Biosecurity Amendment (2025 Measures No. 1) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  21 August 2025

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Julie Collins

Minister for Agriculture, Fisheries and Forestry

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Biosecurity Regulation 2016

1  Name

  This instrument is the Biosecurity Amendment (2025 Measures No. 1) Regulations 2025.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Biosecurity Act 2015.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Biosecurity Regulation 2016

1  Section 47 (heading)

Repeal the heading, substitute:

47  Pre‑arrival report under subsection 193(1) of the Act—aircraft

2  Subsection 47(1) (note 2)

Repeal the note, substitute:

Note 2: A report is not required to be given in certain circumstances (see subsection 50(1)).

3  Subsection 47(2) (heading)

Omit “—general”.

4  Subsection 47(3)

Repeal the subsection.

5  After section 47

Insert:

47A  Additional pre‑arrival report under subsection 193(1A) of the Act for aircraft on non‑scheduled flight

 (1) For the purposes of subsection 193(1A) of the Act, the operator of the aircraft must give another report under that subsection in relation to the aircraft in the circumstances covered by subsection (2) of this section.

Note: A report is not required to be given in certain circumstances (see subsection 50(2)).

 (2) For the purposes of paragraph 193(1A)(b) of the Act, the prescribed circumstances are that it is intended that the aircraft enter Australian territory on a non‑scheduled flight.

Information that must be included in other report

 (3) The information in relation to the aircraft that must be included in the other report is as follows:

 (a) information identifying the aircraft;

 (b) the intended first landing place of the aircraft in Australian territory;

 (c) the estimated day and time of arrival of the aircraft at the place referred to in paragraph (b);

 (d) the name and contact details of:

 (i) the operator of the aircraft; and

 (ii) if the operator is not the owner of the aircraft—the owner of the aircraft;

 (e) details about any animals or plants that are in the cabin of the aircraft at the time the report is given.

Manner in which other report must be given

 (4) The other report must be given orally or in writing (including electronically).

Note: The report must be in a form or forms approved by the Director of Biosecurity (see paragraph 193(2)(d) of the Act).

Person to whom other report must be given

 (5) The other report must be given to a biosecurity official.

 (6) If the other report is given using an electronic system, the other report is taken to have been given to a biosecurity official.

When other report must be given

 (7) The other report must be given prior to the aircraft commencing the flight from outside Australian territory.

6  Section 48 (heading)

After “Pre‑arrival report”, insert “under subsection 193(1) of the Act”.

7  Subsection 48(3) (not including the heading or the note)

Repeal the subsection, substitute:

 (3) The report must be given in writing (including electronically).

8  Section 49 (heading)

After “Pre‑arrival report”, insert “under subsection 193(1) of the Act”.

9  Section 50 (heading)

Omit “report”, substitute “reports”.

10  Subsection 50(1) (heading)

Repeal the heading, substitute:

Report under subsection 193(1) of the Act

11  Subsection 50(1)

Omit “on a scheduled flight is not required to give a report under section 193 of the Act”, substitute “is not required to give a report under subsection 193(1) of the Act”.

12  Subsection 50(1) (note)

Repeal the note.

13  Subsection 50(2) (heading)

Repeal the heading, substitute:

Report under subsection 193(1A) of the Act

14  Subsection 50(2)

Omit “a report under section 193 of the Act”, substitute “another report under subsection 193(1A) of the Act”.

15  Subsection 50(2) (note)

Repeal the note.

16  In the appropriate position in Chapter 10

Insert:

125  Amendments made by the Biosecurity Amendment (2025 Measures No. 1) Regulations 2025

 (1) The amendments of sections 47 and 48 made by Schedule 1 to the Biosecurity Amendment (2025 Measures No. 1) Regulations 2025 apply in relation to a report that is required to be given under subsection 193(1) of the Act on or after the commencement of that Schedule.

 (2) Section 47A, as inserted by Schedule 1 to the Biosecurity Amendment (2025 Measures No. 1) Regulations 2025, applies in relation to a non‑scheduled flight that is intended to commence on or after the commencement of that Schedule.