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 9
9............ Definitions.......................................................................................... 9
10.......... Meaning of approved arrangement.................................................. 32
11.......... Meaning of associate........................................................................ 32
12.......... Meaning of Australian territory........................................................ 34
13.......... Meaning of biosecurity entry point................................................... 34
14.......... Meaning of biosecurity industry participant and covered by............ 35
14A....... Meaning of biosecurity worker......................................................... 35
16.......... Meaning of conveyance..................................................................... 36
17.......... Meaning of exposed to...................................................................... 37
18.......... Meaning of first point of entry.......................................................... 38
19.......... Meaning of goods............................................................................. 38
20.......... Meaning of installation..................................................................... 39
21.......... Meaning of operator of a conveyance.............................................. 40
22.......... Meaning of person in charge............................................................ 40
Part 3—Constitutional and international law provisions 42
Division 1—Introduction 42
23.......... Simplified outline of this Part............................................................ 42
Division 2—Constitutional and international law provisions 43
24.......... Severability....................................................................................... 43
25.......... Application of this Act in relation to pests that are quarantine risks or invasive pests 45
26.......... Application of this Act in relation to invasive pests.......................... 46
27.......... Compensation for acquisition of property......................................... 46
28.......... Freedom of interstate trade, commerce and intercourse..................... 47
29.......... Commonwealth not to give preference.............................................. 47
30.......... Application of this Act to foreign aircraft and vessels....................... 47
Part 4—Principles affecting decisions to exercise certain powers 48
31.......... Simplified outline of this Part............................................................ 48
32.......... The principles.................................................................................... 48
Chapter 2—Managing biosecurity risks: human health 52
Part 1—General protections and listing human diseases 52
Division 1—Introduction 52
33.......... Simplified outline of this Part............................................................ 52
Division 2—Protections 53
Subdivision A—General protections 53
34.......... The principles.................................................................................... 53
35.......... No interference with urgent or life‑threatening medical needs........... 54
Subdivision B—Protections for children or incapable persons 54
36.......... Child or incapable person may be accompanied................................ 54
37.......... Officer to contact parent, guardian or next of kin of unaccompanied child or incapable person 54
38.......... Requirement to comply with direction............................................... 55
39.......... Parent, guardian or next of kin may authorise person to accompany child or incapable person 56
40.......... Giving consent.................................................................................. 56
41.......... Exception for requiring an individual to remain at a place................. 56
Division 3—Listing human diseases 57
42.......... Listing human diseases..................................................................... 57
Part 2—Preventing risks to human health 58
Division 1—Introduction 58
43.......... Simplified outline of this Part............................................................ 58
Division 2—Entry and exit requirements 59
44.......... Entry requirements............................................................................ 59
45.......... Exit requirements.............................................................................. 60
46.......... Civil penalties for failing to comply with certain entry and exit requirements 63
Division 3—Contact information for operators 64
47.......... Requirements for operators to provide 24/7 contact information....... 64
Division 4—Pratique 65
48.......... Positive pratique................................................................................ 65
49.......... Negative pratique.............................................................................. 65
50.......... Pre‑departure reporting..................................................................... 66
Division 5—Preventative biosecurity measures 68
51.......... Determining preventative biosecurity measures................................ 68
52.......... Civil penalty for failing to comply with a preventative biosecurity measure 69
Division 6—Information gathering powers 70
54.......... Who may ask questions and require written information.................. 70
55.......... Asking questions and requiring answers from particular individuals 70
56.......... Asking questions and requiring answers from any individual.......... 71
57.......... Requiring an individual to provide written information..................... 72
58.......... Offence for failing to comply with a requirement.............................. 72
Part 3—Managing risks to human health: human biosecurity control orders 73
Division 1—Introduction 73
59.......... Simplified outline of this Part............................................................ 73
Division 2—Imposing human biosecurity control orders on individuals 75
Subdivision A—Imposing, varying and revoking human biosecurity control orders 75
60.......... Imposing a human biosecurity control order on an individual........... 75
61.......... Contents of a human biosecurity control order.................................. 76
62.......... Form of a human biosecurity control order....................................... 77
63.......... Giving a human biosecurity control order to an individual................ 77
64.......... Varying a human biosecurity control order....................................... 78
65.......... Giving notice of a variation of a human biosecurity control order..... 79
66.......... Revoking a human biosecurity control order..................................... 79
67.......... Notifying Director of Human Biosecurity of imposition, variation or revocation of human biosecurity control order.......................................................................................................... 80
Subdivision B—Powers if officer intends to impose human biosecurity control order 80
68.......... Requiring an individual to remain at a place...................................... 80
69.......... Providing contact information........................................................... 80
70.......... Requirement for an individual to notify changes to contact information 81
Subdivision C—When an individual is required to comply with a biosecurity measure 82
71.......... Consenting to a biosecurity measure................................................. 82
72.......... Director of Human Biosecurity may give direction requiring compliance 82
73.......... When direction to comply with biosecurity measure ceases to be in force 85
74.......... When individual is required to comply with a biosecurity measure... 86
Subdivision D—AAT review of isolation and traveller movement measures 88
75.......... Obligation on Director of Human Biosecurity relating to Administrative Appeals Tribunal application 88
76.......... Applications...................................................................................... 88
77.......... Reasons and documents.................................................................... 89
78.......... Time period for making a decision.................................................... 91
79.......... Limitation on Administrative Appeals Tribunal power to stay etc. decisions 92
Subdivision E—Other provisions relating to external review of isolation and traveller movement measures 92
80.......... Time period for making applications under the Administrative Decisions (Judicial Review) Act 1977 92
81.......... Judicial review of isolation and traveller movement measures.......... 93
Division 3—Biosecurity measures that may be included in a human biosecurity control order 94
Subdivision A—General provisions relating to including biosecurity measures in a human biosecurity control order 94
82.......... Who can include a biosecurity measure in a human biosecurity control order 94
83.......... Informing individual of risks............................................................ 94
84.......... Test for including a biosecurity measure in a human biosecurity control order 95
Subdivision B—Biosecurity measures that may be included in a human biosecurity control order 95
85.......... Managing contacts............................................................................ 95
86.......... Contacting officer with health status................................................. 96
87.......... Restricting behaviour........................................................................ 96
88.......... Risk minimisation interventions........................................................ 96
89.......... Decontamination............................................................................... 97
90.......... Undergoing an examination.............................................................. 97
91.......... Requiring body samples for diagnosis.............................................. 98
92.......... Receiving a vaccination or treatment................................................. 98
93.......... Receiving medication........................................................................ 99
94.......... Appropriate medical or other standards to be applied........................ 99
95.......... No use of force to require compliance with certain biosecurity measures 99
96.......... Traveller movement measure........................................................... 100
97.......... Isolation measure............................................................................ 100
Subdivision C—Provisions relating to traveller movement measures 101
98.......... Traveller movement measure alert................................................... 101
99.......... Content of traveller movement measure alert................................... 102
100........ Destruction of traveller movement measure alert............................. 103
101........ Prevention from leaving Australian territory................................... 103
Division 4—Other provisions relating to human biosecurity control orders 104
Subdivision A—Consular assistance 104
102........ Consular assistance......................................................................... 104
Subdivision B—Detention 105
103........ Detention......................................................................................... 105
104........ Rules relating to detention............................................................... 106
105........ Release from detention.................................................................... 107
106........ Offence for escaping from detention............................................... 108
Subdivision C—Miscellaneous 108
107........ Offence for failing to comply with a human biosecurity control order 108
108........ Expenses incurred in complying with human biosecurity control orders 108
Part 4—Managing risks to human health: other biosecurity measures 109
Division 1—Introduction 109
109........ Simplified outline of this Part.......................................................... 109
Division 2—Managing deceased individuals 110
110........ Human remains brought into Australian territory............................ 110
111........ Officer may give directions for managing human remains.............. 111
112........ Individuals who have died in transit or on arrival........................... 111
Division 3—Human health response zones 113
113........ Determining human health response zones..................................... 113
114........ Consultation requirements............................................................... 114
115........ Notification requirements................................................................ 114
116........ Civil penalty for failing to comply with a requirement of a human health response zone determination 115
Chapter 3—Managing biosecurity risks: goods 116
Part 1—Goods brought into Australian territory 116
Division 1—Introduction 116
117........ Simplified outline of this Part.......................................................... 116
118........ Objects of this Part.......................................................................... 117
Division 2—Goods are subject to biosecurity control 118
119........ Goods brought into Australian territory are subject to biosecurity control 118
Division 3—Notice of goods to be unloaded in Australian territory 119
120........ Notice must be given of goods to be unloaded in Australian territory 119
121........ Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information 121
122........ Power to obtain extra information relating to goods covered by a notice under section 120 122
Division 4—Assessment of level of biosecurity risk 125
123........ Biosecurity risk assessment powers................................................ 125
124........ Direction to secure goods................................................................ 125
125........ Inspecting goods and taking samples.............................................. 125
126........ Asking questions about goods........................................................ 126
127........ Requiring documents relating to goods to be produced................... 127
128........ Movement of goods........................................................................ 127
129........ Biosecurity control notice may be affixed to goods or given to person in charge of goods 128
130........ Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed........................................................................................................ 129
Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk 131
131........ Biosecurity measures may be required in relation to goods............. 131
132........ Movement of goods........................................................................ 131
133........ Treatment of goods......................................................................... 131
134........ Treatment that is likely to damage goods......................................... 132
135........ Export of goods.............................................................................. 134
136........ Destruction of goods....................................................................... 134
137........ Regulations may provide for other biosecurity measures................ 136
138........ Powers of biosecurity officer if biosecurity measures are required. 137
139........ Biosecurity officer may affix notice to goods.................................. 138
140........ Person must comply with direction to take biosecurity measures.... 139
141........ Unauthorised persons must not move etc. goods to which notice has been affixed 139
Division 6—Unloading goods at landing places or ports 141
142........ Application of this Division............................................................ 141
143........ Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc. 141
144........ Person may unload goods from aircraft or vessel subject to direction etc. 142
145........ Goods must not be unloaded except at first point of entry for those goods or with permission 144
146........ Permission to unload goods at landing place or port other than first point of entry for those goods 144
147........ Goods must be brought to biosecurity entry point for those goods at first point of entry 146
148........ Permission to bring goods to alternative biosecurity entry point..... 148
149........ Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division 149
Division 7—Unloading goods from vessel displaying prescribed quarantine signal 151
150........ Application of this Division............................................................ 151
151........ Unloading goods from vessel displaying prescribed quarantine signal 151
152........ Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal 152
Division 8—Reporting biosecurity incidents 154
153........ Application of this Division............................................................ 154
154........ Director of Biosecurity may determine acts, omissions or events to be reportable biosecurity incidents 154
155........ Reporting by person in charge of aircraft or vessel carrying goods 154
156........ Reporting by person in charge of goods......................................... 155
157........ How reports must be made............................................................. 156
Division 9—Goods exposed to goods that are subject to biosecurity control 157
158........ Application of this Division............................................................ 157
