Biosecurity (Reportable Biosecurity Incidents) Determination 2016 [F2016L00853]-Response required [2016] AUSStaCSDLM 171 (14 September 2016)

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Instrument	Biosecurity (Reportable Biosecurity Incidents) Determination 2016 [F2016L00853]
Purpose	Specifies the events that are reportable biosecurity incidents in relation to goods that are subject to biosecurity control
Last day to disallow	21 November 2016
Authorising legislation	Biosecurity Act 2015
Department	Agriculture and Water Resources
Scrutiny principle	Standing Order 23(3)(a)

Incorporation of documents

Section 14 of the Legislation Act 2003 allows legislative instruments to make provision in relation to matters by incorporating Acts and disallowable legislative instruments, either as in force at a particular time or as in force from time to time. Other documents may only be incorporated as in force at the commencement of the legislative instrument, unless authorising or other legislation alters the operation of section 14.

With reference to the above, the committee notes that:

• section 4 of the Biosecurity (Reportable Biosecurity Incidents) Determination 2016 [F2016L00853] (the incidents determination) incorporates Biosecurity (Prohibited and Conditionally Non-Prohibited Goods) Determination 2016 (the non-prohibited goods determination), which is made under subsection 174(1) of the Biosecurity Act; and

• the ES to the incidents determination states that the non-prohibited goods determination is incorproated as in force from time to time.

However, the committee notes that subsection 174(5) of the Biosecurity Act provides that the non-prohibited goods determination is a legislative instrument that is not subject to disallowance; and that subsection 14(3) of the Legislation Act 2003 provides that only disallowable legislative instruments may be incorporated as in force from time to time. As the committee is unaware of any legislation altering the operation of subsection 14(3), the committee therefore understands that the

non-prohibited goods determination may only be incorporated as in force at the commencement of the incidents determination.

The committee requests the advice of the minister in relation to this matter.