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Biosecurity Act 2015

Authoritative Version
  • - C2015A00061
  • In force - Superseded Version
  • View Series
Act No. 61 of 2015 as made
An Act relating to diseases and pests that may cause harm to human, animal or plant health or the environment, and for related purposes
Administered by: Agriculture and Water Resources; Health
Originating Bill: Biosecurity Bill 2014
Registered 17 Jun 2015
Date of Assent 16 Jun 2015

 

 

 

 

 

 

Biosecurity Act 2015

 

No. 61, 2015

 

 

 

 

 

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

  

  

  


Contents

Chapter 1—Preliminary                                                                                         2

Part 1—Preliminary                                                                                                             2

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Simplified outline of this Act.............................................................. 3

4............ Objects of this Act.............................................................................. 5

5............ Appropriate Level of Protection (ALOP) for Australia against biosecurity risks     6

6............ Act binds the Crown........................................................................... 6

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

8............ Concurrent operation of State and Territory laws................................ 7

Part 2—Definitions                                                                                                                9

9............ Definitions.......................................................................................... 9

10.......... Meaning of approved arrangement.................................................. 29

11.......... Meaning of associate........................................................................ 29

12.......... Meaning of Australian territory........................................................ 31

13.......... Meaning of biosecurity entry point................................................... 31

14.......... Meaning of biosecurity industry participant and covered by............ 32

15.......... Meaning of commercial‑in‑confidence.............................................. 32

16.......... Meaning of conveyance..................................................................... 33

17.......... Meaning of exposed to...................................................................... 33

18.......... Meaning of first point of entry.......................................................... 34

19.......... Meaning of goods............................................................................. 34

20.......... Meaning of installation..................................................................... 35

21.......... Meaning of operator of a conveyance.............................................. 36

22.......... Meaning of person in charge............................................................ 36

Part 3—Constitutional and international law provisions                            38

Division 1—Introduction                                                                                          38

23.......... Simplified outline of this Part............................................................ 38

Division 2—Constitutional and international law provisions                39

24.......... Severability....................................................................................... 39

25.......... Application of this Act in relation to pests that are quarantine risks or invasive pests              41

26.......... Application of this Act in relation to invasive pests.......................... 42

27.......... Compensation for acquisition of property......................................... 42

28.......... Freedom of interstate trade, commerce and intercourse..................... 43

29.......... Commonwealth not to give preference.............................................. 43

30.......... Application of this Act to foreign aircraft and vessels....................... 43

Part 4—Principles affecting decisions to exercise certain powers          44

31.......... Simplified outline of this Part............................................................ 44

32.......... The principles.................................................................................... 44

Chapter 2—Managing biosecurity risks: human health    48

Part 1—General protections and listing human diseases                             48

Division 1—Introduction                                                                                          48

33.......... Simplified outline of this Part............................................................ 48

Division 2—Protections                                                                                             49

Subdivision A—General protections                                                                   49

34.......... The principles.................................................................................... 49

35.......... No interference with urgent or life‑threatening medical needs........... 50

Subdivision B—Protections for children or incapable persons                   50

36.......... Child or incapable person may be accompanied................................ 50

37.......... Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person               50

38.......... Requirement to comply with direction............................................... 51

39.......... Parent, guardian or next of kin may authorise person to accompany child or incapable person                52

40.......... Giving consent.................................................................................. 52

41.......... Exception for requiring an individual to remain at a place................. 52

Division 3—Listing human diseases                                                                    53

42.......... Listing human diseases..................................................................... 53

Part 2—Preventing risks to human health                                                           54

Division 1—Introduction                                                                                          54

43.......... Simplified outline of this Part............................................................ 54

Division 2—Entry and exit requirements                                                        55

44.......... Entry requirements............................................................................ 55

45.......... Exit requirements.............................................................................. 56

46.......... Civil penalties for failing to comply with certain entry and exit requirements           59

Division 3—Contact information for operators                                           60

47.......... Requirements for operators to provide 24/7 contact information....... 60

Division 4—Pratique                                                                                                   61

48.......... Positive pratique................................................................................ 61

49.......... Negative pratique.............................................................................. 61

50.......... Pre‑departure reporting..................................................................... 62

Division 5—Preventative biosecurity measures                                           64

51.......... Determining preventative biosecurity measures................................ 64

52.......... Civil penalty for failing to comply with a preventative biosecurity measure             65

53.......... Requirements to destroy disease agents on incoming or outgoing aircraft or vessels               65

Division 6—Information gathering powers                                                    66

54.......... Who may ask questions and require written information.................. 66

55.......... Asking questions and requiring answers from particular individuals 66

56.......... Asking questions and requiring answers from any individual.......... 67

57.......... Requiring an individual to provide written information..................... 68

58.......... Offence for failing to comply with a requirement.............................. 68

Part 3—Managing risks to human health: human biosecurity control orders     69

Division 1—Introduction                                                                                          69

59.......... Simplified outline of this Part............................................................ 69

Division 2—Imposing human biosecurity control orders on individuals               71

Subdivision A—Imposing, varying and revoking human biosecurity control orders  71

60.......... Imposing a human biosecurity control order on an individual........... 71

61.......... Contents of a human biosecurity control order.................................. 72

62.......... Form of a human biosecurity control order....................................... 73

63.......... Giving a human biosecurity control order to an individual................ 73

64.......... Varying a human biosecurity control order....................................... 74

65.......... Giving notice of a variation of a human biosecurity control order..... 75

66.......... Revoking a human biosecurity control order..................................... 75

67.......... Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order.......................................................................................................... 76

Subdivision B—Powers if officer intends to impose human biosecurity control order               76

68.......... Requiring an individual to remain at a place...................................... 76

69.......... Providing contact information........................................................... 76

70.......... Requirement for an individual to notify changes to contact information 77

Subdivision C—When an individual is required to comply with a biosecurity measure             78

71.......... Consenting to a biosecurity measure................................................. 78

72.......... Director of Human Biosecurity may give direction requiring compliance                78

73.......... When direction to comply with biosecurity measure ceases to be in force                81

74.......... When individual is required to comply with a biosecurity measure... 81

Subdivision D—AAT review of isolation and traveller movement measures 83

75.......... Obligation on Director of Human Biosecurity relating to Administrative Appeals Tribunal application  83

76.......... Applications...................................................................................... 84

77.......... Reasons and documents.................................................................... 85

78.......... Time period for making a decision.................................................... 86

79.......... Limitation on Administrative Appeals Tribunal power to stay etc. decisions           87

Subdivision E—Other provisions relating to external review of isolation and traveller movement measures     88

80.......... Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977     88

81.......... Judicial review of isolation and traveller movement measures.......... 88

Division 3—Biosecurity measures that may be included in a human biosecurity control order              89

Subdivision A—General provisions relating to including biosecurity measures in a human biosecurity control order                                                                                                         89

82.......... Who can include a biosecurity measure in a human biosecurity control order          89

83.......... Informing individual of risks............................................................ 89

84.......... Test for including a biosecurity measure in a human biosecurity control order        90

Subdivision B—Biosecurity measures that may be included in a human biosecurity control order        90

85.......... Managing contacts............................................................................ 90

86.......... Contacting officer with health status................................................. 91

87.......... Restricting behaviour........................................................................ 91

88.......... Risk minimisation interventions........................................................ 91

89.......... Decontamination............................................................................... 92

90.......... Undergoing an examination.............................................................. 92

91.......... Requiring body samples for diagnosis.............................................. 93

92.......... Receiving a vaccination or treatment................................................. 93

93.......... Receiving medication........................................................................ 94

94.......... Appropriate medical or other standards to be applied........................ 94

95.......... No use of force to require compliance with certain biosecurity measures 94

96.......... Traveller movement measure............................................................. 95

97.......... Isolation measure.............................................................................. 95

Subdivision C—Provisions relating to traveller movement measures       96

98.......... Traveller movement measure alert..................................................... 96

99.......... Content of traveller movement measure alert..................................... 97

100........ Destruction of traveller movement measure alert............................... 98

101........ Prevention from leaving Australian territory..................................... 98

Division 4—Other provisions relating to human biosecurity control orders     99

Subdivision A—Consular assistance                                                                   99

102........ Consular assistance........................................................................... 99

Subdivision B—Detention                                                                                    100

103........ Detention......................................................................................... 100

104........ Rules relating to detention............................................................... 101

105........ Release from detention.................................................................... 102

106........ Offence for escaping from detention............................................... 102

Subdivision C—Miscellaneous                                                                            103

107........ Offence for failing to comply with a human biosecurity control order 103

108........ Expenses incurred in complying with human biosecurity control orders  103

Part 4—Managing risks to human health: other biosecurity measures 104

Division 1—Introduction                                                                                        104

109........ Simplified outline of this Part.......................................................... 104

Division 2—Managing deceased individuals                                                105

110........ Human remains brought into Australian territory............................ 105

111........ Officer may give directions for managing human remains.............. 106

112........ Individuals who have died in transit or on arrival........................... 106

Division 3—Human health response zones                                                   108

113........ Determining human health response zones..................................... 108

114........ Consultation requirements............................................................... 109

115........ Notification requirements................................................................ 109

116........ Civil penalty for failing to comply with a requirement of a human health response zone determination   110

Chapter 3—Managing biosecurity risks: goods                        111

Part 1—Goods brought into Australian territory                                          111

Division 1—Introduction                                                                                        111

117........ Simplified outline of this Part.......................................................... 111

118........ Objects of this Part.......................................................................... 112

Division 2—Goods are subject to biosecurity control                            113

119........ Goods brought into Australian territory are subject to biosecurity control               113

Division 3—Notice of goods to be unloaded in Australian territory 114

120........ Notice must be given of goods to be unloaded in Australian territory 114

121........ Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information   116

122........ Power to obtain extra information relating to goods covered by a notice under section 120     117

Division 4—Assessment of level of biosecurity risk                                 120

123........ Biosecurity risk assessment powers................................................ 120

124........ Direction to secure goods................................................................ 120

125........ Inspecting goods and taking samples.............................................. 120

126........ Asking questions about goods........................................................ 121

127........ Requiring documents relating to goods to be produced................... 122

128........ Movement of goods........................................................................ 122

129........ Biosecurity control notice may be affixed to goods or given to person in charge of goods      123

130........ Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed........................................................................................................ 124

Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk    126

131........ Biosecurity measures may be required in relation to goods............. 126

132........ Movement of goods........................................................................ 126

133........ Treatment of goods......................................................................... 126

134........ Treatment that may damage goods.................................................. 127

135........ Export of goods.............................................................................. 129

136........ Destruction of goods....................................................................... 129

137........ Regulations may provide for other biosecurity measures................ 131

138........ Powers of biosecurity officer if biosecurity measures are required. 132

139........ Biosecurity officer may affix notice to goods.................................. 133

140........ Person must comply with direction to take biosecurity measures.... 134

141........ Unauthorised persons must not move etc. goods to which notice has been affixed  134

Division 6—Unloading goods at landing places or ports                       136

142........ Application of this Division............................................................ 136

143........ Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc.          136

144........ Person may unload goods from aircraft or vessel subject to direction etc.                137

145........ Goods must not be unloaded except at first point of entry for those goods or with permission               138

146........ Permission to unload goods at landing place or port other than first point of entry for those goods        139

147........ Goods must be brought to biosecurity entry point for those goods at first point of entry         141

148........ Permission to bring goods to alternative biosecurity entry point..... 143

149........ Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division         144

Division 7—Unloading goods from vessel displaying prescribed quarantine signal       146

150........ Application of this Division............................................................ 146

151........ Unloading goods from vessel displaying prescribed quarantine signal 146

152........ Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal               147

Division 8—Reporting biosecurity incidents                                                149

153........ Application of this Division............................................................ 149

154........ Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents  149

155........ Reporting by person in charge of aircraft or vessel carrying goods 149

156........ Reporting by person in charge of goods......................................... 150

157........ How reports must be made............................................................. 151

Division 9—Goods exposed to goods that are subject to biosecurity control    152

158........ Application of this Division............................................................ 152

159........ Assessment and management of biosecurity risk associated with exposed goods    152

160........ Exposed goods orders..................................................................... 153

161........ Effect of exposed goods order........................................................ 153

Division 10—Release of goods from biosecurity control                      155

162........ When goods brought into Australian territory are released from biosecurity control                155

163........ Notice releasing goods from biosecurity control............................. 156

164........ Revoking notice releasing goods from biosecurity control.............. 157

Part 2—Biosecurity Import Risk Analyses                                                         158

Division 1—Introduction                                                                                        158

165........ Simplified outline of this Part.......................................................... 158

Division 2—Biosecurity Import Risk Analyses                                           159

166........ What is a Biosecurity Import Risk Analysis (BIRA)...................... 159

167........ Director of Biosecurity may conduct a BIRA................................. 159

168........ Agriculture Minister may direct Director of Biosecurity to commence a BIRA       159

169........ Process for conducting a BIRA...................................................... 160

170........ Reports............................................................................................ 161

Part 3—Prohibited goods etc.                                                                                     162

Division 1—Introduction                                                                                        162

171........ Simplified outline of this Part.......................................................... 162

172........ Exclusion of State and Territory laws............................................. 163

Division 2—Prohibited goods and conditionally non‑prohibited goods 164

173........ Prohibited goods............................................................................. 164

174........ Conditionally non‑prohibited goods................................................ 165

175........ Security may be required in relation to conditionally non‑prohibited goods             166

Division 3—Permits to bring or import goods into Australian territory              167

176........ Application of this Division............................................................ 167

177........ Person may apply for permit........................................................... 167

178........ Dealing with application.................................................................. 167

179........ Director of Biosecurity may grant permit........................................ 169

180........ Conditions of permit....................................................................... 170

181........ Variation, suspension or revocation of permit................................. 171

Division 4—Suspended goods                                                                               173

182........ Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period         173

183........ Variation of determination suspending bringing or importation of goods into Australian territory          174

184........ Effect on permit of suspended goods determination........................ 174

Division 5—Offences and civil penalty provisions                                    176

185........ Bringing or importing prohibited or suspended goods into Australian territory       176

186........ Contravening conditions applying to conditionally non‑prohibited goods brought or imported into Australian territory........................................................................................................ 178

187........ Contravening conditions of a permit............................................... 180

188........ Receiving or possessing prohibited or suspended goods brought or imported into Australian territory   181

Chapter 4—Managing biosecurity risks: conveyances      183

Part 1—Introduction                                                                                                        183

189........ Objects of this Chapter.................................................................... 183

Part 2—Conveyances entering Australian territory etc.                            184

Division 1—Introduction                                                                                        184

190........ Simplified outline of this Part.......................................................... 184

Division 2—Conveyances that are subject to biosecurity control    186

191........ Aircraft and vessels entering Australian territory............................ 186

192........ Conveyances exposed to other conveyances that are subject to biosecurity control  187

Division 3—Pre‑arrival reporting etc.                                                            189

193........ Pre‑arrival reporting........................................................................ 189

194........ Pre‑arrival reporting—requirement to give additional or corrected information        191

195........ Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report           192

196........ Persons on incoming aircraft or vessel may be required to provide information to assess biosecurity risk              194

Division 4—Assessment of level of biosecurity risk                                 196

197........ Biosecurity risk assessment powers................................................ 196

198........ Securing conveyance....................................................................... 196

199........ Inspecting conveyance.................................................................... 196

200........ Asking questions about conveyance............................................... 197

201........ Requiring documents relating to conveyance to be produced.......... 197

202........ Movement of conveyance............................................................... 198

203........ Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance     198

204........ Unauthorised persons must not move etc. conveyance in relation to which direction has been given      199

Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk    201

205........ Biosecurity measures may be required in relation to conveyance.... 201

206........ Movement of certain aircraft and vessels........................................ 201

207........ Movement of exposed conveyances................................................ 202

208........ Treatment of conveyance................................................................. 203

209........ Treatment that may damage conveyance.......................................... 203

210........ Destruction of conveyance.............................................................. 205

211........ Conveyance must not be destroyed during review period............... 208

212........ Regulations may provide for other biosecurity measures................ 209

213........ Powers of biosecurity officer if biosecurity measures are required. 210

214........ Biosecurity officer may affix notice to conveyance......................... 211

215........ Person must comply with direction to take biosecurity measures.... 212

216........ Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required........................................................................................................ 214

Division 6—Leaving conveyances                                                                     216

217........ Person in charge of conveyance may leave conveyance unless directed not to do so               216

Division 7—Release of conveyances from biosecurity control          217

218........ When conveyance is released from biosecurity control................... 217

219........ Notice releasing conveyance from biosecurity control.................... 217

Division 8—Miscellaneous                                                                                     219

220........ Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels          219

221........ Quarantine signal............................................................................ 219

Part 3—First points of entry and biosecurity entry points                       221

Division 1—Introduction                                                                                        221

222........ Simplified outline of this Part.......................................................... 221

Division 2—First points of entry and biosecurity entry points for incoming aircraft and goods            222

223........ Determination of landing places that are first points of entry for aircraft or goods that are subject to biosecurity control........................................................................................................ 222

224........ Biosecurity entry points for aircraft and goods that are subject to biosecurity control              223

225........ Determination may be subject to conditions.................................... 223

226........ Determination may have effect for specified period........................ 223

227........ Variation and revocation of determination etc................................. 223

228........ Determination is a legislative instrument......................................... 224

Division 3—First points of entry and biosecurity entry points for incoming vessels and goods              225

229........ Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control      225

230........ Biosecurity entry points for vessels and goods that are subject to biosecurity control              226

231........ Determination may be subject to conditions.................................... 226

232........ Determination may have effect for specified period........................ 226

233........ Variation and revocation of determination etc................................. 226

234........ Determination is a legislative instrument......................................... 227

Part 4—Entry points for incoming aircraft and vessels                             228

Division 1—Introduction                                                                                        228

235........ Simplified outline of this Part.......................................................... 228

Division 2—Entry points for aircraft that intend to land in Australian territory           229

236........ Application of this Division............................................................ 229

237........ Aircraft must land at first point of entry.......................................... 229

238........ Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry       231

239........ Permission for aircraft to land at landing place that is not first point of entry for aircraft         232

240........ Direction requiring aircraft to land, or not to land, at specified landing place           234

241........ Direction requiring aircraft not to land at any landing place in Australian territory   235

242........ Direction requiring aircraft to land, or not to land, at specified landing place—management of human health risks 236

243........ Person who is given direction must comply with it......................... 237

Division 3—Entry points for vessels that intend to be moored in Australian territory                238

244........ Application of this Division............................................................ 238

245........ Vessel must be moored at first point of entry.................................. 238

246........ Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry        240

247........ Permission for vessel to be moored at port that is not first point of entry for vessel                241

248........ Direction requiring vessel to be moored, or not to be moored, at specified port       243

249........ Direction requiring vessel not to be moored at any port in Australian territory        244

250........ Direction requiring vessel to be moored, or not to be moored, at specified port—management of human health risks........................................................................................................ 245

251........ Person who is given direction must comply with it......................... 246

Division 4—Miscellaneous                                                                                     247

252........ Biosecurity officer etc. may enter landing places or ports............... 247

Part 5—Ship sanitation                                                                                                   248

Division 1—Introduction                                                                                        248

253........ Simplified outline of this Part.......................................................... 248

Division 2—Ship sanitation                                                                                    249

254........ Application of this Division............................................................ 249

255........ Regulations may prescribe scheme in relation to ship sanitation..... 249

256........ Declaring ports at which vessels may be inspected for the purposes of the scheme 250

257........ Assessing and managing sanitation health risks.............................. 250

Chapter 5—Ballast water and sediment                                            252

Part 1—Application and interpretation                                                               252

Division 1—Introduction                                                                                        252

258........ Simplified outline of this Part.......................................................... 252

Division 2—Application and interpretation                                                  253

259........ Extension of Chapter to every external Territory............................. 253

260........ Vessels in dry dock in Australia..................................................... 253

261........ Foreign vessels in waters adjacent to Australian Antarctic Territory 253

262........ References to the person in charge of a vessel do not include persons exercising certain powers            253

263........ Permanent ballast water in sealed tanks not subject to this Chapter. 253

264........ Relationship with other Commonwealth laws................................. 253

265........ Relationship with State and Territory laws...................................... 254

Part 2—Notice of discharge of ballast water in Australian seas           255

Division 1—Introduction                                                                                        255

266........ Simplified outline of this Part.......................................................... 255

Division 2—Reporting ballast water discharges                                        256

267........ Reporting ballast water discharges in Australian seas..................... 256

268........ Reporting ballast water discharges in Australian seas—requirement to give additional or corrected information     257

Part 3—Management of discharge of ballast water                                     259

Division 1—Introduction                                                                                        259

269........ Simplified outline of this Part.......................................................... 259

Division 2—Offence of discharging ballast water                                     260

270........ Offence—discharging ballast water in Australian seas................... 260

Division 3—Exceptions: ballast water management                                261

Subdivision A—Exception                                                                                   261

271........ Exception—ballast water has been managed for discharge............. 261

Subdivision B—Methods of ballast water management                               261

272........ Approved method of ballast water management.............................. 261

273........ Method of ballast water management—application for approval..... 262

274........ Method of ballast water management—approval of method approved by foreign country       263

Subdivision C—Ballast water exchange                                                           263

275........ Management by ballast water exchange.......................................... 263

Division 4—Exception: discharge as part of acceptable ballast water exchange            265

276........ Exception—discharge as part of acceptable ballast water exchange 265

Division 5—Exception: approved discharge to ballast water reception facility               266

277........ Exception—approved discharge to ballast water reception facility.. 266

278........ Discharge to ballast water reception facility—application for approval 266

Division 6—Exception: discharge covered by exemption                     268

279........ Exception—discharge covered by exemption.................................. 268

280........ Director of Biosecurity may grant exemptions................................ 268

281........ Variation and revocation of exemption............................................ 269

Division 7—Exception: taking up and discharging ballast water at same place               270

282........ Exception—taking up and discharging ballast water at same place. 270

Division 8—Exceptions and reporting requirements relating to safety, accidents and pollution            271

283........ Exceptions—safety, accidents and pollution................................... 271

284........ Report of discharge relating to safety, accident or pollution............ 272

Part 4—Ballast water management plans and ballast water management certificates   274

Division 1—Introduction                                                                                        274

285........ Simplified outline of this Part.......................................................... 274

Division 2—Ballast water management plans                                             275

286........ Ballast water management plan....................................................... 275

287........ Approval of ballast water management plan for Australian vessel.. 275

Division 3—Ballast water management certificates                                276

288........ Ballast water management certificate............................................... 276

289........ Director of Biosecurity may authorise person to be survey authority 277

290........ Issue or endorsement etc. of ballast water management certificate on behalf of the Commonwealth        277

Part 5—Ballast water records                                                                                    279

Division 1—Introduction                                                                                        279

291........ Simplified outline of this Part.......................................................... 279

Division 2—Australian vessels                                                                             280

292........ Australian vessel must have ballast water record system................ 280

293........ Recording ballast water operations and disposal of sediment.......... 280

294........ Records must be retained................................................................ 281

295........ Appropriate ballast water records for Australian vessel.................. 282

Division 3—Foreign vessels                                                                                   283

296........ Appropriate ballast water records for foreign vessel....................... 283

Part 6—Offence of disposing of sediment                                                           284

Division 1—Introduction                                                                                        284

297........ Simplified outline of this Part.......................................................... 284

Division 2—Offence of disposing of sediment                                              285

298........ Offence—disposing of sediment in Australian seas........................ 285

299........ Exceptions—safety, accidents and pollution................................... 285

Part 7—Compliance and enforcement                                                                  287

Division 1—Introduction                                                                                        287

300........ Simplified outline of this Part.......................................................... 287

Division 2—Power to require owner of Australian vessel to provide ballast water records     288

301........ Power to require owner of Australian vessel to provide ballast water records         288

Division 3—Directions powers                                                                            289

302........ Directions not to discharge ballast water......................................... 289

303........ Directions about movement of vessel.............................................. 289

304........ Directions about movement of vessel—variation or revocation...... 290

305........ Offence—contravening a direction.................................................. 291

306........ Manner of giving directions etc....................................................... 292

Part 8—Miscellaneous                                                                                                     293

307........ Compensation for undue detention or delay of vessel..................... 293

308........ Prescribing matters by reference to other instruments..................... 293

Chapter 6—Managing biosecurity risks: monitoring, control and response      294

Part 1—Introduction                                                                                                        294

309........ Simplified outline of this Part.......................................................... 294

310........ Modified meaning of biosecurity risk............................................. 294

311........ Objects of this Chapter.................................................................... 295

312........ Application of this Chapter............................................................. 296

Part 2—Assessment of level of biosecurity risk                                               297

Division 1—Introduction                                                                                        297

313........ Simplified outline of this Part.......................................................... 297

Division 2—Circumstances in which biosecurity risk assessment powers may be exercised     299

314........ Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk      299

315........ Exercise of biosecurity risk assessment powers in premises........... 299

Division 3—Biosecurity risk assessment powers                                       301

316........ Application of this Division............................................................ 301

317........ Direction to secure goods or conveyance........................................ 301

318........ Inspections and taking samples of goods or premises..................... 302

319........ Asking questions about goods or premises..................................... 303

320........ Requiring documents relating to goods or premises to be produced 303

321........ Movement of goods or conveyance................................................ 304

322........ Biosecurity officer may affix notice to goods or conveyance.......... 305

323........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed          306

324........ Operating electronic equipment on premises................................... 307

325........ Expert assistance to operate electronic equipment........................... 308

326........ Compensation for damage to electronic equipment......................... 310

Division 4—Offences                                                                                                 311

327........ Contravention of direction............................................................... 311

328........ Contravention of requirement to answer questions etc.................... 311

329........ Contravention of requirement to produce documents...................... 312

330........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed          312

Part 3—Biosecurity measures to manage unacceptable level of biosecurity risk                314

Division 1—Introduction                                                                                        314

331........ Simplified outline of this Part.......................................................... 314

Division 2—Powers that may be exercised: general                                316

Subdivision A—Circumstances in which powers may be exercised          316

332........ Circumstances in which powers set out in this Division may be exercised              316

Subdivision B—Powers relating to entry to and exit from premises        317

333........ Entry and exit etc. requirements—persons...................................... 317

334........ Entry and exit etc. requirements—goods and conveyances............. 318

Subdivision C—Powers relating to treatment of goods, conveyances and other premises          319

335........ Treatment of goods......................................................................... 319

336........ Treatment that may damage goods.................................................. 319

337........ Treatment of conveyance................................................................. 321

338........ Treatment that may damage conveyance.......................................... 321

339........ Treatment of premises (other than a conveyance)............................ 323

340........ Treatment that may damage premises (other than a conveyance)..... 323

341........ Dealing with premises (other than a conveyance) if owner does not agree to treatment etc.     325

Subdivision D—Powers relating to destruction of goods, conveyances and other premises       327

342........ Destruction of goods....................................................................... 327

343........ Destruction of conveyance.............................................................. 328

344........ Destruction of premises.................................................................. 330

345........ High‑value goods, conveyances or premises must not be destroyed during review period      332

Division 3—Powers provided by regulations                                               334

346........ Regulations may provide for other biosecurity measures................ 334

Division 4—Other powers                                                                                      336

347........ Powers of biosecurity officer if biosecurity measures are required. 336

348........ Biosecurity officer may affix notice to goods or premises.............. 337

Division 5—Offences and civil penalty provisions                                    339

349........ Contravention of requirement relating to entering or leaving etc. premises               339

350........ Person must comply with direction................................................. 339

351........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed          340

Part 4—Biosecurity control orders                                                                          342

Division 1—Introduction                                                                                        342

352........ Simplified outline of this Part.......................................................... 342

Division 2—Making, varying and revoking biosecurity control orders                343

353........ Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk        343

354........ Content of a biosecurity control order............................................. 343

355........ Form of biosecurity control order................................................... 345

356........ Biosecurity control order to be given to person in charge etc. of goods or premises or affixed to goods or premises........................................................................................................ 345

357........ Circumstances in which biosecurity control order ceases to be in force 346

358........ Variation of biosecurity control order............................................. 346

359........ Revocation of biosecurity control order.......................................... 348

Division 3—Powers that may be exercised under biosecurity control order     350

360........ Powers that may be exercised—general.......................................... 350

361........ Exercise of powers in premises....................................................... 350

362........ Power to secure goods or premises to deal with another disease or pest  351

Division 4—Civil penalty provision                                                                  353

363........ Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises              353

Part 5—Biosecurity response zones                                                                        354

Division 1—Introduction                                                                                        354

364........ Simplified outline of this Part.......................................................... 354

Division 2—Biosecurity response zone determinations                          355

365........ Director of Biosecurity may determine biosecurity response zone.. 355

366........ Content of a biosecurity response zone determination..................... 356

367........ Additional powers that may be specified in a biosecurity response zone determination           357

368........ Consultation requirements............................................................... 358

369........ Notification requirements................................................................ 358

Division 3—Powers that may be exercised in biosecurity response zones           359

370........ Powers that may be exercised—general.......................................... 359

371........ Exercise of powers in premises....................................................... 359

372........ Power to secure goods or premises to deal with another disease or pest  360

Division 4—Offences and civil penalty provisions                                    362

373........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity response zone        362

374........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity response zone.................................................................................. 363

375........ Person must comply with direction................................................. 363

376........ Unauthorised persons must not interfere with etc. equipment etc. set up in biosecurity response zone    364

Part 6—Biosecurity monitoring zones                                                                   366

Division 1—Introduction                                                                                        366

377........ Simplified outline of this Part.......................................................... 366

Division 2—Permanent biosecurity monitoring zones                            368

Subdivision A—Areas that are permanent biosecurity monitoring zones 368

378........ Permanent biosecurity monitoring zones......................................... 368

Subdivision B—Powers that may be exercised in permanent biosecurity monitoring zones      368

379........ Powers that may be exercised—general.......................................... 368

380........ Exercise of powers in premises....................................................... 370

Subdivision C—Civil penalty provisions                                                         370

381........ Unauthorised persons must not interfere with etc. notices or markings identifying permanent biosecurity monitoring zone........................................................................................................ 371

382........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a permanent biosecurity monitoring zone............................................................ 371

383........ Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone........................................................................................................ 372

Division 3—Temporary biosecurity monitoring zones                           374

Subdivision A—Temporary biosecurity monitoring zone determinations 374

384........ Director of Biosecurity may determine temporary biosecurity monitoring zone       374