159........ Assessment and management of biosecurity risk associated with exposed goods 157
160........ Exposed goods orders..................................................................... 158
161........ Effect of exposed goods order........................................................ 158
Division 10—Release of goods from biosecurity control 160
162........ When goods brought into Australian territory are released from biosecurity control 160
163........ Notice releasing goods from biosecurity control............................. 161
164........ Revoking notice or declaration releasing goods from biosecurity control 162
Part 2—Biosecurity Import Risk Analyses 164
Division 1—Introduction 164
165........ Simplified outline of this Part.......................................................... 164
Division 2—Biosecurity Import Risk Analyses 165
166........ What is a Biosecurity Import Risk Analysis (BIRA)...................... 165
167........ Director of Biosecurity may conduct a BIRA................................. 165
168........ Agriculture Minister may direct Director of Biosecurity to commence a BIRA 165
169........ Process for conducting a BIRA...................................................... 166
170........ Reports............................................................................................ 167
Part 3—Prohibited goods etc. 168
Division 1—Introduction 168
171........ Simplified outline of this Part.......................................................... 168
172........ Exclusion of State and Territory laws............................................. 169
Division 2—Prohibited goods and conditionally non‑prohibited goods 170
173........ Prohibited goods............................................................................. 170
174........ Conditionally non‑prohibited goods................................................ 171
175........ Security may be required in relation to conditionally non‑prohibited goods 173
Division 3—Permits to bring or import goods into Australian territory 174
176........ Application of this Division............................................................ 174
177........ Person may apply for permit........................................................... 174
178........ Dealing with application.................................................................. 174
179........ Director of Biosecurity may grant permit........................................ 176
180........ Conditions of permit....................................................................... 178
181........ Variation, suspension or revocation of permit................................. 178
Division 4—Suspended goods 180
182........ Director of Biosecurity may suspend bringing or importation of goods into Australian territory for a period 180
183........ Variation of determination suspending bringing or importation of goods into Australian territory 181
184........ Effect on permit of suspended goods determination........................ 181
Division 5—Offences and civil penalty provisions 183
185........ Bringing or importing prohibited or suspended goods into Australian territory 183
186........ Contravening conditions applying to conditionally non‑prohibited goods brought or imported into Australian territory........................................................................................................ 185
186A..... Contravening conditions applying to conditionally non‑prohibited goods brought or imported into Australian territory—concealment of goods...................................................................... 187
187........ Contravening conditions of a permit............................................... 188
188........ Receiving or possessing prohibited or suspended goods brought or imported into Australian territory 190
Chapter 4—Managing biosecurity risks: conveyances 191
Part 1—Introduction 191
189........ Objects of this Chapter.................................................................... 191
Part 2—Conveyances entering Australian territory etc. 192
Division 1—Introduction 192
190........ Simplified outline of this Part.......................................................... 192
Division 2—Conveyances that are subject to biosecurity control 194
191........ Aircraft and vessels entering Australian territory............................ 194
192........ Conveyances exposed to other conveyances that are subject to biosecurity control 195
Division 3—Pre‑arrival reporting etc. 197
193........ Pre‑arrival reporting........................................................................ 197
194........ Pre‑arrival reporting—requirement to give more information......... 199
195........ Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report 201
196........ Persons on incoming aircraft or vessel may be required to provide information to assess biosecurity risk 203
Division 3A—Entry requirements: persons entering Australian territory on board conveyances 205
196A..... Persons on incoming aircraft or vessel may be subject to requirements relating to diseases or pests 205
196B..... Varying and revoking requirements................................................ 207
196C..... Civil penalty for failing to comply with requirement....................... 208
Division 4—Assessment of level of biosecurity risk associated with conveyances 209
197........ Biosecurity risk assessment powers................................................ 209
198........ Securing conveyance....................................................................... 209
199........ Inspecting conveyance.................................................................... 210
200........ Asking questions about conveyance............................................... 210
201........ Requiring documents relating to conveyance to be produced.......... 210
202........ Movement of conveyance............................................................... 211
203........ Biosecurity control notice may be affixed to conveyance or given to person in charge of conveyance 212
204........ Unauthorised persons must not move etc. conveyance in relation to which direction has been given 213
Division 5—Biosecurity measures to manage unacceptable level of biosecurity risk associated with conveyances 214
204A..... Requirements to destroy vectors on incoming or outgoing aircraft or vessels 214
205........ Biosecurity measures may be required in relation to conveyance.... 214
206........ Movement of certain aircraft and vessels........................................ 214
207........ Movement of exposed conveyances................................................ 215
208........ Treatment of conveyance................................................................. 216
209........ Treatment that is likely to damage conveyance................................ 216
210........ Destruction of conveyance.............................................................. 219
211........ Conveyance must not be destroyed during review period............... 221
212........ Regulations may provide for other biosecurity measures................ 223
213........ Powers of biosecurity officer if biosecurity measures are required. 224
214........ Biosecurity officer may affix notice to conveyance......................... 225
215........ Person must comply with direction to take biosecurity measures.... 226
216........ Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required........................................................................................................ 228
Division 6—Leaving conveyances 230
217........ Person in charge of conveyance may leave conveyance unless directed not to do so 230
Division 7—Release of conveyances from biosecurity control 231
218........ When conveyance is released from biosecurity control................... 231
219........ Notice releasing conveyance from biosecurity control.................... 231
Division 8—Miscellaneous 233
220........ Information about biosecurity requirements must be given to persons on board incoming aircraft or vessels 233
221........ Quarantine signal............................................................................ 233
Part 3—First points of entry and biosecurity entry points 235
Division 1—Introduction 235
222........ Simplified outline of this Part.......................................................... 235
Division 2—First points of entry and biosecurity entry points for incoming aircraft and goods 236
223........ Determination of landing places that are first points of entry for aircraft or goods that are subject to biosecurity control........................................................................................................ 236
224........ Biosecurity entry points for aircraft and goods that are subject to biosecurity control 237
225........ Determination may be subject to conditions.................................... 237
226........ Determination may have effect for specified period........................ 237
227........ Variation and revocation of determination etc................................. 237
228........ Determination is a legislative instrument......................................... 238
Division 3—First points of entry and biosecurity entry points for incoming vessels and goods 239
229........ Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control 239
230........ Biosecurity entry points for vessels and goods that are subject to biosecurity control 240
231........ Determination may be subject to conditions.................................... 240
232........ Determination may have effect for specified period........................ 240
233........ Variation and revocation of determination etc................................. 240
234........ Determination is a legislative instrument......................................... 241
Part 4—Entry points for incoming aircraft and vessels 242
Division 1—Introduction 242
235........ Simplified outline of this Part.......................................................... 242
Division 2—Entry points for aircraft that intend to land in Australian territory 243
236........ Application of this Division............................................................ 243
237........ Aircraft must land at first point of entry.......................................... 243
238........ Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry 245
239........ Permission for aircraft to land at landing place that is not first point of entry for aircraft 247
240........ Direction requiring aircraft to land, or not to land, at specified landing place 248
241........ Direction requiring aircraft not to land at any landing place in Australian territory 249
242........ Direction requiring aircraft to land, or not to land, at specified landing place—management of human health risks 250
243........ Person who is given direction must comply with it......................... 251
Division 3—Entry points for vessels that intend to be moored in Australian territory 253
244........ Application of this Division............................................................ 253
245........ Vessel must be moored at first point of entry.................................. 253
246........ Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry 255
247........ Permission for vessel to be moored at port that is not first point of entry for vessel 257
248........ Direction requiring vessel to be moored, or not to be moored, at specified port 258
249........ Direction requiring vessel not to be moored at any port in Australian territory 259
250........ Direction requiring vessel to be moored, or not to be moored, at specified port—management of human health risks........................................................................................................ 260
251........ Person who is given direction must comply with it......................... 261
Division 4—Miscellaneous 262
252........ Biosecurity officer etc. may enter landing places or ports............... 262
252A..... Direction to operator of first point of entry to carry out activities to control vectors 262
Part 5—Ship sanitation 264
Division 1—Introduction 264
253........ Simplified outline of this Part.......................................................... 264
Division 2—Ship sanitation 265
254........ Application of this Division............................................................ 265
255........ Regulations may prescribe scheme in relation to ship sanitation..... 265
256........ Declaring ports at which vessels may be inspected for the purposes of the scheme 266
257........ Assessing and managing sanitation health risks.............................. 267
Chapter 5—Ballast water and sediment 269
Part 1—Application and interpretation 269
Division 1—Introduction 269
258........ Simplified outline of this Part.......................................................... 269
Division 2—Application and interpretation 270
259........ Extension of Chapter to every external Territory............................. 270
260........ Vessels in dry dock in Australia..................................................... 270
261........ Foreign vessels and the Australian Antarctic Territory................... 270
262........ References to the person in charge of a vessel do not include persons exercising certain powers 270
263........ Permanent ballast water in sealed tanks not subject to this Chapter. 270
263A..... Warships, naval auxiliary or other vessels owned or operated by the Australian government or the government of a foreign country................................................................................ 271
264........ Relationship with other Commonwealth laws................................. 271
265........ Relationship with State and Territory laws...................................... 271
Part 2—Notice of discharge of ballast water in Australian territorial seas 272
Division 1—Introduction 272
266........ Simplified outline of this Part.......................................................... 272
Division 2—Reporting ballast water discharges 273
267........ Reporting ballast water discharges in Australian territorial seas...... 273
268........ Reporting ballast water discharges in Australian territorial seas—requirement to give additional or corrected information........................................................................................................ 274
Part 3—Management of discharge of ballast water 277
Division 1—Introduction 277
269........ Simplified outline of this Part.......................................................... 277
Division 2—Offence of discharging ballast water 278
270........ Offence—discharging ballast water................................................ 278
Division 3—Exceptions: ballast water management 280
Subdivision A—Exception 280
271........ Exception—ballast water has been managed for discharge............. 280
Subdivision B—Methods of ballast water management 280
272........ Approved method of ballast water management.............................. 280
273........ Method of ballast water management—application for approval..... 280
274........ Method of ballast water management—approval of method approved by foreign country 282
Subdivision C—Ballast water exchange 282
275........ Management by ballast water exchange.......................................... 282
Division 4—Exception: discharge as part of acceptable ballast water exchange 284
276........ Exception—discharge as part of acceptable ballast water exchange 284
Division 5—Exception: approved discharge to ballast water reception facility 285
277........ Exception—approved discharge to ballast water reception facility.. 285
278........ Discharge to ballast water reception facility—application for approval 285
Division 6—Exception: discharge covered by exemption 287
278A..... Exception—discharge covered by prescribed conditions................ 287
279........ Exception—discharge covered by exemption.................................. 287
280........ Director of Biosecurity may grant exemptions................................ 287
281........ Variation and revocation of exemption............................................ 289
Division 7—Exception: taking up and discharging ballast water at same place 290
282........ Exception—taking up and discharging ballast water at same place. 290
Division 8—Exceptions and reporting requirements relating to safety, accidents and pollution 291
283........ Exceptions—safety, accidents and pollution................................... 291
284........ Report of discharge relating to safety, accident or pollution............ 292
Part 4—Ballast water management plans and ballast water management certificates 294
Division 1—Introduction 294
285........ Simplified outline of this Part.......................................................... 294
Division 1A—General requirement to have ballast water management plan and certificate 295
285A..... Vessels to have a ballast water management plan and certificate..... 295
285B..... Scheme to provide further exemptions from requirement to have a ballast water management plan and certificate 295
285C..... Offence for failing to have a ballast water management plan or certificate 295
Division 2—Ballast water management plans 297
286........ Ballast water management plan....................................................... 297
287........ Approval of ballast water management plans for vessels................ 297
Division 3—Ballast water management certificates 298
288........ Ballast water management certificate............................................... 298
290........ Issue or endorsement etc. of ballast water management certificate on behalf of the Commonwealth 298
Division 4—Survey authorities 300
290A..... Director of Biosecurity may authorise person to be survey authority 300
