BIOSECURITY ACT 2015

Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Preliminary

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Simplified outline of this Act
4. Objects of this Act
5. Appropriate Level of Protection (ALOP) for Australia against biosecurity risks
6. Act binds the Crown
7. Extension of Act to Christmas Island, Cocos (Keeling) Islands and other prescribed external Territories
8. Concurrent operation of State and Territory laws

PART 2--DEFINITIONS

9. Definitions
10. Meaning of approved arrangement
11. Meaning of associate
12. Meaning of Australian territory
13. Meaning of biosecurity entry point
14. Meaning of biosecurity industry participant and covered by
14A. Meaning of biosecurity worker
16. Meaning of conveyance
17. Meaning of exposed to
18. Meaning of first point of entry
19. Meaning of goods
20. Meaning of installation
21. Meaning of operator of a conveyance
22. Meaning of person in charge

PART 3--CONSTITUTIONAL--AND INTERNATIONAL LAW PROVISIONS

Division 1--Introduction

23. Simplified outline of this Part

Division 2--Constitutional and international law provisions

24. Severability
25. Application of this Act in relation to pests that are quarantine risks or invasive pests
26. Application of this Act in relation to invasive pests
27. Compensation for acquisition of property
28. Freedom of interstate trade, commerce and intercourse
29. Commonwealth not to give preference
30. Application of this Act to foreign aircraft and vessels

PART 4--PRINCIPLES--AFFECTING DECISIONS TO EXERCISE CERTAIN POWERS

31. Simplified outline of this Part
32. The principles

CHAPTER 2--Managing biosecurity risks: human health

PART 1--GENERAL--PROTECTIONS AND LISTING HUMAN DISEASES

Division 1--Introduction

33. Simplified outline of this Part

Division 2--Protections

Subdivision A--General protections

34. The principles
35. No interference with urgent or life - threatening medical needs

Subdivision B--Protections for children or incapable persons

36. Child or incapable person may be accompanied
37. Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person
38. Requirement to comply with direction
39. Parent, guardian or next of kin may authorise person to accompany child or incapable person
40. Giving consent
41. Exception for requiring an individual to remain at a place

Division 3--Listing human diseases

42. Listing human diseases

PART 2--PREVENTING--RISKS TO HUMAN HEALTH

Division 1--Introduction

43. Simplified outline of this Part

Division 2--Entry and exit requirements

44. Entry requirements
45. Exit requirements
46. Civil penalties for failing to comply with certain entry and exit requirements

Division 3--Contact information for operators

47. Requirements for operators to provide 24/7 contact information

Division 4--Pratique

48. Positive pratique
49. Negative pratique
50. Pre - departure reporting

Division 5--Preventative biosecurity measures

51. Determining preventative biosecurity measures
52. Civil penalty for failing to comply with a preventative biosecurity measure

Division 6--Information gathering powers

54. Who may ask questions and require written information
55. Asking questions and requiring answers from particular individuals
56. Asking questions and requiring answers from any individual
57. Requiring an individual to provide written information
58. Offence for failing to comply with a requirement

PART 3--MANAGING--RISKS TO HUMAN HEALTH: HUMAN BIOSECURITY CONTROL ORDERS

Division 1--Introduction

59. Simplified outline of this Part

Division 2--Imposing human biosecurity control orders on individuals

Subdivision A--Imposing, varying and revoking human biosecurity control orders

60. Imposing a human biosecurity control order on an individual
61. Contents of a human biosecurity control order
62. Form of a human biosecurity control order
63. Giving a human biosecurity control order to an individual
64. Varying a human biosecurity control order
65. Giving notice of a variation of a human biosecurity control order
66. Revoking a human biosecurity control order
67. Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order

Subdivision B--Powers if officer intends to impose human biosecurity control order

68. Requiring an individual to remain at a place
69. Providing contact information
70. Requirement for an individual to notify changes to contact information

Subdivision C--When an individual is required to comply with a biosecurity measure

71. Consenting to a biosecurity measure
72. Director of Human Biosecurity may give direction requiring compliance
73. When direction to comply with biosecurity measure ceases to be in force
74. When individual is required to comply with a biosecurity measure

Subdivision D--ART review of isolation and traveller movement measures

75. Obligation on Director of Human Biosecurity relating to Administrative Review Tribunal application
76. Applications
77. Reasons and documents
78. Time period for making a decision
79. Limitation on Administrative Review Tribunal power to stay etc. decisions

Subdivision E--Other provisions relating to external review of isolation and traveller movement measures

80. Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977
81. Judicial review of isolation and traveller movement measures

Division 3--Biosecurity measures that may be included in a human biosecurity control order

Subdivision A--General provisions relating to including biosecurity measures in a human biosecurity control order

82. Who can include a biosecurity measure in a human biosecurity control order
83. Informing individual of risks
84. Test for including a biosecurity measure in a human biosecurity control order

Subdivision B--Biosecurity measures that may be included in a human biosecurity control order

85. Managing contacts
86. Contacting officer with health status
87. Restricting behaviour
88. Risk minimisation interventions
89. Decontamination
90. Undergoing an examination
91. Requiring body samples for diagnosis
92. Receiving a vaccination or treatment
93. Receiving medication
94. Appropriate medical or other standards to be applied
95. No use of force to require compliance with certain biosecurity measures
96. Traveller movement measure
97. Isolation measure

Subdivision C--Provisions relating to traveller movement measures

98. Traveller movement measure alert
99. Content of traveller movement measure alert
100. Destruction of traveller movement measure alert
101. Prevention from leaving Australian territory

Division 4--Other provisions relating to human biosecurity control orders

Subdivision A--Consular assistance

102. Consular assistance

Subdivision B--Detention

103. Detention
104. Rules relating to detention
105. Release from detention
106. Offence for escaping from detention

Subdivision C--Miscellaneous

107. Offence for failing to comply with a human biosecurity control order
108. Expenses incurred in complying with human biosecurity control orders

