Contents
Chapter 1—Preliminary 1
Part 1—Preliminary 1
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Simplified outline of this Act.............................................................. 2
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 6
8............ Concurrent operation of State and Territory laws................................ 7
Part 2—Definitions 8
9............ Definitions.......................................................................................... 8
10.......... Meaning of approved arrangement.................................................. 30
11.......... Meaning of associate........................................................................ 30
12.......... Meaning of Australian territory........................................................ 31
13.......... Meaning of biosecurity entry point................................................... 32
14.......... Meaning of biosecurity industry participant and covered by............ 33
15.......... Meaning of commercial‑in‑confidence.............................................. 33
16.......... Meaning of conveyance..................................................................... 33
17.......... Meaning of exposed to...................................................................... 34
18.......... Meaning of first point of entry.......................................................... 35
19.......... Meaning of goods............................................................................. 35
20.......... Meaning of installation..................................................................... 36
21.......... Meaning of operator of a conveyance.............................................. 37
22.......... Meaning of person in charge............................................................ 37
Part 3—Constitutional and international law provisions 39
Division 1—Introduction 39
23.......... Simplified outline of this Part............................................................ 39
Division 2—Constitutional and international law provisions 40
24.......... Severability....................................................................................... 40
25.......... Application of this Act in relation to pests that are quarantine risks or invasive pests 42
26.......... Application of this Act in relation to invasive pests.......................... 43
27.......... Compensation for acquisition of property......................................... 43
28.......... Freedom of interstate trade, commerce and intercourse..................... 44
29.......... Commonwealth not to give preference.............................................. 44
30.......... Application of this Act to foreign aircraft and vessels....................... 44
Part 4—Principles affecting decisions to exercise certain powers 45
31.......... Simplified outline of this Part............................................................ 45
32.......... The principles.................................................................................... 45
Chapter 2—Managing biosecurity risks: human health 49
Part 1—General protections and listing human diseases 49
Division 1—Introduction 49
33.......... Simplified outline of this Part............................................................ 49
Division 2—Protections 50
Subdivision A—General protections 50
34.......... The principles.................................................................................... 50
35.......... No interference with urgent or life‑threatening medical needs........... 51
Subdivision B—Protections for children or incapable persons 51
36.......... Child or incapable person may be accompanied................................ 51
37.......... Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person 51
38.......... Requirement to comply with direction............................................... 52
39.......... Parent, guardian or next of kin may authorise person to accompany child or incapable person 53
40.......... Giving consent.................................................................................. 53
41.......... Exception for requiring an individual to remain at a place................. 53
Division 3—Listing human diseases 54
42.......... Listing human diseases..................................................................... 54
Part 2—Preventing risks to human health 55
Division 1—Introduction 55
43.......... Simplified outline of this Part............................................................ 55
Division 2—Entry and exit requirements 56
44.......... Entry requirements............................................................................ 56
45.......... Exit requirements.............................................................................. 57
46.......... Civil penalties for failing to comply with certain entry and exit requirements 60
Division 3—Contact information for operators 61
47.......... Requirements for operators to provide 24/7 contact information....... 61
Division 4—Pratique 62
48.......... Positive pratique................................................................................ 62
49.......... Negative pratique.............................................................................. 62
50.......... Pre‑departure reporting..................................................................... 63
Division 5—Preventative biosecurity measures 65
51.......... Determining preventative biosecurity measures................................ 65
52.......... Civil penalty for failing to comply with a preventative biosecurity measure 66
Division 6—Information gathering powers 67
54.......... Who may ask questions and require written information.................. 67
55.......... Asking questions and requiring answers from particular individuals 67
56.......... Asking questions and requiring answers from any individual.......... 68
57.......... Requiring an individual to provide written information..................... 69
58.......... Offence for failing to comply with a requirement.............................. 69
Part 3—Managing risks to human health: human biosecurity control orders 70
Division 1—Introduction 70
59.......... Simplified outline of this Part............................................................ 70
Division 2—Imposing human biosecurity control orders on individuals 72
Subdivision A—Imposing, varying and revoking human biosecurity control orders 72
60.......... Imposing a human biosecurity control order on an individual........... 72
61.......... Contents of a human biosecurity control order.................................. 73
62.......... Form of a human biosecurity control order....................................... 74
63.......... Giving a human biosecurity control order to an individual................ 74
64.......... Varying a human biosecurity control order....................................... 75
65.......... Giving notice of a variation of a human biosecurity control order..... 76
66.......... Revoking a human biosecurity control order..................................... 76
67.......... Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order.......................................................................................................... 77
Subdivision B—Powers if officer intends to impose human biosecurity control order 77
68.......... Requiring an individual to remain at a place...................................... 77
69.......... Providing contact information........................................................... 77
70.......... Requirement for an individual to notify changes to contact information 78
Subdivision C—When an individual is required to comply with a biosecurity measure 79
71.......... Consenting to a biosecurity measure................................................. 79
72.......... Director of Human Biosecurity may give direction requiring compliance 79
73.......... When direction to comply with biosecurity measure ceases to be in force 82
74.......... When individual is required to comply with a biosecurity measure... 83
Subdivision D—AAT review of isolation and traveller movement measures 85
75.......... Obligation on Director of Human Biosecurity relating to Administrative Appeals Tribunal application 85
76.......... Applications...................................................................................... 85
77.......... Reasons and documents.................................................................... 86
78.......... Time period for making a decision.................................................... 88
79.......... Limitation on Administrative Appeals Tribunal power to stay etc. decisions 89
Subdivision E—Other provisions relating to external review of isolation and traveller movement measures 89
80.......... Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977 89
81.......... Judicial review of isolation and traveller movement measures.......... 90
Division 3—Biosecurity measures that may be included in a human biosecurity control order 91
Subdivision A—General provisions relating to including biosecurity measures in a human biosecurity control order 91
82.......... Who can include a biosecurity measure in a human biosecurity control order 91
83.......... Informing individual of risks............................................................ 91
84.......... Test for including a biosecurity measure in a human biosecurity control order 92
Subdivision B—Biosecurity measures that may be included in a human biosecurity control order 92
85.......... Managing contacts............................................................................ 92
86.......... Contacting officer with health status................................................. 93
87.......... Restricting behaviour........................................................................ 93
88.......... Risk minimisation interventions........................................................ 93
89.......... Decontamination............................................................................... 94
90.......... Undergoing an examination.............................................................. 94
91.......... Requiring body samples for diagnosis.............................................. 95
92.......... Receiving a vaccination or treatment................................................. 95
93.......... Receiving medication........................................................................ 96
94.......... Appropriate medical or other standards to be applied........................ 96
95.......... No use of force to require compliance with certain biosecurity measures 96
96.......... Traveller movement measure............................................................. 97
97.......... Isolation measure.............................................................................. 97
Subdivision C—Provisions relating to traveller movement measures 98
98.......... Traveller movement measure alert..................................................... 98
99.......... Content of traveller movement measure alert..................................... 99
100........ Destruction of traveller movement measure alert............................. 100
101........ Prevention from leaving Australian territory................................... 100
Division 4—Other provisions relating to human biosecurity control orders 101
Subdivision A—Consular assistance 101
102........ Consular assistance......................................................................... 101
Subdivision B—Detention 102
103........ Detention......................................................................................... 102
104........ Rules relating to detention............................................................... 103
105........ Release from detention.................................................................... 104
106........ Offence for escaping from detention............................................... 105
Subdivision C—Miscellaneous 105
107........ Offence for failing to comply with a human biosecurity control order 105
108........ Expenses incurred in complying with human biosecurity control orders 105
Part 4—Managing risks to human health: other biosecurity measures 106
Division 1—Introduction 106
109........ Simplified outline of this Part.......................................................... 106
Division 2—Managing deceased individuals 107
110........ Human remains brought into Australian territory............................ 107
111........ Officer may give directions for managing human remains.............. 108
112........ Individuals who have died in transit or on arrival........................... 108
Division 3—Human health response zones 110
113........ Determining human health response zones..................................... 110
114........ Consultation requirements............................................................... 111
115........ Notification requirements................................................................ 111
116........ Civil penalty for failing to comply with a requirement of a human health response zone determination 112
Chapter 3—Managing biosecurity risks: goods 113
Part 1—Goods brought into Australian territory 113
Division 1—Introduction 113
117........ Simplified outline of this Part.......................................................... 113
118........ Objects of this Part.......................................................................... 114
Division 2—Goods are subject to biosecurity control 115
119........ Goods brought into Australian territory are subject to biosecurity control 115
Division 3—Notice of goods to be unloaded in Australian territory 116
120........ Notice must be given of goods to be unloaded in Australian territory 116
121........ Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information 118