Part 5—Ballast water records 301
Division 1—Introduction 301
291........ Simplified outline of this Part.......................................................... 301
Division 2—Ballast water records 302
292........ Vessels must have a ballast water record system............................ 302
293........ Recording ballast water operations and disposal of sediment.......... 302
294........ Records must be retained................................................................ 304
295........ Appropriate ballast water records for vessels.................................. 305
Part 6—Offence of disposing of sediment 306
Division 1—Introduction 306
297........ Simplified outline of this Part.......................................................... 306
Division 2—Offence of disposing of sediment 307
298........ Offence—disposing of sediment..................................................... 307
299........ Exceptions—safety, accidents and pollution................................... 308
299A..... Report of disposal of sediment relating to safety, accident or pollution 309
Part 7—Compliance and enforcement 311
Division 1—Introduction 311
300........ Simplified outline of this Part.......................................................... 311
300A..... Purpose and location of exercise of powers.................................... 311
Division 2—Powers in relation to vessels 312
300B..... Securing vessels.............................................................................. 312
300C..... Inspecting and taking samples from vessels.................................... 312
300D..... Asking questions about vessels...................................................... 313
301........ Power to require owner of vessel to provide ballast water records. 313
Division 3—Directions powers 315
302........ Directions not to discharge ballast water......................................... 315
303........ Directions about movement of vessel.............................................. 316
304........ Directions about movement of vessel—variation or revocation...... 316
304A..... Report on failure to comply with direction...................................... 317
305........ Offence—contravening a direction.................................................. 318
306........ Manner of giving directions etc....................................................... 319
Part 8—Miscellaneous 320
307........ Compensation for undue detention or delay of vessel..................... 320
308........ Prescribing matters by reference to other instruments..................... 320
308A..... Determination.................................................................................. 320
Chapter 6—Managing biosecurity risks: monitoring, control and response 322
Part 1—Introduction 322
309........ Simplified outline of this Part.......................................................... 322
310........ Modified meaning of biosecurity risk............................................. 322
311........ Objects of this Chapter.................................................................... 323
312........ Application of this Chapter............................................................. 324
Part 1A—Locating prohibited or suspended goods etc. 326
Division 1—Introduction 326
312A..... Simplified outline of this Part.......................................................... 326
Division 2—Information‑gathering powers 327
312B..... Requirement to notify of information about goods that have become suspended goods 327
312C..... Requirement to notify of information about goods that have become prohibited goods 328
312D..... Information‑gathering powers relating to prohibited goods, suspended goods and certain conditionally non‑prohibited goods.............................................................................................. 329
312E...... Asking questions about goods........................................................ 330
312F...... Requiring documents relating to goods to be produced................... 330
Part 2—Assessment of level of biosecurity risk 332
Division 1—Introduction 332
313........ Simplified outline of this Part.......................................................... 332
Division 2—Circumstances in which biosecurity risk assessment powers may be exercised 334
314........ Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk 334
315........ Exercise of biosecurity risk assessment powers in premises........... 335
Division 3—Biosecurity risk assessment powers 336
316........ Application of this Division............................................................ 336
317........ Direction to secure goods or conveyance........................................ 336
318........ Inspections and taking samples of goods or premises..................... 337
319........ Asking questions about goods or premises..................................... 338
320........ Requiring documents relating to goods or premises to be produced 338
321........ Movement of goods or conveyance................................................ 339
322........ Biosecurity officer may affix notice to goods or conveyance.......... 340
323........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 341
324........ Operating electronic equipment on premises................................... 342
325........ Expert assistance to operate electronic equipment........................... 343
326........ Compensation for damage to electronic equipment......................... 345
Division 4—Offences 347
327........ Contravention of direction............................................................... 347
328........ Contravention of requirement to answer questions etc.................... 347
329........ Contravention of requirement to produce documents...................... 348
330........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 348
Part 3—Biosecurity measures to manage unacceptable level of biosecurity risk 350
Division 1—Introduction 350
331........ Simplified outline of this Part.......................................................... 350
Division 2—Powers that may be exercised: general 352
Subdivision A—Circumstances in which powers may be exercised 352
332........ Circumstances in which powers set out in this Division may be exercised 352
Subdivision B—Powers relating to entry to and exit from premises 353
333........ Entry and exit etc. requirements—persons...................................... 353
334........ Entry and exit etc. requirements—goods and conveyances............. 354
Subdivision C—Powers relating to treatment of goods, conveyances and other premises 355
335........ Treatment of goods......................................................................... 355
336........ Treatment that may damage goods.................................................. 355
337........ Treatment of conveyance................................................................. 357
338........ Treatment that may damage conveyance.......................................... 357
339........ Treatment of premises (other than a conveyance)............................ 359
340........ Treatment that may damage premises (other than a conveyance)..... 360
341........ Dealing with premises (other than a conveyance) if owner does not agree to treatment etc. 362
Subdivision D—Powers relating to destruction of goods, conveyances and other premises 363
342........ Destruction of goods....................................................................... 363
343........ Destruction of conveyance.............................................................. 365
344........ Destruction of premises.................................................................. 367
345........ High‑value goods, conveyances or premises must not be destroyed during review period 368
Division 3—Powers provided by regulations 371
346........ Regulations may provide for other biosecurity measures................ 371
Division 4—Other powers 373
347........ Powers of biosecurity officer if biosecurity measures are required. 373
348........ Biosecurity officer may affix notice to goods or premises.............. 374
Division 5—Offences and civil penalty provisions 376
349........ Contravention of requirement relating to entering or leaving etc. premises 376
350........ Person must comply with direction................................................. 376
351........ Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed 377
Part 4—Biosecurity control orders 379
Division 1—Introduction 379
352........ Simplified outline of this Part.......................................................... 379
Division 2—Making, varying and revoking biosecurity control orders 380
353........ Director of Biosecurity may make biosecurity control order to manage unacceptable level of biosecurity risk 380
354........ Content of a biosecurity control order............................................. 380
355........ Form of biosecurity control order................................................... 382
356........ Biosecurity control order to be given to person in charge etc. of goods or premises or affixed to goods or premises........................................................................................................ 382
357........ Circumstances in which biosecurity control order ceases to be in force 383
358........ Variation of biosecurity control order............................................. 383
359........ Revocation of biosecurity control order.......................................... 385
Division 3—Powers that may be exercised under biosecurity control order 387
360........ Powers that may be exercised—general.......................................... 387
361........ Exercise of powers in premises....................................................... 387
362........ Power to secure goods or premises to deal with another disease or pest 388
Division 4—Civil penalty provision 390
363........ Unauthorised persons must not interfere with etc. biosecurity control order affixed to goods or premises 390
Part 5—Biosecurity response zones 391
Division 1—Introduction 391
364........ Simplified outline of this Part.......................................................... 391
Division 2—Biosecurity response zone determinations 392
365........ Director of Biosecurity may determine biosecurity response zone.. 392
366........ Content of a biosecurity response zone determination..................... 393
367........ Additional powers that may be specified in a biosecurity response zone determination 394
368........ Consultation requirements............................................................... 395
369........ Notification requirements................................................................ 395
Division 3—Powers that may be exercised in biosecurity response zones 396
370........ Powers that may be exercised—general.......................................... 396
371........ Exercise of powers in premises....................................................... 397
372........ Power to secure goods or premises to deal with another disease or pest 397
Division 4—Offences and civil penalty provisions 399
373........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity response zone 399
374........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity response zone.................................................................................. 400
375........ Person must comply with direction................................................. 401
376........ Unauthorised persons must not interfere with etc. equipment etc. set up in biosecurity response zone 401
Part 6—Biosecurity monitoring zones 404
Division 1—Introduction 404
377........ Simplified outline of this Part.......................................................... 404
Division 2—Permanent biosecurity monitoring zones 406
Subdivision A—Areas that are permanent biosecurity monitoring zones 406
378........ Permanent biosecurity monitoring zones......................................... 406
Subdivision B—Powers that may be exercised in permanent biosecurity monitoring zones 406
379........ Powers that may be exercised—general.......................................... 406
380........ Exercise of powers in premises....................................................... 408
Subdivision C—Civil penalty provisions 409
381........ Unauthorised persons must not interfere with etc. notices or markings identifying permanent biosecurity monitoring zone........................................................................................................ 409
382........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a permanent biosecurity monitoring zone............................................................ 410
383........ Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone........................................................................................................ 411
Division 3—Temporary biosecurity monitoring zones 412
Subdivision A—Temporary biosecurity monitoring zone determinations 412
384........ Director of Biosecurity may determine temporary biosecurity monitoring zone 412
385........ Content of a temporary biosecurity monitoring zone determination 413
386........ Additional powers that may be specified in a temporary biosecurity monitoring zone determination 414
387........ Consultation requirements............................................................... 415
388........ Notification requirements................................................................ 415
Subdivision B—Powers that may be exercised in temporary biosecurity monitoring zones 416
389........ Powers that may be exercised—general.......................................... 416
390........ Exercise of powers in premises....................................................... 416
Subdivision C—Civil penalty provisions 417
391........ Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone........................................................................................................ 417
392........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone............................................................ 418
393........ Unauthorised persons must not interfere with etc. equipment etc. set up in temporary biosecurity monitoring zone........................................................................................................ 419
Part 6A—Preventative biosecurity measures 421
Division 1—Introduction 421
393A..... Simplified outline of this Part.......................................................... 421
Division 2—Preventative biosecurity measures 422
393B..... Determining preventative biosecurity measures.............................. 422
393C..... Civil penalty for failing to comply with a preventative biosecurity measure 423
Part 7—Biosecurity activity zones 424
Division 1—Introduction 424
394........ Simplified outline of this Part.......................................................... 424
Division 2—Biosecurity activity zone determinations 425
395........ Director of Biosecurity may determine biosecurity activity zone..... 425
396........ Consultation requirements............................................................... 426
397........ Notification requirements................................................................ 426
398........ Revocation of biosecurity activity zone determination..................... 426
Division 3—Powers that may be exercised in biosecurity activity zones 427
399........ Powers that may be exercised......................................................... 427
400........ Use of force.................................................................................... 428
Division 4—Offences and civil penalty provisions 429
401........ Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone 429
402........ Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in a biosecurity activity zone.................................................................................... 430
403........ Person must comply with direction................................................. 430
Chapter 7—Approved arrangements 432
Part 1—Introduction 432
404........ Simplified outline of this Chapter.................................................... 432
Part 2—Approval of proposed arrangement 434
405........ Person may apply to relevant Director for approval of proposed arrangement to carry out biosecurity activities 434
406........ Relevant Director must decide whether or not to approve proposed arrangement 434
407........ Proposed arrangement may be approved subject to condition requiring security to be given 435
408........ Notice of decision........................................................................... 436
409........ Duration of approved arrangement.................................................. 436
410........ Restrictions on applications for approval of proposed arrangements etc. 436
411........ Transfer of approved arrangement.................................................. 437
Part 3—Variation of approved arrangement 438
Division 1—Application by biosecurity industry participant 438
412........ Application for approval of varied arrangement.............................. 438
Division 2—Variation required by relevant Director 439
413........ Relevant Director may vary or require variation of approved arrangement 439
414........ Notice varying conditions of approved arrangement....................... 439
415........ Date of effect of variation of conditions of approved arrangement.. 440
416........ Notice requiring approved arrangement to be varied....................... 440
Part 4—Suspension of approved arrangement 441
Division 1—Suspension requested by biosecurity industry participant 441
