Biosecurity Act 2015

Goods that are subject to biosecurity control are released from biosecurity control if:

a biosecurity officer notifies or, before the goods became subject to biosecurity control, notified a person in charge of the goods, under section 163, that the goods are released from biosecurity control; or

a biosecurity industry participant, who is authorised to release the goods in accordance with an approved arrangement covering the biosecurity industry participant:

unless subparagraph (ii) applies, gives a written notice, or gave a written notice before the goods became subject to biosecurity control, to a person in charge of the goods releasing the goods from biosecurity control; or

if the biosecurity industry participant is, or will be, a person in charge of the goods—makes a written declaration, or made a written declaration before the goods became subject to biosecurity control, releasing the goods from biosecurity control; or

the goods are prescribed goods and the goods leave a designated biosecurity control release area at a first point of entry or an international mail centre; or

the goods are destroyed; or

the goods leave Australian territory.

This Division also applies in relation to exposed goods in relation to which an exposed goods order is in force. This section applies to those goods as if they were subject to biosecurity control (see subsection 161(1)).

If goods are released from biosecurity control under paragraph (1)(e) by leaving Australian territory on a conveyance that is on a journey between places in Australian territory, the goods become subject to biosecurity control again when the conveyance re‑enters Australian territory during that journey (see subsection 119(4)). See also subsection 161(3), which deals with exposed goods in relation to which an exposed goods order is in force.

A biosecurity officer may refuse to release goods from biosecurity control if the goods are withheld under section 600 because a cost‑recovery charge has not been paid (see subsection 600(4)).

To avoid doubt, if goods are released from biosecurity control under paragraph (1)(a) or (b) because of a notification, written notice given or written declaration made before the goods became subject to biosecurity control, they are released immediately after they became subject to biosecurity control.

The goods are therefore subject to biosecurity control for an instant. If a cost‑recovery charge is due and payable by the owner of the goods at that instant, section 598 creates a charge on the goods.

Neither of the following is a legislative instrument:

a notification that is given in writing under paragraph (1)(a);

a notice referred to in subparagraph (1)(b)(i) or a declaration referred to in subparagraph (1)(b)(ii).

The regulations may provide that a specified area at a first point of entry or an international mail centre is a designated biosecurity control release area for the purposes of paragraph (1)(c).