122........ Power to obtain extra information relating to goods covered by a notice under section 120 119
Division 4—Assessment of level of biosecurity risk 122
123........ Biosecurity risk assessment powers................................................ 122
124........ Direction to secure goods................................................................ 122
125........ Inspecting goods and taking samples.............................................. 122
126........ Asking questions about goods........................................................ 123
127........ Requiring documents relating to goods to be produced................... 124
128........ Movement of goods........................................................................ 124
129........ Biosecurity control notice may be affixed to goods or given to person in charge of goods 125
130........ Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed........................................................................................................ 126
Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk 128
131........ Biosecurity measures may be required in relation to goods............. 128
132........ Movement of goods........................................................................ 128
133........ Treatment of goods......................................................................... 128
134........ Treatment that is likely to damage goods......................................... 129
135........ Export of goods.............................................................................. 131
136........ Destruction of goods....................................................................... 131
137........ Regulations may provide for other biosecurity measures................ 133
138........ Powers of biosecurity officer if biosecurity measures are required. 134
139........ Biosecurity officer may affix notice to goods.................................. 135
140........ Person must comply with direction to take biosecurity measures.... 136
141........ Unauthorised persons must not move etc. goods to which notice has been affixed 136
Division 6—Unloading goods at landing places or ports 138
142........ Application of this Division............................................................ 138
143........ Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc. 138
144........ Person may unload goods from aircraft or vessel subject to direction etc. 139
145........ Goods must not be unloaded except at first point of entry for those goods or with permission 141
146........ Permission to unload goods at landing place or port other than first point of entry for those goods 141
147........ Goods must be brought to biosecurity entry point for those goods at first point of entry 143
148........ Permission to bring goods to alternative biosecurity entry point..... 145
149........ Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division 146
Division 7—Unloading goods from vessel displaying prescribed quarantine signal 148
150........ Application of this Division............................................................ 148
151........ Unloading goods from vessel displaying prescribed quarantine signal 148
152........ Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal 149
Division 8—Reporting biosecurity incidents 151
153........ Application of this Division............................................................ 151
154........ Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents 151
155........ Reporting by person in charge of aircraft or vessel carrying goods 151
156........ Reporting by person in charge of goods......................................... 152
157........ How reports must be made............................................................. 153
Division 9—Goods exposed to goods that are subject to biosecurity control 154
158........ Application of this Division............................................................ 154
159........ Assessment and management of biosecurity risk associated with exposed goods 154
160........ Exposed goods orders..................................................................... 155
161........ Effect of exposed goods order........................................................ 155
Division 10—Release of goods from biosecurity control 157
162........ When goods brought into Australian territory are released from biosecurity control 157
163........ Notice releasing goods from biosecurity control............................. 158
164........ Revoking notice releasing goods from biosecurity control.............. 159
Part 2—Biosecurity Import Risk Analyses 160
Division 1—Introduction 160
165........ Simplified outline of this Part.......................................................... 160
Division 2—Biosecurity Import Risk Analyses 161
166........ What is a Biosecurity Import Risk Analysis (BIRA)...................... 161
167........ Director of Biosecurity may conduct a BIRA................................. 161
168........ Agriculture Minister may direct Director of Biosecurity to commence a BIRA 161
169........ Process for conducting a BIRA...................................................... 162
170........ Reports............................................................................................ 163
Part 3—Prohibited goods etc. 164
Division 1—Introduction 164
171........ Simplified outline of this Part.......................................................... 164
172........ Exclusion of State and Territory laws............................................. 165
Division 2—Prohibited goods and conditionally non‑prohibited goods 166
173........ Prohibited goods............................................................................. 166
174........ Conditionally non‑prohibited goods................................................ 167
175........ Security may be required in relation to conditionally non‑prohibited goods 168
Division 3—Permits to bring or import goods into Australian territory 170
176........ Application of this Division............................................................ 170
177........ Person may apply for permit........................................................... 170
178........ Dealing with application.................................................................. 170
179........ Director of Biosecurity may grant permit........................................ 172
180........ Conditions of permit....................................................................... 173
181........ Variation, suspension or revocation of permit................................. 174
Division 4—Suspended goods 176
182........ Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period 176
183........ Variation of determination suspending bringing or importation of goods into Australian territory 177
184........ Effect on permit of suspended goods determination........................ 177
Division 5—Offences and civil penalty provisions 179
185........ Bringing or importing prohibited or suspended goods into Australian territory 179
186........ Contravening conditions applying to conditionally non‑prohibited goods brought or imported into Australian territory........................................................................................................ 181
187........ Contravening conditions of a permit............................................... 183
188........ Receiving or possessing prohibited or suspended goods brought or imported into Australian territory 185
Chapter 4—Managing biosecurity risks: conveyances 186
Part 1—Introduction 186
189........ Objects of this Chapter.................................................................... 186
Part 2—Conveyances entering Australian territory etc. 187
Division 1—Introduction 187
190........ Simplified outline of this Part.......................................................... 187
Division 2—Conveyances that are subject to biosecurity control 189
191........ Aircraft and vessels entering Australian territory............................ 189
192........ Conveyances exposed to other conveyances that are subject to biosecurity control 190
Division 3—Pre‑arrival reporting etc. 192
193........ Pre‑arrival reporting........................................................................ 192
194........ Pre‑arrival reporting—requirement to give additional or corrected information 194
195........ Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report 195
196........ Persons on incoming aircraft or vessel may be required to provide information to assess biosecurity risk 197
Division 4—Assessment of level of biosecurity risk 199
197........ Biosecurity risk assessment powers................................................ 199
198........ Securing conveyance....................................................................... 199
199........ Inspecting conveyance.................................................................... 199
200........ Asking questions about conveyance............................................... 200
201........ Requiring documents relating to conveyance to be produced.......... 200
202........ Movement of conveyance............................................................... 201
203........ Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance 202
204........ Unauthorised persons must not move etc. conveyance in relation to which direction has been given 203
Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk 204
204A..... Requirements to destroy vectors on incoming or outgoing aircraft or vessels 204
205........ Biosecurity measures may be required in relation to conveyance.... 204
206........ Movement of certain aircraft and vessels........................................ 204
207........ Movement of exposed conveyances................................................ 205
208........ Treatment of conveyance................................................................. 206
209........ Treatment that is likely to damage conveyance................................ 206
210........ Destruction of conveyance.............................................................. 208
211........ Conveyance must not be destroyed during review period............... 211
212........ Regulations may provide for other biosecurity measures................ 213
213........ Powers of biosecurity officer if biosecurity measures are required. 214
214........ Biosecurity officer may affix notice to conveyance......................... 215
215........ Person must comply with direction to take biosecurity measures.... 216
216........ Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required........................................................................................................ 218
Division 6—Leaving conveyances 220
217........ Person in charge of conveyance may leave conveyance unless directed not to do so 220
Division 7—Release of conveyances from biosecurity control 221
218........ When conveyance is released from biosecurity control................... 221
219........ Notice releasing conveyance from biosecurity control.................... 221
Division 8—Miscellaneous 223
220........ Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels 223
221........ Quarantine signal............................................................................ 223
Part 3—First points of entry and biosecurity entry points 225
Division 1—Introduction 225
222........ Simplified outline of this Part.......................................................... 225
Division 2—First points of entry and biosecurity entry points for incoming aircraft and goods 226
223........ Determination of landing places that are first points of entry for aircraft or goods that are subject to biosecurity control........................................................................................................ 226
224........ Biosecurity entry points for aircraft and goods that are subject to biosecurity control 227
225........ Determination may be subject to conditions.................................... 227
226........ Determination may have effect for specified period........................ 227
227........ Variation and revocation of determination etc................................. 227
228........ Determination is a legislative instrument......................................... 228
Division 3—First points of entry and biosecurity entry points for incoming vessels and goods 229
229........ Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control 229
230........ Biosecurity entry points for vessels and goods that are subject to biosecurity control 230
231........ Determination may be subject to conditions.................................... 230
232........ Determination may have effect for specified period........................ 230
233........ Variation and revocation of determination etc................................. 230
234........ Determination is a legislative instrument......................................... 231
Part 4—Entry points for incoming aircraft and vessels 232
Division 1—Introduction 232
235........ Simplified outline of this Part.......................................................... 232
Division 2—Entry points for aircraft that intend to land in Australian territory 233
236........ Application of this Division............................................................ 233
237........ Aircraft must land at first point of entry.......................................... 233
238........ Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry 235
239........ Permission for aircraft to land at landing place that is not first point of entry for aircraft 237
240........ Direction requiring aircraft to land, or not to land, at specified landing place 238
241........ Direction requiring aircraft not to land at any landing place in Australian territory 239