PART 4--MANAGING--RISKS TO HUMAN HEALTH: OTHER BIOSECURITY MEASURES

Division 1--Introduction

109. Simplified outline of this Part

Division 2--Managing deceased individuals

110. Human remains brought into Australian territory
111. Officer may give directions for managing human remains
112. Individuals who have died in transit or on arrival

Division 3--Human health response zones

113. Determining human health response zones
114. Consultation requirements
115. Notification requirements
116. Civil penalty for failing to comply with a requirement of a human health response zone determination

CHAPTER 3--Managing biosecurity risks: goods

PART 1--GOODS--BROUGHT INTO AUSTRALIAN TERRITORY

Division 1--Introduction

117. Simplified outline of this Part
118. Objects of this Part

Division 2--Goods are subject to biosecurity control

119. Goods brought into Australian territory are subject to biosecurity control

Division 3--Notice of goods to be unloaded in Australian territory

120. Notice must be given of goods to be unloaded in Australian territory
121. Notice of goods to be unloaded in Australian territory--requirement to give additional or corrected information
122. Power to obtain extra information relating to goods covered by a notice under section 120

Division 4--Assessment of level of biosecurity risk

123. Biosecurity risk assessment powers
124. Direction to secure goods
125. Inspecting goods and taking samples
126. Asking questions about goods
127. Requiring documents relating to goods to be produced
128. Movement of goods
129. Biosecurity control notice may be affixed to goods or given to person in charge of goods
130. Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed

Division 5--Biosecurity measures to manage unacceptable level of biosecurity risk

131. Biosecurity measures may be required in relation to goods
132. Movement of goods
133. Treatment of goods
134. Treatment that is likely to damage goods
135. Export of goods
136. Destruction of goods
137. Regulations may provide for other biosecurity measures
138. Powers of biosecurity officer if biosecurity measures are required
139. Biosecurity officer may affix notice to goods
140. Person must comply with direction to take biosecurity measures
141. Unauthorised persons must not move etc. goods to which notice has been affixed

Division 6--Unloading goods at landing places or ports

142. Application of this Division
143. Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc.
144. Person may unload goods from aircraft or vessel subject to direction etc.
145. Goods must not be unloaded except at first point of entry for those goods or with permission
146. Permission to unload goods at landing place or port other than first point of entry for those goods
147. Goods must be brought to biosecurity entry point for those goods at first point of entry
148. Permission to bring goods to alternative biosecurity entry point
149. Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division

Division 7--Unloading goods from vessel displaying prescribed quarantine signal

150. Application of this Division
151. Unloading goods from vessel displaying prescribed quarantine signal
152. Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal

Division 8--Reporting biosecurity incidents

153. Application of this Division
154. Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents
155. Reporting by person in charge of aircraft or vessel carrying goods
156. Reporting by person in charge of goods
157. How reports must be made

Division 9--Goods exposed to goods that are subject to biosecurity control

158. Application of this Division
159. Assessment and management of biosecurity risk associated with exposed goods
160. Exposed goods orders
161. Effect of exposed goods order

Division 10--Release of goods from biosecurity control

162. When goods brought into Australian territory are released from biosecurity control
163. Notice releasing goods from biosecurity control
164. Revoking notice or declaration releasing goods from biosecurity control

PART 2--BIOSECURITY--IMPORT RISK ANALYSES

Division 1--Introduction

165. Simplified outline of this Part

Division 2--Biosecurity Import Risk Analyses

166. What is a Biosecurity Import Risk Analysis (BIRA)
167. Director of Biosecurity may conduct a BIRA
168. Agriculture Minister may direct Director of Biosecurity to commence a BIRA
169. Process for conducting a BIRA
170. Reports

PART 3--PROHIBITED--GOODS ETC.

Division 1--Introduction

171. Simplified outline of this Part
172. Exclusion of State and Territory laws

Division 2--Prohibited goods and conditionally non-prohibited goods

173. Prohibited goods
174. Conditionally non - prohibited goods
175. Security may be required in relation to conditionally non - prohibited goods

Division 3--Permits to bring or import goods into Australian territory

176. Application of this Division
177. Person may apply for permit
178. Dealing with application
179. Director of Biosecurity may grant permit
180. Conditions of permit
181. Variation, suspension or revocation of permit

Division 4--Suspended goods

182. Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period
183. Variation of determination suspending bringing or importation of goods into Australian territory
184. Effect on permit of suspended goods determination

Division 5--Offences and civil penalty provisions

185. Bringing or importing prohibited or suspended goods into Australian territory
186. Contravening conditions applying to conditionally non - prohibited goods brought or imported into Australian territory
186A. Contravening conditions applying to conditionally non - prohibited goods brought or imported into Australian territory--concealment of goods
187. Contravening conditions of a permit
188. Receiving or possessing prohibited or suspended goods brought or imported into Australian territory

CHAPTER 4--Managing biosecurity risks: conveyances

PART 1--INTRODUCTION

189. Objects of this Chapter

PART 2--CONVEYANCES--ENTERING AUSTRALIAN TERRITORY ETC.

Division 1--Introduction

190. Simplified outline of this Part

Division 2--Conveyances that are subject to biosecurity control

191. Aircraft and vessels entering Australian territory
192. Conveyances exposed to other conveyances that are subject to biosecurity control

Division 3--Pre-arrival reporting etc.

