Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2015 - SCHEDULE 2

Consequential amendments

 

Archives Act 1983

1   Subsection   3(1) ( paragraph   ( a) of the definition of Commission of inquiry )

After " 1908 ", insert "(as in force immediately before its repeal)" .

2   Paragraph 22(5)(b)

Repeal the paragraph, substitute:

  (b)   the Agriculture Minister (within the meaning of the Biosecurity Act 201 5 ) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and

Australian Postal Corporation Act 1989

3   Section   90E ( paragraph   ( b) of the definition of compliance agency )

Repeal the paragraph, substitute:

  (b)   the Agriculture Department (within the meaning of the Biosecurity Act 201 5 );

Biological Control Act 1984

4   Paragraph 5(2)(a)

Repeal the paragraph, substitute:

  (a)   the Biosecurity Act 201 5 ; or

Customs Act 1901

5   Subsection   4(1) (definition of AQIS )

Repeal the definition .

6   Paragraph 5A(5)(a)

Omit " matters of quarantine", substitute " biosecurity risks ( within the meaning of the Biosecurity Act 201 5 ) " .

7   Paragraph 5A(5)(b)

Omit " for quarantine purposes ", substitute " for purpose s relating to biosecurity risks (within the meaning of the Biosecurity Act 201 5 ) " .

8   Paragraph 5B(5)(a)

Omit "matters of quarantine", substitute "biosecurity risks (within the meaning of the Biosecurity Act 201 5 ) " .

9   Paragraph 5B(5)(b)

Omit "for quarantine purposes", substitute "for purpose s relating to biosecurity risks (within the meaning of the Biosecurity Act 201 5 ) " .

Customs Administration Act 1985

10   After paragraph   16(9)(h)

Insert:

  (ha)   a purpose relating to matters covered by the Biosecurity Act 201 5 ;

Environment Protection and Biodiversity Conservation Act 1999

11   Subsection   303EB(6)

Omit " in accordance with the Quarantine Act 1908 ", substitute " not inconsistent with the Biosecurity Act 201 5 " .

12   Subsection   303EB(11A)

Repeal the subsection , substitute:

  (11A)   Part   2 of the list is taken to include a live plant that is a CITES specimen the introduction of which into Australia is not inconsistent with the Biosecurity Act 201 5 .

13   Paragraph 303GV(1)(b)

Repeal the paragraph, substitute:

  ( b )   the Biosecurity Act 201 5 ;

14   Subsection   303GV(3)

Omit " Quarantine Act 1908 ", substitute " Biosecurity Act 201 5 " .

15   Paragraph 303GW(5)(a)

Omit "Director of Animal and Plant Quarantine", substitute "Director of Biosecurity" .

16   Subsection   303GW (6)

Omit " Quarantine Act 1908 ", substitute " Biosecurity Act 201 5 " .

17   Subsection   303GW (6)

Before "subject to quarantine", insert "subject to biosecurity control under the Biosecurity Act 201 5 or " .

18   Paragraphs 397(3)(c) and (d)

Repeal the paragraphs, substitute:

  (c)   each biosecurity officer (within the meaning of the Biosecurity Act 201 5 ) .

19   Paragraph 524(3)(g)

Repeal the paragraph, substitute:

  (g )   the Biosecurity Act 201 5 ;

20   Section   528

Insert:

"Director of Biosecurity" has the same meaning as in the Biosecurity Act 201 5 .

21   Section   528 (definition of disease )

Repeal the definition .

Fisheries Management Act 1991

22   Paragraph 106D(1)(b)

Omit "safety, public health or quarantine", substitute "safety or public health" .

23   After paragraph   106D(1)(b)

Insert:

  (ba)   the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 201 5 ); or

Freedom of Information Act 1982

24   Subsection   4(1) ( paragraph   ( a) of the definition of Commission of inquiry )

After " 1908 ", insert "(as in force immediately before its repeal)" .

25   Paragraph 13(3)(b)

Repeal th e paragraph, substitute:

  (b)   records of the Commission of inquiry (within the meaning of the Quarantine Act 1908 , as in force immediately before its repeal ) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 201 5 ) ; and

Imported Food Control Act 199 2

26   Paragraph 6(a)

Repeal the paragraph, substitute:

  (a)   the Biosecurity Act 201 5 ; or

Industry Research and Development Act 1986

27   Paragraph 28D(4)(b)

After " contravene ", insert "the Biosecurity Act 201 5 or" .

Maritime Powers Act 2013

28   Paragraph 91(2)(c)

Omit "quarantine," .

29   After paragraph   91(2)(c)

Insert:

  (ca)   the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 201 5 ); or

Maritime Transport and Offshore Facilities Security Act 2003

30   Section   10

Insert:

"biosecurity officer" has the same meaning as in the Biosecurity Act 201 5 .

31   Section   10 (definition of quarantine officer )

Repeal the definition .

32   Paragraph 146(e)

Omit "quarantine officers", substitute "biosecurity officers" .

