Tasmanian Numbered Acts Tasmanian Numbered Acts
- 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
[ Note: This table has been automatically generated and may be incomplete. ]