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Legislative Instruments
In force
As Made
Details: F2016L00756

Biosecurity Regulation 2016

- F2016L00756
In force - Latest Version
View Series

Regulations as made

This instrument prescribes important information relating to the exercise of powers by officials under the Biosecurity Act and sets out the necessary information and reporting requirements that those regulated by the Biosecurity Act are required to provide.

Administered by: Agriculture and Water Resources

Unincorporated Amendments
- Biosecurity Amendment (Ballast Water and Other Measures) Regulations 2017 - F2017L00571
  - sch 1

+ Sunset Information

Sunset Details

Sunset Date

To sunset on

01-Oct-2026

Made	05 May 2016
Registered	10 May 2016
Tabled HR	30 Aug 2016
Tabled Senate	30 Aug 2016

Details

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F2016L00756

Table of contents.

Text

Chapter 1—Preliminary

4 Extension of Biosecurity Act to Norfolk Island

Part 2—Definitions

5 Definitions

6 High-value conveyance—prescribed amount

7 High-value goods—prescribed amounts

8 References to animals

Chapter 2—Managing biosecurity risks: goods

Part 1—Notice of goods to be unloaded in Australian territory

Division 1—Preliminary

9 Purpose of this Part

Division 2—Goods to be unloaded in Australian territory other than in certain external Territories

10 Application of this Division

11 Notice of goods—general

12 Notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel

13 Additional notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel

14 Notice of goods that are the subject of an import declaration

Division 3—Goods to be unloaded in certain external Territories

15 Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands

Division 4—Exceptions

16 Exceptions to requirement to give notice of goods

Part 2—Goods brought into Australian territory

17 Other biosecurity measures relating to goods—isolation

18 Person must comply with direction to affix isolation notice

19 Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated

20 Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed

21 Interfering with, removing or defacing isolation notice

Part 3—Release of goods from biosecurity control

22 Release of goods brought into Australian territory from biosecurity control

Part 4—Biosecurity import risk analyses

Division 1—Process for conducting a BIRA

23 Purpose of this Division

24 Notice of intention to conduct a BIRA and issues paper

25 Draft BIRA report

26 Provisional BIRA report

27 Final BIRA report

28 Further information, research or expert advice

29 Scientific advisory group

30 Content of a BIRA report

31 Time within which a BIRA must be completed

32 Termination of a BIRA

Division 2—Reviews by the Inspector-General

33 Purpose of this Division

34 Person may request Inspector-General to review BIRA process

35 Inspector-General must consider request for review

36 Time within which review of BIRA process must be completed

37 Draft BIRA review report

38 Final BIRA review report

39 Failure to comply with this Division does not affect validity of a BIRA review report

Part 5—Permits to bring or import goods into Australian territory

40 Information that must be included in application for permit to bring or import conditionally non-prohibited goods into Australian territory

41 Period for making decision on application for permit

42 Extension of period for deciding application for permit—prescribed activities

43 Maximum period within which requested information or documents must be given

44 Varying or revoking conditions of, or imposing further conditions on, permit

45 Variation, suspension or revocation of permit

Chapter 3—Managing biosecurity risks: conveyances

Part 1—Pre-arrival reporting

46 Purpose of this Part

47 Pre-arrival report—aircraft

48 Pre-arrival report—vessels other than certain vessels travelling from certain areas in the Torres Strait

49 Pre-arrival report—certain vessels travelling from certain areas in the Torres Strait

50 Exceptions to requirement to give pre-arrival report—aircraft

51 Exceptions to requirement to give pre-arrival report—vessels

Part 2—Conveyances entering Australian territory

52 Conveyance becomes subject to biosecurity control if exposed to certain goods

53 Persons on incoming aircraft or vessel required to provide information to assess level of biosecurity risk

54 Biosecurity officer may require trap to be set in or on certain conveyances for monitoring or assessment purposes

55 Person must comply with direction in relation to setting trap in or on conveyance for monitoring or assessment purposes

