Biosecurity Act 2019

in relation to an accreditation authority, the approval of the person as an accreditation authority; and

in relation to a biosecurity auditor, the appointment of the person as a biosecurity auditor; and

in relation to a biosecurity certifier, the accreditation of the person as a biosecurity certifier;

in the case of an application relating to an accreditation authority, the Secretary; and

in the case of an application relating to a biosecurity auditor, an accreditation authority; and

in the case of an application relating to a biosecurity certifier, an accreditation authority.

An accreditation authority that is authorised to appoint biosecurity auditors under this Act is required to adopt a policy in relation to the appointment of biosecurity auditors for the purposes of this Act (an appointment policy).

An appointment policy may make provision for, or in respect of, the following matters:

the qualifications, skills, knowledge and experience required for a person to be appointed as a biosecurity auditor by the accreditation authority;

any other prescribed matters.

An appointment policy adopted by an accreditation authority (other than the Secretary) has no effect unless it, and any amendment to it, has been approved by the Secretary.

However, subclause (3) does not apply to an amendment to an appointment policy if the accreditation authority certifies that the amendment –

is minor in nature or for the purpose of correcting an error; or

is necessary to reflect a change of –

An accreditation authority is to make its appointment policy publicly available.

An accreditation authority may adopt different appointment policies for different types of –

biosecurity auditors; or

biosecurity audits to be performed by the biosecurity auditors.

A reference in this Act to an appointment policy is a reference to the appointment policy as adopted by the relevant accreditation authority, that is relevant to the appointment or type of appointment to which the reference relates.

An accreditation authority that is authorised to accredit biosecurity certifiers under this Act is required to adopt a policy in relation to the accreditation of biosecurity certifiers for the purpose of this Act (an accreditation policy).

An accreditation policy is to make provision for, or in respect of, the following matters:

the qualifications, skills, knowledge and experience required for a person to be granted accreditation as a biosecurity certifier by the accreditation authority;

any other prescribed matters.

A policy adopted under subclause (1) is not an accreditation policy, and has no effect, unless it, and any amendment to it, has been approved by the Secretary.

However, subclause (3) does not apply to an amendment to an accreditation policy if the relevant accreditation authority certifies that the amendment –

is minor in nature or for the purpose of correcting an error or updating a reference; or

is necessary to reflect a change of –

An accreditation authority is to make its accreditation policy publicly available.

An accreditation authority may adopt an accreditation policy for each different type of accreditation.

A reference in this Act to an accreditation policy is a reference to the accreditation policy, as adopted by the relevant accreditation authority, that is relevant to the accreditation to which the reference relates.

A person may apply to the relevant decision-maker for –

approval as an accreditation authority; or

appointment as a biosecurity auditor; or

accreditation as a biosecurity certifier.

An application under subclause (1) is to –

be in a form approved by the relevant decision-maker; and

include, or be accompanied by, any prescribed information or evidence; and

include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires to determine the application; and

be accompanied by the relevant application fee specified in subclause (3), if any.

The amount of the application fee is –

if the relevant decision-maker is the Secretary, the prescribed amount; or

in any other case, the amount required by the relevant decision-maker.

If an application is made to a relevant decision-maker other than the Secretary, all application fees in relation to that application are payable to, and are to be retained by, the relevant decision-maker.

On receipt of an application under clause 1, the relevant decision-maker may grant or refuse the application.

The relevant decision-maker must refuse an application under clause 1 in prescribed circumstances.

The relevant decision-maker may refuse an application under clause 1 –

if the application does not comply with any requirement imposed by or under this Act, including the payment of any relevant application fee; or

if the relevant decision-maker is of the opinion that the applicant –

on any prescribed grounds.

If the relevant decision-maker grants an application under this clause, the relevant decision-maker is to –

notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

issue the applicant with an identity card in an approved form; and

provide the applicant within the prescribed period with written confirmation of the decision and the reasons for the decision.

If the relevant decision-maker refuses to renew a relevant authorisation under this clause, the relevant decision-maker is to –

notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

provide the applicant within the prescribed period with written confirmation of the decision and the reasons for the decision; and

notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.

If the relevant decision-maker fails to give an applicant for approval notice of a decision to grant or refuse approval within the prescribed period, the relevant decision-maker is taken to have refused approval.

If an application for approval as an accreditation authority is granted under clause 2 –

the applicant is taken to be approved as an accreditation authority subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the approval of the applicant as an accreditation authority is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

If an application for appointment as a biosecurity auditor is granted under clause 2 –

the applicant is taken to be appointed as a biosecurity auditor subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the appointment of the applicant as a biosecurity auditor is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

If an application for accreditation as a biosecurity certifier is granted under clause 2 –

the applicant is taken to be a biosecurity certifier subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the accreditation of the applicant as a biosecurity certifier is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

A relevant decision-maker may vary, at any time, a person's –

approval as an accreditation authority; or

appointment as a biosecurity auditor; or

accreditation as a biosecurity certifier.

A variation under this clause includes the imposition of a new condition, the substitution of an existing condition, or the removal or amendment of an existing condition.

