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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Biosecurity Bill 2011
Queensland
Biosecurity Bill 2011
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 2 Purposes of Act and achieving the purposes
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4 How purposes are primarily achieved . . . . . . . . . . . . . . . . . . . . . 33
Part 3 Application and operation of Act
5 Scope of Act generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
7 General application of Act to ships . . . . . . . . . . . . . . . . . . . . . . . . 35
8 Relationship with particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . 35
9 Contravention of this Act does not create civil cause of action . . 36
10 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 36
11 Community involvement in administration of Act . . . . . . . . . . . . . 37
Part 4 Interpretation
Division 1 Dictionary
12 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2 Key concepts and definitions
13 What is a biosecurity event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14 What is biosecurity matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
15 What is a biosecurity risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
16 What is a carrier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
17 What is a contaminant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18 What is prohibited matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
19 Prohibited matter criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
20 What is restricted matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
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Contents
21 Restricted matter criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
22 What is a general biosecurity obligation . . . . . . . . . . . . . . . . . . . . 41
23 General biosecurity obligation offence provision . . . . . . . . . . . . . 43
24 Effect of regulation for discharge of general biosecurity
obligation ..................................... 43
25 Effect of code of practice for discharge of general biosecurity
obligation ......................................... 44
26 Aggravated offences--significant damage to health and safety
of people or to the economy or environment . . . . . . . . . . . . . . . . 44
27 Defence of due diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 2 Prohibited matter
Division 1 Establishing what is prohibited matter
28 Basic prohibited matter declaration provision. . . . . . . . . . . . . . . . 47
29 Prohibited matter regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
30 Chief executive may make emergency prohibited matter
declaration ..................................... 48
31 Matters for inclusion in emergency prohibited matter declaration 50
32 Effect and duration of emergency prohibited matter declaration . 51
33 Requirement for both prohibited matter regulation and
emergency prohibited matter declaration to classify new
prohibited matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
34 Up-to-date listing of all prohibited matter to be available on the
department's website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Obligations relating to prohibited matter
35 Reporting presence of prohibited matter . . . . . . . . . . . . . . . . . . . 51
36 Dealing with prohibited matter . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 3 Restricted matter
Division 1 Establishing what is restricted matter
37 Basic restricted matter declaration provision . . . . . . . . . . . . . . . . 54
38 Restricted matter regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
39 Requirement for restricted matter regulation to classify new
restricted matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
40 Up-to-date listing of all restricted matter to be available on the
department's website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 2 Obligations relating to restricted matter
41 Reporting presence of category 1 or 2 restricted matter . . . . . . . 55
42 Releasing or disposing of category 7 restricted matter . . . . . . . . 57
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43 Requirement to kill or dispose of category 8 restricted matter . . . 58
44 Offences about other categories of restricted matter . . . . . . . . . . 59
Part 4 Other offences
45 Designated animals feeding on animal matter . . . . . . . . . . . . . . . 60
46 Notifiable incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Chapter 3 Matters relating to local governments
Part 1 Provisions about functions and obligations of local
governments
47 Main function of local government . . . . . . . . . . . . . . . . . . . . . . . . 63
48 When State and local government act in partnership. . . . . . . . . . 64
49 Minister may direct local government to perform function
or obligation ..................................... 64
50 Chief executive may act to perform local government's functions 65
51 Minister may ask for particular information from local
government ................................... 66
Part 2 Biosecurity plans for local government areas
Division 1 Requirement for biosecurity plans
52 Local governments to have biosecurity plan . . . . . . . . . . . . . . . . 66
Division 2 Making and implementing biosecurity plans
53 Preparing draft plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
54 Notice of draft plan and consideration of public submissions. . . . 68
55 Chief executive to consider draft plan. . . . . . . . . . . . . . . . . . . . . . 68
56 Adopting plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
57 Duration of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
58 Implementing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 3 Reviewing, amending and inspecting biosecurity plans
59 Reviewing a biosecurity plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
60 Amending plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
61 Plan to be available for inspection . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 4 Miscellaneous
62 Local governments acting concurrently for biosecurity plan. . . . . 71
Part 3 Land Protection Fund
63 Continuation of Land Protection Fund . . . . . . . . . . . . . . . . . . . . . 72
64 Purpose and administration of fund . . . . . . . . . . . . . . . . . . . . . . . 72
65 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
66 Consultation with local government about activities . . . . . . . . . . . 74
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67 Minister may require local government to make annual
payment ..................................... 74
68 Minister must give local government report about activities . . . . . 75
Chapter 4 Codes of practice, guidelines and particular agreements
Part 1 Codes of practice
69 Making codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
70 Consultation about codes of practice . . . . . . . . . . . . . . . . . . . . . . 77
71 Tabling and inspection of documents adopted in codes of
practice ....................................... 78
Part 2 Guidelines
72 Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . . 79
73 Availability of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
74 Obligation to have regard to guidelines . . . . . . . . . . . . . . . . . . . . 80
Part 3 Particular agreements between State and other entities
Division 1 Intergovernmental agreements
75 Intergovernmental agreement for recognising biosecurity
certificates ...................................... 81
Division 2 Government and industry agreements
76 Entering into government and industry agreements. . . . . . . . . . . 81
77 Content of government and industry agreement . . . . . . . . . . . . . 82
Division 3 Compliance agreements
Subdivision 1 Preliminary
78 Entering into compliance agreements . . . . . . . . . . . . . . . . . . . . . 84
Subdivision 2 Applications for compliance agreements
79 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
80 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
81 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 87
82 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
83 Suitability of applicant to enter into compliance agreement . . . . . 88
84 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
85 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 3 Suspension and cancellation of compliance agreements
86 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . 91
87 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
88 Representations about show cause notice. . . . . . . . . . . . . . . . . . 92
89 Ending show cause process without further action . . . . . . . . . . . 92
90 Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
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91 Immediate suspension of compliance agreement . . . . . . . . . . . . 94
92 Return of suspended or cancelled compliance agreement . . . . . 95
Subdivision 4 Provisions about compliance agreements
93 Effect of compliance agreement if holding compliance certificate 95
94 Complying with compliance agreement . . . . . . . . . . . . . . . . . . . . 96
95 False statements and false advertising . . . . . . . . . . . . . . . . . . . . 96
Chapter 5 Managing biosecurity emergencies and risks
Part 1 Biosecurity emergencies
Division 1 Preliminary
96 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
97 Other Acts not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
98 Powers under this part and powers under other Acts. . . . . . . . . . 98
Division 2 Declaring a biosecurity emergency
99 Chief executive may make biosecurity emergency order . . . . . . . 98
100 Matters for inclusion in biosecurity emergency order . . . . . . . . . . 100
101 Effect and duration of biosecurity emergency order . . . . . . . . . . . 103
Division 3 Enforcement of biosecurity emergency order
102 Compliance with biosecurity emergency order. . . . . . . . . . . . . . . 104
103 Power to stop vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
104 Inspection of stopped vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
105 Additional powers of inspector for place within a biosecurity
emergency area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
106 Requirement to answer question or give information . . . . . . . . . . 109
Division 4 Biosecurity emergency order permits
107 Biosecurity emergency order permit. . . . . . . . . . . . . . . . . . . . . . . 111
108 Offences relating to biosecurity emergency order permits . . . . . . 112
Division 5 Reports about biosecurity emergencies
109 Tabling of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Part 2 Movement control orders
110 Chief executive may make movement control order . . . . . . . . . . . 114
111 Matters for inclusion in movement control order . . . . . . . . . . . . . 116
112 Compliance with movement control order . . . . . . . . . . . . . . . . . . 119
113 Effect of movement control order . . . . . . . . . . . . . . . . . . . . . . . . . 119
Part 3 Biosecurity zone regulatory provisions
114 Regulation may include provisions for biosecurity zones . . . . . . . 120
115 Matters for inclusion in biosecurity zone regulatory provisions . . 121
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116 Effect of biosecurity zone regulatory provisions . . . . . . . . . . . . . . 123
Part 4 Biosecurity instrument permits
117 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
118 Biosecurity instrument permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
119 Offences relating to biosecurity instrument permits . . . . . . . . . . . 126
Chapter 6 Registration of biosecurity entities and designated animal
identification
Part 1 Preliminary
120 What is a designated animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
121 What is a specified animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
122 What is designated biosecurity matter . . . . . . . . . . . . . . . . . . . . . 128
123 What is the threshold number of designated animals . . . . . . . . . 128
124 What is the threshold amount of designated biosecurity matter. . 129
125 Who keeps a designated animal . . . . . . . . . . . . . . . . . . . . . . . . . 129
126 Who holds designated biosecurity matter . . . . . . . . . . . . . . . . . . 130
127 What is a registrable biosecurity entity . . . . . . . . . . . . . . . . . . . . . 130
128 What is a biosecurity circumstance . . . . . . . . . . . . . . . . . . . . . . . 131
129 Who is the occupier of a place . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Part 2 Registration and related requirements
Division 1 Registration of registrable biosecurity entities
130 Registrable biosecurity entity must apply for registration . . . . . . . 132
131 Approval for registrable biosecurity entity to remain unregistered 133
132 Application for registration before becoming a registrable
biosecurity entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
133 Application requirements for registration of registrable
biosecurity entity .................................. 135
134 Registration of biosecurity entity . . . . . . . . . . . . . . . . . . . . . . . . . 136
135 Inquiry about application for registration relating to bees . . . . . . . 137
136 Suitability of person for registration relating to bees. . . . . . . . . . . 138
137 Failure to decide application for registration relating to bees . . . . 139
138 Chief executive may register person without application . . . . . . . 139
139 Allocation of PICs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
140 Registered biosecurity entity may apply for deregistration . . . . . . 141
141 Registered biosecurity entity to be given proof of registration . . . 142
142 No transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
143 Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
144 Renewal of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
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Division 2 Special provisions relating to the keeping of bees
145 Prohibition on keeping of bees without registration . . . . . . . . . . . 143
146 Additional information for application for registration . . . . . . . . . . 144
147 Allocation of HIN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
148 Display of information about registered biosecurity entity . . . . . . 145
149 Conditions for the keeping of bees . . . . . . . . . . . . . . . . . . . . . . . . 145
150 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
151 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
152 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
153 Registration continues pending decision about renewal . . . . . . . 148
Division 3 Restricted places
154 Inclusion of restricted places in biosecurity register . . . . . . . . . . . 149
155 Compliance with restricted place restrictions . . . . . . . . . . . . . . . . 150
156 Removal of restricted place from biosecurity register . . . . . . . . . 150
157 Application for removal of restricted place from biosecurity
register ........................................ 150
158 Chief executive may seek further information or documents . . . . 151
159 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 4 NLIS administrator
160 Power to disclose designated information to approved NLIS
administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 5 The biosecurity register
161 Chief executive's obligation to keep register. . . . . . . . . . . . . . . . . 153
162 Information required to be kept for registered biosecurity entities 154
163 Requirement for change notice . . . . . . . . . . . . . . . . . . . . . . . . . . 154
164 Correction and updating of biosecurity register for registered
biosecurity entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
165 Public access to biosecurity register . . . . . . . . . . . . . . . . . . . . . . 155
Part 3 Specified animal identification and tracing system
Division 1 Approved devices
166 Meaning of approved device . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
167 Meaning of fit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
168 Chief executive may approve different devices for different
animals or circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
169 Meaning of suitable approved device . . . . . . . . . . . . . . . . . . . . . . 158
170 Only suitable approved device to be fitted . . . . . . . . . . . . . . . . . . 159
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Division 2 Approved device requirement and travel approvals
171 Approved device requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
172 Exemptions from approved device requirement . . . . . . . . . . . . . . 159
173 Obtaining a travel approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 3 Receiving specified animals
174 Meaning of moving from another place . . . . . . . . . . . . . . . . . . . . 162
175 Receiver requirement to advise NLIS administrator . . . . . . . . . . . 162
176 Stated information for s 175--approved device that includes
microchip ...................................... 165
177 Stated information for s 175--approved device that does not
include microchip . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
178 Stated information for s 175--specified animal received at
transit facility ..................................... 168
