Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"acceptable ballast water exchange" has the meaning given by section 275.
"accompanying person" for a child or incapable person means:
(a) a parent, guardian or next of kin of the child or incapable person; or
(b) a person authorised by a parent, guardian or next of kin of the child or incapable person under section 39.
"acquisition of property" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"adjacent premises warrant" means a warrant issued as a result of the test in item 5 of the table in section 489 being met.
"Administration" of a vessel has the same meaning as in the Ballast Water Convention.
"affected provisions" has the meaning given by subsection 618(1).
"Agriculture Department" means the Department administered by the Agriculture Minister.
"Agriculture Minister" means the Minister administering the Primary Industries Levies and Charges Collection Act 1991 .
"Agriculture Secretary" means the Secretary of the Agriculture Department.
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface.
Note: A reference to an aircraft does not include a reference to an aircraft brought or imported into Australian territory from outside Australian territory on board another conveyance until the aircraft is released from biosecurity control (see subsection 16(3)).
"ALOP" (short for Appropriate Level of Protection) has the meaning given by section 5.
"animal" includes a dead animal and any part of an animal, but does not include a human or a part of a human, whether the human is dead or alive.
"appropriate ballast water records" has the meaning given by section 295.
"appropriate person" means:
(a) for premises to which an entry warrant or a premises possession warrant relates, or premises entered under a provision referred to in section 513--the occupier of the premises, or another person who apparently represents the occupier; or
(b) for a conveyance to which a conveyance possession warrant relates--the person responsible for the conveyance, or another person who apparently represents the person responsible for the conveyance.
Note: If an entry warrant relates to a conveyance, the appropriate person is the person occupying the conveyance, or another person who apparently represents that person (see paragraph (a) of the definition of premises in this section).
"approved arrangement" has the meaning given by section 10.
"associate" of a person has a meaning affected by section 11.
"Australian law" means a law of the Commonwealth, or of a State or Territory.
"Australian seas" means:
(a) for Australian vessels and foreign vessels whose Administration is a party to the Ballast Water Convention--the waters (including the internal waters of Australia) that are within the outer limits of the exclusive economic zone of Australia; or
(b) for all other foreign vessels--the Australian territorial seas.
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
"Australian territorial seas" means the waters (including the internal waters of Australia) within the outer limits of the territorial sea of Australia (including every external Territory).
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
"Australian territory" has the meaning given by section 12.
"Australian vessel" means a vessel that:
(a) has Australian nationality under section 29 of the Shipping Registration Act 1981 ; or
(b) is a vessel whose Administration is the Commonwealth.
"baggage" means goods:
(a) that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance); or
(b) that a person intended to be so carried.
"ballast water" has the same meaning as Ballast Water has in the Ballast Water Convention.
Note: Chapter 5 (ballast water) does not generally apply to permanent ballast water in sealed tanks (see section 263).
"Ballast Water Convention" means the International Convention for the Control and Management of Ships' Ballast Water and Sediments, done at London on 13 February 2004, as in force from time to time.
Note 1: The Ballast Water Convention includes the Annex to the Ballast Water Convention.
Note 2: The Convention could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"ballast water exchange" means a process involving:
(a) the discharge of ballast water from a tank on a vessel; and
(b) the uptake of water into the tank simultaneously with, or immediately after, the discharge.
"ballast water management" has the same meaning as Ballast Water Management has in the Ballast Water Convention.
"ballast water management certificate" has the meaning given by section 288.
"ballast water management plan" has the meaning given by section 286.
"ballast water operation" means:
(a) taking up ballast water into a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(b) discharging ballast water from a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(c) treating or circulating ballast water on a vessel for the purposes of ballast water management.
"ballast water reception facility" means a facility (including a vessel) for receiving ballast water from vessels for treatment or disposal.
"ballast water record system" for a vessel means a system for making and keeping records about the vessel's ballast water and ballast water operations.
"Biodiversity Convention" means the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1993 No. 32 ([1993] ATS 32) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"biosecurity activities" , in relation to an approved arrangement, has the meaning given by section 405.
"biosecurity activity zone" has the meaning given by subsection 395(1).
"biosecurity activity zone determination" means a determination made under subsection 395(1).