A variation of a relevant authorisation under this clause may be made –

on the relevant decision-maker’s own initiative; or

on the application of the holder of the relevant authorisation

The regulations may make further provision for a variation under this clause, including –

the form and procedure for an application for such a variation; and

any fee payable for an application for such a variation.

A person may apply to the relevant decision-maker for renewal of the person's relevant authorisation.

An application under subclause (1) is to –

be made at least 28 days before the expiry of the relevant authorisation to which it relates; and

be in a form approved by the relevant decision-maker; and

include, or be accompanied by, any prescribed information or evidence; and

include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires to determine the application; and

be accompanied by the relevant application fee specified in subclause (3), if any.

The amount of the application fee is –

if the relevant decision-maker is the Secretary, the prescribed amount; or

in any other case, the amount required by the relevant decision-maker.

If an application to renew a relevant authorisation is made to a relevant decision-maker other than the Secretary, all application fees in relation to that application are payable to, and are to be retained by, the relevant decision-maker.

If an application to renew a relevant authorisation is made to the relevant decision-maker under this clause before the expiry of the relevant authorisation held by the applicant and is not determined under clause 6 before its expiry, the applicant is taken to continue to hold the relevant authorisation until the relevant decision-maker notifies the applicant under clause 6 of a decision to grant or refuse the application, unless the relevant authorisation is sooner cancelled under this Act.

On receipt of an application under clause 5, the relevant decision-maker may grant or refuse the application to renew.

The relevant decision-maker must refuse an application under clause 5 in prescribed circumstances.

The relevant decision-maker may refuse an application under clause 5 –

if the application does not comply with any requirement imposed by or under this Act, including the payment of an application fee; or

if the relevant decision-maker is of the opinion that the applicant –

on any prescribed grounds.

If the relevant decision-maker renews a relevant authorisation under this clause, the relevant decision-maker is to –

notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

provide the applicant within the prescribed period with written confirmation of the decision and the reasons for the decision.

If the relevant decision-maker refuses to renew a relevant authorisation under this clause, the relevant decision-maker is to –

notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

provide the applicant within the prescribed period with written confirmation of the decision and the reasons for the decision; and

notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.

If an application for renewal as an accreditation authority is granted under clause 6 –

the applicant is taken to be approved as an accreditation authority subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the approval of the applicant as an accreditation authority is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

If an application for renewal as a biosecurity auditor is granted under clause 6 –

the applicant is taken to be appointed as a biosecurity auditor subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the appointment of the applicant as a biosecurity auditor is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

If an application for renewal as a biosecurity certifier is granted under clause 6 –

the applicant is taken to be a biosecurity certifier subject to any conditions specified in the written notice given by the relevant decision-maker under that clause in respect of the application; and

the accreditation of the applicant as a biosecurity certifier is taken to remain in force for a period (not exceeding 5 years) specified in the written notice given by the relevant decision-maker under that clause in respect of the application, unless sooner cancelled under this Act.

If the relevant decision-maker considers it necessary, the relevant decision-maker is to reissue the applicant with a new identity card, in an approved form, if the applicant's application for renewal is granted under clause 6.

Approval as an accreditation authority is subject to the following conditions:

any relevant prescribed conditions;

any conditions imposed by the Secretary on the approval.

The Secretary may impose conditions on an approval as an accreditation authority at any time.

The Secretary may impose a condition on an approval as an accreditation authority that requires the accreditation authority to perform the functions of an accreditation authority in accordance with all of, or any part of, a specified standard, code, guideline, protocol, program or other similar specification.

Appointment as a biosecurity auditor is subject to the following conditions:

any relevant prescribed conditions;

any conditions imposed by the relevant accreditation authority on the appointment.

An accreditation authority may impose conditions on an appointment as a biosecurity auditor at any time.

An accreditation authority may impose a condition on an appointment as a biosecurity auditor that requires the biosecurity auditor to perform the functions of a biosecurity auditor in accordance with all of, or any part of, a specified standard, code, guideline, protocol, program or other similar specification.

Accreditation as a biosecurity certifier is subject to the following conditions:

any relevant prescribed conditions;

any conditions imposed by the responsible accreditation authority on the accreditation.

The responsible accreditation authority may impose conditions on accreditation at any time.

The responsible accreditation authority may impose a condition on accreditation as a biosecurity certifier that requires the biosecurity certifier to perform the functions of a biosecurity certifier in accordance with all of, or any part of, a specified standard, code, guideline, protocol, program or other similar specification.

The responsible accreditation authority may impose a condition on accreditation as a biosecurity certifier that requires the biosecurity certifier to take out and maintain a policy of insurance that indemnifies the biosecurity certifier for any liability to which the biosecurity certifier may become subject as a result of performing, or purporting to perform, the functions of a biosecurity certifier.

Nothing in this clause limits the types of conditions that may be imposed on accreditation as a biosecurity certifier, unless that limit is expressly provided for under this Act.

An accreditation authority must comply with the conditions of his or her approval as an accreditation authority.

a body corporate, a fine not exceeding 2 500 penalty units; or

an individual, a fine not exceeding 500 penalty units.

