Biosecurity Act 2015

No. 61, 2015

Compilation No. 15

Compilation date: 5 June 2023

Includes amendments up to: Act No. 76, 2022

Registered: 8 June 2023

About this compilation

This compilation

This is a compilation of the Biosecurity Act 2015 that shows the text of the law as amended and in force on 5 June 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

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—AAT review of isolation and traveller movement measures

75 Obligation on Director of Human Biosecurity relating to Administrative Appeals Tribunal application

76 Applications

77 Reasons and documents

78 Time period for making a decision

79 Limitation on Administrative Appeals 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 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 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 Appeals 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

614E Relationship of this Part with other Acts

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

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act relating to diseases and pests that may cause harm to human, animal or plant health or the environment, and for related purposes

Chapter 1—Preliminary

Part 1—Preliminary

1  Short title

  This Act may be cited as the Biosecurity Act 2015.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Simplified outline of this Act

4  Objects of this Act

  The objects of this Act are the following:

 (a) to provide for managing the following:

 (i) biosecurity risks;

 (ii) the risk of contagion of a listed human disease or any other infectious human disease;

 (iii) the risk of listed human diseases or any other infectious human diseases entering Australian territory or a part of Australian territory, or emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;

 (iv) risks related to ballast water;

 (v) biosecurity emergencies and human biosecurity emergencies;

 (b) to give effect to Australia’s international rights and obligations, including under the International Health Regulations, the SPS Agreement, the Ballast Water Convention, the United Nations Convention on the Law of the Sea and the Biodiversity Convention.

Note: The expression biosecurity risk referred to in subparagraph (a)(i) has different meanings depending on whether it is for the purposes of Chapter 6 (managing biosecurity risks: monitoring, control and response), Part 3A of Chapter 11 (arrangements and grants for dealing with risks posed by diseases or pests) or another part of this Act (see sections 9, 310 and 614B).

5  Appropriate Level of Protection (ALOP) for Australia against biosecurity risks

  The Appropriate Level of Protection (or ALOP) for Australia is a high level of sanitary and phytosanitary protection aimed at reducing biosecurity risks to a very low level, but not to zero.

Note 1: This section is in accordance with Australia’s rights and obligations under the SPS Agreement.

Note 2: The ALOP for Australia must be applied in conducting a BIRA (see subsection 167(2)) or a risk assessment for the purpose of deciding whether particular goods, or a particular class of goods, can be brought or imported into Australian territory (see subsections 173(4), 174(3), 179(1A) and 182(4)).

6  Act binds the Crown

 (1) This Act binds the Crown in each of its capacities.

 (2) This Act does not make the Crown liable to be:

 (a) prosecuted for an offence; or

 (b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or

 (c) given an infringement notice under Part 5 of the Regulatory Powers Act.

7  Extension of Act to Christmas Island, Cocos (Keeling) Islands and other prescribed external Territories

 (1) This Act extends to Christmas Island and the Cocos (Keeling) Islands.

 (2) The regulations may extend this Act or any provisions of this Act, other than Chapter 5 (ballast water), to any other external Territory that is prescribed by the regulations.

Note: Chapter 5 extends to all the external Territories (see section 259).

8  Concurrent operation of State and Territory laws

 (1) This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act (except as referred to in subsection (2)).

 (2) Subsection (1) is subject to the following provisions:

 (a) section 172 (prohibited goods);

 (b) section 265 (ballast water);

 (c) subsections 445(4), 446(4), 477(5) and 478(4) (biosecurity emergencies and human biosecurity emergencies).

 (3) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:

 (a) the law makes an act or omission:

 (i) an offence; or

 (ii) subject to a civil penalty; and

 (b) that (or any similar) act or omission is also:

 (i) an offence against a provision of this Act; or

 (ii) subject to a civil penalty under this Act.

 (4) Subsection (3) applies even if the law of the State or Territory does any one or more of the following, in relation to the offence or civil penalty:

 (a) provides for a penalty that differs from the penalty provided for in this Act;

 (b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;

 (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.

Part 2—Definitions

9  Definitions

 (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.

10  Meaning of approved arrangement

  An approved arrangement is an arrangement for which an approval is in force under paragraph 406(1)(a) (including a varied arrangement for which an approval is in force under that paragraph as it applies because of subsection 412(3)).

11  Meaning of associate

 (1) Associate of a person (the first person) includes each of the following:

 (a) a person who is or was a consultant, adviser, partner, representative on retainer, employer or employee of:

 (i) the first person; or

 (ii) any corporation of which the first person is an officer or employee or in which the first person holds shares;

 (b) a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of the first person;

 (c) a child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of a spouse or de facto partner of the first person;

 (d) any other person not mentioned in paragraph (a), (b) or (c) who is or was:

 (i) directly or indirectly concerned in; or

 (ii) in a position to control or influence the conduct of;

  a business or undertaking of:

 (iii) the first person; or

 (iv) a corporation of which the first person is an officer or employee, or in which the first person holds shares;

 (e) a corporation:

 (i) of which the first person, or any of the other persons mentioned in paragraphs (a), (b), (c) and (d), is an officer or employee; or

 (ii) in which the first person, or any of those other persons, holds shares;

 (f) if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first person.