242........ Direction requiring aircraft to land, or not to land, at specified landing place—management of human health risks 240
243........ Person who is given direction must comply with it......................... 241
Division 3—Entry points for vessels that intend to be moored in Australian territory 243
244........ Application of this Division............................................................ 243
245........ Vessel must be moored at first point of entry.................................. 243
246........ Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry 245
247........ Permission for vessel to be moored at port that is not first point of entry for vessel 247
248........ Direction requiring vessel to be moored, or not to be moored, at specified port 248
249........ Direction requiring vessel not to be moored at any port in Australian territory 249
250........ Direction requiring vessel to be moored, or not to be moored, at specified port—management of human health risks........................................................................................................ 250
251........ Person who is given direction must comply with it......................... 251
Division 4—Miscellaneous 252
252........ Biosecurity officer etc. may enter landing places or ports............... 252
252A..... Direction to operator of first point of entry to carry out activities to control vectors 252
Part 5—Ship sanitation 254
Division 1—Introduction 254
253........ Simplified outline of this Part.......................................................... 254
Division 2—Ship sanitation 255
254........ Application of this Division............................................................ 255
255........ Regulations may prescribe scheme in relation to ship sanitation..... 255
256........ Declaring ports at which vessels may be inspected for the purposes of the scheme 256
257........ Assessing and managing sanitation health risks.............................. 257
Chapter 5—Ballast water and sediment 259
Part 1—Application and interpretation 259
Division 1—Introduction 259
258........ Simplified outline of this Part.......................................................... 259
Division 2—Application and interpretation 260
259........ Extension of Chapter to every external Territory............................. 260
260........ Vessels in dry dock in Australia..................................................... 260
261........ Foreign vessels and the Australian Antarctic Territory................... 260
262........ References to the person in charge of a vessel do not include persons exercising certain powers 260
263........ Permanent ballast water in sealed tanks not subject to this Chapter. 260
263A..... Warships, naval auxiliary or other vessels owned or operated by the Australian government or the government of a foreign country................................................................................ 261
264........ Relationship with other Commonwealth laws................................. 261
265........ Relationship with State and Territory laws...................................... 261
Part 2—Notice of discharge of ballast water in Australian territorial seas 262
Division 1—Introduction 262
266........ Simplified outline of this Part.......................................................... 262
Division 2—Reporting ballast water discharges 263
267........ Reporting ballast water discharges in Australian territorial seas...... 263
268........ Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information........................................................................................................ 264
Part 3—Management of discharge of ballast water 267
Division 1—Introduction 267
269........ Simplified outline of this Part.......................................................... 267
Division 2—Offence of discharging ballast water 268
270........ Offence—discharging ballast water................................................ 268
Division 3—Exceptions: ballast water management 270
Subdivision A—Exception 270
271........ Exception—ballast water has been managed for discharge............. 270
Subdivision B—Methods of ballast water management 270
272........ Approved method of ballast water management.............................. 270
273........ Method of ballast water management—application for approval..... 270
274........ Method of ballast water management—approval of method approved by foreign country 272
Subdivision C—Ballast water exchange 272
275........ Management by ballast water exchange.......................................... 272
Division 4—Exception: discharge as part of acceptable ballast water exchange 274
276........ Exception—discharge as part of acceptable ballast water exchange 274
Division 5—Exception: approved discharge to ballast water reception facility 275
277........ Exception—approved discharge to ballast water reception facility.. 275
278........ Discharge to ballast water reception facility—application for approval 275
Division 6—Exception: discharge covered by exemption 277
278A..... Exception—discharge covered by prescribed conditions................ 277
279........ Exception—discharge covered by exemption.................................. 277
280........ Director of Biosecurity may grant exemptions................................ 277
281........ Variation and revocation of exemption............................................ 279
Division 7—Exception: taking up and discharging ballast water at same place 280
282........ Exception—taking up and discharging ballast water at same place. 280
Division 8—Exceptions and reporting requirements relating to safety, accidents and pollution 281
283........ Exceptions—safety, accidents and pollution................................... 281
284........ Report of discharge relating to safety, accident or pollution............ 282
Part 4—Ballast water management plans and ballast water management certificates 284
Division 1—Introduction 284
285........ Simplified outline of this Part.......................................................... 284
Division 1A—General requirement to have ballast water management plan and certificate 285
285A..... Vessels to have a ballast water management plan and certificate..... 285
285B..... Scheme to provide further exemptions from requirement to have a ballast water management plan and certificate 285
285C..... Offence for failing to have a ballast water management plan or certificate 285
Division 2—Ballast water management plans 287
286........ Ballast water management plan....................................................... 287
287........ Approval of ballast water management plans for vessels................ 287
Division 3—Ballast water management certificates 288
288........ Ballast water management certificate............................................... 288
290........ Issue or endorsement etc. of ballast water management certificate on behalf of the Commonwealth 288
Division 4—Survey authorities 290
290A..... Director of Biosecurity may authorise person to be survey authority 290
Part 5—Ballast water records 291
Division 1—Introduction 291
291........ Simplified outline of this Part.......................................................... 291
Division 2—Ballast water records 292
292........ Vessels must have a ballast water record system............................ 292
293........ Recording ballast water operations and disposal of sediment.......... 292
294........ Records must be retained................................................................ 294
295........ Appropriate ballast water records for vessels.................................. 295
Part 6—Offence of disposing of sediment 296
Division 1—Introduction 296
297........ Simplified outline of this Part.......................................................... 296
Division 2—Offence of disposing of sediment 297
298........ Offence—disposing of sediment..................................................... 297
299........ Exceptions—safety, accidents and pollution................................... 298
299A..... Report of disposal of sediment relating to safety, accident or pollution 299
Part 7—Compliance and enforcement 301
Division 1—Introduction 301
300........ Simplified outline of this Part.......................................................... 301
300A..... Purpose and location of exercise of powers.................................... 301
Division 2—Powers in relation to vessels 302
300B..... Securing vessels.............................................................................. 302
300C..... Inspecting and taking samples from vessels.................................... 302
300D..... Asking questions about vessels...................................................... 303
301........ Power to require owner of vessel to provide ballast water records. 303
Division 3—Directions powers 305
302........ Directions not to discharge ballast water......................................... 305
303........ Directions about movement of vessel.............................................. 306
304........ Directions about movement of vessel—variation or revocation...... 306
304A..... Report on failure to comply with direction...................................... 307
305........ Offence—contravening a direction.................................................. 308
306........ Manner of giving directions etc....................................................... 309
Part 8—Miscellaneous 310
307........ Compensation for undue detention or delay of vessel..................... 310
308........ Prescribing matters by reference to other instruments..................... 310
308A..... Determination.................................................................................. 310
Chapter 6—Managing biosecurity risks: monitoring, control and response 312
Part 1—Introduction 312
309........ Simplified outline of this Part.......................................................... 312
310........ Modified meaning of biosecurity risk............................................. 312
311........ Objects of this Chapter.................................................................... 313
312........ Application of this Chapter............................................................. 314
Part 1A—Locating prohibited or suspended goods etc. 315
Division 1—Introduction 315
312A..... Simplified outline of this Part.......................................................... 315
Division 2—Information‑gathering powers 316
312B..... Requirement to notify of information about goods that have become suspended goods 316
312C..... Requirement to notify of information about goods that have become prohibited goods 317
312D..... Information‑gathering powers relating to prohibited goods, suspended goods and certain conditionally non‑prohibited goods.............................................................................................. 318
312E...... Asking questions about goods........................................................ 319
312F...... Requiring documents relating to goods to be produced................... 319
Part 2—Assessment of level of biosecurity risk 321
Division 1—Introduction 321
313........ Simplified outline of this Part.......................................................... 321
Division 2—Circumstances in which biosecurity risk assessment powers may be exercised 323
314........ Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk 323
315........ Exercise of biosecurity risk assessment powers in premises........... 324
Division 3—Biosecurity risk assessment powers 325
316........ Application of this Division............................................................ 325
317........ Direction to secure goods or conveyance........................................ 325
318........ Inspections and taking samples of goods or premises..................... 326
319........ Asking questions about goods or premises..................................... 327
320........ Requiring documents relating to goods or premises to be produced 327
321........ Movement of goods or conveyance................................................ 328
322........ Biosecurity officer may affix notice to goods or conveyance.......... 329
323........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 330
324........ Operating electronic equipment on premises................................... 331
325........ Expert assistance to operate electronic equipment........................... 332
326........ Compensation for damage to electronic equipment......................... 334
Division 4—Offences 336
327........ Contravention of direction............................................................... 336
328........ Contravention of requirement to answer questions etc.................... 336
329........ Contravention of requirement to produce documents...................... 337
330........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 337
Part 3—Biosecurity measures to manage unacceptable level of biosecurity risk 339
Division 1—Introduction 339
331........ Simplified outline of this Part.......................................................... 339
Division 2—Powers that may be exercised: general 341
Subdivision A—Circumstances in which powers may be exercised 341
332........ Circumstances in which powers set out in this Division may be exercised 341
Subdivision B—Powers relating to entry to and exit from premises 342
333........ Entry and exit etc. requirements—persons...................................... 342
334........ Entry and exit etc. requirements—goods and conveyances............. 343
Subdivision C—Powers relating to treatment of goods, conveyances and other premises 344
335........ Treatment of goods......................................................................... 344