193. Pre - arrival reporting
194. Pre - arrival reporting--requirement to give more information
195. Power to obtain extra information relating to an aircraft or vessel covered by a pre - arrival report
196. Persons on incoming aircraft or vessel may be required to provide information or travel documents to assess biosecurity risk

Division 3A--Entry requirements: persons entering Australian territory on board conveyances

196A. Persons on incoming aircraft or vessel may be subject to requirements relating to diseases or pests
196B. Varying and revoking requirements
196C. Civil penalty for failing to comply with requirement

Division 4--Assessment of level of biosecurity risk associated with conveyances

197. Biosecurity risk assessment powers
198. Securing conveyance
199. Inspecting conveyance
200. Asking questions about conveyance
201. Requiring documents relating to conveyance to be produced
202. Movement of conveyance
203. Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance
204. Unauthorised persons must not move etc. conveyance in relation to which direction has been given

Division 5--Biosecurity measures to manage unacceptable level of biosecurity risk associated with conveyances

204A. Requirements to destroy vectors on incoming or outgoing aircraft or vessels
205. Biosecurity measures may be required in relation to conveyance
206. Movement of certain aircraft and vessels
207. Movement of exposed conveyances
208. Treatment of conveyance
209. Treatment that is likely to damage conveyance
210. Destruction of conveyance
211. Conveyance must not be destroyed during review period
212. Regulations may provide for other biosecurity measures
213. Powers of biosecurity officer if biosecurity measures are required
214. Biosecurity officer may affix notice to conveyance
215. Person must comply with direction to take biosecurity measures
216. Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required

Division 6--Leaving conveyances

217. Person in charge of conveyance may leave conveyance unless directed not to do so

Division 7--Release of conveyances from biosecurity control

218. When conveyance is released from biosecurity control
219. Notice releasing conveyance from biosecurity control

Division 8--Miscellaneous

220. Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels
221. Quarantine signal

PART 3--FIRST--POINTS OF ENTRY AND BIOSECURITY ENTRY POINTS

Division 1--Introduction

222. Simplified outline of this Part

Division 2--First points of entry and biosecurity entry points for incoming aircraft and goods

223. Determination of landing places that are first points of entry for aircraft or goods that are subject to biosecurity control
224. Biosecurity entry points for aircraft and goods that are subject to biosecurity control
225. Determination may be subject to conditions
226. Determination may have effect for specified period
227. Variation and revocation of determination etc.
228. Determination is a legislative instrument

Division 3--First points of entry and biosecurity entry points for incoming vessels and goods

229. Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control
230. Biosecurity entry points for vessels and goods that are subject to biosecurity control
231. Determination may be subject to conditions
232. Determination may have effect for specified period
233. Variation and revocation of determination etc.
234. Determination is a legislative instrument

PART 4--ENTRY--POINTS FOR INCOMING AIRCRAFT AND VESSELS

Division 1--Introduction

235. Simplified outline of this Part

Division 2--Entry points for aircraft that intend to land in Australian territory

236. Application of this Division
237. Aircraft must land at first point of entry
238. Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry
239. Permission for aircraft to land at landing place that is not first point of entry for aircraft
240. Direction requiring aircraft to land, or not to land, at specified landing place
241. Direction requiring aircraft not to land at any landing place in Australian territory
242. Direction requiring aircraft to land, or not to land, at specified landing place--management of human health risks
243. Person who is given direction must comply with it

Division 3--Entry points for vessels that intend to be moored in Australian territory

244. Application of this Division
245. Vessel must be moored at first point of entry
246. Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry
247. Permission for vessel to be moored at port that is not first point of entry for vessel
248. Direction requiring vessel to be moored, or not to be moored, at specified port
249. Direction requiring vessel not to be moored at any port in Australian territory
250. Direction requiring vessel to be moored, or not to be moored, at specified port--management of human health risks
251. Person who is given direction must comply with it

Division 4--Miscellaneous

252. Biosecurity officer etc. may enter landing places or ports
252A. Direction to operator of first point of entry to carry out activities to control vectors

PART 5--SHIP--SANITATION

Division 1--Introduction

253. Simplified outline of this Part

Division 2--Ship sanitation

254. Application of this Division
255. Regulations may prescribe scheme in relation to ship sanitation
256. Declaring ports at which vessels may be inspected for the purposes of the scheme
257. Assessing and managing sanitation health risks

CHAPTER 5--Ballast water and sediment

PART 1--APPLICATION--AND INTERPRETATION

Division 1--Introduction

258. Simplified outline of this Part

Division 2--Application and interpretation

259. Extension of Chapter to every external Territory
260. Vessels in dry dock in Australia
261. Foreign vessels and the Australian Antarctic Territory
262. References to the person in charge of a vessel do not include persons exercising certain powers
263. Permanent ballast water in sealed tanks not subject to this Chapter
263A. Warships, naval auxiliary or other vessels owned or operated by the Australian government or the government of a foreign country
264. Relationship with other Commonwealth laws
265. Relationship with State and Territory laws

PART 2--NOTICE--OF DISCHARGE OF BALLAST WATER IN AUSTRALIAN TERRITORIAL SEAS

Division 1--Introduction

266. Simplified outline of this Part

Division 2--Reporting ballast water discharges

267. Reporting ballast water discharges in Australian territorial seas
268. Reporting ballast water discharges in Australian territorial seas--requirement to give additional or corrected information

PART 3--MANAGEMENT--OF DISCHARGE OF BALLAST WATER

Division 1--Introduction

269. Simplified outline of this Part

Division 2--Offence of discharging ballast water

270. Offence--discharging ballast water

Division 3--Exceptions: ballast water management

Subdivision A--Exception

271. Exception--ballast water has been managed for discharge

Subdivision B--Methods of ballast water management

272. Approved method of ballast water management
273. Method of ballast water management--application for approval
274. Method of ballast water management--approval of method approved by foreign country