 (2) Without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person:

 (a) a stepchild or adopted child of the person;

 (b) someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;

 (c) someone is a child of the person within the meaning of the Family Law Act 1975.

 (3) Without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in subsection (2).

 (4) For the purposes of this section, if one person is the child of another person because of the definition of child in subsection (2), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.

12  Meaning of Australian territory

  A reference in a provision of this Act to Australian territory is a reference to:

 (a) Australia, Christmas Island, Cocos (Keeling) Islands and any external Territory to which that provision extends; and

 (b) the airspace over an area covered by paragraph (a); and

 (c) the coastal sea of Australia, of Christmas Island, of Cocos (Keeling) Islands and of any other external Territory to which that provision extends.

Note 1: Under subsection 7(2), the regulations may extend this Act, or any provisions of this Act, to external Territories.

Note 2: The definition of coastal sea of Australia or an external Territory in subsection 15B(4) of the Acts Interpretation Act 1901 includes the airspace over Australia or the external Territory.

13  Meaning of biosecurity entry point

Biosecurity entry point for an aircraft

 (1) A biosecurity entry point for an aircraft that is subject to biosecurity control is an area of a landing place that is designated, under paragraph 224(a), as a biosecurity entry point for that aircraft or a class of aircraft that includes that aircraft.

Biosecurity entry point for a vessel

 (2) A biosecurity entry point for a vessel that is subject to biosecurity control is an area of a port that is designated, under paragraph 230(a), as a biosecurity entry point for that vessel or a class of vessels that includes that vessel.

Biosecurity entry point for goods

 (3) A biosecurity entry point for goods that are subject to biosecurity control, or exposed goods in relation to which a biosecurity control order is in force, is:

 (a) an area of a landing place that is designated, under paragraph 224(b), as a biosecurity entry point for those goods or a class of goods that includes those goods; or

 (b) an area of a port that is designated, under paragraph 230(b), as a biosecurity entry point for those goods or a class of goods that includes those goods.

14  Meaning of biosecurity industry participant and covered by

  A person who is the holder of the approval of an approved arrangement (including a person to whom an approved arrangement has been transferred in the circumstances prescribed by regulations made for the purposes of section 411):

 (a) is a biosecurity industry participant; and

 (b) is covered by the approved arrangement.

Note: If an approved arrangement is revoked under Part 5 of Chapter 7 (approved arrangements), then, for the purposes of this Act, the arrangement ceases to be an approved arrangement and the person who held the approval of the arrangement ceases to be a biosecurity industry participant covered by the arrangement.

14A  Meaning of biosecurity worker

 (1) A biosecurity worker is:

 (a) an APS employee in the Agriculture Department or Health Department; or

 (b) a person who is an employee of an Agency (within the meaning of the Public Service Act 1999) and whose services are made available to the Agriculture Department or Health Department; or

 (c) a person who is:

 (i) engaged as a consultant or contractor to perform services for the Agriculture Department or Health Department; and

 (ii) specified in a determination under subsection (2); or

 (d) a person who is:

 (i) engaged or employed by a person to whom paragraph (c) or this paragraph applies; and

 (ii) performing services for the Agriculture Department or Health Department in connection with that engagement or employment; and

 (iii) specified in a determination under subsection (3).

 (2) The Director of Biosecurity or the Director of Human Biosecurity may, by written determination, specify a person for the purposes of subparagraph (1)(c)(ii).

 (3) The Director of Biosecurity or the Director of Human Biosecurity may, by written determination, specify a person for the purposes of subparagraph (1)(d)(iii).

 (4) A determination under subsection (2) or (3) is not a legislative instrument.

16  Meaning of conveyance

 (1) Conveyance means any of the following:

 (a) an aircraft;

 (b) a vessel;

 (c) a vehicle;

 (d) a train (including railway rolling stock);

 (e) any other means of transport prescribed by the regulations.

 (2) However, a reference in this Act to a conveyance does not include a conveyance while it is goods because of subsection 19(2). This subsection does not apply to a reference in:

 (a) Part 3 of Chapter 11 (cost recovery); or

 (b) another provision of this Act to the extent that it relates to that Part.

Note: Subsection 19(2) provides that a conveyance (the carried conveyance) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods until immediately after the carried conveyance is released from biosecurity control.

 (3) A reference in this Act to an aircraft does not include an aircraft while it is goods because of subsection 19(2).

