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Biosecurity Act 2015
In force
Administered by
Department of Agriculture, Fisheries and Forestry
Department of Health and Aged Care
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C2024C00193 (C17)
31 May 2024
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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
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Chapter 2—Managing biosecurity risks: human health
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Part 1—General protections and listing human diseases
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Division 1—Introduction
33 Simplified outline of this Part
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Division 2—Protections
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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
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Division 1—Introduction
43 Simplified outline of this Part
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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
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Division 3—Contact information for operators
47 Requirements for operators to provide 24/7 contact information
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Division 4—Pratique
48 Positive pratique
49 Negative pratique
50 Pre departure reporting
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Division 5—Preventative biosecurity measures
51 Determining preventative biosecurity measures
52 Civil penalty for failing to comply with a preventative biosecurity measure
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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
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Division 1—Introduction
59 Simplified outline of this Part
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Division 2—Imposing human biosecurity control orders on individuals
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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
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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
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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
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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
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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
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Division 3—Biosecurity measures that may be included in a human biosecurity control order
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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
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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
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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
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Division 4—Other provisions relating to human biosecurity control orders
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Subdivision A—Consular assistance
102 Consular assistance
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Subdivision B—Detention
103 Detention
104 Rules relating to detention
105 Release from detention
106 Offence for escaping from detention
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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
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Division 1—Introduction
109 Simplified outline of this Part
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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
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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
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Chapter 3—Managing biosecurity risks: goods
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Part 1—Goods brought into Australian territory
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Division 1—Introduction
117 Simplified outline of this Part
118 Objects of this Part
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Division 2—Goods are subject to biosecurity control
119 Goods brought into Australian territory are subject to biosecurity control
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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
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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
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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
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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
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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
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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
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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
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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
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Part 2—Biosecurity Import Risk Analyses
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Division 1—Introduction
165 Simplified outline of this Part
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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
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Part 3—Prohibited goods etc.
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Division 1—Introduction
171 Simplified outline of this Part
172 Exclusion of State and Territory laws
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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
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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
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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
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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
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Chapter 4—Managing biosecurity risks: conveyances
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Part 1—Introduction
189 Objects of this Chapter
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Part 2—Conveyances entering Australian territory etc.
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Division 1—Introduction
190 Simplified outline of this Part
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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
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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 or travel documents to assess biosecurity risk
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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
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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
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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
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Division 6—Leaving conveyances
217 Person in charge of conveyance may leave conveyance unless directed not to do so
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Division 7—Release of conveyances from biosecurity control
218 When conveyance is released from biosecurity control
219 Notice releasing conveyance from biosecurity control
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Division 8—Miscellaneous
220 Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels
221 Quarantine signal
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Part 3—First points of entry and biosecurity entry points
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Division 1—Introduction
222 Simplified outline of this Part
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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
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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
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Part 4—Entry points for incoming aircraft and vessels
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Division 1—Introduction
235 Simplified outline of this Part
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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
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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
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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
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Part 5—Ship sanitation
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Division 1—Introduction
253 Simplified outline of this Part
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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
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Chapter 5—Ballast water and sediment
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Part 1—Application and interpretation
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Division 1—Introduction
258 Simplified outline of this Part
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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
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Part 2—Notice of discharge of ballast water in Australian territorial seas
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Division 1—Introduction
266 Simplified outline of this Part
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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
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Part 3—Management of discharge of ballast water
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Division 1—Introduction
269 Simplified outline of this Part
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Division 2—Offence of discharging ballast water
270 Offence—discharging ballast water
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Division 3—Exceptions: ballast water management
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Subdivision A—Exception
271 Exception—ballast water has been managed for discharge
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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
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Subdivision C—Ballast water exchange
275 Management by ballast water exchange
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Division 4—Exception: discharge as part of acceptable ballast water exchange
276 Exception—discharge as part of acceptable ballast water exchange
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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
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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
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Division 7—Exception: taking up and discharging ballast water at same place
282 Exception—taking up and discharging ballast water at same place
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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
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Part 4—Ballast water management plans and ballast water management certificates
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Division 1—Introduction
285 Simplified outline of this Part
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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
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Division 2—Ballast water management plans
286 Ballast water management plan
287 Approval of ballast water management plans for vessels
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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
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Division 4—Survey authorities
290A Director of Biosecurity may authorise person to be survey authority
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Part 5—Ballast water records
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Division 1—Introduction
291 Simplified outline of this Part
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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
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Part 6—Offence of disposing of sediment
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Division 1—Introduction
297 Simplified outline of this Part
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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
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Part 7—Compliance and enforcement
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Division 1—Introduction
300 Simplified outline of this Part
300A Purpose and location of exercise of powers
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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
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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.