336........ Treatment that may damage goods.................................................. 344
337........ Treatment of conveyance................................................................. 346
338........ Treatment that may damage conveyance.......................................... 346
339........ Treatment of premises (other than a conveyance)............................ 348
340........ Treatment that may damage premises (other than a conveyance)..... 349
341........ Dealing with premises (other than a conveyance) if owner does not agree to treatment etc. 351
Subdivision D—Powers relating to destruction of goods, conveyances and other premises 352
342........ Destruction of goods....................................................................... 352
343........ Destruction of conveyance.............................................................. 354
344........ Destruction of premises.................................................................. 356
345........ High‑value goods, conveyances or premises must not be destroyed during review period 357
Division 3—Powers provided by regulations 360
346........ Regulations may provide for other biosecurity measures................ 360
Division 4—Other powers 362
347........ Powers of biosecurity officer if biosecurity measures are required. 362
348........ Biosecurity officer may affix notice to goods or premises.............. 363
Division 5—Offences and civil penalty provisions 365
349........ Contravention of requirement relating to entering or leaving etc. premises 365
350........ Person must comply with direction................................................. 365
351........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 366
Part 4—Biosecurity control orders 368
Division 1—Introduction 368
352........ Simplified outline of this Part.......................................................... 368
Division 2—Making, varying and revoking biosecurity control orders 369
353........ Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk 369
354........ Content of a biosecurity control order............................................. 369
355........ Form of biosecurity control order................................................... 371
356........ Biosecurity control order to be given to person in charge etc. of goods or premises or affixed to goods or premises........................................................................................................ 371
357........ Circumstances in which biosecurity control order ceases to be in force 372
358........ Variation of biosecurity control order............................................. 372
359........ Revocation of biosecurity control order.......................................... 374
Division 3—Powers that may be exercised under biosecurity control order 376
360........ Powers that may be exercised—general.......................................... 376
361........ Exercise of powers in premises....................................................... 376
362........ Power to secure goods or premises to deal with another disease or pest 377
Division 4—Civil penalty provision 379
363........ Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises 379
Part 5—Biosecurity response zones 380
Division 1—Introduction 380
364........ Simplified outline of this Part.......................................................... 380
Division 2—Biosecurity response zone determinations 381
365........ Director of Biosecurity may determine biosecurity response zone.. 381
366........ Content of a biosecurity response zone determination..................... 382
367........ Additional powers that may be specified in a biosecurity response zone determination 383
368........ Consultation requirements............................................................... 384
369........ Notification requirements................................................................ 384
Division 3—Powers that may be exercised in biosecurity response zones 385
370........ Powers that may be exercised—general.......................................... 385
371........ Exercise of powers in premises....................................................... 386
372........ Power to secure goods or premises to deal with another disease or pest 386
Division 4—Offences and civil penalty provisions 388
373........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity response zone 388
374........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity response zone.................................................................................. 389
375........ Person must comply with direction................................................. 390
376........ Unauthorised persons must not interfere with etc. equipment etc. set up in biosecurity response zone 390
Part 6—Biosecurity monitoring zones 393
Division 1—Introduction 393
377........ Simplified outline of this Part.......................................................... 393
Division 2—Permanent biosecurity monitoring zones 395
Subdivision A—Areas that are permanent biosecurity monitoring zones 395
378........ Permanent biosecurity monitoring zones......................................... 395
Subdivision B—Powers that may be exercised in permanent biosecurity monitoring zones 395
379........ Powers that may be exercised—general.......................................... 395
380........ Exercise of powers in premises....................................................... 397
Subdivision C—Civil penalty provisions 398
381........ Unauthorised persons must not interfere with etc. notices or markings identifying permanent biosecurity monitoring zone........................................................................................................ 398
382........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a permanent biosecurity monitoring zone............................................................ 399
383........ Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone........................................................................................................ 400
Division 3—Temporary biosecurity monitoring zones 401
Subdivision A—Temporary biosecurity monitoring zone determinations 401
384........ Director of Biosecurity may determine temporary biosecurity monitoring zone 401
385........ Content of a temporary biosecurity monitoring zone determination 402
386........ Additional powers that may be specified in a temporary biosecurity monitoring zone determination 403
387........ Consultation requirements............................................................... 404
388........ Notification requirements................................................................ 404
Subdivision B—Powers that may be exercised in temporary biosecurity monitoring zones 405
389........ Powers that may be exercised—general.......................................... 405
390........ Exercise of powers in premises....................................................... 405
Subdivision C—Civil penalty provisions 406
391........ Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone........................................................................................................ 406
392........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone............................................................ 407
393........ Unauthorised persons must not interfere with etc. equipment etc. set up in temporary biosecurity monitoring zone........................................................................................................ 408
Part 7—Biosecurity activity zones 410
Division 1—Introduction 410
394........ Simplified outline of this Part.......................................................... 410
Division 2—Biosecurity activity zone determinations 411
395........ Director of Biosecurity may determine biosecurity activity zone..... 411
396........ Consultation requirements............................................................... 412
397........ Notification requirements................................................................ 412
398........ Revocation of biosecurity activity zone determination..................... 412
Division 3—Powers that may be exercised in biosecurity activity zones 413
399........ Powers that may be exercised......................................................... 413
400........ Use of force.................................................................................... 414
Division 4—Offences and civil penalty provisions 415
401........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone 415
402........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity activity zone.................................................................................... 416
403........ Person must comply with direction................................................. 416
Chapter 7—Approved arrangements 418
Part 1—Introduction 418
404........ Simplified outline of this Chapter.................................................... 418
Part 2—Approval of proposed arrangement 420
405........ Person may apply to relevant Director for approval of proposed arrangement to carry out biosecurity activities 420
406........ Relevant Director must decide whether or not to approve proposed arrangement 420
407........ Proposed arrangement may be approved subject to condition requiring security to be given 421
408........ Notice of decision........................................................................... 422
409........ Period of effect of approved arrangement....................................... 422
410........ Restrictions on applications for approval of proposed arrangements etc. 422
411........ Transfer of approved arrangement.................................................. 423
Part 3—Variation of approved arrangement 424
Division 1—Application by biosecurity industry participant 424
412........ Application for approval of varied arrangement.............................. 424
Division 2—Variation required by relevant Director 425
413........ Relevant Director may vary or require variation of approved arrangement 425
414........ Notice varying conditions of approved arrangement....................... 425
415........ Date of effect of variation of conditions of approved arrangement.. 426
416........ Notice requiring approved arrangement to be varied....................... 426
Part 4—Suspension of approved arrangement 427
Division 1—Suspension requested by biosecurity industry participant 427
417........ Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement 427
Division 2—Suspension by relevant Director 430
418........ Relevant Director may suspend approved arrangement................... 430
419........ Notice of suspension....................................................................... 432
420........ Period of suspension....................................................................... 432
Division 3—Management of biosecurity risks during suspension 433
421........ Management of biosecurity risks during suspension...................... 433
Part 5—Revocation of approved arrangement 435
Division 1—Revocation requested by biosecurity industry participant 435
422........ Biosecurity industry participant may request relevant Director to revoke approved arrangement 435
Division 2—Revocation by relevant Director 436
423........ Relevant Director may revoke approved arrangement..................... 436
424........ Notice of revocation........................................................................ 437
425........ Date of effect of revocation............................................................. 438
Division 3—Management of biosecurity risks after revocation 439
426........ Management of biosecurity risks after revocation........................... 439
Part 6—Powers and obligations of biosecurity industry participants 441
Division 1—General 441
427........ Authorisation to carry out biosecurity activities in accordance with approved arrangement 441
428........ Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc......................................................................................................... 441
429........ Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks 442
430........ Biosecurity industry participant may charge fee in relation to biosecurity activities carried out 443
Division 2—Biosecurity incidents 445
431........ Reporting biosecurity incidents....................................................... 445
432........ Costs of dealing with biosecurity incidents..................................... 446
Part 7—Other provisions 448
Division 1—Applications for approval 448
433........ Applications to which this Division applies.................................... 448
434........ Requirements for applications......................................................... 448
435........ Dealing with applications................................................................ 449
Division 2—Audit powers 451
436........ Relevant Director may require audit to be carried out...................... 451
437........ Powers of auditors.......................................................................... 452
Division 3—Miscellaneous 454
438........ Giving false or misleading information to a biosecurity industry participant 454
439........ Giving false or misleading documents to a biosecurity industry participant 455
440........ Obstruction or hindrance of person acting in accordance with approved arrangement 456
441........ Protection from civil proceedings.................................................... 456
Chapter 8—Biosecurity emergencies and human biosecurity emergencies 458
Part 1—Biosecurity emergencies 458
Division 1—Introduction 458
442........ Simplified outline of this Part.......................................................... 458
Division 2—Declaration of biosecurity emergency 460
