BIOSECURITY ACT 2019 (NO. 22 OF 2019)

Tasmanian Numbered Acts

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BIOSECURITY ACT 2019 (NO. 22 OF 2019)

- Act 22 of 2019
- Royal Assent 26 August 2019

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement
3. Objects of Act
4. Principles for performing functions under this Act
5. Application of Act
6. Extraterritorial operation of Act
7. Act binds Crown

PART 2 - Interpretation

Division 1 - General

8. Interpretation
9. Meaning of biosecurity compendium
10. Meaning of biosecurity event
11. Meaning of biosecurity impact
12. Meaning of biosecurity matter
13. Meaning of carrier
14. Meaning of dealing
15. Meaning of emergency
16. Meaning of pest and invasive pest
17. Meaning of regulated dealing and prohibited dealing
18. Meaning of suitable person

Division 2 - Classification of matter

19. Permitted matter
20. Prohibited matter
21. Restricted matter
22. Form of declaration of matter
23. Minister to consult on declaration

Division 3 - Reasonable suspicion

24. Reasonable suspicion – carriers
25. Reasonable suspicion of infection
26. Reasonable suspicion of infestation

PART 3 - Officers

Division 1 - Plant protection officers

27. Chief Plant Protection Officer
28. Deputy Chief Plant Protection Officer

Division 2 - Veterinary officers

29. Chief Veterinary Officer
30. Deputy Chief Veterinary Officer

Division 3 - Authorised officers

31. Authorised officers
32. Functions of authorised officer
33. Identification of authorised officers

Division 4 - Biosecurity auditors

34. Biosecurity auditors
35. Approval of authorised officer to perform functions of biosecurity auditor
36. Entry to premises by biosecurity auditor
37. Use of assistants

Division 5 - Biosecurity certifiers

38. Biosecurity certifier
39. Approval of authorised officer to perform functions of biosecurity certifier

Division 6 - Authorised analysts

40. Authorised analysts

PART 4 - Functions of Authorised Officers

Division 1 - General

41. Authorised purpose
42. Use of assistants
43. Use of dogs
44. Performance of functions in emergency
45. Extraterritorial performance of functions

Division 2 - Information gathering

46. Application of Division
47. Information to be provided
48. Authorised officer may require answer
49. Questions may be recorded

Division 3 - Entry of premises

50. Powers of authorised officers to enter premises
51. Warrants

Division 4 - Investigation and risk management functions

52. Authorised officers may require name and address
53. General functions of authorised officers
54. Requiring assistance
55. Recovery of fee for action taken

Division 5 - Functions in relation to seized things

56. Interpretation
57. Receipt for seized things
58. Return of seized things
59. Certification of inability to return seized thing
60. Court order requiring delivery of seized thing
61. Forfeiture of seized thing
62. Dealing with forfeited things

Division 6 - Limitations on functions

63. Detention or treatment of persons
64. Destruction requirements
65. Notification of proposed destruction
66. Interaction of functions with restrictions imposed by other Acts

Division 7 - General

67. Interference with signs, device, trap, equipment, &c.
68. Self-incrimination
69. Care to be taken by authorised officers

PART 5 - Biosecurity Duties and Dealings

Division 1 - General biosecurity duty

70. General biosecurity duty
71. Failure to comply with general biosecurity duty
72. Specified biosecurity requirements

Division 2 - Notification of biosecurity events

73. Notification of biosecurity event

Division 3 - Dealings

74. Dealing with prohibited matter
75. Dealing with restricted matter
76. Prohibited dealings
77. Regulated dealing

PART 6 - Biosecurity Registration

Division 1 - Preliminary

78. Registration required to engage in regulated dealings
79. Application for biosecurity registration
80. Grant or refusal of biosecurity registration
81. Duration of biosecurity registration
82. Variation of biosecurity registration

Division 2 - Renewal of biosecurity registration

83. Application for renewal of biosecurity registration
84. Grant or refusal of renewal application

Division 3 - Conditions of biosecurity registration

85. Conditions of biosecurity registration
86. Compliance with standards
87. Conditions requiring specified works or measures
88. Conditions imposing alternative arrangements
89. Conditions for insurance cover
90. Conditions requiring biosecurity audits
91. Conditions requiring financial assurances
92. Conditions to take effect later
93. Failure to comply with biosecurity registration condition