Subdivision C--Ballast water exchange

275. Management by ballast water exchange

Division 4--Exception: discharge as part of acceptable ballast water exchange

276. Exception--discharge as part of acceptable ballast water exchange

Division 5--Exception: approved discharge to ballast water reception facility

277. Exception--approved discharge to ballast water reception facility
278. Discharge to ballast water reception facility--application for approval

Division 6--Exception: discharge covered by exemption

278A. Exception--discharge covered by prescribed conditions
279. Exception--discharge covered by exemption
280. Director of Biosecurity may grant exemptions
281. Variation and revocation of exemption

Division 7--Exception: taking up and discharging ballast water at same place

282. Exception--taking up and discharging ballast water at same place

Division 8--Exceptions and reporting requirements relating to safety, accidents and pollution

283. Exceptions--safety, accidents and pollution
284. Report of discharge relating to safety, accident or pollution

PART 4--BALLAST--WATER MANAGEMENT PLANS AND BALLAST WATER MANAGEMENT CERTIFICATES

Division 1--Introduction

285. Simplified outline of this Part

Division 1A--General requirement to have ballast water management plan and certificate

285A. Vessels to have a ballast water management plan and certificate
285B. Scheme to provide further exemptions from requirement to have a ballast water management plan and certificate
285C. Offence for failing to have a ballast water management plan or certificate

Division 2--Ballast water management plans

286. Ballast water management plan
287. Approval of ballast water management plans for vessels

Division 3--Ballast water management certificates

288. Ballast water management certificate
290. Issue or endorsement etc. of ballast water management certificate on behalf of the Commonwealth

Division 4--Survey authorities

290A. Director of Biosecurity may authorise person to be survey authority

PART 5--BALLAST--WATER RECORDS

Division 1--Introduction

291. Simplified outline of this Part

Division 2--Ballast water records

292. Vessels must have a ballast water record system
293. Recording ballast water operations and disposal of sediment
294. Records must be retained
295. Appropriate ballast water records for vessels

PART 6--OFFENCE--OF DISPOSING OF SEDIMENT

Division 1--Introduction

297. Simplified outline of this Part

Division 2--Offence of disposing of sediment

298. Offence--disposing of sediment
299. Exceptions--safety, accidents and pollution
299A. Report of disposal of sediment relating to safety, accident or pollution

PART 7--COMPLIANCE--AND ENFORCEMENT

Division 1--Introduction

300. Simplified outline of this Part
300A. Purpose and location of exercise of powers

Division 2--Powers in relation to vessels

300B. Securing vessels
300C. Inspecting and taking samples from vessels
300D. Asking questions about vessels
301. Power to require owner of vessel to provide ballast water records

Division 3--Directions powers

302. Directions not to discharge ballast water
303. Directions about movement of vessel
304. Directions about movement of vessel--variation or revocation
304A. Report on failure to comply with direction
305. Offence--contravening a direction
306. Manner of giving directions etc.

PART 8--MISCELLANEOUS

307. Compensation for undue detention or delay of vessel
308. Prescribing matters by reference to other instruments
308A. Determination

CHAPTER 6--Managing biosecurity risks: monitoring, control and response

PART 1--INTRODUCTION

309. Simplified outline of this Part
310. Modified meaning of biosecurity risk
311. Objects of this Chapter
312. Application of this Chapter

PART 1A--LOCATING--PROHIBITED OR SUSPENDED GOODS ETC.

Division 1--Introduction

312A. Simplified outline of this Part

Division 2--Information-gathering powers

312B. Requirement to notify of information about goods that have become suspended goods
312C. Requirement to notify of information about goods that have become prohibited goods
312D. Information - gathering powers relating to prohibited goods, suspended goods and certain conditionally non - prohibited goods
312E. Asking questions about goods
312F. Requiring documents relating to goods to be produced

PART 2--ASSESSMENT--OF LEVEL OF BIOSECURITY RISK

Division 1--Introduction

313. Simplified outline of this Part

Division 2--Circumstances in which biosecurity risk assessment powers may be exercised

314. Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk
315. Exercise of biosecurity risk assessment powers in premises

Division 3--Biosecurity risk assessment powers

316. Application of this Division
317. Direction to secure goods or conveyance
318. Inspections and taking samples of goods or premises
319. Asking questions about goods or premises
320. Requiring documents relating to goods or premises to be produced
321. Movement of goods or conveyance
322. Biosecurity officer may affix notice to goods or conveyance
323. Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed
324. Operating electronic equipment on premises
325. Expert assistance to operate electronic equipment
326. Compensation for damage to electronic equipment

Division 4--Offences

327. Contravention of direction
328. Contravention of requirement to answer questions etc.
329. Contravention of requirement to produce documents
330. Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed

PART 3--BIOSECURITY--MEASURES TO MANAGE UNACCEPTABLE LEVEL OF BIOSECURITY RISK

Division 1--Introduction

331. Simplified outline of this Part

Division 2--Powers that may be exercised: general

Subdivision A--Circumstances in which powers may be exercised

332. Circumstances in which powers set out in this Division may be exercised

Subdivision B--Powers relating to entry to and exit from premises

333. Entry and exit etc. requirements--persons
334. Entry and exit etc. requirements--goods and conveyances

Subdivision C--Powers relating to treatment of goods, conveyances and other premises

335. Treatment of goods
336. Treatment that may damage goods
337. Treatment of conveyance
338. Treatment that may damage conveyance
339. Treatment of premises (other than a conveyance)
340. Treatment that may damage premises (other than a conveyance)
341. Dealing with premises (other than a conveyance) if owner does not agree to treatment etc.