443........ Governor‑General may declare that a biosecurity emergency exists 460
444........ Governor‑General may extend biosecurity emergency period......... 461
Division 3—Emergency requirements, directions and actions 463
445........ Agriculture Minister may determine emergency requirements during biosecurity emergencies 463
446........ Agriculture Minister may give directions and take actions during biosecurity emergencies 464
447........ Limits on power to give directions and take actions........................ 466
448........ Limit on requiring individuals to be subject to certain biosecurity measures 467
449........ Person must comply with emergency requirements and directions. 467
450........ Asking questions relating to biosecurity emergencies..................... 468
451........ Requiring documents relating to biosecurity emergencies............... 469
Division 4—National response agencies 471
452........ Agriculture Minister may declare national response agency............ 471
453........ Agriculture Minister may delegate certain emergency powers........ 471
454........ Executive head of national response agency may subdelegate certain emergency powers 472
455........ Delegation does not limit other powers........................................... 473
456........ Notice may be affixed to goods or a conveyance............................ 473
457........ Moving or interfering with goods or conveyance........................... 475
Division 5—Exercise of powers during biosecurity emergencies 477
458........ Modification of this Act during biosecurity emergencies................ 477
459........ Biosecurity risk assessment powers................................................ 477
460........ Application of offences during emergencies................................... 478
461........ Biosecurity control orders—making orders.................................... 479
462........ Biosecurity control orders—varying orders.................................... 480
463........ Biosecurity control orders—revoking orders.................................. 481
464........ Modification of Part 4 of Chapter 6 in relation to biosecurity control orders 482
465........ Biosecurity response zones............................................................. 482
466........ Setting traps and setting up equipment and other structures............ 484
467........ Notice requirements during biosecurity emergencies...................... 484
468........ Other biosecurity measures during biosecurity emergencies........... 485
469........ Merits review during biosecurity emergencies................................ 485
Division 6—Entry to premises without warrant or consent during biosecurity emergencies 487
470........ Entry to premises without warrant or consent during biosecurity emergencies 487
471........ Modification of Chapter 6............................................................... 489
472........ Entry to adjacent premises without warrant or consent during biosecurity emergencies 489
Part 2—Human biosecurity emergencies 491
Division 1—Introduction 491
473........ Simplified outline of this Part.......................................................... 491
Division 2—Human biosecurity emergency powers 492
474........ Health Minister to exercise human biosecurity emergency powers personally 492
475........ Governor‑General may declare that a human biosecurity emergency exists 492
476........ Governor‑General may extend a human biosecurity emergency period 493
477........ Health Minister may determine emergency requirements during human biosecurity emergency period 494
478........ Health Minister may give directions during human biosecurity emergency period 496
479........ Person must comply with emergency requirements and directions. 497
Chapter 9—Compliance and enforcement 499
Part 1—Monitoring 499
Division 1—Introduction 499
480........ Simplified outline of this Part.......................................................... 499
Division 2—Monitoring under Part 2 of the Regulatory Powers Act 500
481........ Basic monitoring powers under Part 2 of the Regulatory Powers Act 500
482........ Modifications of Part 2 of the Regulatory Powers Act................... 501
Part 2—Investigation 504
Division 1—Introduction 504
483........ Simplified outline of this Part.......................................................... 504
Division 2—Investigating under Part 3 of the Regulatory Powers Act 505
484........ Basic investigation powers under Part 3 of the Regulatory Powers Act.. 505
485........ Modifications of Part 3 of the Regulatory Powers Act................... 506
Part 3—Warrants for purposes other than monitoring and investigation 509
Division 1—Introduction 509
486........ Simplified outline of this Part.......................................................... 509
Division 2—Issue of warrants 510
Subdivision A—Ordinary issue of warrants 510
487........ Warrants this Subdivision applies to............................................... 510
488........ Application and issue of warrant..................................................... 510
489........ Test to be met for issue of warrant.................................................. 511
490........ Content of warrant.......................................................................... 514
Subdivision B—Issue of certain warrants by telephone, fax etc. 517
491........ Application of this Subdivision to certain warrants......................... 517
492........ Issue of certain warrants by telephone, fax etc................................ 517
493........ Authority of warrant....................................................................... 519
494........ Fault‑based offence relating to warrants by telephone, fax etc........ 519
Division 3—Executing warrants relating to aircraft or vessels 521
495........ Executing warrants relating to aircraft or vessels............................ 521
Part 4—General rules about entry to premises under a warrant or consent 522
Division 1—Introduction 522
496........ Simplified outline of this Part.......................................................... 522
Division 2—Entering adjacent premises to gain access to other premises 523
497........ Meaning of premises...................................................................... 523
498........ Entering adjacent premises to gain access to other premises........... 523
499........ Entry under adjacent premises warrants.......................................... 524
Division 3—Obligations and powers of biosecurity enforcement officers 525
Subdivision A—Obligations relating to consent 525
500........ Consent........................................................................................... 525
Subdivision B—Obligations and powers relating to warrants 526
501........ Warrants this Subdivision applies to............................................... 526
502........ Announcement before execution of warrant.................................... 526
503........ Biosecurity enforcement officer to be in possession of warrant...... 528
504........ Details of warrant etc. to be provided.............................................. 528
505........ Use of force in executing a warrant................................................. 528
Division 4—Appropriate person’s rights and responsibilities relating to warrants 530
506........ Warrants this Division applies to.................................................... 530
507........ Appropriate person’s right to observe execution of warrant........... 530
508........ Appropriate person to provide facilities and assistance................... 530
Part 5—Entering and exercising powers on premises without a warrant or consent 532
Division 1—Introduction 532
509........ Simplified outline of this Part.......................................................... 532
Division 2—Monitoring and searching relevant premises 533
510........ Meaning of relevant premises......................................................... 533
511........ Monitoring relevant premises.......................................................... 533
512........ Offence‑related searches and seizures............................................. 534
Division 3—Powers, rights and responsibilities relating to entry 536
Subdivision A—Application of this Division 536
513........ Application of this Division............................................................ 536
Subdivision B—Obligations and powers of biosecurity enforcement officers in entering premises 536
514........ Announcement before entry............................................................ 536
515........ Use of force in entering premises.................................................... 537
Subdivision C—Appropriate person’s rights and responsibilities on entry 537
516........ Appropriate person is entitled to observe exercise of powers......... 537
517........ Appropriate person to provide officers etc. with facilities and assistance 538
Part 6—Civil penalties 539
Division 1—Introduction 539
518........ Simplified outline of this Part.......................................................... 539
Division 2—Civil penalties under Part 4 of the Regulatory Powers Act 540
519........ Basic operation of civil penalties under Part 4 of the Regulatory Powers Act 540
520........ Modifications of Part 4 of the Regulatory Powers Act................... 541
Division 3—Civil penalties for executive officers of bodies corporate 544
521........ Civil penalties for executive officers of bodies corporate................ 544
Part 7—Infringement notices 546
Division 1—Introduction 546
522........ Simplified outline of this Part.......................................................... 546
Division 2—Infringement notices under Part 5 of the Regulatory Powers Act 547
523........ Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act 547
524........ Modifications of Part 5 of the Regulatory Powers Act................... 549
524A..... Director of Biosecurity may determine list of goods for purposes of infringement notices 551
Part 8—Enforceable undertakings 553
Division 1—Introduction 553
525........ Simplified outline of this Part.......................................................... 553
Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act 554
526........ Enforceable undertakings................................................................ 554
Part 9—Injunctions 555
Division 1—Introduction 555
527........ Simplified outline of this Part.......................................................... 555
Division 2—Injunctions under Part 7 of the Regulatory Powers Act 556
528........ Injunctions...................................................................................... 556
Part 10—Miscellaneous 557
Division 1—Introduction 557
529........ Simplified outline of this Part.......................................................... 557
Division 2—Fit and proper person test 558
530........ Fit and proper person test................................................................ 558
Division 3—Personal information for applications 561
531........ Personal information for applications.............................................. 561
Division 4—Civil penalty provisions for false or misleading information or documents 562
532........ Civil penalty provision for false or misleading information............ 562
533........ Civil penalty provision for false or misleading documents.............. 563
Division 5—General rules about offences and civil penalty provisions 564
534........ Physical elements of offences......................................................... 564
535........ Contravening offence and civil penalty provisions.......................... 564
Division 6—Miscellaneous 565
536........ Persons assisting biosecurity officers or biosecurity enforcement officers 565
537........ Powers of issuing officers.............................................................. 567
538........ Judicial review of directions to secure goods or conveyances......... 567
Chapter 10—Governance and officials 569
Part 1—Introduction 569
539........ Simplified outline of this Chapter.................................................... 569
Part 2—Director of Biosecurity 570
540........ Director of Biosecurity.................................................................... 570
541........ Functions and powers of Director of Biosecurity........................... 570
542........ Delegation and subdelegation.......................................................... 571
543........ Agriculture Minister may give general directions to Director of Biosecurity 574
Part 3—Director of Human Biosecurity 576
544........ Director of Human Biosecurity....................................................... 576
544A..... Delegation of Director’s functions or powers relating to human biosecurity control orders 576
Part 4—Biosecurity officers and biosecurity enforcement officers 577
Division 1—Authorisation 577
Subdivision A—Authorisation by Director of Biosecurity 577
545........ Authorisation by Director of Biosecurity of persons as biosecurity officers 577
546........ Authorisation by Director of Biosecurity of persons as biosecurity enforcement officers 578
547........ Arrangements for State or Territory officers or employees to be biosecurity officers or biosecurity enforcement officers........................................................................................................ 579
Subdivision B—Authorisation by Director of Human Biosecurity 579
548........ Authorisation by Director of Human Biosecurity of persons as biosecurity enforcement officers 579
549........ Arrangements for State or Territory officers or employees to be biosecurity enforcement officers 580
Division 2—Functions and powers 581
Subdivision A—General 581
550........ Functions and powers of biosecurity officers................................. 581
