Biosecurity Act 2025

The

Without limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5.

However, the Governor may only make a regulation imposing a levy of a kind referred to in Schedule 5 item 18 on the recommendation of the Minister.

The

A regulation made for the purposes of this Act may operate subject to prescribed conditions.

The regulations may adopt, wholly or partially and with or without modifications—

an instrument relating to matters in respect of which regulations may be made under this Act or otherwise relating to any aspect of biosecurity; or

an amendment to such an instrument.

The regulations adopting an instrument, or an amendment to an instrument, may contain such incidental, supplementary and transitional provisions as appear to be necessary.

The regulations, an instrument adopted by the regulations, or a designated instrument, may—

apply, adopt or incorporate, wholly or partially and with or without modification, a standard, rule, code, specification, program, procedure, guideline or other document prepared or published by a prescribed or specified body, either as in force at the time the regulations, instrument or designated instrument are made or as in force from time to time; and

be of general or limited application; and

make different provision according to the circumstances or entities to which they are expressed to apply; and

provide that any matter or thing may be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Executive, a Chief Officer, an authorised officer or any other specified body or person.

If a standard, rule, code, specification, program, procedure, guideline or other document is applied, adopted or incorporated as envisaged by subsection (8)(a)—

a copy of the standard, rule, code, specification, program, procedure, guideline or other document must be kept available for inspection by members of the public on the Department's website, or at the principal office of the Department (during normal office hours); and

in any legal proceedings, evidence of the contents of the standard, rule, code, specification, program, procedure, guideline or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the standard, rule, code, specification, program, procedure, guideline or other document.

Without limiting a preceding subsection, the regulations may—

provide for the effect of failing to comply with any requirement prescribed by the regulations, including by providing that any action taken in a manner inconsistent with any such requirement will not have effect under this Act; and

specify circumstances where a notice may be taken to have been given or served for the purposes of this Act.

The

In this section—

the

the

a

an authorised officer.