Subdivision D--Powers relating to destruction of goods, conveyances and other premises

342. Destruction of goods
343. Destruction of conveyance
344. Destruction of premises
345. High - value goods, conveyances or premises must not be destroyed during review period

Division 3--Powers provided by regulations

346. Regulations may provide for other biosecurity measures

Division 4--Other powers

347. Powers of biosecurity officer if biosecurity measures are required
348. Biosecurity officer may affix notice to goods or premises

Division 5--Offences and civil penalty provisions

349. Contravention of requirement relating to entering or leaving etc. premises
350. Person must comply with direction
351. Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed

PART 4--BIOSECURITY--CONTROL ORDERS

Division 1--Introduction

352. Simplified outline of this Part

Division 2--Making, varying and revoking biosecurity control orders

353. Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk
354. Content of a biosecurity control order
355. Form of biosecurity control order
356. Biosecurity control order to be given to person in charge etc. of goods or premises or affixed to goods or premises
357. Circumstances in which biosecurity control order ceases to be in force
358. Variation of biosecurity control order
359. Revocation of biosecurity control order

Division 3--Powers that may be exercised under biosecurity control order

360. Powers that may be exercised--general
361. Exercise of powers in premises
362. Power to secure goods or premises to deal with another disease or pest

Division 4--Civil penalty provision

363. Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises

PART 5--BIOSECURITY--RESPONSE ZONES

Division 1--Introduction

364. Simplified outline of this Part

Division 2--Biosecurity response zone determinations

365. Director of Biosecurity may determine biosecurity response zone
366. Content of a biosecurity response zone determination
367. Additional powers that may be specified in a biosecurity response zone determination
368. Consultation requirements
369. Notification requirements

Division 3--Powers that may be exercised in biosecurity response zones

370. Powers that may be exercised--general
371. Exercise of powers in premises
372. Power to secure goods or premises to deal with another disease or pest

Division 4--Offences and civil penalty provisions

373. Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity response zone
374. Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity response zone
375. Person must comply with direction
376. Unauthorised persons must not interfere with etc. equipment etc. set up in biosecurity response zone

PART 6--BIOSECURITY--MONITORING ZONES

Division 1--Introduction

377. Simplified outline of this Part

Division 2--Permanent biosecurity monitoring zones

Subdivision A--Areas that are permanent biosecurity monitoring zones

378. Permanent biosecurity monitoring zones

Subdivision B--Powers that may be exercised in permanent biosecurity monitoring zones

379. Powers that may be exercised--general
380. Exercise of powers in premises

Subdivision C--Civil penalty provisions

381. Unauthorised persons must not interfere with etc. notices or markings identifying permanent biosecurity monitoring zone
382. Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a permanent biosecurity monitoring zone
383. Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone

Division 3--Temporary biosecurity monitoring zones

Subdivision A--Temporary biosecurity monitoring zone determinations

384. Director of Biosecurity may determine temporary biosecurity monitoring zone
385. Content of a temporary biosecurity monitoring zone determination
386. Additional powers that may be specified in a temporary biosecurity monitoring zone determination
387. Consultation requirements
388. Notification requirements

Subdivision B--Powers that may be exercised in temporary biosecurity monitoring zones

389. Powers that may be exercised--general
390. Exercise of powers in premises

Subdivision C--Civil penalty provisions

391. Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone
392. Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone
393. Unauthorised persons must not interfere with etc. equipment etc. set up in temporary biosecurity monitoring zone

PART 6A--PREVENTATIVE--BIOSECURITY MEASURES

Division 1--Introduction

393A. Simplified outline of this Part

Division 2--Preventative biosecurity measures

393B. Determining preventative biosecurity measures
393C. Civil penalty for failing to comply with a preventative biosecurity measure

PART 7--BIOSECURITY--ACTIVITY ZONES

Division 1--Introduction

394. Simplified outline of this Part

Division 2--Biosecurity activity zone determinations

395. Director of Biosecurity may determine biosecurity activity zone
396. Consultation requirements
397. Notification requirements
398. Revocation of biosecurity activity zone determination

Division 3--Powers that may be exercised in biosecurity activity zones

399. Powers that may be exercised
400. Use of force

Division 4--Offences and civil penalty provisions

401. Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone
402. Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity activity zone
403. Person must comply with direction

CHAPTER 7--Approved arrangements

PART 1--INTRODUCTION

404. Simplified outline of this Chapter

PART 2--APPROVAL--OF PROPOSED ARRANGEMENT

405. Person may apply to relevant Director for approval of proposed arrangement to carry out biosecurity activities
406. Relevant Director must decide whether or not to approve proposed arrangement
407. Proposed arrangement may be approved subject to condition requiring security to be given
408. Notice of decision
409. Duration of approved arrangement
410. Restrictions on applications for approval of proposed arrangements etc.
411. Transfer of approved arrangement

PART 3--VARIATION--OF APPROVED ARRANGEMENT

Division 1--Application by biosecurity industry participant

412. Application for approval of varied arrangement

Division 2--Variation required by relevant Director

413. Relevant Director may vary or require variation of approved arrangement
414. Notice varying conditions of approved arrangement
415. Date of effect of variation of conditions of approved arrangement
416. Notice requiring approved arrangement to be varied

PART 4--SUSPENSION--OF APPROVED ARRANGEMENT

Division 1--Suspension requested by biosecurity industry participant

417. Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement

Division 2--Suspension by relevant Director

418. Relevant Director may suspend approved arrangement
419. Notice of suspension
420. Period of suspension

Division 3--Management of biosecurity risks during suspension

421. Management of biosecurity risks during suspension

PART 5--REVOCATION--OR EXPIRY OF APPROVED ARRANGEMENT

Division 1--Revocation requested by biosecurity industry participant

422. Biosecurity industry participant may request relevant Director to revoke approved arrangement

Division 2--Revocation by relevant Director

423. Relevant Director may revoke approved arrangement
424. Notice of revocation
425. Date of effect of revocation

Division 3--Management of biosecurity risks after revocation or expiry of approved arrangement