 (4) A reference in this Act to a vessel does not include a reference to a vessel while it is goods because of subsection 19(2). This subsection does not apply to a reference in:

 (a) Chapter 5 (ballast water and sediment); or

 (b) another provision of this Act to the extent that it relates to that Chapter.

Note: An example of a vessel that is goods because of subsection 19(2) is a lifeboat on another vessel.

17  Meaning of exposed to

 (1) A person or thing is taken to have been exposed to another person or thing if the first‑mentioned person or thing has been, or is likely to have been:

 (a) in physical contact with; or

 (b) in close proximity to; or

 (c) exposed to contamination, infestation or infection from;

the other person or thing.

 (2) In this section:

thing includes goods, a conveyance and premises.

18  Meaning of first point of entry

First point of entry for an aircraft

 (1) A first point of entry for an aircraft that is subject to biosecurity control is a landing place that is determined, under paragraph 223(1)(a), to be a first point of entry for that aircraft or a class of aircraft that includes that aircraft.

First point of entry for a vessel

 (2) A first point of entry for a vessel that is subject to biosecurity control is a port that is determined, under paragraph 229(1)(a), to be a first point of entry for that vessel or a class of vessels that includes that vessel.

First point of entry for goods

 (3) A first point of entry for goods that are subject to biosecurity control, or exposed goods in relation to which an exposed goods order is in force, is:

 (a) a landing place that is determined, under paragraph 223(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods; or

 (b) a port that is determined, under paragraph 229(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods.

19  Meaning of goods

 (1) Goods includes the following:

 (a) an animal;

 (b) a plant (whether moveable or not);

 (c) a sample or specimen of a disease agent;

 (d) a pest;

 (e) mail;

 (f) any other article, substance or thing (including, but not limited to, any kind of moveable property).

 (2) For the purposes of this Act, except Part 3 of Chapter 11 (cost recovery), a conveyance (the carried conveyance) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods from the time the carried conveyance is first intended to be so brought or imported until immediately after the carried conveyance is released from biosecurity control.

Note: Conveyances that would be goods under this subsection include, for example, a lifeboat being carried on a vessel and an aircraft or vehicle brought into Australian territory as cargo on a vessel.

 (3) For the purposes of Parts 1 and 3 of Chapter 3, and any other provision of this Act to the extent that it relates to either of those Parts, the carried conveyance continues to be goods after it is released from biosecurity control.

Note: This ensures that:

(a) a notice or declaration releasing the carried conveyance from biosecurity control can be revoked under section 164; and

(b) provisions of those Parts relating to goods can still be enforced in relation to the carried conveyance after it is released from biosecurity control.

 (4) However, goods does not include:

 (a) ballast water; or

 (b) human remains; or

 (c) except to the extent provided in subsection (2) or (3), a conveyance.

20  Meaning of installation

  An installation is a structure that:

 (a) is able:

 (i) to float or to be floated; and

 (ii) to move, or to be moved, as an entity from one place to another; and

 (b) is, or is to be, used wholly or principally in:

 (i) exploring or exploiting natural resources (such as fish or minerals) with equipment on, or forming part of, the structure; or

 (ii) operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i) of this paragraph; and

 (c) either:

 (i) is attached to, or resting on, the seabed; or

 (ii) is attached semipermanently or permanently to a structure that is attached to, or resting on, the seabed.

Note: An installation is a vessel for the purposes of this Act (see paragraph (b) of the definition of vessel in section 9).

21  Meaning of operator of a conveyance

 (1) Subject to subsection (2), the operator of a conveyance is:

 (a) if there is a body corporate or an unincorporated body responsible for the operation of the conveyance—that body; and

 (b) in any other case—the person in charge of the conveyance.

 (2) In Chapter 5 (ballast water), and any other provision of this Act to the extent that it relates to that Chapter, the operator of a vessel has the same meaning as Company has in the Annex to the Ballast Water Convention.

22  Meaning of person in charge

 (1) Person in charge of goods:

 (a) means:

 (i) the owner of the goods; or

 (ii) a person (other than a biosecurity officer or a biosecurity enforcement officer) who is in possession or control of the goods; and

 (b) includes a biosecurity industry participant who is in possession or control of the goods as authorised by an approved arrangement covering the biosecurity industry participant.

Note: Person in charge of goods does not include a biosecurity industry participant in certain provisions of this Act (see subsections 134(7), 336(6), 626(5) and 628(7)).

 (2) Person in charge of a conveyance means the person in charge or command of the conveyance, but does not include a ship’s pilot.

Note: A conveyance includes an aircraft and a vessel (see subsection 16(1)).

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

 (1) Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.

 (2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.

Quarantine power

 (3) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to quarantine (within the meaning of paragraph 51(ix) of the Constitution).

