Biosecurity Act 2023

This Act is the Biosecurity Act 2023.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, negligent, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this Act are—

to manage biosecurity risks arising from—

biosecurity matter; and

dealings with biosecurity matter or carriers; and

other activities involving biosecurity matter or carriers; and

to promote biosecurity as a shared responsibility between government, industry and the community; and

to provide a flexible and responsive framework for the effective management of pests, diseases, contaminants and other biosecurity matter that may have an adverse effect on the environment, the economy or the community; and

to provide a framework for risk‑based decision‑making in relation to biosecurity; and

to give effect to intergovernmental biosecurity agreements to which the Territory is a party; and

to facilitate trade by ensuring that biosecurity requirements in other jurisdictions are met.

This Act does not apply to the exercise or purported exercise of a function by—

a relevant person under the Emergencies Act 2004, for the purpose of protecting life, property or the environment; or

a police officer, for the purpose of protecting life or property.

In this section:

emergency controller—see the Emergencies Act 2004, dictionary.

member, of an emergency service—see the Emergencies Act 2004, dictionary.

relevant person means—

an emergency controller; or

a member of an emergency service; or

any other person under the control of—

an emergency controller; or

the chief officer (ambulance service); or

the chief officer (fire and rescue service); or

the chief officer (rural fire service); or

the chief officer (SES); or

a police officer.

Division 1.2 Important concepts

In this Act:

biosecurity matter means any of the following:

an animal, plant or other living thing, including an animal product, plant product or product of another living thing;

a disease agent that can cause disease in—

an animal, plant or other living thing; or

a human by way of transmission from a non‑human host;

a contaminant;

anything else prescribed by regulation.

A reference to particular biosecurity matter—

by a common name does not limit any reference to the biosecurity matter by its scientific name; and

if the biosecurity matter has a life cycle—includes a reference to all stages of the life cycle of the biosecurity matter.

In this section:

living thing—

includes part of a living thing; but

does not include a human.

In this Act:

carrier means anything (including a human) that has, or is capable of having, biosecurity matter on it, attached to it or contained in it.

Note A carrier does not include a human for certain provisions (see s 231).

In this Act:

deal, with biosecurity matter or a carrier—

means the following:

keep or manage the biosecurity matter or carrier;

have possession of the biosecurity matter or carrier;

produce, manufacture or supply the biosecurity matter or carrier;

import the biosecurity matter or carrier;

acquire the biosecurity matter or carrier;

buy or sell the biosecurity matter or carrier;

dispose of or destroy the biosecurity matter or carrier;

mark, brand, tag or attach a device or other identifier to the biosecurity matter or carrier to identify or trace the biosecurity matter or carrier;

move the biosecurity matter or carrier;

release the biosecurity matter or carrier from captivity into the environment;

use or treat the biosecurity matter or carrier for any purpose;

diagnose the biosecurity matter or carrier;

breed, propagate, grow, raise, feed, clone or culture the biosecurity matter or carrier;

experiment with the biosecurity matter or carrier;

display the biosecurity matter or carrier;

enter into an agreement or arrangement to deal, or for another person to deal, with the biosecurity matter or carrier;

cause or permit a dealing with the biosecurity matter or carrier;

anything else prescribed by regulation; but

does not include a circumstance prescribed by regulation.

In this Act:

pest—

means an animal or plant that has, or is likely to have, an adverse effect on the environment, the economy or the community, including by—

competing with other organisms for resources including food, water, nutrients, habitat or sunlight; or

destroying or damaging the habitat of other organisms; or

preying or feeding on other organisms; or

transmitting disease to other organisms; or

causing harm to other organisms because of toxicity or disturbance; or

reducing the productivity of any primary industry or the value of any primary produce; or

damaging infrastructure; or

reducing the amenity or aesthetic value of premises; or

harming or reducing biodiversity; or

doing anything else, or having any other effect, prescribed by regulation; and

includes a declared pest.

The Minister may declare an animal or a plant to be a pest (a declared pest).

A declaration is a notifiable instrument.

In this Act:

biosecurity impact means an adverse effect on the environment, the economy or the community that—

arises from, or has the potential to arise from, biosecurity matter or a carrier, or a dealing with biosecurity matter or a carrier; and

is related to at least 1 of the following:

the introduction, presence, spread or increase of a pest in any part of the ACT;

the introduction, presence, spread or increase of a disease or disease agent in any part of the ACT;

an animal, plant, animal product or plant product becoming contaminated;

any other thing or circumstance prescribed by regulation.

In this section:

contaminated, for an animal, plant, animal product or plant product, means the animal, plant or product contains a contaminant that makes it, or is likely to make it—

unfit or unsuitable for use in a commercial or other activity; or

a risk to human health or safety, or to the environment; or

unfit for export or other trade.

In this Act:

biosecurity risk means the risk of a biosecurity impact happening.