Biosecurity Act 2014

section 13 acceptable biosecurity certificate means a certificate that is an acceptable biosecurity certificate under section 413(2)(a), (b) or (c).accepted representations, for a show cause notice—

for chapter 14, part 3, division 3—see section 405(2); or

for chapter 17, part 3—see section 485(2).

accreditation means accreditation under chapter 15.accreditation conditions see section 430(1).accredited certifier means a person who—

holds accreditation under chapter 15 to give biosecurity certificates; or

holds accreditation under an approved biosecurity accreditation scheme to give biosecurity certificates.

sch 2 def accredited certifier sub 2017 No. 7 s 115(1)–(2)action includes stopping an action.administering executive means—

for a person appointed as a designated officer by the chief executive—the chief executive; or

for a person appointed as an authorised person or a barrier fence employee by a chief executive officer—the chief executive officer; or

for a person appointed as an authorised person or a barrier fence employee by 2 or more chief executive officers—the chief executive officers jointly; or

for a person appointed as an authorised person or a barrier fence employee by an invasive animal board—the chairperson of the board.

administrator, for a relevant entity, see section 310(4).adopted provisions, of a code of practice, see section 106(1)(a).aggravated offence see section 27(1).agricultural activities include—

cultivating soil; and

broadcasting seed to establish an improved pasture; and

planting, gathering or harvesting a crop, including a food or fibre crop; and

growing non-indigenous grasses, legumes or forage cultivars; and

horticulture or viticulture activities.

agricultural show means any show or exhibition event of limited duration, not including an event that is or is in the nature of a travelling circus or zoo, that includes the exhibition of designated animals, including, for example, in sporting events or show ring events.

Examples—camp drafting school, horse racing, pony club, rodeo schoolanimal means any member of the animal kingdom (other than a human), whether alive or dead, and includes—

a live pre-natal or pre-hatched creature; and

the whole or any part of an embryo, or the eggs, ovum, semen or other genetic or reproductive material, of an animal; and

the whole or any part of the progeny, larvae or pupae of an animal.

animal husbandry activities include—

breeding, keeping, raising or caring for animals, for commercial purposes; and

establishing and operating a dairy, feedlot, piggery or animal saleyard; and

grazing animals; and

aquaculture; and

beekeeping; and

poultry farming of more than 500 birds; and

testing and inoculation of animals, including using diagnostic agents, serums and vaccines.

animal material...sch 2 def animal material om 2015 No. 15 s 57(1)animal matter...sch 2 def animal matter om 2015 No. 15 s 57(1)applicant, for chapter 11, part 4, see 349(1).approval, in relation to an auditor, means an approval issued under chapter 16.approval conditions see section 435H (2) and (3).sch 2 def approval conditions ins 2017 No. 7 s 115(2)approved biosecurity accreditation scheme, for chapter 15, see section 411.sch 2 def approved biosecurity accreditation scheme ins 2017 No. 7 s 115(2)approved device see section 174.approved device requirement means section 179(2).approved form means a form approved by the chief executive under section 502.approved operator, for an approved biosecurity accreditation scheme, for chapter 15, see section 411.sch 2 def approved operator ins 2017 No. 7 s 115(2)AS 5008 means the Australian Standard for the hygienic rendering of animal products as in force from time to time under that designation (regardless of the edition or year of publication of the standard).sch 2 def AS 5008 ins 2016 No. 28 s 70(2)audit means an audit conducted under chapter 16.auditor means a person approved as an auditor under chapter 16.auditor’s approval means an approval as an auditor obtained under chapter 16.authorised officer means an authorised person or an inspector.authorised person means a person who holds office as an authorised person under chapter 10, part 1.authorised transport officer, for chapter 6, means a person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM, chapter 3, part 2 and who also holds appointment under chapter 10, part 1, division 3 as an authorised person under this Act.barrier fence see section 89(1).barrier fence employee see section 100(3).barrier fence map see section 91(1).barrier fence part see section 89(2).bee means—

a honey bee (Apis mellifera); or

another genus or species declared under a regulation to be a bee under this Act.