551........ Functions and powers of biosecurity enforcement officers............. 581
552........ Directions to assist persons performing functions etc. under this Act 582
553........ Biosecurity officers and biosecurity enforcement officers may be assisted by animals 583
554........ Carrying out tests on samples......................................................... 584
555........ Biosecurity officer may direct person in charge of conveyance to permit biosecurity officer to board 585
556........ Powers that may be exercised by biosecurity officer after boarding a conveyance 586
557........ Biosecurity officer may give permission to engage in certain conduct 587
Subdivision B—Decontamination 588
558........ Decontaminating an individual........................................................ 588
559........ Direction to individual to be decontaminated................................... 589
560........ Decontaminating clothing and personal effects............................... 590
561........ Other protections in relation to decontamination............................. 591
Part 5—Chief human biosecurity officers and human biosecurity officers 593
Division 1—Authorisation 593
562........ Authorisation of chief human biosecurity officers.......................... 593
563........ Authorisation of human biosecurity officers................................... 593
564........ Arrangements for State or Territory officers or employees to be chief human biosecurity officers or human biosecurity officers............................................................................................ 594
Division 2—Functions and powers 595
565........ Functions and powers of chief human biosecurity officers............. 595
566........ Functions and powers of human biosecurity officers...................... 595
Part 6—Inspector‑General of Biosecurity 596
Division 1—Inspector‑General of Biosecurity 596
566A..... Inspector‑General of Biosecurity.................................................... 596
566B..... Term of office................................................................................. 596
566C..... Remuneration.................................................................................. 596
566D..... Leave of absence for full‑time Inspector‑General............................ 597
566E...... Engaging in other paid employment................................................ 597
566F...... Other terms and conditions............................................................. 597
566G..... Resignation..................................................................................... 598
566H..... Termination of appointment............................................................ 598
566J...... Acting appointments....................................................................... 599
Division 2—Reviews by the Inspector‑General 600
567........ Inspector‑General may review administration of provisions........... 600
568........ Inspector‑General may require information etc. for review............. 600
Part 7—Miscellaneous 602
569........ Identity cards—biosecurity officers etc........................................... 602
570........ Identity cards—human biosecurity officers etc............................... 602
571........ Offence—failure to return identity card........................................... 603
572........ General provisions relating to directions......................................... 603
Chapter 11—Miscellaneous 605
Part 1—Review of decisions 605
Division 1—Introduction 605
573........ Simplified outline of this Part.......................................................... 605
Division 2—Review of decisions 606
574........ Reviewable decisions...................................................................... 606
575........ Notice of decision........................................................................... 611
576........ Internal review of reviewable decisions.......................................... 612
577........ Director of Biosecurity may require further information from applicants 613
578........ Review by the Administrative Appeals Tribunal............................. 614
Part 2—Confidentiality of information 615
Division 1—Introduction 615
579........ Simplified outline of this Part.......................................................... 615
Division 2—Confidentiality of information 616
580........ Disclosure of protected information................................................ 616
581........ Use in accordance with section 580 does not contravene laws etc.. 617
582........ Authorisation to use information for purposes of proceedings....... 618
583........ Authorisation to use information that is also received from another source, and use of information by prescribed agencies........................................................................................................ 619
584........ Authorisation to use information required by another law.............. 620
585........ Offence relating to protected information........................................ 621
586........ Exception for use of information in good faith................................ 621
587........ Exception for person who does not know that information is commercial‑in‑confidence 622
588........ Exception for disclosing to the person to whom information relates, or if the person to whom information relates consents.......................................................................................... 622
589........ Exception for disclosure to person who provided the information.. 623
590........ Annual report.................................................................................. 623
Part 3—Cost recovery 624
Division 1—Introduction 624
591........ Simplified outline of this Part.......................................................... 624
Division 2—Fees 625
592........ Fees and other rules for fee‑bearing activities................................. 625
Division 3—Payment of cost‑recovery charges 626
593........ Paying cost‑recovery charges.......................................................... 626
594........ Notional payments by the Commonwealth...................................... 626
Division 4—Unpaid cost‑recovery charges 627
Subdivision A—General 627
595........ Late payment fee............................................................................. 627
596........ Recovery of cost‑recovery charges................................................. 627
597........ Suspending or revoking permits etc. because of unpaid cost‑recovery charges 627
Subdivision B—Dealing with goods to recover unpaid cost‑recovery charges 628
598........ Creation of charge on goods........................................................... 628
599........ Effect of charge on goods............................................................... 629
600........ Biosecurity officer may withhold goods that are subject to charge.. 630
601........ Moving or interfering with withheld goods.................................... 631
602........ When goods stop being withheld.................................................... 631
603........ Sale of withheld goods.................................................................... 632
Subdivision C—Dealing with a conveyance to recover unpaid cost‑recovery charge 633
604........ Creation of charge on conveyance................................................... 633
605........ Effect of charge on conveyance....................................................... 634
606........ Director of Biosecurity may detain conveyance that is subject to charge 635
607........ Moving or interfering with detained conveyance............................ 636
608........ Release of detained conveyance...................................................... 637
609........ Sale of detained conveyance............................................................ 638
Division 5—Power to sell goods and conveyances 640
610........ Sale of goods and conveyances....................................................... 640
611........ Dealing with the proceeds of sale.................................................... 640
Division 6—Miscellaneous 642
612........ Providing sustenance for animals and plants................................... 642
613........ Agriculture Minister may remit or refund cost‑recovery charges.... 643
614........ Extraterritorial operation of this Part............................................... 644
Part 4—Exemptions from and modifications of this Act 645
Division 1—Introduction 645
615........ Simplified outline of this Part.......................................................... 645
Division 2—Exemptions from and modifications of this Act 646
Subdivision A—Exemption and modification by regulation 646
616........ Exemptions from and modifications of this Act.............................. 646
617........ Exemptions for Torres Strait Treaty................................................ 646
Subdivision B—Modifications relating to declared movements between parts of Australian territory 648
618........ Modified operation of this Act in relation to declared movements between parts of Australian territory 648
619........ Affected provisions and exit provisions.......................................... 651
620........ How the affected provisions (except the exit provisions) apply because of this Subdivision 652
621........ Release from biosecurity control if goods leave destination part..... 654
622........ Release from biosecurity control if aircraft or vessel leaves destination part 654
623........ How the exit provisions apply because of this Subdivision............ 656
624........ Relationship between this Subdivision and other provisions of this Act 656
Part 5—Miscellaneous 657
Division 1—Introduction 657
625........ Simplified outline of this Part.......................................................... 657
Division 2—Abandoned or forfeited goods and conveyances 658
626........ Abandoned goods........................................................................... 658
627........ Forfeited goods............................................................................... 659
628........ Prohibited goods etc. may be forfeited to the Commonwealth........ 660
629........ Abandoned conveyances................................................................. 662
630........ Forfeited conveyances..................................................................... 663
Division 3—Damaged and destroyed goods etc. 665
631........ Person complying with direction or request must not damage or destroy goods 665
632........ Compensation for damaged goods.................................................. 666
633........ Compensation for destroyed goods, conveyances or other premises 666
634........ Claims for, and amount of, compensation....................................... 668
Division 4—Miscellaneous 670
635........ Privilege against self‑incrimination................................................. 670
636........ Offence—hindering compliance with the Act etc............................ 671
637........ Certificates given by analyst............................................................ 672
638........ Admission of analyst’s certificate in proceedings........................... 673
639........ Power or requirement to do or cause a thing to be done.................. 674
640........ Treatment of partnerships................................................................ 674
641........ Treatment of unincorporated associations....................................... 675
642........ Arrangements with States and Territories to assist in carrying out this Act 676
643........ Delegation of powers by Agriculture Minister................................ 676
644........ Protection from civil proceedings.................................................... 677
645........ Regulations..................................................................................... 679
Endnotes 681
Endnote 1—About the endnotes 681
Endnote 2—Abbreviation key 683
Endnote 3—Legislation history 684
Endnote 4—Amendment history 686
An Act relating to diseases and pests that may cause harm to human, animal or plant health or the environment, and for related purposes
Chapter 1—Preliminary
Part 1—Preliminary
1 Short title
This Act may be cited as the Biosecurity Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| 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 mainly 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 implements the Ballast Water Convention and regulates the ballast water and sediment of certain vessels in accordance with the United Nations Convention on the Law of the Sea. It requires reporting of intended or actual discharges of ballast water in Australian territorial seas. Discharging ballast water is an offence, subject to a range of exceptions, and there is an offence of disposing of sediment. For an Australian vessel, these offences apply whether the vessel is in or outside Australian seas. For a foreign vessel, the offences apply only if the vessel is in Australian seas. The definition of Australian seas depends on whether the Administration of the foreign vessel is a party to the Ballast Water Convention. 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 or any other infectious human disease;
(iii) the risk of listed human diseases or any other infectious human diseases entering Australian territory or a part of Australian territory, or emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;
(iv) risks related to ballast water;
(v) biosecurity emergencies and human biosecurity emergencies;
(b) to give effect to Australia’s international rights and obligations, including under the International Health Regulations, the SPS Agreement, the Ballast Water Convention, the United Nations Convention on the Law of the Sea and the Biodiversity Convention.