417........ Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement 441
Division 2—Suspension by relevant Director 444
418........ Relevant Director may suspend approved arrangement................... 444
419........ Notice of suspension....................................................................... 446
420........ Period of suspension....................................................................... 446
Division 3—Management of biosecurity risks during suspension 447
421........ Management of biosecurity risks during suspension...................... 447
Part 5—Revocation or expiry of approved arrangement 449
Division 1—Revocation requested by biosecurity industry participant 449
422........ Biosecurity industry participant may request relevant Director to revoke approved arrangement 449
Division 2—Revocation by relevant Director 450
423........ Relevant Director may revoke approved arrangement..................... 450
424........ Notice of revocation........................................................................ 451
425........ Date of effect of revocation............................................................. 452
Division 3—Management of biosecurity risks after revocation or expiry of approved arrangement 453
426........ Management of biosecurity risks after revocation or expiry of approved arrangement 453
Part 6—Powers and obligations of biosecurity industry participants 455
Division 1—General 455
427........ Authorisation to carry out biosecurity activities in accordance with approved arrangement 455
428........ Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc......................................................................................................... 455
429........ Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks 456
430........ Biosecurity industry participant may charge fee in relation to biosecurity activities carried out 457
Division 2—Biosecurity incidents 459
431........ Reporting biosecurity incidents....................................................... 459
432........ Costs of dealing with biosecurity incidents..................................... 460
Part 7—Other provisions 462
Division 1—Applications for approval 462
433........ Applications to which this Division applies.................................... 462
434........ Requirements for applications......................................................... 462
435........ Dealing with applications................................................................ 463
Division 2—Audit powers 465
436........ Relevant Director may require audit to be carried out...................... 465
437........ Powers of auditors.......................................................................... 466
Division 3—Miscellaneous 468
438........ Giving false or misleading information to a biosecurity industry participant 468
439........ Giving false or misleading documents to a biosecurity industry participant 469
440........ Obstruction or hindrance of person acting in accordance with approved arrangement 470
441........ Protection from civil proceedings.................................................... 470
Chapter 8—Biosecurity emergencies and human biosecurity emergencies 472
Part 1—Biosecurity emergencies 472
Division 1—Introduction 472
442........ Simplified outline of this Part.......................................................... 472
Division 2—Declaration of biosecurity emergency 474
443........ Governor‑General may declare that a biosecurity emergency exists 474
444........ Governor‑General may extend biosecurity emergency period......... 475
Division 3—Emergency requirements, directions and actions 477
445........ Agriculture Minister may determine emergency requirements during biosecurity emergencies 477
446........ Agriculture Minister may give directions and take actions during biosecurity emergencies 478
447........ Limits on power to give directions and take actions........................ 480
448........ Limit on requiring individuals to be subject to certain biosecurity measures 481
449........ Person must comply with emergency requirements and directions. 481
450........ Asking questions relating to biosecurity emergencies..................... 482
451........ Requiring documents relating to biosecurity emergencies............... 483
Division 4—National response agencies 485
452........ Agriculture Minister may declare national response agency............ 485
453........ Agriculture Minister may delegate certain emergency powers........ 485
454........ Executive head of national response agency may subdelegate certain emergency powers 486
455........ Delegation does not limit other powers........................................... 487
456........ Notice may be affixed to goods or a conveyance............................ 487
457........ Moving or interfering with goods or conveyance........................... 489
Division 5—Exercise of powers during biosecurity emergencies 491
458........ Modification of this Act during biosecurity emergencies................ 491
459........ Biosecurity risk assessment powers................................................ 491
460........ Application of offences during emergencies................................... 492
461........ Biosecurity control orders—making orders.................................... 493
462........ Biosecurity control orders—varying orders.................................... 494
463........ Biosecurity control orders—revoking orders.................................. 495
464........ Modification of Part 4 of Chapter 6 in relation to biosecurity control orders 496
465........ Biosecurity response zones............................................................. 496
466........ Setting traps and setting up equipment and other structures............ 498
467........ Notice requirements during biosecurity emergencies...................... 498
468........ Other biosecurity measures during biosecurity emergencies........... 499
469........ Merits review during biosecurity emergencies................................ 499
Division 6—Entry to premises without warrant or consent during biosecurity emergencies 501
470........ Entry to premises without warrant or consent during biosecurity emergencies 501
471........ Modification of Chapter 6............................................................... 503
472........ Entry to adjacent premises without warrant or consent during biosecurity emergencies 503
Part 2—Human biosecurity emergencies 505
Division 1—Introduction 505
473........ Simplified outline of this Part.......................................................... 505
Division 2—Human biosecurity emergency powers 506
474........ Health Minister to exercise human biosecurity emergency powers personally 506
475........ Governor‑General may declare that a human biosecurity emergency exists 506
476........ Governor‑General may extend a human biosecurity emergency period 507
477........ Health Minister may determine emergency requirements during human biosecurity emergency period 508
478........ Health Minister may give directions during human biosecurity emergency period 510
479........ Person must comply with emergency requirements and directions. 511
Chapter 9—Compliance and enforcement 513
Part 1—Monitoring 513
Division 1—Introduction 513
480........ Simplified outline of this Part.......................................................... 513
Division 2—Monitoring under Part 2 of the Regulatory Powers Act 514
481........ Basic monitoring powers under Part 2 of the Regulatory Powers Act 514
482........ Modifications of Part 2 of the Regulatory Powers Act................... 515
Part 2—Investigation 518
Division 1—Introduction 518
483........ Simplified outline of this Part.......................................................... 518
Division 2—Investigating under Part 3 of the Regulatory Powers Act 519
484........ Basic investigation powers under Part 3 of the Regulatory Powers Act.. 519
485........ Modifications of Part 3 of the Regulatory Powers Act................... 520
Part 3—Warrants for purposes other than monitoring and investigation 523
Division 1—Introduction 523
486........ Simplified outline of this Part.......................................................... 523
Division 2—Issue of warrants 524
Subdivision A—Ordinary issue of warrants 524
487........ Warrants this Subdivision applies to............................................... 524
488........ Application and issue of warrant..................................................... 524
489........ Test to be met for issue of warrant.................................................. 525
490........ Content of warrant.......................................................................... 528
Subdivision B—Issue of certain warrants by telephone, fax etc. 531
491........ Application of this Subdivision to certain warrants......................... 531
492........ Issue of certain warrants by telephone, fax etc................................ 531
493........ Authority of warrant....................................................................... 533
494........ Fault‑based offence relating to warrants by telephone, fax etc........ 533
Division 3—Executing warrants relating to aircraft or vessels 535
495........ Executing warrants relating to aircraft or vessels............................ 535
Part 4—General rules about entry to premises under a warrant or consent 536
Division 1—Introduction 536
496........ Simplified outline of this Part.......................................................... 536
Division 2—Entering adjacent premises to gain access to other premises 537
497........ Meaning of premises...................................................................... 537
498........ Entering adjacent premises to gain access to other premises........... 537
499........ Entry under adjacent premises warrants.......................................... 538
Division 3—Obligations and powers of biosecurity enforcement officers 539
Subdivision A—Obligations relating to consent 539
500........ Consent........................................................................................... 539
Subdivision B—Obligations and powers relating to warrants 540
501........ Warrants this Subdivision applies to............................................... 540
502........ Announcement before execution of warrant.................................... 540
503........ Biosecurity enforcement officer to be in possession of warrant...... 542
504........ Details of warrant etc. to be provided.............................................. 542
505........ Use of force in executing a warrant................................................. 542
Division 4—Appropriate person’s rights and responsibilities relating to warrants 544
506........ Warrants this Division applies to.................................................... 544
507........ Appropriate person’s right to observe execution of warrant........... 544
508........ Appropriate person to provide facilities and assistance................... 544
Part 5—Entering and exercising powers on premises without a warrant or consent 546
Division 1—Introduction 546
509........ Simplified outline of this Part.......................................................... 546
Division 2—Monitoring and searching relevant premises 547
510........ Meaning of relevant premises......................................................... 547
511........ Monitoring relevant premises.......................................................... 547
512........ Offence‑related searches and seizures............................................. 548
Division 3—Powers, rights and responsibilities relating to entry 550
Subdivision A—Application of this Division 550
513........ Application of this Division............................................................ 550
Subdivision B—Obligations and powers of biosecurity enforcement officers in entering premises 550
514........ Announcement before entry............................................................ 550
515........ Use of force in entering premises.................................................... 551
Subdivision C—Appropriate person’s rights and responsibilities on entry 551
516........ Appropriate person is entitled to observe exercise of powers......... 551
517........ Appropriate person to provide officers etc. with facilities and assistance 552
Part 6—Civil penalties 553
Division 1—Introduction 553
518........ Simplified outline of this Part.......................................................... 553
Division 2—Civil penalties under Part 4 of the Regulatory Powers Act 554
519........ Basic operation of civil penalties under Part 4 of the Regulatory Powers Act 554
520........ Modifications of Part 4 of the Regulatory Powers Act................... 555
Division 3—Civil penalties for executive officers of bodies corporate 558
521........ Civil penalties for executive officers of bodies corporate................ 558
Part 7—Infringement notices 560
Division 1—Introduction 560
522........ Simplified outline of this Part.......................................................... 560
Division 2—Infringement notices under Part 5 of the Regulatory Powers Act 561
523........ Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act 561
524........ Modifications of Part 5 of the Regulatory Powers Act................... 563
524A..... Director of Biosecurity may determine list of goods for purposes of infringement notices 566
Part 8—Enforceable undertakings 567
Division 1—Introduction 567
525........ Simplified outline of this Part.......................................................... 567
Division 2—Accepting and enforcing undertakings under Part 6 of the Regulatory Powers Act 568
526........ Enforceable undertakings................................................................ 568
Part 9—Injunctions 569
Division 1—Introduction 569
527........ Simplified outline of this Part.......................................................... 569
Division 2—Injunctions under Part 7 of the Regulatory Powers Act 570
528........ Injunctions...................................................................................... 570
Part 10—Miscellaneous 571
Division 1—Introduction 571
529........ Simplified outline of this Part.......................................................... 571
Division 2—Fit and proper person test 572
530........ Fit and proper person test................................................................ 572
Division 3—Personal information for applications 575
531........ Personal information for applications.............................................. 575
Division 4—Civil penalty provisions for false or misleading information or documents 576
532........ Civil penalty provision for false or misleading information............ 576
533........ Civil penalty provision for false or misleading documents.............. 577
Division 5—General rules about offences and civil penalty provisions 578
534........ Physical elements of offences......................................................... 578
535........ Contravening offence and civil penalty provisions.......................... 578
Division 6—Miscellaneous 579
536........ Persons assisting biosecurity officers or biosecurity enforcement officers 579
537........ Powers of issuing officers.............................................................. 581
538........ Judicial review of directions to secure goods or conveyances......... 581
Chapter 10—Governance and officials 583
Part 1—Introduction 583
539........ Simplified outline of this Chapter.................................................... 583
Part 2—Director of Biosecurity 584
540........ Director of Biosecurity.................................................................... 584
541........ Functions and powers of Director of Biosecurity........................... 584
541A..... Power to arrange for certain decisions to be made by computer programs 585
542........ Delegation and subdelegation.......................................................... 587
543........ Agriculture Minister may give general directions to Director of Biosecurity 591
Part 3—Director of Human Biosecurity 592
544........ Director of Human Biosecurity....................................................... 592
544A..... Delegation of Director’s functions or powers relating to human biosecurity control orders 592
Part 4—Biosecurity officers and biosecurity enforcement officers 593
Division 1—Authorisation 593
Subdivision A—Authorisation by Director of Biosecurity 593
545........ Authorisation by Director of Biosecurity of persons as biosecurity officers 593
546........ Authorisation by Director of Biosecurity of persons as biosecurity enforcement officers 594
547........ Arrangements for State or Territory officers or employees to be biosecurity officers or biosecurity enforcement officers........................................................................................................ 595
Subdivision B—Authorisation by Director of Human Biosecurity 595
548........ Authorisation by Director of Human Biosecurity of persons as biosecurity enforcement officers 595
549........ Arrangements for State or Territory officers or employees to be biosecurity enforcement officers 596
Division 2—Functions and powers 597
Subdivision A—General 597
550........ Functions and powers of biosecurity officers................................. 597
551........ Functions and powers of biosecurity enforcement officers............. 597
552........ Directions to assist persons performing functions etc. under this Act 598
553........ Biosecurity officers and biosecurity enforcement officers may be assisted by animals 599
554........ Carrying out tests on samples......................................................... 600