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Part 8—Miscellaneous
307 Compensation for undue detention or delay of vessel
308 Prescribing matters by reference to other instruments
308A Determination
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Chapter 6—Managing biosecurity risks: monitoring, control and response
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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
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Part 1A—Locating prohibited or suspended goods etc.
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Division 1—Introduction
312A Simplified outline of this Part
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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
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Part 2—Assessment of level of biosecurity risk
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Division 1—Introduction
313 Simplified outline of this Part
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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
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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
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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
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Part 3—Biosecurity measures to manage unacceptable level of biosecurity risk
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Division 1—Introduction
331 Simplified outline of this Part
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Division 2—Powers that may be exercised: general
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Subdivision A—Circumstances in which powers may be exercised
332 Circumstances in which powers set out in this Division may be exercised
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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
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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.
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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
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Division 3—Powers provided by regulations
346 Regulations may provide for other biosecurity measures
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Division 4—Other powers
347 Powers of biosecurity officer if biosecurity measures are required
348 Biosecurity officer may affix notice to goods or premises
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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
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Part 4—Biosecurity control orders
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Division 1—Introduction
352 Simplified outline of this Part
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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
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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
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Division 4—Civil penalty provision
363 Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises
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Part 5—Biosecurity response zones
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Division 1—Introduction
364 Simplified outline of this Part
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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
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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
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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
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Part 6—Biosecurity monitoring zones
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Division 1—Introduction
377 Simplified outline of this Part
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Division 2—Permanent biosecurity monitoring zones
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Subdivision A—Areas that are permanent biosecurity monitoring zones
378 Permanent biosecurity monitoring zones
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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
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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
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Division 3—Temporary biosecurity monitoring zones
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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
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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
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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
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Part 6A—Preventative biosecurity measures
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Division 1—Introduction
393A Simplified outline of this Part
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Division 2—Preventative biosecurity measures
393B Determining preventative biosecurity measures
393C Civil penalty for failing to comply with a preventative biosecurity measure
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Part 7—Biosecurity activity zones
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Division 1—Introduction
394 Simplified outline of this Part
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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
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Division 3—Powers that may be exercised in biosecurity activity zones
399 Powers that may be exercised
400 Use of force
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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
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Chapter 7—Approved arrangements
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Part 1—Introduction
404 Simplified outline of this Chapter
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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
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Part 3—Variation of approved arrangement
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Division 1—Application by biosecurity industry participant
412 Application for approval of varied arrangement
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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
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Part 4—Suspension of approved arrangement
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Division 1—Suspension requested by biosecurity industry participant
417 Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement
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Division 2—Suspension by relevant Director
418 Relevant Director may suspend approved arrangement
419 Notice of suspension
420 Period of suspension
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Division 3—Management of biosecurity risks during suspension
421 Management of biosecurity risks during suspension
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Part 5—Revocation or expiry of approved arrangement
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Division 1—Revocation requested by biosecurity industry participant
422 Biosecurity industry participant may request relevant Director to revoke approved arrangement
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Division 2—Revocation by relevant Director
423 Relevant Director may revoke approved arrangement
424 Notice of revocation
425 Date of effect of revocation
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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
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Part 6—Powers and obligations of biosecurity industry participants
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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
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Division 2—Biosecurity incidents
431 Reporting biosecurity incidents
432 Costs of dealing with biosecurity incidents
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Part 7—Other provisions
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Division 1—Applications for approval
433 Applications to which this Division applies
434 Requirements for applications
435 Dealing with applications
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Division 1A—Notice of proposed variation, suspension or revocation
435A Notice of proposed variation, suspension or revocation
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Division 2—Audit powers
436 Relevant Director may require audit to be carried out
437 Powers of auditors
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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
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Chapter 8—Biosecurity emergencies and human biosecurity emergencies
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Part 1—Biosecurity emergencies
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Division 1—Introduction
442 Simplified outline of this Part
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Division 2—Declaration of biosecurity emergency
443 Governor General may declare that a biosecurity emergency exists
444 Governor General may extend biosecurity emergency period
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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
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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
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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
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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
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Part 2—Human biosecurity emergencies
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Division 1—Introduction
473 Simplified outline of this Part
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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
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Chapter 9—Compliance and enforcement
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Part 1—Monitoring
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Division 1—Introduction
480 Simplified outline of this Part
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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
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Part 2—Investigation
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Division 1—Introduction
483 Simplified outline of this Part
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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
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Part 3—Warrants for purposes other than monitoring and investigation
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Division 1—Introduction
486 Simplified outline of this Part
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Division 2—Issue of warrants
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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
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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.
