Biosecurity Act 2015

The regulations may prescribe a scheme providing for the following:

the meaning of sanitation health risk;

determining the level of sanitation health risk associated with a vessel;

the circumstances in which the level of sanitation health risk associated with a vessel is unacceptable;

certificates (to be called ship sanitation certificates) to be issued in relation to the level of sanitation health risk associated with a vessel;

recognising such certificates issued by, or on behalf of, competent authorities;

the circumstances in which a vessel in a port declared under section 256 may, at the request of the operator of the vessel, be inspected for the purposes of the scheme;

measures that the operator of a vessel may take to manage sanitation health risks associated with the vessel for the purposes of certification under the scheme;

the circumstances in which section 257 (assessing and managing sanitation health risks) applies to a vessel in a port in Australian territory;

without limiting Division 3 of Part 2 of Chapter 11, disclosing information obtained under the scheme to any of the following:

a Commonwealth body;

a State or Territory body;

a biosecurity industry participant;

a competent authority;

classes of vessels to which the scheme does not apply.

The regulations may prescribe decisions made under the scheme that are reviewable decisions (see subsection 574(2)).

Without limiting subsection (1), the scheme may provide for the following matters in relation to the certificates referred to in paragraphs (1)(d) and (e):

extending the period for which a certificate remains in force;

who may issue or extend a certificate;

the form and content of a certificate;

making notes on a certificate.

The scheme must be appropriate and adapted to give effect to Australia’s rights and obligations in relation to ship sanitation under the International Health Regulations.