385........ Content of a temporary biosecurity monitoring zone determination 375

386........ Additional powers that may be specified in a temporary biosecurity monitoring zone determination       376

387........ Consultation requirements............................................................... 377

388........ Notification requirements................................................................ 377

Subdivision B—Powers that may be exercised in temporary biosecurity monitoring zones      378

389........ Powers that may be exercised—general.......................................... 378

390........ Exercise of powers in premises....................................................... 378

Subdivision C—Civil penalty provisions                                                         379

391........ Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone........................................................................................................ 379

392........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone............................................................ 380

393........ Unauthorised persons must not interfere with etc. equipment etc. set up in temporary biosecurity monitoring zone........................................................................................................ 381

Part 7—Biosecurity activity zones                                                                            383

Division 1—Introduction                                                                                        383

394........ Simplified outline of this Part.......................................................... 383

Division 2—Biosecurity activity zone determinations                            384

395........ Director of Biosecurity may determine biosecurity activity zone..... 384

396........ Consultation requirements............................................................... 385

397........ Notification requirements................................................................ 385

398........ Revocation of biosecurity activity zone determination..................... 385

Division 3—Powers that may be exercised in biosecurity activity zones              386

399........ Powers that may be exercised......................................................... 386

400........ Use of force.................................................................................... 387

Division 4—Offences and civil penalty provisions                                    388

401........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone           388

402........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity activity zone.................................................................................... 389

403........ Person must comply with direction................................................. 389

Chapter 7—Approved arrangements                                                   391

Part 1—Introduction                                                                                                        391

404........ Simplified outline of this Chapter.................................................... 391

Part 2—Approval of proposed arrangement                                                    393

405........ Person may apply to relevant Director for approval of proposed arrangement to carry out biosecurity activities     393

406........ Relevant Director must decide whether or not to approve proposed arrangement    393

407........ Proposed arrangement may be approved subject to condition requiring security to be given   394

408........ Notice of decision........................................................................... 395

409........ Period of effect of approved arrangement....................................... 395

410........ Restrictions on applications for approval of proposed arrangements etc. 395

411........ Transfer of approved arrangement.................................................. 396

Part 3—Variation of approved arrangement                                                   397

Division 1—Application by biosecurity industry participant              397

412........ Application for approval of varied arrangement.............................. 397

Division 2—Variation required by relevant Director                             398

413........ Relevant Director may vary or require variation of approved arrangement               398

414........ Notice varying conditions of approved arrangement....................... 398

415........ Date of effect of variation of conditions of approved arrangement.. 399

416........ Notice requiring approved arrangement to be varied....................... 399

Part 4—Suspension of approved arrangement                                               400

Division 1—Suspension requested by biosecurity industry participant 400

417........ Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement      400

Division 2—Suspension by relevant Director                                              402

418........ Relevant Director may suspend approved arrangement................... 402

419........ Notice of suspension....................................................................... 403

420........ Period of suspension....................................................................... 404

Division 3—Management of biosecurity risks during suspension     405

421........ Management of biosecurity risks during suspension...................... 405

Part 5—Revocation of approved arrangement                                               407

Division 1—Revocation requested by biosecurity industry participant                407

422........ Biosecurity industry participant may request relevant Director to revoke approved arrangement             407

Division 2—Revocation by relevant Director                                             408

423........ Relevant Director may revoke approved arrangement..................... 408

424........ Notice of revocation........................................................................ 409

425........ Date of effect of revocation............................................................. 409

Division 3—Management of biosecurity risks after revocation        411

426........ Management of biosecurity risks after revocation........................... 411

Part 6—Powers and obligations of biosecurity industry participants 413

Division 1—General                                                                                                  413

427........ Authorisation to carry out biosecurity activities in accordance with approved arrangement     413

428........ Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc......................................................................................................... 413

429........ Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks    414

430........ Biosecurity industry participant may charge fee in relation to biosecurity activities carried out                415

Division 2—Biosecurity incidents                                                                       417

431........ Reporting biosecurity incidents....................................................... 417

432........ Costs of dealing with biosecurity incidents..................................... 418

Part 7—Other provisions                                                                                               420

Division 1—Applications for approval                                                            420

433........ Applications to which this Division applies.................................... 420

434........ Requirements for applications......................................................... 420

435........ Dealing with applications................................................................ 421

Division 2—Audit powers                                                                                       423

436........ Relevant Director may require audit to be carried out...................... 423

437........ Powers of auditors.......................................................................... 424

Division 3—Miscellaneous                                                                                     426

438........ Giving false or misleading information to a biosecurity industry participant            426

439........ Giving false or misleading documents to a biosecurity industry participant             427

440........ Obstruction or hindrance of person acting in accordance with approved arrangement             428

441........ Protection from civil proceedings.................................................... 428

Chapter 8—Biosecurity emergencies and human biosecurity emergencies           430

Part 1—Biosecurity emergencies                                                                              430

Division 1—Introduction                                                                                        430

442........ Simplified outline of this Part.......................................................... 430

Division 2—Declaration of biosecurity emergency                                  431

443........ Governor‑General may declare that a biosecurity emergency exists 431

444........ Governor‑General may extend biosecurity emergency period......... 432

Division 3—Emergency requirements, directions and actions           434

445........ Agriculture Minister may determine emergency requirements during biosecurity emergencies                434

446........ Agriculture Minister may give directions and take actions during biosecurity emergencies     435

447........ Limits on power to give directions and take actions........................ 437

448........ Limit on requiring individuals to be subject to certain biosecurity measures            438

449........ Person must comply with emergency requirements and directions. 438

450........ Asking questions relating to biosecurity emergencies..................... 439

451........ Requiring documents relating to biosecurity emergencies............... 440

Division 4—National response agencies                                                         442

452........ Agriculture Minister may declare national response agency............ 442

453........ Agriculture Minister may delegate certain emergency powers........ 442

454........ Executive head of national response agency may subdelegate certain emergency powers        443

455........ Delegation does not limit other powers........................................... 444

456........ Notice may be affixed to goods or a conveyance............................ 444

457........ Moving or interfering with goods or conveyance........................... 446

Division 5—Exercise of powers during biosecurity emergencies     448

458........ Modification of this Act during biosecurity emergencies................ 448

459........ Biosecurity risk assessment powers................................................ 448

460........ Application of offences during emergencies................................... 449

461........ Biosecurity control orders—making orders.................................... 450

462........ Biosecurity control orders—varying orders.................................... 451

463........ Biosecurity control orders—revoking orders.................................. 452

464........ Modification of Part 4 of Chapter 6 in relation to biosecurity control orders            453

465........ Biosecurity response zones............................................................. 453

466........ Setting traps and setting up equipment and other structures............ 454

467........ Notice requirements during biosecurity emergencies...................... 455

468........ Other biosecurity measures during biosecurity emergencies........... 456

469........ Merits review during biosecurity emergencies................................ 456

Division 6—Entry to premises without warrant or consent during biosecurity emergencies   458

470........ Entry to premises without warrant or consent during biosecurity emergencies        458

471........ Modification of Chapter 6............................................................... 460

472........ Entry to adjacent premises without warrant or consent during biosecurity emergencies           460

Part 2—Human biosecurity emergencies                                                             462

Division 1—Introduction                                                                                        462

473........ Simplified outline of this Part.......................................................... 462

Division 2—Human biosecurity emergency powers                                463

474........ Health Minister to exercise human biosecurity emergency powers personally         463

475........ Governor‑General may declare that a human biosecurity emergency exists             463

476........ Governor‑General may extend a human biosecurity emergency period 464

477........ Health Minister may determine emergency requirements during human biosecurity emergency period   465

478........ Health Minister may give directions during human biosecurity emergency period   467

479........ Person must comply with emergency requirements and directions. 468

Chapter 9—Compliance and enforcement                                     470

Part 1—Monitoring                                                                                                           470

Division 1—Introduction                                                                                        470

480........ Simplified outline of this Part.......................................................... 470

Division 2—Monitoring under Part 2 of the Regulatory Powers Act 471

481........ Basic monitoring powers under Part 2 of the Regulatory Powers Act 471

482........ Modifications of Part 2 of the Regulatory Powers Act................... 472

Part 2—Investigation                                                                                                       474

Division 1—Introduction                                                                                        474

483........ Simplified outline of this Part.......................................................... 474

Division 2—Investigating under Part 3 of the Regulatory Powers Act 475

484........ Basic investigation powers under Part 3 of the Regulatory Powers Act.. 475

485........ Modifications of Part 3 of the Regulatory Powers Act................... 476

Part 3—Warrants for purposes other than monitoring and investigation              478

Division 1—Introduction                                                                                        478

486........ Simplified outline of this Part.......................................................... 478

Division 2—Issue of warrants                                                                              479

Subdivision A—Ordinary issue of warrants                                                   479

487........ Warrants this Subdivision applies to............................................... 479

488........ Application and issue of warrant..................................................... 479

489........ Test to be met for issue of warrant.................................................. 480

490........ Content of warrant.......................................................................... 482

Subdivision B—Issue of certain warrants by telephone, fax etc.               485

491........ Application of this Subdivision to certain warrants......................... 485

492........ Issue of certain warrants by telephone, fax etc................................ 486

493........ Authority of warrant....................................................................... 487

494........ Fault‑based offence relating to warrants by telephone, fax etc........ 488

Division 3—Executing warrants relating to aircraft or vessels        489

495........ Executing warrants relating to aircraft or vessels............................ 489

Part 4—General rules about entry to premises under a warrant or consent        490

Division 1—Introduction                                                                                        490

496........ Simplified outline of this Part.......................................................... 490

Division 2—Entering adjacent premises to gain access to other premises          491

497........ Meaning of premises...................................................................... 491

498........ Entering adjacent premises to gain access to other premises........... 491

499........ Entry under adjacent premises warrants.......................................... 492

Division 3—Obligations and powers of biosecurity enforcement officers            493

Subdivision A—Obligations relating to consent                                             493

500........ Consent........................................................................................... 493

Subdivision B—Obligations and powers relating to warrants                   494

501........ Warrants this Subdivision applies to............................................... 494

502........ Announcement before execution of warrant.................................... 494

503........ Biosecurity enforcement officer to be in possession of warrant...... 495

504........ Details of warrant etc. to be provided.............................................. 496

505........ Use of force in executing a warrant................................................. 496

Division 4—Appropriate person’s rights and responsibilities relating to warrants       497

506........ Warrants this Division applies to.................................................... 497

507........ Appropriate person’s right to observe execution of warrant........... 497

508........ Appropriate person to provide facilities and assistance................... 497

Part 5—Entering and exercising powers on premises without a warrant or consent      499

Division 1—Introduction                                                                                        499

509........ Simplified outline of this Part.......................................................... 499

Division 2—Monitoring and searching relevant premises                    500

510........ Meaning of relevant premises......................................................... 500

511........ Monitoring relevant premises.......................................................... 500

512........ Offence‑related searches and seizures............................................. 501

Division 3—Powers, rights and responsibilities relating to entry     503

Subdivision A—Application of this Division                                                   503

513........ Application of this Division............................................................ 503

Subdivision B—Obligations and powers of biosecurity enforcement officers in entering premises        503

514........ Announcement before entry............................................................ 503

515........ Use of force in entering premises.................................................... 504

Subdivision C—Appropriate person’s rights and responsibilities on entry 504

516........ Appropriate person is entitled to observe exercise of powers......... 504

517........ Appropriate person to provide officers etc. with facilities and assistance 504

Part 6—Civil penalties                                                                                                     506

Division 1—Introduction                                                                                        506

518........ Simplified outline of this Part.......................................................... 506

Division 2—Civil penalties under Part 4 of the Regulatory Powers Act              507

519........ Basic operation of civil penalties under Part 4 of the Regulatory Powers Act          507

520........ Modifications of Part 4 of the Regulatory Powers Act................... 508

Division 3—Civil penalties for executive officers of bodies corporate  510

521........ Civil penalties for executive officers of bodies corporate................ 510

Part 7—Infringement notices                                                                                      512

Division 1—Introduction                                                                                        512

522........ Simplified outline of this Part.......................................................... 512

Division 2—Infringement notices under Part 5 of the Regulatory Powers Act                513

523........ Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act            513

524........ Modifications of Part 5 of the Regulatory Powers Act................... 515

Part 8—Enforceable undertakings                                                                         517

Division 1—Introduction                                                                                        517

525........ Simplified outline of this Part.......................................................... 517

Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act          518

526........ Enforceable undertakings................................................................ 518

Part 9—Injunctions                                                                                                           519

Division 1—Introduction                                                                                        519

527........ Simplified outline of this Part.......................................................... 519

Division 2—Injunctions under Part 7 of the Regulatory Powers Act 520

528........ Injunctions...................................................................................... 520

Part 10—Miscellaneous                                                                                                  521

Division 1—Introduction                                                                                        521

529........ Simplified outline of this Part.......................................................... 521

Division 2—Fit and proper person test                                                           522

530........ Fit and proper person test................................................................ 522

Division 3—Personal information for applications                                  525

531........ Personal information for applications.............................................. 525

Division 4—Civil penalty provisions for false or misleading information or documents             526

532........ Civil penalty provision for false or misleading information............ 526

533........ Civil penalty provision for false or misleading documents.............. 527

Division 5—General rules about offences and civil penalty provisions 528

534........ Physical elements of offences......................................................... 528

535........ Contravening offence and civil penalty provisions.......................... 528

Division 6—Miscellaneous                                                                                     529

536........ Persons assisting biosecurity officers or biosecurity enforcement officers               529

537........ Powers of issuing officers.............................................................. 531

538........ Judicial review of directions to secure goods or conveyances......... 531

Chapter 10—Governance and officials                                              532

Part 1—Introduction                                                                                                        532

539........ Simplified outline of this Chapter.................................................... 532

Part 2—Director of Biosecurity                                                                                 533

540........ Director of Biosecurity.................................................................... 533

541........ Functions and powers of Director of Biosecurity........................... 533

542........ Delegation and subdelegation.......................................................... 534

543........ Agriculture Minister may give general directions to Director of Biosecurity            537

Part 3—Director of Human Biosecurity                                                              539

544........ Director of Human Biosecurity....................................................... 539

Part 4—Biosecurity officers and biosecurity enforcement officers     540

Division 1—Authorisation                                                                                      540

Subdivision A—Authorisation by Director of Biosecurity                          540

545........ Authorisation by Director of Biosecurity of persons as biosecurity officers            540

546........ Authorisation by Director of Biosecurity of persons as biosecurity enforcement officers        541

547........ Arrangements for State or Territory officers or employees to be biosecurity officers or biosecurity enforcement officers........................................................................................................ 542

Subdivision B—Authorisation by Director of Human Biosecurity           542

548........ Authorisation by Director of Human Biosecurity of persons as biosecurity enforcement officers           542

549........ Arrangements for State or Territory officers or employees to be biosecurity enforcement officers          543

Division 2—Functions and powers                                                                    544

Subdivision A—General                                                                                       544

550........ Functions and powers of biosecurity officers................................. 544

551........ Functions and powers of biosecurity enforcement officers............. 544

552........ Directions to assist persons performing functions etc. under this Act 544

553........ Biosecurity officers and biosecurity enforcement officers may be assisted by animals            546

554........ Carrying out tests on samples......................................................... 547

555........ Biosecurity officer may direct person in charge of conveyance to permit biosecurity officer to board     548

556........ Powers that may be exercised by biosecurity officer after boarding a conveyance   549

557........ Biosecurity officer may give permission to engage in certain conduct 549

Subdivision B—Decontamination                                                                      550

558........ Decontaminating an individual........................................................ 550

559........ Direction to individual to be decontaminated................................... 551

560........ Decontaminating clothing and personal effects............................... 553

561........ Other protections in relation to decontamination............................. 554

Part 5—Chief human biosecurity officers and human biosecurity officers           555

Division 1—Authorisation                                                                                      555

562........ Authorisation of chief human biosecurity officers.......................... 555

563........ Authorisation of human biosecurity officers................................... 555

564........ Arrangements for State or Territory officers or employees to be chief human biosecurity officers or human biosecurity officers............................................................................................ 556

Division 2—Functions and powers                                                                    557

565........ Functions and powers of chief human biosecurity officers............. 557

566........ Functions and powers of human biosecurity officers...................... 557

Part 6—Inspector‑General of Biosecurity                                                          558

Division 1—Inspector‑General of Biosecurity                                            558

566A..... Inspector‑General of Biosecurity.................................................... 558

566B..... Term of office................................................................................. 558

566C..... Remuneration.................................................................................. 558

566D..... Leave of absence for full‑time Inspector‑General............................ 559

566E...... Engaging in other paid employment................................................ 559

566F...... Other terms and conditions............................................................. 559

566G..... Resignation..................................................................................... 559

566H..... Termination of appointment............................................................ 560

566J...... Acting appointments....................................................................... 561

Division 2—Reviews by the Inspector‑General                                          562

567........ Inspector‑General may review administration of provisions........... 562

568........ Inspector‑General may require information etc. for review............. 562

Part 7—Miscellaneous                                                                                                     564

569........ Identity cards—biosecurity officers etc........................................... 564

570........ Identity cards—human biosecurity officers etc............................... 564

571........ Offence—failure to return identity card........................................... 565

572........ General provisions relating to directions......................................... 565

Chapter 11—Miscellaneous                                                                             567

Part 1—Review of decisions                                                                                        567

Division 1—Introduction                                                                                        567

573........ Simplified outline of this Part.......................................................... 567

Division 2—Review of decisions                                                                         568

574........ Reviewable decisions...................................................................... 568

575........ Notice of decision........................................................................... 573

576........ Internal review of reviewable decisions.......................................... 573

577........ Director of Biosecurity may require further information from applicants 575

578........ Review by the Administrative Appeals Tribunal............................. 575

Part 2—Confidentiality of information                                                                576

Division 1—Introduction                                                                                        576

579........ Simplified outline of this Part.......................................................... 576

Division 2—Confidentiality of information                                                   577

580........ Disclosure of protected information................................................ 577

581........ Use in accordance with section 580 does not contravene laws etc.. 578

582........ Authorisation to use information for purposes of proceedings....... 579

583........ Authorisation to use information that is also received from another source, and use of information by prescribed agencies........................................................................................................ 580

584........ Authorisation to use information required by another law.............. 581

585........ Offence relating to protected information........................................ 582

586........ Exception for use of information in good faith................................ 582

587........ Exception for person who does not know that information is commercial‑in‑confidence         582

588........ Exception for disclosing to the person to whom information relates, or if the person to whom information relates consents.......................................................................................... 583

589........ Exception for disclosure to person who provided the information.. 584

590........ Annual report.................................................................................. 584

Part 3—Cost recovery                                                                                                     585

Division 1—Introduction                                                                                        585

591........ Simplified outline of this Part.......................................................... 585

Division 2—Fees                                                                                                          586

592........ Fees and other rules for fee‑bearing activities................................. 586

Division 3—Payment of cost‑recovery charges                                         587

593........ Paying cost‑recovery charges.......................................................... 587

594........ Notional payments by the Commonwealth...................................... 587

Division 4—Unpaid cost‑recovery charges                                                  588

Subdivision A—General                                                                                       588

595........ Late payment fee............................................................................. 588

596........ Recovery of cost‑recovery charges................................................. 588

597........ Suspending or revoking permits etc. because of unpaid cost‑recovery charges        588

Subdivision B—Dealing with goods to recover unpaid cost‑recovery charges              589

598........ Creation of charge on goods........................................................... 589

599........ Effect of charge on goods............................................................... 590

600........ Biosecurity officer may withhold goods that are subject to charge.. 590

601........ Moving or interfering with withheld goods.................................... 591

602........ When goods stop being withheld.................................................... 592

603........ Sale of withheld goods.................................................................... 593

Subdivision C—Dealing with a conveyance to recover unpaid cost‑recovery charge  594

604........ Creation of charge on conveyance................................................... 594

605........ Effect of charge on conveyance....................................................... 595

606........ Director of Biosecurity may detain conveyance that is subject to charge  595

607........ Moving or interfering with detained conveyance............................ 597

608........ Release of detained conveyance...................................................... 597

609........ Sale of detained conveyance............................................................ 598

Division 5—Power to sell goods and conveyances                                    600

610........ Sale of goods and conveyances....................................................... 600

611........ Dealing with the proceeds of sale.................................................... 600

Division 6—Miscellaneous                                                                                     602

612........ Providing sustenance for animals and plants................................... 602

613........ Agriculture Minister may remit or refund cost‑recovery charges.... 603

614........ Extraterritorial operation of this Part............................................... 603

Part 4—Exemptions from and modifications of this Act                           604

Division 1—Introduction                                                                                        604

615........ Simplified outline of this Part.......................................................... 604

Division 2—Exemptions from and modifications of this Act               605

Subdivision A—Exemption and modification by regulation                      605

616........ Exemptions from and modifications of this Act.............................. 605

617........ Exemptions for Torres Strait Treaty................................................ 605

Subdivision B—Modifications relating to declared movements between parts of Australian territory  607

618........ Modified operation of this Act in relation to declared movements between parts of Australian territory  607

619........ Affected provisions and exit provisions.......................................... 610

620........ How the affected provisions (except the exit provisions) apply because of this Subdivision   611

621........ Release from biosecurity control if goods leave destination part..... 612

622........ Release from biosecurity control if aircraft or vessel leaves destination part            613

623........ How the exit provisions apply because of this Subdivision............ 614

624........ Relationship between this Subdivision and other provisions of this Act  614

Part 5—Miscellaneous                                                                                                     616

Division 1—Introduction                                                                                        616

625........ Simplified outline of this Part.......................................................... 616

Division 2—Abandoned or forfeited goods and conveyances             617

626........ Abandoned goods........................................................................... 617

627........ Forfeited goods............................................................................... 618

628........ Prohibited goods etc. may be forfeited to the Commonwealth........ 619

629........ Abandoned conveyances................................................................. 621

630........ Forfeited conveyances..................................................................... 622

Division 3—Damaged and destroyed goods etc.                                        624

631........ Person complying with direction or request must not damage or destroy goods      624

632........ Compensation for damaged goods.................................................. 625

633........ Compensation for destroyed goods, conveyances or other premises 625

634........ Claims for, and amount of, compensation....................................... 627

Division 4—Miscellaneous                                                                                     629

635........ Privilege against self‑incrimination................................................. 629

636........ Offence—hindering compliance with the Act etc............................ 630

637........ Certificates given by analyst............................................................ 631

638........ Admission of analyst’s certificate in proceedings........................... 632

639........ Power or requirement to do or cause a thing to be done.................. 633

640........ Treatment of partnerships................................................................ 633

641........ Treatment of unincorporated associations....................................... 634

642........ Arrangements with States and Territories to assist in carrying out this Act              634

643........ Delegation of powers by Agriculture Minister................................ 635

644........ Protection from civil proceedings.................................................... 636

645........ Regulations..................................................................................... 638

 


 

 

Biosecurity Act 2015

No. 61, 2015

 

 

 

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

[Assented to 16 June 2015]

The Parliament of Australia enacts:

Chapter 1Preliminary

Part 1Preliminary

  

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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

16 June 2015

2.  Sections 3 to 645

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

16 June 2016

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

This Act is about managing diseases and pests that may cause harm to human, animal or plant health or the environment.

This Chapter includes preliminary provisions (such as the extension of this Act to external Territories, and the relationship of this Act with other Australian laws). It also includes the definitions for this Act, provisions that relate to the Constitution and international law, and principles affecting decisions to exercise certain powers under this Act.

Chapter 2 deals with managing risks to human health. That Chapter only deals with diseases (listed human diseases) that are listed in a legislative instrument. The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease. However, Chapter 2 also includes requirements in relation to persons entering or leaving Australian territory, and rules relating to managing deceased individuals.

Chapter 3 deals with managing biosecurity risks in relation to goods that are brought into Australian territory from outside Australian territory. These goods become subject to biosecurity control when the aircraft or vessel carrying the goods enters Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with the goods, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Chapter 3 also provides a mechanism for prohibiting certain goods from being brought or imported into Australian territory, either absolutely or subject to conditions, and includes provisions dealing with biosecurity import risk analyses and import permits.

Chapter 4 deals with managing biosecurity risks in relation to aircraft and vessels that enter Australian territory from outside Australian territory, including by controlling the places where they can land or be moored and their movement while they are in Australian territory. These conveyances become subject to biosecurity control when they enter Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with them, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Chapter 4 also provides for a scheme to deal with ship sanitation for the purposes of the International Health Regulations.

Chapter 5 deals with the ballast water and sediment of certain vessels. It requires reporting of intended or actual discharges of ballast water in Australian seas. Discharging ballast water in Australian seas is an offence, subject to a range of exceptions, and there is an offence of disposing of sediment. The Chapter also includes provisions for ballast water management plans and certificates, record‑keeping obligations and powers to ensure compliance.

Chapter 6 deals with managing biosecurity risks (other than those covered by Chapter 3 or 4) posed by diseases or pests that may be in or on goods or premises in Australian territory. The Chapter provides for powers to be exercised to monitor, respond to and control those risks.

Chapter 7 provides for arrangements to be approved authorising and requiring biosecurity industry participants to carry out biosecurity activities to manage biosecurity risks associated with goods, premises or other things for the purposes of this Act.

Chapter 8 provides for the Governor‑General to declare biosecurity emergencies and human biosecurity emergencies. Part 1 gives the Agriculture Minister special powers to deal with biosecurity emergencies and provides for certain powers to be delegated to national response agencies. Part 1 also includes other modifications of the Act that apply during biosecurity emergencies. Part 2 gives the Health Minister special powers to deal with human biosecurity emergencies, including by giving effect to recommendations of the World Health Organization.

Chapter 9 gives officers powers to ensure people are complying with this Act, to investigate non‑compliance and to enforce this Act by means such as civil penalties, infringement notices, enforceable undertakings and injunctions. In many cases this is done by applying the Regulatory Powers Act. The Chapter also provides for warrants for officers to enter premises and exercise powers for some other purposes relating to biosecurity, as well as powers for officers to enter premises and exercise powers there without a warrant or consent in some limited cases. Officers have certain obligations relating to their entry to premises (with or without a warrant or consent), and occupiers of premises have certain rights relating to the activities of officers on their premises. The Chapter also includes other provisions relevant to ensuring compliance with this Act, such as how to determine whether a person is a fit and proper person.

Chapter 10 deals with matters relating to governance and officials. It includes provisions relating to the functions and powers of the Director of Biosecurity, the Director of Human Biosecurity, biosecurity officers, biosecurity enforcement officers, chief human biosecurity officers and human biosecurity officers.

Chapter 11 includes miscellaneous provisions, dealing with matters such as:

       (a)     review of reviewable decisions under this Act; and

      (b)     the confidentiality of information obtained under this Act; and

       (c)     recovering costs under this Act; and

      (d)     abandoned or forfeited goods and conveyances; and

       (e)     modification of this Act in relation to certain movements of persons, goods and conveyances.

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;

                            (iii)  the risk of listed 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 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) or another part of this Act (see sections 9 and 310).

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(3) 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 2Definitions

  

9  Definitions

                   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:

                     (a)  for an Australian vessel—has the meaning given by section 295; or

                     (b)  for a foreign vessel—has the meaning given by section 296.

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 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 near 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.

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):

                     (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).

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.

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.

commercial‑in‑confidence has the meaning given by section 15.

Commonwealth body includes a Department of State, or an authority, of the Commonwealth.

competent authority has the meaning given by the International Health Regulations.

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.

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.

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 Circuit Court means the Federal Circuit Court of Australia.

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, other than the cremated remains of a deceased human’s body.

Immigration Department means the Department administered by the Minister administering the Migration Act 1958.

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 Chief Executive Officer of Customs under paragraph (f) of the definition of Customs place in subsection 183UA(1) of the Customs Act 1901.

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 Court.

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.

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.

permissible purpose means a purpose of promoting the objects of this Act.

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 personal information, or information that is commercial‑in‑confidence, that:

                     (a)  is obtained under, or in accordance with, this Act; or

                     (b)  is derived from a record of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act; or

                     (c)  is derived from a disclosure or use of personal information, or information that is commercial‑in‑confidence, that was made under, or in accordance with, this Act.

Note:          For the meaning of commercial‑in‑confidence, see section 15.

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 Court; 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 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 made for the purposes of subsection 574(2)—the person specified by the regulations 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 facility in Australian territory for receiving sediment from vessels for treatment or disposal in a way authorised under:

                     (a)  a law of the Commonwealth; or

                     (b)  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, 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 289 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).

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).

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.

15  Meaning of commercial‑in‑confidence

                   Information is commercial‑in‑confidence if a person demonstrates to the Director of Biosecurity that:

                     (a)  release of the information would cause competitive detriment to the person; and

                     (b)  the information is not in the public domain; and

                     (c)  the information is not required to be disclosed under another Australian law; and

                     (d)  the information is not readily discoverable.

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 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 3Constitutional and international law provisions

Division 1Introduction

23  Simplified outline of this Part

This Part contains provisions that relate to the Constitution, such as:

       (a)     the constitutional powers relied on for this Act; and

      (b)     the application of this Act in relation to pests; and

       (c)     provisions relating to protections in the Constitution (for example, compensation for any acquisition of property).

This Part also ensures that this Act is consistent with the rights that foreign aircraft and vessels have under the United Nations Convention on the Law of the Sea.

Division 2Constitutional 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 (other than Part 1 of Chapter 8 (biosecurity emergencies)) applies in relation to a pest 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)  Part 1 of Chapter 8 applies only in relation to a pest that is referred to in paragraph (1)(a).

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 4Principles affecting decisions to exercise certain powers

  

31  Simplified outline of this Part

A biosecurity official who is making a decision to exercise a power under certain provisions of this Act must first consider the principles set out in this Part.

The principles aim to ensure that the power is exercised only if exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised, is appropriate and adapted for its purpose, and is no more restrictive or intrusive than is required.

If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.

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.