179 Receiver requirement to advise inspector . . . . . . . . . . . . . . . . . . 168
Division 4 Movement records
180 Movement record requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
181 Appropriate form of movement record . . . . . . . . . . . . . . . . . . . . . 171
182 Relaxation of movement record requirement for multiple
conveyances ...................................... 172
183 Other matters about movement record requirement . . . . . . . . . . 173
184 Receiving designated animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
185 Show organiser to record designated animal movements . . . . . . 175
Division 5 Miscellaneous
186 Supply of device for use as an approved device . . . . . . . . . . . . . 176
187 Restriction on applying or removing approved device . . . . . . . . . 178
188 Restrictions on altering, defacing or destroying approved device 179
189 Requirement to destroy removed approved device . . . . . . . . . . . 180
190 Approval to use different PIC for approved device for specified
animal .......................................... 181
191 False, misleading or incomplete movement record . . . . . . . . . . . 181
Part 4 Miscellaneous
192 Special provision about regulations . . . . . . . . . . . . . . . . . . . . . . . 182
193 Evidentiary aids for biosecurity register and NLIS database . . . . 182
194 Person must not give false or misleading information to NLIS
administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 7 Prohibited matter and restricted matter permits
Part 1 Preliminary
195 Issue of prohibited and restricted matter permits . . . . . . . . . . . . . 183
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196 What is a prohibited matter permit . . . . . . . . . . . . . . . . . . . . . . . . 183
197 What is a restricted matter permit . . . . . . . . . . . . . . . . . . . . . . . . 183
198 Types of prohibited matter permits . . . . . . . . . . . . . . . . . . . . . . . . 184
199 Types of restricted matter permits . . . . . . . . . . . . . . . . . . . . . . . . 184
200 What is a permit plan for prohibited or restricted matter . . . . . . . 184
Part 2 Permit applications
201 Applying for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
202 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
203 Suitability of person to hold permit . . . . . . . . . . . . . . . . . . . . . . . . 186
Part 3 Deciding application
204 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
205 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
206 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
207 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
208 Particular matters for scientific research (prohibited matter)
permit ....................................... 189
Part 4 Term and conditions of permits
209 Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
210 Conditions of permit decided by the chief executive. . . . . . . . . . . 190
211 Other conditions applying to a permit. . . . . . . . . . . . . . . . . . . . . . 191
Part 5 Renewal of permits
212 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
213 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
214 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
215 Permit continues pending decision about renewal . . . . . . . . . . . . 193
216 Direction to dispose of prohibited or restricted matter when
permit cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Part 6 Transfer of permit
217 Transfer of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Part 7 Register of prohibited matter and restricted matter permits
218 Register of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Chapter 8 Programs for surveillance, prevention and control
Part 1 Preliminary
219 Types of biosecurity programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
220 What is a surveillance program . . . . . . . . . . . . . . . . . . . . . . . . . . 197
221 What is a prevention and control program . . . . . . . . . . . . . . . . . . 198
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Part 2 Authorising biosecurity programs
222 Authorising and carrying out biosecurity program . . . . . . . . . . . . 198
223 What program authorisation must state . . . . . . . . . . . . . . . . . . . . 200
224 Taking action under biosecurity program . . . . . . . . . . . . . . . . . . . 201
225 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Part 3 Consultation and notification
226 Consultation about proposed biosecurity program . . . . . . . . . . . . 204
227 Notice of proposed biosecurity program. . . . . . . . . . . . . . . . . . . . 204
228 Access to authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Part 4 Steps taken under biosecurity program
229 Notification of steps taken or to be taken under biosecurity
program ....................................... 206
230 Person must not interfere with steps taken or to be taken . . . . . . 207
Part 5 Enforcement matters for biosecurity programs
231 Biosecurity orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Chapter 9 Inspectors and authorised persons
Part 1 General matters about inspectors and authorised persons
Division 1 Appointment of inspectors
232 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 209
233 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 209
234 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
235 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
Division 2 Appointment of authorised persons
236 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 211
237 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 212
238 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
239 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 3 Special provision for appointments of police officers and
TORUM authorised officers
240 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
241 Regulation may appoint prescribed class of police officer . . . . . . 213
242 Appointment of police officer as inspector for biosecurity
emergency ...................................... 214
243 Appointment of authorised officer or accredited person under
TORUM as authorised person for biosecurity emergency . . . . . . 215
Division 4 Identity cards
244 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
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245 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 216
246 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Division 5 General matters about authorised officers
247 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
248 Powers of particular authorised persons limited to local
government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
249 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Division 6 Miscellaneous provisions
250 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 218
251 Reference to document includes reference to reproductions
from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
Part 2 Entry to places by authorised officers
Division 1 Power to enter
252 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
253 Power to enter place to ascertain if biosecurity risk exists . . . . . . 221
254 Power to enter place under biosecurity program . . . . . . . . . . . . . 221
255 Power to enter place to check compliance with biosecurity
order ....................................... 221
256 Power to enter place to take steps if biosecurity order not
complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
257 Power to enter place to take action required under direction . . . . 222
Division 2 Entry by consent
258 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
259 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 223
260 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 224
261 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Division 3 Entry for particular purposes
262 Entry of place under s 253 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
263 Entry of place under ss 254 and 255 . . . . . . . . . . . . . . . . . . . . . . 226
264 Entry of place under ss 256 and 257 . . . . . . . . . . . . . . . . . . . . . . 227
Division 4 Entry under warrant
Subdivision 1 Obtaining warrant
265 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
266 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
267 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
268 Additional procedure if electronic application . . . . . . . . . . . . . . . . 231
269 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
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Subdivision 2 Entry procedure
270 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Part 3 Emergency powers of inspectors
271 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
272 Power and procedure for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
273 Power in relation to activity or biosecurity matter . . . . . . . . . . . . . 234
274 How power may be exercised. . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
275 Requirement to give chief executive notice . . . . . . . . . . . . . . . . . 236
276 Duration of emergency powers. . . . . . . . . . . . . . . . . . . . . . . . . . . 236
277 Failure to comply with inspector's directions in emergency . . . . . 236
278 Inspector's powers not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Part 4 Other authorised officers' powers and related matters
Division 1 Stopping or moving vehicles
279 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
280 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
281 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 238
282 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Division 2 Stopping or moving travelling animals
283 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
284 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
285 Identification requirements if animal travelling on stock route . . . 240
286 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Division 3 General powers of authorised officers after entering places
287 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
288 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
289 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 244
290 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 244
Division 4 Seizure by authorised officers and forfeiture
Subdivision 1 Power to seize
291 Seizing evidence at a place that may be entered without
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
292 Seizing evidence at a place that may be entered only with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
293 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 246
Subdivision 2 Powers to support seizure
294 Requirement of person in control of thing to be seized . . . . . . . . 246
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295 Offence to contravene seizure requirement . . . . . . . . . . . . . . . . . 247
296 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
297 Offence to contravene other seizure requirement . . . . . . . . . . . . 248
298 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Subdivision 3 Safeguards for seized things
299 Receipt and information notice for seized thing . . . . . . . . . . . . . . 248
300 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
301 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Subdivision 4 Forfeiture
302 Forfeiture by administrator decision . . . . . . . . . . . . . . . . . . . . . . . 251
303 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 252
304 Information notice for forfeiture decision. . . . . . . . . . . . . . . . . . . . 253
305 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
306 Procedure and powers for making forfeiture order . . . . . . . . . . . . 254
Subdivision 5 Dealing with property forfeited or transferred to relevant
entity or the State
307 When thing becomes property of relevant entity . . . . . . . . . . . . . 255
308 When thing becomes property of the State or local government . 255
309 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 255
310 Power of destruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Division 5 Disposal orders
311 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Division 6 Power to remove or reduce biosecurity risk under a warrant
312 Power to remove or reduce biosecurity risk after entering place . 257
Division 7 Other information-obtaining powers of authorised officers
313 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 258
314 Offence to contravene personal details requirement . . . . . . . . . . 259
315 Power to require production of documents . . . . . . . . . . . . . . . . . . 259
316 Offence to contravene document production requirement . . . . . . 260
317 Offence to contravene document certification requirement . . . . . 261
318 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
319 Offence to contravene information requirement . . . . . . . . . . . . . . 262
Part 5 Miscellaneous provisions relating to authorised officers
Division 1 Damage
320 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 263
321 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
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Division 2 Compensation
322 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Division 3 Other offences relating to authorised officers
323 Giving authorised officer false or misleading information . . . . . . . 266
324 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
325 Impersonating authorised officer or accredited certifier . . . . . . . . 267
Division 4 Other provisions
326 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Chapter 10 Compensation for loss or damage from biosecurity
response
Part 1 Introduction
327 What is a biosecurity response . . . . . . . . . . . . . . . . . . . . . . . . . . 268
328 What is loss or damage arising out of a biosecurity response . . . 269
329 What is property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
330 What is notional value or notional reduction in value of property . 269
331 What is a compensation scheme and what is scheme
compensation ................................... 270
332 Sources of compensation available under this chapter . . . . . . . . 271
Part 2 Scheme compensation
333 Operation of scheme compensation. . . . . . . . . . . . . . . . . . . . . . . 271
Part 3 Statutory compensation
334 Operation of statutory compensation . . . . . . . . . . . . . . . . . . . . . . 272
335 How scheme compensation affects entitlement to statutory
compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
336 Other limitations applying to entitlement to statutory
compensation ................................... 273
337 No compensation for consequential loss . . . . . . . . . . . . . . . . . . . 275
Part 4 Claiming statutory compensation
338 Application for statutory compensation . . . . . . . . . . . . . . . . . . . . 276
339 Further information may be required . . . . . . . . . . . . . . . . . . . . . . 276
340 Day for making and advising of decision . . . . . . . . . . . . . . . . . . . 276
Chapter 11 Evidence, legal proceedings and reviews
Part 1 Evidence
341 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
342 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
343 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
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344 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Part 2 Legal proceedings
345 Offences under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
346 Allegations of false or misleading information or document . . . . . 282
347 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . 282
348 Responsibility for acts or omissions of representative . . . . . . . . . 283
349 Executive officers must ensure corporation complies with Act. . . 284
350 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . 285
Part 3 Reviews
Division 1 Internal reviews
351 Internal review process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
352 Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . 285
353 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 286
354 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 286
355 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
356 Notice of internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . 288
Division 2 External reviews by QCAT
357 Who may apply for external review. . . . . . . . . . . . . . . . . . . . . . . . 289
Division 3 Appeals
358 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
359 Procedure for an appeal to the court . . . . . . . . . . . . . . . . . . . . . . 289
360 Stay of operation of internal review decision . . . . . . . . . . . . . . . . 290
361 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
362 Effect of decision of court on appeal . . . . . . . . . . . . . . . . . . . . . . 291
Chapter 12 Biosecurity orders and injunctions
Part 1 Biosecurity orders
Division 1 General matters about biosecurity orders
363 Giving biosecurity order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
364 Matters that must be included in biosecurity order. . . . . . . . . . . . 292
365 What biosecurity order may require . . . . . . . . . . . . . . . . . . . . . . . 294
366 Requirements for giving biosecurity order . . . . . . . . . . . . . . . . . . 294