426. Management of biosecurity risks after revocation or expiry of approved arrangement

PART 6--POWERS--AND OBLIGATIONS OF BIOSECURITY INDUSTRY PARTICIPANTS

Division 1--General

427. Authorisation to carry out biosecurity activities in accordance with approved arrangement
428. Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc.
429. Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks
430. Biosecurity industry participant may charge fee in relation to biosecurity activities carried out

Division 2--Biosecurity incidents

431. Reporting biosecurity incidents
432. Costs of dealing with biosecurity incidents

PART 7--OTHER--PROVISIONS

Division 1--Applications for approval

433. Applications to which this Division applies
434. Requirements for applications
435. Dealing with applications

Division 1A--Notice of proposed variation, suspension or revocation

435A. Notice of proposed variation, suspension or revocation

Division 2--Audit powers

436. Relevant Director may require audit to be carried out
437. Powers of auditors

Division 3--Miscellaneous

438. Giving false or misleading information to a biosecurity industry participant
439. Giving false or misleading documents to a biosecurity industry participant
440. Obstruction or hindrance of person acting in accordance with approved arrangement
441. Protection from civil proceedings

CHAPTER 8--Biosecurity emergencies and human biosecurity emergencies

PART 1--BIOSECURITY--EMERGENCIES

Division 1--Introduction

442. Simplified outline of this Part

Division 2--Declaration of biosecurity emergency

443. Governor - General may declare that a biosecurity emergency exists
444. Governor - General may extend biosecurity emergency period

Division 3--Emergency requirements, directions and actions

445. Agriculture Minister may determine emergency requirements during biosecurity emergencies
446. Agriculture Minister may give directions and take actions during biosecurity emergencies
447. Limits on power to give directions and take actions
448. Limit on requiring individuals to be subject to certain biosecurity measures
449. Person must comply with emergency requirements and directions
450. Asking questions relating to biosecurity emergencies
451. Requiring documents relating to biosecurity emergencies

Division 4--National response agencies

452. Agriculture Minister may declare national response agency
453. Agriculture Minister may delegate certain emergency powers
454. Executive head of national response agency may subdelegate certain emergency powers
455. Delegation does not limit other powers
456. Notice may be affixed to goods or a conveyance
457. Moving or interfering with goods or conveyance

Division 5--Exercise of powers during biosecurity emergencies

458. Modification of this Act during biosecurity emergencies
459. Biosecurity risk assessment powers
460. Application of offences during emergencies
461. Biosecurity control orders--making orders
462. Biosecurity control orders--varying orders
463. Biosecurity control orders--revoking orders
464. Modification of Part 4 of Chapter 6 in relation to biosecurity control orders
465. Biosecurity response zones
466. Setting traps and setting up equipment and other structures
467. Notice requirements during biosecurity emergencies
468. Other biosecurity measures during biosecurity emergencies
469. Merits review during biosecurity emergencies

Division 6--Entry to premises without warrant or consent during biosecurity emergencies

470. Entry to premises without warrant or consent during biosecurity emergencies
471. Modification of Chapter 6
472. Entry to adjacent premises without warrant or consent during biosecurity emergencies

PART 2--HUMAN--BIOSECURITY EMERGENCIES

Division 1--Introduction

473. Simplified outline of this Part

Division 2--Human biosecurity emergency powers

474. Health Minister to exercise human biosecurity emergency powers personally
475. Governor - General may declare that a human biosecurity emergency exists
476. Governor - General may extend a human biosecurity emergency period
477. Health Minister may determine emergency requirements during human biosecurity emergency period
478. Health Minister may give directions during human biosecurity emergency period
479. Person must comply with emergency requirements and directions

CHAPTER 9--Compliance and enforcement

PART 1--MONITORING

Division 1--Introduction

480. Simplified outline of this Part

Division 2--Monitoring under Part 2 of the Regulatory Powers Act

481. Basic monitoring powers under Part 2 of the Regulatory Powers Act
482. Modifications of Part 2 of the Regulatory Powers Act

PART 2--INVESTIGATION

Division 1--Introduction

483. Simplified outline of this Part

Division 2--Investigating under Part 3 of the Regulatory Powers Act

484. Basic investigation powers under Part 3 of the Regulatory Powers Act
485. Modifications of Part 3 of the Regulatory Powers Act

PART 3--WARRANTS--FOR PURPOSES OTHER THAN MONITORING AND INVESTIGATION

Division 1--Introduction

486. Simplified outline of this Part

Division 2--Issue of warrants

Subdivision A--Ordinary issue of warrants

487. Warrants this Subdivision applies to
488. Application and issue of warrant
489. Test to be met for issue of warrant
490. Content of warrant

Subdivision B--Issue of certain warrants by telephone, fax etc.

491. Application of this Subdivision to certain warrants
492. Issue of certain warrants by telephone, fax etc.
493. Authority of warrant
494. Fault - based offence relating to warrants by telephone, fax etc.