555........ Biosecurity officer may direct person in charge of conveyance to permit biosecurity officer to board 601
556........ Powers that may be exercised by biosecurity officer after boarding a conveyance 602
557........ Biosecurity officer may give permission to engage in certain conduct 603
Subdivision B—Decontamination 604
558........ Decontaminating an individual........................................................ 604
559........ Direction to individual to be decontaminated................................... 605
560........ Decontaminating clothing and personal effects............................... 606
561........ Other protections in relation to decontamination............................. 607
Part 5—Chief human biosecurity officers and human biosecurity officers 609
Division 1—Authorisation 609
562........ Authorisation of chief human biosecurity officers.......................... 609
563........ Authorisation of human biosecurity officers................................... 609
564........ Arrangements for State or Territory officers or employees to be chief human biosecurity officers or human biosecurity officers............................................................................................ 610
Division 2—Functions and powers 611
565........ Functions and powers of chief human biosecurity officers............. 611
566........ Functions and powers of human biosecurity officers...................... 611
Part 6—Inspector‑General of Biosecurity 612
Division 1—Inspector‑General of Biosecurity 612
566A..... Inspector‑General of Biosecurity.................................................... 612
566B..... Term of office................................................................................. 612
566C..... Remuneration.................................................................................. 612
566D..... Leave of absence for full‑time Inspector‑General............................ 613
566E...... Engaging in other paid employment................................................ 613
566F...... Other terms and conditions............................................................. 613
566G..... Resignation..................................................................................... 614
566H..... Termination of appointment............................................................ 614
566J...... Acting appointments....................................................................... 615
Division 2—Reviews by the Inspector‑General 616
567........ Inspector‑General may review administration of provisions........... 616
568........ Inspector‑General may require information etc. for review............. 616
Part 7—Miscellaneous 618
569........ Identity cards—biosecurity officers etc........................................... 618
570........ Identity cards—human biosecurity officers etc............................... 618
571........ Offence—failure to return identity card........................................... 619
572........ General provisions relating to directions......................................... 619
Chapter 11—Miscellaneous 621
Part 1—Review of decisions 621
Division 1—Introduction 621
573........ Simplified outline of this Part.......................................................... 621
Division 2—Review of decisions 622
574........ Reviewable decisions...................................................................... 622
575........ Notice of decision........................................................................... 627
576........ Internal review of reviewable decisions.......................................... 628
577........ Director of Biosecurity may require further information from applicants 629
578........ Review by the Administrative Appeals Tribunal............................. 630
Part 2—Information management 631
Division 1—Introduction 631
579........ Simplified outline of this Part.......................................................... 631
Division 2—Offences and civil penalties 632
Subdivision A—Unauthorised use or disclosure of protected information 632
580........ Use or disclosure of protected information..................................... 632
Subdivision B—Other matters 634
581........ Protection from liability etc............................................................. 634
Division 3—Authorised uses and disclosures of relevant information 635
Subdivision A—Authorised uses and disclosures by entrusted person or other persons 635
582........ Use or disclosure for the purposes of this Act................................ 635
583........ Use or disclosure for the purposes of managing human health risks 636
584........ Disclosure for the purposes of a State or Territory managing risks 637
585........ Disclosure for the purposes of foreign governments etc. managing risks 637
586........ Use or disclosure for the purposes of certain Acts.......................... 638
587........ Disclosure to a Commonwealth entity............................................. 638
588........ Disclosure to a court, tribunal etc.................................................... 638
589........ Disclosure for the purposes of law enforcement............................. 639
590........ Use or disclosure for research, policy development or data analysis 640
590A..... Use or disclosure of statistics.......................................................... 641
590B..... Use or disclosure of publicly available information........................ 641
590C..... Disclosure to person to whom information relates.......................... 641
590D..... Use or disclosure with consent....................................................... 641
590E...... Disclosure to person who provided information............................. 641
Subdivision B—Authorised uses and disclosures by Director of Biosecurity or Director of Human Biosecurity 642
590F...... Disclosure to State or Territory body.............................................. 642
590G..... Use or disclosure to manage severe and immediate threats............. 642
Subdivision C—Authorised uses and disclosures under regulations 642
590H..... Use or disclosure authorised by regulations.................................... 642
Part 3—Cost recovery 644
Division 1—Introduction 644
591........ Simplified outline of this Part.......................................................... 644
Division 2—Fees 645
592........ Fees and other rules for fee‑bearing activities................................. 645
Division 3—Payment of cost‑recovery charges 646
593........ Paying cost‑recovery charges.......................................................... 646
594........ Notional payments by the Commonwealth...................................... 646
Division 4—Unpaid cost‑recovery charges 647
Subdivision A—General 647
595........ Late payment fee............................................................................. 647
596........ Recovery of cost‑recovery charges................................................. 647
597........ Suspending or revoking permits etc. because of unpaid cost‑recovery charges 647
Subdivision B—Dealing with goods to recover unpaid cost‑recovery charges 648
598........ Creation of charge on goods........................................................... 648
599........ Effect of charge on goods............................................................... 649
600........ Biosecurity officer may withhold goods that are subject to charge.. 650
601........ Moving or interfering with withheld goods.................................... 651
602........ When goods stop being withheld.................................................... 651
603........ Sale of withheld goods.................................................................... 652
Subdivision C—Dealing with a conveyance to recover unpaid cost‑recovery charge 653
604........ Creation of charge on conveyance................................................... 653
605........ Effect of charge on conveyance....................................................... 654
606........ Director of Biosecurity may detain conveyance that is subject to charge 655
607........ Moving or interfering with detained conveyance............................ 656
608........ Release of detained conveyance...................................................... 657
609........ Sale of detained conveyance............................................................ 658
Division 5—Power to sell goods and conveyances 660
610........ Sale of goods and conveyances....................................................... 660
611........ Dealing with the proceeds of sale.................................................... 660
Division 6—Miscellaneous 662
612........ Providing sustenance for animals and plants................................... 662
613........ Agriculture Minister may remit or refund cost‑recovery charges.... 663
614........ Extraterritorial operation of this Part............................................... 664
Part 3A—Arrangements and grants for dealing with risks posed by diseases or pests 665
614A..... Simplified outline of this Part.......................................................... 665
614B..... Arrangements and grants for dealing with risks posed by diseases or pests 665
614C..... Terms and conditions for grants...................................................... 667
614D..... Additional operation of this Part..................................................... 667
614E...... Relationship of this Part with other Acts......................................... 668
614F...... Executive power of the Commonwealth.......................................... 668
614G..... Inclusion of information in annual reports...................................... 668
614H..... Delegation....................................................................................... 669
Part 4—Exemptions from and modifications of this Act 670
Division 1—Introduction 670
615........ Simplified outline of this Part.......................................................... 670
Division 2—Exemptions from and modifications of this Act 671
Subdivision A—Exemption and modification by regulation 671
616........ Exemptions from and modifications of this Act.............................. 671
617........ Exemptions for Torres Strait Treaty................................................ 671
Subdivision B—Modifications relating to declared movements between parts of Australian territory 673
618........ Modified operation of this Act in relation to declared movements between parts of Australian territory 673
619........ Affected provisions and exit provisions.......................................... 676
620........ How the affected provisions (except the exit provisions) apply because of this Subdivision 677
621........ Release from biosecurity control if goods leave destination part..... 679
622........ Release from biosecurity control if aircraft or vessel leaves destination part 679
623........ How the exit provisions apply because of this Subdivision............ 681
624........ Relationship between this Subdivision and other provisions of this Act 681
Part 5—Miscellaneous 682
Division 1—Introduction 682
625........ Simplified outline of this Part.......................................................... 682
Division 2—Abandoned or forfeited goods and conveyances 683
626........ Abandoned goods........................................................................... 683
627........ Forfeited goods............................................................................... 684
628........ Prohibited goods etc. may be forfeited to the Commonwealth........ 685
629........ Abandoned conveyances................................................................. 687
630........ Forfeited conveyances..................................................................... 688
Division 3—Damaged and destroyed goods etc. 690
631........ Person complying with direction or request must not damage or destroy goods 690
632........ Compensation for damaged goods.................................................. 691
633........ Compensation for destroyed goods, conveyances or other premises 692
634........ Claims for, and amount of, compensation....................................... 695
Division 4—Miscellaneous 698
635........ Privilege against self‑incrimination................................................. 698
636........ Offence—hindering compliance with the Act etc............................ 699
637........ Certificates given by analyst............................................................ 700
638........ Admission of analyst’s certificate in proceedings........................... 701
639........ Power or requirement to do or cause a thing to be done.................. 702
639A..... Clarifying conditionally non‑prohibited goods................................ 702
640........ Treatment of partnerships................................................................ 703
641........ Treatment of unincorporated associations....................................... 704
642........ Arrangements with States and Territories to assist in carrying out this Act 704
643........ Delegation of powers by Agriculture Minister................................ 705
644........ Protection from civil proceedings.................................................... 706
645........ Regulations..................................................................................... 708
Endnotes 710
Endnote 1—About the endnotes 710
Endnote 2—Abbreviation key 712
Endnote 3—Legislation history 713
Endnote 4—Amendment history 716
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. Requirements may also be determined for persons entering Australian territory on an incoming conveyance, in connection with diseases and pests that are considered to pose an unacceptable level of biosecurity risk. 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) managing information obtained or generated under this Act; and
(c) recovering costs under this Act; and
(ca) arrangements and grants for dealing with risks posed by diseases or pests; 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), Part 3A of Chapter 11 (arrangements and grants for dealing with risks posed by diseases or pests) or another part of this Act (see sections 9, 310 and 614B).
5 Appropriate Level of Protection (ALOP) for Australia against biosecurity risks
The Appropriate Level of Protection (or ALOP) for Australia is a high level of sanitary and phytosanitary protection aimed at reducing biosecurity risks to a very low level, but not to zero.
Note 1: This section is in accordance with Australia’s rights and obligations under the SPS Agreement.
Note 2: The ALOP for Australia must be applied in conducting a BIRA (see subsection 167(2)) or a risk assessment for the purpose of deciding whether particular goods, or a particular class of goods, can be brought or imported into Australian territory (see subsections 173(4), 174(3), 179(1A) and 182(4)).
6 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be:
(a) prosecuted for an offence; or
(b) subject to civil proceedings for a civil penalty order under Part 4 of the Regulatory Powers Act; or
(c) given an infringement notice under Part 5 of the Regulatory Powers Act.
7 Extension of Act to Christmas Island, Cocos (Keeling) Islands and other prescribed external Territories
(1) This Act extends to Christmas Island and the Cocos (Keeling) Islands.
(2) The regulations may extend this Act or any provisions of this Act, other than Chapter 5 (ballast water), to any other external Territory that is prescribed by the regulations.
Note: Chapter 5 extends to all the external Territories (see section 259).
8 Concurrent operation of State and Territory laws
(1) This Act does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act (except as referred to in subsection (2)).
(2) Subsection (1) is subject to the following provisions:
(a) section 172 (prohibited goods);
(b) section 265 (ballast water);
(c) subsections 445(4), 446(4), 477(5) and 478(4) (biosecurity emergencies and human biosecurity emergencies).
(3) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:
(a) the law makes an act or omission:
(i) an offence; or
(ii) subject to a civil penalty; and
(b) that (or any similar) act or omission is also:
(i) an offence against a provision of this Act; or
(ii) subject to a civil penalty under this Act.
(4) Subsection (3) applies even if the law of the State or Territory does any one or more of the following, in relation to the offence or civil penalty:
(a) provides for a penalty that differs from the penalty provided for in this Act;
(b) provides for fault elements that differ from the fault elements applicable to the offence or civil penalty provision created by this Act;
(c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence or civil penalty provision created by this Act.
Part 2—Definitions
9 Definitions
(1) In this Act:
acceptable ballast water exchange has the meaning given by section 275.
accompanying person for a child or incapable person means:
(a) a parent, guardian or next of kin of the child or incapable person; or
(b) a person authorised by a parent, guardian or next of kin of the child or incapable person under section 39.
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
adjacent premises warrant means a warrant issued as a result of the test in item 5 of the table in section 489 being met.
Administration of a vessel has the same meaning as in the Ballast Water Convention.
affected provisions has the meaning given by subsection 618(1).
Agriculture Department means the Department administered by the Agriculture Minister.
Agriculture Minister means the Minister administering the Primary Industries Levies and Charges Collection Act 1991.