367 Compliance with biosecurity order . . . . . . . . . . . . . . . . . . . . . . . . 295
368 Approval for particular biosecurity order. . . . . . . . . . . . . . . . . . . . 295
369 Register of biosecurity orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
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Division 2 Recovery of costs and expenses
370 Recovery of costs of taking steps under biosecurity order or
action under direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
371 Cost under biosecurity order a charge over land . . . . . . . . . . . . . 297
Division 3 Recovery of costs from other persons
372 Recipient may apply for contribution . . . . . . . . . . . . . . . . . . . . . . 298
373 Notice of hearing of cost recovery order must be given . . . . . . . . 299
374 When court may make cost recovery order . . . . . . . . . . . . . . . . . 299
Part 2 Injunctions
375 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
376 Who may apply for an injunction . . . . . . . . . . . . . . . . . . . . . . . . . 300
377 District Court's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
378 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
379 Undertakings as to damages or costs . . . . . . . . . . . . . . . . . . . . . 302
Chapter 13 Accredited certifiers
Part 1 Interpretation
380 Definitions for ch 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Part 2 Purpose and operation of biosecurity certificates and the
accreditation system
381 What is a biosecurity certificate . . . . . . . . . . . . . . . . . . . . . . . . . . 303
382 Purpose and operation of acceptable biosecurity certificates . . . 304
383 Purpose and operation of accreditation system . . . . . . . . . . . . . . 305
384 Giving biosecurity certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Part 3 Accreditation of inspector or authorised person
385 Application of part limited to authorised officers appointed by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
386 Accreditation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
387 Accreditation of authorised persons appointed by chief executive 307
388 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Part 4 Accreditation by application
389 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
390 Additional application requirements for ICA scheme . . . . . . . . . . 308
391 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
392 Criteria for granting accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 309
393 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
394 Suitability of person for accreditation . . . . . . . . . . . . . . . . . . . . . . 310
395 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
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396 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
397 Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
398 Form of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
399 Limitation on further application after refusal or cancellation of
accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
400 Accreditation conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
401 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
Part 5 Renewal of accreditations
402 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
403 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
404 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
405 Accreditation continues pending decision about renewal. . . . . . . 315
Part 6 Offences about accreditation
406 Contravention of accreditation conditions. . . . . . . . . . . . . . . . . . . 316
407 Offences about certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
408 Unauthorised alteration of biosecurity certificate . . . . . . . . . . . . . 317
Part 7 Keeping of accreditation related records
409 Keeping of biosecurity certificate by accredited certifier or
receiver ....................................... 318
Chapter 14 Auditors and auditing
Part 1 Auditors
Division 1 Functions and approval of auditors
Subdivision 1 Functions
410 Auditor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
Subdivision 2 Approval of inspector or authorised person as auditor
411 Application of subdivision limited to authorised officers
appointed by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
412 Approval of inspectors as auditors . . . . . . . . . . . . . . . . . . . . . . . . 320
413 Approval of authorised persons as auditors . . . . . . . . . . . . . . . . . 321
Subdivision 3 Approval as auditor by application
414 Application for approval as auditor . . . . . . . . . . . . . . . . . . . . . . . . 321
415 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
416 Criteria for granting application. . . . . . . . . . . . . . . . . . . . . . . . . . . 321
417 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
418 Suitability of person to be an auditor . . . . . . . . . . . . . . . . . . . . . . 322
419 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
420 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
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Division 2 Term and conditions of approval
421 Term of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
422 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
423 Auditor to comply with conditions of approval . . . . . . . . . . . . . . . 325
Division 3 Renewal of approvals
424 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
425 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
426 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
427 Approval continues pending decision about renewal . . . . . . . . . . 327
Division 4 General provisions
428 Applications--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
429 Form of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
430 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
Part 2 Auditing
Division 1 Preliminary
431 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
Division 2 Auditing for compliance agreements
432 Audit of applicant's business for entering into compliance
agreement ....................................... 329
433 Compliance audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
434 Check audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
435 Nonconformance audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
Division 3 Auditing for accreditation
436 Compliance audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
437 Check audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
438 Nonconformance audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
Part 3 Auditors' reports and responsibilities
Division 1 Compliance agreement reports
439 Report about audit for entering into compliance agreement . . . . 332
440 Report about audit for compliance or nonconformance audit. . . . 333
Division 2 Accreditation reports
441 Report about audit for grant of accreditation . . . . . . . . . . . . . . . . 334
442 Report about audit for compliance or nonconformance audit. . . . 335
Division 3 Responsibilities
443 Auditor's responsibility to inform chief executive . . . . . . . . . . . . . 337
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Part 4 Offences
444 Obstructing auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
445 Impersonating auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
Chapter 15 Common amendment, suspension and cancellation
provisions for particular authorities
Part 1 Interpretation
446 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
Part 2 Amending conditions of relevant authority on application
447 Application by holder of relevant authority to amend conditions . 339
448 Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
449 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
Part 3 Cancellation, suspension and amendment by chief
executive
450 Cancellation and suspension--grounds . . . . . . . . . . . . . . . . . . . . 341
451 Amendment of relevant authority . . . . . . . . . . . . . . . . . . . . . . . . . 342
452 Cancellation, suspension or amendment by chief
executive--show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
453 Representations about show cause notice. . . . . . . . . . . . . . . . . . 343
454 Ending show cause process without further action . . . . . . . . . . . 343
455 Cancellation, suspension or amendment . . . . . . . . . . . . . . . . . . . 344
456 Immediate suspension of relevant authority . . . . . . . . . . . . . . . . . 344
Part 4 Miscellaneous
457 Amendment of relevant authority without show cause notice. . . . 346
458 Cancellation of relevant authority without show cause notice . . . 347
459 Return of cancelled, suspended or amended relevant authority . 347
Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
Division 1 Establishment
460 Establishment of barrier fence board . . . . . . . . . . . . . . . . . . . . . . 348
461 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
462 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
463 Board's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
464 Board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
465 Minister may give direction to board. . . . . . . . . . . . . . . . . . . . . . . 350
Division 2 Board directors
466 Control of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
467 Role of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
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468 Number and appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
469 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
470 Nominating local government groups . . . . . . . . . . . . . . . . . . . . . . 351
471 Appointment of directors other than chairperson . . . . . . . . . . . . . 352
472 Qualifications for directorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
473 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
474 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
475 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
476 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
477 Director to act in board's interest . . . . . . . . . . . . . . . . . . . . . . . . . 356
Division 3 Business and meetings
478 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
479 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
480 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
481 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
482 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
483 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
484 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
Division 4 Financial matters
485 Estimate of board's operational costs. . . . . . . . . . . . . . . . . . . . . . 358
486 Approval for carrying out board's operations . . . . . . . . . . . . . . . . 358
Division 5 Board employees
487 Board may employ or engage persons. . . . . . . . . . . . . . . . . . . . . 359
488 Powers of board employees generally . . . . . . . . . . . . . . . . . . . . . 359
489 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
490 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 360
491 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
492 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 361
493 Matters board employee must tell occupier . . . . . . . . . . . . . . . . . 361
494 Obstructing board employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
495 Impersonating board employee . . . . . . . . . . . . . . . . . . . . . . . . . . 362
Division 6 Miscellaneous
496 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
497 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
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Part 2 The barrier fence
Division 1 Identification
498 Identification of the barrier fence . . . . . . . . . . . . . . . . . . . . . . . . . 363
Division 2 Maintaining the barrier fence
499 Building gates and grids in barrier fence . . . . . . . . . . . . . . . . . . . 363
500 Maintaining barrier fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
501 Power to enter a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
502 Agreement to make opening in barrier fence . . . . . . . . . . . . . . . . 365
503 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 365
504 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
505 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
506 Directing restoration of barrier fence . . . . . . . . . . . . . . . . . . . . . . 368
Division 3 Offences about the barrier fence
507 Damaging, or making openings in, the barrier fence . . . . . . . . . . 368
508 Obstructing inspection or maintenance of barrier fence. . . . . . . . 369
509 Closing gates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
Chapter 17 Miscellaneous
510 Inconsistencies in scientific name or common name for relevant
biosecurity matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
511 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
512 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
513 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 372
514 Public officials for Police Powers and Responsibilities Act . . . . . . 373
515 When regulatory impact statement not required . . . . . . . . . . . . . 373
516 Limitation of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
517 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376
518 Application of Acts to local governments . . . . . . . . . . . . . . . . . . . 376
519 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376
520 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
521 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Chapter 18 Repeal, savings and transitional provisions
Part 1 Repeal of Acts
522 Repeal of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Part 2 Savings and transitional provisions
Division 1 Purposes, definitions and general approach
523 Main purposes of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
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524 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
525 Document, action, obligation or protection under previous
provision of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
526 Things continued in force under repealed Act . . . . . . . . . . . . . . . 380
527 Terminology in things mentioned in s 525(1) . . . . . . . . . . . . . . . . 381
528 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 381
529 Period or date stated in document given under previous
provision ..................................... 381
530 Action happening before commencement may be relevant to
proceeding for particular acts or omissions . . . . . . . . . . . . . . . . . 382
531 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 383
Division 2 Transitional provisions relating to particular provisions of
repealed Acts
Subdivision 1 Examples for chapter 2
532 Examples for ch 2 of documents under s 525 . . . . . . . . . . . . . . . 383
533 Example for ch 2 of actions under s 525 . . . . . . . . . . . . . . . . . . . 383
534 Examples for ch 2 of obligations under s 525. . . . . . . . . . . . . . . . 383
535 Example for ch 2 of protections under s 525 . . . . . . . . . . . . . . . . 384
Subdivision 2 Examples for chapter 3
536 Examples for ch 3 of documents under s 525 . . . . . . . . . . . . . . . 384
537 Examples for ch 3 of actions under s 525 . . . . . . . . . . . . . . . . . . 384
538 Examples for ch 3 of obligations under s 525. . . . . . . . . . . . . . . . 385
539 Example for ch 3 of protections under s 525 . . . . . . . . . . . . . . . . 385
Subdivision 3 Examples for chapter 4
540 Examples for ch 4 of documents under s 525 . . . . . . . . . . . . . . . 386
541 Example for ch 4 of actions under s 525 . . . . . . . . . . . . . . . . . . . 386
542 Example for ch 4 of obligations under s 525 . . . . . . . . . . . . . . . . 386
Subdivision 4 Examples for chapter 5
543 Examples for ch 5 of documents under s 525 . . . . . . . . . . . . . . . 387
544 Examples for ch 5 of actions under s 525 . . . . . . . . . . . . . . . . . . 387
545 Examples for ch 5 of obligations under s 525. . . . . . . . . . . . . . . . 388
546 Examples for ch 5 of protections under s 525 . . . . . . . . . . . . . . . 388
Subdivision 5 Examples for chapter 6
547 Example for ch 6 of documents under s 525 . . . . . . . . . . . . . . . . 389
548 Examples for ch 6 of actions under s 525 . . . . . . . . . . . . . . . . . . 389
549 Examples for ch 6 of obligations under s 525. . . . . . . . . . . . . . . . 389
550 Example for ch 6 of protections under s 525 . . . . . . . . . . . . . . . . 389
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Subdivision 6 Examples for chapter 7
551 Examples for ch 7 of documents under s 525 . . . . . . . . . . . . . . . 390
552 Examples for ch 7 of actions under s 525 . . . . . . . . . . . . . . . . . . 390
553 Examples for ch 7 of obligations under s 525. . . . . . . . . . . . . . . . 391
554 Examples for ch 7 of protections under s 525 . . . . . . . . . . . . . . . 391
Subdivision 7 Examples for chapter 8
555 Examples for ch 8 of documents under s 525 . . . . . . . . . . . . . . . 391
556 Example for ch 8 of actions under s 525 . . . . . . . . . . . . . . . . . . . 392
557 Examples for ch 8 of obligations under s 525. . . . . . . . . . . . . . . . 392
Subdivision 8 Examples for chapter 9
558 Examples for ch 9 of documents under s 525 . . . . . . . . . . . . . . . 392