"biosecurity control notice" , in relation to goods that are subject to biosecurity control or a conveyance that is subject to biosecurity control, means a notice in the form approved by the Director of Biosecurity that states that the goods or conveyance is subject to biosecurity control.
Note: See sections 129 and 203.
"biosecurity control order" means an order made under section 353.
"biosecurity control order warrant" means a warrant issued as a result of the test in item 2 of the table in section 489 being met.
"biosecurity emergency" means a biosecurity emergency that is declared to exist under subsection 443(1).
"biosecurity emergency declaration" means a declaration made under subsection 443(1).
"biosecurity emergency period" means the period specified under paragraph 443(3)(c) in a biosecurity emergency declaration as the period during which the declaration is in force.
"biosecurity enforcement officer" means a person who is authorised under section 546 or 548 to be a biosecurity enforcement officer under this Act.
"biosecurity entry point" has the meaning given by section 13.
"biosecurity industry participant" has the meaning given by section 14.
"biosecurity measures" means measures to manage any of the following:
(a) biosecurity risks;
(b) the risk of contagion of a listed human disease;
(c) the risk of listed human diseases:
(i) entering Australian territory or a part of Australian territory; or
(ii) emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;
(d) biosecurity emergencies and human biosecurity emergencies.
"biosecurity monitoring zone" means:
(a) a permanent biosecurity monitoring zone; or
(b) a temporary biosecurity monitoring zone.
"biosecurity monitoring zone warrant" means a warrant issued as a result of the test in item 4 of the table in section 489 being met.
"biosecurity officer" means a person who is authorised under section 545 to be a biosecurity officer under this Act.
"biosecurity official" means any of the following:
(a) a biosecurity officer;
(b) a biosecurity enforcement officer;
(c) the Director of Biosecurity.
"biosecurity response zone" has the meaning given by subsection 365(1).
Note: An area may be determined to be a biosecurity response zone under Part 5 of Chapter 6 during a biosecurity emergency period (see section 465).
"biosecurity response zone determination" means a determination made under subsection 365(1).
"biosecurity response zone warrant" means a warrant issued as a result of the test in item 3 of the table in section 489 being met.
"biosecurity risk" means (except as provided by section 310 or 614B):
(a) the likelihood of a disease or pest:
(i) entering Australian territory or a part of Australian territory; or
(ii) establishing itself or spreading in Australian territory or a part of Australian territory; and
(b) the potential for any of the following:
(i) the disease or pest to cause harm to human, animal or plant health;
(ii) the disease or pest to cause harm to the environment;
(iii) economic consequences associated with the entry, establishment or spread of the disease or pest.
Note: Section 310 provides a modified meaning of biosecurity risk in relation to Chapter 6 (managing biosecurity risks: monitoring, control and response) and section 614B applies this modified meaning in relation to Part 3A of Chapter 11 (arrangements and grants for dealing with risks posed by diseases or pests).
"biosecurity risk assessment warrant" means a warrant issued as a result of the test in item 1 of the table in section 489 being met.
"biosecurity worker" has the meaning given by section 14A.
"BIRA" (short for Biosecurity Import Risk Analysis) has the meaning given by section 166.
"chief human biosecurity officer" for a State or Territory means a person who is authorised under section 562 to be a chief human biosecurity officer for the State or Territory.
"child or incapable person" means:
(a) a person who is less than 18 years old; or
(b) a person who is at least 18 years old and either:
(i) is incapable (whether permanently or temporarily) of understanding the general nature and effect of, and purposes of carrying out, a biosecurity measure; or
(ii) is incapable (whether permanently or temporarily) of indicating whether he or she consents or does not consent to a biosecurity measure.
"Christmas Island" means the Territory of Christmas Island.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"coastal sea" of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901 .
"Cocos (Keeling) Islands" means the Territory of Cocos (Keeling) Islands.
"Commonwealth body" includes a Department of State, or an authority or agency, of the Commonwealth.
"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"competent authority" has the meaning given by the International Health Regulations.
"conceal" goods has a meaning affected by subsection 186A(2).
"conditionally non-prohibited goods" has the meaning given by subsection 174(2).
"constitutional trade and commerce" means the following:
(a) trade or commerce between Australia and places outside Australia;
(b) trade or commerce among the States;
(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.
