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Biosecurity Regulation 2016
In force
Administered by
Department of Agriculture, Fisheries and Forestry
This item is authorised by the following title:
Biosecurity Act 2015
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F2022C00856 (C08)
06 September 2022
-
19 December 2022
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Chapter 1—Preliminary
Part 1—Preliminary
1 Name
3 Authority
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
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Chapter 2—Managing biosecurity risks: goods
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Part 1—Notice of goods to be unloaded in Australian territory
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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
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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
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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
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Chapter 3—Managing biosecurity risks: conveyances
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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
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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
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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
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Chapter 5—Managing biosecurity risks: monitoring, control and response
78 Other biosecurity measures relating to goods or conveyances—export from Australian territory
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Chapter 6—Approved arrangements
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Part 1—Approval of proposed arrangement
79 Requirements for approving proposed arrangement
80 Transfer of approved arrangement
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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
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Part 3—Revocation of approved arrangement
83 Notice period for request to revoke approved arrangement
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Part 4—General provisions about applications
84 Applications to which this Part applies
85 Information to be included in applications
86 Dealing with applications
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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 given at a first point of entry
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Chapter 8—Governance and officials
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Part 1—Preliminary
89 Purpose of this Chapter
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Part 2—Annual review program
90 Annual review program
91 Variation of annual review program
92 When reviews are to be conducted
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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
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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
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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
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Chapter 9—Miscellaneous
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Part 1—Confidentiality of information
104 Use of protected information by intelligence agencies
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Part 2—Cost recovery
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Division 1—Fees
105 Meaning of consignment
106 Fees that may be charged in relation to fee bearing activities
106A Fee bearing activities carried out in special processing areas
107 When sections 106 and 106A do not apply
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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 certain cost recovery charges
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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
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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
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Chapter 10—Transitional matters
121 Amendments made by the Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021
122 Amendments made by the Biosecurity Amendment (Extension of Non prescribed Goods) Regulations 2022
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history