biosecurity accreditation scheme, for chapter 15, see section 435A.sch 2 def biosecurity accreditation scheme ins 2017 No. 7 s 115(2)biosecurity accreditation system, of an approved operator of, or an applicant for approval to operate, an approved biosecurity accreditation scheme, for chapter 15, see section 411.sch 2 def biosecurity accreditation system ins 2017 No. 7 s 115(2)biosecurity certificate see section 412.biosecurity circumstance see section 142.biosecurity consideration see section 5(a).biosecurity emergency means a biosecurity emergency as provided for in a biosecurity emergency order.biosecurity emergency area, for a biosecurity emergency order, see section 114(1)(b).biosecurity emergency checkpoints see section 114(3)(a).biosecurity emergency order see section 113(1).biosecurity emergency order permit see section 121(2).biosecurity emergency provisions means the provisions of chapter 6.biosecurity event see section 14.biosecurity instrument, for chapter 6, part 4, see section 131.biosecurity instrument permit see section 132(2).biosecurity matter see section 15.biosecurity order see section 373(1).biosecurity plan means a biosecurity plan made by a local government under chapter 3, part 2.biosecurity program see section 232.biosecurity register see section 168.biosecurity response see section 338.biosecurity risk see section 16.biosecurity risk matter see section 396(2)(b).biosecurity risk notice see section 160(2).sch 2 def biosecurity risk notice ins 2016 No. 28 s 70(2)biosecurity risk status details...sch 2 def biosecurity risk status details om 2016 No. 28 s 70(1)biosecurity zone means an area identified as a biosecurity zone under biosecurity zone regulatory provisions.biosecurity zone map see section 130A.sch 2 def biosecurity zone map ins 2020 No. 3 s 43(1)biosecurity zone regulatory provisions see section 128(1).building authority, for a barrier fence part, see section 90.captive bird means a bird in captivity, whether wild by nature or bred in captivity and whether native to Queensland, migratory or introduced.sch 2 def captive bird amd 2016 No. 28 s 70(3)carrier see section 17.cat includes a Bengal cat (Prionailurus bengalensis x Felis catus).change notice see section 170.check audit, of the business of the other party to a compliance agreement, an accredited certifier’s activities as an accredited certifier or an approved operator’s operation of an approved biosecurity accreditation scheme, means an audit conducted by an appropriately qualified person—

who is an employee of the department; or

decided by the chief executive.

sch 2 def check audit amd 2017 No. 7 s 115(3)chief executive officer means the chief executive officer of a local government.chief health officer means the chief health officer under the Hospital and Health Boards Act 2011, section 52.City of Brisbane Act means the City of Brisbane Act 2010.code of practice means a code of practice made under a regulation under chapter 5, part 1.compensation scheme see section 342(1).compliance agreement see section 393(1).compliance audit means an audit by an auditor to ensure—

for an audit of the business of the other party to a compliance agreement—the carrying on of the business complies with the compliance agreement; or

for an audit of an accredited certifier’s activities as an accredited certifier—the carrying out of the activities complies with the accreditation; or

for an audit of an approved operator’s operation of an approved biosecurity accreditation scheme—the operations comply with—

the approval conditions; and

the scheme.

sch 2 def compliance audit sub 2017 No. 7 s 115(1)–(2)compliance certificate see section 394.contact details, of a person, means the person’s telephone number or facsimile number.contaminant see section 18.controlled biosecurity matter, for a movement control order, see section 124(1).convey, in relation to an animal, means carry or otherwise transport the animal in or on a vehicle.corresponding law, to this Act or to a provision of this Act, means a law of the Commonwealth or another State that corresponds, or substantially corresponds, to this Act or to the provision.cost recovery order see section 382(2).court—

generally—means a Magistrates Court; and

for sections 313, 314, 319, 358 and 360—includes the Supreme Court and the District Court.