Note: The expression biosecurity risk referred to in subparagraph (a)(i) has different meanings depending on whether it is for the purposes of Chapter 6 (managing biosecurity risks: monitoring, control and response) 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 2—Definitions
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 has the meaning given by section 295.
appropriate person means:
(a) for premises to which an entry warrant or a premises possession warrant relates, or premises entered under a provision referred to in section 513—the occupier of the premises, or another person who apparently represents the occupier; or
(b) for a conveyance to which a conveyance possession warrant relates—the person responsible for the conveyance, or another person who apparently represents the person responsible for the conveyance.
Note: If an entry warrant relates to a conveyance, the appropriate person is the person occupying the conveyance, or another person who apparently represents that person (see paragraph (a) of the definition of premises in this section).
approved arrangement has the meaning given by section 10.
associate of a person has a meaning affected by section 11.
Australian law means a law of the Commonwealth, or of a State or Territory.
Australian seas means:
(a) for Australian vessels and foreign vessels whose Administration is a party to the Ballast Water Convention—the waters (including the internal waters of Australia) that are within the outer limits of the exclusive economic zone of Australia; or
(b) for all other foreign vessels—the Australian territorial seas.
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
Australian territorial seas means the waters (including the internal waters of Australia) within the outer limits of the territorial sea of Australia (including every external Territory).
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
Australian territory has the meaning given by section 12.
Australian vessel means a vessel that:
(a) has Australian nationality under section 29 of the Shipping Registration Act 1981; or
(b) is a vessel whose Administration is the Commonwealth.
baggage means goods:
(a) that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance); or
(b) that a person intended to be so carried.
ballast water has the same meaning as Ballast Water has in the Ballast Water Convention.
Note: Chapter 5 (ballast water) does not generally apply to permanent ballast water in sealed tanks (see section 263).
Ballast Water Convention means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, done at London on 13 February 2004, as in force from time to time.
Note 1: The Ballast Water Convention includes the Annex to the Ballast Water Convention.
Note 2: The Convention could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
ballast water exchange means a process involving:
(a) the discharge of ballast water from a tank on a vessel; and
(b) the uptake of water into the tank simultaneously with, or immediately after, the discharge.
ballast water management has the same meaning as Ballast Water Management has in the Ballast Water Convention.
ballast water management certificate has the meaning given by section 288.
ballast water management plan has the meaning given by section 286.
ballast water operation means:
(a) taking up ballast water into a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(b) discharging ballast water from a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(c) treating or circulating ballast water on a vessel for the purposes of ballast water management.
ballast water reception facility means a facility (including a vessel) for receiving ballast water from vessels for treatment or disposal.
ballast water record system for a vessel means a system for making and keeping records about the vessel’s ballast water and ballast water operations.
Biodiversity Convention means the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1993 No. 32 ([1993] ATS 32) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
biosecurity activities, in relation to an approved arrangement, has the meaning given by section 405.
biosecurity activity zone has the meaning given by subsection 395(1).
biosecurity activity zone determination means a determination made under subsection 395(1).
biosecurity control notice, in relation to goods that are subject to biosecurity control or a conveyance that is subject to biosecurity control, means a notice in the form approved by the Director of Biosecurity that states that the goods or conveyance is subject to biosecurity control.
Note: See sections 129 and 203.
biosecurity control order means an order made under section 353.
biosecurity control order warrant means a warrant issued as a result of the test in item 2 of the table in section 489 being met.
biosecurity emergency means a biosecurity emergency that is declared to exist under subsection 443(1).
biosecurity emergency declaration means a declaration made under subsection 443(1).
biosecurity emergency period means the period specified under paragraph 443(3)(c) in a biosecurity emergency declaration as the period during which the declaration is in force.
biosecurity enforcement officer means a person who is authorised under section 546 or 548 to be a biosecurity enforcement officer under this Act.
biosecurity entry point has the meaning given by section 13.
biosecurity industry participant has the meaning given by section 14.
biosecurity measures means measures to manage any of the following:
(a) biosecurity risks;
(b) the risk of contagion of a listed human disease;
(c) the risk of listed human diseases:
(i) entering Australian territory or a part of Australian territory; or
(ii) emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;
(d) biosecurity emergencies and human biosecurity emergencies.
biosecurity monitoring zone means:
(a) a permanent biosecurity monitoring zone; or
(b) a temporary biosecurity monitoring zone.
biosecurity monitoring zone warrant means a warrant issued as a result of the test in item 4 of the table in section 489 being met.
biosecurity officer means a person who is authorised under section 545 to be a biosecurity officer under this Act.
biosecurity official means any of the following:
(a) a biosecurity officer;
(b) a biosecurity enforcement officer;
(c) the Director of Biosecurity.
biosecurity response zone has the meaning given by subsection 365(1).
Note: An area may be determined to be a biosecurity response zone under Part 5 of Chapter 6 during a biosecurity emergency period (see section 465).
biosecurity response zone determination means a determination made under subsection 365(1).
biosecurity response zone warrant means a warrant issued as a result of the test in item 3 of the table in section 489 being met.
biosecurity risk means (except as provided by section 310):
(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, but does not include:
(a) the cremated remains of a deceased human’s body; or
(b) hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body or a part of the deceased human’s body.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
IMO guidelines means guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization, as in force from time to time.
Note: The text of guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization could in 2017 be accessed through the International Maritime Organization’s website (http://www.imo.org).
import, in relation to goods, does not include unloading the goods for temporary purposes only (for example, to unload other goods).
incoming aircraft or vessel means an aircraft or vessel:
(a) that has entered Australian territory during a flight or voyage that commenced outside Australian territory; and
(b) that intends to arrive, or has arrived, at a landing place or port in Australian territory in accordance with Part 4 of Chapter 4 (managing biosecurity risks: conveyances).
incoming passenger aircraft or vessel means an incoming aircraft or vessel that is a passenger aircraft or a passenger vessel.
Inspector‑General means the Inspector‑General of Biosecurity appointed under section 566A.
installation has the meaning given by section 20.
internal waters of Australia has the same meaning as in section 10 of the Seas and Submerged Lands Act 1973 and, to avoid doubt, includes waters within the limits of a State.
International Health Regulations means the International Health Regulations (2005), done at Geneva on 23 May 2005, as in force for Australia from time to time.