 

Provisions to which decision‑making principles apply

Item

Power

Provision

1

Power of Director of Biosecurity to give approval for requiring high‑value goods to be destroyed

Subsection 136(2)

2

Power of Director of Biosecurity to give approval for a direction requiring an aircraft or vessel to be moved to a place outside Australian territory

Paragraph 206(3)(a)

3

Power of Director of Biosecurity to give approval to cause an aircraft or vessel to be moved to a place outside Australian territory

Paragraph 206(3)(b)

4

Power of Director of Biosecurity to give approval for a conveyance to be removed from Australian territory, destroyed or otherwise disposed of

Paragraph 209(5)(d)

5

Power of Director of Biosecurity to give approval for requiring a conveyance to be destroyed and for destroying it

Subsection 210(2) and paragraph 210(5)(e)

6

Power of Director of Biosecurity to give approval for a direction requiring an aircraft not to land at any landing place in Australian territory

Subsection 241(2)

7

Power of Director of Biosecurity to give approval for a direction requiring a vessel not to be moored at any port in Australian territory

Subsection 249(2)

8

Power of biosecurity officer or biosecurity enforcement officer to enter premises at a landing place or port in Australian territory

Subsection 252(2)

9

Power of Director of Biosecurity to give a direction about movement of a vessel that may have been involved in the commission of an offence against Chapter 5 (ballast water and sediment)

Section 303

10

Any power that may be exercised by a biosecurity official

Chapter 6 (managing biosecurity risks: monitoring, control and response)

11

Any power that may be exercised by a biosecurity official

Divisions 5 and 6 of Part 1 of Chapter 8 (biosecurity emergencies)

12

Any power that may be exercised by a biosecurity official

Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination)

13

Power of Director of Biosecurity to deal with an abandoned conveyance

Section 629

14

Power of Director of Biosecurity to deal with a forfeited conveyance

Section 630

Principles affecting decision‑making

             (2)  Before the biosecurity official makes the decision, the biosecurity official must be satisfied of all of the following:

                     (a)  that exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised;

                     (b)  that exercising the power is appropriate and adapted to achieve that purpose;

                     (c)  that the manner in which the power is to be exercised is no more restrictive or intrusive than is required in the circumstances;

                     (d)  if the power is to be exercised in relation to an individual—that the power is no more restrictive or intrusive than is required in the circumstances;

                     (e)  if the power is to be exercised during a period—that the period is only as long as is necessary.

Powers that are to be exercised in relation to a conveyance

             (3)  If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.

Exceptions to application of the principles

             (4)  Subsection (2) does not apply in relation to the making of a biosecurity control order or the making of a legislative instrument under Chapter 6 (including a biosecurity control order or a legislative instrument made under that Chapter in accordance with Division 5 or 6 of Part 1 of Chapter 8 (biosecurity emergencies)).

Note:          For principles affecting the exercise of a power under Chapter 2 (managing biosecurity risks: human health), see section 34.

Chapter 2Managing biosecurity risks: human health

Part 1General protections and listing human diseases

Division 1Introduction

33  Simplified outline of this Part

Division 2 contains protections for individuals in relation to whom powers are exercised under this Chapter.

Any person who exercises a power, or imposes a biosecurity measure, under this Chapter must first consider the principles set out in Division 2. The principles aim to ensure that a power is exercised, or biosecurity measure imposed, only when circumstances are sufficiently serious to justify it, and only if it would be effective, it is appropriate and adapted for its purpose, and it is no more restrictive or intrusive than is required. Division 2 also ensures that the requirements of this Chapter do not interfere with an individual’s urgent or life‑threatening medical needs, and sets out the protections that this Chapter provides for a child or incapable person who is subject to a requirement under this Chapter.

Powers in this Chapter are exercised only in relation to human diseases that cause significant harm to human health. Those diseases must be listed in a legislative instrument that is made by the Director of Human Biosecurity under Division 3.

Division 2Protections

Subdivision AGeneral protections

34  The principles

             (1)  This section applies (subject to subsections (3) and (4)) to a person who is making a decision to exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter, in order to manage the risk of:

                     (a)  contagion of a listed human disease; or

                     (b)  a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note:          A person may exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter during a human biosecurity emergency (see Part 2 of Chapter 8).

Principles affecting decision‑making

             (2)  Before the person makes the decision, the person must be satisfied of all of the following:

                     (a)  that exercising the power, or imposing the biosecurity measure, is likely to be effective in, or to contribute to, managing the risk;

                     (b)  that exercising the power, or imposing the biosecurity measure, is appropriate and adapted to manage the risk;

                     (c)  that the circumstances are sufficiently serious to justify exercising the power, or imposing the biosecurity measure;

                     (d)  that the power, or the biosecurity measure, is no more restrictive or intrusive than is required in the circumstances;

                     (e)  that the manner in which the power is to be exercised, or the biosecurity measure is to be imposed, is no more restrictive or intrusive than is required in the circumstances;

                      (f)  if the power is to be exercised or the biosecurity measure imposed during a period—that the period is only as long as is necessary.

             (3)  Subsection (2) does not apply in relation to the making of a legislative instrument under this Chapter in relation to a class of individuals.

             (4)  Subsection (2) does not apply in relation to the making of a decision to require answers to questions or written information under Division 6 of Part 2.

35  No interference with urgent or life‑threatening medical needs

                   The exercise of a power, or the imposition of a biosecurity measure, in relation to an individual under this Chapter must not interfere with any urgent or life‑threatening medical needs of the individual.

Subdivision BProtections for children or incapable persons

36  Child or incapable person may be accompanied

                   A child or incapable person who is subject to a requirement under this Chapter may be accompanied by an accompanying person for the child or incapable person.

Note:          This section is subject to section 41 (exception for requirement to remain at a place).

37  Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person

                 (1)   A child or incapable person who is not accompanied by an accompanying person must not be subject to a requirement under this Chapter unless a biosecurity officer, human biosecurity officer or chief human biosecurity officer has taken reasonable steps to contact a parent, guardian or next of kin of the child or incapable person.

Note:          This subsection is subject to subsection (2) and section 41 (exception for requirement to remain at a place).

             (2)  If the child or incapable person has urgent or life‑threatening medical needs, the officer must meet those needs first. However, the officer must take reasonable steps to contact the parent, guardian or next of kin of the child or incapable person as soon as possible after those needs have been met.

Requirements when contacting parent, guardian or next of kin

             (3)   On contacting the parent, guardian or next of kin, the officer must:

                            (a)   explain the effects of sections 36 and 39; and

                            (b)   allow an accompanying person to accompany the child or incapable person.

                 (4)   If a parent, guardian or next of kin indicates that he or she wishes the child or incapable person to be accompanied, the child or incapable person must not be subject to a requirement under this Chapter until an accompanying person for the child or incapable person accompanies the child or incapable person.

38  Requirement to comply with direction

             (1)  A biosecurity officer, human biosecurity officer or chief human biosecurity officer may give a direction to an accompanying person for a child or incapable person.

Note:          See also section 572 (general provisions relating to directions).

             (2)  The direction must be for the purpose of ensuring the compliance of the child or incapable person with a requirement under this Chapter.

             (3)  An accompanying person who is given a direction under subsection (1) must comply with the direction.

Fault‑based offence

             (4)  A person commits an offence if:

                     (a)  the person is an accompanying person; and

                     (b)  the person is given a direction under this section; and

                     (c)  the person fails to comply with the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

39  Parent, guardian or next of kin may authorise person to accompany child or incapable person

                         A parent, guardian or next of kin of a child or incapable person may authorise another person to be an accompanying person for the child or incapable person for the purposes of this Chapter.

40  Giving consent

             (1)  An accompanying person for a child or incapable person may give consent on behalf of the child or incapable person for the purposes of Part 3 of this Chapter (human biosecurity control orders).

             (2)  If the accompanying person gives his or her consent, then, for the purposes of that Part, the child or incapable person is taken to have given his or her consent.

             (3)  If the accompanying person does not give his or her consent, then, for the purposes of that Part, the child or incapable person is taken to have refused to give his or her consent.

41  Exception for requiring an individual to remain at a place

                   Despite section 36 and subsections 37(1) and (4), a child or incapable person may be required to remain at a place under section 68 without:

                     (a)  being accompanied by an accompanying person; or

                     (b)  an officer taking reasonable steps to contact a parent, guardian or next of kin in accordance with section 37.

Division 3Listing human diseases

42  Listing human diseases

             (1)  The Director of Human Biosecurity may, in writing, determine that a human disease is a listed human disease if the Director considers that the disease may:

                     (a)  be communicable; and

                     (b)  cause significant harm to human health.

             (2)  Before making a determination under this section, the Director of Human Biosecurity must consult with:

                     (a)  the chief health officer (however described) for each State and Territory; and

                     (b)  the Director of Biosecurity.

             (3)  A determination made under this section is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Part 2Preventing risks to human health

Division 1Introduction

43  Simplified outline of this Part

Division 2 allows the Health Minister to prescribe requirements in relation to individuals, and operators of certain aircraft or vessels, that are entering or leaving Australian territory.

Division 3 requires operators of incoming and outgoing passenger aircraft and vessels to provide 24/7 contact information.

Pratique is granted under Division 4 for incoming aircraft and vessels. Pratique allows things to be unloaded from, and persons to disembark from, aircraft or vessels. Pratique can be granted by force of this Act (positive pratique) or by a biosecurity officer (negative pratique).

Under Division 5, the Health Minister may determine certain biosecurity measures for the purposes of preventing a specified behaviour or practice that causes, or contributes to, the entry into, or the emergence, establishment or spread in, Australian territory or a part of Australian territory of a specified listed human disease. Regulations may prescribe requirements for destroying disease agents for listed human diseases on aircraft and vessels.

Certain officers and other persons can ask questions and require documents to be provided under Division 6 for various health‑related purposes.

Division 2Entry and exit requirements

44  Entry requirements

             (1)  This section applies for the purpose of preventing a listed human disease from entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.

             (2)  The Health Minister may determine one or more requirements for individuals who are entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of Chapter 4.

Note:          An individual who fails to comply with a requirement may contravene a civil penalty provision (see section 46).

             (3)  A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Where requirements apply

             (4)  The determination must specify where the requirements apply.

Kinds of determinations that may be specified

             (5)  Without limiting subsection (2), the determination may specify:

                     (a)  requirements for all individuals, or classes of individuals; and

                     (b)  specific requirements in relation to specified listed human diseases; and

                     (c)  general requirements in relation to listed human diseases generally; and

                     (d)  requirements relating to the manner in which an individual must comply with a requirement.

             (6)  Without limiting subsection (2), the determination may specify one or more of the following requirements:

                     (a)  a requirement for an individual to provide either:

                              (i)  a declaration as to whether the individual has received a specified vaccination or other prophylaxis within a specified previous period; or

                             (ii)  evidence that the individual has received a specified vaccination or other prophylaxis within a specified previous period;

                     (b)  a requirement for an individual to complete a questionnaire on his or her health, which may include confirmation of whether the individual is undergoing or has undergone specified treatment within a specified previous period;

                     (c)  a requirement for an individual to provide a declaration in relation to a specified listed human disease;

                     (d)  a requirement for an individual to provide a declaration or evidence of where the individual has been before entering Australian territory;

                     (e)  a requirement for an individual to be screened (whether by requiring the individual to be screened by equipment, by providing a declaration, or in any other way).

Note 1:       An officer has certain powers in relation to an individual who fails to comply with a requirement in subsection (6) (see section 60 (imposing a human biosecurity control order on an individual)).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 3:       This section is not subject to the privilege against self‑incrimination (see section 635).

             (7)  A determination must not specify as a requirement a biosecurity measure described in Subdivision B of Division 3 of Part 3 (biosecurity measures that may be included in a human biosecurity control order).

45  Exit requirements

             (1)  This section applies for the following purposes:

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

                     (b)  if a recommendation has been made to the Health Minister by the World Health Organization under Part III of the International Health Regulations—purposes relating to that recommendation.

             (2)  The Health Minister may determine one or more requirements:

                     (a)  for individuals who are leaving Australian territory; or

                     (b)  for operators of outgoing passenger aircraft or vessels.

Note:          A person who fails to comply with a requirement may contravene a civil penalty provision (see section 46).

             (3)  A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Where requirements apply

             (4)  The determination must specify where the requirements apply.

Kinds of determinations that may be specified

             (5)  Without limiting subsection (2), the determination may specify:

                     (a)  requirements for all individuals or operators, or classes of individuals or operators; and

                     (b)  specific requirements in relation to specified listed human diseases; and

                     (c)  general requirements in relation to listed human diseases generally; and

                     (d)  requirements relating to the manner in which an individual or operator must comply with a requirement.

             (6)  Without limiting subsection (2), the determination may specify one or more of the following requirements:

                     (a)  a requirement for an operator of an outgoing passenger aircraft or vessel to provide to passengers, who are intending to leave Australian territory on the operator’s aircraft or vessel, specified information about the risks to human health associated with travelling;

                     (b)  a requirement for an operator of an outgoing passenger aircraft or vessel to report to a human biosecurity officer or a chief human biosecurity officer if the operator observes that any passenger intending to leave Australian territory on the operator’s aircraft or vessel has signs or symptoms of a listed human disease;

                     (c)  a requirement for an operator of an outgoing passenger aircraft or vessel to treat the aircraft or vessel in a specified manner;

                     (d)  a requirement for an individual to provide either:

                              (i)  a declaration as to whether the individual has received a specified vaccination or other prophylaxis within a specified previous period; or

                             (ii)  evidence that the individual has received a specified vaccination or other prophylaxis within a specified previous period;

                     (e)  a requirement for an individual to complete a questionnaire on his or her health, which may include confirmation as to whether the individual is undergoing, or has undergone, specified treatment within a specified previous period;

                      (f)  a requirement for an individual to provide a declaration in relation to a specified listed human disease;

                     (g)  a requirement for an individual to provide a declaration or evidence of where the individual has been before leaving Australian territory;

                     (h)  a requirement for an individual to be screened (whether by requiring the individual to be screened by equipment, by providing a declaration, or in any other way).

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       This section is not subject to the privilege against self‑incrimination (see section 635).

             (7)  A determination must not specify as a requirement a biosecurity measure described in Subdivision B of Division 3 of Part 3 (biosecurity measures that may be included in a human biosecurity control order).

46  Civil penalties for failing to comply with certain entry and exit requirements

Civil penalty for failing to comply with entry requirement

             (1)  An individual to whom a requirement determined under section 44 (entry requirements) applies must comply with the requirement.

Civil penalty:          30 penalty units.

Civil penalty for failing to comply with exit requirements

             (2)  An operator of an outgoing passenger aircraft or vessel to whom a requirement under paragraph 45(6)(c) (manner of treating aircraft or vessel) applies must comply with the requirement.

Civil penalty:          30 penalty units.

             (3)  An individual to whom a requirement under paragraph 45(6)(d), (e), (f), (g) or (h) (exit requirements) applies must comply with the requirement.

Civil penalty:          30 penalty units.

Contraventions by individuals who are not able to comply

             (4)  To avoid doubt, an individual may contravene subsection (1) or (3) of this section even if the individual is not able to comply with the requirement.

Division 3Contact information for operators

47  Requirements for operators to provide 24/7 contact information

             (1)  This section applies for the purposes of:

                     (a)  preventing a listed human disease from entering, or establishing itself or spreading in, Australian territory or a part of Australian territory; or

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

             (2)  The operator of an incoming passenger aircraft or vessel, or an outgoing passenger aircraft or vessel, must provide the Director of Human Biosecurity with the prescribed contact information for an individual nominated by the operator.

Civil penalty:          120 penalty units.

             (3)  The individual whose contact information is provided under subsection (2) must be reasonably able to be contacted at any time.

             (4)  The operator must ensure that the contact information provided is kept up‑to‑date.

Civil penalty:          120 penalty units.

             (5)  The contact information must be provided in the manner prescribed by the regulations (if any).

Civil penalty:          120 penalty units.

Division 4Pratique

48  Positive pratique

                 (1)   An operator of an incoming aircraft or vessel that arrives at a landing place or port in Australian territory in accordance with Division 2 or 3 of Part 4 of Chapter 4 must not allow:

                     (a)  any thing to be unloaded from or loaded onto the aircraft or vessel; or

                     (b)  any person to disembark from or embark onto the aircraft or vessel;

unless pratique has been granted under subsection (2) or 49(4).

Civil penalty:          120 penalty units.

Note:          Even if pratique has been granted, a person may still be prevented from unloading goods under Division 6 of Part 1 of Chapter 3.

                 (2)   Pratique is granted in relation to an incoming aircraft or vessel by force of this subsection at the time the aircraft or vessel arrives at a landing place or port in Australian territory, unless the aircraft or vessel is in a class of aircraft or vessels specified for the purposes of paragraph 49(1)(a).

             (3)  Subsection (1) does not apply to the unloading or loading of a thing, or the disembarkation or embarkation of a person, that is authorised by or under this Act or another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

49  Negative pratique

                  (1)   The Director of Human Biosecurity may specify, in writing:

                            (a)   classes of incoming aircraft or vessels in relation to which pratique is to be granted by a biosecurity officer; and

                            (b)   the requirements with which an incoming aircraft or vessel in that class must comply for pratique to be granted by a biosecurity officer.

             (2)  An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

             (3)  Requirements specified for the purposes of paragraph (1)(b) must be consistent with Articles 28.2 and 43 of the International Health Regulations.

                  (4)   A biosecurity officer may grant pratique, orally or in writing, in relation to an incoming aircraft or vessel in a particular class of incoming aircraft or vessel if the aircraft or vessel complies with the requirements specified for the purposes of paragraph (1)(b) for that class of aircraft or vessel.

             (5)  If a biosecurity officer orally grants pratique in relation to an incoming aircraft or vessel, he or she must make a written record of the grant as soon as practicable after the aircraft or vessel arrives at:

                     (a)  its first point of entry; or

                     (b)  another landing place where the aircraft is permitted under subsection 239(2) to land; or

                     (c)  another port where the vessel is permitted under subsection 247(2) to moor.

             (6)  An instrument made under subsection (4) or (5) is not a legislative instrument.

50  Pre‑departure reporting

                  (1)   The Director of Human Biosecurity may, in writing, specify information that is required to be provided by operators of specified outgoing aircraft or vessels.

Note:          For reporting in relation to incoming aircraft or vessels, see section 193.

             (2)  An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

                  (3)   The Director of Human Biosecurity may specify in the legislative instrument the manner in which, and the period during which, the information is required to be provided.

Incomplete or incorrect information

                  (4)   If the operator or the person in charge of an aircraft or vessel becomes aware that:

                     (a)  information was required to be provided under this section in relation to the aircraft or vessel; and

                     (b)  either:

                              (i)  the information provided in relation to the aircraft or vessel is incomplete or incorrect; or

                             (ii)  no information was provided;

the operator must provide the additional or correct information in the manner specified under subsection (3) as soon as reasonably practicable.

Civil penalty

                  (5)   An operator who is required to provide information in accordance with this section must comply with the requirement.

Civil penalty:          120 penalty units.

Division 5Preventative biosecurity measures

51  Determining preventative biosecurity measures

             (1)  This section applies for the purposes of preventing a behaviour or practice that:

                     (a)  may cause a listed human disease to enter, or emerge, establish itself or spread in, Australian territory or a part of Australian territory; or

                     (b)  may contribute to a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

             (2)  The Health Minister may make a determination that specifies any one or more of the following biosecurity measures to be taken by specified classes of persons:

                     (a)  banning or restricting a behaviour or practice;

                     (b)  requiring a behaviour or practice;

                     (c)  requiring a specified person to provide a specified report or keep specified records;

                     (d)  conducting specified tests on specified goods.

Note 1:       A person who fails to comply with a biosecurity measure may contravene a civil penalty provision (see section 52).

Note 2:       The Director of Human Biosecurity may authorise State or Territory officers or employees to be biosecurity enforcement officers for the purposes of ensuring compliance with biosecurity measures that are specified (see sections 548 and 549).

             (3)  The determination must specify the behaviour or practice, and the listed human disease, referred to in subsection (1).

             (4)  A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

             (5)  A biosecurity measure must not be specified in a determination unless the Health Minister is satisfied that the biosecurity measure is appropriate and adapted to prevent, or reduce the risk of, the disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Period of determination

             (6)  A determination must specify the period during which it is in force, which must not be more than 1 year.

Consultations before making determination

             (7)  Before making a determination, the Health Minister must consult with:

                     (a)  the Minister of each State and Territory with responsibility for human health; and

                     (b)  the Director of Biosecurity.

52  Civil penalty for failing to comply with a preventative biosecurity measure

                   A person to whom a biosecurity measure specified in accordance with subsection 51(2) applies must comply with the biosecurity measure.

Civil penalty:          120 penalty units.

53  Requirements to destroy disease agents on incoming or outgoing aircraft or vessels

                   The regulations may prescribe measures to be taken by operators of incoming aircraft or vessels or outgoing aircraft or vessels to destroy disease agents that:

                     (a)  have the potential to cause, directly or indirectly, a listed human disease; and

                     (b)  may exist on the aircraft or vessels.

Division 6Information gathering powers

54  Who may ask questions and require written information

             (1)  The following persons may require answers to questions, or written information, under this Division:

                     (a)  the Director of Human Biosecurity;

                     (b)  a chief human biosecurity officer;

                     (c)  a human biosecurity officer;

                     (d)  a biosecurity officer;

                     (e)  a person referred to in subsection 103(3) (detention).

Note 1:       An individual who fails to comply with a requirement under this Division may commit an offence (see section 58).

Note 2:       Before exercising a power under this Division, a person must be satisfied of the matters referred to in section 34 (the principles).

Note 3:       This Division is not subject to the privilege against self‑incrimination (see section 635).

Note 4:       This Division constitutes an authorisation for the purposes of other laws, such as the Privacy Act 1988.

             (2)  A person referred to in subsection (1) is taken to be an officer for the purposes of this Division.

55  Asking questions and requiring answers from particular individuals

             (1)  An officer may require an individual to answer questions, or provide written information, if:

                     (a)  a human biosecurity control order is in force in relation to the individual; or

                     (b)  the individual is in a human health response zone.

Note 1:       If written information is required, see section 57.

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

             (2)  The requirement under subsection (1) must be for the purposes of determining the level of risk to human health associated with the individual.

56  Asking questions and requiring answers from any individual

             (1)  An officer may require any individual to answer questions, or provide written information, if:

                     (a)  the officer is satisfied that an individual (the relevant individual) has one or more signs or symptoms of a listed human disease; or

                     (b)  the officer is satisfied that an individual (also the relevant individual) has been exposed to:

                              (i)  a listed human disease; or

                             (ii)  another individual who has one or more signs or symptoms of a listed human disease; or

                     (c)  the questions asked or information sought relates to:

                              (i)  human remains; or

                             (ii)  an individual who died in transit before arriving in Australian territory; or

                            (iii)  an individual who died on arrival in Australian territory.

Note 1:       If written information is required, see section 57.

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

             (2)  The requirement under subsection (1) must be for the purposes of:

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

                     (b)  preventing a listed human disease from spreading to another country; or

                     (c)  if paragraph (1)(a) or (b) applies—determining the level of risk to human health associated with the relevant individual.

57  Requiring an individual to provide written information

             (1)  An officer may require an individual to provide written information under this Division:

                     (a)  by giving the individual a notice that requires the individual to provide the written information; or

                     (b)  by asking the individual orally to provide the written information.

             (2)  An officer may require written information under this Division to be provided within a specified period or immediately.

58  Offence for failing to comply with a requirement

                   A person commits an offence of strict liability if:

                     (a)  the person is required to answer a question, or provide written information, under this Division; and

                     (b)  the person fails to answer the question or provide the information as required.

Note:          For offences of strict liability, see section 6.1 of the Criminal Code.

Penalty:  60 penalty units.

Part 3Managing risks to human health: human biosecurity control orders

Division 1Introduction

59  Simplified outline of this Part

Under Division 2, a human biosecurity control order can be imposed on an individual if the individual may have a listed human disease.

A human biosecurity control order that is in force in relation to an individual may require the individual to comply with certain biosecurity measures. Division 3 sets out what those measures are, and they include vaccination, restricting the individual’s behaviour and ordering the individual to remain isolated.

An individual may consent to a biosecurity measure included in a human biosecurity control order that is in force in relation to the individual.

An individual who refuses to consent to such a measure (other than an isolation measure or traveller movement measure) is not required to comply unless a direction has been given by the Director of Human Biosecurity requiring the individual to do so. An individual must comply with an isolation measure or a traveller movement measure for the first 72 hours while a direction from the Director of Human Biosecurity is being sought. After that time, the individual is required to comply with the measure only if a direction is given by the Director.

Biosecurity measures that are included in a human biosecurity control order are treated in one of 2 ways. For some biosecurity measures, an individual who is given a direction from the Director of Human Biosecurity to comply with the measure must do so immediately. For other biosecurity measures, an individual is given a period to apply for judicial review before being required to comply with the measure.

Division 2Imposing human biosecurity control orders on individuals

Subdivision AImposing, varying and revoking human biosecurity control orders

60  Imposing a human biosecurity control order on an individual

             (1)  The following officers may impose a human biosecurity control order on an individual:

                     (a)  a chief human biosecurity officer;

                     (b)  a human biosecurity officer;

                     (c)  a biosecurity officer.

Note 1:       An officer who intends to impose a human biosecurity control order on an individual has certain powers under sections 68 and 69.

Note 2:       Before imposing a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 3:       The Director of Human Biosecurity must be notified of the imposition of a human biosecurity control order (see section 67).

             (2)  A human biosecurity control order may be imposed on an individual only if the officer is satisfied that:

                     (a)  the individual has one or more signs or symptoms of a listed human disease; or

                     (b)  the individual has been exposed to:

                              (i)  a listed human disease; or

                             (ii)  another individual who has one or more signs or symptoms of a listed human disease; or

                     (c)  the individual has failed to comply with an entry requirement in subsection 44(6) in relation to a listed human disease.

             (3)  To avoid doubt, an individual may fail to comply with an entry requirement in subsection 44(6) even if the individual is not able to comply with the requirement.

             (4)  An officer may include one or more biosecurity measures specified in Subdivision B of Division 3 in a human biosecurity control order.

Note:          For the biosecurity measures that each kind of officer can impose, see section 82.

61  Contents of a human biosecurity control order

             (1)  A human biosecurity control order that is in force in relation to an individual must specify the following:

                     (a)  the ground in subsection 60(2) under which the order is imposed on the individual;

                     (b)  the listed human disease in relation to which the order is imposed on the individual;

                     (c)  any signs or symptoms of the listed human disease;

                     (d)  the prescribed contact information provided by the individual under section 69 or 70 (as the case requires);

                     (e)  a unique identifier for the order;

                      (f)  each biosecurity measure (specified in Subdivision B of Division 3) with which the individual must comply, and an explanation of:

                              (i)  why each biosecurity measure is required; and

                             (ii)  in relation to a biosecurity measure included under section 89 (decontamination), 90 (examination), 91 (body samples) or 92 (vaccination or treatment)—how the biosecurity measure is to be undertaken;

                     (g)  any information required to be included in the order by Subdivision B of Division 3;

                     (h)  the period during which the order is in force, which must not be more than 3 months;

                      (i)  the following:

                              (i)  the effect of section 70 (requirement to notify of changes to contact information);

                             (ii)  the effect of section 74 (when an individual is required to comply with a biosecurity measure);

                            (iii)  the rights of review in relation to the human biosecurity control order under this Act, the Administrative Appeals Tribunal Act 1975 and the Administrative Decisions (Judicial Review) Act 1977;

                            (iv)  the effect of section 107 (offence for failing to comply with an order);

                      (j)  details of a chief human biosecurity officer who can be contacted for information and support in relation to the order;

                     (k)  any other information that the officer imposing the order considers appropriate;

                      (l)  any other information required by the regulations.

Note:          Despite paragraph (1)(h), an individual might be required to comply with a biosecurity measure for a more limited period of time (see for example section 96 (traveller movement measure)).

             (2)  If a human biosecurity control order ceases to be in force, paragraph (1)(h) does not prevent another human biosecurity control order from being imposed on the same individual.

             (3)  To avoid doubt, a human biosecurity control order that is varied must comply with subsection (1).

62  Form of a human biosecurity control order

             (1)  A human biosecurity control order must be in the form approved, in writing, by the Director of Human Biosecurity.

             (2)  A human biosecurity control order is not a legislative instrument.

63  Giving a human biosecurity control order to an individual

             (1)  An officer who imposes a human biosecurity control order on an individual must cause the individual to be given a copy of the order as soon as reasonably practicable.

             (2)  The officer who imposes the order on the individual must ensure that the contents of the order are read out to the individual.

             (3)  The order ceases to be in force if:

                     (a)  a copy of the order is not given to the individual within 24 hours of the order beginning to be in force; or

                     (b)  the contents of the order are not read out in accordance with subsection (2).

64  Varying a human biosecurity control order

Who may vary a human biosecurity control order

             (1)  The following officers may vary a human biosecurity control order in accordance with this section:

                     (a)  a chief human biosecurity officer;

                     (b)  a human biosecurity officer;

                     (c)  a biosecurity officer (subject to subsection 82(2)).

Note 1:       Before varying a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 2:       The Director of Human Biosecurity must be notified of a variation of a human biosecurity control order (see section 67).

Test for varying human biosecurity control order

             (2)  An officer may vary a human biosecurity control order only if the officer is satisfied that:

                     (a)  the variation contributes to reducing the risk of:

                              (i)  contagion of a listed human disease; or

                             (ii)  a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory; or

                     (b)  the variation removes or varies a provision that no longer contributes to reducing such a risk; or

                     (c)  the variation is of a minor technical nature.

When variation takes effect

             (3)  A variation of a human biosecurity control order takes effect immediately after the variation is made.

65  Giving notice of a variation of a human biosecurity control order

             (1)  An officer who varies a human biosecurity control order that is in force in relation to an individual must cause the individual to be given a copy of the varied order as soon as reasonably practicable.

             (2)  The officer who varies the order must ensure that the variations of the order are read out to the individual.

             (3)  The order ceases to be in force if:

                     (a)  a copy of the varied order is not given to the individual within 24 hours of the variation taking effect; or

                     (b)  the variations of the order are not read out in accordance with subsection (2).