Agriculture Secretary means the Secretary of the Agriculture Department.
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface.
Note: A reference to an aircraft does not include a reference to an aircraft brought or imported into Australian territory from outside Australian territory on board another conveyance until the aircraft is released from biosecurity control (see subsection 16(3)).
ALOP (short for Appropriate Level of Protection) has the meaning given by section 5.
animal includes a dead animal and any part of an animal, but does not include a human or a part of a human, whether the human is dead or alive.
appropriate ballast water records has the meaning given by section 295.
appropriate person means:
(a) for premises to which an entry warrant or a premises possession warrant relates, or premises entered under a provision referred to in section 513—the occupier of the premises, or another person who apparently represents the occupier; or
(b) for a conveyance to which a conveyance possession warrant relates—the person responsible for the conveyance, or another person who apparently represents the person responsible for the conveyance.
Note: If an entry warrant relates to a conveyance, the appropriate person is the person occupying the conveyance, or another person who apparently represents that person (see paragraph (a) of the definition of premises in this section).
approved arrangement has the meaning given by section 10.
associate of a person has a meaning affected by section 11.
Australian law means a law of the Commonwealth, or of a State or Territory.
Australian seas means:
(a) for Australian vessels and foreign vessels whose Administration is a party to the Ballast Water Convention—the waters (including the internal waters of Australia) that are within the outer limits of the exclusive economic zone of Australia; or
(b) for all other foreign vessels—the Australian territorial seas.
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
Australian territorial seas means the waters (including the internal waters of Australia) within the outer limits of the territorial sea of Australia (including every external Territory).
Note: This definition is affected by sections 260 (vessels in dry dock) and 261 (foreign vessels and the Australian Antarctic Territory).
Australian territory has the meaning given by section 12.
Australian vessel means a vessel that:
(a) has Australian nationality under section 29 of the Shipping Registration Act 1981; or
(b) is a vessel whose Administration is the Commonwealth.
baggage means goods:
(a) that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge and members of the crew of the conveyance); or
(b) that a person intended to be so carried.
ballast water has the same meaning as Ballast Water has in the Ballast Water Convention.
Note: Chapter 5 (ballast water) does not generally apply to permanent ballast water in sealed tanks (see section 263).
Ballast Water Convention means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, done at London on 13 February 2004, as in force from time to time.
Note 1: The Ballast Water Convention includes the Annex to the Ballast Water Convention.
Note 2: The Convention could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
ballast water exchange means a process involving:
(a) the discharge of ballast water from a tank on a vessel; and
(b) the uptake of water into the tank simultaneously with, or immediately after, the discharge.
ballast water management has the same meaning as Ballast Water Management has in the Ballast Water Convention.
ballast water management certificate has the meaning given by section 288.
ballast water management plan has the meaning given by section 286.
ballast water operation means:
(a) taking up ballast water into a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(b) discharging ballast water from a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or
(c) treating or circulating ballast water on a vessel for the purposes of ballast water management.
ballast water reception facility means a facility (including a vessel) for receiving ballast water from vessels for treatment or disposal.
ballast water record system for a vessel means a system for making and keeping records about the vessel’s ballast water and ballast water operations.
Biodiversity Convention means the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1993 No. 32 ([1993] ATS 32) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
biosecurity activities, in relation to an approved arrangement, has the meaning given by section 405.
biosecurity activity zone has the meaning given by subsection 395(1).
biosecurity activity zone determination means a determination made under subsection 395(1).
biosecurity control notice, in relation to goods that are subject to biosecurity control or a conveyance that is subject to biosecurity control, means a notice in the form approved by the Director of Biosecurity that states that the goods or conveyance is subject to biosecurity control.
Note: See sections 129 and 203.
biosecurity control order means an order made under section 353.
biosecurity control order warrant means a warrant issued as a result of the test in item 2 of the table in section 489 being met.
biosecurity emergency means a biosecurity emergency that is declared to exist under subsection 443(1).
biosecurity emergency declaration means a declaration made under subsection 443(1).
biosecurity emergency period means the period specified under paragraph 443(3)(c) in a biosecurity emergency declaration as the period during which the declaration is in force.
biosecurity enforcement officer means a person who is authorised under section 546 or 548 to be a biosecurity enforcement officer under this Act.
biosecurity entry point has the meaning given by section 13.
biosecurity industry participant has the meaning given by section 14.
biosecurity measures means measures to manage any of the following:
(a) biosecurity risks;
(b) the risk of contagion of a listed human disease;
(c) the risk of listed human diseases:
(i) entering Australian territory or a part of Australian territory; or
(ii) emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;
(d) biosecurity emergencies and human biosecurity emergencies.
biosecurity monitoring zone means:
(a) a permanent biosecurity monitoring zone; or
(b) a temporary biosecurity monitoring zone.
biosecurity monitoring zone warrant means a warrant issued as a result of the test in item 4 of the table in section 489 being met.
biosecurity officer means a person who is authorised under section 545 to be a biosecurity officer under this Act.
biosecurity official means any of the following:
(a) a biosecurity officer;
(b) a biosecurity enforcement officer;
(c) the Director of Biosecurity.
biosecurity response zone has the meaning given by subsection 365(1).
Note: An area may be determined to be a biosecurity response zone under Part 5 of Chapter 6 during a biosecurity emergency period (see section 465).
biosecurity response zone determination means a determination made under subsection 365(1).
biosecurity response zone warrant means a warrant issued as a result of the test in item 3 of the table in section 489 being met.
biosecurity risk means (except as provided by section 310 or 614B):
(a) the likelihood of a disease or pest:
(i) entering Australian territory or a part of Australian territory; or
(ii) establishing itself or spreading in Australian territory or a part of Australian territory; and
(b) the potential for any of the following:
(i) the disease or pest to cause harm to human, animal or plant health;
(ii) the disease or pest to cause harm to the environment;
(iii) economic consequences associated with the entry, establishment or spread of the disease or pest.
Note: Section 310 provides a modified meaning of biosecurity risk in relation to Chapter 6 (managing biosecurity risks: monitoring, control and response) and section 614B applies this modified meaning in relation to Part 3A of Chapter 11 (arrangements and grants for dealing with risks posed by diseases or pests).
biosecurity risk assessment warrant means a warrant issued as a result of the test in item 1 of the table in section 489 being met.
biosecurity worker has the meaning given by section 14A.
BIRA (short for Biosecurity Import Risk Analysis) has the meaning given by section 166.
chief human biosecurity officer for a State or Territory means a person who is authorised under section 562 to be a chief human biosecurity officer for the State or Territory.
child or incapable person means:
(a) a person who is less than 18 years old; or
(b) a person who is at least 18 years old and either:
(i) is incapable (whether permanently or temporarily) of understanding the general nature and effect of, and purposes of carrying out, a biosecurity measure; or
(ii) is incapable (whether permanently or temporarily) of indicating whether he or she consents or does not consent to a biosecurity measure.
Christmas Island means the Territory of Christmas Island.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901.
Cocos (Keeling) Islands means the Territory of Cocos (Keeling) Islands.
Commonwealth body includes a Department of State, or an authority or agency, of the Commonwealth.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
competent authority has the meaning given by the International Health Regulations.
conceal goods has a meaning affected by subsection 186A(2).
conditionally non‑prohibited goods has the meaning given by subsection 174(2).
constitutional trade and commerce means the following:
(a) trade or commerce between Australia and places outside Australia;
(b) trade or commerce among the States;
(c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.
conveyance has the meaning given by section 16.
conveyance possession warrant means a warrant issued as a result of the test in item 6 of the table in section 489 being met.
cost‑recovery charge means:
(a) a fee prescribed by regulations made for the purposes of subsection 592(1) for a fee‑bearing activity; or
(b) a charge imposed by:
(i) the Biosecurity Charges Imposition (Customs) Act 2015; or
(ii) the Biosecurity Charges Imposition (Excise) Act 2015; or
(iii) the Biosecurity Charges Imposition (General) Act 2015; or
(c) a late payment fee relating to a fee or charge described in paragraph (a) or (b).
Note: The references in paragraph (b) to the Biosecurity Charges Imposition (Customs) Act 2015, the Biosecurity Charges Imposition (Excise) Act 2015 and the Biosecurity Charges Imposition (General) Act 2015 include references to those Acts before their short titles were amended from the Quarantine Charges (Imposition—Customs) Act 2014, the Quarantine Charges (Imposition—Excise) Act 2014 and the Quarantine Charges (Imposition—General) Act 2014 respectively (see section 10 of the Acts Interpretation Act 1901).
covered by, in relation to an approved arrangement, has the meaning given by section 14.
damage, in relation to data, includes damage by erasure of data or addition of other data.
declaration disease or pest, in relation to a biosecurity emergency declaration and a biosecurity emergency period, means the disease or pest specified under paragraph 443(3)(a) in the biosecurity emergency declaration that specifies the biosecurity emergency period.
declaration listed human disease, in relation to a human biosecurity emergency declaration and a human biosecurity emergency period, means the listed human disease specified under paragraph 475(3)(a) in the human biosecurity emergency declaration that specifies the human biosecurity emergency period.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.
destination part of Australian territory has the meaning given by subsection 618(2).
Director of Biosecurity means the Director of Biosecurity referred to in section 540.
Director of Human Biosecurity means the Director of Human Biosecurity referred to in subsection 544(1).
disease means:
(a) the signs or symptoms of an illness or infection caused by a disease agent; or
(b) a collection of signs or symptoms that is clinically defined, for which the causal agent is unknown; or
(c) a disease agent that has the potential to cause, either directly or indirectly, an illness or infection.
disease agent includes, but is not limited to, a microorganism, an infectious agent and a parasite.
enactment means:
(a) an Act of the Commonwealth, a State or a Territory; or
(b) an instrument (including rules, regulations and by‑laws) made under an Act of the Commonwealth, a State or a Territory.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entrusted person means any of the following:
(a) the Agriculture Minister or the Health Minister;
(b) the Agriculture Secretary or the Health Secretary;
(c) the Director of Biosecurity or the Director of Human Biosecurity;
(d) an APS employee in the Agriculture Department or the Health Department;
(e) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Agriculture Department or the Health Department;
(f) any other person who is:
(i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
(ii) in a class of persons prescribed by regulations made for the purposes of this subparagraph.
entry warrant means any of the following warrants authorising entry to premises:
(a) a biosecurity risk assessment warrant;
(b) a biosecurity control order warrant;
(c) a biosecurity response zone warrant;
(d) a biosecurity monitoring zone warrant;
(e) an adjacent premises warrant.
environment includes:
(a) ecosystems and their constituent parts; and
(b) natural and physical resources.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
exit provisions has the meaning given by subsection 619(2).
exposed conveyance means an exposed conveyance within the meaning of subsection 192(2) or (3).
exposed goods has the meaning given by subsection 158(3).
exposed goods order means an order made under subsection 159(3).
exposed to has the meaning given by section 17.
Federal Court means the Federal Court of Australia.
fee‑bearing activities has the meaning given by subsection 592(1).
first point of entry has the meaning given by section 18.
Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.
foreign vessel means a vessel that is not an Australian vessel.
goods has the meaning given by section 19.
harbour means a natural or artificial harbour, and includes:
(a) a navigable estuary, river, creek or channel; and
(b) a haven, roadstead, dock, pier or jetty; and
(c) any other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
Health Department means the Department administered by the Health Minister.
Health Minister means the Minister administering the National Health Act 1953.