damage includes injure.deal with—

1 Deal with, biosecurity matter or a carrier, includes any of the following—

keep or possess, whether intentionally or otherwise, the biosecurity matter or carrier;

conduct experiments with the biosecurity matter or carrier;

produce or manufacture the biosecurity matter or carrier;

breed the biosecurity matter or carrier;

propagate the biosecurity matter or carrier;

use the biosecurity matter or carrier in the course of manufacturing a thing that is not the biosecurity matter or carrier;

grow, raise, feed or culture the biosecurity matter or carrier;

distribute the biosecurity matter or carrier;

import the biosecurity matter or carrier;

transport the biosecurity matter or carrier;

dispose of the biosecurity matter or carrier;

buy, supply or use the biosecurity matter or carrier for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (k).

2 A person who holds a mortgage or other security interest in biosecurity matter or a carrier does not deal with the biosecurity matter or carrier only because the person takes a step to enforce the mortgage or other security.

designated animal see section 134.designated animal transit facility...sch 2 def designated animal transit facility om 2015 No. 15 s 57(1)designated biosecurity matter see section 136.designated bird see section 135A.sch 2 def designated bird ins 2016 No. 28 s 70(2)designated details, for a registrable biosecurity entity, see section 148(1)(c).designated officer means an authorised person, an inspector or a barrier fence employee.designated place see section 148(1)(c)(i).detection animal means an animal trained to detect the presence of a type of biosecurity matter.director, of an invasive animal board, means a person appointed as a director under section 70(1).disease means—

the presence of a pathogenic agent in a host; orExamples—avian influenza, black Sigatoka, infection with Perkinsus marinus

the clinical manifestation of infection; or

a syndrome.

disposal order see section 319(2).document certification requirement see section 323(6).document production requirement see section 323(2).domestic, in relation to a cat or dog, means a cat or dog that is owned by a person.drive, in relation to an animal, means cause or allow the animal to travel by foot.drover means a person who drives an animal.electronic document...sch 2 def electronic document om 2023 No. 23 s 247 sch 1 s 1emergency prohibited matter declaration see section 31(1).environment includes the following—

ecosystems and their constituent parts;

natural and physical resources;

the qualities and characteristics of locations, places and areas;

the social, economic, aesthetic and cultural conditions affecting the matters in paragraph (a), (b) or (c) or affected by those matters.

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.external review, for a decision, means a review of the decision by QCAT under the QCAT Act.feral, in relation to an animal that is a deer, goat or pig—

1 A feral animal is an animal that—

is living in a wild state; and

is not being farmed or kept for any other purpose.

2 For paragraph 1(b), an animal is being farmed or kept for another purpose only if it is kept in an escape-proof enclosure, cage or other structure.

fit, to an animal, see section 175.former owner, of a thing, see section 312(2).fund see section 56.general biosecurity obligation see section 23.general biosecurity obligation offence provision means section 24.general power see section 296(1).government and industry agreement see section 391(1).government entity see the Government Owned Corporations Act 1993, section 4.guideline means a guideline made by the chief executive under chapter 5, part 2.help requirement see section 297(1).HIN see section 158(1).hive means a receptacle for housing living bees that contains moveable frames in which the combs are built, and which may be separately and readily removed from the receptacle for examination.hold, designated biosecurity matter, see section 140.holding facility means a place where 1 or more types of designated animal are regularly or periodically congregated on a temporary basis, including, for example, any of the following—

a local government reserve or commonage;

a pound;

an animal refuge;

a saleyard;

a meat processing facility;

a live export holding;

a showground for designated animals;

a sporting ground for designated animals;

a stock route.

sch 2 def holding facility amd 2015 No. 15 s 57(3)–(4)ICA scheme, for chapter 15, see section 411.ICA system, for chapter 15, see section 411.identity card, for a provision about a designated officer, means an identity card issued under section 329(1).information notice, for a decision, means a notice stating each of the following—

the decision and the reasons for it;

the rights of review and appeal under this Act;

the period in which any review or appeal under this Act must be started;

how rights of review and appeal under this Act are to be exercised;

that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

information requirement see section 326(3).inspector means a person who holds office under chapter 10, part 1 as an inspector.intergovernmental agreement see section 390.internal review application see section 362.internal review decision see section 365(1)(b).invasive animal—

means a species of animal that has, or is likely to have, an adverse impact on a biosecurity consideration because of the introduction, spread or increase in population size of the species in an area; and

includes a species of animal that is prohibited matter or restricted matter.

invasive animal board see section 62(1).invasive biosecurity matter, for a local government area, see section 48(1).invasive plant—

means a plant species that has, or is likely to have, an adverse impact on a biosecurity consideration because of the introduction, spread or increase in population size of the species in an area; and

includes a plant species that is prohibited matter or restricted matter.

investigation and enforcement provisions means chapter 10.issuing authority, for a document, order or other thing given to a person, means—

if the thing is given by the chief executive or a person for the chief executive—the chief executive; or

if the thing is given by a person for a local government—the local government; or

if the thing is given by a person for an invasive animal board—the invasive animal board.

keep, a designated animal, see section 139.land—

1 Land includes—

land that is, or is at any time, covered by Queensland waters; and

water in, on and above land; and

the airspace above the surface of land; and

the subsoil of land.

2 Land, of an owner, includes—

unfenced land, including unfenced land comprising part of a road or stock route that adjoins or is within the owner’s land; and

other land that is fenced in with the owner’s land; and

the bed, banks and water of a watercourse on the owner’s land.

Land Act means the Land Act 1994.Land Title Act means the Land Title Act 1994.live export holding means—

a depot for the live export of designated animals; or

an embarkation point for the export of live designated animals.

Local Government Act means the Local Government Act 2009.local government compliance notice see section 50(2).loss, of property, means a total, or effectively a total, loss of the property because it is destroyed.lot means a lot under the Land Act or Land Title Act.M+I means moisture plus insoluble impurities, as measured by the American Oil Chemists’ Society’s official methods in its document called ‘Official Methods and Recommended Practices of the AOCS, 6th Edition’.meat processing facility means an abattoir or other facility at which designated animals are killed for meat for trade or commerce.movement control order see section 124(1).movement record see section 194(2)(a).movement record requirement means section 194.natural environment means the environment, but having particular regard to ecosystems and their constituent parts and natural and physical resources.natural resource management body means a body having an interest in managing biosecurity risks.

Examples—Condamine Alliance, Burnett Mary Regional Groupneighbouring place, to another place, means a place some or all of which is within 20km of the other place.NLIS means the system known as the ‘national livestock identification system’, agreed to by the Commonwealth and the States under a resolution of the Primary Industries Ministerial Council of 2 October 2003.NLIS administrator see section 144.nonconformance audit means an audit by an auditor to check that any noncompliance with the following, identified in an audit, has been remedied—

for an audit of the business of the other party to a compliance agreement—the compliance agreement;

for an audit of an accredited certifier’s activities as an accredited certifier—the accreditation;

for an audit of an approved operator’s operation of an approved biosecurity accreditation scheme—

the approval conditions; and

the scheme.

sch 2 def nonconformance audit sub 2017 No. 7 s 115(1)–(2)notice means a written notice.notional reduction in value, of property, see section 341.notional value, of property, see section 341.obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.occupier, of a place—

1 For chapter 7, see section 143.

2 Otherwise, occupier includes the following—

if there is more than 1 person who apparently occupies the place—any 1 of the persons;

any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at or on the place.offence warning, for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.operational area, of an invasive animal board, see section 62(3).operational procedures, for chapter 15, see section 411.sch 2 def operational procedures ins 2017 No. 7 s 115(2)original decision see section 364(1).other party, to a compliance agreement, see section 393(1)(b).owner, of a biosecurity accreditation scheme, for chapter 15, see section 411.sch 2 def owner, of a biosecurity accreditation scheme, ins 2017 No. 7 s 115(2)owner—

1 The owner of a thing, other than a cat or dog, that has been seized under this Act includes a person who would be entitled to possession of the thing, other than a cat or dog, had it not been seized.

2 The owner of a place is—

if the place is freehold land—the person who under the Land Title Act is its registered owner; or

if the place is the subject of a lease under the Land Act—the person who, under the Land Act, is registered as the lessee of the place; or

otherwise—the entity having responsibility for the care and control of the place.

3 The owner of a cat or dog is the person who is, under the Animal Management (Cats and Dogs) Act 2008, the owner of the cat or dog.

sch 2 def owner amd 2020 No. 3 s 43(2)–(3)permit document, in relation to a prohibited matter permit or restricted matter permit, means the document evidencing the permit, given to the holder of the permit by the chief executive.permit plan, for prohibited matter or restricted matter, see section 213.personal details requirement see section 321(5).person in control—

of a vehicle, includes—

the vehicle’s driver or rider; and

anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

PIC see section 151(2).place includes the following—

premises;

vacant land;

a place in Queensland waters;

a place held under more than 1 title or by more than 1 owner;

the land or water where a building or structure, or a group of buildings or structures, is situated.

place of origin, for chapter 7, part 3, division 2, see section 179(1)(b).plant includes the following—

the whole or part of a flower, shrub, tree, vegetable, vine or other vegetation;

the whole or part of the fruit or nut of a shrub, tree or vine;

the whole or part of the reproductive material of a flower, shrub, tree, vegetable, vine or other vegetation or its seeds;

any material, whether alive or dead, used for the propagation of a flower, shrub, tree, vegetable, vine or other vegetation.

police service means the Queensland Police Service.possess, a thing, means—

have custody of the thing; or

have control of it at any place, whether or not someone else has custody of it.

poultry means—

birds of the order Galliformes (including, for example, chickens, turkeys, pheasants, partridge, quail, guineafowl, peafowl), ducks, geese, pigeons and doves; or

any other bird prescribed by regulation.

sch 2 def poultry ins 2015 No. 15 s 57(2)premises includes—

a building or other structure; and

a part of a building or other structure; and

a caravan or vehicle; and

a cave or tent; and

premises held under more than 1 title or by more than 1 owner.

prescribed designated animal see section 134(b).prescribed information, for chapter 7, part 3, division 3, see section 183.prevention and control program see section 234.program authorisation see section 235(1).prohibited feed for pigs and poultry see section 45A.sch 2 def prohibited feed for pigs and poultry ins 2016 No. 28 s 70(2)prohibited matter see section 19(1).sch 2 def prohibited matter sub 2024 No. 17 s 119(1)–(2)prohibited matter permit see section 209.prohibited matter regulation...sch 2 def prohibited matter regulation om 2024 No. 17 s 119(1)property, for chapter 11, see section 340.proposed action—

for chapter 14, part 3, division 3—see section 404(3)(a); or

for chapter 17, part 3—see section 484(1).

public office, of a local government, means the local government’s public office under the Local Government Act.public place means—

a place, or part of the place—

the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; orExamples of a place that may be a public place under subparagraph (i)—a beach, a park, a road

the occupier of which allows, whether or not on payment of money, members of the public to enter; orExamples of a place that may be a public place under subparagraph (ii)—a saleyard, a showground, a stock route

a place that is a public place under another Act.

rates means rates within the meaning of—

for a local government other than the Brisbane City Council—the Local Government Act; or

for the Brisbane City Council—the City of Brisbane Act.

reasonably believes means believes on grounds that are reasonable in the circumstances.reasonably suspects means suspects on grounds that are reasonable in the circumstances.receiver, of a special designated animal, see section 185(a).recipient, of a biosecurity order, see section 373(1).registered biosecurity entity means an entity that, as a registrable biosecurity entity, has obtained registration under chapter 7, part 2.registrable biosecurity entity see section 141.registration details see section 169(1).registration exemption, for a registrable biosecurity entity, see section 146(1).regulated biosecurity matter, for biosecurity zone regulatory provisions, see section 128(1)(a).relevant accreditation offence see section 411.relevant authority, for chapter 17, see section 478.relevant biosecurity offence means—

an offence against this Act or a repealed Act; or

an offence against a law that is a corresponding law to a provision of this Act.