66  Revoking a human biosecurity control order

             (1)  A chief human biosecurity officer or a human biosecurity officer may, by notice, revoke a human biosecurity control order that is in force in relation to an individual only if the officer is satisfied that:

                     (a)  the individual is not at risk of contagion; or

                     (b)  the order no longer contributes to reducing the risk of a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note:          The Director of Human Biosecurity must be notified of a revocation of a human biosecurity control order (see section 67).

             (2)  A revocation takes effect immediately.

Giving notice of revocation

             (3)  An officer who revokes a human biosecurity control order that is in force in relation to an individual must cause the individual to be given a copy of the notice revoking the order.

67  Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order

                   An officer must notify the Director of Human Biosecurity, as soon as reasonably practicable, if the officer:

                     (a)  imposes a human biosecurity control order on an individual; or

                     (b)  varies or revokes a human biosecurity control order.

Subdivision BPowers if officer intends to impose human biosecurity control order

68  Requiring an individual to remain at a place

             (1)  An officer who intends to impose a human biosecurity control order on an individual may require the individual to remain, for a period of no more than 6 hours, at the place where the individual was when the officer became satisfied that a human biosecurity control order should be imposed on the individual.

Note 1:       A non‑Australian citizen who is required to remain at a place is entitled to consular assistance under section 102.

Note 2:       A person who does not comply with the requirement to remain at a place may be detained under Subdivision B of Division 4.

             (2)  Once the period has ended, the individual must not be required under subsection (1) to remain at that place any longer.

Note:          However, the individual may be required under subsection 74(4) to remain at that place in order to comply with an isolation measure.

69  Providing contact information

             (1)  An officer who intends to impose a human biosecurity control order on an individual may require the individual to provide the officer with prescribed contact information for the individual.

             (2)  The individual must comply with the requirement immediately.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       This section is not subject to the privilege against self‑incrimination (see section 635).

Offence

             (3)  An individual commits an offence if:

                     (a)  the individual is required to provide an officer with contact information under this section; and

                     (b)  the individual fails to comply with the requirement.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

70  Requirement for an individual to notify changes to contact information

             (1)  An individual in relation to whom a human biosecurity control order is in force must, as soon as reasonably practicable, notify the chief human biosecurity officer referred to in paragraph 61(1)(j) if any of the prescribed contact information provided by the individual under section 69 changes.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       This section is not subject to the privilege against self‑incrimination (see section 635).

Offence

             (2)  An individual commits an offence if:

                     (a)  the individual is required to notify a chief human biosecurity officer of a change under subsection (1); and

                     (b)  the individual fails to notify the officer of the change.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

Subdivision CWhen an individual is required to comply with a biosecurity measure

71  Consenting to a biosecurity measure

             (1)  This section applies in relation to a biosecurity measure that is included in a human biosecurity control order that is in force in relation to an individual.

Consent

             (2)  The individual may consent to the measure. If it is practicable to do so, the consent must be recorded in writing on the human biosecurity control order.

Note:          An accompanying person may give consent for a child or incapable person (see section 40).

Refusal to consent

             (3)  If the individual refuses to consent to the measure (including by withdrawing his or her consent), a chief human biosecurity officer, human biosecurity officer or biosecurity officer may request the Director of Human Biosecurity to give a direction in accordance with paragraph 72(5)(a) for the individual to comply with the measure.

Note:          For when the individual is required to comply with the measure, see section 74.

72  Director of Human Biosecurity may give direction requiring compliance

             (1)  This section applies if:

                     (a)  an officer requests, under subsection 71(3), the Director of Human Biosecurity to give a direction in accordance with paragraph (5)(a) of this section for an individual to comply with a biosecurity measure included in a human biosecurity control order; or

                     (b)  all of the following apply:

                              (i)  the Director of Human Biosecurity gives a direction in accordance with paragraph (5)(a) of this section for an individual to comply with a biosecurity measure included in a human biosecurity control order under section 86 (contacting officer with health status), 87 (restricting behaviour), 88 (risk minimisation interventions), 93 (medication) or 97 (isolation measure);

                             (ii)  at the end of 25 days after the day the direction is given, the direction is still in force (see section 73);

                            (iii)  the individual still refuses to consent to the biosecurity measure.

Review of measure

             (2)  The Director of Human Biosecurity must review the following matters:

                     (a)  the diagnosis (if any) of the listed human disease specified in the human biosecurity control order;

                     (b)  the inclusion (or, in the case of paragraph (1)(b), the continued inclusion) of the biosecurity measure in the human biosecurity control order.

             (3)  In conducting the review, the Director of Human Biosecurity:

                     (a)  must take into account:

                              (i)  any reason the individual gives for refusing to consent to the measure; and

                             (ii)  any factors that may affect the health of the individual; and

                     (b)  may take into account any other matter that the Director of Human Biosecurity considers relevant.

Test for giving direction

             (4)  The Director of Human Biosecurity may give a direction for an individual to comply with a biosecurity measure only if the Director is satisfied, on reasonable grounds, that the biosecurity measure contributes to reducing the risk of:

                     (a)  contagion of the listed human disease; or

                     (b)  the listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note 1:       Before giving a direction, the Director must be satisfied of the matters referred to in section 34 (the principles).

Note 2:       If an individual refuses to comply with a direction given under this section, the Director of Human Biosecurity may be able to apply for an injunction under Part 7 of the Regulatory Powers Act as it applies in relation to this Act.

Giving notice of outcome of review

             (5)  Within 72 hours of the time referred to in subsection (6), the Director must cause a notice to be given to the individual that:

                     (a)  directs the individual to comply with the measure; or

                     (b)  informs the individual that he or she is not required to comply with the measure.

Note 1:       An individual may be able to apply for merits or judicial review of a decision to give a direction in accordance with paragraph (5)(a) (see section 76 of this Act and the Administrative Decisions (Judicial Review) Act 1977).

Note 2:       After giving a direction in accordance with paragraph (5)(a), the Director of Human Biosecurity has certain obligations under section 75 in relation to an individual’s right to apply to the Administrative Appeals Tribunal for review of the decision to give the direction.

             (6)  For the purposes of subsection (5), the time is:

                     (a)  if paragraph (1)(a) applies (other than in relation to an isolation measure or a traveller movement measure)—the time when the request is made; or

                     (b)  if paragraph (1)(a) applies in relation to an isolation measure or a traveller movement measure—the time when the individual refuses to consent to the measure; or

                     (c)  if paragraph (1)(b) applies—12 am on the 26th day (whether or not that day is a business day) after the day the direction is given.

Note:          For the definition of business day, see section 2B of the Acts Interpretation Act 1901.

             (7)  The notice must include:

                     (a)  the time and the day the notice is given; and

                     (b)  the reasons for the decision to give the notice.

73  When direction to comply with biosecurity measure ceases to be in force

                   A direction given in accordance with paragraph 72(5)(a) for an individual to comply with a biosecurity measure included in a human biosecurity control order ceases to be in force if:

                     (a)  the period of 28 days after the day the direction was given ends; or

                     (b)  a new notice is given to the individual in accordance with either paragraph 72(5)(a) or (b); or

                     (c)  the measure is removed from the human biosecurity control order; or

                     (d)  the individual makes an application under the Administrative Decisions (Judicial Review) Act 1977 for an order of review of a decision to give a direction in accordance with paragraph 72(5)(a), the application is finally determined, and as a result of the order made in relation to the application the individual is not required to comply with the measure; or

                     (e)  in relation to an isolation measure or a traveller movement measure—the decision to give the direction is set aside by the Administrative Appeals Tribunal; or

                      (f)  in relation to a traveller movement measure—the measure ceases to be in force; or

                     (g)  in any case—the human biosecurity control order ceases to be in force.

74  When individual is required to comply with a biosecurity measure

Biosecurity measures where compliance is not required before review period has ended

             (1)  Subsection (2) sets out when an individual is required to comply with a biosecurity measure included, under one of the following sections, in a human biosecurity control order that is in force in relation to the individual:

                     (a)  section 85 (managing contacts);

                     (b)  section 89 (decontamination);

                     (c)  section 90 (examination);

                     (d)  section 91 (body samples);

                     (e)  section 92 (vaccination or treatment).

             (2)  The individual is required to comply with the measure only if:

                     (a)  the individual consents to the measure; or

                     (b)  the Director of Human Biosecurity has given a direction for the individual to comply with the measure in accordance with paragraph 72(5)(a), and either:

                              (i)  the period of 7 business days referred to in section 80 has ended, and the individual has not made an application under the Administrative Decisions (Judicial Review) Act 1977; or

                             (ii)  the individual has made an application in accordance with section 80 for an order of review of the decision to give the direction, the application has been finally determined, and as a result of the order made in relation to the application the individual is required to comply with the measure.

Note 1:       A person who fails to comply with a biosecurity measure that the person is required to comply with may commit an offence (see section 107).

Note 2:       For expenses incurred in complying with a human biosecurity control order, see section 108.

Note 3:       Generally, force must not be used to require compliance with a biosecurity measure (see section 95).

Biosecurity measures where compliance is required without review

             (3)  Subsection (4) sets out when an individual is required to comply with a biosecurity measure included, under one of the following sections, in a human biosecurity control order that is in force in relation to the individual:

                     (a)  section 86 (contacting officer with health status);

                     (b)  section 87 (restricting behaviour);

                     (c)  section 88 (risk minimisation interventions);

                     (d)  section 93 (medication);

                     (e)  section 96 (traveller movement measure);

                      (f)  section 97 (isolation measure).

             (4)  The individual is required to comply with the measure only if:

                     (a)  the individual consents to the measure; or

                     (b)  both of the following apply:

                              (i)  the Director of Human Biosecurity has given a direction for the individual to comply with the measure in accordance with paragraph 72(5)(a);

                             (ii)  the direction is still in force (see section 73); or

                     (c)  if the measure is an isolation measure or a traveller movement measure—the individual refuses to consent to the measure, and the period of 72 hours from the time when the individual refused to consent to the measure has not yet ended.

Note 1:       A person who fails to comply with a biosecurity measure that the person is required to comply with may commit an offence (see section 107).

Note 2:       An individual who has applied for merits or judicial review of a decision to give a direction requiring the individual to comply with a biosecurity measure referred to in subsection (3) must comply with the direction while the review is occurring.

Note 3:       A person who does not comply with an isolation measure that the person is required to comply with may be detained under Subdivision B of Division 4.

Subdivision DAAT review of isolation and traveller movement measures

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

             (1)  As soon as possible after the Director of Human Biosecurity gives a direction in accordance with paragraph 72(5)(a) for an individual to comply with an isolation measure, the Director must:

                     (a)  inform the individual of the individual’s right to apply under section 76 to the Administrative Appeals Tribunal for review of the decision to give the direction; and

                     (b)  inform the individual that the individual may communicate, or attempt to communicate, with anyone in relation to that right; and

                     (c)  if the individual wishes to apply to the Tribunal for review of the decision, or to communicate in relation to that right—ensure that the individual is provided with reasonable facilities to enable him or her to do so.

             (2)  If the individual makes an application under section 76 for review of the decision to give the direction, the Director of Human Biosecurity must ensure that the individual is also given reasonable facilities to enable the individual to participate in the proceeding.

76  Applications

             (1)  An application may be made to the Administrative Appeals Tribunal for review of a decision of the Director of Human Biosecurity to give a direction in accordance with paragraph 72(5)(a) for an individual to comply with an isolation measure or a traveller movement measure (whether or not the direction is still in force).

Note:          For when the direction ceases to be in force, see section 73.

             (2)  Despite paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975, the application must be made within 7 business days after the day the decision is made.

Applications to cover later decisions

             (3)  Subsection (4) applies if:

                     (a)  an application is made under subsection (1) in relation to a decision (the first decision) of the Director of Human Biosecurity to give a direction to an individual in accordance with paragraph 72(5)(a); and

                     (b)  while the Administrative Appeals Tribunal is reviewing the first decision, the Director of Human Biosecurity makes a decision (the later decision) to give another direction to the individual in accordance with that paragraph; and

                     (c)  the Tribunal does not give the individual a notice under subsection (5).

             (4)  The application that relates to the first decision is also taken to have been made in relation to the later decision for the following purposes:

                     (a)  the purposes of this Subdivision, other than subsections 77(2) and 78(1);

                     (b)  the purposes of the Administrative Appeals Tribunal Act 1975.

             (5)  The Administrative Appeals Tribunal may give a notice to the individual requiring the individual to make a separate application in relation to the later decision if the Tribunal is satisfied that it is reasonable in all the circumstances to do so.

77  Reasons and documents

             (1)  Section 28 (obtaining reasons for decision) and subsections 37(1) to (1D) (lodging documents) of the Administrative Appeals Tribunal Act 1975 do not apply in relation to a decision to which an application under subsection 76(1) relates.

Note:          Under subsection 76(4), an application under subsection 76(1) may be taken to also relate to a later decision.

Notification of application

             (2)  The Director of Human Biosecurity must be notified under subsection 29(11) of the Administrative Appeals Tribunal Act 1975 of an application for review of a decision referred to in subsection 76(1) of this Act as soon as possible after the application is received by the Administrative Appeals Tribunal.

Notification of later decision

             (3)  The Director of Human Biosecurity must notify the Administrative Appeals Tribunal as soon as practicable after making a later decision referred to in paragraph 76(3)(b).

Requirement to lodge documents

             (4)  The Director of Human Biosecurity must lodge with the Administrative Appeals Tribunal and the individual to whom the direction is given:

                     (a)  the reasons for a decision to which an application under subsection 76(1) relates; and

                     (b)  every other document or part of a document that is:

                              (i)  in the Director’s possession or under his or her control; and

                             (ii)  relevant to the review of the decision by the Tribunal.

             (5)  Reasons and documents, or parts of documents, must be lodged under subsection (4):

                     (a)  as soon as possible after the following time (as the case requires):

                              (i)  the time when the Director of Human Biosecurity is notified of an application for review of a decision referred to in subsection 76(1);

                             (ii)  the time when the Director of Human Biosecurity makes a later decision referred to in paragraph 76(3)(b); and

                     (b)  in any case:

                              (i)  before the end of the second business day after that time; or

                             (ii)  within any further period as the Tribunal determines (whether orally or in writing).

78  Time period for making a decision

             (1)  Within 7 days after receiving an application under subsection 76(1) for review of a decision, the Administrative Appeals Tribunal must (subject to this section) make a decision on the review.

Extending the time period

             (2)  Before the end of that 7‑day period, the Administrative Appeals Tribunal may extend the period for making the decision on the review if the Tribunal is satisfied that it is reasonable in all the circumstances to do so. The Tribunal may only extend the period once.

             (3)  If the Administrative Appeals Tribunal extends the period under subsection (2) in relation to an application, the Tribunal must make a decision on the review to which the application relates by the end of the period as extended.

Note:          Under subsection 76(4), the application may be taken to also relate to a later decision. The Tribunal must make a decision on the review in relation to all decisions to which the application relates by the end of the period as extended.

Deemed decision

             (4)  If the Administrative Appeals Tribunal does not make a decision in accordance with subsection (1) or (3) (as the case requires), the Tribunal is taken, at the end of the period referred to in that subsection, to have made a decision under section 43 of the Administrative Appeals Tribunal Act 1975 to affirm the decision under review.

No time period for making decision if direction has ceased to be in force

             (5)  The Administrative Appeals Tribunal is not required to make a decision within any specified time period, and is not taken to have made a decision under subsection (4) of this section, if:

                     (a)  an application under subsection 76(1) relates to a decision to give a direction to an individual; and

                     (b)  the direction has ceased to be in force; and

                     (c)  there is no other direction referred to in paragraph 76(3)(b) given to the individual that is still in force.

Note:          For when a direction ceases to be in force, see section 73.

79  Limitation on Administrative Appeals Tribunal power to stay etc. decisions

                   Despite subsections 41(2) to (6) of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal may not make any order staying or otherwise affecting the operation or implementation of a decision to give a direction in accordance with paragraph 72(5)(a).

Subdivision EOther 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

             (1)  An application may be made under the Administrative Decisions (Judicial Review) Act 1977, for an order of review of a decision to give a direction in accordance with paragraph 72(5)(a) of this Act, within:

                     (a)  7 business days from the day the decision is made; or

                     (b)  any further period as the court concerned allows (whether before or after the end of the period referred to in paragraph (a) of this subsection).

             (2)  This section applies despite section 11 of the Administrative Decisions (Judicial Review) Act 1977.

81  Judicial review of isolation and traveller movement measures

             (1)  If judicial review is sought in relation to an isolation measure or traveller movement measure, the measure remains in force (subject to this Division) unless a court finally determines the validity of the decision in relation to which review is sought.

             (2)  This section has effect despite any other law.

Division 3Biosecurity measures that may be included in a human biosecurity control order

Subdivision AGeneral 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

Chief human biosecurity officers and human biosecurity officers

             (1)  A chief human biosecurity officer or human biosecurity officer may include any biosecurity measure set out in Subdivision B of this Division in a human biosecurity control order.

Note:          Under Division 6 of Part 2 of this Chapter, an officer may ask questions, or require written information, of an individual in relation to whom a human biosecurity control order is in force.

Biosecurity officers

             (2)  A biosecurity officer may include in a human biosecurity control order either of the biosecurity measures set out in the following provisions:

                     (a)  section 85 (managing contacts);

                     (b)  section 88 (risk minimisation interventions).

83  Informing individual of risks

             (1)  Before an officer includes one or more biosecurity measures in a human biosecurity control order that is or is to be in force in relation to an individual, the officer must take reasonable steps to inform the individual of the risk posed by the listed human disease specified in the order to:

                     (a)  the individual’s health; and

                     (b)  the health of the public.

             (2)  To avoid doubt, an officer must comply with subsection (1):

                     (a)  at the time of imposing the order; and

                     (b)  if the officer later varies the order to include a new biosecurity measure.

84  Test for including a biosecurity measure in a human biosecurity control order

                   An officer may include a biosecurity measure in a human biosecurity control order only if the officer is satisfied that the biosecurity measure contributes to managing the risk of:

                     (a)  contagion of a listed human disease; or

                     (b)  a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note 1:       Before including a biosecurity measure in a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 2:       For when an individual is required to comply with a biosecurity measure included in a human biosecurity control order, see Subdivision C of Division 2.

Subdivision BBiosecurity measures that may be included in a human biosecurity control order

85  Managing contacts

                   An individual may be required by a human biosecurity control order to provide to a specified biosecurity officer, human biosecurity officer or chief human biosecurity officer the prescribed contact information for any individual with whom the individual has been, or will be, in close proximity.

Note 1:       This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.

Note 2:       This section is not subject to the privilege against self‑incrimination (see section 635).

86  Contacting officer with health status

             (1)  An individual may be required by a human biosecurity control order to contact a specified human biosecurity officer or chief human biosecurity officer during a specified period to advise the officer of the individual’s health.

             (2)  The order:

                     (a)  must require the individual to report specified signs or symptoms of the listed human disease; and

                     (b)  may require the individual to report if specified signs or symptoms disappear.

87  Restricting behaviour

             (1)  An individual may be required by a human biosecurity control order to go to, and remain at, the individual’s intended place of residence for a specified period.

             (2)  Without limiting subsection (1), if an individual does not reside in Australian territory, the individual’s intended place of residence includes a place at which the individual intends to stay while in Australian territory.

             (3)  An individual may be required by a human biosecurity control order not to do either or both of the following for a specified period:

                     (a)  visit a specified place, or class of place, where there is an increased risk of contagion of the listed human disease;

                     (b)  come into close proximity with a specified class of individuals, where there is an increased risk that the individuals in that class might contract the listed human disease.

88  Risk minimisation interventions

             (1)  An individual may be required by a human biosecurity control order to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.

             (2)  The order must specify the following:

                     (a)  the circumstances in which the individual is required to wear the clothing and equipment;

                     (b)  the period during which, or the times at which, the individual is required to wear the clothing and equipment;

                     (c)  instructions for wearing the clothing and equipment.

89  Decontamination

             (1)  An individual may be required by a human biosecurity control order to be decontaminated.

             (2)  An individual may be required by a human biosecurity control order to allow the individual’s clothing, and any personal effects that the individual has with him or her, to be decontaminated.

             (3)  Without limiting subsection (2), an individual’s personal effects include any baggage that the individual has with him or her that remained under the individual’s immediate physical control while the individual was on any aircraft, vessel or other conveyance.

             (4)  The order must specify the following:

                     (a)  where and when the decontamination is to take place;

                     (b)  who is to conduct the decontamination.

90  Undergoing an examination

                   An individual may be required by a human biosecurity control order to undergo, at a specified medical facility, a specified kind of examination relating to determining the presence in the individual of:

                     (a)  the listed human disease specified in the order; and

                     (b)  any other listed human disease.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

91  Requiring body samples for diagnosis

             (1)  This section applies if an individual has undergone an examination under section 90.

             (2)  The individual may be required by a human biosecurity control order to provide, at a specified medical facility, specified body samples for the purpose of determining the presence in the individual of:

                     (a)  the listed human disease specified in the order; and

                     (b)  any other listed human disease.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

Requirements for samples

             (3)  The regulations must prescribe requirements for taking, storing, transporting, labelling and using body samples provided under subsection (2).

Note:          The regulations may prescribe offences and civil penalties in relation to a failure to comply with a prescribed requirement (see subsection 645(2)).

Giving samples to the World Health Organization

             (4)  The Health Minister may, at the request of the World Health Organization, give all or part of a sample provided under subsection (2) to the Organization for the purposes of detecting, assessing or responding to a listed human disease.

92  Receiving a vaccination or treatment

                   An individual may be required by a human biosecurity control order to receive, at a specified medical facility:

                     (a)  a specified vaccination; or

                     (b)  a specified form of treatment;

in order to manage the listed human disease specified in the order, and any other listed human disease.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

93  Receiving medication

             (1)  An individual may be required by a human biosecurity control order to receive specified medication in order to manage the listed human disease specified in the order, and any other listed human disease.

Note:          For the manner in which this biosecurity measure must be carried out, see section 94.

             (2)  The order must specify:

                     (a)  how much medication is to be taken; and

                     (b)  how long the medication is to be taken for.

94  Appropriate medical or other standards to be applied

                   A biosecurity measure set out in section 90 (examination), 91 (body samples), 92 (vaccination or treatment) or 93 (medication) must be carried out in a manner consistent with either or both of the following (as the case requires):

                     (a)  appropriate medical standards;

                     (b)  appropriate other relevant professional standards.

95  No use of force to require compliance with certain biosecurity measures

                   Force must not be used against an individual to require the individual to comply with a biosecurity measure imposed under any of sections 85 to 93.

Note:          Force may be used in preventing an individual leaving Australian territory in contravention of a traveller movement measure (see section 101) or in detaining a person who fails to comply with an isolation measure (see section 104).

96  Traveller movement measure

             (1)  An individual may, for a specified period of no more than 28 days, be required by a human biosecurity control order not to leave Australian territory on an outgoing passenger aircraft or vessel.

Note:          For provisions relating to traveller movement measures, see Subdivision C.

Traveller movement measure ceasing to be in force before human biosecurity control order

             (2)  If a traveller movement measure ceases to be in force, subsection (1) does not prevent another traveller movement measure from being included in the same human biosecurity control order.

When traveller movement measure ceases to be in force

                  (3)   A traveller movement measure ceases to be in force at the earliest of the following times:

                     (a)  at the end of the period specified under subsection (1);

                     (b)  the time when the human biosecurity control order ceases to be in force;

                     (c)  the time when the order is varied to remove the measure;

                     (d)  the time when the order is revoked.

97  Isolation measure

             (1)  An individual may be required by a human biosecurity control order to remain isolated at a specified medical facility.

Note 1:       A non‑Australian citizen who is required to remain isolated is entitled to consular assistance under section 102.

Note 2:       A person who does not comply with an isolation measure that the person is required to comply with may be detained under Subdivision B of Division 4.

             (2)  An isolation measure included in a human biosecurity control order under subsection (1) may be made conditional on a person refusing to consent to another biosecurity measure included in the human biosecurity control order.

Subdivision CProvisions relating to traveller movement measures

98  Traveller movement measure alert

Who Director of Human Biosecurity must notify

                  (1)   The Director of Human Biosecurity must notify the following if a traveller movement measure is included in a human biosecurity control order:

                            (a)   the Agriculture Department;

                            (b)   the Immigration Department;

                            (c)   the Foreign Affairs Department;

                            (d)   the Australian Customs and Border Protection Service;

                            (e)   the National Focal Point.

Note:          For the content of the notification, see section 99.

                  (2)   A failure to notify a person, body or agency under subsection (1) does not affect the validity of the human biosecurity control order, or the traveller movement measure.

Who Director of Human Biosecurity may notify

                  (3)   The Director of Human Biosecurity may (if he or she considers it appropriate) also notify any one or more of the following if a traveller movement measure is included in a human biosecurity control order:

                            (a)   any one or more operators of outgoing passenger aircraft or vessels;

                            (b)   any State or Territory body responsible for the administration of health services in the State or Territory;

                            (c)   any State Party’s National IHR Focal Point (within the meaning of the International Health Regulations).

Requirement for notification

                  (4)   A notification under subsection (1) or (3):

                            (a)   must be in writing; and

                            (b)   must be made within 24 hours of including the traveller movement measure in the human biosecurity control order.

Legislative instruments

             (5)  A notification under subsection (1) or (3) is not a legislative instrument.

Notification of cessation of measure

                  (6)   If a person, body or agency was notified under subsection (1) or (3) of the inclusion of a traveller movement measure, the Director of Human Biosecurity must further notify the person, body or agency if the measure ceases to be in force.

Note 1:       For when a traveller movement measure ceases to be in force, see subsection 96(3).

Note 2:       The original notification of the traveller movement measure must be destroyed in accordance with section 100.

99  Content of traveller movement measure alert

                         A notification under section 98 must include the following:

                            (a)   the name of the individual in relation to whom the traveller movement measure is in force, and his or her passport number;

                            (b)   a statement that:

                                       (i)   a traveller movement measure is in force in relation to the individual; and

                                      (ii)   the individual must not board an outgoing passenger aircraft or vessel while the measure is in force;

                            (c)   the period during which the measure is in force;

                            (d)   any known travel details of the individual;

                            (e)   details of a chief human biosecurity officer who can be contacted for information in relation to the measure;

                             (f)   any other information prescribed by the regulations.

Note:          Information disclosed under this section must be dealt with in accordance with the Privacy Act 1988.

100  Destruction of traveller movement measure alert

                   A person who is notified of a traveller movement measure under section 98 must destroy the notification within 6 months of being further notified that the measure has ceased to be in force.

Civil penalty:          120 penalty units.

101  Prevention from leaving Australian territory

             (1)  An officer of Customs may prevent an individual from boarding an outgoing passenger aircraft or vessel if:

                     (a)  a traveller movement measure is in force in relation to the individual; and

                     (b)  the individual would contravene the measure if the individual boarded the aircraft or vessel and left Australian territory.

Note:          For the definition of officer of Customs, see section 9.

Use of force in detaining person

             (2)  An officer of Customs must not use more force, or subject the person to greater indignity, than is necessary and reasonable to prevent the individual from boarding the aircraft or vessel.

Division 4Other provisions relating to human biosecurity control orders

Subdivision AConsular assistance

102  Consular assistance

             (1)  This section sets out requirements that must be complied with if:

                     (a)  either of the following events occurs:

                              (i)  an officer requires an individual to remain at a place under section 68;

                             (ii)  an officer includes an isolation measure in a human biosecurity control order, requiring an individual to remain isolated; and

                     (b)  the individual is not an Australian citizen.

             (2)  As soon as practicable after the event referred to in paragraph (1)(a) occurs, the officer must do the following:

                     (a)  inform the individual that he or she may request that the consular office of the following country be notified that the event has occurred:

                              (i)  the country of which he or she is a citizen;

                             (ii)  the country to which he or she claims a special connection;

                     (b)  if the individual so requests—notify that consular office;

                     (c)  inform the individual that he or she may communicate, or attempt to communicate, with that consular office;

                     (d)  give the individual reasonable facilities to do so;

                     (e)  forward any written communication from the individual to that consular office;

                      (f)  allow the individual a reasonable time to communicate, or attempt to communicate, with that consular office.

Subdivision BDetention

103  Detention

                  (1)   An individual may be detained by a person referred to in subsection (3) of this section if:

                     (a)  either:

                              (i)  the individual fails to comply with a requirement to remain at a place under section 68; or

                             (ii)  the individual fails to comply with an isolation measure that the individual is required to comply with under subsection 74(4); and

                     (b)  a human biosecurity officer or chief human biosecurity officer is satisfied:

                              (i)  of the matters in paragraphs 34(2)(a) to (f) (the principles); and

                             (ii)  that the detention is necessary because, without detention, the individual may pose a significant risk of contagion.

Note:          For when an individual must be released from detention, see section 105.

             (2)  An individual who is detained for failing to comply with an isolation measure may be detained only for the purpose of taking the individual to the medical facility referred to in section 97.

Who may detain an individual

                  (3)   The individual may be detained by:

                            (a)   a member or special member of the Australian Federal Police; or

                            (b)   a member of the police force of a State or Territory; or

                            (c)   a protective services officer (within the meaning of the Australian Federal Police Act 1979).

Agreement of State or Territory required

             (4)  A member of the police force of a State or Territory must not exercise a power under this section unless the exercise of the power is in accordance with an agreement between the Commonwealth and the State or Territory concerned.

104  Rules relating to detention

Use of force in detaining person

             (1)  A person (the officer) referred to in subsection 103(3) must not use more force, or subject an individual (the detainee) to greater indignity, than is necessary and reasonable to detain the detainee or prevent the detainee from escaping.

Place of detention

             (2)  The officer who detains a detainee must take the detainee, as soon as possible, to a place that:

                     (a)  in the officer’s opinion, affords adequate personal privacy to the detainee; and

                     (b)  either:

                              (i)  if the detainee was detained for failing to comply with a requirement to remain at a place under section 68—is at the place where the detainee was when the officer referred to in that section became satisfied that a human biosecurity control order should be imposed on the detainee; or

                             (ii)  if the detainee was detained for failing to comply with an isolation measure—is at the medical facility specified in the human biosecurity control order that is in force in relation to the detainee.

Note:          For when an individual must be released from detention, see section 105.

Right to communicate

             (3)  As soon as possible after detaining a detainee, the officer who detains the detainee must inform the detainee that the detainee may communicate, or attempt to communicate, with any person.