Division 3--Executing warrants relating to aircraft or vessels

495. Executing warrants relating to aircraft or vessels

PART 4--GENERAL--RULES ABOUT ENTRY TO PREMISES UNDER A WARRANT OR CONSENT

Division 1--Introduction

496. Simplified outline of this Part

Division 2--Entering adjacent premises to gain access to other premises

497. Meaning of premises
498. Entering adjacent premises to gain access to other premises
499. Entry under adjacent premises warrants

Division 3--Obligations and powers of biosecurity enforcement officers

Subdivision A--Obligations relating to consent

500. Consent

Subdivision B--Obligations and powers relating to warrants

501. Warrants this Subdivision applies to
502. Announcement before execution of warrant
503. Biosecurity enforcement officer to be in possession of warrant
504. Details of warrant etc. to be provided
505. Use of force in executing a warrant

Division 4--Appropriate person's rights and responsibilities relating to warrants

506. Warrants this Division applies to
507. Appropriate person's right to observe execution of warrant
508. Appropriate person to provide facilities and assistance

PART 5--ENTERING--AND EXERCISING POWERS ON PREMISES WITHOUT A WARRANT OR CONSENT

Division 1--Introduction

509. Simplified outline of this Part

Division 2--Monitoring and searching relevant premises

510. Meaning of relevant premises
511. Monitoring relevant premises
512. Offence - related searches and seizures

Division 3--Powers, rights and responsibilities relating to entry

Subdivision A--Application of this Division

513. Application of this Division

Subdivision B--Obligations and powers of biosecurity enforcement officers in entering premises

514. Announcement before entry
515. Use of force in entering premises

Subdivision C--Appropriate person's rights and responsibilities on entry

516. Appropriate person is entitled to observe exercise of powers
517. Appropriate person to provide officers etc. with facilities and assistance

PART 6--CIVIL--PENALTIES

Division 1--Introduction

518. Simplified outline of this Part

Division 2--Civil penalties under Part 4 of the Regulatory Powers Act

519. Basic operation of civil penalties under Part 4 of the Regulatory Powers Act
520. Modifications of Part 4 of the Regulatory Powers Act

Division 3--Civil penalties for executive officers of bodies corporate

521. Civil penalties for executive officers of bodies corporate

PART 7--INFRINGEMENT--NOTICES

Division 1--Introduction

522. Simplified outline of this Part

Division 2--Infringement notices under Part 5 of the Regulatory Powers Act

523. Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act
524. Modifications of Part 5 of the Regulatory Powers Act
524A. Director of Biosecurity may determine list of goods for purposes of infringement notices

PART 8--ENFORCEABLE--UNDERTAKINGS

Division 1--Introduction

525. Simplified outline of this Part

Division 2--Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act

526. Enforceable undertakings

PART 9--INJUNCTIONS

Division 1--Introduction

527. Simplified outline of this Part

Division 2--Injunctions under Part 7 of the Regulatory Powers Act

528. Injunctions

PART 10--MISCELLANEOUS

Division 1--Introduction

529. Simplified outline of this Part

Division 2--Fit and proper person test

530. Fit and proper person test

Division 3--Personal information for applications

531. Personal information for applications

Division 4--Civil penalty provisions for false or misleading information or documents

532. Civil penalty provision for false or misleading information
533. Civil penalty provision for false or misleading documents

Division 5--General rules about offences and civil penalty provisions

534. Physical elements of offences
535. Contravening offence and civil penalty provisions

Division 6--Miscellaneous

536. Persons assisting biosecurity officers or biosecurity enforcement officers
537. Powers of issuing officers
538. Judicial review of directions to secure goods or conveyances

CHAPTER 10--Governance and officials

PART 1--INTRODUCTION

539. Simplified outline of this Chapter

PART 2--DIRECTOR--OF BIOSECURITY

540. Director of Biosecurity
541. Functions and powers of Director of Biosecurity
541A. Power to arrange for certain decisions to be made by computer programs
542. Delegation and subdelegation
543. Agriculture Minister may give general directions to Director of Biosecurity

PART 3--DIRECTOR--OF HUMAN BIOSECURITY

544. Director of Human Biosecurity
544A. Delegation of Director's functions or powers relating to human biosecurity control orders

PART 4--BIOSECURITY--OFFICERS AND BIOSECURITY ENFORCEMENT OFFICERS

Division 1--Authorisation

Subdivision A--Authorisation by Director of Biosecurity

545. Authorisation by Director of Biosecurity of persons as biosecurity officers
546. Authorisation by Director of Biosecurity of persons as biosecurity enforcement officers
547. Arrangements for State or Territory officers or employees to be biosecurity officers or biosecurity enforcement officers

Subdivision B--Authorisation by Director of Human Biosecurity

548. Authorisation by Director of Human Biosecurity of persons as biosecurity enforcement officers
549. Arrangements for State or Territory officers or employees to be biosecurity enforcement officers

Division 2--Functions and powers

Subdivision A--General

550. Functions and powers of biosecurity officers
551. Functions and powers of biosecurity enforcement officers
552. Directions to assist persons performing functions etc. under this Act
553. Biosecurity officers and biosecurity enforcement officers may be assisted by animals
554. Carrying out tests on samples
555. Biosecurity officer may direct person in charge of conveyance to permit biosecurity officer to board
556. Powers that may be exercised by biosecurity officer after boarding a conveyance
557. Biosecurity officer may give permission to engage in certain conduct

Subdivision B--Decontamination

558. Decontaminating an individual
559. Direction to individual to be decontaminated
560. Decontaminating clothing and personal effects
561. Other protections in relation to decontamination

PART 5--CHIEF--HUMAN BIOSECURITY OFFICERS AND HUMAN BIOSECURITY OFFICERS

Division 1--Authorisation

562. Authorisation of chief human biosecurity officers
563. Authorisation of human biosecurity officers
564. Arrangements for State or Territory officers or employees to be chief human biosecurity officers or human biosecurity officers

Division 2--Functions and powers

565. Functions and powers of chief human biosecurity officers
566. Functions and powers of human biosecurity officers

PART 6--INSPECTOR---GENERAL OF BIOSECURITY

Division 1--Inspector-General of Biosecurity

566A. Inspector - General of Biosecurity
566B. Term of office
566C. Remuneration
566D. Leave of absence for full - time Inspector - General
566E. Engaging in other paid employment
566F. Other terms and conditions
566G. Resignation
566H. Termination of appointment
566J. Acting appointments

Division 2--Reviews by the Inspector-General

567. Inspector - General may review administration of provisions
568. Inspector - General may require information etc. for review