Division 4 - Suspension, cancellation or surrender of biosecurity registration

94. Grounds for suspension or cancellation of biosecurity registration
95. Suspension of biosecurity registration
96. Cancellation of biosecurity registration
97. Voluntary surrender of biosecurity registration
98. Effect of suspension, cancellation or surrender on conditions

PART 7 - Permits

Division 1 - Preliminary

99. Relevant decision-maker
100. Types of permit
101. Effect of permit
102. Duration of permit

Division 2 - Individual permits

103. Application for individual permit
104. Grant or refusal of permit
105. Form of individual permit
106. Variation of individual permit
107. Application for renewal of individual permit
108. Grant or refusal of renewal of individual permit
109. Effect of refusal to renew individual permit

Division 3 - Group permit

110. Grant of group permit
111. Form of group permit
112. Variation of group permit
113. Renewal of group permit

Division 4 - Conditions of permit

114. Conditions of permits
115. Conditions relating to insurance
116. Conditions relating to audits
117. Conditions relating to financial assurances
118. Conditions may take effect at any time
119. Failure to comply with permit condition

Division 5 - Suspension, cancellation or surrender of permits generally

120. Grounds for suspending or cancelling individual permit
121. Grounds for suspending or cancelling group permit
122. Suspension of permit
123. Permit holder may make submissions about suspension
124. Cancellation of permit
125. Permit holder may make submissions about cancellation
126. Voluntary surrender of individual permit
127. Effect of suspension, cancellation or surrender on conditions

PART 8 - Biosecurity Zones

128. Biosecurity zones
129. Biosecurity zone measures
130. Failure to comply with biosecurity zone measure

PART 9 - Biosecurity Programs and Agreements

Division 1 - Approved biosecurity programs

131. Preparation of draft biosecurity program
132. Approval of draft biosecurity program
133. Amendment of approved biosecurity program
134. Termination of approved biosecurity program
135. Cost of implementing approved biosecurity program

Division 2 - Government biosecurity programs

136. Government biosecurity program

Division 3 - Biosecurity control agreements

137. Biosecurity control agreement
138. Suspension or revocation of biosecurity control agreement

PART 10 - Biosecurity Certification, Auditing and Accreditation

Division 1 - Accreditation authority

139. Accreditation authority
140. Responsible accreditation authority

Division 2 - Biosecurity auditsSubdivision 1 - Biosecurity audits generally

141. Biosecurity audits
142. Biosecurity audits mandatory in certain circumstances
143. Reporting requirements for biosecurity audit
144. Biosecurity auditor to provide immediate report in certain circumstances
145. Accreditation audits
146. Who can require accreditation audits
147. Engagement of auditors
148. Functions of biosecurity auditors – accreditation audits
149. Recovery of fee for accreditation audits
150. Compliance audits
151. Who can require compliance audits
152. Decision to require compliance audits
153. Audit frequency policy
154. Engagement of auditor
155. Functions of biosecurity auditor – compliance audit
156. Recovery of fee for compliance audit
157. Use of compliance audit

Division 3 - Biosecurity certificates

158. Biosecurity certificate
159. Recognition of interstate biosecurity certificates
160. Issue or alteration of biosecurity certificate by unauthorised person
161. False biosecurity certificates
162. False representations

PART 11 - Orders, Directions and Undertakings

Division 1 - Emergency orders

163. Emergency orders
164. Duration of emergency order
165. Notice of emergency order generally
166. Notice of emergency order relating to specific property
167. Emergency zones
168. Emergency measures
169. Additional emergency measures
170. Measures which may not be emergency measures
171. Inspection of persons
172. Emergency order prevails
173. Offences
174. Secretary may authorise required actions and recover costs
175. Amendment or revocation of emergency order
176. Protection of emergency actions