             (4)  If the detainee wishes to communicate with any person, the officer must, as soon as possible, give the detainee reasonable facilities to enable the detainee to do so.

105  Release from detention

Release from detention after failure to comply with requirement to remain at a place

             (1)  An individual who has been detained under section 103 for failing to comply with a requirement to remain at a place under section 68 must be released at the end of the 6‑hour period referred to in section 68.

Release from detention after failure to comply with isolation measure

                  (2)   An individual who has been detained under section 103 for failing to comply with an isolation measure must be released from detention at the earlier of the following times:

                     (a)  the time when the person has been taken to a place, in accordance with subsection 104(2), at the medical facility specified in the human biosecurity control order that is in force in relation to the individual;

                     (b)  the time when the individual is no longer required to comply with an isolation measure under subsection 74(4).

Note:          An individual is required to comply with an isolation measure for only 72 hours, unless the Director of Human Biosecurity gives a direction under section 72 (see subsection 74(4)).

             (3)  To avoid doubt, an individual may be required to remain isolated at the medical facility even after the individual has been released from detention.

106  Offence for escaping from detention

                         An individual commits an offence if the individual escapes from detention under section 103.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Subdivision CMiscellaneous

107  Offence for failing to comply with a human biosecurity control order

                   An individual commits an offence if:

                     (a)  a human biosecurity control order is in force in relation to the individual; and

                     (b)  the individual engages in conduct; and

                     (c)  the conduct results in the person failing to comply with a biosecurity measure included in the human biosecurity control order; and

                     (d)  the individual is required to comply with the measure under subsection 74(2) or (4).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

108  Expenses incurred in complying with human biosecurity control orders

                   The Commonwealth is liable to pay for reasonable expenses incurred by an individual in complying with a biosecurity measure included in a human biosecurity control order.

Part 4Managing risks to human health: other biosecurity measures

Division 1Introduction

109  Simplified outline of this Part

Division 2 allows human remains to be brought into Australian territory. Sometimes, requirements may be specified or directions given in relation to human remains.

Division 3 allows the Director of Human Biosecurity to determine human health response zones to which entry and exit requirements apply.

Division 2Managing deceased individuals

110  Human remains brought into Australian territory

                  (1)   Human remains may be brought into Australian territory.

Note 1:       In some cases, requirements are specified for bringing human remains into Australian territory (see subsection (2)).

Note 2:       Human remains are not goods (see the definition of goods in section 19).

                  (2)   The Director of Human Biosecurity may specify, in writing:

                            (a)   classes of human remains; and

                            (b)   requirements for:

                                       (i)   bringing human remains into Australian territory; or

                                      (ii)   managing human remains in those classes after bringing them into Australian territory.

             (3)  An instrument made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

             (4)  A requirement specified for the purposes of paragraph (2)(b) must relate to preventing, or reducing the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory.

                  (5)   This section does not apply to the human remains of an individual who dies:

                     (a)  in transit before arriving in Australian territory; or

                     (b)  on arrival in Australian territory.

Note:          For individuals who have died in transit or on arrival, see section 112.

Civil penalty provision

             (6)  A person to whom a requirement under subsection (2) applies must comply with the requirement.

Civil penalty:          30 penalty units.

111  Officer may give directions for managing human remains

                 (1)   A biosecurity officer, human biosecurity officer, or chief human biosecurity officer, may give a direction for managing specified human remains if:

                     (a)  the officer is satisfied that those remains are likely to be infected with a listed human disease (whether the remains were brought into Australian territory as mentioned in section 110, or were already in Australian territory); or

                     (b)  a person did not comply with a requirement specified under subsection 110(2) in relation to those remains.

             (2)   The officer must give a written direction to the person who is responsible for the human remains.

Note:          See also section 572 (general provisions relating to directions).

Civil penalty provision

                 (3)   A person to whom a direction is given under this section must comply with the direction.

Civil penalty:          30 penalty units.

112  Individuals who have died in transit or on arrival

                  (1)   The Director of Human Biosecurity may specify, in writing, requirements for classes of persons who bring into Australian territory, or who manage, the bodies of deceased individuals who die:

                            (a)   in transit before arriving in Australian territory; or

                            (b)   on arrival in Australian territory.

             (2)  A requirement specified for the purposes of subsection (1) must relate to preventing, or reducing the risk of, a listed human disease entering, or emerging, establishing itself, or spreading in, Australian territory or a part of Australian territory.

             (3)  An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

Civil penalty provision

             (4)  A person to whom a requirement under subsection (1) applies must comply with the requirement.

Civil penalty:          30 penalty units.

Division 3Human health response zones

113  Determining human health response zones

             (1)  The Director of Human Biosecurity may determine that a specified area within a State or Territory is a human health response zone if the Director is satisfied that it is necessary to do so for the purposes of preventing, or reducing the risk of, a listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.

Note 1:       For consultation and notification requirements, see sections 114 and 115.

Note 2:       Under Division 6 of Part 2 of this Chapter, an officer may ask questions, or require written information, of an individual who is in a human health response zone.

             (2)  Without limiting subsection (1), a specified area may consist of the whole or a part of a specified building.

Contents of a determination

             (3)  The determination must also specify:

                     (a)  the listed human disease to which the determination relates; and

                     (b)  either or both of the following:

                              (i)  any requirements for individuals who are entering or leaving the zone;

                             (ii)  a requirement that specified classes of individuals must not enter the zone; and

                     (c)  the period during which the determination is in force, which must not be more than 3 months.

Note:          A person who does not comply with a requirement of a human health response zone determination might contravene a civil penalty provision (see section 116).

             (4)  A requirement must not be specified in a determination unless the Director of Human Biosecurity is satisfied that the requirement is appropriate and adapted to prevent, or reduce the risk of, the specified listed human disease emerging, establishing itself or spreading in Australian territory or a part of Australian territory.

             (5)  A determination must not specify as a requirement a biosecurity measure described in Subdivision B of Division 3 of Part 3 of this Chapter (biosecurity measures that may be included in a human biosecurity control order).

Period of determination

             (6)  If a determination ceases to be in force, the Director of Human Biosecurity may make another determination specifying the same area covered by the previous determination.

Determination not subject to disallowance

             (7)  A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

114  Consultation requirements

                   Before making a determination under section 113, the Director of Human Biosecurity must consult with:

                     (a)  the chief health officer (however described) for the State or Territory in which the human health response zone will lie; and

                     (b)  the Director of Biosecurity.

115  Notification requirements

             (1)  In addition to the requirement under the Legislative Instruments Act 2003 for the determination to be registered, the Director of Human Biosecurity must ensure that the determination is made public, in any other way he or she thinks fit.

             (2)  A failure to comply with subsection (1) of this section does not affect the validity of the determination.

116  Civil penalty for failing to comply with a requirement of a human health response zone determination

                   A person to whom a requirement in a determination made under section 113 (human health response zone) applies must comply with the requirement.

Civil penalty:          30 penalty units.

Chapter 3Managing biosecurity risks: goods

Part 1Goods brought into Australian territory

Division 1Introduction

117  Simplified outline of this Part

This Part deals with goods that are brought or imported into Australian territory from outside Australian territory.

Division 2 provides that the goods become subject to biosecurity control when they enter Australian territory.

Division 3 provides for notice to be given of goods that are, or are intended to be, brought into Australian territory and unloaded at a landing place or port.

Division 4 sets out powers that may be exercised to assess the level of biosecurity risk associated with goods that are subject to biosecurity control.

Division 5 provides for biosecurity measures to be taken in relation to goods that are subject to biosecurity control if the level of biosecurity risk associated with the goods is considered to be unacceptable.

Division 6 deals with unloading goods that are subject to biosecurity control at landing places or ports in Australian territory.

Division 7 deals with unloading goods that are subject to biosecurity control from a vessel that is displaying the prescribed quarantine signal.

Division 8 requires biosecurity incidents in relation to goods that are subject to biosecurity control to be reported to a biosecurity officer or the Director of Biosecurity.

Division 9 provides for the assessment and management of the level of biosecurity risk associated with goods that are exposed to goods that are subject to biosecurity control.

Division 10 deals with releasing goods from biosecurity control.

118  Objects of this Part

                   The main objects of this Part are:

                     (a)  to provide for the assessment of the level of biosecurity risk associated with goods brought into Australian territory; and

                     (b)  to provide for biosecurity measures to be taken in relation to those goods if the level of biosecurity risk associated with them is considered to be unacceptable.

Note:          In Parts 1 and 3 of this Chapter, goods includes a conveyance brought or imported into Australian territory from outside Australian territory on board another conveyance (for example a lifeboat being carried on a vessel) (see section 19).

Division 2Goods are subject to biosecurity control

119  Goods brought into Australian territory are subject to biosecurity control

             (1)  This section applies in relation to goods that are brought into Australian territory on an aircraft or vessel that has entered Australian territory during a flight or voyage that commenced outside Australian territory.

Note:          Goods that are brought into Australian territory include goods brought into Australian territory with the intention of being imported into Australian territory.

             (2)  The goods become subject to biosecurity control when the aircraft or vessel carrying the goods enters Australian territory.

             (3)  The goods remain subject to biosecurity control until they are released from biosecurity control under Division 10.

             (4)  If the goods are released from biosecurity control under paragraph 162(1)(e) by leaving Australian territory on an aircraft or vessel that is on a flight or voyage between places in Australian territory, the goods become subject to biosecurity control again when the aircraft or vessel re‑enters Australian territory during that flight or voyage.

Note:          Goods are released from biosecurity control under paragraph 162(1)(e) if they leave Australian territory.

Division 3Notice of goods to be unloaded in Australian territory

120  Notice must be given of goods to be unloaded in Australian territory

             (1)  A notice must be given of goods that are, or are intended to be:

                     (a)  brought into Australian territory; and

                     (b)  unloaded at a landing place or port in Australian territory;

other than goods originating in Australian territory that leave temporarily for the purpose of travelling between landing places or ports in Australian territory.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       The obligation in this subsection applies whether or not the person who is required to give the notice is in Australian territory when the notice is required to be given or when the goods are unloaded (see subsection (8) of this section).

             (2)  The notice must be given by a person prescribed by the regulations in relation to the goods.

             (3)  The notice must:

                     (a)  include the information in relation to the goods that is prescribed by the regulations; and

                     (b)  be given in the manner, and to the person, prescribed by the regulations; and

                     (c)  be given at a time, or during the period, prescribed by the regulations (which may be before or after the goods are unloaded as referred to in subsection (1)); and

                     (d)  be in a form or forms approved by the Director of Biosecurity.

Note:          The regulations may prescribe different requirements for notices for different classes of goods (see subsection 33(3A) of the Acts Interpretation Act 1901).

             (4)  The regulations may prescribe exceptions to the requirement to give a notice under this section.

Note:          A defendant bears an evidential burden in relation to any exception prescribed for the purposes of this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Failure to give notice

             (5)  A person contravenes this subsection if:

                     (a)  goods are unloaded as referred to in subsection (1); and

                     (b)  the person is a person prescribed for the purposes of subsection (2) in relation to the goods; and

                     (c)  the person does not give a notice in relation to the goods in accordance with subsection (3); and

                     (d)  no other person gives a notice in relation to the goods in accordance with that subsection.

Note:          The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).

Fault‑based offence

             (6)  A person commits an offence if the person contravenes subsection (5).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (8)  Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the notice is required to be given or when the goods are unloaded.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

121  Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information

             (1)  If:

                     (a)  a person gives a notice in relation to goods under section 120; and

                     (b)  after giving the notice, the person becomes aware that the information included in the notice was incomplete or incorrect;

the person must as soon as practicable give a biosecurity officer the additional or corrected information, to the extent that it is relevant to assessing the level of biosecurity risk associated with the goods.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       The obligation in this subsection applies whether or not the person is in Australian territory when the person becomes aware that the information included in a notice given under section 120 was incomplete or incorrect (see subsection (5) of this section).

Note 3:       See also Division 8 which deals with reporting biosecurity incidents.

             (2)  A person contravenes this subsection if:

                     (a)  the person is required to give information to a biosecurity officer under subsection (1); and

                     (b)  the person does not give the information to a biosecurity officer as required by that subsection.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (2).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (5)  Subsections (2), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

122  Power to obtain extra information relating to goods covered by a notice under section 120

             (1)  A biosecurity officer may exercise the powers under subsections (2), (3) and (4) for the purpose of assessing the level of biosecurity risk associated with goods that are the subject of a notice under section 120 (notice of goods to be unloaded in Australian territory) but have not become subject to biosecurity control.

Power to require information or answers to questions

             (2)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the goods to answer questions, or provide information in writing, in relation to the goods.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Power to require production of documents

             (3)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the goods to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

Power to deal with documents

             (4)  A biosecurity officer:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (3); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

Complying with requirements

             (5)  A person contravenes this subsection if:

                     (a)  the person is required:

                              (i)  to answer questions or give information to a biosecurity officer under subsection (2); or

                             (ii)  to produce documents to a biosecurity officer under subsection (3); and

                     (b)  the person does not comply with the requirement.

Note 1:       The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).

Note 2:       The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).

Fault‑based offence

             (6)  A person commits an offence if the person contravenes subsection (5).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (8)  Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the person is required to answer the questions, give the information or produce the documents.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

Division 4Assessment of level of biosecurity risk

123  Biosecurity risk assessment powers

                   This Division sets out powers that may be exercised for the purpose of assessing the level of biosecurity risk associated with goods that are subject to biosecurity control.

Note:          The powers in this Division may also be exercised in relation to exposed goods and goods in relation to which an exposed goods order is in force (see Division 9).

124  Direction to secure goods

             (1)  A biosecurity officer may direct a person in charge of the goods to secure the goods in a manner specified by the biosecurity officer.

Civil penalty provision

             (2)  A person who is given a direction under subsection (1) must comply with the direction.

Civil penalty:          120 penalty units.

Note 1:       If judicial review is sought in relation to a direction given under subsection (1), the direction remains in force unless a court finally determines the validity of the decision to give the direction (see section 538).

Note 2:       A person may contravene a civil penalty provision for moving, dealing with or interfering with goods that have been secured in accordance with a direction given under subsection (1) (see section 130).

Note 3:       See also section 572 (general provisions relating to directions).

125  Inspecting goods and taking samples

             (1)  A biosecurity officer may inspect the goods.

             (2)  A biosecurity officer may:

                     (a)  take samples of the goods; or

                     (b)  direct a person in charge of the goods to deliver to the biosecurity officer samples of such of those goods as are specified in the direction; or

                     (c)  arrange for another person, with appropriate qualifications or expertise, to take samples of the goods.

             (3)  A biosecurity officer may:

                     (a)  carry out tests on any samples taken or delivered under subsection (2); or

                     (b)  arrange for another person, with appropriate qualifications or expertise, to carry out tests on any of those samples.

Note:          See also section 554 (carrying out tests on samples).

Civil penalty provision

             (4)  A person who is given a direction under paragraph (2)(b) must comply with the direction.

Civil penalty:          120 penalty units.

126  Asking questions about goods

             (1)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the goods to answer questions, or provide information in writing, in relation to the goods.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Civil penalty provision

             (2)  A person who is required to answer questions, or provide information in writing, under subsection (1) must comply with the requirement.

Civil penalty:          120 penalty units.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

127  Requiring documents relating to goods to be produced

             (1)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the goods to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

             (2)  A biosecurity officer:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (1); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

Civil penalty provision

             (3)  A person who is required to produce documents under subsection (1) must comply with the requirement.

Civil penalty:          120 penalty units.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

128  Movement of goods

             (1)  A biosecurity officer may:

                     (a)  give any of the following directions to a person in charge of the goods:

                              (i)  a direction not to move, deal with or interfere with the goods;

                             (ii)  a direction to move the goods, as soon as practicable, to a place specified by the biosecurity officer;

                            (iii)  any other direction relating to the movement of the goods; or

                     (b)  cause the goods to be moved to another place.

Civil penalty provision

             (2)  A person who is given a direction under paragraph (1)(a) must comply with the direction.

Civil penalty:          120 penalty units.

Note:          A person may contravene a civil penalty provision for moving, dealing with or interfering with goods in relation to which a direction relating to movement has been given under paragraph (1)(a) or that have been moved under paragraph (1)(b) (see section 130).

129  Biosecurity control notice may be affixed to goods or given to person in charge of goods

             (1)  A biosecurity officer may:

                     (a)  affix a biosecurity control notice to, or as near as reasonably practicable to, the goods; or

                     (b)  give a biosecurity control notice to a person in charge of the goods.

Civil penalty provision

             (2)  A person is liable to a civil penalty if:

                     (a)  a biosecurity control notice is affixed to, or as near as reasonably practicable to, goods under paragraph (1)(a); and

                     (b)  the person interferes with, removes or defaces the notice; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (3)  Subsection (2) does not apply if the person is authorised to engage in the conduct referred to in paragraph (2)(b) under this Act or under another Australian law.

Note 1:       A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2:       A person may contravene a civil penalty provision for moving, dealing with or interfering with goods in relation to which a biosecurity control notice has been affixed under paragraph (1)(a) (see section 130).

130  Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed

             (1)  This section applies in relation to:

                     (a)  goods that have been secured in accordance with a direction given under subsection 124(1); or

                     (b)  goods in relation to which a direction relating to movement has been given under paragraph 128(1)(a); or

                     (c)  goods that have been moved under paragraph 128(1)(b); or

                     (d)  goods in relation to which a biosecurity control notice has been affixed under paragraph 129(1)(a).

Civil penalty provision

             (2)  A person is liable to a civil penalty if:

                     (a)  the person moves, deals with or interferes with goods in relation to which this section applies; and

                     (b)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (3)  Subsection (2) does not apply if the person is authorised to engage in the conduct referred to in paragraph (2)(a) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Division 5Biosecurity measures to manage unacceptable level of biosecurity risk

131  Biosecurity measures may be required in relation to goods

                   If a biosecurity officer suspects, on reasonable grounds, that the level of biosecurity risk associated with goods that are subject to biosecurity control is unacceptable, a biosecurity officer may require biosecurity measures to be taken in relation to the goods as set out in this Division.

Note 1:       This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This Division applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

Note 2:       Sections 626 and 627 deal with abandoned and forfeited goods in relation to which biosecurity measures have been required under this Division.

132  Movement of goods

                   A biosecurity officer may:

                     (a)  require the goods to be moved to a specified place, as soon as practicable; or

                     (b)  require the goods to be left at a specified place in a specified manner and for a specified period; or

                     (c)  require any other action to be taken in relation to the movement of the goods.

133  Treatment of goods

             (1)  A biosecurity officer may, subject to subsection (2), require the goods to be treated in a manner specified by the biosecurity officer.

Note:          If the treatment might damage the goods, a person in charge of the goods must be asked to agree to the treatment (see section 134).

             (2)  A biosecurity officer must not require high‑value goods to be treated in a manner that the biosecurity officer suspects, on reasonable grounds, is likely to damage the goods, without the written approval of the Director of Biosecurity.

134  Treatment that may damage goods

             (1)  This section applies if:

                     (a)  a biosecurity officer requires goods to be treated in a specified manner under section 133; and

                     (b)  a biosecurity officer suspects, on reasonable grounds, that treatment of the goods in that manner is likely to damage the goods.

Notice must be given that treatment is likely to damage goods

             (2)  Before any treatment is carried out on the goods, a biosecurity officer must, by notice in writing or orally:

                     (a)  inform a person in charge of the goods that:

                              (i)  the goods are required to be treated in a specified manner; and

                             (ii)  the treatment is likely to damage the goods; and

                     (b)  request the person to agree to the treatment of the goods.

Note:          The meaning of person in charge of goods in this subsection is affected by subsection (7).

             (3)  However, the goods may be treated in the specified manner without notice having been given under subsection (2) if:

                     (a)  a biosecurity officer suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the goods; and

                     (b)  the biosecurity officer is satisfied that the goods need to be treated as soon as practicable to reduce that risk to an acceptable level.

Dealing with goods if person in charge does not agree to treatment

             (4)  If:

                     (a)  a notice in writing is given to a person in charge of the goods under subsection (2); and

                     (b)  a person in charge of the goods does not, within 30 days after receiving the notice, notify a biosecurity officer in writing that the person agrees to the treatment of the goods as specified in the notice;

a biosecurity officer may, in writing, request a person in charge of the goods to arrange for the goods:

                     (c)  to be dealt with, or destroyed, in a manner specified in the request; or

                     (d)  to be exported from Australian territory;

within the period specified in the request.

Note:          The meaning of person in charge of goods in paragraphs (4)(a) and (b) is affected by subsection (7).

             (5)  If:

                     (a)  notice is given orally to a person in charge of the goods under subsection (2); and

                     (b)  a person in charge of the goods informs a biosecurity officer that the person does not agree to the treatment of the goods in the specified manner;

a biosecurity officer may, in writing or orally, request a person in charge of the goods to arrange for the goods:

                     (c)  to be dealt with, or destroyed, in a manner specified in the request; or

                     (d)  to be exported from Australian territory;

within the period specified in the request.

Note:          The meaning of person in charge of goods in paragraphs (5)(a) and (b) is affected by subsection (7).

             (6)  If:

                     (a)  a request is made under subsection (4) or (5) in relation to the goods; and

                     (b)  the goods are not, within the period specified in the request:

                              (i)  dealt with, or destroyed, in a manner specified in the request; or

                             (ii)  exported from Australian territory;

a biosecurity officer may take possession of the goods and cause them to be exported from Australian territory, destroyed or otherwise disposed of.

Modified meaning of person in charge of goods

             (7)  In subsection (2) and paragraphs (4)(a) and (b) and (5)(a) and (b), person in charge of goods does not include a biosecurity industry participant who is in possession or control of the goods only because of a direction given to the biosecurity industry participant by a biosecurity officer.

135  Export of goods

             (1)  A biosecurity officer may require the goods to be exported from Australian territory.

             (2)  For the purposes of subsection (1), a biosecurity officer may:

                     (a)  arrange for the goods to be exported from Australian territory; or

                     (b)  direct a person in charge of the goods to arrange for the goods to be exported from Australian territory.

Note:          A person who is given a direction under paragraph (2)(b) may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section 140).

136  Destruction of goods

             (1)  If a biosecurity officer considers, on reasonable grounds, that the goods cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the goods to be destroyed.

Note:          If goods are required under this section to be destroyed:

(a)    paragraph 138(1)(a) lets a biosecurity officer direct the person in charge of the goods to destroy them (and failure to comply with the direction may be an offence against section 140); and

(b)    paragraph 138(1)(b) lets a biosecurity officer destroy them; and

(c)    paragraph 138(1)(c) lets a biosecurity officer arrange for someone else to carry out the destruction of the goods.

             (2)  A biosecurity officer must not require high‑value goods to be destroyed without the written approval of the Director of Biosecurity.

Note 1:       Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       A decision to give approval for a requirement for high‑value goods to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

             (3)  A biosecurity officer must not take action under section 138, in relation to a requirement for high‑value goods to be destroyed, until:

                     (a)  after the period in which an application may be made for review (including merits or judicial review) of the decision to require the goods to be destroyed; or

                     (b)  if an application referred to in paragraph (a) is made—after the review or any related proceeding (including any appeal) have been completed.

             (4)  However, subsection (3) does not apply in relation to high‑value goods if a biosecurity officer is satisfied that:

                     (a)  there is a high level of biosecurity risk associated with the goods; and

                     (b)  the biosecurity risk cannot be managed for long enough to allow a review of the decision to require the goods to be destroyed, and any related proceeding (including any appeal), to be finally determined.

             (5)  If:

                     (a)  in accordance with subsection (4), a biosecurity officer takes action under section 138, in relation to the requirement for the goods to be destroyed, before the end of the period referred to in paragraph (3)(a); and

                     (b)  no application for review of the decision to require the goods to be destroyed had been made before the action was taken;

an application for review of the decision to require the goods to be destroyed must not be made.

             (6)  If:

                     (a)  an application referred to in paragraph (3)(a) has been made in relation to the decision to require the goods to be destroyed; and

                     (b)  in accordance with subsection (4), a biosecurity officer takes action under section 138, in relation to the requirement for the goods to be destroyed, before the review or any related proceeding (including any appeal) has been finally determined;

the review or related proceeding (including any appeal) is taken to be discontinued when the action is taken.

137  Regulations may provide for other biosecurity measures

             (1)  The regulations may provide that a biosecurity officer may require a specified kind of biosecurity measure (a prescribed biosecurity measure) to be taken in relation to the goods.

             (2)  Regulations made for the purposes of this section must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken in relation to the goods:

                     (a)  a biosecurity measure of a kind set out in Division 4 of this Part (assessment of level of biosecurity risk);

                     (b)  a biosecurity measure of a kind set out in another provision of this Division (biosecurity measures to manage unacceptable level of biosecurity risk);

                     (c)  a biosecurity measure of a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).

             (3)  Regulations made for the purposes of this section may also provide for, or in relation to, other matters relating to a prescribed biosecurity measure.

             (4)  Without limiting subsection (3), regulations made for the purposes of this section may do any of the following:

                     (a)  provide for persons to be notified, and the circumstances in which the persons must be notified, that a prescribed biosecurity measure is required to be taken in relation to goods;

                     (b)  if regulations made for the purposes of subsection 574(2) provide that the decision to require a prescribed biosecurity measure to be taken in relation to the goods is a reviewable decision—provide that, except in the circumstances (if any) prescribed, the prescribed biosecurity measure must not be taken during the period in which a review of that decision, or any related proceeding (including any appeal), has been finally determined.

138  Powers of biosecurity officer if biosecurity measures are required

             (1)  If a biosecurity officer requires a biosecurity measure to be taken in relation to goods under section 132 (movement), section 133 (treatment), section 136 (destruction) or a regulation made for the purposes of section 137, a biosecurity officer may:

                     (a)  direct a person in charge of the goods to carry out the biosecurity measure; or

                     (b)  carry out the biosecurity measure; or

                     (c)  arrange for another person with appropriate qualifications or expertise to carry out the biosecurity measure.

Note 1:       Section 136 sets out prerequisites to a biosecurity officer taking certain actions under this section in relation to a requirement under section 136 to destroy high‑value goods.

Note 2:       A person who is given a direction under paragraph (1)(a) of this section may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section 140).

Note 3:       See also section 572 (general provisions relating to directions).

             (2)  If, under this section, a biosecurity officer:

                     (a)  gives a direction to a person to carry out a biosecurity measure; or

                     (b)  arranges for another person with appropriate qualifications or expertise to carry out a biosecurity measure;

a biosecurity officer may supervise the taking of the biosecurity measure.

139  Biosecurity officer may affix notice to goods

             (1)  A biosecurity officer may affix a notice to, or as near as reasonably practicable to, goods in relation to which biosecurity measures have been required under:

                     (a)  this Division; or

                     (b)  a regulation made for the purposes of section 137.

             (2)  The notice must state:

                     (a)  that the level of biosecurity risk associated with the goods is unacceptable; and

                     (b)  that biosecurity measures have been required in relation to the goods, in accordance with this Chapter, for the purpose of managing that biosecurity risk; and

                     (c)  the effect of subsections (3) and (4) of this section and section 141.

Civil penalty provision

             (3)  A person is liable to a civil penalty if:

                     (a)  a notice is affixed to, or as near as reasonably practicable to, goods under subsection (1); and

                     (b)  the person interferes with, removes or defaces the notice; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (4)  Subsection (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph (3)(b) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

140  Person must comply with direction to take biosecurity measures

             (1)  A person who is given a direction under paragraph 135(2)(b) or 138(1)(a) must comply with the direction.

Fault‑based offence

             (2)  A person commits an offence if:

                     (a)  the person is given a direction under paragraph 135(2)(b) or 138(1)(a); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

141  Unauthorised persons must not move etc. goods to which notice has been affixed

             (1)  A person contravenes this subsection if:

                     (a)  a notice has been affixed to, or as near as reasonably practicable to, goods under subsection 139(1); and

                     (b)  the person moves, deals with or interferes with the goods; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Division 6Unloading goods at landing places or ports

142  Application of this Division

                   This Division applies in relation to goods that:

                     (a)  are, or will become, subject to biosecurity control; and

                     (b)  are intended to be unloaded from an aircraft or vessel at a landing place or port in Australian territory.

Note:          This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This Division applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

143  Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc.

             (1)  The person in charge of the aircraft or vessel may allow the goods to be unloaded from the aircraft or vessel at the landing place or port at which the aircraft or vessel has arrived.

Note:          Nothing may be unloaded from the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or the unloading is authorised by or under this Act or another Australian law (see sections 48 and 49).

             (2)  Subsection (1) has effect subject to:

                     (a)  sections 145, 146, 147, 148 and 151; and

                     (b)  any direction given under subsection (3) of this section.

             (3)  A biosecurity officer may give the person in charge of the aircraft or vessel a direction relating to the unloading of the goods from the aircraft or vessel (including a direction not to allow some or all of the goods to be unloaded from the aircraft or vessel).

Note:          See also section 572 (general provisions relating to directions).

             (4)  A person who is given a direction under subsection (3) must comply with the direction.

Fault‑based offence

             (5)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (3); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty:          120 penalty units.

             (7)  Subsections (5) and (6) do not apply if:

                     (a)  the person in charge of the aircraft or vessel gave another person a direction (the person in charge’s direction) under subsection 144(4); and

                     (b)  the person in charge’s direction was in the same terms as the direction given under subsection (3) of this section; and

                     (c)  the other person did not comply with the person in charge’s direction.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

144  Person may unload goods from aircraft or vessel subject to direction etc.

             (1)  A person may unload the goods from the aircraft or vessel at the landing place or port at which the aircraft or vessel has arrived.

Note:          Nothing may be unloaded from the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or the unloading is authorised by or under this Act or another Australian law (see sections 48 and 49).

             (2)  Subsection (1) has effect subject to:

                     (a)  sections 145, 146, 147, 148 and 151; and

                     (b)  any direction given under subsection (3) or (4) of this section.

             (3)  A biosecurity officer may give a person a direction relating to the unloading of the goods from the aircraft or vessel (including a direction not to unload some or all of the goods from the aircraft or vessel).

Note:          See also section 572 (general provisions relating to directions).

