Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies for the purposes of preventing, or reducing the risk of, a disease or pest that is considered to pose an unacceptable level of biosecurity risk entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.
Note: This Division does not apply in relation to invasive pests (see subsection 25(2)).
(2) The Agriculture Minister may determine one or more requirements for individuals who are entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of this Chapter.
Note: An individual who fails to comply with a requirement may contravene a civil penalty provision (see section 196C).
(3) The determination must specify the disease or pest referred to in subsection (1).
(4) A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
(5) A requirement must not be specified in a determination unless the Agriculture Minister is satisfied that:
(a) the disease or pest poses an unacceptable level of biosecurity risk; and
(b) the requirement is appropriate and adapted to prevent, or reduce the risk of, the disease or pest entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.
Where requirements apply
(6) The determination must specify where the requirements apply.
Kinds of requirements that may be specified
(7) Without limiting subsection (2), the determination may specify:
(a) requirements for all individuals, or classes of individuals; and
(b) requirements in relation to particular diseases or pests or classes of diseases or pests; and
(c) general requirements in relation to all specified diseases or pests; and
(d) requirements relating to the manner in which an individual must comply with a requirement.
(8) Without limiting subsection (2), the determination may specify one or more of the following requirements:
(a) a requirement for an individual to provide a declaration or evidence as to whether the individual has been exposed to goods, conveyances, premises or other things specified in the determination;
(b) a requirement for an individual to provide a declaration or evidence as to where the individual has been before entering Australian territory;
(c) a requirement for an individual to provide a declaration or evidence as to whether the individual has undertaken specified activities during a specified period before entering Australian territory, and, if so, specified details about those activities;
(d) a requirement for an individual to provide a declaration as to the individual's intended destination or destinations in Australian territory during a specified period after entering Australian territory;
(e) a requirement for an individual to provide a declaration as to the individual's intended work (whether paid or unpaid) or occupation during a specified period after entering Australian territory;
(f) a requirement for an individual to be screened (whether by requiring the individual to be screened by equipment, by providing a declaration, or in any other way);
(g) a requirement for an individual to move to a place, at the landing place or port, directed by a biosecurity officer (whether the direction is in relation to the individual or a class that includes the individual) for the purpose of a biosecurity officer assessing the level of biosecurity risk associated with either or both of the following:
(i) the individual;
(ii) any goods the individual is bringing with them into Australian territory at the landing place or port.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Note 2: This section is not subject to the privilege against self - incrimination (see section 635).
Consultations before making determination
(9) Before making a determination, the Agriculture Minister must consult with:
(a) the Director of Biosecurity; and
(b) the Director of Human Biosecurity; and
(c) the head (however described) of the State or Territory body that is responsible for the administration of matters relating to biosecurity in each State and Territory.
(10) A failure by the Agriculture Minister to comply with subsection (9) does not affect the validity of the determination.