"conveyance" has the meaning given by section 16.
"conveyance possession warrant" means a warrant issued as a result of the test in item 6 of the table in section 489 being met.
"cost-recovery charge" means:
(a) a fee prescribed by regulations made for the purposes of subsection 592(1) for a fee - bearing activity; or
(b) a charge imposed by:
(i) the Biosecurity Charges Imposition (Customs) Act 2015 ; or
(ii) the Biosecurity Charges Imposition (Excise) Act 2015 ; or
(iii) the Biosecurity Charges Imposition (General) Act 2015 ; or
(c) a late payment fee relating to a fee or charge described in paragraph (a) or (b).
Note: The references in paragraph (b) to the Biosecurity Charges Imposition (Customs) Act 2015 , the Biosecurity Charges Imposition (Excise) Act 2015 and the Biosecurity Charges Imposition (General) Act 2015 include references to those Acts before their short titles were amended from the Quarantine Charges (Imposition--Customs) Act 2014 , the Quarantine Charges (Imposition--Excise) Act 2014 and the Quarantine Charges (Imposition--General) Act 2014 respectively (see section 10 of the Acts Interpretation Act 1901 ).
"covered by" , in relation to an approved arrangement, has the meaning given by section 14.
"damage" , in relation to data, includes damage by erasure of data or addition of other data.
"declaration disease or pest" , in relation to a biosecurity emergency declaration and a biosecurity emergency period, means the disease or pest specified under paragraph 443(3)(a) in the biosecurity emergency declaration that specifies the biosecurity emergency period.
"declaration listed human disease" , in relation to a human biosecurity emergency declaration and a human biosecurity emergency period, means the listed human disease specified under paragraph 475(3)(a) in the human biosecurity emergency declaration that specifies the human biosecurity emergency period.
"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .
"de-identified" , in relation to personal information, has the same meaning as in the Privacy Act 1988 .
"destination part" of Australian territory has the meaning given by subsection 618(2).
"Director of Biosecurity" means the Director of Biosecurity referred to in section 540.
"Director of Human Biosecurity" means the Director of Human Biosecurity referred to in subsection 544(1).
"disease" means:
(a) the signs or symptoms of an illness or infection caused by a disease agent; or
(b) a collection of signs or symptoms that is clinically defined, for which the causal agent is unknown; or
(c) a disease agent that has the potential to cause, either directly or indirectly, an illness or infection.
"disease agent" includes, but is not limited to, a microorganism, an infectious agent and a parasite.
"enactment" means:
(a) an Act of the Commonwealth, a State or a Territory; or
(b) an instrument (including rules, regulations and by - laws) made under an Act of the Commonwealth, a State or a Territory.
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
"entrusted person" means any of the following:
(a) the Agriculture Minister or the Health Minister;
(b) the Agriculture Secretary or the Health Secretary;
(c) the Director of Biosecurity or the Director of Human Biosecurity;
(d) an APS employee in the Agriculture Department or the Health Department;
(e) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Agriculture Department or the Health Department;
(f) any other person who is:
(i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
(ii) in a class of persons prescribed by regulations made for the purposes of this subparagraph.
"entry warrant" means any of the following warrants authorising entry to premises:
(a) a biosecurity risk assessment warrant;
(b) a biosecurity control order warrant;
(c) a biosecurity response zone warrant;
(d) a biosecurity monitoring zone warrant;
(e) an adjacent premises warrant.
"environment" includes:
(a) ecosystems and their constituent parts; and
(b) natural and physical resources.
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"exit provisions" has the meaning given by subsection 619(2).
"exposed conveyance" means an exposed conveyance within the meaning of subsection 192(2) or (3).
"exposed goods" has the meaning given by subsection 158(3).
"exposed goods order" means an order made under subsection 159(3).
"exposed to" has the meaning given by section 17.
"Federal Court" means the Federal Court of Australia.
"fee-bearing activities" has the meaning given by subsection 592(1).
"first point of entry" has the meaning given by section 18.
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"foreign vessel" means a vessel that is not an Australian vessel.
"goods" has the meaning given by section 19.