33   Paragraph 147(1)(e)

Omit "quarantine officer", substitute "biosecurity officer" .

Migration Act 1958

34   S ubparagraph 488(2)(a)(i v )

After "relating to", insert " biosecurity risks (within the meaning of the Biosecurity Act 201 5 ) , " .

35   Paragraph 4 88(2)(d)

Repeal the paragraph, substitute:

  (d)   authorise a biosecurity officer (within the meaning of the Biosecurity Act 201 5 ) to perform for the purposes of a law relating to biosecurity risks (within the meaning of th at Act ), or a law relating to quarantine or health, one or more of those actions; or

National Health Act 1953

36   Subsection   9B(10)

Omit "conferred on the Minister by the Quarantine Act 1908 ", substitute "that may be exercised by the Minister under the Biosecurity Act 201 5 " .

National Health Security Act 2007

37   Subsection   3(1)

Insert:

"Australian territory" has the meaning given by section   12 of the Biosecurity Act 201 5 .

"listed human disease" has the meaning given by section   42 of the Biosecurity Act 201 5 .

38   Subsection   3(1) ( paragraph   ( a) of the definition of public health event of national significance )

After "cases", insert "or potential cases" .

39   At the end of section   8

Add:

  ; (e)   preventing , or reducing the possibility of , a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory;

  (f)   preventing a listed human disease from spreading to another country .

40   Division   6 of Part   2 (heading)

Repeal the heading, substitute:

Division   6 -- Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases

41   Section   13 (heading)

Repeal the heading, substitute:

13   Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases

42   At the end of section   13

Add:

Cases of listed human diseases

  (5)   The Minister may take action under subsection   ( 6) if:

  (a)   a responsible Commonwealth, State or Territory body gives the National Focal Point information relating to one or more cases or potential cases of a listed human disease; or

  (b)   the Minister considers that it is appropriate to take action under subsection   ( 6) for a permissible purpose referred to in paragraph   8(e) or (f) .

  (6)   The Minister may:

  (a)   notify any responsible Commonwealth, State or Territory body that is affected, or might be affected, by the case or potential case of the listed human disease; and

  (b)   give such bodies any relevant information that is available to the Minister in relation to the case or potential case of the listed human disease; and

  (c)   liaise with such bodies in relation to the case or the potential case of the listed human disease .

National Residue Survey (Customs) Levy Act 1998

43   Paragraph 2(2)(b) of Schedule   2

Omit "longest", substitute "longer" .

44   Subparagraph 2(2)(b) (ii) of Schedule   2

Repeal the subparagraph .

45   Paragraph 2(2)(b) of Schedule   5

Omit "longest", substitute "longer" .

46   Subparagraph 2(2)(b)(ii) of Schedule   5

Repeal the subparagraph .

Plant Breeder's Rights Act 1994

47   Subsection   3(1)

Insert:

"biosecurity control order" has the same meaning as in the Biosecurity Act 201 5 .

"biosecurity response zone" has the same meaning as in the Biosecurity Act 201 5 .

"biosecurity response zone determination" has the same meaning as in the Biosecurity Act 201 5 .

"release from biosecurity control" has the same meaning as in the Biosecurity Act 201 5 .

"subject to biosecurity control" has the same meaning as in the Biosecurity Act 201 5 .

48   Subsection   34(7)

Repeal the subsection, substitute:

  (7)   Subsection   ( 6) do es not apply to an applicant if , when the examination fee would become payable apart from this subsection :

  (a)   the plant variety to which the application relates is subject to biosecurity control ; or

  (b)   a biosecurity control order is in force in relation to the plant variety to which the application relates ; or

  (c)   a biosecurity response zone determination is in force and the plant variety to which the application relates is in the biosecurity response zone .

  (8)   If subsection   ( 7 ) applies , the applicant must pay the prescribed examination fee within 12 months after (as the case requires):

  (a)   the plant variety is released from b iosecurity control ; or

  (b)   the biosecurity control order ceases to be in force in relation to the plant variety ; or

  (c)   the biosecurity response zone determination ceases to be in force .

Primary Industries (Customs) Charges Act 1999

49   Paragraph 2(2)(b) of Schedule   3

Omit "longest", substitute "longer" .

50   Subparagraph 2(2)(b)(ii) of Schedule   3

Repeal the subparagraph .

51   Paragraph 2( 3 )(b) of Schedule   12

Omit "longest", substitute "longer" .

52   Subparagraph 2( 3 )(b)(ii) of Schedule   12

Repeal the subparagraph .

Privacy Act 1988

53   Subsection   6(1) ( paragraph   ( a) of the definition of Commission of inquiry )

After " 1908 ", insert "(as in force immediately before its repeal)" .

Torr e s Strait Fisheries Act 1984

54   Paragraph 52D(1)(b)

Omit "safety, public health or quarantine", substitute "safety or public health" .

55   After paragraph   52D(1)(b)

Insert:

  (ba)   the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 201 5 ); or



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback