Biosecurity Act 2019

The Governor may make regulations for the purposes of this Act.

Without limiting the generality of subsection (1), the Governor may make regulations for, or in respect of, the following:any matter relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact; the testing, analysis, vaccination, inoculation and other treatment of any biosecurity matter or carrier (other than a human), including, but not limited to – the accreditation, registration or other authorisation of any person or entity to carry out the testing, analysis, vaccination, inoculation or other treatment; and the use, manufacture, testing, distribution, storage, display or supply of any substance or equipment used for the testing, analysis, vaccination, inoculation or other treatment; the classification and identification of any premises, biosecurity matter, carrier or other thing; the marking, branding, tracing or other means of recording the location, movement and status of any biosecurity matter or class of biosecurity matter whether on a voluntary or mandatory basis; the establishment and administration of any register of persons, entities, premises, biosecurity matter, carriers, dealings or any other matter or other thing for the purposes of this Act; the qualifications, functions, identification or other matter in respect of officers, auditors or other persons who may perform a function under this Act, including the issuing of identification for that person under this Act; the publication or provision of information contained in any register established or administered under this Act; the destruction and disposal of any biosecurity matter, carrier or other thing seized by an authorised officer under this Act; any matter in respect of animal feed and fodder including, but not limited to – the amount or proportion of any specified ingredient or other thing that may be added to or contained in animal feed or fodder; and the use, manufacture, testing, distribution, storage, display or supply of animal feed or fodder; the provision and performance of additional functions of authorised officers and other specified persons; evidentiary presumptions in respect of any biosecurity matter, carrier, dealing, biosecurity risk, biosecurity impact or other matter or other thing to which this Act relates; the calculation, imposition and collection of levies, fees and charges, and the allocation of any proceeds from the collection of such levies, fees and charges, including, but not limited to – fees and charges for the provision of information, or for the carrying out of any inspection, analysis or other function under this Act (whether or not the inspection, analysis or function was requested or agreed to); and fees and charges in respect of applications made under this Act; and levies to fund the establishment or operation of any entity, facility, program or activity for any purpose under this Act; the payment of levies, fees and charges, payable under this Act, other than into the Public Account in specified circumstances; the provision or publication of the reasons for a decision, made under this Act, in specified circumstances; all other matters that are required, permitted, or necessary, to be prescribed or made by regulation under this Act.

Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance as is specified in the regulations.

Without limiting the generality of this section, the regulations may provide that any one or more of the following is authorised for the purposes of Part IV of the Competition and Consumer Act 2010 of the Commonwealth:a dealing or class of dealing; a biosecurity matter or carrier, or class of biosecurity matter or carriers; any other act or thing, or kind of act or thing.

The regulations may – provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

The regulations may – authorise any matter to be determined, applied or regulated by a person or entity specified in the regulations; and confer a power or impose a duty on a specified person, entity or class of persons.

The regulations may adopt or incorporate the whole or part of any standard, rule, code, specification, guidelines, program, scheme or plan, as amended from time to time, with or without modification, issued, prescribed, made or published by any person or entity (including the Crown) before or after the regulations take effect.

The regulations may exempt a person, class of persons, matter or other thing from the operation of this Act or any specified provision of this Act or the regulations including, but not limited to, an exemption from any fee, charge or levy payable under this Act.

The regulations may rescind regulations or other subordinate legislation made under – any Act repealed under this Act; or any other Act prescribed by the regulations.