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Division 3—Executing warrants relating to aircraft or vessels
495 Executing warrants relating to aircraft or vessels
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Part 4—General rules about entry to premises under a warrant or consent
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Division 1—Introduction
496 Simplified outline of this Part
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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
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Division 3—Obligations and powers of biosecurity enforcement officers
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Subdivision A—Obligations relating to consent
500 Consent
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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
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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
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Part 5—Entering and exercising powers on premises without a warrant or consent
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Division 1—Introduction
509 Simplified outline of this Part
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Division 2—Monitoring and searching relevant premises
510 Meaning of relevant premises
511 Monitoring relevant premises
512 Offence related searches and seizures
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Division 3—Powers, rights and responsibilities relating to entry
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Subdivision A—Application of this Division
513 Application of this Division
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Subdivision B—Obligations and powers of biosecurity enforcement officers in entering premises
514 Announcement before entry
515 Use of force in entering premises
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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
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Part 6—Civil penalties
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Division 1—Introduction
518 Simplified outline of this Part
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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
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Division 3—Civil penalties for executive officers of bodies corporate
521 Civil penalties for executive officers of bodies corporate
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Part 7—Infringement notices
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Division 1—Introduction
522 Simplified outline of this Part
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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
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Part 8—Enforceable undertakings
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Division 1—Introduction
525 Simplified outline of this Part
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Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act
526 Enforceable undertakings
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Part 9—Injunctions
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Division 1—Introduction
527 Simplified outline of this Part
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Division 2—Injunctions under Part 7 of the Regulatory Powers Act
528 Injunctions
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Part 10—Miscellaneous
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Division 1—Introduction
529 Simplified outline of this Part
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Division 2—Fit and proper person test
530 Fit and proper person test
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Division 3—Personal information for applications
531 Personal information for applications
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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
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Division 5—General rules about offences and civil penalty provisions
534 Physical elements of offences
535 Contravening offence and civil penalty provisions
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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
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Chapter 10—Governance and officials
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Part 1—Introduction
539 Simplified outline of this Chapter
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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
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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
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Part 4—Biosecurity officers and biosecurity enforcement officers
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Division 1—Authorisation
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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
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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
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Division 2—Functions and powers
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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
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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
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Part 5—Chief human biosecurity officers and human biosecurity officers
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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
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Division 2—Functions and powers
565 Functions and powers of chief human biosecurity officers
566 Functions and powers of human biosecurity officers
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Part 6—Inspector General of Biosecurity
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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
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Division 2—Reviews by the Inspector General
567 Inspector General may review administration of provisions
568 Inspector General may require information etc. for review
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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
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Chapter 11—Miscellaneous
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Part 1—Review of decisions
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Division 1—Introduction
573 Simplified outline of this Part
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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
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Part 2—Information management
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Division 1—Introduction
579 Simplified outline of this Part
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Division 2—Offences and civil penalties
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Subdivision A—Unauthorised use or disclosure of protected information
580 Use or disclosure of protected information
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Subdivision B—Other matters
581 Protection from liability etc.
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Division 3—Authorised uses and disclosures of relevant information
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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
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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
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Subdivision C—Authorised uses and disclosures under regulations
590H Use or disclosure authorised by regulations
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Part 3—Cost recovery
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Division 1—Introduction
591 Simplified outline of this Part
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Division 2—Fees
592 Fees and other rules for fee bearing activities
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Division 3—Payment of cost recovery charges
593 Paying cost recovery charges
594 Notional payments by the Commonwealth
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Division 4—Unpaid cost recovery charges
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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
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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
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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
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Division 5—Power to sell goods and conveyances
610 Sale of goods and conveyances
611 Dealing with the proceeds of sale
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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
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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
614F Executive power of the Commonwealth
614G Inclusion of information in annual reports
614H Delegation
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Part 4—Exemptions from and modifications of this Act
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Division 1—Introduction
615 Simplified outline of this Part
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Division 2—Exemptions from and modifications of this Act
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Subdivision A—Exemption and modification by regulation
616 Exemptions from and modifications of this Act
617 Exemptions for Torres Strait Treaty
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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
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Part 5—Miscellaneous
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Division 1—Introduction
625 Simplified outline of this Part
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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
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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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history