This Act may be cited as the Biosecurity Act 2015.
s 2Commencement
(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This table relates only to the provisions of this Act as originally enacted.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.
s 3Simplified 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.
s 4Objects 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).
s 5Appropriate 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)).
s 6Act 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.
s 7Extension 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).
s 8Concurrent 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.
s 10Meaning 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)).
s 11Meaning 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.
s 12Meaning 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.
s 13Meaning 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.