559 Examples for ch 9 of actions under s 525 . . . . . . . . . . . . . . . . . . 393
560 Examples for ch 9 of obligations under s 525. . . . . . . . . . . . . . . . 394
561 Examples for ch 9 of protections under s 525 . . . . . . . . . . . . . . . 395
Subdivision 9 Examples for chapter 10
562 Examples for ch 10 of documents under s 525 . . . . . . . . . . . . . . 396
563 Examples for ch 10 of actions under s 525 . . . . . . . . . . . . . . . . . 396
564 Example for ch 10 of obligations under s 525 . . . . . . . . . . . . . . . 397
565 Examples for ch 10 of protections under s 525 . . . . . . . . . . . . . . 397
Subdivision 10 Examples for chapter 11
566 Examples for ch 11 of documents under s 525 . . . . . . . . . . . . . . 397
567 Examples for ch 11 of actions under s 525 . . . . . . . . . . . . . . . . . 398
568 Examples for ch 11 of obligations under s 525. . . . . . . . . . . . . . . 398
569 Examples for ch 11 of protections under s 525 . . . . . . . . . . . . . . 398
Subdivision 11 Examples for chapter 12
570 Examples for ch 12 of documents under s 525 . . . . . . . . . . . . . . 399
571 Examples for ch 12 of actions under s 525 . . . . . . . . . . . . . . . . . 399
572 Examples for ch 12 of obligations under s 525. . . . . . . . . . . . . . . 400
573 Example for ch 12 of protections under s 525 . . . . . . . . . . . . . . . 400
Subdivision 12 Examples for chapter 13
574 Examples for ch 13 of documents under s 525 . . . . . . . . . . . . . . 400
575 Examples for ch 13 of actions under s 525 . . . . . . . . . . . . . . . . . 401
576 Examples for ch 13 of obligations under s 525. . . . . . . . . . . . . . . 401
Subdivision 13 Examples for chapter 15
577 Example for ch 15 of documents under s 525 . . . . . . . . . . . . . . . 402
578 Example for ch 15 of actions under s 525 . . . . . . . . . . . . . . . . . . 402
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579 Examples for ch 15 of obligations under s 525. . . . . . . . . . . . . . . 402
580 Example for ch 15 of protections under s 525 . . . . . . . . . . . . . . . 402
Subdivision 14 Examples for chapter 17
581 Example for ch 17 of documents under s 525 . . . . . . . . . . . . . . . 403
582 Example for ch 17 of actions under s 525 . . . . . . . . . . . . . . . . . . 403
583 Examples for ch 17 of obligations under s 525. . . . . . . . . . . . . . . 403
584 Examples for ch 17 of protections under s 525 . . . . . . . . . . . . . . 403
Division 3 Transitional provisions relating to repealed Acts--general
matters
585 Div 3 prevails over div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
586 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
587 Existing inspectors under Chemical Usage (Agricultural and
Veterinary) Control Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
588 Existing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405
589 Existing forest officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
590 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
591 Existing permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
592 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
593 Declarations, directions, notices, orders and requests made by
the Minister or chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
594 Existing directions, notices and orders given by inspectors or
authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
595 Existing approvals and other authorities. . . . . . . . . . . . . . . . . . . . 409
596 Continuing obligation to give a person notice of existence of a
fact ........................................ 409
597 Proceedings for recovery of costs and charges . . . . . . . . . . . . . . 410
598 Proceedings for payment of compensation . . . . . . . . . . . . . . . . . 410
599 Existing guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
600 Record-keeping requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
601 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
602 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
603 Protection of officials from liability continues . . . . . . . . . . . . . . . . 412
604 Reviews and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
605 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . 413
Division 4 Transitional provisions about particular matters for
repealed provisions of Acts
Subdivision 1 Preliminary
606 Div 4 prevails over divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 414
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607 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414
Subdivision 2 Transitional provisions for Agricultural Standards Act 1994
608 Standards about agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
609 Persons appointed as analysts. . . . . . . . . . . . . . . . . . . . . . . . . . . 415
610 Destruction of agricultural requirement . . . . . . . . . . . . . . . . . . . . 415
Subdivision 3 Transitional provisions for Apiaries Act 1982
611 Delayed application of ch 6, pt 2 to registered beekeepers . . . . . 416
612 Permit granted under repealed Act, s 8 . . . . . . . . . . . . . . . . . . . . 416
613 Applications for permits, and existing permits, to bring bees or
hives into Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416
614 Classification of apiaries certificates . . . . . . . . . . . . . . . . . . . . . . 417
615 Encroachment of apiary class A upon another apiary . . . . . . . . . 417
616 Permit to establish apiary--repealed Act, s 13(2) . . . . . . . . . . . . 417
617 Continuing obligation to give chief executive notice of sale of
apiary or part of apiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
618 Marking or branding of hives . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
619 Lodging returns and furnishing lists under the repealed Act, s 27 418
Subdivision 4 Transitional provisions for Chemical Usage (Agricultural
and Veterinary) Control Act 1988
620 Notice to recall particular prescribed substances. . . . . . . . . . . . . 419
621 Notifying contaminants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
622 Dealing with prescribed substances relating to contaminants . . . 420
623 Approvals relating to contaminants . . . . . . . . . . . . . . . . . . . . . . . 421
624 Destruction of things relating to contaminants . . . . . . . . . . . . . . . 422
Subdivision 5 Transitional provisions for Diseases in Timber Act 1975
625 Notice given to occupier or owner after declaration of infected
area ........................................ 422
Subdivision 6 Transitional provisions for Exotic Diseases in Animals Act
1981
626 Infected premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
627 Notifications of restricted areas . . . . . . . . . . . . . . . . . . . . . . . . . . 424
628 Existing licences for restricted movements . . . . . . . . . . . . . . . . . 424
Subdivision 7 Transitional provisions for Fisheries Act 1994
629 Declared disease relating to contaminant . . . . . . . . . . . . . . . . . . 425
630 Declared disease relating to residue other than contaminant . . . 426
631 Declared quarantine area relating to contaminant . . . . . . . . . . . . 426
632 Declared quarantine area relating to residue other than
contaminant .................................. 427
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633 Emergency disease or quarantine declaration relating to
contaminant ..................................... 428
634 Emergency disease or quarantine declaration relating to residue
other than contaminant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
Subdivision 8 Transitional provisions for Land Protection (Pest
Management) Act 2002
635 Existing pest management plans . . . . . . . . . . . . . . . . . . . . . . . . . 431
636 Preparing, reviewing, renewing and amending pest
management plans .............................. 431
637 Existing emergency pest notices . . . . . . . . . . . . . . . . . . . . . . . . . 432
638 Existing agreement to make opening in declared pest fence . . . . 433
639 Notice directing restoration of declared pest fence . . . . . . . . . . . 433
640 Pest control notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
641 Register of pest control and entry notices . . . . . . . . . . . . . . . . . . 434
642 Emergency quarantine notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 434
643 Dissolution of pest operational boards . . . . . . . . . . . . . . . . . . . . . 435
644 Existing employees of pest operational boards . . . . . . . . . . . . . . 436
645 Authorised persons appointed by pest operational board . . . . . . 437
646 Existing pest survey programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
Subdivision 9 Transitional provisions for Plant Protection Act 1989
647 Existing pest declarations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
648 Declarations of pest quarantine areas . . . . . . . . . . . . . . . . . . . . . 439
649 Undertaking instead of declaration of pest quarantine area. . . . . 441
650 Approved plant declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
651 Keeping of business documents. . . . . . . . . . . . . . . . . . . . . . . . . . 442
652 Existing pest surveillance programs . . . . . . . . . . . . . . . . . . . . . . . 443
653 Intergovernmental agreements and assurance certificates . . . . . 443
654 Governmental and industry cost sharing agreements . . . . . . . . . 444
Subdivision 10 Transitional provisions for Stock Act 1915
655 Stock Diseases Compensation and Stock Improvement Fund. . . 444
656 Certificates of health for stock . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
657 Existing emergency disease notices . . . . . . . . . . . . . . . . . . . . . . 445
658 Notifications of infected and declared areas. . . . . . . . . . . . . . . . . 446
659 Quarantine and undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
660 Registration of registrable places and PICs . . . . . . . . . . . . . . . . . 447
661 Existing approvals for particular places to remain unregistered . . 449
662 Approved tags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
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Contents
663 Existing warranties implied on sale of stock . . . . . . . . . . . . . . . . . 449
664 Travel permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
665 Approvals for particular types of stock movement . . . . . . . . . . . . 451
666 Miscellaneous approvals given by chief inspector . . . . . . . . . . . . 451
667 Disease eradication programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
668 Agreements in relation to disease eradication programs . . . . . . . 452
Division 5 Regulation-making power for transitional purposes
669 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 452
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and
Veterinary) Control Act 1988
670 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
671 Amendment of s 6 (Maximum residue limit) . . . . . . . . . . . . . . . . . 453
672 Replacement of s 15 (Chemical residues to be notified) . . . . . . . 454
15 General requirement to report chemical residues in
relevant thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
15A Requirement for particular persons to report
chemical residues in relation to trade species
animals ............................. 455
673 Amendment of s 16 (Agricultural produce etc. containing
chemical residues not to be used etc.). . . . . . . . . . . . . . . . . . . . . 456
674 Amendment of s 17 (Approval to use etc. agricultural produce
etc. or cultivate plants on land). . . . . . . . . . . . . . . . . . . . . . . . . . . 457
675 Amendment of s 18 (Destruction of agricultural produce etc. at
direction of chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
676 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
19A Deciding chemical residue status in relation to
registered biosecurity entity . . . . . . . . . . . . . . . . . . . . 460
677 Amendment of s 20 (Powers of inspectors) . . . . . . . . . . . . . . . . . 461
678 Amendment of s 25 (Obstruction of inspector). . . . . . . . . . . . . . . 462
679 Amendment of s 26 (Tampering with seals, samples, etc.) . . . . . 462
680 Amendment of s 34 (Evidence, etc.) . . . . . . . . . . . . . . . . . . . . . . 463
681 Amendment of s 38 (Regulation-making power) . . . . . . . . . . . . . 463
682 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 464
Part 2 Amendment of Fisheries Act 1994
683 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
684 Amendment of s 3A (How particular purposes are to be
primarily achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
685 Amendment of s 8 (Meaning of marine plant) . . . . . . . . . . . . . . . 465
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Contents
686 Amendment of s 20 (Chief executive's functions). . . . . . . . . . . . . 466
687 Amendment of pt 5, div 5, hdg (Noxious and non-indigenous
fisheries resources and aquaculture fish). . . . . . . . . . . . . . . . . . . 466
688 Omission of s 89 (Noxious fisheries resources not to be
possessed, released etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
689 Amendment of s 92 (Duty of person who takes or possesses
noxious or non-indigenous fisheries resources) . . . . . . . . . . . . . . 466
690 Amendment of s 93 (Recovery of costs of removing noxious
fisheries resources etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
691 Omission of pt 5, div 6 (Diseased fisheries resources) . . . . . . . . 467
692 Amendment of s 108 (Order for taking and removing, or
destroying, noxious, non-indigenous or diseased fisheries
resources or aquaculture fish) . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
693 Amendment of s 109 (Order to stop or delay escape of noxious,
non-indigenous or diseased fisheries resources or aquaculture
fish) .......................................... 467
694 Amendment of s 145 (Entry to places) . . . . . . . . . . . . . . . . . . . . . 467
695 Amendment of s 159 (Inspector may dispose of fisheries
resources taken unlawfully) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
696 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 468
Part 3 Amendment of other Acts
697 Acts amended in sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
Schedule 1 Prohibited matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
Schedule 2 Restricted matter and categories . . . . . . . . . . . . . . . . . . . . . . 489
Schedule 3 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
Amendment of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
Animal Care and Protection Act 2001 . . . . . . . . . . . . . . . . . . . . . 496
Brands Act 1915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . 497
Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . 498
Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 498
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . 500
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Public Interest Disclosure Act 2010 . . . . . . . . . . . . . . . . . . . . . . . 501
Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 502
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . 503
Veterinary Surgeons Act 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
Page 28
Biosecurity Bill 2011
Contents
Water Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504
Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
Page 29
2011
A Bill
for
An Act to provide for a flexible and responsive biosecurity
framework to prevent or minimise adverse effects of exotic or
endemic pests and diseases and contaminants on human
health, social amenity, the economy and the environment, to
repeal the Agricultural Standards Act 1994, the Apiaries Act
1982, the Diseases in Timber Act 1975, the Exotic Diseases in
Animals Act 1981, the Land Protection (Pest Management) Act
2002, the Plant Protection Act 1989 and the Stock Act 1915, to
amend the Chemical Usage (Agricultural and Veterinary)
Control Act 1988 and the Fisheries Act 1994, and to make minor
and consequential amendments of the Acts mentioned in
schedule 3
Biosecurity Bill 2011
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Biosecurity Act 2011. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Purposes of Act and achieving 8
the purposes 9
3 Purposes of Act 10
(1) The main purposes of this Act are as follows-- 11
(a) to provide a framework for an effective biosecurity 12
system for Queensland that-- 13
(i) helps to minimise biosecurity risks; and 14
(ii) facilitates responding to impacts on a biosecurity 15
consideration, including responding to biosecurity 16
events, in a timely and effective way; 17
(b) to ensure the safety and quality of animal feed, 18
fertilisers and other agricultural inputs; 19
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 2 Purposes of Act and achieving the purposes
[s 4]
(c) to help align responses to biosecurity risks in the State 1
with national and international obligations and 2
requirements for accessing markets for animal and plant 3
produce, including live animals and plants. 4
(2) It is also a purpose of this Act to manage risks associated with 5
the following-- 6
(a) emerging, endemic and exotic pests and diseases that 7
impact on-- 8
(i) plant and animal industries, including agriculture, 9
aquaculture, horticulture, fisheries and forestry 10