"harbour" means a natural or artificial harbour, and includes:
(a) a navigable estuary, river, creek or channel; and
(b) a haven, roadstead, dock, pier or jetty; and
(c) any other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
"Health Department" means the Department administered by the Health Minister.
"Health Minister" means the Minister administering the National Health Act 1953 .
"Health Secretary" means the Secretary of the Health Department.
"high-value conveyance" means a conveyance of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.
"high-value goods" means goods of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.
"human biosecurity control order" means an order imposed on an individual under section 60.
"human biosecurity emergency" means a human biosecurity emergency that is declared to exist under subsection 475(1).
"human biosecurity emergency declaration" means a declaration made under subsection 475(1).
"human biosecurity emergency period" means the period specified under paragraph 475(3)(c) in a human biosecurity emergency declaration as the period during which the declaration is in force.
"human biosecurity officer" means a person who is authorised under section 563 to be a human biosecurity officer under this Act.
"human disease" means a disease that has the potential:
(a) to enter Australian territory or a part of Australian territory, or to emerge, establish itself or spread in Australian territory or a part of Australian territory; and
(b) to cause harm to human health.
"human health response zone" has the meaning given by section 113.
"human health risk" means:
(a) the likelihood of a disease or pest:
(i) entering Australian territory or a part of Australian territory; or
(ii) emerging, establishing itself or spreading in Australian territory or a part of Australian territory; and
(b) the potential for either of the following:
(i) the disease or pest to cause harm to human health;
(ii) economic consequences associated with the entry, emergence, establishment or spread of the disease or pest, to the extent that the disease or pest has the potential to cause harm to human health.
"human remains" means the remains of all or any part of a deceased human's body, but does not include:
(a) the cremated remains of a deceased human's body; or
(b) hair, teeth or bones of a deceased human's body that have been separated from the deceased human's body or a part of the deceased human's body.
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
"IMO guidelines" means guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization, as in force from time to time.
Note: The text of guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization could in 2017 be accessed through the International Maritime Organization's website (http://www.imo.org).
"import" , in relation to goods, does not include unloading the goods for temporary purposes only (for example, to unload other goods).
"incoming aircraft or vessel" means an aircraft or vessel:
(a) that has entered Australian territory during a flight or voyage that commenced outside Australian territory; and
(b) that intends to arrive, or has arrived, at a landing place or port in Australian territory in accordance with Part 4 of Chapter 4 (managing biosecurity risks: conveyances).
"incoming passenger aircraft or vessel" means an incoming aircraft or vessel that is a passenger aircraft or a passenger vessel.
"Inspector-General" means the Inspector - General of Biosecurity appointed under section 566A.
"installation" has the meaning given by section 20.
"internal waters of Australia" has the same meaning as in section 10 of the Seas and Submerged Lands Act 1973 and, to avoid doubt, includes waters within the limits of a State.
"International Health Regulations" means the International Health Regulations (2005), done at Geneva on 23 May 2005, as in force for Australia from time to time.
Note: The Regulations are in Australian Treaty Series 2007 No. 29 ([2007] ATS 29) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"international mail centre" means a place approved by the Comptroller - General of Customs (within the meaning of the Customs Act 1901 ) in an instrument under subsection 183UA(2) of that Act.
"invasive pest" means a pest that:
(a) is an alien species (within the meaning of the Biodiversity Convention); but
(b) is not capable of:
(i) infesting humans, animals or plants; or
(ii) acting as a vector for a disease; or
(iii) causing disease in any other way.
"investigation warrant" means:
(a) a warrant issued under section 70 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1); or
(b) a warrant signed by an issuing officer under section 71 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1).
"isolation measure" means the biosecurity measure included in a human biosecurity control order under section 97.
"issuing officer" means:
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
Note: For conferral of powers on an issuing officer, see section 537.
"just terms" has the same meaning as in paragraph 51(xxxi) of the Constitution.
"landing place" , in relation to an aircraft, means any place where the aircraft can land, including:
(a) an area of land or water; and
(b) an area on a building or a vessel.
"late payment fee" has the meaning given by section 595.
"listed human disease" has the meaning given by section 42.
"managed for discharge" , in relation to ballast water, has the meaning given by sections 272 and 275.
"medical facility" includes a facility (whether permanent or temporary) where medical assessments of individuals are conducted.