Health Secretary means the Secretary of the Health Department.
high‑value conveyance means a conveyance of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.
high‑value goods means goods of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.
human biosecurity control order means an order imposed on an individual under section 60.
human biosecurity emergency means a human biosecurity emergency that is declared to exist under subsection 475(1).
human biosecurity emergency declaration means a declaration made under subsection 475(1).
human biosecurity emergency period means the period specified under paragraph 475(3)(c) in a human biosecurity emergency declaration as the period during which the declaration is in force.
human biosecurity officer means a person who is authorised under section 563 to be a human biosecurity officer under this Act.
human disease means a disease that has the potential:
(a) to enter Australian territory or a part of Australian territory, or to emerge, establish itself or spread in Australian territory or a part of Australian territory; and
(b) to cause harm to human health.
human health response zone has the meaning given by section 113.
human health risk means:
(a) the likelihood of a disease or pest:
(i) entering Australian territory or a part of Australian territory; or
(ii) emerging, establishing itself or spreading in Australian territory or a part of Australian territory; and
(b) the potential for either of the following:
(i) the disease or pest to cause harm to human health;
(ii) economic consequences associated with the entry, emergence, establishment or spread of the disease or pest, to the extent that the disease or pest has the potential to cause harm to human health.
human remains means the remains of all or any part of a deceased human’s body, but does not include:
(a) the cremated remains of a deceased human’s body; or
(b) hair, teeth or bones of a deceased human’s body that have been separated from the deceased human’s body or a part of the deceased human’s body.
Immigration Department means the Department administered by the Minister administering the Migration Act 1958.
IMO guidelines means guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization, as in force from time to time.
Note: The text of guidelines or procedures adopted by the Marine Environment Protection Committee of the International Maritime Organization could in 2017 be accessed through the International Maritime Organization’s website (http://www.imo.org).
import, in relation to goods, does not include unloading the goods for temporary purposes only (for example, to unload other goods).
incoming aircraft or vessel means an aircraft or vessel:
(a) that has entered Australian territory during a flight or voyage that commenced outside Australian territory; and
(b) that intends to arrive, or has arrived, at a landing place or port in Australian territory in accordance with Part 4 of Chapter 4 (managing biosecurity risks: conveyances).
incoming passenger aircraft or vessel means an incoming aircraft or vessel that is a passenger aircraft or a passenger vessel.
Inspector‑General means the Inspector‑General of Biosecurity appointed under section 566A.
installation has the meaning given by section 20.
internal waters of Australia has the same meaning as in section 10 of the Seas and Submerged Lands Act 1973 and, to avoid doubt, includes waters within the limits of a State.
International Health Regulations means the International Health Regulations (2005), done at Geneva on 23 May 2005, as in force for Australia from time to time.
Note: The Regulations are in Australian Treaty Series 2007 No. 29 ([2007] ATS 29) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
international mail centre means a place approved by the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in an instrument under subsection 183UA(2) of that Act.
invasive pest means a pest that:
(a) is an alien species (within the meaning of the Biodiversity Convention); but
(b) is not capable of:
(i) infesting humans, animals or plants; or
(ii) acting as a vector for a disease; or
(iii) causing disease in any other way.
investigation warrant means:
(a) a warrant issued under section 70 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1); or
(b) a warrant signed by an issuing officer under section 71 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1).
isolation measure means the biosecurity measure included in a human biosecurity control order under section 97.
issuing officer means:
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) a Judge of the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
Note: For conferral of powers on an issuing officer, see section 537.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
landing place, in relation to an aircraft, means any place where the aircraft can land, including:
(a) an area of land or water; and
(b) an area on a building or a vessel.
late payment fee has the meaning given by section 595.
listed human disease has the meaning given by section 42.
managed for discharge, in relation to ballast water, has the meaning given by sections 272 and 275.
medical facility includes a facility (whether permanent or temporary) where medical assessments of individuals are conducted.
monitoring warrant means a warrant issued under section 32 of the Regulatory Powers Act as it applies in relation to this Act.
National Focal Point has the meaning given by section 9 of the National Health Security Act 2007.
national response agency means:
(a) the Agriculture Department and all biosecurity officers and biosecurity enforcement officers; or
(b) a body declared under section 452 to be a national response agency.
officer of Customs has the same meaning as in the Customs Act 1901.
offshore terminal has the same meaning as in the Ballast Water Convention.
operator of a conveyance has the meaning given by section 21.
origin part of Australian territory has the meaning given by subsection 618(2).
outgoing aircraft or vessel means an aircraft or vessel that intends to leave Australian territory from a landing place or port in Australian territory.
outgoing passenger aircraft or vessel means an outgoing aircraft or vessel that is a passenger aircraft or a passenger vessel.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
passenger of an aircraft or vessel means a person who is lawfully entitled to be on board the aircraft or vessel, other than a person who is on board the aircraft or vessel for the purpose of performing functions as the person in charge or as a member of the crew of the aircraft or vessel.
passenger aircraft means an aircraft that has the capacity to carry 6 or more passengers.
passenger vessel means a vessel that has the capacity to carry 12 or more passengers.
permanent biosecurity monitoring zone has the meaning given by section 378.
permissible distance means 400 metres or such greater distance as is prescribed by regulations for the purposes of this definition.
personal information has the same meaning as in the Privacy Act 1988.
person assisting has the meaning given by section 536.
person in charge has the meaning given by section 22.
person responsible for a conveyance means:
(a) the owner of the conveyance; or
(b) the person in charge of the conveyance; or
(c) the operator of the conveyance.
pest means a species, strain or biotype of a plant or animal, or a disease agent, that has the potential to cause, either directly or indirectly, harm to:
(a) human, animal or plant health; or
(b) the environment.
Note: For the application of this Act in relation to pests, see sections 25 and 26.
plant includes a dead plant and any part of a plant.
port includes a harbour.
possession warrant means a premises possession warrant or a conveyance possession warrant authorising the taking of possession of premises or a conveyance.
PPSA security interest means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009.
premises includes the following:
(a) a structure, building or conveyance;
(b) a place (whether or not enclosed or built on), including a place situated underground or under water;
(c) a part of a thing referred to in paragraph (a) or (b).
Note: Premises does not include a conveyance in certain parts of this Act (see sections 252, 472 and 497).
premises possession warrant means a warrant issued as a result of the test in item 7 of the table in section 489 being met.
prescribed contact information means:
(a) in relation to section 47—the contact information prescribed by the regulations for the purposes of that section; and
(b) in relation to section 69—the contact information prescribed by the regulations for the purposes of that section; and
(c) in relation to section 85—the contact information prescribed by the regulations for the purposes of that section.
prescribed quarantine signal means the signal prescribed for the purposes of subsection 221(2).
prohibited goods has the meaning given by subsection 173(2).
protected information means information of any of the following kinds obtained or generated by a person:
(a) sensitive information (within the meaning of the Privacy Act 1988);
(b) information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;
(d) information the disclosure of which could reasonably be expected to prejudice the protection of public safety, human health or the environment;
(e) information the disclosure of which could reasonably be expected to prejudice the security, defence or international relations of Australia;
(f) information of a kind prescribed by regulations made for the purposes of this paragraph.
protected person has the meaning given by subsection 644(6).
protected zone has the meaning given by section 617.
protected zone area has the meaning given by section 617.
protected zone vessel has the meaning given by section 617.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
related provision means the following:
(a) a provision of this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015) that creates an offence;
(b) a civil penalty provision of this Act;
(c) a provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015) and creates an offence.
release from biosecurity control:
(a) in relation to goods that are subject to biosecurity control—means release from biosecurity control under section 162; and
(b) in relation to a conveyance that is subject to biosecurity control—means release from biosecurity control under section 218.
relevant court means:
(a) the Federal Court; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
relevant Director, in relation to an approved arrangement or a proposed approved arrangement, means:
(a) if the arrangement provides for biosecurity activities to be carried out relating only to human health risks—the Director of Human Biosecurity; or
(b) in any other case—the Director of Biosecurity.
relevant information means information obtained or generated by a person in the course of or for the purposes of:
(a) performing functions or duties, or exercising powers, under this Act; or
(b) assisting another person to perform functions or duties, or exercise powers, under this Act.
relevant person for a reviewable decision means:
(a) for a reviewable decision referred to in column 1 of the table in subsection 574(1)—the person referred to in column 3 of that table in relation to that decision; and
(b) for a reviewable decision prescribed under regulations or a determination made for the purposes of subsection 574(2)—the person specified by the regulations or determination as the relevant person for that decision.
relevant premises has the meaning given by section 510.
reportable biosecurity incident:
(a) in relation to goods that are subject to biosecurity control—means an act, omission or event that is determined to be a reportable biosecurity incident under section 154; and
(b) in relation to an approved arrangement—has the meaning given by subsection 431(1).
reviewable decision has the meaning given by subsections 574(1) and (2).
sanitation health risk has the meaning prescribed for the purposes of paragraph 255(1)(a).
sediment has the same meaning as Sediments has in the Ballast Water Convention.
sediment reception facility means:
(a) for an Australian vessel that is not in Australian seas—a facility for receiving sediment from vessels for treatment or disposal in accordance with IMO guidelines; or
(b) otherwise—a facility in Australian territory for receiving sediment from vessels for treatment or disposal in a way authorised under:
(i) a law of the Commonwealth; or
(ii) if the facility is in a State or Territory—a law of the State or Territory.
ship’s pilot, in relation to a vessel, means a person who does not belong to, but has the conduct of, the vessel.
SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures set out in Annex 1A to the World Trade Organization Agreement, as in force for Australia from time to time.
State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.
subject to biosecurity control:
(a) in relation to goods—means subject to biosecurity control because of subsection 119(2) or (4); and
(b) in relation to a conveyance—means subject to biosecurity control because of subsection 191(2) or (4) or 192(2), (3) or (5).
survey authority means a person authorised by the Director of Biosecurity under section 290A to be a survey authority.
suspended goods has the meaning given by subsection 182(2).
tank includes space or compartment.
temporary biosecurity monitoring zone has the meaning given by subsection 384(1).
temporary biosecurity monitoring zone determination means a determination made under subsection 384(1).
this Act includes:
(a) instruments made under this Act; and
(b) the Regulatory Powers Act as it applies in relation to this Act.
Torres Strait Treaty has the meaning given by section 617.
traditional activities has the meaning given by section 617.
traditional inhabitant has the meaning given by section 617.
traveller movement measure means the biosecurity measure included in a human biosecurity control order under section 96.
unduly detained or delayed has the same meaning as in the Ballast Water Convention.
United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as in force for Australia from time to time.
Note: The Convention is in Australian Treaty Series 1994 No. 31 ([1994] ATS 31) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
vector means an arthropod or other living carrier that transports an infectious agent from an infected plant or animal to an individual.
vessel:
(a) means any kind of vessel used in navigation by water, however propelled or moved, including the following:
(i) a barge, lighter or other floating craft;
(ii) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and
(b) includes:
(i) an installation; and
(ii) any floating structure.
Note: A reference (except in Chapter 5 (ballast water and sediment) and any related provision) to a vessel does not include a reference to a vessel brought or imported into Australian territory from outside Australian territory on board another conveyance until the vessel is released from biosecurity control (see subsection 16(4)).
warrant means:
(a) a warrant issued under section 488; or
(b) a warrant signed by an issuing officer under section 492; or
(c) an investigation warrant; or
(d) a monitoring warrant.
World Trade Organization Agreement means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Note: The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(2) Before the Governor‑General makes regulations for the purposes of paragraph (f) of the definition of protected information in subsection (1) to prescribe a kind of information, the Agriculture Minister or the Health Minister must be satisfied that disclosure of that kind of information would or could reasonably be expected to:
(a) prejudice the effective working of the Agriculture Department or the Health Department; or
(b) otherwise harm the public interest.
10 Meaning of approved arrangement
An approved arrangement is an arrangement for which an approval is in force under paragraph 406(1)(a) (including a varied arrangement for which an approval is in force under that paragraph as it applies because of subsection 412(3)).