             (4)  If the person in charge of the aircraft or vessel has been given a direction under subsection 143(3), the person in charge may, for the purpose of giving effect to that direction, give another person a direction relating to the unloading of the goods from the aircraft or vessel (including a direction not to unload some or all of the goods from the aircraft or vessel).

             (5)  A person who is given a direction under subsection (3) or (4) must comply with the direction.

Fault‑based offence

             (6)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (3) or (4); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.

145  Goods must not be unloaded except at first point of entry for those goods or with permission

             (1)  The person in charge of the aircraft or vessel must not allow the goods to be unloaded from the aircraft or vessel at a landing place or port that is not a first point of entry for those goods, unless permission has been given under subsection 146(2) for the goods to be unloaded at that landing place or port.

Fault‑based offence

             (2)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the person allows goods to be unloaded from the aircraft or vessel at a landing place or port in Australian territory; and

                     (b)  the goods are subject to biosecurity control; and

                     (c)  the landing place or port is not a first point of entry for those goods; and

                     (d)  permission has not been given under subsection 146(2) for the goods to be unloaded at that landing place or port.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

146  Permission to unload goods at landing place or port other than first point of entry for those goods

             (1)  The person in charge or the operator of the aircraft or vessel may, in writing, request the Director of Biosecurity to give permission for the goods to be unloaded at a landing place or port that is not a first point of entry for those goods.

Note:          A request under this subsection may be made at the same time as a request under section 239 or 247 is made for permission to arrive at a landing place or port that is not a first point of entry for the aircraft or vessel.

             (2)  If the Director of Biosecurity receives a request under subsection (1), the Director may, by notice in writing to the person in charge or the operator of the aircraft or vessel, give permission for the goods to be unloaded from the aircraft or vessel at the landing place or port specified in the request.

             (3)  The Director of Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.

Fault‑based offences

             (4)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft or vessel; and

                     (b)  the person has been given a permission under subsection (2); and

                     (c)  the permission is subject to conditions; and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the conditions.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (5)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the person in charge of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (7)  The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Civil penalty:          120 penalty units.

147  Goods must be brought to biosecurity entry point for those goods at first point of entry

             (1)  This section applies if:

                     (a)  the aircraft or vessel has arrived at a first point of entry for the aircraft or vessel; and

                     (b)  there is a biosecurity entry point at the first point of entry for goods that are to be unloaded from the aircraft or vessel.

Civil penalty provision

             (2)  The person in charge of the aircraft or vessel must ensure that goods that are to be unloaded from the aircraft or vessel are brought to the biosecurity entry point for those goods as soon as practicable, unless:

                     (a)  a biosecurity officer has given a direction under subsection (3) to the person in charge or the operator of the aircraft or vessel to bring the goods to an alternative biosecurity entry point at the first point of entry; or

                     (b)  permission has been given under subsection 148(2) for the goods to be brought to an alternative biosecurity entry point at the first point of entry.

Civil penalty:          120 penalty units.

Note 1:       Nothing may be unloaded from the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or the unloading is authorised by or under this Act or another Australian law (see sections 48 and 49).

Note 2:       Goods must not be unloaded from the vessel if a direction has been given under subsection 143(3) or 144(3) or (4) not to unload the goods from the vessel.

Note 3:       Goods must not be unloaded from the vessel if it is displaying the prescribed quarantine signal (see section 151).

             (3)  A biosecurity officer may give the person in charge or the operator of the aircraft or vessel a direction requiring goods that are to be unloaded from the aircraft or vessel to be brought to a biosecurity entry point that is not a biosecurity entry point for those goods.

Note:          See also section 572 (general provisions relating to directions).

Fault‑based offences

             (4)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft or vessel; and

                     (b)  the person has been given a direction under subsection (3); and

                     (c)  the person engages in conduct; and

                     (d)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (5)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a direction under subsection (3); and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the person in charge of the aircraft or vessel has been given a direction under subsection (3); and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (7)  The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft or vessel has been given a direction under subsection (3); and

                     (b)  the direction is not complied with.

Civil penalty:          120 penalty units.

148  Permission to bring goods to alternative biosecurity entry point

             (1)  The person in charge or the operator of the aircraft or vessel may, in writing, request the Director of Biosecurity to give permission to bring the goods to a biosecurity entry point (the alternative biosecurity entry point) that is not a biosecurity entry point for those goods.

             (2)  If the Director of Biosecurity receives a request under subsection (1), the Director may, by notice in writing to the person in charge or the operator of the aircraft or vessel, give permission for the goods to be brought to the alternative biosecurity entry point.

             (3)  The Director of Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.

Fault‑based offences

             (4)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft or vessel; and

                     (b)  the person has been given a permission under subsection (2); and

                     (c)  the permission is subject to conditions; and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the conditions.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (5)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the person in charge of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (7)  The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Civil penalty:          120 penalty units.

149  Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division

Civil penalty provision

             (1)  A person contravenes this subsection if:

                     (a)  the person receives, or has in the person’s possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and

                     (b)  any of the following applies in relation to the goods:

                              (i)  the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3);

                             (ii)  the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1);

                            (iii)  a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened;

                            (iv)  subsection 147(2) was contravened.

Civil penalty:          120 penalty units.

             (2)  Subsection (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:

                     (a)  the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3); or

                     (b)  the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1); or

                     (c)  a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened; or

                     (d)  subsection 147(2) was contravened;

as the case may be.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Division 7Unloading goods from vessel displaying prescribed quarantine signal

150  Application of this Division

                   This Division applies in relation to goods that:

                     (a)  are subject to biosecurity control; and

                     (b)  are unloaded from a vessel that is displaying the prescribed quarantine signal.

Note:          This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This Division applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

151  Unloading goods from vessel displaying prescribed quarantine signal

             (1)  A person contravenes this subsection if:

                     (a)  the person unloads goods from a vessel in Australian territory; and

                     (b)  the goods are subject to biosecurity control; and

                     (c)  the vessel is displaying the prescribed quarantine signal; and

                     (d)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Note 1:       See section 221 in relation to when a vessel must display the prescribed quarantine signal.

Note 2:       The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(a) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

152  Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal

             (1)  A person contravenes this subsection if:

                     (a)  the person receives, or has in the person’s possession, goods; and

                     (b)  the goods were unloaded from a vessel in Australian territory; and

                     (c)  the goods are subject to biosecurity control; and

                     (d)  the vessel was displaying the prescribed quarantine signal when the goods were unloaded; and

                     (e)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;

..                           (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Note 1:       See section 221 in relation to when a vessel must display the prescribed quarantine signal.

Note 2:       The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  Subsection (1) does not apply if:

                     (a)  the person is authorised to engage in the conduct referred to in paragraph (1)(a) under this Act or under another Australian law; or

                     (b)  the person did not know, and could not reasonably be expected to have known, that the vessel was displaying the prescribed quarantine signal when the goods were unloaded.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Division 8Reporting biosecurity incidents

153  Application of this Division

                   This Division applies in relation to goods that are subject to biosecurity control.

Note:          This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This Division applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

154  Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents

                   The Director of Biosecurity may, by legislative instrument, determine that an act, omission or event is a reportable biosecurity incident in relation to goods that are subject to biosecurity control.

Note:          For variation and revocation of a determination made under this section, see subsection 33(3) of the Acts Interpretation Act 1901.

155  Reporting by person in charge of aircraft or vessel carrying goods

             (1)  If:

                     (a)  the goods are, or were, on board an aircraft or vessel; and

                     (b)  the person in charge of the aircraft or vessel becomes aware of a reportable biosecurity incident in relation to the goods;

the person must, as soon as practicable after becoming aware of the incident, report the incident to a biosecurity officer or the Director of Biosecurity.

Note:          The obligation in this subsection applies whether or not the person is in Australian territory when the person becomes aware of the reportable biosecurity incident (see subsection (4)).

Fault‑based offence

             (2)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the aircraft or vessel is, or was, carrying goods that are subject to biosecurity control; and

                     (b)  the person becomes aware of a reportable biosecurity incident in relation to the goods; and

                     (c)  the person fails to report the incident as required by subsection (1).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (4)  Subsections (2) and (3) apply whether or not the person is in Australian territory when the person becomes aware of the reportable biosecurity incident.

156  Reporting by person in charge of goods

             (1)  If a person in charge of the goods becomes aware of a reportable biosecurity incident in relation to the goods, the person must, as soon as practicable after becoming aware of the incident, report the incident to a biosecurity officer or the Director of Biosecurity.

Note:          The obligation in this subsection applies whether or not the person is in Australian territory when the person becomes aware of the reportable biosecurity incident (see subsection (4)).

Fault‑based offence

             (2)  A person in charge of goods that are subject to biosecurity control commits an offence if:

                     (a)  the person becomes aware of a reportable biosecurity incident in relation to the goods; and

                     (b)  the person fails to report the incident as required by subsection (1).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (4)  Subsections (2) and (3) apply whether or not the person is in Australian territory when the person becomes aware of the reportable biosecurity incident.

157  How reports must be made

             (1)  The Director of Biosecurity may, by legislative instrument, determine either or both of the following:

                     (a)  information that must be included in a report required by subsection 155(1) or 156(1);

                     (b)  the way in which the report must be made.

             (2)  If a report of a reportable biosecurity incident does not comply with any requirements in a determination in force under subsection (1), the report is taken, for the purposes of this Division, not to have been made.

Division 9Goods exposed to goods that are subject to biosecurity control

158  Application of this Division

             (1)  This Division applies in relation to goods (other than goods that are subject to biosecurity control) if a biosecurity officer suspects, on reasonable grounds, that the goods have been exposed to:

                     (a)  goods that are subject to biosecurity control; or

                     (b)  a conveyance that is subject to biosecurity control.

             (2)  This Division also applies in relation to goods (other than goods that are subject to biosecurity control) if a biosecurity officer suspects, on reasonable grounds, that the goods have been exposed to other exposed goods.

             (3)  Goods to which this Division applies are exposed goods.

Note:          See section 17 for the meaning of exposed to.

159  Assessment and management of biosecurity risk associated with exposed goods

             (1)  A biosecurity officer may, subject to subsection (4), exercise the powers in Division 4 (biosecurity risk assessment powers) for the purpose of identifying and assessing the level of biosecurity risk associated with exposed goods.

             (2)  For the purposes of subsection (1), the powers in Division 4 may be exercised in relation to exposed goods as if they were subject to biosecurity control.

             (3)  If a biosecurity officer suspects, on reasonable grounds, that the level of biosecurity risk associated with exposed goods is unacceptable, a biosecurity officer may, subject to subsection (4), make an exposed goods order in relation to the goods.

             (4)  A biosecurity officer must not exercise the powers in Division 4 (as applied by subsections (1) and (2)), or make an exposed goods order, in relation to exposed goods unless the goods:

                     (a)  are within the precincts of a landing place or port; or

                     (b)  are on board a conveyance that is subject to biosecurity control; or

                     (c)  are on premises owned or controlled by the Commonwealth where biosecurity measures can be taken for the purpose of managing biosecurity risks; or

                     (d)  are on premises where biosecurity activities are carried out by a biosecurity industry participant in accordance with an approved arrangement covering the biosecurity industry participant.

160  Exposed goods orders

             (1)  An exposed goods order must:

                     (a)  be in writing; and

                     (b)  specify the exposed goods to which the order relates; and

                     (c)  specify the period during which the order is to be in force.

             (2)  An exposed goods order is not a legislative instrument.

             (3)  A biosecurity officer must give a copy of an exposed goods order to a person in charge of the exposed goods to which the order relates, if it is practicable to do so.

161  Effect of exposed goods order

             (1)  If an exposed goods order is in force in relation to exposed goods, the following provisions (to the extent that they are applicable) apply in relation to the goods as if they were subject to biosecurity control:

                     (a)  Division 4 (biosecurity risk assessment powers);

                     (b)  Division 5 (biosecurity measures to manage unacceptable level of biosecurity risk);

                     (c)  Divisions 6 and 7 (unloading goods);

                     (d)  Division 8 (reporting biosecurity incidents);

                     (e)  Division 10 (release of goods from biosecurity control).

             (2)  An exposed goods order ceases to be in force in relation to exposed goods if any of the following occurs:

                     (a)  the order expires;

                     (b)  the order is revoked;

                     (c)  subject to subsection (3), the goods are released from biosecurity control under Division 10.

             (3)  If:

                     (a)  goods to which an exposed goods order is in force are released from biosecurity control under paragraph 162(1)(e) by leaving Australian territory on a conveyance that is on a journey between places in Australian territory; and

                     (b)  the exposed goods order has not expired and has not been revoked when the conveyance re‑enters Australian territory during that journey;

the exposed goods order takes effect again when the conveyance re‑enters Australian territory during that journey.

Note:          Goods are released from biosecurity control under paragraph 162(1)(e) if they leave Australian territory.

Division 10Release of goods from biosecurity control

162  When goods brought into Australian territory are released from biosecurity control

             (1)  Goods that are subject to biosecurity control are released from biosecurity control if:

                     (a)  a biosecurity officer notifies or, before the goods became subject to biosecurity control, notified a person in charge of the goods, under section 163, that the goods are released from biosecurity control; or

                     (b)  a biosecurity industry participant, who is authorised to release the goods in accordance with an approved arrangement covering the participant, gives or, before the goods became subject to biosecurity control, gave a person in charge of the goods a written notice releasing them from biosecurity control; or

                     (c)  the goods are prescribed goods and the goods leave a designated biosecurity control release area at a first point of entry or an international mail centre; or

                     (d)  the goods are destroyed; or

                     (e)  the goods leave Australian territory.

Note 1:       This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This section applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

Note 2:       If goods are released from biosecurity control under paragraph (1)(e) by leaving Australian territory on a conveyance that is on a journey between places in Australian territory, the goods become subject to biosecurity control again when the conveyance re‑enters Australian territory during that journey (see subsection 119(4)). See also subsection 161(3), which deals with exposed goods in relation to which an exposed goods order is in force.

Note 3:       A biosecurity officer may refuse to release goods from biosecurity control if the goods are withheld under section 600 because a cost‑recovery charge has not been paid (see subsection 600(4)).

             (2)  To avoid doubt, if goods are released from biosecurity control under paragraph (1)(a) or (b) because of a notification, or written notice given, before the goods became subject to biosecurity control, they are released immediately after they became subject to biosecurity control.

Note:          The goods are therefore subject to biosecurity control for an instant. If a cost‑recovery charge is due and payable by the owner of the goods at that instant, section 598 creates a charge on the goods.

             (3)  Neither of the following is a legislative instrument:

                     (a)  a notification that is given in writing under paragraph (1)(a);

                     (b)  a notice referred to in paragraph (1)(b).

             (4)  The regulations may provide that a specified area at a first point of entry or an international mail centre is a designated biosecurity control release area for the purposes of paragraph (1)(c).

163  Notice releasing goods from biosecurity control

Giving notice

             (1)  For the purposes of paragraph 162(1)(a), a notice releasing goods from biosecurity control may be given:

                     (a)  in writing (including by an automated electronic system); or

                     (b)  orally.

Automated release notices

             (2)  An automated electronic system that is used to produce notices (automated release notices) releasing goods from biosecurity control for the purposes of paragraph 162(1)(a) must comply with the requirements prescribed by the regulations.

             (3)  An automated release notice is taken to have been given by a biosecurity officer.

             (4)  An automated release notice in relation to goods is of no effect to the extent that it is inconsistent with an earlier direction given in relation to the goods by a biosecurity officer under this Act.

164  Revoking notice releasing goods from biosecurity control

Revoking notice given by biosecurity officer

             (1)  A biosecurity officer may revoke a notice releasing goods from biosecurity control for the purposes of paragraph 162(1)(a) that was given to a person, by informing the person in writing or orally of the revocation. It does not matter whether the notice was given in writing (including by an automated electronic system) or orally.

Revoking notice given by biosecurity industry participant

             (2)  If a biosecurity industry participant gave a person in charge of goods a written notice for the purposes of paragraph 162(1)(b) releasing them from biosecurity control, the biosecurity industry participant or a biosecurity officer may revoke the notice by informing the person in writing of the revocation.

Grounds for revocation and timing of revocation

             (3)  Despite subsections (1) and (2), the biosecurity officer or biosecurity industry participant may revoke the notice only if:

                     (a)  he or she suspects on reasonable grounds that the level of biosecurity risk associated with the goods is unacceptable; and

                     (b)  the revocation occurs before any of the conditions in paragraphs 162(1)(c), (d) and (e) exist in relation to the goods.

Effect of revocation

             (4)  The revoked notice is taken never to have been given. This has effect for the purposes of this Act, except this section.

Written information of revocation is not a legislative instrument

             (5)  If the information of the revocation is in writing, the writing is not a legislative instrument.

Part 2Biosecurity Import Risk Analyses

Division 1Introduction

165  Simplified outline of this Part

This Part provides for the Director of Biosecurity to conduct Biosecurity Import Risk Analyses (BIRAs) in relation to particular goods, or a particular class of goods, that may be imported, or are proposed to be imported, into Australian territory.

A BIRA is an evaluation of the level of biosecurity risk associated with the goods or the class of goods.

A BIRA may identify conditions that must be met to manage the level of biosecurity risk associated with the goods, or the class of goods, to a level that achieves the ALOP for Australia.

Note:       The level of biosecurity risk associated with the goods may vary according to the place in Australian territory at which the goods are to enter Australian territory or be unloaded, so the conditions may vary accordingly.

Division 2Biosecurity Import Risk Analyses

166  What is a Biosecurity Import Risk Analysis (BIRA)

                   A Biosecurity Import Risk Analysis (or BIRA) is an evaluation of the level of biosecurity risk associated with particular goods, or a particular class of goods, that may be imported, or are proposed to be imported, into Australian territory, including, if necessary, the identification of conditions that must be met to manage the level of biosecurity risk associated with the goods, or the class of goods, to a level that achieves the ALOP for Australia.

Note:          The level of biosecurity risk associated with the goods may vary according to the place in Australian territory at which the goods are to enter Australian territory or be unloaded, so the conditions may vary accordingly.

167  Director of Biosecurity may conduct a BIRA

             (1)  The Director of Biosecurity may conduct a BIRA in relation to particular goods or a particular class of goods.

             (2)  The Director of Biosecurity must apply the ALOP for Australia in conducting a BIRA.

             (3)  The Director of Biosecurity may determine the order in which BIRAs are to be conducted.

             (4)  Subsection (3) has effect subject to any direction given to the Director of Biosecurity under subsection 168(1).

168  Agriculture Minister may direct Director of Biosecurity to commence a BIRA

             (1)  The Agriculture Minister may direct the Director of Biosecurity to commence a BIRA in relation to particular goods, or a particular class of goods, if the Agriculture Minister is satisfied that the BIRA should be commenced.

             (2)  A direction under subsection (1) must:

                     (a)  be in writing; and

                     (b)  set out the reasons for the direction.

             (3)  A direction under subsection (1) must be tabled in each House of the Parliament no later than 15 sitting days of that House after it is given.

             (4)  A direction under subsection (1) is not a legislative instrument.

             (5)  Except as provided in subsection (1), the Director of Biosecurity is not subject to direction by or on behalf of the Commonwealth Government in relation to the conduct, findings or outcome of a BIRA.

Note:          See also subsection 543(3) (directions the Agriculture Minister must not give).

169  Process for conducting a BIRA

             (1)  A BIRA must be conducted:

                     (a)  in accordance with a process prescribed in the regulations; and

                     (b)  taking into account the matters set out in the guidelines (if any) made by the Director of Biosecurity under subsection (2).

             (2)  The Director of Biosecurity may, in writing, make guidelines setting out matters to be taken into account in conducting a BIRA.

             (3)  Guidelines made under subsection (2) must be published on the Agriculture Department’s website.

             (4)  Guidelines made under subsection (2) are not legislative instruments.

             (5)  For the purpose of conducting a BIRA in relation to goods, or a class of goods, the Director of Biosecurity may request the Director of Human Biosecurity to prepare a statement of the human health risks associated with the goods or the class of goods.

170  Reports

             (1)  The regulations must require the Director of Biosecurity to prepare the following reports as part of the process of conducting a BIRA:

                     (a)  a draft BIRA report;

                     (b)  a provisional BIRA report;

                     (c)  a final BIRA report.

             (2)  A report referred to in subsection (1) must:

                     (a)  include the information prescribed by the regulations; and

                     (b)  be published in accordance with the regulations.

Part 3Prohibited goods etc.

Division 1Introduction

171  Simplified outline of this Part

This Part deals with bringing or importing goods into Australian territory.

This Part applies to the exclusion of State and Territory laws to the extent that the laws purport to prohibit or restrict the bringing or importation of particular goods into Australian territory, or into a part of Australian territory, from outside Australian territory for the purpose of managing biosecurity risks associated with the goods.

Certain goods (prohibited goods) must not be brought or imported into Australian territory at all.

Certain goods (conditionally non‑prohibited goods) may be brought or imported into Australian territory subject to conditions.

Division 2 provides for the Director of Biosecurity and the Director of Human Biosecurity to jointly determine that certain goods are prohibited goods or conditionally non‑prohibited goods.

Division 3 deals with permits to bring or import certain conditionally non‑prohibited goods into Australian territory.

Division 4 provides for the Director of Biosecurity to determine that certain goods (suspended goods) must not be brought or imported into Australian territory for a period of up to 6 months.

Division 5 sets out offences and civil penalty provisions.

172  Exclusion of State and Territory laws

                   This Part applies to the exclusion of a law, or a provision of a law, of a State or Territory to the extent that the law or provision purports to prohibit or restrict the bringing or importation of particular goods into Australian territory, or into a part of Australian territory, from outside Australian territory for the purpose of managing biosecurity risks associated with the goods.

Division 2Prohibited goods and conditionally non‑prohibited goods

173  Prohibited goods

             (1)  The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified goods, or a specified class of goods, must not be brought or imported into Australian territory.

             (2)  Goods specified in a determination in force under subsection (1), or goods included in a class of goods specified in a determination in force under that subsection, are prohibited goods.

             (3)  The Director of Biosecurity and the Director of Human Biosecurity may make a determination under subsection (1) in relation to specified goods, or a specified class of goods, only if each Director is satisfied that:

                     (a)  the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable; and

                     (b)  biosecurity measures would not be able to be taken to reduce that level of biosecurity risk to an acceptable level.

             (4)  The Director of Biosecurity and the Director of Human Biosecurity must apply the ALOP for Australia in conducting a risk assessment for the purpose of deciding whether to make a determination under subsection (1) specifying particular goods or a particular class of goods.

             (5)  A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

Note 1:       For variation and revocation of a determination made under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.

Note 2:       Division 5 sets out offences and civil penalty provisions relating to bringing or importing prohibited goods into Australian territory.

Note 3:       Prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth (see section 628).

174  Conditionally non‑prohibited goods

             (1)  The Director of Biosecurity and the Director of Human Biosecurity may jointly determine that specified classes of goods must not be brought or imported into Australian territory unless specified conditions (including conditions for administrative purposes) are complied with.

             (2)  Goods included in a class of goods specified in a determination in force under subsection (1) are conditionally non‑prohibited goods.

             (3)  The Director of Biosecurity and the Director of Human Biosecurity must apply the ALOP for Australia in conducting a risk assessment for the purpose of deciding whether to make a determination under subsection (1) specifying a particular class of goods.

             (4)  Without limiting subsection (1), a determination under that subsection may specify either, or both, of the following in relation to a class of goods specified in the determination:

                     (a)  a condition that goods included in that class must not be brought or imported into Australian territory unless a permit authorising the goods to be brought or imported into Australian territory has been granted under Division 3;

                     (b)  a condition relating to the use of goods included in that class.

Note:          A permit may be granted under Division 3 subject to conditions (see section 180).

             (5)  A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

Note 1:       For variation and revocation of a determination made under subsection (1), see subsection 33(3) of the Acts Interpretation Act 1901.

Note 2:       The Director of Biosecurity may determine that conditionally non‑prohibited goods (suspended goods) must not be brought or imported into Australian territory for a period of up to 6 months (see Division 4).

Note 3:       Division 5 sets out offences and civil penalty provisions relating to bringing or importing conditionally non‑prohibited goods into Australian territory.

Note 4:       Conditionally non‑prohibited goods that are brought or imported into Australian territory may be forfeited to the Commonwealth if a condition applying to the goods has not been complied with (see section 628).

175  Security may be required in relation to conditionally non‑prohibited goods

             (1)  The Director of Biosecurity may, if he or she considers it appropriate having regard to the criteria (if any) prescribed by the regulations for the purposes of subsection (2), require a security to be given in relation to conditionally non‑prohibited goods that are, or are intended to be, brought or imported into Australian territory.

             (2)  The regulations may:

                     (a)  prescribe criteria to which the Director of Biosecurity must have regard in considering whether to require a security to be given in relation to conditionally non‑prohibited goods that are, or are intended to be, brought or imported into Australian territory; and

                     (b)  make provision for, or in relation to, any security that may be required.

             (3)  Without limiting paragraph (2)(b), regulations made for the purposes of that paragraph may deal with any or all of the following:

                     (a)  the form of the security;

                     (b)  the amount of the security;

                     (c)  who must give the security;

                     (d)  when the security must be given;

                     (e)  the circumstances in which the security may be retained;

                      (f)  the circumstances in which the security, or any part of the security, must be repaid.

Note:          If a permit to bring or import conditionally non‑prohibited goods into Australian territory is required under this Act, the Director of Biosecurity may refuse to consider the application for the permit until the security is given (see subsection 179(6)).

Division 3Permits to bring or import goods into Australian territory

176  Application of this Division

                   This Division applies in relation to conditionally non‑prohibited goods that must not be brought or imported into Australian territory unless the Director of Biosecurity has granted a permit authorising the goods to be brought or imported into Australian territory.

Note:          A condition specified in a determination under subsection 174(1) in relation to conditionally non‑prohibited goods may require a permit to be granted under this Division authorising the goods to be brought or imported into Australian territory.

177  Person may apply for permit

             (1)  A person may apply to the Director of Biosecurity for a permit authorising, for the purposes of this Act, the person, or a person acting on behalf of the person, to bring or import particular goods to which this Division applies into Australian territory.

             (2)  An application must:

                     (a)  be in the form approved by the Director of Biosecurity; and

                     (b)  include the information prescribed by the regulations.

Note 1:       Personal information may also be required to be provided with the application (see subsection 531(1)). If personal information is required to be provided with the application and the information is not provided, the application is taken not to have been made (see subsection 531(2)).

Note 2:       An application fee may be required (see paragraph 592(4)(e)).

178  Dealing with application

             (1)  This section applies in relation to an application made under section 177 for a permit, unless the application is withdrawn.

Time within which decision must be made

             (2)  The Director of Biosecurity must make a decision in relation to the application within the period (the decision‑making period) that:

                     (a)  starts when the Director receives the application; and

                     (b)  is the period prescribed by the regulations, as extended under subsections (4) and (5) if relevant.

             (3)  If the Director of Biosecurity does not make a decision in relation to the application within the decision‑making period, the Director is taken to have refused under subsection 179(1) to grant the permit at the end of that period.

Extension of period for deciding on application

             (4)  The period prescribed by the regulations for the purposes of paragraph (2)(b) is extended, for each request made under subsection (6), by the number of days falling within the period:

                     (a)  starting on the day the request was made; and

                     (b)  ending on:

                              (i)  the day the information or documents requested were received by the Director of Biosecurity; or

                             (ii)  if the information or documents were not given within the period specified in the request—the last day of that period.

             (5)  The period prescribed by the regulations for the purposes of paragraph (2)(b) is also extended, for each activity that relates to an application and is prescribed by the regulations, by the number of days falling within the period:

                     (a)  starting on the day the activity starts; and

                     (b)  ending on the day the activity ends.

Director of Biosecurity may request further information etc.

             (6)  For the purpose of making a decision in relation to an application, the Director of Biosecurity may, within the decision‑making period, request:

                     (a)  the applicant; or

                     (b)  any other person who the Director considers may have information relevant to the application;

to give the Director further specified information or documents relevant to the application.

             (7)  A request under subsection (6):

                     (a)  must be in writing; and

                     (b)  must specify the period (which must not be longer than the period prescribed by the regulations for the purposes of this paragraph) within which the information or documents must be given.

179  Director of Biosecurity may grant permit

             (1)  The Director of Biosecurity may, on application by a person under section 177 for a permit in relation to particular goods, grant the permit.

Note 1:       The Director of Biosecurity is not subject to direction by the Agriculture Minister in relation to a decision relating to an application for a permit (see subsection 543(3)).

Note 2:       If the Director of Biosecurity does not make a decision in relation to the application within the decision‑making period for the application, the Director is taken to have refused to grant the permit at the end of that period (see subsection 178(3)).

Note 3:       A decision not to grant a permit is a reviewable decision (see Part 1 of Chapter 11).

             (2)  In deciding whether to grant the permit in relation to the goods, the Director of Biosecurity must consider:

                     (a)  the level of biosecurity risk associated with the goods; and

                     (b)  whether it would be necessary to impose conditions on the permit to reduce the level of biosecurity risk associated with the goods to an acceptable level; and

                     (c)  any personal information that is required to be provided with the application for the permit under section 531.

             (3)  The Director of Biosecurity must apply the ALOP for Australia in conducting a risk assessment for the purpose of deciding whether to grant the permit in relation to the goods.

             (4)  In deciding whether to grant the permit in relation to the goods, the Director of Biosecurity may also consider:

                     (a)  whether the applicant is a fit and proper person (having regard to the matters referred to in section 530); and

                     (b)  whether the applicant is an associate of a person whose application under section 177 for a permit has been refused (whether or not the person’s application related to goods of the same kind); and

                     (c)  any other matters relating to the goods or the applicant that the Director considers relevant.

             (5)  The Director of Biosecurity may refuse to grant the permit under subsection (1) in relation to the goods if the applicant is an associate of a person:

                     (a)  who has been refused a permit the person applied for under section 177 (whether in relation to the same or different goods); or

                     (b)  who was granted a permit under this section (whether in relation to the same or different goods) that was later revoked under section 181.

This does not limit the grounds on which the Director of Biosecurity may refuse to grant the permit under subsection (1).

             (6)  If a security in relation to the goods is required under section 175, the Director of Biosecurity may refuse to consider the application for the permit until the security is given.