"monitoring warrant" means a warrant issued under section 32 of the Regulatory Powers Act as it applies in relation to this Act.
"National Focal Point" has the meaning given by section 9 of the National Health Security Act 2007 .
"national response agency" means:
(a) the Agriculture Department and all biosecurity officers and biosecurity enforcement officers; or
(b) a body declared under section 452 to be a national response agency.
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"offshore terminal" has the same meaning as in the Ballast Water Convention.
"operator" of a conveyance has the meaning given by section 21.
"origin part" of Australian territory has the meaning given by subsection 618(2).
"outgoing aircraft or vessel" means an aircraft or vessel that intends to leave Australian territory from a landing place or port in Australian territory.
"outgoing passenger aircraft or vessel" means an outgoing aircraft or vessel that is a passenger aircraft or a passenger vessel.
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"passenger" of an aircraft or vessel means a person who is lawfully entitled to be on board the aircraft or vessel, other than a person who is on board the aircraft or vessel for the purpose of performing functions as the person in charge or as a member of the crew of the aircraft or vessel.
"passenger aircraft" means an aircraft that has the capacity to carry 6 or more passengers.
"passenger vessel" means a vessel that has the capacity to carry 12 or more passengers.
"permanent biosecurity monitoring zone" has the meaning given by section 378.
"permissible distance" means 400 metres or such greater distance as is prescribed by regulations for the purposes of this definition.
"personal information" has the same meaning as in the Privacy Act 1988 .
"person assisting" has the meaning given by section 536.
"person in charge" has the meaning given by section 22.
"person responsible for a conveyance" means:
(a) the owner of the conveyance; or
(b) the person in charge of the conveyance; or
(c) the operator of the conveyance.
"pest" means a species, strain or biotype of a plant or animal, or a disease agent, that has the potential to cause, either directly or indirectly, harm to:
(a) human, animal or plant health; or
(b) the environment.
Note: For the application of this Act in relation to pests, see sections 25 and 26.
"plant" includes a dead plant and any part of a plant.
"port" includes a harbour.
"possession warrant" means a premises possession warrant or a conveyance possession warrant authorising the taking of possession of premises or a conveyance.
"PPSA security interest" means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest );
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest , see section 308 of the Personal Property Securities Act 2009 .
"premises" includes the following:
(a) a structure, building or conveyance;
(b) a place (whether or not enclosed or built on), including a place situated underground or under water;
(c) a part of a thing referred to in paragraph (a) or (b).
Note: Premises does not include a conveyance in certain parts of this Act (see sections 252, 472 and 497).
"premises possession warrant" means a warrant issued as a result of the test in item 7 of the table in section 489 being met.
"prescribed contact information" means:
(a) in relation to section 47--the contact information prescribed by the regulations for the purposes of that section; and
(b) in relation to section 69--the contact information prescribed by the regulations for the purposes of that section; and
(c) in relation to section 85--the contact information prescribed by the regulations for the purposes of that section.
"prescribed quarantine signal" means the signal prescribed for the purposes of subsection 221(2).
"prohibited goods" has the meaning given by subsection 173(2).
"protected information" means information of any of the following kinds obtained or generated by a person:
(a) sensitive information (within the meaning of the Privacy Act 1988 );
(b) information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;
(d) information the disclosure of which could reasonably be expected to prejudice the protection of public safety, human health or the environment;
(e) information the disclosure of which could reasonably be expected to prejudice the security, defence or international relations of Australia;
(f) information of a kind prescribed by regulations made for the purposes of this paragraph.
"protected person" has the meaning given by subsection 644(6).
"protected zone" has the meaning given by section 617.
"protected zone area" has the meaning given by section 617.
"protected zone vessel" has the meaning given by section 617.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related provision" means the following:
(a) a provision of this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 ) that creates an offence;
(b) a civil penalty provision of this Act;
(c) a provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 ) and creates an offence.
"release from biosecurity control" :
(a) in relation to goods that are subject to biosecurity control--means release from biosecurity control under section 162; and
(b) in relation to a conveyance that is subject to biosecurity control--means release from biosecurity control under section 218.
