s 1Short title
This Act may be cited as the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015.
This Act may be cited as the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015.
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 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 16 June 2015 |
2. Schedules 1 and 2 | At the same time as section 3 of the Biosecurity Act 2015 commences. | 16 June 2016 |
3. Schedule 3 | The day this Act receives the Royal Assent. | 16 June 2015 |
4. Schedule 4 | At the same time as section 3 of the Biosecurity Act 2015 commences. | 16 June 2016 |
This table relates only to the provisions of this Act as originally enacted.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.
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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Repeals
Quarantine Act 1908
1 The whole of the Act
Repeal the Act.
Quarantine Charges (Collection) Act 2014
2 The whole of the Act
Repeal the Act.
Schedule 2—Consequential amendments
Archives Act 1983
1 Subsection 3(1) (paragraph (a) of the definition of Commission of inquiry)
After “1908”, insert “(as in force immediately before its repeal)”.
2 Paragraph 22(5)(b)
Repeal the paragraph, substitute:
the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and
Australian Postal Corporation Act 1989
3 Section 90E (paragraph (b) of the definition of compliance agency)
Repeal the paragraph, substitute:
the Agriculture Department (within the meaning of the Biosecurity Act 2015);
Biological Control Act 1984
4 Paragraph 5(2)(a)
Repeal the paragraph, substitute:
the Biosecurity Act 2015; or
Customs Act 1901
5 Subsection 4(1) (definition of AQIS)
Repeal the definition.
6 Paragraph 5A(5)(a)
Omit “matters of quarantine”, substitute “biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
7 Paragraph 5A(5)(b)
Omit “for quarantine purposes”, substitute “for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
8 Paragraph 5B(5)(a)
Omit “matters of quarantine”, substitute “biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
9 Paragraph 5B(5)(b)
Omit “for quarantine purposes”, substitute “for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
Customs Administration Act 1985
10 After paragraph 16(9)(h)
Insert:
a purpose relating to matters covered by the Biosecurity Act 2015;
Environment Protection and Biodiversity Conservation Act 1999
11 Subsection 303EB(6)
Omit “in accordance with the Quarantine Act 1908”, substitute “not inconsistent with the Biosecurity Act 2015”.
12 Subsection 303EB(11A)
Repeal the subsection, substitute:
Part 2 of the list is taken to include a live plant that is a CITES specimen the introduction of which into Australia is not inconsistent with the Biosecurity Act 2015.
13 Paragraph 303GV(1)(b)
Repeal the paragraph, substitute:
the Biosecurity Act 2015;
14 Subsection 303GV(3)
Omit “Quarantine Act 1908”, substitute “Biosecurity Act 2015”.
15 Paragraph 303GW(5)(a)
Omit “Director of Animal and Plant Quarantine”, substitute “Director of Biosecurity”.
16 Subsection 303GW(6)
Omit “Quarantine Act 1908”, substitute “Biosecurity Act 2015”.
17 Subsection 303GW(6)
Before “subject to quarantine”, insert “subject to biosecurity control under the Biosecurity Act 2015 or”.
18 Paragraphs 397(3)(c) and (d)
Repeal the paragraphs, substitute:
each biosecurity officer (within the meaning of the Biosecurity Act 2015).
19 Paragraph 524(3)(g)
Repeal the paragraph, substitute:
the Biosecurity Act 2015;
20 Section 528
Insert:
Director of Biosecurity has the same meaning as in the Biosecurity Act 2015.
21 Section 528 (definition of disease)
Repeal the definition.
Fisheries Management Act 1991
22 Paragraph 106D(1)(b)
Omit “safety, public health or quarantine”, substitute “safety or public health”.
23 After paragraph 106D(1)(b)
Insert:
the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or
Freedom of Information Act 1982
24 Subsection 4(1) (paragraph (a) of the definition of Commission of inquiry)
After “1908”, insert “(as in force immediately before its repeal)”.
25 Paragraph 13(3)(b)
Repeal the paragraph, substitute:
records of the Commission of inquiry (within the meaning of the Quarantine Act 1908, as in force immediately before its repeal) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 2015); and
Imported Food Control Act 1992
26 Paragraph 6(a)
Repeal the paragraph, substitute:
the Biosecurity Act 2015; or
Industry Research and Development Act 1986
27 Paragraph 28D(4)(b)
After “contravene”, insert “the Biosecurity Act 2015 or”.
Maritime Powers Act 2013
28 Paragraph 91(2)(c)
Omit “quarantine,”.
29 After paragraph 91(2)(c)
Insert:
the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or
Maritime Transport and Offshore Facilities Security Act 2003
30 Section 10
Insert:
biosecurity officer has the same meaning as in the Biosecurity Act 2015.
31 Section 10 (definition of quarantine officer)
Repeal the definition.
32 Paragraph 146(e)
Omit “quarantine officers”, substitute “biosecurity officers”.
33 Paragraph 147(1)(e)
Omit “quarantine officer”, substitute “biosecurity officer”.
Migration Act 1958
34 Subparagraph 488(2)(a)(iv)
After “relating to”, insert “biosecurity risks (within the meaning of the Biosecurity Act 2015),”.
35 Paragraph 488(2)(d)
Repeal the paragraph, substitute:
authorise a biosecurity officer (within the meaning of the Biosecurity Act 2015) to perform for the purposes of a law relating to biosecurity risks (within the meaning of that Act), or a law relating to quarantine or health, one or more of those actions; or
National Health Act 1953
36 Subsection 9B(10)
Omit “conferred on the Minister by the Quarantine Act 1908”, substitute “that may be exercised by the Minister under the Biosecurity Act 2015”.
National Health Security Act 2007
37 Subsection 3(1)
Insert:
Australian territory has the meaning given by section 12 of the Biosecurity Act 2015.
listed human disease has the meaning given by section 42 of the Biosecurity Act 2015.
38 Subsection 3(1) (paragraph (a) of the definition of public health event of national significance)
After “cases”, insert “or potential cases”.
39 At the end of section 8
Add:
; (e) preventing, or reducing the possibility of, a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory;
preventing a listed human disease from spreading to another country.
40 Division 6 of Part 2 (heading)
Repeal the heading, substitute:
Showing the first 3 of 5 provisions. See all provisions