Federal Register of Legislation - Australian Government

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Act No. 33 of 2021 as made
An Act to amend the Biosecurity Act 2015, and for related purposes
Administered by: Agriculture, Water and the Environment
Originating Bill: Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Bill 2021
Registered 06 Apr 2021
Date of Assent 31 Mar 2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

 

 

 

 

 

Biosecurity Amendment (Clarifying Conditionally Non‑prohibited Goods) Act 2021

 

No. 33, 2021

 

 

 

 

 

An Act to amend the Biosecurity Act 2015, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Biosecurity Act 2015                                                                                                   3

 


Commonwealth Coat of Arms of Australia

 

 

Biosecurity Amendment (Clarifying Conditionally Non-prohibited Goods) Act 2021

No. 33, 2021

 

 

 

An Act to amend the Biosecurity Act 2015, and for related purposes

[Assented to 31 March 2021]

The Parliament of Australia enacts:

1  Short title

                   This Act is the Biosecurity Amendment (Clarifying Conditionally Non‑prohibited Goods) Act 2021.

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.  The whole of this Act

The day after this Act receives the Royal Assent.

1 April 2021

Note:          This table relates only to the provisions of this Act as originally enacted.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  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Biosecurity Act 2015

1  After section 639

Insert:

639A  Clarifying conditionally non‑prohibited goods

             (1)  This section applies if a determination purportedly made under subsection 174(1) before the commencement of the Biosecurity Amendment (Clarifying Conditionally Non‑prohibited Goods) Act 2021 would, apart from this section, be wholly or partly invalid only because the Director of Biosecurity and the Director of Human Biosecurity, or either of them, did not:

                     (a)  conduct a risk assessment for the purpose of deciding whether to make the determination; or

                     (b)  apply, or correctly apply, the ALOP for Australia in conducting a risk assessment for that purpose.

             (2)  This section also applies if the determination would, apart from this section, be wholly or partly invalid for any other failure to comply with section 174 or subsection 541(4).

             (3)  The determination is taken for all purposes to be, and always to have been, valid.

             (4)  To avoid doubt:

                     (a)  anything done or purported to have been done by a person (including, but not limited to, any action taken or purportedly taken under section 628) that would have been invalid except for subsection (3) is taken always to have been valid, despite any effect that may have on the accrued rights of any person; and

                     (b)  this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.

 


[Minister’s second reading speech made in—

Senate on 18 March 2021

House of Representatives on 25 March 2021]

(25/21)