Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 618

  (1)   The provisions (the affected provisions ) of this Act listed in section   619 apply as described in sections   620 and 623 in relation to an actual or intended movement (however described) of a person, goods or a conveyance that has been declared under subsection   (2) as a movement that this Subdivision applies to.

Note 1:   Section   620 describes how the affected provisions except the exit provisions apply in relation to such a movement, while section   623 describes how the exit provisions apply in relation to such a movement.

Note 2:   A variety of terms are used in this Act to refer to movement of persons, goods and conveyances. Some of those terms are as follows:

(a)   entering Australian territory;

(b)   arriving in Australian territory;

(c)   leaving Australian territory;

(d)   import;

(e)   bringing goods into Australian territory;

(f)   flight;

(g)   voyage;

(h)   journey.

Declaration of movements this Subdivision applies to

  (2)   The Director of Biosecurity and the Director of Human Biosecurity may jointly declare that this Subdivision applies to movements that:

  (a)   are of one or more of the following:

  (i)   any person, or a person in a specified class;

  (ii)   any goods, or goods in a specified class;

  (iii)   any conveyance, or a conveyance in a specified class; and

  (b)   are from a part (the origin part ) of Australian territory specified in accordance with paragraph   (4)(a); and

  (c)   are to another part (the destination part ) of Australian territory specified in accordance with paragraph   (4)(b).

  (3)   Before making a declaration under subsection   (2) relating to movements, the Director of Biosecurity and the Director of Human Biosecurity must be satisfied that:

  (a)   there is an unacceptable level of biosecurity risk associated with the movements if they are not regulated; and

  (b)   the application of the affected provisions under this Subdivision because of the proposed declaration is appropriate and adapted to managing biosecurity risks associated with the movements.

Specifying origin part and destination part   in declaration

  (4)   A declaration may specify:

  (a)   a part of Australian territory described in column 1 of an item of the following table as the origin part for a movement; and

  (b)   another part of Australian territory described in column 2 of the item as the destination part for the movement.

Note:   The references in the table to Christmas Island and Cocos (Keeling) Islands include the coastal sea of the relevant islands and the airspace above that coastal sea (see section   15B of the Acts Interpretation Act 1901 ).

  (5)   Before specifying parts of Australian territory described in item   7 of the table in subsection   (4) as the origin part and the destination part, the Director of Biosecurity and the Director of Human Biosecurity must be satisfied that:

  (a)   the origin part and the destination part do not overlap; and

  (b)   persons, goods or conveyances cannot be moved from the origin part to the destination part by land.

  (6)   To avoid doubt, the same part of Australian territory may be specified in declarations of different movements as:

  (a)   the origin part for a movement from that part to another part of Australian territory; and

  (b)   the destination part for a movement to that part from another part of Australian territory.

Declaration is a legislative instrument but not subject to disallowance

  (7)   A declaration made under subsection   (2) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.