industries; or 11
(ii) the built environment; or 12
(iii) companion or leisure animals; or 13
(iv) biodiversity and the natural environment; or 14
(v) tourism, lifestyle and pleasure industries; or 15
(vi) infrastructure and service industries, including 16
power, communication, shipping and water 17
supplies; 18
(b) the transfer of diseases from animals to humans and 19
from humans to animals; 20
(c) biological, chemical and physical contaminants in 21
carriers. 22
(3) In this section-- 23
built environment means the environment, but having 24
particular regard to the qualities and characteristics of 25
locations, places and areas arising out of the existence of 26
buildings and other examples of human activity. 27
4 How purposes are primarily achieved 28
The purposes of this Act are to be achieved primarily by-- 29
(a) imposing a general obligation on persons to prevent or 30
minimise the impact of biosecurity risks on human 31
Page 33
Biosecurity Bill 2011
Chapter 1 Preliminary
Part 3 Application and operation of Act
[s 5]
health, social amenity, the economy and the 1
environment (each a biosecurity consideration); and 2
(b) regulating activities involving biosecurity matter or 3
carriers; and 4
(c) including in risk-based decision-making under this Act 5
the principle that lack of full scientific certainty should 6
not be used as a reason to postpone taking action to 7
prevent a biosecurity event or to postpone a response to 8
a biosecurity risk; and 9
(d) providing for flexible and timely ways of minimising 10
and mitigating biosecurity risks; and 11
(e) providing for monitoring and enforcement of 12
compliance with this Act; and 13
(f) providing for codes of practice relating to a person's 14
obligations under this Act; and 15
(g) providing for the chief executive to make guidelines or 16
policies about the application of this Act and how a 17
person may comply with obligations imposed under this 18
Act; and 19
(h) providing for a framework that improves the capacity of 20
local governments, industry and the community 21
generally to respond to biosecurity risks. 22
Part 3 Application and operation of 23
Act 24
5 Scope of Act generally 25
This Act includes within its scope-- 26
(a) acts and omissions on or in land and waters of the State 27
in relation to biosecurity matter that may pose a 28
biosecurity risk; and 29
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 3 Application and operation of Act
[s 6]
(b) any dealing with prohibited matter, restricted matter or 1
carriers that may pose a biosecurity risk. 2
6 Act binds all persons 3
(1) This Act binds all persons, including the State and, to the 4
extent the legislative power of the Parliament permits, the 5
Commonwealth and the other States. 6
(2) However, the Commonwealth or a State can not be prosecuted 7
for an offence against this Act. 8
7 General application of Act to ships 9
(1) This section states the application of this Act to ships in 10
Queensland waters and ships in waters beyond the outer limit 11
of Queensland waters (other waters). 12
(2) This Act applies to-- 13
(a) a ship in Queensland waters; and 14
(b) to the extent this Act applies in other waters, including, 15
for example, under the Crimes at Sea Act 2001--a ship 16
in other waters if the ship is travelling from a place in 17
Queensland to another place in Queensland. 18
(3) This Act does not apply to-- 19
(a) a ship in other waters if the ship is travelling from a 20
place outside of Queensland to another place outside of 21
Queensland; or 22
(b) a ship of the Australian Defence Force or of a defence 23
force of another country. 24
8 Relationship with particular Acts 25
(1) This Act is in addition to, and does not limit, any other Act. 26
(2) If this Act is inconsistent with an Act as follows, that Act 27
prevails, but only to the extent of the inconsistency-- 28
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 3 Application and operation of Act
[s 9]
(a) Biological Control Act 1987; 1
(b) Food Act 2006; 2
(c) Food Production (Safety) Act 2000; 3
(d) Gene Technology Act 2001; 4
(e) Public Health Act 2005. 5
(3) Subject to subsection (4), this Act does not affect the 6
application of a relevant Act. 7
(4) A person who does an act authorised under chapter 5, part 1 or 8
2 or an inspector, a person directed by an inspector or a person 9
authorised by an inspector who takes steps under chapter 9, 10
part 3 is taken not to commit an offence under a relevant Act 11
only because of doing the act or taking the steps. 12
(5) The Neighbourhood Disputes Resolution Act 2011, chapter 2 13
does not apply in relation to a declared pest fence. 14
(6) In this section-- 15
relevant Act means any of the following-- 16
(a) Fisheries Act 1994; 17
(b) Forestry Act 1959; 18
(c) Nature Conservation Act 1992; 19
(d) Vegetation Management Act 1999. 20
9 Contravention of this Act does not create civil cause of 21
action 22
No provision of this Act creates a civil cause of action based 23
on a contravention of the provision. 24
10 Act does not affect other rights or remedies 25
(1) This Act does not affect or limit a civil right or remedy that 26
exists apart from this Act, whether at common law or 27
otherwise. 28
Page 36
Biosecurity Bill 2011
Chapter 1 Preliminary
Part 4 Interpretation
[s 11]
(2) Without limiting subsection (1), compliance with this Act 1
does not necessarily show that a civil obligation that exists 2
apart from this Act has been satisfied or has not been 3
breached. 4
11 Community involvement in administration of Act 5
This Act is to be administered, as far as practicable, in 6
consultation with, and having regard to the views and interests 7
of, public sector entities, local governments, industry, 8
Aborigines and Torres Strait Islanders under Aboriginal 9
tradition and Island custom, interested groups and persons and 10
the community generally. 11
Part 4 Interpretation 12
Division 1 Dictionary 13
12 Definitions 14
The dictionary in schedule 4 defines particular words used in 15
this Act. 16
Division 2 Key concepts and definitions 17
13 What is a biosecurity event 18
A biosecurity event is an event comprising something that-- 19
(a) has happened, is happening or may happen; and 20
(b) has had, is having or may have a significant adverse 21
effect on a biosecurity consideration; and 22
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 4 Interpretation
[s 14]
(c) was or is being caused by, or may be or may have been 1
caused by, biosecurity matter. 2
Examples-- 3
1 A horse has died and it has been confirmed that the death was 4
caused by the Hendra virus infection. This may have a significant 5
adverse effect on human health. 6
2 There has been a suspected outbreak of foot and mouth disease in 7
another State that may spread to the State and may have a 8
significant adverse effect on the economy. 9
14 What is biosecurity matter 10
(1) Biosecurity matter is-- 11
(a) any living thing, other than a human or part of a human; 12
or 13
(b) a prion, or other thing prescribed under a regulation, that 14
can cause disease in-- 15
(i) an animal; or 16
(ii) a human, by the transmission of the prion or other 17
thing from an animal to the human; or 18
(c) a disease; or 19
(d) a contaminant. 20
(2) If biosecurity matter has a life cycle, a reference in this Act to 21
the biosecurity matter includes a reference to the biosecurity 22
matter at each stage of its life cycle. 23
Examples of stages of the life cycle for particular biosecurity matter-- 24
egg, larva, pupa, adult 25
(3) If schedule 1 or 2, a prohibited matter regulation, a restricted 26
matter regulation, a biosecurity zone regulatory provision or a 27
movement control order states a common name for 28
biosecurity matter, it is sufficient in a provision of this Act to 29
refer to the biosecurity matter by the common name. 30
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 4 Interpretation
[s 15]
15 What is a biosecurity risk 1
A biosecurity risk is a risk of any adverse effect on a 2
biosecurity consideration caused by, or likely to be caused 3
by-- 4
(a) biosecurity matter; or 5
(b) dealing with biosecurity matter or a carrier; or 6
(c) carrying out an activity relating to biosecurity matter or 7
a carrier. 8
16 What is a carrier 9
(1) A carrier is any animal or plant, or part of any animal or 10
plant, or any other thing-- 11
(a) capable of moving biosecurity matter attached to, or 12
contained in, the animal, plant or other thing from a 13
place to another place; or 14
(b) containing biosecurity matter that may attach to or enter 15
another animal or plant, or part of another animal or 16
plant, or another thing. 17
(2) In this section-- 18
thing-- 19
(a) means a thing, whether alive, dead or inanimate; and 20
(b) includes a human. 21
17 What is a contaminant 22
(1) A contaminant is anything that may be harmful to animal or 23
plant health or pose a risk of any adverse effect on a 24
biosecurity consideration. 25
(2) The presence of a contaminant in a carrier may be harmful to 26
any animal or plant, or part of an animal or plant, that the 27
carrier attaches to or enters. 28
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Biosecurity Bill 2011
Chapter 1 Preliminary
Part 4 Interpretation
[s 18]
(3) The presence of a contaminant in a carrier may be caused 1
by-- 2
(a) manufacturing, packaging, packing, preparing, 3
processing, producing, storing, treating or transporting 4
the carrier; or 5
(b) environmental contamination of the carrier. 6
Examples of a contaminant-- 7
· pathogenic bacteria in irrigation water 8
· environmental contaminants, including dioxins and residual 9
organochlorine pesticides and nanoparticles 10
· heavy metals in fertilisers and animal feed 11
· waste from industrial and mining activities, including waste 12
containing asbestos, heavy metals or radioactive material 13
· weed seeds 14
18 What is prohibited matter 15
Prohibited matter is biosecurity matter that, for the time 16
being, is established as prohibited matter under chapter 2. 17
19 Prohibited matter criteria 18
Biosecurity matter satisfies the prohibited matter criteria if-- 19
(a) the biosecurity matter is not currently present or known 20
to be present in the State; and 21
(b) there are reasonable grounds to believe that if it did 22
enter the State or part of the State the biosecurity matter 23
may have a significant adverse effect on a biosecurity 24
consideration. 25
Example of significant adverse effect on a biosecurity consideration-- 26
The entry of particular biosecurity matter into the State may have a 27
significant adverse effect on the economy if, for the purposes of trade in 28
or market access for a product, there were to be imposed a requirement 29
to prove that the product is free from the biosecurity matter. 30
Page 40
Biosecurity Bill 2011
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
[s 20]
20 What is restricted matter 1
(1) Restricted matter is biosecurity matter that, for the time 2
being, is established as restricted matter under chapter 2. 3
(2) Restricted matter has the category number or numbers 4
assigned to it in schedule 2 or in the restricted matter 5
regulation that, under chapter 2, provides for its establishment 6
as restricted matter. 7
(3) A reference in this Act to restricted matter of a particular 8
category number is a reference to restricted matter that is 9
assigned that category number in schedule 2 or the restricted 10
matter regulation. 11
21 Restricted matter criteria 12
Biosecurity matter satisfies the restricted matter criteria if-- 13
(a) the biosecurity matter is currently present in the State; 14
and 15
(b) there are reasonable grounds to believe that, if 16
restrictions under this Act are not imposed on the 17
biosecurity matter to reduce, control or contain it, it may 18
have an adverse effect on a biosecurity consideration. 19
Chapter 2 Significant obligations and 20
offences 21
Part 1 General biosecurity obligation 22
22 What is a general biosecurity obligation 23
(1) This section applies to a person who deals with biosecurity 24
matter or a carrier, or carries out an activity, if the person 25
knows or ought reasonably to know that the biosecurity 26
Page 41
Biosecurity Bill 2011
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
[s 22]
matter, carrier or activity poses or is likely to pose a 1
biosecurity risk. 2
(2) The person has an obligation (a general biosecurity 3
obligation) to take all reasonable and practical measures to 4
prevent or minimise the biosecurity risk. 5
(3) Also, the person has an obligation (also a general biosecurity 6
obligation)-- 7
(a) to prevent or minimise adverse effects on a biosecurity 8
consideration of the person's dealing with the 9
biosecurity matter or carrier or carrying out the activity; 10
and 11
(b) to minimise the likelihood of causing a biosecurity 12
event, or to limit the consequences of a biosecurity event 13
caused, by dealing with the biosecurity matter or carrier 14
or carrying out the activity; and 15
(c) not to do or omit to do something if the person knows or 16
ought reasonably to know that doing or omitting to do 17
the thing may exacerbate the adverse effects, or 18
potential adverse effects, of the biosecurity matter, 19
carrier or activity on a biosecurity consideration. 20
Examples of things that may exacerbate the adverse effects, or potential 21
adverse effects, of biosecurity matter, a carrier or an activity-- 22
· failing to isolate an infected animal from a herd 23
· failing to wash footwear before leaving a property on which anthrax 24
is present 25
· inappropriately disposing of leaf litter containing a plant virus or 26
disease 27
· failing to take reasonable steps to reduce contaminants in plants and 28
animals, including, for example, by allowing designated animals 29
(not including bees) to graze on land contaminated with heavy 30
metals or by using water that may contain a contaminant to irrigate 31
crops 32
· failing to manage the impact of invasive plants and animals on a 33
person's land 34
Page 42
Biosecurity Bill 2011
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
[s 23]
23 General biosecurity obligation offence provision 1
(1) A person on whom a general biosecurity obligation is 2
imposed must discharge the obligation. 3
Maximum penalty-- 4
(a) if the offence is an aggravated offence--3000 penalty 5
units or 3 years imprisonment; or 6
(b) if the offence is not an aggravated offence-- 7
(i) for a breach in relation to prohibited matter--1000 8
penalty units or 1 year's imprisonment; or 9
(ii) for a breach in relation to restricted matter--750 10
penalty units or 6 months imprisonment; or 11
(iii) otherwise--500 penalty units. 12
(2) If the offence is not an aggravated offence, it is a defence for 13
the person to show that the person had a reasonable excuse for 14
failing to discharge the obligation. 15
24 Effect of regulation for discharge of general biosecurity 16
obligation 17
(1) This section applies if a provision of a regulation (regulation 18
provision) is identified in the regulation as a provision that 19
prescribes a way of discharging a person's general biosecurity 20
obligation. 21
(2) Unless otherwise stated in the regulation, the regulation 22
provision does not prescribe all that a person to whom the 23
provision applies must do, or must not do, to discharge the 24
general biosecurity obligation. 25
(3) However, for applying the general biosecurity obligation 26
offence provision, the person fails to discharge the general 27
biosecurity obligation if the person contravenes the regulation 28
provision. 29
Page 43
Biosecurity Bill 2011
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
[s 25]
25 Effect of code of practice for discharge of general 1
biosecurity obligation 2
(1) This section applies if a code of practice states a way of 3
discharging a person's general biosecurity obligation. 4
(2) Unless otherwise stated in the code of practice, the code of 5
practice does not state all that a person to whom the code of 6
practice applies must do, or must not do, to discharge the 7
person's general biosecurity obligation. 8
(3) However, for applying the general biosecurity obligation 9
offence provision, the person fails to discharge the general 10
biosecurity obligation if the person-- 11
(a) contravenes, or otherwise acts inconsistently with, the 12
code of practice; and 13
(b) does not follow a way that is as effective as, or more 14
effective than, the code of practice for discharging the 15
general biosecurity obligation. 16
(4) Also, for applying the general biosecurity obligation offence 17
provision, if a regulation requires a person to comply with the 18
whole or a stated part of a code of practice to discharge the 19
person's biosecurity obligation, the person fails to discharge 20
the general biosecurity obligation if the person contravenes, 21
or otherwise acts inconsistently with, the code of practice or 22
stated part. 23
26 Aggravated offences--significant damage to health and 24
safety of people or to the economy or environment 25
(1) An offence is an aggravated offence if the commission of the 26
offence causes significant damage, or is likely to cause 27
significant damage, to the health and safety of people or to the 28
economy or the environment. 29