             (7)  A permit must be in writing.

180  Conditions of permit

             (1)  A permit may be granted under section 179, subject to such conditions as are specified in the permit.

Note 1:       A decision to impose a condition on a permit is a reviewable decision (see Part 1 of Chapter 11).

Note 2:       A person who holds a permit granted under section 179 may commit an offence or contravene a civil penalty provision if the person contravenes a condition of the permit (see section 187).

             (2)  The Director of Biosecurity may, in accordance with the regulations:

                     (a)  vary or revoke a condition of a permit granted under section 179; or

                     (b)  impose further conditions on such a permit.

Note:          A decision to vary a condition of, or impose a further condition on, a permit is a reviewable decision (see Part 1 of Chapter 11).

             (3)  Without limiting subsections (1) and (2), conditions of a permit granted under section 179:

                     (a)  may require the holder of the permit to do specified things in relation to the goods to which the permit relates; and

                     (b)  may be required to be met either before or after the goods to which the permit relates are brought or imported into Australian territory.

181  Variation, suspension or revocation of permit

             (1)  The Director of Biosecurity may, in accordance with the regulations, do any of the following in relation to a permit granted under section 179:

                     (a)  vary the permit;

                     (b)  suspend the permit for a specified period;

                     (c)  revoke the permit.

Note 1:       The Director of Biosecurity is not subject to direction by the Agriculture Minister in relation to a decision relating to a permit (see subsection 543(3)).

Note 2:       A decision to vary a permit, to refuse to vary a permit, to suspend a permit for a period, or to revoke a permit is a reviewable decision (see Part 1 of Chapter 11).

Note 3:       A permit to bring or import goods into Australian territory may be taken to have been suspended for a period because of a determination in force under subsection 182(1) in relation to the goods (see section 184).

             (2)  A permit granted under section 179 is not in force during any period in which it is suspended.

             (3)  If:

                     (a)  a permit in relation to goods is suspended or revoked; and

                     (b)  a condition of the permit applied in relation to the goods immediately before the suspension or revocation of the permit;

the condition continues to apply in relation to the goods despite the suspension or revocation of the permit.

Note 1:       This subsection also applies if a permit is taken to have been suspended under section 184.

Note 2:       A person who was the holder of a permit that has been suspended may commit an offence or contravene a civil penalty provision if the person contravenes a condition of the permit that continues to apply because of this subsection (see section 187).

Division 4Suspended goods

182  Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period

             (1)  The Director of Biosecurity may determine that specified goods, or a specified class of goods, (including conditionally non‑prohibited goods) must not be brought or imported into Australian territory for a specified period. The period must not be longer than 6 months.

             (2)  Goods specified in a determination in force under subsection (1), or goods included in a class of goods specified in a determination in force under that subsection, are suspended goods.

             (3)  The Director of Biosecurity may make a determination under subsection (1) in relation to goods, or a class of goods, only if the Director is satisfied that the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable.

             (4)  The Director must apply the ALOP for Australia in conducting a risk assessment for the purpose of deciding whether to make a determination under subsection (1) specifying particular goods or a particular class of goods.

             (5)  A determination under subsection (1) must set out the reasons for making the determination.

             (6)  A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

             (7)  If a determination in force under subsection (1) in relation to goods, or a class of goods, is inconsistent with a determination in force under subsection 174(1):

                     (a)  the determination under subsection (1) of this section prevails; and

                     (b)  the determination under subsection 174(1) has, to the extent of the inconsistency, no effect.

Note 1:       Division 5 sets out offences and civil penalty provisions relating to bringing or importing suspended goods into Australian territory.

Note 2:       If suspended goods are brought or imported into Australian territory in contravention of a determination in force under subsection (1), the goods may be forfeited to the Commonwealth (see section 628).

183  Variation of determination suspending bringing or importation of goods into Australian territory

             (1)  The Director of Biosecurity may vary a determination in force under subsection 182(1) to extend the period of suspension specified in the determination for a further period of up to 6 months.

             (2)  The Director of Biosecurity may vary a determination under subsection (1) only if the Director is satisfied that the level of biosecurity risk associated with the goods, or the class of goods, specified in the determination continues to be unacceptable.

             (3)  The Director of Biosecurity may extend the period of suspension specified in a determination in force under subsection 182(1) more than once.

             (4)  This section does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a determination in force under subsection 182(1).

184  Effect on permit of suspended goods determination

                   If:

                     (a)  a determination under subsection 182(1) is in force in relation to goods or a class of goods; and

                     (b)  a permit has been granted under section 179 in relation to the goods or goods included in the class of goods;

the permit is taken to have been suspended under section 181 for the period specified in the determination, to the extent that the permit relates to those goods.

Note 1:       If a condition of the permit applied in relation to the goods immediately before the permit was taken to have been suspended, the condition continues to apply despite the suspension (see subsection 181(3)).

Note 2:       A person who was the holder of a permit that is taken to have been suspended may commit an offence or contravene a civil penalty provision if the person contravenes a condition of the permit that continues to apply because of subsection 181(3) (see section 187).

Division 5Offences and civil penalty provisions

185  Bringing or importing prohibited or suspended goods into Australian territory

             (1)  A person contravenes this subsection if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are:

                              (i)  prohibited goods; or

                             (ii)  suspended goods.

Note:          The physical elements of an offence against subsection (2) are set out in this subsection (see section 534).

Basic fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Fault‑based offence involving obtaining commercial advantage

             (4)  A person commits an offence if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are:

                              (i)  prohibited goods; or

                             (ii)  suspended goods; and

                     (c)  as a result of bringing or importing the goods into Australian territory, the person obtains, or may obtain, a commercial advantage over the person’s competitors or potential competitors.

Penalty:  Imprisonment for 10 years or 2,000 penalty units, or both.

Fault‑based offence involving harm to the environment or economic consequences

             (5)  A person commits an offence if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are:

                              (i)  prohibited goods; or

                             (ii)  suspended goods; and

                     (c)  the bringing or importation of the goods into Australian territory:

                              (i)  has caused, or has the potential to cause, harm to the environment; or

                             (ii)  has had, or has the potential to have, economic consequences.

Penalty:  Imprisonment for 10 years or 600 penalty units, or both.

Alternative verdict

             (6)  In a trial for an offence against subsection (4) or (5), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection (2) if:

                     (a)  the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) or (5); and

                     (b)  the trier of fact is satisfied that the defendant is guilty of the offence against subsection (2); and

                     (c)  the defendant has been accorded procedural fairness in relation to that finding of guilt.

186  Contravening conditions applying to conditionally non‑prohibited goods brought or imported into Australian territory

             (1)  A person contravenes this subsection if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are conditionally non‑prohibited goods; and

                     (c)  a condition in relation to the goods specified in a determination in force under subsection 174(1) has not been complied with.

Note 1:       The physical elements of an offence against subsection (2) are set out in this subsection (see section 534).

Note 2:       Subsection (7) provides an exception to an offence against this section and liability to a civil penalty under subsection (3).

Basic fault‑based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (3)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Fault‑based offence involving obtaining commercial advantage

             (4)  A person commits an offence if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are conditionally non‑prohibited goods; and

                     (c)  a condition in relation to the goods specified in a determination in force under subsection 174(1) has not been complied with; and

                     (d)  as a result, the person obtains, or may obtain, a commercial advantage over the person’s competitors or potential competitors.

Note:          The following are examples of a commercial advantage as referred to in paragraph (d):

(a)    avoiding business costs associated with obtaining an import permit or meeting other requirements under this Act;

(b)    avoiding delays necessarily involved in complying with applicable biosecurity measures.

Penalty:  Imprisonment for 10 years or 2,000 penalty units, or both.

Fault‑based offence involving harm to the environment or economic consequences

             (5)  A person commits an offence if:

                     (a)  the person brings or imports goods into Australian territory; and

                     (b)  the goods are conditionally non‑prohibited goods; and

                     (c)  a condition in relation to the goods specified in a determination in force under subsection 174(1) has not been complied with; and

                     (d)  the bringing or importation of the goods into Australian territory:

                              (i)  has caused, or has the potential to cause, harm to the environment; or

                             (ii)  has had, or has the potential to have, economic consequences.

Penalty:  Imprisonment for 10 years or 600 penalty units, or both.

Alternative verdict

             (6)  In a trial for an offence against subsection (4) or (5), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection (2) if:

                     (a)  the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) or (5); and

                     (b)  the trier of fact is satisfied that the defendant is guilty of the offence against subsection (2); and

                     (c)  the defendant has been accorded procedural fairness in relation to that finding of guilt.

Exception

             (7)  Subsection (1), (4) or (5) does not apply if the person:

                     (a)  did not do the act, or omit to do the act, that constituted the failure to comply with the condition referred to in paragraph (1)(c), (4)(c) or (5)(c); and

                     (b)  did not aid, abet, counsel or procure that act or omission; and

                     (c)  was not in any way knowingly concerned in, or party to, that act or omission (whether directly or indirectly and whether by any act or omission of the person).

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

187  Contravening conditions of a permit

Fault‑based offence—permits in force

             (1)  A person commits an offence if:

                     (a)  the person is the holder of a permit granted under section 179; and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes a condition of the permit.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision—permits in force

             (2)  A person is liable to a civil penalty if:

                     (a)  the person is the holder of a permit granted under section 179; and

                     (b)  the person contravenes a condition of the permit.

Civil penalty:          120 penalty units.

Fault‑based offence—suspended or revoked permits

             (3)  A person commits an offence if:

                     (a)  the person was the holder of a permit granted under section 179; and

                     (b)  the permit has been suspended or revoked under section 181; and

                     (c)  a condition of the permit continues to apply because of subsection 181(3); and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the condition.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision—suspended or revoked permits

             (4)  A person is liable to a civil penalty if:

                     (a)  the person was the holder of a permit granted under section 179; and

                     (b)  the permit has been suspended or revoked under section 181; and

                     (c)  a condition of the permit continues to apply because of subsection 181(3); and

                     (d)  the person contravenes the condition.

Civil penalty:          120 penalty units.

188  Receiving or possessing prohibited or suspended goods brought or imported into Australian territory

Strict liability offence

             (1)  A person commits an offence of strict liability if:

                     (a)  the person receives, or has in the person’s possession, goods; and

                     (b)  the goods are:

                              (i)  prohibited goods; or

                             (ii)  suspended goods.

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty:  60 penalty units.

Exception

             (2)  Subsection (1) does not apply if:

                     (a)  the goods were not brought or imported into Australian territory; or

                     (b)  the goods were brought or imported into Australian territory but, at the time they were brought or imported into Australian territory, they were not:

                              (i)  prohibited goods; or

                             (ii)  suspended goods; or

                     (c)  the goods are the progeny of other goods that were legally brought or imported into Australian territory.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Chapter 4Managing biosecurity risks: conveyances

Part 1Introduction

  

189  Objects of this Chapter

                   The main objects of this Chapter are:

                     (a)  to provide for the assessment of the level of biosecurity risk associated with conveyances entering Australian territory from outside Australian territory, including by:

                              (i)  controlling the places where those conveyances can land or be moored in Australian territory; and

                             (ii)  controlling the movement of conveyances that are subject to biosecurity control while they are in Australian territory; and

                     (b)  to provide for biosecurity measures to be taken in relation to conveyances referred to in paragraph (a) if the level of biosecurity risk associated with them is considered to be unacceptable; and

                     (c)  to give effect to Australia’s rights and obligations in relation to ship sanitation for the purposes of the International Health Regulations.

Note:          In this Chapter, a conveyance does not include a conveyance (the carried conveyance) brought or imported into Australian territory from outside Australian territory on board another conveyance until the carried conveyance is released from biosecurity control as goods (see section 16).

Part 2Conveyances entering Australian territory etc.

Division 1Introduction

190  Simplified outline of this Part

This Part deals with conveyances that enter, or intend to enter, Australian territory from outside Australian territory.

Division 2 provides for those conveyances to be subject to biosecurity control when they enter Australian territory. Division 2 also provides for other conveyances to be subject to biosecurity control if they are exposed to a conveyance that is subject to biosecurity control.

Division 3 provides for pre‑arrival reports to be given in relation to aircraft or vessels that enter or intend to enter Australian territory from outside Australian territory and aircraft or vessels that intend to be, or are, exposed to conveyances or goods that are subject to biosecurity control. Division 3 also provides for persons on board incoming aircraft or vessels to provide information for the purpose of assessing the level of biosecurity risk associated with them.

Division 4 sets out powers that may be exercised to assess the level of biosecurity risk associated with conveyances that are subject to biosecurity control.

Division 5 provides for biosecurity measures to be taken if the level of biosecurity risk associated with conveyances that are subject to biosecurity control is considered to be unacceptable.

Division 6 deals with leaving conveyances that are subject to biosecurity control.

Division 7 sets out how conveyances that are subject to biosecurity control are released from biosecurity control.

Division 8 deals with when a vessel must display the prescribed quarantine signal and provides for other miscellaneous matters.

Division 2Conveyances that are subject to biosecurity control

191  Aircraft and vessels entering Australian territory

             (1)  This section applies to an aircraft or vessel that has entered Australian territory during a flight or voyage that commenced outside Australian territory.

Note 1:       A reference in this Division to an aircraft does not include an aircraft brought or imported into Australian territory from outside Australian territory on board another conveyance (see subsection 16(3)).

Note 2:       A reference in this Division to a vessel does not include a vessel brought or imported into Australian territory from outside Australian territory on board another conveyance (see subsection 16(4)).

Note 3:       A vessel includes an installation (see subparagraph (b)(i) of the definition of vessel in section 9, and the definition of installation in section 20).

             (2)  The aircraft or vessel becomes subject to biosecurity control when the aircraft or vessel enters Australian territory.

Note:          Part 4 deals with entry points for aircraft and vessels that intend to land or be moored in Australian territory.

             (3)  The aircraft or vessel remains subject to biosecurity control until it is released from biosecurity control.

Note:          Division 7 deals with releasing conveyances from biosecurity control.

             (4)  If the aircraft or vessel is released from biosecurity control under paragraph 218(1)(d) by leaving Australian territory during a flight or voyage between places in Australian territory, the aircraft or vessel becomes subject to biosecurity control again when it re‑enters Australian territory during that flight or voyage.

Note:          An aircraft or vessel is released from biosecurity control under paragraph 218(1)(d) if it leaves Australian territory.

192  Conveyances exposed to other conveyances that are subject to biosecurity control

             (1)  This section applies in relation to a conveyance that is not already subject to biosecurity control if:

                     (a)  the conveyance is exposed to:

                              (i)  an aircraft or vessel that is subject to biosecurity control because of subsection 191(2) or (4); or

                             (ii)  a conveyance that is subject to biosecurity control because of subsection (2), (3) or (5) of this section; or

                            (iii)  goods that are subject to biosecurity control and are of a kind prescribed by the regulations; or

                     (b)  in the course of a journey by the conveyance:

                              (i)  the conveyance leaves Australian territory; and

                             (ii)  the conveyance is exposed to another conveyance while it is outside Australian territory; and

                            (iii)  after being exposed to the other conveyance, the conveyance re‑enters Australian territory.

Note 1:       In this Chapter, a conveyance does not include a conveyance (the carried conveyance) brought or imported into Australian territory from outside Australian territory on board another conveyance until the carried conveyance is released from biosecurity control as goods (see section 16).

Note 2:       See section 17 for the meaning of exposed to.

             (2)  A conveyance (an exposed conveyance) that is exposed to an aircraft or vessel, another conveyance or goods as referred to in paragraph (1)(a) becomes subject to biosecurity control when it is exposed to that aircraft, vessel, other conveyance or goods.

             (3)  A conveyance (also an exposed conveyance) to which paragraph (1)(b) applies becomes subject to biosecurity control when it re‑enters Australian territory.

             (4)  An exposed conveyance remains subject to biosecurity control until it is released from biosecurity control.

Note:          Division 7 deals with releasing conveyances from biosecurity control.

             (5)  If an exposed conveyance is released from biosecurity control under paragraph 218(1)(d) by leaving Australian territory during a journey between places in Australian territory, the exposed conveyance becomes subject to biosecurity control again when it re‑enters Australian territory during that journey.

Note:          A conveyance is released from biosecurity control under paragraph 218(1)(d) if it leaves Australian territory.

             (6)  The Director of Biosecurity may, by legislative instrument, determine that this section does not apply in relation to:

                     (a)  specified conveyances; or

                     (b)  specified conveyances in specified circumstances.

Note 1:       A determination under this subsection may make different provision with respect to different classes of conveyances (see subsection 33(3A) of the Acts Interpretation Act 1901).

Note 2:       For variation and revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

Division 3Pre‑arrival reporting etc.

193  Pre‑arrival reporting

             (1)  The operator of an aircraft or vessel must give a report if:

                     (a)  it is intended that the aircraft or vessel enter, or the aircraft or vessel enters, Australian territory:

                              (i)  on a flight or voyage that commenced outside Australian territory; or

                             (ii)  after being exposed to another conveyance while outside Australian territory; or

                     (b)  it is intended that the aircraft or vessel be, or the aircraft or vessel is, exposed to:

                              (i)  a conveyance that is subject to biosecurity control; or

                             (ii)  goods referred to in subparagraph 192(1)(a)(iii).

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the operator is required to give the report (see subsection (7) of this section).

             (2)  The report must:

                     (a)  include the information in relation to the aircraft or vessel that is prescribed by the regulations; and

                     (b)  be given in the manner, and to the person, prescribed by the regulations; and

                     (c)  be given at a time, or during the period, prescribed by the regulations (which may be before or after the aircraft or vessel enters Australian territory, or is exposed to another conveyance in Australian territory, as referred to in subsection (1)); and

                     (d)  be in a form or forms approved by the Director of Biosecurity.

Note:          The regulations may prescribe different requirements for reports for different classes of aircraft or vessels (see subsection 33(3A) of the Acts Interpretation Act 1901).

             (3)  The regulations may prescribe exceptions to the requirement to give a report under this section.

Note:          A defendant bears an evidential burden in relation to any exception prescribed for the purposes of this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Failure to give report

             (4)  A person contravenes this subsection if:

                     (a)  the person is required to give a report under subsection (1); and

                     (b)  the person does not give the report in accordance with subsection (2).

Note:          The physical elements of an offence against subsection (5) are set out in this subsection (see section 534).

Fault‑based offence

             (5)  A person commits an offence if the person contravenes subsection (4).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (7)  Subsections (4), (5) and (6) apply whether or not the person is in Australian territory when the person is required to give the report.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

194  Pre‑arrival reporting—requirement to give additional or corrected information

             (1)  If:

                     (a)  the operator of an aircraft or vessel gives a report in relation to the aircraft or vessel under section 193; and

                     (b)  the person in charge or the operator of the aircraft or vessel becomes aware that the information included in the report was incomplete or incorrect;

the operator must as soon as practicable give a biosecurity officer the additional or corrected information.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).

Note 2:       The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the person in charge or the operator of the aircraft or vessel becomes aware that the information included in a report given under section 193 was incomplete or incorrect (see subsection (5) of this section).

Failure to give information

             (2)  A person contravenes this subsection if:

                     (a)  the person is required to give information to a biosecurity officer under subsection (1); and

                     (b)  the person does not give the information to a biosecurity officer as required by that subsection.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (2).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (5)  Subsections (2), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

195  Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report

             (1)  A biosecurity officer may exercise the powers under subsections (2), (3) and (4) for the purpose of assessing the level of biosecurity risk associated with an aircraft or vessel that is the subject of a report under paragraph 193(1)(a) but was not subject to biosecurity control when the report was given and has not become subject to biosecurity control since.

Power to require information or answers to questions

             (2)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the aircraft or vessel to answer questions, or provide information in writing, in relation to the aircraft or vessel.

Note 1:       The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Power to require production of documents

             (3)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the aircraft or vessel to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.

Note 1:       The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

Power to deal with documents

             (4)  A biosecurity officer:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (3); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

Complying with requirements

             (5)  A person contravenes this subsection if:

                     (a)  the person is required:

                              (i)  to answer questions or give information to a biosecurity officer under subsection (2); or

                             (ii)  to produce documents to a biosecurity officer under subsection (3); and

                     (b)  the person does not comply with the requirement.

Note:          The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).

Fault‑based offence

             (6)  A person commits an offence if the person contravenes subsection (5).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (8)  Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the person is required to answer the questions, give the information or produce the documents.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

196  Persons on incoming aircraft or vessel may be required to provide information to assess biosecurity risk

             (1)  This section applies in relation to a person who:

                     (a)  intends to enter, or enters, Australian territory on an incoming aircraft or vessel; and

                     (b)  is included in a prescribed class of persons.

             (2)  The Director of Biosecurity may require the person to provide information (including by answering questions) for the purpose of assessing the level of biosecurity risk associated with the person and any goods that the person has with him or her.

Note 1:       This section is not subject to the privilege against self‑incrimination (see section 635).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

             (3)  The information required under subsection (2) must be provided in the manner approved by the Director of Biosecurity.

Civil penalty provision

             (4)  A person who is required to provide information under subsection (2) must comply with the requirement.

Civil penalty:          120 penalty units.

Division 4Assessment of level of biosecurity risk

197  Biosecurity risk assessment powers

                   This Division sets out powers that may be exercised for the purpose of assessing the level of biosecurity risk associated with a conveyance that is subject to biosecurity control.

198  Securing conveyance

             (1)  A biosecurity officer may direct the person in charge or the operator of the conveyance to secure the conveyance in a manner, and for a period (which must not exceed 48 hours), specified by the biosecurity officer.

Note:          The biosecurity officer may give more than one direction relating to the conveyance (see subsection 33(1) of the Acts Interpretation Act 1901).

Civil penalty provision

             (2)  A person who is given a direction under subsection (1) must comply with the direction.

Civil penalty:          120 penalty units.

Note 1:       If judicial review is sought in relation to a direction given under subsection (1), the direction remains in force unless a court finally determines the validity of the decision to give the direction (see section 538).

Note 2:       A person may contravene a civil penalty provision for moving, dealing with or interfering with a conveyance that has been secured in accordance with a direction given under subsection (1) (see section 204).

Note 3:       See also section 572 (general provisions relating to directions).

199  Inspecting conveyance

                   A biosecurity officer may conduct a physical inspection of the conveyance.

200  Asking questions about conveyance

             (1)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the conveyance to answer questions, or provide information in writing, in relation to the conveyance.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Civil penalty provision

             (2)  A person who is required to answer questions, or provide information in writing, under subsection (1) must comply with the requirement.

Civil penalty:          120 penalty units.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

201  Requiring documents relating to conveyance to be produced

             (1)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the conveyance to produce to the officer such of those documents as are specified by the officer.

Note:          A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

             (2)  A biosecurity officer:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (1); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

Civil penalty provision

             (3)  A person who is required to produce documents under subsection (1) must comply with the requirement.

Civil penalty:          120 penalty units.

Note:          This section is not subject to the privilege against self‑incrimination (see section 635).

202  Movement of conveyance

             (1)  A biosecurity officer may:

                     (a)  give any of the following directions to the person in charge or the operator of the conveyance:

                              (i)  a direction not to move, deal with or interfere with the conveyance;

                             (ii)  a direction to move the conveyance, as soon as practicable, to a place specified by the biosecurity officer (except a place outside Australian territory);

                            (iii)  any other direction relating to the movement of the conveyance; or

                     (b)  cause the conveyance to be moved to another place (except a place outside Australian territory).

Civil penalty provision

             (2)  A person who is given a direction under paragraph (1)(a) must comply with the direction.

Civil penalty:          120 penalty units.

Note 1:       A person may contravene a civil penalty provision for moving, dealing with or interfering with a conveyance in relation to which a direction relating to movement has been given under paragraph (1)(a) or that has been moved under paragraph (1)(b) (see section 204).

Note 2:       See also section 572 (general provisions relating to directions).

203  Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance

             (1)  A biosecurity officer may:

                     (a)  affix a biosecurity control notice to, or as near as reasonably practicable to, the conveyance; or

                     (b)  give a biosecurity control notice to the person in charge of the conveyance.

Civil penalty provision

             (2)  A person is liable to a civil penalty if:

                     (a)  a biosecurity control notice is affixed to, or as near as reasonably practicable to, a conveyance under paragraph (1)(a); and

                     (b)  the person interferes with, removes or defaces the notice; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (3)  Subsection (2) does not apply if the person is authorised to engage in the conduct referred to in paragraph (2)(b) under this Act or under another Australian law.

Note 1:       A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2:       A person may contravene a civil penalty provision for moving, dealing with or interfering with a conveyance in relation to which a biosecurity control notice has been affixed under paragraph (1)(a) (see section 204).

204  Unauthorised persons must not move etc. conveyance in relation to which direction has been given

             (1)  This section applies in relation to:

                     (a)  a conveyance that has been secured in accordance with a direction given under subsection 198(1); or

                     (b)  a conveyance in relation to which a direction relating to movement has been given under paragraph 202(1)(a); or

                     (c)  a conveyance that has been moved under paragraph 202(1)(b); or

                     (d)  a conveyance in relation to which a biosecurity control notice has been affixed under paragraph 203(1)(a).

Civil penalty provision

             (2)  A person is liable to a civil penalty if:

                     (a)  the person moves, deals with or interferes with a conveyance in relation to which this section applies; and

                     (b)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (3)  Subsection (2) does not apply if the person is authorised to engage in the conduct referred to in paragraph (2)(a) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Division 5Biosecurity measures to manage unacceptable level of biosecurity risk

205  Biosecurity measures may be required in relation to conveyance

                   If a biosecurity officer suspects, on reasonable grounds, that the level of biosecurity risk associated with a conveyance that is subject to biosecurity control is unacceptable, a biosecurity officer may require biosecurity measures to be taken in relation to the conveyance as set out in this Division.

Note:          Sections 629 and 630 deal with abandoned and forfeited conveyances in relation to which biosecurity measures have been required under this Division.

206  Movement of certain aircraft and vessels

             (1)  This section applies in relation to an aircraft or vessel that is subject to biosecurity control because of subsection 191(2) or (4) (aircraft and vessels entering Australian territory).

             (2)  Subject to subsection (3), a biosecurity officer may:

                     (a)  give any of the following directions to the person in charge or the operator of the aircraft or vessel:

                              (i)  a direction not to move, deal with or interfere with the aircraft or vessel;

                             (ii)  a direction to move the aircraft or vessel, as soon as practicable, to a place specified by the biosecurity officer (including a place outside Australian territory);

                            (iii)  any other direction relating to the movement of the aircraft or vessel; or

                     (b)  cause the aircraft or vessel to be moved to another place (including a place outside Australian territory).

Note:          If a direction is given under paragraph (2)(a) in relation to an aircraft or vessel, and the direction is not complied with, the person in charge and the operator of the aircraft or vessel may each commit an offence or contravene a civil penalty provision (see section 215).

             (3)  A biosecurity officer must not, without the written approval of the Director of Biosecurity:

                     (a)  give a direction under subparagraph (2)(a)(ii) or (iii) requiring the aircraft or vessel to be moved to a place outside Australian territory; or

                     (b)  under paragraph (2)(b), cause the aircraft or vessel to be moved to a place outside Australian territory.

Note 1:       Before giving an approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       See also section 572 (general provisions relating to directions).

207  Movement of exposed conveyances

             (1)  This section applies in relation to an exposed conveyance that is subject to biosecurity control because of subsection 192(2), (3) or (5).

             (2)  A biosecurity officer may:

                     (a)  give any of the following directions to the person in charge or the operator of the conveyance:

                              (i)  a direction not to move, deal with or interfere with the conveyance;

                             (ii)  a direction to move the conveyance, as soon as practicable, to a place specified by the biosecurity officer (except a place outside Australian territory);

                            (iii)  any other direction relating to the movement of the conveyance; or

                     (b)  cause the conveyance to be moved to another place (except a place outside Australian territory).

Note 1:       If a direction is given under paragraph (2)(a) in relation to a conveyance, and the direction is not complied with, the person in charge and the operator of the conveyance may each commit an offence or contravene a civil penalty provision (see section 215).

Note 2:       See also section 572 (general provisions relating to directions).

208  Treatment of conveyance

             (1)  A biosecurity officer may, subject to subsection (2), require the conveyance to be treated in a manner specified by the biosecurity officer.

Note:          If the treatment might damage the conveyance, the person in charge or the operator of the conveyance must be asked to agree to the treatment (see section 209).

             (2)  A biosecurity officer must not require a high‑value conveyance to be treated in a manner that the biosecurity officer suspects, on reasonable grounds, is likely to damage the conveyance, without the written approval of the Director of Biosecurity.

209  Treatment that may damage conveyance

             (1)  This section applies if:

                     (a)  a biosecurity officer requires a conveyance to be treated in a specified manner under subsection 208(1); and

                     (b)  a biosecurity officer suspects, on reasonable grounds, that treatment of the conveyance in that manner is likely to damage the conveyance.

Notice must be given that treatment is likely to damage conveyance

             (2)  Before any treatment is carried out on the conveyance, a biosecurity officer must, by notice in writing:

                     (a)  inform the person in charge or the operator of the conveyance that:

                              (i)  the conveyance is required to be treated in a specified manner; and

                             (ii)  the treatment is likely to damage the conveyance; and

                     (b)  request the person in charge or the operator to agree to the treatment of the conveyance.

             (3)  However, the conveyance may be treated in the specified manner without notice having been given under subsection (2) if:

                     (a)  a biosecurity officer suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the conveyance; and

                     (b)  the biosecurity officer is satisfied that the conveyance needs to be treated as soon as practicable to reduce that risk to an acceptable level.

Dealing with conveyance if person in charge or operator does not agree to treatment

             (4)  If:

                     (a)  a notice is given to the person in charge or the operator of the conveyance under subsection (2); and

                     (b)  the person in charge or the operator does not, within 30 days after receiving the notice, notify a biosecurity officer in writing that the person or operator agrees to the conveyance being treated as specified in the notice;

a biosecurity officer may, in writing, request the person in charge or the operator to arrange for the conveyance:

                     (c)  to be dealt with, or destroyed, in a manner specified in the request; or

                     (d)  to be removed from Australian territory;

within the period specified in the request.