relevant entity, for a seized thing, see section 310(5).rendering...sch 2 def rendering om 2015 No. 15 s 57(1)repealed Act—

1 For schedule 1, part 3—see schedule 3, section 76.

2 Otherwise, repealed Act is—

the repealed Agricultural Standards Act 1994; or

the repealed Apiaries Act 1982; or

the repealed Diseases in Timber Act 1975; or

the repealed Exotic Diseases in Animals Act 1981; or

the repealed Plant Protection Act 1989; or

the repealed Stock Act 1915.

sch 2 def repealed Act amd 2024 No. 17 s 119(3)reporting requirement, for chapter 7, part 3, division 3, see section 183.residence means a premises or a part of premises that is a residence within the meaning of section 259(2) and (3).restricted agricultural show, for chapter 7, part 3, division 3, see section 183.restricted animal means a designated animal declared to be a restricted animal under section 162A.sch 2 def restricted animal ins 2016 No. 28 s 70(2)restricted animal material see section 45B.sch 2 def restricted animal material ins 2016 No. 28 s 70(2)restricted animal material for pigs or poultry...sch 2 def restricted animal material for pigs or poultry ins 2015 No. 15 s 57

om 2016 No. 28 s 70(1)restricted animal material for ruminants...sch 2 def restricted animal material for ruminants ins 2015 No. 15 s 57

om 2016 No. 28 s 70(1)restricted biosecurity matter means designated biosecurity matter declared to be restricted biosecurity matter under section 162C.sch 2 def restricted biosecurity matter ins 2016 No. 28 s 70(2)restricted place notice...sch 2 def restricted place notice om 2016 No. 28 s 70(1)restricted matter see section 21(1).sch 2 def restricted matter sub 2024 No. 17 s 119(1)–(2)restricted matter permit see section 210.restricted matter regulation...sch 2 def restricted matter regulation om 2024 No. 17 s 119(1)restricted place means a place declared to be a restricted place under chapter 7, part 2.review notice day see section 366(2)(a)(i).RFID number, for a microchip, means the number of the microchip.saleyard means any yard, premises or place where designated animals are—

sold or offered or exhibited for sale by public auction or tender; or

held or kept for the purpose of being sold or offered or exhibited for sale by public auction or tender; or

held or kept on being sold by public auction or tender.

scheme compensation see section 342(2).show cause notice—

for chapter 14, part 3, division 3—see section 404(2); or

for chapter 17, part 3—see section 484(1).

show cause period—

for chapter 14, part 3, division 3—see section 404(3)(e); or

for chapter 17, part 3—see section 484(2)(f).

special designated animal see section 135.spent conviction...sch 2 def spent conviction om 2023 No. 23 s 247 sch 1 s 4statutory compensation see section 345(1).stock route see the Stock Route Management Act 2002, schedule 3.suitable approved device see section 177.supply includes supply by sale, exchange or gift.surveillance program see section 233.syndrome means a symptom, condition, disorder or other thing described by clinical signs, if the cause is unknown.tallow...sch 2 def tallow amd 2015 No. 15 s 57

om 2016 No. 28 s 70(1)third party, for chapter 13, part 1, division 3, see section 382(1).threshold amount, of designated biosecurity matter, see section 138.threshold number, of designated animals, see section 137.TORUM means the Transport Operations (Road Use Management) Act 1995.travel approval see section 180(d).sch 2 def travel approval amd 2020 No. 3 s 43(4)vehicle—

1 For chapter 6, part 1, other than section 119, vehicle means a vehicle under TORUM.

2 For chapter 10, vehicle means—

a vehicle under TORUM; and

includes a vessel under that Act.

3 Otherwise, vehicle means—

an aircraft, including a helicopter; or

any of the following under TORUM—

a train;

a tram;

a vehicle;

a vessel.

waste see the Waste Reduction and Recycling Act 2011, section 8AA.sch 2 def waste amd 2023 No. 15 s 25 sch 1 pt 1