(2) To prove an aggravated offence, the prosecution must prove 30
that the person who committed the offence-- 31
Page 44
Biosecurity Bill 2011
Chapter 2 Significant obligations and offences
Part 1 General biosecurity obligation
[s 27]
(a) intended the person's conduct to cause significant 1
damage to the health and safety of people or to the 2
economy or the environment; or 3
(b) was reckless as to whether the conduct would cause 4
significant damage to the health and safety of people or 5
to the economy or the environment. 6
27 Defence of due diligence 7
(1) In a proceeding for an offence against the general biosecurity 8
obligation offence provision, it is a defence for a person to 9
prove that the person took all reasonable precautions and 10
exercised proper diligence to prevent the commission of the 11
offence by the person or by another person under the person's 12
control. 13
(2) Without limiting the ways in which a person proves the matter 14
stated in subsection (1), a person proves the matter if the 15
person proves that-- 16
(a) the conduct alleged to constitute the offence was due 17
to-- 18
(i) an act or default of another person; or 19
(ii) reliance on information supplied by another 20
person; and 21
(b) the person made all reasonable enquiries about-- 22
(i) whether any animal, plant or other thing was the 23
carrier of prohibited matter or restricted matter the 24
subject of the offence alleged; and 25
(ii) any necessary treatments that may be required for 26
any carrier of any biosecurity matter to rid the 27
carrier of the biosecurity matter; and 28
(c) any of the following applied-- 29
(i) the person carried out all checks on the health of 30
any biosecurity matter or carrier of any biosecurity 31
matter as were reasonable in all the circumstances; 32
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(ii) if another person carried out checks on the health 1
of any biosecurity matter or carrier of any 2
biosecurity matter, it was reasonable in all the 3
circumstances to rely on the checks carried out by 4
the other person; 5
Example-- 6
checks carried out by a veterinary surgeon 7
(iii) it was reasonable in all the circumstances to rely on 8
checks carried out by another person who supplied 9
any biosecurity matter or carrier of any biosecurity 10
matter to the person; and 11
(d) the person took the precautions that were reasonable in 12
all the circumstances to prevent the spread of any 13
biosecurity matter. 14
(3) Also, without limiting the ways in which a person proves the 15
matter stated in subsection (1) or (2)(c)(i), a person proves the 16
matter if the person proves that-- 17
(a) if a regulation prescribes a way in which a person's 18
general biosecurity obligation can be discharged to 19
prevent or minimise a biosecurity risk posed by the 20
relevant biosecurity matter or carrier of the biosecurity 21
matter--the person followed the prescribed way; or 22
(b) if a code of practice states a way in which a person's 23
general biosecurity obligation can be discharged to 24
prevent or minimise a biosecurity risk posed by the 25
relevant biosecurity matter or carrier of the biosecurity 26
matter--the person adopted and followed the stated 27
way. 28
(4) This section is not intended to exclude the operation of the 29
Criminal Code, section 24. 30
(5) In subsection (2)(a) and (c)-- 31
another person does not include a following person-- 32
(a) an employee or agent of the defendant; 33
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[s 28]
(b) in the case of a defendant that is a body corporate, a 1
director, employee or agent of the defendant. 2
Part 2 Prohibited matter 3
Division 1 Establishing what is prohibited 4
matter 5
28 Basic prohibited matter declaration provision 6
(1) Biosecurity matter mentioned in schedule 1 is prohibited 7
matter. 8
(2) However, the operation of subsection (1) may be affected by a 9
prohibited matter regulation or an emergency prohibited 10
matter declaration. 11
29 Prohibited matter regulation 12
(1) A regulation (a prohibited matter regulation) may-- 13
(a) declare that particular biosecurity matter not mentioned 14
in schedule 1 is prohibited matter; or 15
(b) declare that particular biosecurity matter mentioned in 16
schedule 1, or declared to be prohibited matter under an 17
emergency prohibited matter declaration, is no longer 18
prohibited matter. 19
(2) The Minister may recommend to the Governor in Council the 20
making of a regulation under subsection (1)(a) only if the 21
Minister is satisfied that-- 22
(a) the biosecurity matter satisfies the prohibited matter 23
criteria as provided for in section 19; and 24
(b) prompt action is required to declare the biosecurity 25
matter to be prohibited matter. 26
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(3) The Minister may recommend to the Governor in Council the 1
making of a regulation under subsection (1)(b) only if the 2
Minister is satisfied that-- 3
(a) 1 or more of the following applies-- 4
(i) the biosecurity matter is no longer contained and 5
can not be eradicated; 6
(ii) the biosecurity matter has spread and is in a large 7
area of the State; 8
(iii) the rate of spread of the biosecurity matter means 9
that it is likely to spread over a large area of the 10
State; 11
(iv) for some other reason, it is no longer practical, or it 12
is otherwise no longer appropriate, for the 13
biosecurity matter to be subject to the provisions of 14
this Act relating to prohibited matter; and 15
(b) prompt action is required to declare the biosecurity 16
matter not to be prohibited matter. 17
(4) A prohibited matter regulation that declares biosecurity matter 18
mentioned in schedule 1 no longer to be prohibited matter 19
may also declare the biosecurity matter to be restricted matter. 20
30 Chief executive may make emergency prohibited matter 21
declaration 22
(1) The chief executive may, by notice signed by the chief 23
executive (an emergency prohibited matter declaration)-- 24
(a) declare any of the following to be prohibited matter-- 25
(i) biosecurity matter not mentioned in schedule 1; 26
(ii) biosecurity matter declared under a prohibited 27
matter regulation no longer to be prohibited matter; 28
or 29
Note-- 30
Subsection (1)(a)(ii) allows biosecurity matter that is 31
included in schedule 1, but that a prohibited matter 32
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[s 30]
regulation has declared to be no longer prohibited matter, 1
to be urgently re-established as prohibited matter. 2
(b) declare that particular biosecurity matter mentioned in 3
schedule 1, or declared to be prohibited matter, under a 4
prohibited matter regulation, is no longer prohibited 5
matter. 6
(2) The chief executive may make an emergency prohibited 7
matter declaration under subsection (1)(a) only if the chief 8
executive is satisfied that-- 9
(a) the biosecurity matter satisfies the prohibited matter 10
criteria as provided for in section 19; and 11
(b) urgent action is required to declare the biosecurity 12
matter to be prohibited matter. 13
(3) The chief executive may make an emergency prohibited 14
matter declaration under subsection (1)(b) only if the chief 15
executive is satisfied that-- 16
(a) 1 or more of the following applies-- 17
(i) the biosecurity matter is no longer contained and 18
can not be eradicated; 19
(ii) the biosecurity matter has spread and is in a large 20
area of the State; 21
(iii) the rate of spread of the biosecurity matter means 22
that it is likely to spread over a large area of the 23
State; 24
(iv) for some other reason, it is no longer practical, or it 25
is otherwise no longer appropriate, for the 26
biosecurity matter to be subject to the provisions of 27
this Act relating to prohibited matter; and 28
(b) urgent action is required to declare the biosecurity 29
matter not to be prohibited matter. 30
(4) The chief executive must publish an emergency prohibited 31
matter declaration in full on the department's website 32
contemporaneously with the making of the declaration, or, if 33
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[s 31]
that is not practicable, with the least practicable delay after the 1
declaration is made. 2
(5) As soon as practicable after making an emergency prohibited 3
matter declaration, the chief executive must-- 4
(a) publish in the gazette a notice of the making of the 5
declaration, the day the declaration started, a description 6
of the biosecurity matter the subject of the declaration 7
and the places where a copy of the declaration may be 8
obtained; and 9
(b) take all reasonable steps to ensure that persons likely to 10
be directly affected by the declaration are made aware of 11
the making of the declaration, including, for example, 12
by some or all of the following-- 13
(i) advertising in newspapers, on radio and on 14
television; 15
(ii) electronically using emails and text messages; 16
(iii) automated telephoning. 17
(6) An emergency prohibited matter declaration is not invalid 18
only because of a failure of the chief executive to comply with 19
subsection (4) or (5). 20
31 Matters for inclusion in emergency prohibited matter 21
declaration 22
An emergency prohibited matter declaration must include 23
provisions that state-- 24
(a) a description of the biosecurity matter the subject of the 25
declaration; and 26
(b) when the declaration starts; and 27
(c) when the declaration expires if it is not sooner revoked. 28
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[s 32]
32 Effect and duration of emergency prohibited matter 1
declaration 2
(1) An emergency prohibited matter declaration has effect from 3
when it is made. 4
(2) Unless it is sooner revoked, an emergency prohibited matter 5
declaration stays in force until the earlier of the following to 6
happen-- 7
(a) 3 months elapse after publication of the gazette notice; 8
(b) a prohibited matter regulation comes into force that 9
deals with the biosecurity matter the subject of the 10
emergency prohibited matter declaration. 11
33 Requirement for both prohibited matter regulation and 12
emergency prohibited matter declaration to classify new 13
prohibited matter 14
A prohibited matter regulation or emergency prohibited 15
matter declaration that declares biosecurity matter to be 16
prohibited matter must also declare in which part of schedule 17
1 the prohibited matter may be taken to be included. 18
34 Up-to-date listing of all prohibited matter to be available 19
on the department's website 20
The Minister must keep on the department's website an 21
up-to-date list of all biosecurity matter that is for the time 22
being prohibited matter. 23
Division 2 Obligations relating to prohibited 24
matter 25
35 Reporting presence of prohibited matter 26
(1) This section applies to a person if the person becomes aware 27
of the presence of biosecurity matter that is prohibited matter, 28
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[s 35]
or that the person believes or ought reasonably to believe is 1
prohibited matter-- 2
(a) at a place of which the person is an occupier; or 3
(b) in the person's possession or under the person's control; 4
or 5
(c) in or on a carrier at a place of which the person is an 6
occupier; or 7
(d) in or on a carrier in the person's possession or under the 8
person's control. 9
(2) If the person is not aware that any inspector has been advised, 10
or has otherwise become aware, of the presence of the 11
biosecurity matter, the person must advise an inspector of the 12
presence of the biosecurity matter as soon as reasonably 13
practicable, but not more than 24 hours, after becoming aware 14
as mentioned in subsection (1). 15
Maximum penalty--1000 penalty units or 1 year's 16
imprisonment. 17
(3) However, the person is not required to advise an inspector 18
under subsection (2) if-- 19
(a) the biosecurity matter is in the possession of a person, or 20
is otherwise under a person's control, under a prohibited 21
matter permit; or 22
(b) the biosecurity matter is in the lawful possession of a 23
person, or is otherwise under a person's lawful control, 24
under another Act or a law of the Commonwealth. 25
(4) Also, the person is not required to advise an inspector under 26
subsection (2) if the person becomes aware, before the person 27
would otherwise be required to advise an inspector under the 28
subsection, that advice of the presence of the biosecurity 29
matter has been given to an inspector by another person. 30
Example-- 31
A person would not be required to advise an inspector of the presence of 32
prohibited matter in 1 of the person's animals if the veterinary surgeon 33
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Chapter 2 Significant obligations and offences
Part 2 Prohibited matter
[s 36]
who diagnosed the presence of the prohibited matter advised an 1
inspector about it as soon as the diagnosis was made. 2
(5) The person must not take any action reasonably likely to 3
exacerbate, and must take any action reasonably likely to 4
minimise, the biosecurity risk posed by the prohibited matter. 5
Maximum penalty--1500 penalty units or 1 year's 6
imprisonment. 7
36 Dealing with prohibited matter 8
(1) A person must not deal with prohibited matter. 9
Maximum penalty--1000 penalty units or 1 year's 10
imprisonment. 11
(2) A person does not commit an offence against subsection (1) 12
only because the person advises an inspector under this part 13
about the discovery of prohibited matter. 14
(3) Subsection (1) does not apply to a dealing with prohibited 15
matter-- 16
(a) that is-- 17
(i) authorised under a prohibited matter permit; or 18
(ii) for the purposes of its seizure under chapter 9 as 19
evidence of the commission of an offence; or 20
(iii) authorised under another Act or a law of the 21
Commonwealth; or 22
(b) for which the person has a lawful excuse other than 23
under paragraph (a); or 24
(c) for which the person has a reasonable excuse. 25
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[s 37]
Part 3 Restricted matter 1
Division 1 Establishing what is restricted 2
matter 3
37 Basic restricted matter declaration provision 4
(1) Biosecurity matter mentioned in schedule 2 is restricted 5
matter. 6
(2) However, the operation of subsection (1) may be affected 7
by-- 8
(a) a restricted matter regulation; or 9
(b) a prohibited matter regulation, but only in the way 10
mentioned in part 2, division 1. 11
38 Restricted matter regulation 12
(1) A regulation (a restricted matter regulation) may-- 13
(a) declare that particular biosecurity matter not mentioned 14
in schedule 2 is restricted matter; or 15
(b) declare that particular biosecurity matter mentioned in 16
schedule 2 is no longer restricted matter. 17
(2) The Minister may recommend to the Governor in Council the 18
making of a regulation under subsection (1)(a) only if the 19
Minister is satisfied that-- 20
(a) the biosecurity matter may pose a biosecurity risk; and 21
(b) the biosecurity matter satisfies the restricted matter 22
criteria as provided for in section 21; and 23
(c) prompt action is required to declare the biosecurity 24
matter to be restricted matter. 25
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Chapter 2 Significant obligations and offences
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[s 39]
(3) The Minister may recommend to the Governor in Council the 1
making of a regulation under subsection (1)(b) only if the 2
Minister is satisfied that-- 3
(a) it is no longer practical, or it is otherwise no longer 4
appropriate, for biosecurity matter to be the subject of 5
the provisions of this Act relating to restricted matter; 6
and 7
(b) prompt action is required to declare the biosecurity 8
matter not to be restricted matter. 9
39 Requirement for restricted matter regulation to classify 10
new restricted matter 11
A restricted matter regulation that declares biosecurity matter 12
to be restricted matter-- 13
(a) must also declare in which particular provisions of 14
schedule 2 the restricted matter may be taken to be 15
included; and 16
(b) must assign a category number or category numbers to 17
the restricted matter. 18
40 Up-to-date listing of all restricted matter to be available 19
on the department's website 20
The Minister must keep on the department's website an 21
up-to-date list of all biosecurity matter that is for the time 22
being restricted matter. 23
Division 2 Obligations relating to restricted 24
matter 25
41 Reporting presence of category 1 or 2 restricted matter 26
(1) This section applies to a person if the person becomes aware 27
of the presence of biosecurity matter that is relevant restricted 28
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[s 41]
matter, or that the person believes or ought reasonably to 1
believe is relevant restricted matter-- 2
(a) at a place of which the person is an occupier; or 3
(b) in the person's possession or under the person's control; 4
or 5
(c) in or on a carrier at a place of which the person is an 6
occupier; or 7
(d) in or on a carrier in the person's possession or under the 8
person's control. 9
(2) If the person is not aware that any appropriate authorised 10
officer has been advised, or has otherwise become aware, of 11
the presence of the biosecurity matter, the person must advise 12