Note: The Regulations are in Australian Treaty Series 2007 No. 29 ([2007] ATS 29) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
international mail centre means a place approved by the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in an instrument under subsection 183UA(2) of that Act.
invasive pest means a pest that:
(a) is an alien species (within the meaning of the Biodiversity Convention); but
(b) is not capable of:
(i) infesting humans, animals or plants; or
(ii) acting as a vector for a disease; or
(iii) causing disease in any other way.
investigation warrant means:
(a) a warrant issued under section 70 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1); or
(b) a warrant signed by an issuing officer under section 71 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1).
isolation measure means the biosecurity measure included in a human biosecurity control order under section 97.
issuing officer means:
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) a Judge of the Federal Court or the Federal Circuit 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.
offshore terminal has the same meaning as in the Ballast Water Convention.
operator of a conveyance has the meaning given by section 21.
origin part of Australian territory has the meaning given by subsection 618(2).
outgoing aircraft or vessel means an aircraft or vessel that intends to leave Australian territory from a landing place or port in Australian territory.
outgoing passenger aircraft or vessel means an outgoing aircraft or vessel that is a passenger aircraft or a passenger vessel.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
passenger of an aircraft or vessel means a person who is lawfully entitled to be on board the aircraft or vessel, other than a person who is on board the aircraft or vessel for the purpose of performing functions as the person in charge or as a member of the crew of the aircraft or vessel.
passenger aircraft means an aircraft that has the capacity to carry 6 or more passengers.
passenger vessel means a vessel that has the capacity to carry 12 or more passengers.
permanent biosecurity monitoring zone has the meaning given by section 378.
permissible distance means 400 metres or such greater distance as is prescribed by regulations for the purposes of this definition.
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 or a determination made for the purposes of subsection 574(2)—the person specified by the regulations or determination as the relevant person for that decision.
relevant premises has the meaning given by section 510.
reportable biosecurity incident:
(a) in relation to goods that are subject to biosecurity control—means an act, omission or event that is determined to be a reportable biosecurity incident under section 154; and
(b) in relation to an approved arrangement—has the meaning given by subsection 431(1).
reviewable decision has the meaning given by subsections 574(1) and (2).
sanitation health risk has the meaning prescribed for the purposes of paragraph 255(1)(a).
sediment has the same meaning as Sediments has in the Ballast Water Convention.
sediment reception facility means:
(a) for an Australian vessel that is not in Australian seas—a facility for receiving sediment from vessels for treatment or disposal in accordance with IMO guidelines; or
(b) otherwise—a facility in Australian territory for receiving sediment from vessels for treatment or disposal in a way authorised under:
(i) a law of the Commonwealth; or
(ii) if the facility is in a State or Territory—a law of the State or Territory.
ship’s pilot, in relation to a vessel, means a person who does not belong to, but has the conduct of, the vessel.
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures set out in Annex 1A to the World Trade Organization Agreement, as in force for Australia from time to time.
State or Territory body includes a Department of State, or an authority, of a State or Territory.
subject to biosecurity control:
(a) in relation to goods—means subject to biosecurity control because of subsection 119(2) or (4); and
(b) in relation to a conveyance—means subject to biosecurity control because of subsection 191(2) or (4) or 192(2), (3) or (5).
survey authority means a person authorised by the Director of Biosecurity under section 290A to be a survey authority.
suspended goods has the meaning given by subsection 182(2).
tank includes space or compartment.
temporary biosecurity monitoring zone has the meaning given by subsection 384(1).
temporary biosecurity monitoring zone determination means a determination made under subsection 384(1).
this Act includes:
(a) instruments made under this Act; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
Torres Strait Treaty has the meaning given by section 617.
traditional activities has the meaning given by section 617.
traditional inhabitant has the meaning given by section 617.
traveller movement measure means the biosecurity measure included in a human biosecurity control order under section 96.
unduly detained or delayed has the same meaning as in the Ballast Water Convention.
United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
vector means an arthropod or other living carrier that transports an infectious agent from an infected plant or animal to an individual.
vessel:
(a) means any kind of vessel used in navigation by water, however propelled or moved, including the following:
(i) a barge, lighter or other floating craft;
(ii) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and
(b) includes:
(i) an installation; and
(ii) any floating structure.
Note: A reference (except in Chapter 5 (ballast water and sediment) and any related provision) to a vessel does not include a reference to a vessel brought or imported into Australian territory from outside Australian territory on board another conveyance until the vessel is released from biosecurity control (see subsection 16(4)).
warrant means:
(a) a warrant issued under section 488; or
(b) a warrant signed by an issuing officer under section 492; or
(c) an investigation warrant; or
(d) a monitoring warrant.
World Trade Organization Agreement means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Note: The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
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 the Director of Biosecurity is satisfied that:
(a) release of the information would cause competitive detriment to a 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 3—Constitutional and international law provisions
Division 1—Introduction
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 2—Constitutional and international law provisions
24 Severability
(1) Without limiting the effect of this Act apart from this section, this Act also has effect as provided by this section.
(2) To avoid doubt, no subsection of this section limits the operation of any other subsection of this section.
Quarantine power
(3) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to quarantine (within the meaning of paragraph 51(ix) of the Constitution).
External affairs power
(4) This Act has the effect it would have if its operation were expressly confined to give effect to Australia’s rights and obligations under an agreement with one or more countries.
Note: This subsection is subject to section 26 (application of this Act in relation to invasive pests).
(5) This Act has the effect it would have if its operation were expressly confined to acts or omissions that occur beyond the limits of the States and Territories.
(6) This Act has the effect it would have if its operation were expressly confined to matters that are of international concern.
Trade and commerce power
(7) This Act has the effect it would have if its operation were expressly confined to acts or omissions occurring in the course of constitutional trade and commerce.
(8) This Act has the effect it would have if references to goods and conveyances were expressly confined to references to goods and conveyances involved in constitutional trade and commerce.
Fisheries power
(9) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, that affects fisheries in Australian waters beyond territorial limits (within the meaning of paragraph 51(x) of the Constitution).
Aliens power
(10) This Act has the effect it would have if its operation were expressly confined to:
(a) exercising a power or performing a function that affects an alien (within the meaning of paragraph 51(xix) of the Constitution); or
(b) conferring a right or imposing an obligation on such an alien.
Corporations power
(11) This Act has the effect it would have if its operation were expressly confined to:
(a) exercising a power or performing a function that affects a person that is a corporation to which paragraph 51(xx) of the Constitution applies; or
(b) conferring a right or imposing an obligation on such a person.
Territories and Commonwealth places power
(12) This Act has the effect it would have if its operation were expressly confined to exercising a power, performing a function, conferring a right, or imposing an obligation, in relation to a person or thing in:
(a) a Territory; or
(b) a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).
Postal power
(13) This Act has the effect it would have if its operation were expressly confined to acts using postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution).
Sickness benefits power
(14) This Act has the effect it would have if its operation were expressly confined to the provision of sickness and hospital benefits, and medical services (but not so as to authorise any form of civil conscription) (within the meaning of paragraph 51(xxiiiA) of the Constitution).
Census and statistics power
(15) This Act has the effect it would have if its operation were expressly confined to a requirement to answer a question or provide information (whether in a notice, a report or otherwise) for purposes relating to census and statistics (within the meaning of paragraph 51(xi) of the Constitution).
25 Application of this Act in relation to pests that are quarantine risks or invasive pests
(1) This Act (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 4—Principles 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 2—Managing biosecurity risks: human health
Part 1—General protections and listing human diseases
Division 1—Introduction
33 Simplified outline of this Part
Division 2 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 2—Protections
Subdivision A—General 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 B—Protections 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 3—Listing 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 Legislation Act 2003 does not apply to the instrument.
Part 2—Preventing risks to human health
Division 1—Introduction
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.
Certain officers and other persons can ask questions and require documents to be provided under Division 6 for various health‑related purposes.
Division 2—Entry 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 Legislation 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 Legislation 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 3—Contact 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 4—Pratique
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 Legislation 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 Legislation 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 5—Preventative 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 Legislation 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.
Division 6—Information 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 3—Managing risks to human health: human biosecurity control orders
Division 1—Introduction
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 2—Imposing human biosecurity control orders on individuals
Subdivision A—Imposing, varying and revoking human biosecurity control orders
60 Imposing a human biosecurity control order on an individual
(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 B—Powers 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 C—When 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 D—AAT 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 29AC(1) 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 E—Other provisions relating to external review of isolation and traveller movement measures
80 Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977
(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 3—Biosecurity measures that may be included in a human biosecurity control order
Subdivision A—General provisions relating to including biosecurity measures in a human biosecurity control order
82 Who can include a biosecurity measure in a human biosecurity control order
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 B—Biosecurity 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 C—Provisions 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;
(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 the number of his or her:
(i) Australian travel document (within the meaning of the Australian Passports Act 2005); or
(ii) passport or other travel document, issued to the individual by or on behalf of the government of a foreign country;
(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 4—Other provisions relating to human biosecurity control orders
Subdivision A—Consular 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 B—Detention
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 C—Miscellaneous
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 4—Managing risks to human health: other biosecurity measures
Division 1—Introduction
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 2—Managing 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 Legislation 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, establishin