11 Meaning of associate
(1) Associate of a person (the first person) includes each of the following:
(a) a person who is or was a consultant, adviser, partner, representative on retainer, employer or employee of:
(i) the first person; or
(ii) any corporation of which the first person is an officer or employee or in which the first person holds shares;
(b) a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of the first person;
(c) a child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of a spouse or de facto partner of the first person;
(d) any other person not mentioned in paragraph (a), (b) or (c) who is or was:
(i) directly or indirectly concerned in; or
(ii) in a position to control or influence the conduct of;
a business or undertaking of:
(iii) the first person; or
(iv) a corporation of which the first person is an officer or employee, or in which the first person holds shares;
(e) a corporation:
(i) of which the first person, or any of the other persons mentioned in paragraphs (a), (b), (c) and (d), is an officer or employee; or
(ii) in which the first person, or any of those other persons, holds shares;
(f) if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first person.
(2) Without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person:
(a) a stepchild or adopted child of the person;
(b) someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;
(c) someone is a child of the person within the meaning of the Family Law Act 1975.
(3) Without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in subsection (2).
(4) For the purposes of this section, if one person is the child of another person because of the definition of child in subsection (2), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.
12 Meaning of Australian territory
A reference in a provision of this Act to Australian territory is a reference to:
(a) Australia, Christmas Island, Cocos (Keeling) Islands and any external Territory to which that provision extends; and
(b) the airspace over an area covered by paragraph (a); and
(c) the coastal sea of Australia, of Christmas Island, of Cocos (Keeling) Islands and of any other external Territory to which that provision extends.
Note 1: Under subsection 7(2), the regulations may extend this Act, or any provisions of this Act, to external Territories.
Note 2: The definition of coastal sea of Australia or an external Territory in subsection 15B(4) of the Acts Interpretation Act 1901 includes the airspace over Australia or the external Territory.
13 Meaning of biosecurity entry point
Biosecurity entry point for an aircraft
(1) A biosecurity entry point for an aircraft that is subject to biosecurity control is an area of a landing place that is designated, under paragraph 224(a), as a biosecurity entry point for that aircraft or a class of aircraft that includes that aircraft.
Biosecurity entry point for a vessel
(2) A biosecurity entry point for a vessel that is subject to biosecurity control is an area of a port that is designated, under paragraph 230(a), as a biosecurity entry point for that vessel or a class of vessels that includes that vessel.
Biosecurity entry point for goods
(3) A biosecurity entry point for goods that are subject to biosecurity control, or exposed goods in relation to which a biosecurity control order is in force, is:
(a) an area of a landing place that is designated, under paragraph 224(b), as a biosecurity entry point for those goods or a class of goods that includes those goods; or
(b) an area of a port that is designated, under paragraph 230(b), as a biosecurity entry point for those goods or a class of goods that includes those goods.
14 Meaning of biosecurity industry participant and covered by
A person who is the holder of the approval of an approved arrangement (including a person to whom an approved arrangement has been transferred in the circumstances prescribed by regulations made for the purposes of section 411):
(a) is a biosecurity industry participant; and
(b) is covered by the approved arrangement.
Note: If an approved arrangement is revoked under Part 5 of Chapter 7 (approved arrangements), then, for the purposes of this Act, the arrangement ceases to be an approved arrangement and the person who held the approval of the arrangement ceases to be a biosecurity industry participant covered by the arrangement.
14A Meaning of biosecurity worker
(1) A biosecurity worker is:
(a) an APS employee in the Agriculture Department or Health Department; or
(b) a person who is an employee of an Agency (within the meaning of the Public Service Act 1999) and whose services are made available to the Agriculture Department or Health Department; or
(c) a person who is:
(i) engaged as a consultant or contractor to perform services for the Agriculture Department or Health Department; and
(ii) specified in a determination under subsection (2); or
(d) a person who is:
(i) engaged or employed by a person to whom paragraph (c) or this paragraph applies; and
(ii) performing services for the Agriculture Department or Health Department in connection with that engagement or employment; and
(iii) specified in a determination under subsection (3).
(2) The Director of Biosecurity or the Director of Human Biosecurity may, by written determination, specify a person for the purposes of subparagraph (1)(c)(ii).
(3) The Director of Biosecurity or the Director of Human Biosecurity may, by written determination, specify a person for the purposes of subparagraph (1)(d)(iii).
(4) A determination under subsection (2) or (3) is not a legislative instrument.
16 Meaning of conveyance
(1) Conveyance means any of the following:
(a) an aircraft;
(b) a vessel;
(c) a vehicle;
(d) a train (including railway rolling stock);
(e) any other means of transport prescribed by the regulations.
(2) However, a reference in this Act to a conveyance does not include a conveyance while it is goods because of subsection 19(2). This subsection does not apply to a reference in:
(a) Part 3 of Chapter 11 (cost recovery); or
(b) another provision of this Act to the extent that it relates to that Part.
Note: Subsection 19(2) provides that a conveyance (the carried conveyance) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods until immediately after the carried conveyance is released from biosecurity control.
(3) A reference in this Act to an aircraft does not include an aircraft while it is goods because of subsection 19(2).
(4) A reference in this Act to a vessel does not include a reference to a vessel while it is goods because of subsection 19(2). This subsection does not apply to a reference in:
(a) Chapter 5 (ballast water and sediment); or
(b) another provision of this Act to the extent that it relates to that Chapter.
Note: An example of a vessel that is goods because of subsection 19(2) is a lifeboat on another vessel.
17 Meaning of exposed to
(1) A person or thing is taken to have been exposed to another person or thing if the first‑mentioned person or thing has been, or is likely to have been:
(a) in physical contact with; or
(b) in close proximity to; or
(c) exposed to contamination, infestation or infection from;
the other person or thing.
(2) In this section:
thing includes goods, a conveyance and premises.
18 Meaning of first point of entry
First point of entry for an aircraft
(1) A first point of entry for an aircraft that is subject to biosecurity control is a landing place that is determined, under paragraph 223(1)(a), to be a first point of entry for that aircraft or a class of aircraft that includes that aircraft.
First point of entry for a vessel
(2) A first point of entry for a vessel that is subject to biosecurity control is a port that is determined, under paragraph 229(1)(a), to be a first point of entry for that vessel or a class of vessels that includes that vessel.
First point of entry for goods
(3) A first point of entry for goods that are subject to biosecurity control, or exposed goods in relation to which an exposed goods order is in force, is:
(a) a landing place that is determined, under paragraph 223(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods; or
(b) a port that is determined, under paragraph 229(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods.
19 Meaning of goods
(1) Goods includes the following:
(a) an animal;
(b) a plant (whether moveable or not);
(c) a sample or specimen of a disease agent;
(d) a pest;
(e) mail;
(f) any other article, substance or thing (including, but not limited to, any kind of moveable property).
(2) For the purposes of this Act, except Part 3 of Chapter 11 (cost recovery), a conveyance (the carried conveyance) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods from the time the carried conveyance is first intended to be so brought or imported until immediately after the carried conveyance is released from biosecurity control.
Note: Conveyances that would be goods under this subsection include, for example, a lifeboat being carried on a vessel and an aircraft or vehicle brought into Australian territory as cargo on a vessel.
(3) For the purposes of Parts 1 and 3 of Chapter 3, and any other provision of this Act to the extent that it relates to either of those Parts, the carried conveyance continues to be goods after it is released from biosecurity control.
Note: This ensures that:
(a) a notice or declaration releasing the carried conveyance from biosecurity control can be revoked under section 164; and
(b) provisions of those Parts relating to goods can still be enforced in relation to the carried conveyance after it is released from biosecurity control.
(4) However, goods does not include:
(a) ballast water; or
(b) human remains; or
(c) except to the extent provided in subsection (2) or (3), a conveyance.
20 Meaning of installation
An installation is a structure that:
(a) is able:
(i) to float or to be floated; and
(ii) to move, or to be moved, as an entity from one place to another; and
(b) is, or is to be, used wholly or principally in:
(i) exploring or exploiting natural resources (such as fish or minerals) with equipment on, or forming part of, the structure; or
(ii) operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i) of this paragraph; and
(c) either:
(i) is attached to, or resting on, the seabed; or
(ii) is attached semipermanently or permanently to a structure that is attached to, or resting on, the seabed.
Note: An installation is a vessel for the purposes of this Act (see paragraph (b) of the definition of vessel in section 9).
21 Meaning of operator of a conveyance
(1) Subject to subsection (2), the operator of a conveyance is:
(a) if there is a body corporate or an unincorporated body responsible for the operation of the conveyance—that body; and
(b) in any other case—the person in charge of the conveyance.
(2) In Chapter 5 (ballast water), and any other provision of this Act to the extent that it relates to that Chapter, the operator of a vessel has the same meaning as Company has in the Annex to the Ballast Water Convention.
22 Meaning of person in charge
(1) Person in charge of goods:
(a) means:
(i) the owner of the goods; or
(ii) a person (other than a biosecurity officer or a biosecurity enforcement officer) who is in possession or control of the goods; and
(b) includes a biosecurity industry participant who is in possession or control of the goods as authorised by an approved arrangement covering the biosecurity industry participant.
Note: Person in charge of goods does not include a biosecurity industry participant in certain provisions of this Act (see subsections 134(7), 336(6), 626(5) and 628(7)).
(2) Person in charge of a conveyance means the person in charge or command of the conveyance, but does not include a ship’s pilot.
Note: A conveyance includes an aircraft and a vessel (see subsection 16(1)).
Part 3—Constitutional and international law provisions
Division 1—Introduction
23 Simplified outline of this Part
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 applies in relation to a pest (subject to subsection (2)) only if:
(a) the pest is capable of:
(i) infesting humans, animals or plants; or
(ii) acting as a vector for a disease; or
(iii) causing disease in any other way; or
(b) the pest is an invasive pest.
Note: For the application of this Act in relation to invasive pests, see section 26.
(2) The following provisions of this Act apply only in relation to a pest that is referred to in paragraph (1)(a):
(a) Division 3A of Part 2 of Chapter 4 (entry requirements: persons entering Australian territory on board conveyances);
(b) Part 1 of Chapter 8 (biosecurity emergencies).
26 Application of this Act in relation to invasive pests
(1) This section applies to the extent that:
(a) a provision of this Act:
(i) confers a power, function or right; or
(ii) imposes an obligation;
in relation to an invasive pest; and
(b) the provision would (apart from this section) exceed the legislative power of the Commonwealth if Australia were not a party to the Biodiversity Convention.
(2) The power, function or right is conferred, or the obligation is imposed, only to the extent that the conferral or imposition:
(a) is for the purpose of preventing the introduction of, or controlling or eradicating, those invasive pests which threaten ecosystems, habitats or species; and
(b) is reasonably capable of being considered appropriate and adapted to give effect to Australia’s rights and obligations under Article 7 or 8 of the Biodiversity Convention.
(3) This section limits the effect that this Act has apart from this section.
27 Compensation for acquisition of property
(1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
Note: For the definitions of acquisition of property and just terms, see section 9.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a relevant court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
28 Freedom of interstate trade, commerce and intercourse
A power or function conferred by this Act must not be exercised or performed in such a way as to contravene:
(a) section 92 of the Constitution (trade and commerce among the States to be free); or
(b) section 69 of the Australian Capital Territory (Self‑Government) Act 1988; or
(c) section 49 of the Northern Territory (Self‑Government) Act 1978.
29 Commonwealth not to give preference
A power or function conferred by this Act must not be exercised or performed in such a way as to give preference to one State or any part of a State in contravention of section 99 of the Constitution.
30 Application of this Act to foreign aircraft and vessels
This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign aircraft or vessels, in accordance with the United Nations Convention on the Law of the Sea, above or in any of the following:
(a) the territorial sea of Australia;
(b) the exclusive economic zone;
(c) waters of the continental shelf.
Part 4—Principles affecting decisions to exercise certain powers
31 Simplified outline of this Part
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, or the person in charge 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:
(a) for an operator of the aircraft or vessel—1,000 penalty units; or
(b) for the person in charge of the aircraft or vessel—300 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.