Division 2 - Control orders

177. Control orders
178. Content of control orders
179. Notice of control orders generally
180. Notice of control orders relating to specific property
181. Duration of control orders
182. Control zones
183. Control measures
184. Consultation required for control order
185. Measures which may not be control measures
186. Destruction requirements
187. Offence of contravening control measure
188. Secretary may authorise required actions and recover costs
189. Amendment or revocation of control order

Division 3 - Biosecurity directions

190. Types of biosecurity direction
191. General biosecurity direction
192. How general biosecurity direction is given
193. Individual biosecurity directions
194. How individual biosecurity direction is given
195. Special emergency powers – inspection and treatment
196. Recovery of costs
197. Taking of required actions and recovery of costs
198. Measures not to be included in biosecurity direction
199. Additional measures not to be included in biosecurity direction
200. Offence not to comply with biosecurity direction

Division 4 - Biosecurity undertakings

201. Authorised officer may accept undertakings
202. Contents of biosecurity undertaking
203. When biosecurity undertaking takes effect
204. Contravention of biosecurity undertaking
205. Fee for biosecurity undertaking
206. Authorised officer may take or authorise required actions and recover costs
207. Order requiring compliance with biosecurity undertaking
208. Withdrawal or variation of biosecurity undertaking
209. Enforcement action not prevented by undertaking

PART 12 - Recovery of Costs and Reimbursements

Division 1 - Recovery of certain costs

210. Recoverable amounts
211. Cost recovery orders
212. Form of cost recovery orders
213. Interest on cost recovery orders
214. Change in payment of cost recovery orders
215. Recovery of recoverable amounts
216. Registration of cost recovery orders as charge on land
217. Power to delegate functions under this Division

Division 2 - Reimbursements

218. Eligibility for reimbursements
219. Claims for reimbursement
220. Amount of reimbursement
221. Determination of value
222. Reimbursements may be withheld
223. Payment of reimbursements
224. Recovery of reimbursement
225. Offence to make false claim

PART 13 - Offences

226. Failure to comply with requirement
227. Obstructing authorised officer or biosecurity auditor
228. Assaulting authorised officer or biosecurity auditor
229. Impersonating officials
230. False or misleading information

PART 14 - Legal Proceedings

Division 1 - Offences generally

231. Infringement notices
232. Continuing offence
233. Offences by employers
234. Offences by bodies corporate
235. Offences by employees or agents
236. Proceedings for offences
237. Presumption of state of mind

Division 2 - Evidentiary provisions

238. Evidentiary certificates
239. Evidence of allegation
240. Evidence of authorised analyst
241. Evidence as to state of mind of corporation
242. Evidence of publication of instruments on website
243. Evidence of part to be evidence of whole

Division 3 - Defences, etc.

244. Defence of due diligence
245. Defence of lawful excuse
246. Actions done under direction of authorised officers
247. Burden of proof in certain circumstances

Division 4 - Court orders

248. Orders generally
249. Orders for restoration and prevention
250. Orders regarding costs and expenses of investigation
251. Prohibition orders
252. Publication order
253. Recovery from court of competent jurisdiction of costs, expenses and compensation after offence proved
254. Forfeiture
255. Failure to comply with orders

Division 5 - Appeals

256. Appeals generally
257. Appeals relating to accreditation authorities
258. Appeals relating to biosecurity auditors
259. Appeals relating to permits
260. Appeals relating to biosecurity registrations
261. Appeals relating to accreditations
262. Appeals relating to cost recovery orders
263. Appeals relating to individual biosecurity directions
264. Appeals relating to reimbursements

PART 15 - Miscellaneous

265. Delegation
266. Authorisations non-transferrable
267. Biosecurity Advisory Committee
268. Protection from liability
269. Planning and other requirements in relation to authorised actions excluded
270. Disclosure of information
271. Collection, use and disclosure of information
272. Cruelty to animals not authorised
273. Requirements may continue to have effect
274. Service of notices and other documents
275. Description of land in notices and other instruments
276. Exemptions
277. Waiver and refund of fees and other amounts
278. Application of Personal Property Securities Act 2009 of the Commonwealth
279. Immunity
280. Orders, notices, &c., not statutory rules
281. Regulations
282. Legislation repealed, rescinded and revoked
283. Administration of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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