Part 3—First points of entry

56 Requirements that must be met before determining a landing place to be first point of entry

57 Circumstances for variation and revocation of first point of entry determinations in relation to landing places

58 Requirements that must be met before determining a port to be first point of entry

59 Circumstances for variation and revocation of first point of entry determinations in relation to ports

Chapter 4—Ballast water and sediment

Part 1—Application and interpretation

60 Exemption from Chapter 5 of the Act—warships, naval auxiliary or other vessels owned or operated by the Australian government or the government of a foreign country

61 References to IMO guidelines

Part 2—Reporting ballast water discharges

62 Information that must be included in ballast water discharge report

63 Manner and time for giving ballast water discharge report

64 Exception to requirement to give ballast water discharge report

Part 3—Management of discharge of ballast water

65 Application for approval of method of ballast water management

66 Approval of method of ballast water management that has been approved by foreign country

67 Management by ballast water exchange

68 Approval of discharge to ballast water reception facility

69 Grant of exemption for discharge

Part 4—Ballast water management plans

70 Ballast water management plan for foreign vessel

71 Scheme for approval of ballast water management plan for Australian vessel

Part 5—Ballast water management certificates

72 Ballast water management certificate for foreign vessel

73 Scheme for survey of Australian vessel and issue etc. of ballast water management certificate

74 Scheme for survey of foreign vessel and issue etc. of ballast water management certificate

Part 6—Ballast water records

75 Requirements for ballast water record system for Australian vessel

76 Requirements for records of ballast water operations and disposals of sediment

Part 7—Exemptions from and modifications of the Act

77 Exemption and modification—vessels that have taken up ballast water in Australian seas or at least 12 nautical miles from the nearest land

Chapter 5—Managing biosecurity risks: monitoring, control and response

78 Other biosecurity measures relating to goods or conveyances—export from Australian territory

Chapter 6—Approved arrangements

Part 1—Approval of proposed arrangement

79 Requirements for approving proposed arrangement

80 Transfer of approved arrangement

Part 2—Suspension of approved arrangement

81 Requirements for request to suspend all or a part of an approved arrangement

82 Period for making decision on request to suspend a part of an approved arrangement

Part 3—Revocation of approved arrangement

83 Notice period for request to revoke approved arrangement

Part 4—General provisions about applications

84 Applications to which this Part applies

85 Information to be included in applications

86 Dealing with applications

Chapter 7—Compliance and enforcement

87 Period for paying an amount under certain infringement notices given at a first point of entry

88 Amount payable under certain infringement notices

Chapter 8—Governance and officials

Part 1—Preliminary

89 Purpose of this Chapter

Part 2—Annual review program

90 Annual review program

91 Variation of annual review program

92 When reviews are to be conducted

Part 3—Process for conducting review

93 Inspector-General may invite submissions

94 Submissions may be made publicly available

95 Assistance from the Director of Biosecurity

Part 4—Review reports

96 Draft review report

97 Final review report

98 Certain material to be excluded from review reports

99 Including criticism in review reports

100 Failure to comply with this Chapter does not affect validity of a review report

Part 5—Other matters

101 Information that would be prejudicial to the public interest

102 Legal professional privilege

103 Inspector-General to have regard to minimising disruption during review

Chapter 9—Miscellaneous

Part 1—Confidentiality of information

104 Use of protected information by intelligence agencies

Part 2—Cost recovery

Division 1—Fees

105 Meaning of consignment

106 Fees that may be charged in relation to fee-bearing activities

107 When section 106 does not apply

Division 2—Payment of cost-recovery charges

108 Time for payment of certain cost-recovery charges

109 Person liable to pay certain cost-recovery charges

110 Late payment fee for certain unpaid cost-recovery charges

111 Person liable to pay late payment fee

112 Agent’s liability to pay cost-recovery charge

Part 3—Compensation

113 Compensation for certain animals destroyed at a post-entry quarantine facility

114 Division of compensation between owners

115 Amount of compensation

Part 4—Managing biosecurity risks: Torres Strait

116 References to geographical coordinates

117 Permanent biosecurity monitoring zones

118 Exemptions from the Act—goods or aircraft or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory

119 Exemptions for Torres Strait treaty

120 Protected zone area

TOC

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Biosecurity Regulation 2016