A biosecurity auditor must comply with the conditions of his or her appointment as a biosecurity auditor.

a body corporate, a fine not exceeding 2 500 penalty units; or

an individual, a fine not exceeding 500 penalty units.

A biosecurity certifier must comply with the conditions of his or her accreditation as a biosecurity certifier.

a body corporate, a fine not exceeding 2 500 penalty units; or

an individual, a fine not exceeding 500 penalty units.

the relevant decision-maker is of the opinion that the holder of the relevant authorisation has contravened a requirement imposed by or under this Act or a corresponding law;

the relevant decision-maker is not satisfied that the holder of the relevant authorisation has the qualifications, skills, knowledge and experience to continue to hold the relevant authorisation;

the relevant decision-maker is satisfied, on reasonable grounds, that the holder of the relevant authorisation is not a suitable person to hold the relevant authorisation;

the relevant decision-maker receives information about the holder of the relevant authorisation and the relevant decision-maker is of the opinion that, had the information been received at the time when an application in respect of the relevant authorisation was made under this Act, the relevant decision-maker would have refused the application;

any other prescribed grounds.

The relevant decision-maker may, by written notice to the holder of a relevant authorisation, suspend the relevant authorisation if satisfied that there are grounds for the suspension.

A notice under subclause (1) is to specify –

the grounds for the suspension; and

the date or time from which the suspension takes effect; and

the period of the suspension; and

the actions required, if any, for the suspension to be lifted.

The relevant decision-maker may, by written notice to the holder of a relevant authorisation, cancel the relevant authorisation if satisfied that there are grounds for the cancellation.

A notice under subclause (1) must specify –

the grounds for the cancellation; and

the date or time from which the cancellation takes effect; and

that, after the cancellation takes effect, the holder of the relevant authorisation that has been cancelled is to return, in accordance with the notice, the identity card issued to the holder.

A relevant authorisation cancelled under this clause has no value.

Before suspending or cancelling a relevant authorisation under this Part, the relevant decision-maker must –

give written notice to the holder of the relevant authorisation specifying –

invite the holder of the relevant authorisation to make a submission to the relevant decision-maker about the proposed suspension or cancellation; and

take into account any submission made to the relevant decision-maker by the holder before the deadline for the making of a submission.

A period specified under subclause (1)(a)(iii) is to be at least 30 days after the notice referred to in subclause (1)(a) is given to the holder of the relevant authorisation.

The Secretary is not required to give notice under subclause (1)(a) of a proposed cancellation of a relevant authorisation if –

that authorisation is already suspended; and

a notice was given under that subclause in respect of the suspension before it took effect.

The relevant decision-maker may immediately, and without notice, suspend a relevant authorisation if satisfied that –

the suspension is necessary for public health or safety; or

the holder of the relevant authorisation has failed to comply with the relevant authorisation and that failure has resulted in a critical non-compliance; or

the holder of the relevant authorisation has engaged in fraudulent behaviour under the authorisation.

However, if the relevant decision-maker suspends a relevant authorisation without giving prior notice to the holder of the relevant authorisation, the relevant decision-maker must –

give the holder of the relevant authorisation written notice of –

invite the holder of the relevant authorisation to make a submission to the relevant decision-maker about the suspension by a specified deadline that is at least 30 days after the notice is given to the holder of the relevant authorisation.

If the holder of the relevant authorisation makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must –

decide whether the suspension should be revoked or continued, having regard to that submission; and

give written notice of that decision to the holder of the relevant authorisation.

The holder of a relevant authorisation may apply to the relevant decision-maker to cancel his or her relevant authorisation.

An application under subclause (1) must –

be in a form approved by the relevant decision-maker; and

be accompanied by the applicable application fee specified in subclause (3), if any; and

include or be accompanied by any information or evidence required by the relevant decision-maker to determine the consequences that may result from the cancellation of the authorisation.

The amount of the application fee is –

if the relevant decision-maker is the Secretary, the prescribed amount; or

in any other case, the amount required by the relevant decision-maker.

If the relevant decision-maker grants an application to cancel a relevant authorisation under this clause, the relevant decision-maker is to notify the holder of the relevant authorisation in writing that the application is granted.

On receipt of written notification under subclause (4) in respect of a relevant authorisation, the relevant authorisation is cancelled.

A relevant authorisation cancelled under this clause has no value.

The suspension or cancellation of a relevant authorisation under this Part may be subject to such conditions as the relevant decision-maker imposes.

A condition imposed in respect of a suspension or cancellation of a relevant authorisation –

is to be imposed for the purpose of ensuring –

may include, but is not limited to, any conditions to which the relevant authorisation was subject immediately before it was suspended or cancelled.

The relevant decision-maker may, by written notice given to the holder of a suspended relevant authorisation, or the former holder of a cancelled relevant authorisation, attach new conditions to, or vary or revoke any existing conditions imposed in respect of the suspension or cancellation of the relevant authorisation.

A person to whom a condition is imposed under this clause must comply with the condition.

a body corporate, a fine not exceeding 2 500 penalty units; or

an individual, a fine not exceeding 500 penalty units.