an appropriate authorised officer of the presence of the 13
biosecurity matter as soon as practicable, but not more than 24 14
hours, after becoming aware as mentioned in subsection (1). 15
Maximum penalty-- 16
(a) for a breach in relation to category 1 restricted 17
matter--750 penalty units or 6 months imprisonment; or 18
(b) for a breach in relation to category 2 restricted 19
matter--200 penalty units. 20
(3) However, the person is not required to advise an appropriate 21
authorised officer under subsection (2) if-- 22
(a) the biosecurity matter is in the possession of a person, or 23
is otherwise under a person's control, under a restricted 24
matter permit; or 25
(b) the biosecurity matter is in the lawful possession of a 26
person, or is otherwise under a person's lawful control, 27
under another Act or a law of the Commonwealth. 28
(4) Also, the person is not required to advise an appropriate 29
authorised officer under subsection (2) if the person becomes 30
aware, before the person would otherwise be required to 31
advise an appropriate authorised officer under the subsection, 32
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[s 42]
that advice of the presence of the biosecurity matter has been 1
given to an appropriate authorised officer by another person. 2
Example-- 3
A person would not be required to advise an appropriate authorised 4
officer of the presence of restricted matter in 1 of the person's animals if 5
the veterinary surgeon who diagnosed the presence of the restricted 6
matter advised an appropriate authorised officer about it as soon as the 7
diagnosis was made. 8
(5) The person must not take any action reasonably likely to 9
exacerbate, and must take any action reasonably likely to 10
minimise, the biosecurity risk posed by the restricted matter. 11
Maximum penalty--750 penalty units. 12
(6) In this section-- 13
appropriate authorised officer means-- 14
(a) if the biosecurity matter is or ought reasonably be 15
believed to be category 1 restricted matter--an 16
inspector; or 17
(b) if the biosecurity matter is or ought reasonably be 18
believed to be category 2 restricted matter--an 19
authorised person appointed by the chief executive. 20
relevant restricted matter means category 1 or category 2 21
restricted matter. 22
42 Releasing or disposing of category 7 restricted matter 23
(1) A person who has category 7 restricted matter in the person's 24
possession or under the person's control must not release into 25
the environment, or otherwise dispose of, the restricted matter 26
unless the release or disposal is-- 27
(a) performed in the way prescribed under a regulation; or 28
(b) authorised under a restricted matter permit; or 29
(c) performed by an authorised officer in the performance 30
of the authorised officer's functions under this Act. 31
Maximum penalty--500 penalty units. 32
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Chapter 2 Significant obligations and offences
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[s 43]
(2) A person who has anything infested with category 7 restricted 1
matter in the person's possession or under the person's control 2
must not release the thing into the environment, or otherwise 3
dispose of the thing unless the release or disposal is-- 4
(a) performed in the way prescribed under a regulation; or 5
(b) authorised under a restricted matter permit; or 6
(c) performed by an authorised officer in the performance 7
of the authorised officer's functions under this Act. 8
Maximum penalty--500 penalty units. 9
43 Requirement to kill or dispose of category 8 restricted 10
matter 11
(1) A person who has category 8 restricted matter in the person's 12
possession or under the person's control must kill the 13
restricted matter. 14
Maximum penalty--500 penalty units. 15
Note-- 16
A guideline could apply under chapter 4 about ways to humanely kill, 17
and appropriately dispose of, noxious fish. 18
(2) A person who has anything infested with, or that is a carrier 19
of, category 8 restricted matter in the person's possession or 20
under the person's control must dispose of the thing in the 21
way prescribed under a regulation. 22
Maximum penalty--500 penalty units. 23
(3) A person does not commit an offence against subsection (1) 24
if-- 25
(a) the restricted matter is in the possession of a person, or 26
is otherwise under a person's control, under a restricted 27
matter permit; or 28
(b) the restricted matter is in the lawful possession of a 29
person, or is otherwise under a person's lawful control, 30
under another Act or a law of the Commonwealth. 31
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[s 44]
(4) A person does not commit an offence against subsection (2) 1
if-- 2
(a) the thing is in the possession of a person, or is otherwise 3
under a person's control, under a restricted matter 4
permit; or 5
(b) the thing is in the lawful possession of a person, or is 6
otherwise under a person's lawful control, under another 7
Act or a law of the Commonwealth. 8
44 Offences about other categories of restricted matter 9
(1) A person must not do any of the following-- 10
(a) give or distribute to another person, whether by gift or 11
sale, category 3 restricted matter; 12
(b) engage in trade in category 3 restricted matter; 13
(c) move, or cause or allow to be moved, category 4 14
restricted matter; 15
(d) keep in the person's possession or under the person's 16
control category 5 restricted matter; 17
(e) give food to category 6 restricted matter. 18
Maximum penalty--500 penalty units. 19
(2) A person does not commit an offence against subsection (1) if 20
the person's action is authorised under-- 21
(a) a restricted matter permit; or 22
(b) another Act or a law of the Commonwealth. 23
(3) A person does not commit an offence against subsection 24
(1)(c), (d) or (e) if the person's action in relation to the 25
restricted matter is for the purposes of the restricted matter's 26
seizure under chapter 9 as evidence of the commission of an 27
offence. 28
(4) A person does not commit an offence under subsection (1)(c) 29
if the moving of the category 4 restricted matter is for the 30
purposes of its identification by-- 31
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Chapter 2 Significant obligations and offences
Part 4 Other offences
[s 45]
(a) for restricted matter that is an animal--Queensland 1
Museum; or 2
(b) for restricted matter that is a plant--Queensland 3
Herbarium. 4
(5) A person does not commit an offence under subsection (1)(d) 5
if the keeping of the category 5 restricted matter is for the 6
purposes of its identification by-- 7
(a) for restricted matter that is an animal--Queensland 8
Museum; or 9
(b) for restricted matter that is a plant--Queensland 10
Herbarium. 11
(6) A person does not commit an offence under subsection (1)(e) 12
if the feeding is under the direction of a local government and 13
is carried out in preparation for, or in the course of, baiting the 14
category 6 restricted matter. 15
Part 4 Other offences 16
45 Designated animals feeding on animal matter 17
(1) A person must not feed animal matter to a designated animal. 18
Maximum penalty--400 penalty units. 19
(2) A person does not commit an offence against subsection (1) 20
only because the person-- 21
(a) feeds animal matter that is meal to a designated animal, 22
other than a ruminant; or 23
(b) feeds animal matter to a designated animal in relation to 24
the lawful use of the designated animal for scientific 25
purposes under the Animal Care and Protection Act 26
2001, chapter 4; or 27
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[s 46]
(c) uses animal matter in a poisoned bait for killing a feral 1
pig. 2
(3) A person must take all reasonable steps to ensure a designated 3
animal does not feed on animal matter. 4
Maximum penalty--400 penalty units. 5
(4) A person does not commit an offence against subsection (3) 6
only because the person-- 7
(a) allows a designated animal, other than a ruminant, to 8
feed on animal matter that is meal; or 9
(b) allows a designated animal to feed on animal matter in 10
relation to the lawful use of the designated animal for 11
scientific purposes under the Animal Care and 12
Protection Act 2001, chapter 4; or 13
(c) uses animal matter in a poisoned bait for killing a feral 14
pig. 15
(5) This section does not apply to the feeding of bees. 16
46 Notifiable incidents 17
(1) This section applies to a person if-- 18
(a) the person becomes aware that an incident has 19
happened; and 20
(b) the person believes that the incident is a notifiable 21
incident, or ought reasonably to believe that the incident 22
is a notifiable incident; and 23
(c) the person has no grounds to believe that an inspector 24
has already been made aware of the happening of the 25
incident. 26
(2) The person must, unless the person has a reasonable excuse-- 27
(a) advise an inspector of the incident in accordance with 28
the requirements stated in this section; and 29
(b) otherwise comply with the requirements of this section 30
in relation to the incident. 31
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Maximum penalty--1000 penalty units. 1
(3) If practicable, the advice must be given to an inspector having 2
administrative responsibility in the area where the incident 3
happened. 4
(4) The advice must be given-- 5
(a) without delay, whether in the approved form or in 6
another way, including, for example, in person or by 7
telephone, or by email or another electronic means; and 8
(b) state enough particulars to identify the incident, its 9
nature and its location. 10
(5) The advice must be accompanied, or be followed as soon as 11
practicable, by any documents that reasonably relate to the 12
incident, including, for example, an analyst's report of 13
analysis showing the results of testing. 14
(6) The person must not take any action reasonably likely to 15
exacerbate, and must take any action reasonably likely to 16
minimise, the biosecurity risk posed by any biosecurity matter 17
or carrier the subject of the incident. 18
Example-- 19
The person must as far as practicable keep an infected animal, carcass or 20
animal product separate from animals, carcasses or animal products that 21
are not infected. 22
(7) In this section-- 23
incident includes event. 24
notifiable incident means-- 25
(a) a biosecurity event; or 26
(b) without limiting paragraph (a), the happening of any of 27
the following-- 28
(i) the appearance of blisters on the mouths or feet of 29
designated animals; 30
(ii) an abnormally high mortality rate or morbidity rate 31
in plants or in designated animals; 32
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Part 1 Provisions about functions and obligations of local governments
[s 47]
(iii) a sudden and unexplained fall in production 1
relating to plants or designated animals; 2
(iv) the presence of a contaminant in a carrier in an 3
amount more than the maximum acceptable level 4
prescribed under a regulation for the carrier; 5
(v) the appearance of other symptoms or conditions 6
prescribed under a regulation that may indicate the 7
presence of biosecurity matter which may cause 8
adverse effects on a biosecurity consideration. 9
Chapter 3 Matters relating to local 10
governments 11
Part 1 Provisions about functions and 12
obligations of local 13
governments 14
47 Main function of local government 15
(1) The main function under this Act of each local government is 16
to ensure that invasive animals and plants (invasive 17
biosecurity matter for the local government's area), whether 18
or not they are prohibited matter or restricted matter, are 19
managed within the local government's area in compliance 20
with this Act. 21
(2) Without limiting the Local Government Act, section 28(1) or 22
the City of Brisbane Act, section 29, a local government's 23
local law may provide for the management, in its local 24
government area, of its area's invasive biosecurity matter. 25
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[s 48]
48 When State and local government act in partnership 1
The chief executive and the chief executive officer of a local 2
government may agree that the State and local government act 3
in a coordinated way to respond to a biosecurity event in the 4
local government's area associated with its area's invasive 5
biosecurity matter. 6
Example-- 7
The chief executive makes a biosecurity emergency order in response to 8
a biosecurity event and the biosecurity emergency area for the 9
biosecurity emergency order is in a local government's area. The 10
biosecurity matter associated with the biosecurity event is prohibited 11
matter that is invasive biosecurity matter for the local government's 12
area. The role of a local government in managing the prohibited matter 13
may consist only of providing authorised persons appointed by the local 14
government to respond to the biosecurity event. 15
Note-- 16
The State and a local government may enter into a government and 17
industry agreement to respond to a biosecurity event. 18
49 Minister may direct local government to perform function 19
or obligation 20
(1) This section applies if the Minister reasonably believes a local 21
government is not performing any of its functions or 22
obligations under this Act. 23
Example of a local government not performing its functions or 24
obligations-- 25
a local government not taking reasonable steps to manage invasive 26
biosecurity matter for its local government area 27
(2) The Minister may, by notice (local government compliance 28
notice) given to the local government, direct it to perform the 29
function or obligation. 30
(3) However, before giving the local government compliance 31
notice, the Minister must consult with the local government 32
and consider the local government's views about the 33
performance of the function or obligation. 34
(4) The notice must state the following-- 35
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Chapter 3 Matters relating to local governments
Part 1 Provisions about functions and obligations of local governments
[s 50]
(a) the function or obligation the Minister believes the local 1
government is not performing; 2
(b) what action the Minister requires the local government 3
to take to perform the function or obligation; 4
(c) the day by which the stated action must be taken. 5
(5) The local government must comply with the notice. 6
50 Chief executive may act to perform local government's 7
functions 8
(1) This section applies if a local government has been given a 9
local government compliance notice and the chief executive is 10
satisfied the local government has not achieved substantial 11
compliance with the notice. 12
(2) This section also applies if a local government has been given 13
a local government compliance notice and the chief executive 14
and the local government agree that the local government can 15
not achieve substantial compliance with the notice. 16
(3) The chief executive may by gazette notice-- 17
(a) state any function or obligation mentioned in the notice 18
that the local government has not complied with; and 19
(b) declare that, for a stated period, the function or 20
obligation is given to the chief executive; and 21
(c) state that the chief executive proposes to perform the 22
function or obligation; and 23
(d) state what action the chief executive proposes to take to 24
perform the function or obligation. 25
(4) The chief executive may perform the function or obligation, 26
and take the stated action. 27
(5) The chief executive, in performing the function or obligation 28
or taking the action, has the powers of the local government 29
before the gazette notice was made in relation to the function, 30
obligation or action. 31
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 51]
(6) The costs reasonably incurred by the chief executive in 1
performing or taking action for a function or obligation of a 2
local government are a debt payable by the local government 3
to the State. 4
51 Minister may ask for particular information from local 5
government 6
(1) The Minister may, by notice given to a local government, ask 7
the local government to give the Minister a written report 8
about any function performed or power exercised, or required 9
to be performed or exercised, by the local government under 10
this Act. 11
Example-- 12
a report on the outcomes of consultation for developing or amending a 13
biosecurity plan 14
(2) The local government must comply with the request. 15
Part 2 Biosecurity plans for local 16
government areas 17
Division 1 Requirement for biosecurity plans 18
52 Local governments to have biosecurity plan 19
(1) A local government must have a biosecurity plan for invasive 20
biosecurity matter for its local government area. 21
(2) The plan may include provision for each of the following-- 22
(a) achievable objectives under the plan; 23
(b) strategies, activities and responsibilities for achieving 24
the objectives; 25
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 53]
(c) strategies to inform the local community about the 1
content of the plan and achievement of its objectives; 2
(d) monitoring implementation of the plan and evaluating 3
its effectiveness; 4
(e) other matters the local government considers 5