PART 7--MISCELLANEOUS

569. Identity cards--biosecurity officers etc.
570. Identity cards--human biosecurity officers etc.
571. Offence--failure to return identity card
572. General provisions relating to directions

CHAPTER 11--Miscellaneous

PART 1--REVIEW--OF DECISIONS

Division 1--Introduction

573. Simplified outline of this Part

Division 2--Review of decisions

574. Reviewable decisions
575. Notice of decision
576. Internal review of reviewable decisions
577. Director of Biosecurity may require further information from applicants
578. Review by the Administrative Review Tribunal

PART 2--INFORMATION--MANAGEMENT

Division 1--Introduction

579. Simplified outline of this Part

Division 2--Offences and civil penalties

Subdivision A--Unauthorised use or disclosure of protected information

580. Use or disclosure of protected information

Subdivision B--Other matters

581. Protection from liability etc.

Division 3--Authorised uses and disclosures of relevant information

Subdivision A--Authorised uses and disclosures by entrusted person or other persons

582. Use or disclosure for the purposes of this Act
583. Use or disclosure for the purposes of managing human health risks
584. Disclosure for the purposes of a State or Territory managing risks
585. Disclosure for the purposes of foreign governments etc. managing risks
586. Use or disclosure for the purposes of certain Acts
587. Disclosure to a Commonwealth entity
588. Disclosure to a court, tribunal etc.
589. Disclosure for the purposes of law enforcement
590. Use or disclosure for research, policy development or data analysis
590A. Use or disclosure of statistics
590B. Use or disclosure of publicly available information
590C. Disclosure to person to whom information relates
590D. Use or disclosure with consent
590E. Disclosure to person who provided information

Subdivision B--Authorised uses and disclosures by Director of Biosecurity or Director of Human Biosecurity

590F. Disclosure to State or Territory body
590G. Use or disclosure to manage severe and immediate threats

Subdivision C--Authorised uses and disclosures under regulations

590H. Use or disclosure authorised by regulations

PART 3--COST--RECOVERY

Division 1--Introduction

591. Simplified outline of this Part

Division 2--Fees

592. Fees and other rules for fee - bearing activities

Division 3--Payment of cost-recovery charges

593. Paying cost - recovery charges
594. Notional payments by the Commonwealth

Division 4--Unpaid cost-recovery charges

Subdivision A--General

595. Late payment fee
596. Recovery of cost - recovery charges
597. Suspending or revoking permits etc. because of unpaid cost - recovery charges

Subdivision B--Dealing with goods to recover unpaid cost-recovery charges

598. Creation of charge on goods
599. Effect of charge on goods
600. Biosecurity officer may withhold goods that are subject to charge
601. Moving or interfering with withheld goods
602. When goods stop being withheld
603. Sale of withheld goods

Subdivision C--Dealing with a conveyance to recover unpaid cost-recovery charge

604. Creation of charge on conveyance
605. Effect of charge on conveyance
606. Director of Biosecurity may detain conveyance that is subject to charge
607. Moving or interfering with detained conveyance
608. Release of detained conveyance
609. Sale of detained conveyance

Division 5--Power to sell goods and conveyances

610. Sale of goods and conveyances
611. Dealing with the proceeds of sale

Division 6--Miscellaneous

612. Providing sustenance for animals and plants
613. Agriculture Minister may remit or refund cost - recovery charges
614. Extraterritorial operation of this Part

PART 3A--ARRANGEMENTS--AND GRANTS FOR DEALING WITH RISKS POSED BY DISEASES OR PESTS

614A. Simplified outline of this Part
614B. Arrangements and grants for dealing with risks posed by diseases or pests
614C. Terms and conditions for grants
614D. Additional operation of this Part
614F. Executive power of the Commonwealth
614G. Inclusion of information in annual reports
614H. Delegation

PART 4--EXEMPTIONS--FROM AND MODIFICATIONS OF THIS ACT

Division 1--Introduction

615. Simplified outline of this Part

Division 2--Exemptions from and modifications of this Act

Subdivision A--Exemption and modification by regulation

616. Exemptions from and modifications of this Act
617. Exemptions for Torres Strait Treaty

Subdivision B--Modifications relating to declared movements between parts of Australian territory

618. Modified operation of this Act in relation to declared movements between parts of Australian territory
619. Affected provisions and exit provisions
620. How the affected provisions (except the exit provisions) apply because of this Subdivision
621. Release from biosecurity control if goods leave destination part
622. Release from biosecurity control if aircraft or vessel leaves destination part
623. How the exit provisions apply because of this Subdivision
624. Relationship between this Subdivision and other provisions of this Act

PART 5--MISCELLANEOUS

Division 1--Introduction

625. Simplified outline of this Part

Division 2--Abandoned or forfeited goods and conveyances

626. Abandoned goods
627. Forfeited goods
628. Prohibited goods etc. may be forfeited to the Commonwealth
629. Abandoned conveyances
630. Forfeited conveyances

Division 3--Damaged and destroyed goods etc.

631. Person complying with direction or request must not damage or destroy goods
632. Compensation for damaged goods
633. Compensation for destroyed goods, conveyances or other premises
634. Claims for, and amount of, compensation

Division 4--Miscellaneous

635. Privilege against self - incrimination
636. Offence--hindering compliance with the Act etc.
637. Certificates given by analyst
638. Admission of analyst's certificate in proceedings
639. Power or requirement to do or cause a thing to be done
639A. Clarifying conditionally non - prohibited goods
640. Treatment of partnerships
641. Treatment of unincorporated associations
642. Arrangements with States and Territories to assist in carrying out this Act
643. Delegation of powers by Agriculture Minister
644. Protection from civil proceedings
645. Regulations

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