External affairs power

 (4) This Act has the effect it would have if its operation were expressly confined to give effect to Australia’s rights and obligations under an agreement with one or more countries.

Note: This subsection is subject to section 26 (application of this Act in relation to invasive pests).

 (5) This Act has the effect it would have if its operation were expressly confined to acts or omissions that occur beyond the limits of the States and Territories.

 (6) This Act has the effect it would have if its operation were expressly confined to matters that are of international concern.

Trade and commerce power

 (7) This Act has the effect it would have if its operation were expressly confined to acts or omissions occurring in the course of constitutional trade and commerce.

 (8) This Act has the effect it would have if references to goods and conveyances were expressly confined to references to goods and conveyances involved in constitutional trade and commerce.

Fisheries power

 (9) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, that affects fisheries in Australian waters beyond territorial limits (within the meaning of paragraph 51(x) of the Constitution).

Aliens power

 (10) This Act has the effect it would have if its operation were expressly confined to:

 (a) exercising a power or performing a function that affects an alien (within the meaning of paragraph 51(xix) of the Constitution); or

 (b) conferring a right or imposing an obligation on such an alien.

Corporations power

 (11) This Act has the effect it would have if its operation were expressly confined to:

 (a) exercising a power or performing a function that affects a person that is a corporation to which paragraph 51(xx) of the Constitution applies; or

 (b) conferring a right or imposing an obligation on such a person.

Territories and Commonwealth places power

 (12) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to a person or thing in:

 (a) a Territory; or

 (b) a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).

Postal power

 (13) This Act has the effect it would have if its operation were expressly confined to acts using postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution).

Sickness benefits power

 (14) This Act has the effect it would have if its operation were expressly confined to the provision of sickness and hospital benefits, and medical services (but not so as to authorise any form of civil conscription) (within the meaning of paragraph 51(xxiiiA) of the Constitution).

Census and statistics power

 (15) This Act has the effect it would have if its operation were expressly confined to a requirement to answer a question or provide information (whether in a notice, a report or otherwise) for purposes relating to census and statistics (within the meaning of paragraph 51(xi) of the Constitution).

25  Application of this Act in relation to pests that are quarantine risks or invasive pests

 (1) This Act applies in relation to a pest (subject to subsection (2)) only if:

 (a) the pest is 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; or

 (b) the pest is an invasive pest.

Note: For the application of this Act in relation to invasive pests, see section 26.

 (2) The following provisions of this Act apply only in relation to a pest that is referred to in paragraph (1)(a):

 (a) Division 3A of Part 2 of Chapter 4 (entry requirements: persons entering Australian territory on board conveyances);

 (b) Part 1 of Chapter 8 (biosecurity emergencies).

26  Application of this Act in relation to invasive pests

 (1) This section applies to the extent that:

 (a) a provision of this Act:

 (i) confers a power, function or right; or

 (ii) imposes an obligation;

  in relation to an invasive pest; and

 (b) the provision would (apart from this section) exceed the legislative power of the Commonwealth if Australia were not a party to the Biodiversity Convention.

 (2) The power, function or right is conferred, or the obligation is imposed, only to the extent that the conferral or imposition:

 (a) is for the purpose of preventing the introduction of, or controlling or eradicating, those invasive pests which threaten ecosystems, habitats or species; and

 (b) is reasonably capable of being considered appropriate and adapted to give effect to Australia’s rights and obligations under Article 7 or 8 of the Biodiversity Convention.

 (3) This section limits the effect that this Act has apart from this section.

27  Compensation for acquisition of property

 (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

Note: For the definitions of acquisition of property and just terms, see section 9.

 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

28  Freedom of interstate trade, commerce and intercourse

  A power or function conferred by this Act must not be exercised or performed in such a way as to contravene:

 (a) section 92 of the Constitution (trade and commerce among the States to be free); or

 (b) section 69 of the Australian Capital Territory (Self‑Government) Act 1988; or

 (c) section 49 of the Northern Territory (Self‑Government) Act 1978.

29  Commonwealth not to give preference

  A power or function conferred by this Act must not be exercised or performed in such a way as to give preference to one State or any part of a State in contravention of section 99 of the Constitution.

30  Application of this Act to foreign aircraft and vessels

  This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign aircraft or vessels, in accordance with the United Nations Convention on the Law of the Sea, above or in any of the following:

 (a) the territorial sea of Australia;

 (b) the exclusive economic zone;

 (c) waters of the continental shelf.

Part 4—Principles affecting decisions to exercise certain powers

31  Simplified outline of this Part

32  The principles

 (1) This section applies (subject to subsection (4)) to a biosecurity official who is making a decision to exercise a power in accordance with a provision of this Act referred to in the following table or an instrument in force under such a provision.