"relevant court" means:
(a) the Federal Court; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
"relevant Director" , in relation to an approved arrangement or a proposed approved arrangement, means:
(a) if the arrangement provides for biosecurity activities to be carried out relating only to human health risks--the Director of Human Biosecurity; or
(b) in any other case--the Director of Biosecurity.
"relevant information" means information obtained or generated by a person in the course of or for the purposes of:
(a) performing functions or duties, or exercising powers, under this Act; or
(b) assisting another person to perform functions or duties, or exercise powers, under this Act.
"relevant person" for a reviewable decision means:
(a) for a reviewable decision referred to in column 1 of the table in subsection 574(1)--the person referred to in column 3 of that table in relation to that decision; and
(b) for a reviewable decision prescribed under regulations or a determination made for the purposes of subsection 574(2)--the person specified by the regulations or determination as the relevant person for that decision.
"relevant premises" has the meaning given by section 510.
"reportable biosecurity incident" :
(a) in relation to goods that are subject to biosecurity control--means an act, omission or event that is determined to be a reportable biosecurity incident under section 154; and
(b) in relation to an approved arrangement--has the meaning given by subsection 431(1).
"reviewable decision" has the meaning given by subsections 574(1) and (2).
"sanitation health risk" has the meaning prescribed for the purposes of paragraph 255(1)(a).
"sediment" has the same meaning as Sediments has in the Ballast Water Convention.
"sediment reception facility" means:
(a) for an Australian vessel that is not in Australian seas--a facility for receiving sediment from vessels for treatment or disposal in accordance with IMO guidelines; or
(b) otherwise--a facility in Australian territory for receiving sediment from vessels for treatment or disposal in a way authorised under:
(i) a law of the Commonwealth; or
(ii) if the facility is in a State or Territory--a law of the State or Territory.
"ship's pilot" , in relation to a vessel, means a person who does not belong to, but has the conduct of, the vessel.
"SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures set out in Annex 1A to the World Trade Organization Agreement, as in force for Australia from time to time.
"State or Territory body" includes a Department of State, or an authority or agency, of a State or Territory.
"subject to biosecurity control" :
(a) in relation to goods--means subject to biosecurity control because of subsection 119(2) or (4); and
(b) in relation to a conveyance--means subject to biosecurity control because of subsection 191(2) or (4) or 192(2), (3) or (5).
"survey authority" means a person authorised by the Director of Biosecurity under section 290A to be a survey authority.
"suspended goods" has the meaning given by subsection 182(2).
"tank" includes space or compartment.
"temporary biosecurity monitoring zone" has the meaning given by subsection 384(1).
"temporary biosecurity monitoring zone determination" means a determination made under subsection 384(1).
"this Act" includes:
(a) instruments made under this Act; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
"Torres Strait Treaty" has the meaning given by section 617.
"traditional activities" has the meaning given by section 617.
"traditional inhabitant" has the meaning given by section 617.
"traveller movement measure" means the biosecurity measure included in a human biosecurity control order under section 96.
"unduly detained or delayed" has the same meaning as in the Ballast Water Convention.
"United Nations Convention on the Law of the Sea" means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"vector" means an arthropod or other living carrier that transports an infectious agent from an infected plant or animal to an individual.
"vessel" :
(a) means any kind of vessel used in navigation by water, however propelled or moved, including the following:
(i) a barge, lighter or other floating craft;
(ii) an air - cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and
(b) includes:
(i) an installation; and
(ii) any floating structure.
Note: A reference (except in Chapter 5 (ballast water and sediment) and any related provision) to a vessel does not include a reference to a vessel brought or imported into Australian territory from outside Australian territory on board another conveyance until the vessel is released from biosecurity control (see subsection 16(4)).
"warrant" means:
(a) a warrant issued under section 488; or
(b) a warrant signed by an issuing officer under section 492; or
(c) an investigation warrant; or
(d) a monitoring warrant.
"World Trade Organization Agreement" means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Note: The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(2) Before the Governor - General makes regulations for the purposes of paragraph (f) of the definition of protected information in subsection (1) to prescribe a kind of information, the Agriculture Minister or the Health Minister must be satisfied that disclosure of that kind of information would or could reasonably be expected to:
(a) prejudice the effective working of the Agriculture Department or the Health Department; or
(b) otherwise harm the public interest.