             (5)  If:

                     (a)  a request is made under subsection (4) in relation to the conveyance; and

                     (b)  the conveyance is not, within the period specified in the request:

                              (i)  dealt with, or destroyed, in a manner specified in the request; or

                             (ii)  removed from Australian territory;

then:

                     (c)  a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and

                     (d)  a biosecurity officer may, with the written approval of the Director of Biosecurity, cause the conveyance to be removed from Australian territory, destroyed or otherwise disposed of.

Note:          Before giving approval under paragraph (5)(d), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

             (6)  A biosecurity enforcement officer must not take possession of the conveyance under subsection (5) unless:

                     (a)  the owner of the conveyance has consented in writing to the taking of possession; or

                     (b)  the taking of possession is authorised by a conveyance possession warrant.

Note:          For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.

             (7)  If a conveyance is to be destroyed under this section, a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.

210  Destruction of conveyance

             (1)  If a biosecurity officer considers, on reasonable grounds, that the conveyance cannot be effectively treated, a biosecurity officer may, subject to subsection (2), require the conveyance to be destroyed.

Note 1:       If a conveyance is required under this section to be destroyed:

(a)    paragraphs 213(1)(b) and (c) let a biosecurity officer direct the operator or owner of the conveyance to arrange for it to be destroyed (and failure to comply with the direction may be an offence against section 215 or attract a civil penalty under that section); and

(b)    paragraph 213(1)(d) lets a biosecurity officer destroy the conveyance; and

(c)    paragraph 213(1)(e) lets a biosecurity officer arrange for someone else to carry out the destruction of the conveyance.

Note 2:       The conveyance must not be destroyed until after any review or related proceeding (including any appeal) has been finally determined (see section 211), unless subsection (4) of this section applies or the owner or operator of the conveyance chooses.

Director of Biosecurity must approve destruction

             (2)  A biosecurity officer must not require the conveyance to be destroyed without the written approval of the Director of Biosecurity.

Note 1:       Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       A decision to give approval for a requirement for a conveyance to be destroyed is a reviewable decision (see Part 1 of Chapter 11).

Notice must be given that conveyance is required to be destroyed

             (3)  Before a biosecurity officer takes action under paragraph 213(1)(b), (c), (d) or (e) in relation to the requirement to destroy the conveyance, a biosecurity officer must, by notice in writing:

                     (a)  inform the owner or the operator of the conveyance of:

                              (i)  the requirement that the conveyance be destroyed; and

                             (ii)  the reasons why the conveyance is required to be destroyed; and

                     (b)  request the owner or the operator of the conveyance to arrange for the conveyance:

                              (i)  to be removed from Australian territory; or

                             (ii)  to be destroyed in a manner specified in the notice;

                            within the period specified in the notice.

             (4)  However, a notice is not required to be given under subsection (3) if either:

                     (a)  a biosecurity officer:

                              (i)  has not been able, despite making reasonable efforts, to locate the owner or the operator of the conveyance; and

                             (ii)  has certified in writing to that effect; or

                     (b)  a biosecurity officer:

                              (i)  suspects, on reasonable grounds, that there is a high level of biosecurity risk associated with the conveyance; and

                             (ii)  is satisfied that the conveyance needs to be destroyed as soon as practicable to reduce that risk to an acceptable level.

Note:          If a biosecurity officer cannot, despite making reasonable efforts, locate the owner or the operator of a conveyance, the conveyance may be forfeited to the Commonwealth (see section 630).

Dealing with conveyance if conveyance is not removed from Australian territory or destroyed

             (5)  If:

                     (a)  a notice is given to the owner or the operator of the conveyance under subsection (3) and the conveyance is not, within the period specified in the notice:

                              (i)  removed from Australian territory; or

                             (ii)  destroyed in a manner specified in the notice; or

                     (b)  a certificate in relation to the conveyance has been issued under subparagraph (4)(a)(ii); or

                     (c)  paragraph (4)(b) applies;

then:

                     (d)  a biosecurity enforcement officer may, subject to subsection (6), take possession of the conveyance; and

                     (e)  a biosecurity officer may, with the written approval of the Director of Biosecurity for the destruction of the conveyance, take action under paragraph 213(1)(d) or (e) to destroy the conveyance or arrange for another person to destroy it.

Note:          Before giving approval under paragraph (5)(e), the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

             (6)  A biosecurity enforcement officer must not take possession of a conveyance under subsection (5) unless:

                     (a)  the owner or the operator of the conveyance has consented in writing to the taking of possession; or

                     (b)  the taking of possession is authorised by a conveyance possession warrant.

Note 1:       This subsection does not apply in relation to a conveyance that has been forfeited to the Commonwealth under section 630.

Note 2:       For the issue of warrants, and the obligations and powers of biosecurity enforcement officers in taking possession of a conveyance under a warrant, see Part 3, and Division 3 of Part 4, of Chapter 9.

             (7)  If a conveyance is to be destroyed under subsection 213(1), a biosecurity officer may cause any goods on board the conveyance to be removed from the conveyance before it is destroyed.

211  Conveyance must not be destroyed during review period

             (1)  This section applies if a biosecurity officer has given a notice in relation to a conveyance in accordance with subsection 210(3).

             (2)  A biosecurity officer must not take action under subsection 213(1), in relation to the requirement to destroy the conveyance, until:

                     (a)  after the period in which an application may be made for review (including merits or judicial review) of:

                              (i)  the decision to require the conveyance to be destroyed; or

                             (ii)  the decision of the Director of Biosecurity to approve the making of the requirement; or

                     (b)  if an application referred to in paragraph (a) is made—after the review or any related proceeding (including any appeal) has been finally determined.

Note:          If a conveyance is required under section 210 to be destroyed:

(a)    paragraphs 213(1)(b) and (c) let a biosecurity officer direct the operator or owner of the conveyance to arrange for it to be destroyed (and failure to comply with the direction may be an offence against section 215 or attract a civil penalty under that section); and

(b)    paragraph 213(1)(d) lets a biosecurity officer destroy the conveyance; and

(c)    paragraph 213(1)(e) lets a biosecurity officer arrange for someone else to carry out the destruction of the conveyance.

             (3)  However, subsection (2) does not apply in relation to the conveyance if a biosecurity officer is satisfied that:

                     (a)  there is a high level of biosecurity risk associated with the conveyance; and

                     (b)  the biosecurity risk cannot be managed for long enough to allow a review of a decision described in paragraph (2)(a), and any related proceeding (including any appeal), to be finally determined.

             (4)  If:

                     (a)  in accordance with subsection (3), a biosecurity officer takes action under subsection 213(1) in relation to the requirement to destroy the conveyance before the end of the period referred to in paragraph (2)(a); and

                     (b)  no application for review described in paragraph (2)(a) had been made before the action was taken;

an application for review described in paragraph (2)(a) must not be made.

             (5)  If:

                     (a)  an application referred to in paragraph (2)(a) has been made; and

                     (b)  before the review or any related proceeding (including any appeal) has been finally determined, a biosecurity officer takes action in accordance with subsection (3) under subsection 213(1) in relation to the requirement to destroy the conveyance;

the review or related proceeding (including any appeal) is taken to be discontinued when the action is taken.

212  Regulations may provide for other biosecurity measures

             (1)  The regulations may provide that a biosecurity officer may require a specified kind of biosecurity measure (a prescribed biosecurity measure) to be taken in relation to the conveyance.

             (2)  Regulations made for the purposes of this section must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken in relation to the conveyance:

                     (a)  a biosecurity measure of a kind set out in Division 4 of this Part (biosecurity risk assessment powers);

                     (b)  a biosecurity measure of a kind set out in another provision of this Division (biosecurity measures to manage unacceptable level of biosecurity risk);

                     (c)  a biosecurity measure of a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).

             (3)  Regulations made for the purposes of this section may also provide for, or in relation to, other matters relating to a prescribed biosecurity measure.

             (4)  Without limiting subsection (3), regulations made for the purposes of this section may do any of the following:

                     (a)  provide for persons to be notified, and the circumstances in which the persons must be notified, that a prescribed biosecurity measure is required to be taken in relation to a conveyance;

                     (b)  if regulations made for the purposes of subsection 574(2) provide that the decision to require a prescribed biosecurity measure to be taken in relation to a conveyance is a reviewable decision—provide that, except in the circumstances (if any) prescribed, the prescribed biosecurity measure must not be taken during the period in which a review of that decision, or any related proceeding (including any appeal), has been finally determined.

213  Powers of biosecurity officer if biosecurity measures are required

             (1)  If a biosecurity officer requires a biosecurity measure to be taken in relation to a conveyance under section 208 or 209 (treatment), section 210 (destruction) or a regulation made for the purposes of section 212, a biosecurity officer may:

                     (a)  direct the person in charge of the conveyance to carry out the biosecurity measure, unless the measure is destruction of the conveyance; or

                     (b)  direct the operator of the conveyance to arrange for the biosecurity measure to be carried out; or

                     (c)  direct the owner of the conveyance to arrange for the biosecurity measure to be carried out, if the measure is destruction of the conveyance; or

                     (d)  carry out the biosecurity measure; or

                     (e)  arrange for another person with appropriate qualifications or expertise to carry out the biosecurity measure.

Note 1:       Sections 210 and 211 set out prerequisites to a biosecurity officer taking certain actions under this section in relation to a requirement under section 210 to destroy a conveyance.

Note 2:       A person who is given a direction under paragraph (1)(a), (b) or (c) of this section may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section 215).

Note 3:       See also section 572 (general provisions relating to directions).

             (2)  If, under this section, a biosecurity officer:

                     (a)  gives a direction to a person to carry out a biosecurity measure; or

                     (b)  arranges for another person with appropriate qualifications or expertise to carry out a biosecurity measure;

a biosecurity officer may supervise the taking of the biosecurity measure.

214  Biosecurity officer may affix notice to conveyance

             (1)  A biosecurity officer may affix a notice to, or as near as reasonably practicable to, a conveyance in relation to which biosecurity measures have been required under:

                     (a)  this Division; or

                     (b)  a regulation made for the purposes of section 212.

             (2)  The notice must state:

                     (a)  that the level of biosecurity risk associated with the conveyance is unacceptable; and

                     (b)  that biosecurity measures have been required in relation to the conveyance, in accordance with this Chapter, for the purpose of managing that biosecurity risk; and

                     (c)  the effect of subsections (3) and (4) and section 216.

Civil penalty provision

             (3)  A person is liable to a civil penalty if:

                     (a)  a notice is affixed to, or as near as reasonably practicable to, a conveyance under subsection (1); and

                     (b)  the person interferes with, removes or defaces, the notice; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (4)  Subsection (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph (3)(b) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

215  Person must comply with direction to take biosecurity measures

             (1)  A person who is given a direction in relation to a conveyance under paragraph 206(2)(a), 207(2)(a) or 213(1)(a), (b) or (c) must comply with the direction.

Fault‑based offences

             (2)  A person commits an offence if:

                     (a)  the person is the person in charge, the operator or the owner of an aircraft or vessel; and

                     (b)  the person has been given a direction under paragraph 206(2)(a), 207(2)(a) or 213(1)(a), (b) or (c); and

                     (c)  the person engages in conduct; and

                     (d)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (3)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a direction under paragraph 206(2)(a), 207(2)(a) or 213(1)(b), other than a direction under paragraph 213(1)(b) to arrange for destruction of the aircraft or vessel to be carried out; and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (4)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the person in charge of the aircraft or vessel has been given a direction under paragraph 206(2)(a), 207(2)(a) or 213(1)(a); and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (5)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the owner of the aircraft or vessel has been given a direction under paragraph 213(1)(c); and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  The owner of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a direction under paragraph 213(1)(b) to arrange for the destruction of the aircraft or vessel to be carried out; and

                     (b)  the direction is not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provisions

             (7)  The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft or vessel has been given a direction under paragraph 206(2)(a), 207(2)(a) or 213(1)(a) or (b), other than a direction under paragraph 213(1)(b) to arrange for destruction of the aircraft or vessel to be carried out; and

                     (b)  the direction is not complied with.

Civil penalty:          120 penalty units.

             (8)  The operator and the owner of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the operator or the owner of the aircraft or vessel has been given a direction under paragraph 213(1)(b) or (c) to arrange for destruction of the aircraft or vessel to be carried out; and

                     (b)  the direction is not complied with.

Civil penalty:          120 penalty units.

216  Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required

             (1)  A person contravenes this subsection if:

                     (a)  a notice has been affixed to, or as near as reasonably practicable to, a conveyance under subsection 214(1); and

                     (b)  the person moves, deals with or interferes with the conveyance; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Division 6Leaving conveyances

217  Person in charge of conveyance may leave conveyance unless directed not to do so

             (1)  The person in charge of a conveyance that is subject to biosecurity control may leave the conveyance unless a biosecurity officer has directed the person not to leave the conveyance.

Note:          If the conveyance is an incoming aircraft or vessel, the person in charge of the aircraft or vessel must not leave the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or he or she is authorised to leave by or under this Act or another Australian law (see sections 48 and 49).

             (2)  A biosecurity officer may direct the person in charge of the conveyance not to leave the conveyance for a specified period. The period must not be longer than 24 hours.

Note:          See also section 572 (general provisions relating to directions).

             (3)  A person who is given a direction under subsection (2) must comply with the direction.

Fault‑based offence

             (4)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (2); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (5)  A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty:          120 penalty units.

Division 7Release of conveyances from biosecurity control

218  When conveyance is released from biosecurity control

             (1)  A conveyance that is subject to biosecurity control is released from biosecurity control if:

                     (a)  a biosecurity officer notifies the person in charge of the conveyance, the owner of the conveyance or the operator of the conveyance, under section 219, that the conveyance is released from biosecurity control; or

                     (b)  a written notice releasing the conveyance from biosecurity control is given to the person in charge of the conveyance by a biosecurity industry participant who is authorised to release the conveyance in accordance with an approved arrangement covering the biosecurity industry participant; or

                     (c)  the conveyance is destroyed; or

                     (d)  the conveyance leaves Australian territory.

Note:          If a conveyance is released from biosecurity control under paragraph (1)(d) by leaving Australian territory during a journey between places in Australian territory, the conveyance becomes subject to biosecurity control again when it re‑enters Australian territory during that journey (see subsections 191(4) and 192(5)).

             (2)  Neither of the following is a legislative instrument:

                     (a)  a notification that is given in writing under paragraph (1)(a);

                     (b)  a notice referred to in paragraph (1)(b).

219  Notice releasing conveyance from biosecurity control

Giving notice

             (1)  For the purposes of paragraph 218(1)(a), a notice releasing a conveyance from biosecurity control may be given:

                     (a)  in writing (including by an automated electronic system); or

                     (b)  orally.

Automated release notices

             (2)  An automated electronic system that is used to produce notices (automated release notices) releasing conveyances from biosecurity control for the purposes of paragraph 218(1)(a) must comply with the requirements prescribed by the regulations.

             (3)  An automated release notice is taken to have been given by a biosecurity officer.

             (4)  An automated release notice in relation to a conveyance is of no effect to the extent that it is inconsistent with an earlier direction given in relation to the conveyance by a biosecurity officer under this Act.

Division 8Miscellaneous

220  Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels

             (1)  The person in charge or the operator of an incoming aircraft or vessel that is subject to biosecurity control because of subsection 191(2) or (4) must ensure that each person (including a member of the crew) on board the aircraft or vessel is given information about biosecurity requirements under the laws of the Commonwealth.

Civil penalty:          120 penalty units.

             (2)  The content and form of information given under subsection (1) must have been approved by the Director of Biosecurity or the Director of Human Biosecurity.

             (3)  The information may be given in writing or orally, including by means of an audio, or audio‑visual, recording.

221  Quarantine signal

             (1)  The person in charge of a vessel that is within Australian territory must ensure that the prescribed quarantine signal is displayed on the vessel in the circumstances and in the manner prescribed by the regulations.

             (2)  The regulations must prescribe:

                     (a)  the quarantine signal; and

                     (b)  the circumstances in which the quarantine signal must be displayed on a vessel within Australian territory; and

                     (c)  the manner in which the quarantine signal must be displayed.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Note:          For strict liability, see section 6.1 of the Criminal Code.

Penalty for contravention of this subsection:        50 penalty units.

Part 3First points of entry and biosecurity entry points

Division 1Introduction

222  Simplified outline of this Part

This Part deals with first points of entry and biosecurity entry points for conveyances and goods that are subject to biosecurity control.

Division 2 provides for the Director of Biosecurity or the Director of Human Biosecurity to determine the landing places in Australian territory that are first points of entry for certain aircraft and goods that are subject to biosecurity control.

Division 2 also provides for an area of a landing place that is a first point of entry to be designated as a biosecurity entry point for certain aircraft and goods that are subject to biosecurity control.

Division 3 provides for the Director of Biosecurity or the Director of Human Biosecurity to determine the ports in Australian territory that are first points of entry for certain vessels and goods that are subject to biosecurity control.

Division 3 also provides for an area of a port that is a first point of entry to be designated as a biosecurity entry point for vessels and goods that are subject to biosecurity control.

Division 2First 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

             (1)  The Director of Biosecurity or the Director of Human Biosecurity may determine that a specified landing place in Australian territory is a first point of entry for any of the following:

                     (a)  aircraft generally, or a specified class of aircraft, that are subject to biosecurity control;

                     (b)  specified goods, or a specified class of goods:

                              (i)  that are subject to biosecurity control; or

                             (ii)  in relation to which an exposed goods order is in force.

             (2)  The Director of Biosecurity or the Director of Human Biosecurity may make a determination under subsection (1) in relation to a landing place only if the Director who is proposing to make the determination is satisfied that:

                     (a)  the requirements (if any) prescribed by the regulations in relation to the landing place are met; and

                     (b)  the level of biosecurity risk associated with operations carried out at the landing place is acceptable.

             (3)  For the purpose of being satisfied of the matters referred to in subsection (2), the Director of Biosecurity or the Director of Human Biosecurity (as the case may be) may have regard to any matter that the Director considers relevant.

Note:          A determination under subsection (1) may be varied under section 226 or 227 or revoked under section 227. Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.

224  Biosecurity entry points for aircraft and goods that are subject to biosecurity control

                   A determination under subsection 223(1) in relation to a landing place may designate a specified area of the landing place as a biosecurity entry point for any of the following:

                     (a)  aircraft generally, or a specified class of aircraft, as referred to in paragraph 223(1)(a);

                     (b)  specified goods, or a specified class of goods, as referred to in paragraph 223(1)(b).

225  Determination may be subject to conditions

             (1)  A determination under subsection 223(1) in relation to a landing place may be expressed to be subject to conditions specified in the determination.

             (2)  Without limiting subsection (1), the conditions may relate to any of the following:

                     (a)  an owner or lessee of the landing place;

                     (b)  a person or body that is responsible for carrying out operations at the landing place;

                     (c)  the operations carried out at the landing place.

226  Determination may have effect for specified period

             (1)  A determination under subsection 223(1) may be expressed to have effect for a specified period.

             (2)  If a determination under subsection 223(1) is expressed to have effect for a specified period, the Director who made the determination may vary the determination to extend or shorten the period.

227  Variation and revocation of determination etc.

                   If a determination is made under subsection 223(1) in relation to a landing place, the Director who made the determination may vary or revoke the determination, or vary the conditions specified in the determination (including by imposing new conditions), if the Director is satisfied that:

                     (a)  one or more requirements prescribed by regulations made for the purposes of paragraph 223(2)(a) in relation to the landing place are no longer being met; or

                     (b)  the level of biosecurity risk associated with operations carried out at the landing place has become unacceptable; or

                     (c)  a condition specified in the determination under section 225 has not been, or is not being, met; or

                     (d)  the landing place is no longer required to be a first point of entry for aircraft or goods to which the determination relates; or

                     (e)  a circumstance prescribed by the regulations has occurred.

228  Determination is a legislative instrument

                   Each of the following is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument:

                     (a)  a determination made under subsection 223(1);

                     (b)  an instrument that varies or revokes a determination made under subsection 223(1).

Division 3First 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

             (1)  The Director of Biosecurity or the Director of Human Biosecurity may determine that a specified port in Australian territory is a first point of entry for any of the following:

                     (a)  vessels generally, or a specified class of vessels, that are subject to biosecurity control;

                     (b)  specified goods, or a specified class of goods:

                              (i)  that are subject to biosecurity control; or

                             (ii)  in relation to which an exposed goods order is in force.

             (2)  The Director of Biosecurity or the Director of Human Biosecurity may make a determination under subsection (1) in relation to a port only if the Director who is proposing to make the determination is satisfied that:

                     (a)  the requirements (if any) prescribed by the regulations in relation to the port are met; and

                     (b)  the level of biosecurity risk associated with operations carried out at the port is acceptable.

             (3)  For the purpose of being satisfied of the matters referred to in subsection (2), the Director of Biosecurity or the Director of Human Biosecurity (as the case may be) may have regard to any matter that the Director considers relevant.

Note:          A determination under subsection (1) may be varied under section 232 or 233 or revoked under section 233. Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.

230  Biosecurity entry points for vessels and goods that are subject to biosecurity control

                   A determination under subsection 229(1) in relation to a port may designate a specified area of the port as a biosecurity entry point for any of the following:

                     (a)  vessels generally, or a specified class of vessels, as referred to in paragraph 229(1)(a);

                     (b)  specified goods, or a specified class of goods, as referred to in paragraph 229(1)(b).

231  Determination may be subject to conditions

             (1)  A determination under subsection 229(1) in relation to a port may be expressed to be subject to conditions specified in the determination.

             (2)  Without limiting subsection (1), the conditions may relate to any of the following:

                     (a)  an owner or lessee of the port;

                     (b)  a person or body that is responsible for carrying out operations at the port;

                     (c)  the operations carried out at the port.

232  Determination may have effect for specified period

             (1)  A determination under subsection 229(1) may be expressed to have effect for a specified period.

             (2)  If a determination under subsection 229(1) is expressed to have effect for a specified period, the Director who made the determination may vary the determination to extend or shorten the period.

233  Variation and revocation of determination etc.

                   If a determination is made under subsection 229(1) in relation to a port, the Director who made the determination may vary or revoke the determination, or vary the conditions specified in the determination (including by imposing new conditions), if the Director is satisfied that:

                     (a)  one or more requirements prescribed by regulations made for the purposes of paragraph 229(2)(a) in relation to the port are no longer being met; or

                     (b)  the level of biosecurity risk associated with operations carried out at the port has become unacceptable; or

                     (c)  a condition specified in the determination under section 231 has not been, or is not being, met; or

                     (d)  the port is no longer required to be a first point of entry for vessels or goods to which the determination relates; or

                     (e)  a circumstance prescribed by the regulations has occurred.

234  Determination is a legislative instrument

                   Each of the following is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument:

                     (a)  a determination made under subsection 229(1);

                     (b)  an instrument that varies or revokes a determination made under subsection 229(1).

Part 4Entry points for incoming aircraft and vessels

Division 1Introduction

235  Simplified outline of this Part

This Part makes provision in relation to the places (the entry points) in Australian territory where incoming aircraft and vessels can land or be moored.

Division 2 deals with entry points for aircraft. Unless permitted or directed to do otherwise, an aircraft must land at a first point of entry for the aircraft and, if there is a biosecurity entry point for the aircraft at that first point of entry, the aircraft must be brought to that biosecurity entry point.

Division 3 deals with entry points for vessels. Unless permitted or directed to do otherwise, a vessel must be moored at a first point of entry for the vessel and, if there is a biosecurity entry point for the vessel at that first point of entry, the vessel must be brought to that biosecurity entry point.

Division 4 provides for biosecurity officers and biosecurity enforcement officers to enter landing places or ports where an aircraft or vessel that is subject to biosecurity control has arrived, or intends to arrive, for the purpose of performing functions or exercising powers under this Act.

Division 2Entry points for aircraft that intend to land in Australian territory

236  Application of this Division

                   This Division applies in relation to an aircraft that intends to land at a landing place in Australian territory.

Note:          A reference in this Division to an aircraft does not include an aircraft brought or imported into Australian territory from outside Australian territory on board another conveyance (see subsection 16(3)).

237  Aircraft must land at first point of entry

             (1)  An aircraft that is subject to biosecurity control must not land at a landing place in Australian territory that is not a first point of entry for the aircraft, unless:

                     (a)  permission has been given under subsection 239(2) for the aircraft to land at that landing place; or

                     (b)  a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

Fault‑based offences

             (2)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft; and

                     (b)  the aircraft is subject to biosecurity control; and

                     (c)  the person permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and

                     (d)  neither of the following applies:

                              (i)  permission has been given under subsection 239(2) for the aircraft to land at that landing place;

                             (ii)  a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (3)  The person in charge of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the operator of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 239(2) for the aircraft to land at that landing place;

                             (ii)  a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (4)  The operator of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the person in charge of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 239(2) for the aircraft to land at that landing place;

                             (ii)  a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (5)  The person in charge and the operator of an aircraft are each liable to a civil penalty if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft lands at a landing place in Australian territory that is not a first point of entry for the aircraft; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 239(2) for the aircraft to land at that landing place;

                             (ii)  a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

Civil penalty:          120 penalty units.

238  Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry

             (1)  If:

                     (a)  an aircraft that is subject to biosecurity control has landed at a first point of entry for the aircraft; and

                     (b)  there is a biosecurity entry point for the aircraft at the first point of entry;

the aircraft must be brought to that biosecurity entry point as soon as practicable.

Note:          Goods that are to be unloaded from the aircraft must generally be brought to a biosecurity entry point (if any) for the goods (see sections 147 and 148).

Fault‑based offences

             (2)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft; and

                     (b)  the aircraft is subject to biosecurity control; and

                     (c)  the aircraft has landed at a first point of entry for the aircraft; and

                     (d)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (e)  the person does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (3)  The person in charge of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the operator of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (4)  The operator of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the person in charge of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (5)  The person in charge and the operator of an aircraft are each liable to a civil penalty if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the aircraft is not brought to that biosecurity entry point as soon as practicable.

Civil penalty:          120 penalty units.

239  Permission for aircraft to land at landing place that is not first point of entry for aircraft

             (1)  The person in charge or the operator of an aircraft that intends to land at a landing place in Australian territory may, in writing, request the Director of Biosecurity or the Director of Human Biosecurity to give permission for the aircraft to land at a specified landing place in Australian territory that is not a first point of entry for the aircraft.

Note:          The person in charge and the operator of the aircraft may also request permission for goods to be unloaded at the specified landing place (see section 146).

             (2)  If the Director of Biosecurity or the Director of Human Biosecurity receives a request under subsection (1), the Director may, by written notice to the person in charge or the operator of the aircraft, give permission for the aircraft to land at the landing place specified in the request.

             (3)  The Director of Biosecurity or the Director of Human Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.

Fault‑based offences

             (4)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft; and

                     (b)  the person has been given a permission under subsection (2); and

                     (c)  the permission is subject to conditions; and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the conditions.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (5)  The person in charge of an aircraft commits an offence if:

                     (a)  the operator of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (6)  The operator of an aircraft commits an offence if:

                     (a)  the person in charge of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (7)  The person in charge and the operator of an aircraft are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Civil penalty:          120 penalty units.

240  Direction requiring aircraft to land, or not to land, at specified landing place

             (1)  Subject to subsections (2) and (3), a biosecurity officer may give the person in charge or the operator of an aircraft that intends to land at a landing place in Australian territory:

                     (a)  a direction requiring the aircraft to land at a specified landing place in Australian territory; or

                     (b)  a direction requiring the aircraft not to land at one or more specified landing places in Australian territory.

Note:          The person in charge or the operator of the aircraft may commit an offence or contravene a civil penalty provision for failing to comply with a direction given under this subsection (see section 243).

             (2)  A direction may be given under paragraph (1)(a) or (b) only if a biosecurity officer is satisfied that the direction is necessary to manage biosecurity risks associated with the aircraft or any person or thing on board the aircraft.

             (3)  A direction must not be given under paragraph (1)(b) requiring the aircraft not to land at any landing place in Australian territory.

Note:          A direction of this kind may be given under section 241.

             (4)  A biosecurity officer must revoke a direction given under paragraph (1)(b) if a biosecurity officer is satisfied that the direction is no longer necessary to manage biosecurity risks associated with the aircraft or any person or thing on board the aircraft.

             (5)  Subsection (4) does not, by implication, limit the power of a biosecurity officer to revoke a direction given under paragraph (1)(b).

241  Direction requiring aircraft not to land at any landing place in Australian territory

             (1)  Subject to subsections (2) and (3), a biosecurity officer may give the person in charge or the operator of an aircraft that intends to land at a landing place in Australian territory a direction requiring the aircraft not to land at any landing place in Australian territory.

Note:          The person in charge or the operator of the aircraft may commit an offence or contravene a civil penalty provision for failing to comply with a direction given under this subsection (see section 243).

             (2)  A biosecurity officer must not give a direction under subsection (1) without the written approval of the Director of Biosecurity.

Note:          Before giving approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in subsection (3) and the matters referred to in section 32 (the principles).

             (3)  The Director of Biosecurity must not give approval for a direction to be given under subsection (1) unless the Director is satisfied, on reasonable grounds, that:

                     (a)  the level of biosecurity risk associated with the aircraft or any person or thing on board the aircraft is unacceptable; and

                     (b)  biosecurity measures cannot be taken to reduce that level of biosecurity risk to an acceptable level.

             (4)  The Director of Biosecurity must not give approval for a direction to be given under subsection (1) for the purpose of managing human health risks associated with the aircraft or any person or thing on board the aircraft.

             (5)  A biosecurity officer must revoke a direction given under subsection (1) if the Director of Biosecurity is satisfied that:

                     (a)  the level of biosecurity risk associated with the aircraft or any person or thing on board the aircraft is no longer unacceptable; or

                     (b)  biosecurity measures can be taken to reduce the level of biosecurity risk associated with the aircraft or any person or thing on board the aircraft to an acceptable level; or

                     (c)  the direction should be revoked for any other reason.

Note:          See also section 572 (general provisions relating to directions).

242  Direction requiring aircraft to land, or not to land, at specified landing place—management of human health risks

             (1)  Subject to subsections (2) and (3), a chief human biosecurity officer or a human biosecurity officer may give the person in charge or the operator of an aircraft that intends to land at a landing place in Australian territory:

                     (a)  a direction requiring the aircraft to land at a specified landing place in Australian territory; or