appropriate for management of invasive biosecurity 6
matter for its local government area. 7
Division 2 Making and implementing 8
biosecurity plans 9
53 Preparing draft plan 10
(1) A local government must establish a working group to advise 11
the local government about preparing a draft biosecurity plan. 12
(2) The working group may include a representative of the 13
department and any State entity that controls land the local 14
government considers appropriate for preparing the plan. 15
(3) If asked by the local government, the chief executive must 16
nominate an individual as its representative on the working 17
group. 18
(4) The individual must have the qualifications or experience to 19
advise the local government about preparing its draft 20
biosecurity plan. 21
(5) In preparing the draft biosecurity plan, the local government 22
must have regard to-- 23
(a) the purposes of this Act; and 24
(b) the interests of its local community, including, for 25
example, the interests of landholders, Aboriginal and 26
Torres Strait Islander peoples, industry groups and 27
members of the public. 28
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 54]
54 Notice of draft plan and consideration of public 1
submissions 2
(1) The local government must give public notice when its draft 3
biosecurity plan has been prepared. 4
(2) The notice must-- 5
(a) be published in a newspaper circulating generally in the 6
local government's area; and 7
(b) state the draft biosecurity plan is available for 8
inspection, free of charge, at the local government's 9
public office; and 10
(c) invite the public to inspect the draft plan and make 11
written submissions about it to the local government 12
within 28 days after the notice is published (the 13
submission period). 14
(3) The local government must-- 15
(a) make the draft biosecurity plan available for public 16
inspection in written form, free of charge, in the 17
submission period; and 18
(b) consider any written submissions made to it under 19
subsection (2)(c). 20
55 Chief executive to consider draft plan 21
(1) The local government must give its draft biosecurity plan to 22
the chief executive-- 23
(a) within 60 days after the submission period ends; and 24
(b) at least 3 months before the local government's existing 25
biosecurity plan, if any, ceases to have effect. 26
(2) The chief executive must consider whether the draft plan-- 27
(a) complies with the purposes of this Act; and 28
(b) provides for the management of invasive biosecurity 29
matter for the local government's area. 30
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 56]
(3) The chief executive must, within 3 months after receiving the 1
draft plan-- 2
(a) if the chief executive is satisfied about the matters 3
mentioned in subsection (2)--advise the local 4
government that it may, by resolution, adopt the 5
biosecurity plan; or 6
(b) if the chief executive is not satisfied about the matters 7
mentioned in subsection (2)--advise the local 8
government about how the draft plan may be amended 9
and resubmitted to the chief executive. 10
(4) The chief executive is taken to have advised the local 11
government that it may, by resolution, adopt the biosecurity 12
plan if, within the 3-month period, the chief executive does 13
not advise the local government under subsection (3). 14
56 Adopting plan 15
If the chief executive advises, or is taken to have advised, the 16
local government under section 55(3)(a) or (4) that it may, by 17
resolution, adopt the biosecurity plan, the local government 18
must adopt the plan. 19
57 Duration of plan 20
(1) A local government's biosecurity plan has effect for the 21
period, of no more than 5 years, stated in it. 22
(2) However, if the local government renews the plan before the 23
end of the stated period, the plan ceases to have effect 24
immediately before the new plan commences. 25
58 Implementing plan 26
The local government must, as far as practicable, implement 27
its biosecurity plan. 28
Page 69
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 59]
Division 3 Reviewing, amending and 1
inspecting biosecurity plans 2
59 Reviewing a biosecurity plan 3
(1) The local government may review its biosecurity plan when 4
the chief executive officer of the local government considers 5
it appropriate. 6
(2) However, the local government must review the effectiveness 7
of its biosecurity plan at least once each year. 8
(3) The local government may consult with any State entity that 9
controls land the local government considers appropriate for 10
reviewing its biosecurity plan. 11
(4) The local government must, as soon as practicable after 12
completing the review, give the chief executive a copy of the 13
review. 14
60 Amending plan 15
(1) This section applies if a local government proposes to amend 16
its biosecurity plan. 17
(2) The local government must give a copy of the draft 18
amendment to the chief executive. 19
(3) The chief executive must consider whether the local 20
government's biosecurity plan, as proposed to be amended-- 21
(a) complies with the purposes of this Act; and 22
(b) provides for the management of invasive biosecurity 23
matter for the local government's area. 24
(4) The chief executive must, within 3 months after receiving the 25
draft amendment, advise the local government-- 26
(a) if the chief executive is not satisfied of the matters 27
mentioned in subsection (3)--about how the draft 28
amendment may be adjusted; or 29
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Chapter 3 Matters relating to local governments
Part 2 Biosecurity plans for local government areas
[s 61]
(b) otherwise--that the local government may, by 1
resolution, adopt the amendment of the plan. 2
(5) The chief executive is taken to have advised the local 3
government that it may, by resolution, adopt the amendment 4
of the plan if, within the 3-month period, the chief executive 5
does not advise the local government under subsection (4). 6
61 Plan to be available for inspection 7
(1) Each local government must keep a copy of its biosecurity 8
plan available for inspection, free of charge, by members of 9
the public at the local government's public office. 10
(2) The plan may be made available in written or electronic form. 11
Division 4 Miscellaneous 12
62 Local governments acting concurrently for biosecurity 13
plan 14
(1) This part, in requiring each local government to have a 15
biosecurity plan, does not stop 2 or more local governments 16
from acting concurrently to propose and adopt the same 17
biosecurity plan for each of the local governments or to 18
subsequently amend the plan. 19
(2) Each local government whose biosecurity plan is identical 20
with the biosecurity plan of another local government must 21
implement the plan in its own local government area to the 22
extent the plan relates to that area. 23
Page 71
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Chapter 3 Matters relating to local governments
Part 3 Land Protection Fund
[s 63]
Part 3 Land Protection Fund 1
63 Continuation of Land Protection Fund 2
The Land Protection Fund (the fund) established under the 3
repealed Land Protection (Pest Management) Act 2002 is 4
continued in existence. 5
64 Purpose and administration of fund 6
(1) The purpose of the fund is to record amounts received for, and 7
paid from, the fund to provide for activities that help local 8
governments meet their responsibilities under this chapter. 9
(2) Activities that help a local government meet its 10
responsibilities under this chapter include, for example, the 11
following-- 12
(a) research about managing invasive biosecurity matter for 13
the local government's area; 14
(b) educational or training programs about invasive 15
biosecurity matter for the local government's area; 16
(c) management within the local government's area in 17
compliance with this Act of invasive biosecurity matter 18
for its area; 19
(d) the maintenance by the barrier fence board of any parts 20
of the barrier fence included in, or that benefits, the local 21
government's area; 22
(e) other activities prescribed under a regulation that help 23
local governments meet their responsibilities under this 24
Act relating to invasive biosecurity matter for its area. 25
(3) Accounts for the fund must be kept as part of the departmental 26
accounts of the department. 27
(4) However, amounts received for the fund may be deposited in 28
a departmental financial institution account of the department 29
with other moneys of the department. 30
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Chapter 3 Matters relating to local governments
Part 3 Land Protection Fund
[s 65]
(5) Amounts received for the fund include the following-- 1
(a) amounts made available by the chief executive for the 2
fund; 3
(b) amounts given to the chief executive by another entity 4
for this Act; 5
(c) the proceeds of the sale or hire of any buildings, 6
equipment or machinery acquired by the Minister or 7
chief executive in relation to a matter under this chapter; 8
(d) the amount of any costs incurred and recovered by the 9
chief executive in relation to a matter under this chapter; 10
(e) the amount of any payment required by the Minister 11
under section 67; 12
(f) other amounts received under this Act and prescribed 13
under a regulation. 14
(6) In this section-- 15
departmental accounts, of the department, means the 16
accounts of the department established under the Financial 17
Accountability Act 2009, section 69(1). 18
departmental financial institution accounts, of the 19
department, means the accounts of the department established 20
under the Financial Accountability Act 2009, section 83(1). 21
other moneys, of the department, means all moneys of the 22
department other than amounts received for the fund. 23
65 Payments from fund 24
Amounts are payable from the fund only for paying the 25
following-- 26
(a) expenses incurred by the chief executive; 27
(b) amounts necessary for the operations of the barrier 28
fence board; 29
(c) an amount authorised by the chief executive under this 30
Act as payable from the fund; 31
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Chapter 3 Matters relating to local governments
Part 3 Land Protection Fund
[s 66]
(d) other amounts required or permitted by this Act to be 1
paid out of the fund. 2
66 Consultation with local government about activities 3
Before paying an amount from the fund for services to be 4
provided by the chief executive for activities that help a local 5
government to meet its responsibilities under this Act, the 6
chief executive must consult with the local government and 7
consider the local government's views about the suitability 8
and priority of the activities. 9
67 Minister may require local government to make annual 10
payment 11
(1) The Minister may, by notice, require a local government to 12
pay an amount for a financial year to the chief executive for 13
services provided or to be provided by the chief executive or 14
the barrier fence board for activities in its area that help the 15
local government meet the local government's responsibilities 16
relating to invasive biosecurity matter for its area. 17
(2) The amount must not be more than the maximum amount 18
prescribed under a regulation for the local government. 19
(3) In recommending the maximum amount, the Minister must 20
have regard to the nature and extent of the services provided 21
or to be provided by the chief executive or the barrier fence 22
board in the local government's area, including, for 23
example-- 24
(a) any of the following services-- 25
(i) research about prevention and control techniques 26
for invasive biosecurity matter for its area; 27
(ii) public education; 28
(iii) planning and mapping services; 29
(iv) training and technical advice for individuals and 30
groups; 31
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Chapter 3 Matters relating to local governments
Part 3 Land Protection Fund
[s 68]
(v) strategic and preventative control of plagues of 1
locusts and other invasive biosecurity matter for its 2
area; or 3
(b) whether land in the area may benefit from action taken 4
by the chief executive or the barrier fence board, 5
including, for example, action taken under a biosecurity 6
program, a movement control order or a biosecurity 7
emergency order or action to keep in good order any 8
part of the barrier fence included in, or that benefits, the 9
local government's area. 10
(4) The notice must state the period in which the amount required 11
under the notice must be paid. 12
(5) The local government must pay the amount to the chief 13
executive in the stated period. 14
68 Minister must give local government report about 15
activities 16
The Minister must give each local government required under 17
section 67 to pay the chief executive an amount for a financial 18
year a written report for the year on the outcomes of services 19
provided under this Act by the chief executive for activities in 20
the local government's area. 21
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 1 Codes of practice
[s 69]
Chapter 4 Codes of practice, 1
guidelines and particular 2
agreements 3
Part 1 Codes of practice 4
69 Making codes of practice 5
(1) A regulation may make codes of practice about matters 6
relating to biosecurity. 7
(2) Without limiting subsection (1), a code of practice may be 8
made about any of the following-- 9
(a) ways of minimising biosecurity risks associated with-- 10
(i) agricultural activities; or 11
(ii) animal husbandry activities; or 12
(iii) land use practices that may spread invasive animals 13
and plants; or 14
(iv) dealing with carriers, including, for example, 15
appropriate ways to treat infected or potentially 16
infected carriers; or 17
(v) manufacturing processes for animal feed; 18
Example of animal feed-- 19
feed for ruminants 20
(b) managing invasive animals and plants and their impacts; 21
(c) implementing best practice in maintaining hygiene and 22
standards of cleanliness of plant nurseries and places 23
where designated animals are kept to protect the plants 24
and designated animals from the likelihood of disease 25
and to prevent the spread of disease; 26
(d) ways to prevent, control and stop the spread of 27
biosecurity matter by a carrier, including-- 28
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Biosecurity Bill 2011
Chapter 4 Codes of practice, guidelines and particular agreements
Part 1 Codes of practice
[s 70]
(i) procedures for disinfecting, cleaning and treating 1
carriers; and 2
(ii) isolation of carriers introduced into the State from 3
another State or moved from a part of the State to 4
another part of the State; and 5
(iii) programs for disease eradication or vaccination; 6
and 7
(iv) management of cattle ticks; and 8
(v) management of a thing that may cause or tend to 9
cause the spread of disease; 10
(e) the carrying out of any process, or the use of particular 11
technologies, in an industry or another activity; 12
(f) requirements for the content and labelling of animal 13
feed, fertilisers and other agricultural inputs. 14
Example of an agricultural input that may require labelling-- 15
a bag of seed for sowing that may contain weed seeds 16
70 Consultation about codes of practice 17
(1) Before the making of a code of practice under this part is 18
recommended to the Governor in Council, the chief executive 19
must consult with relevant entities. 20
(2) Subsection (1) does not apply to the adopted provisions of a 21
code of practice. 22
(3) A failure to consult under subsection (1) does not affect the 23
validity of the code of practice. 24
(4) In this section-- 25
relevant entities means local governments and other entities 26
the chief executive considers appropriate, including entities 27
from any of the following groups if the chief executive 28
considers the entities to have an interest in matters relating to 29
biosecurity-- 30
(a) community groups; 31
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 1 Codes of practice
[s 71]
(b) professional and industry associations; 1
(c) educational institutions; 2
(d) natural resource management bodies. 3
71 Tabling and inspection of documents adopted in codes of 4
practice 5
(1) This section applies if-- 6
(a) a regulation that makes a code of practice adopts, 7
applies or incorporates the whole or a stated part of 8
another document (the adopted provisions); and 9
(b) the adopted provisions are not part of, or attached to, the 10
regulation. 11
(2) The Minister must, within 14 sitting days after the regulation 12
is gazetted, table a copy of the adopted provisions in the 13
Legislative Assembly. 14
(3) If the adopted provisions are amended, the Minister must, 15
within 14 sitting days after the amendment is made, table a 16
copy of the provisions as amended in the Legislative 17
Assembly. 18
(4) The chief executive must keep a copy of the adopted 19
provisions, as in force from time to time, available for 20
inspection, free of charge, by members of the public at-- 21
(a) the department's head office; and 22
(b) other places the chief executive considers appropriate. 23
(5) The adopted provisions may be made available in written or 24
electronic form. 25
(6) A failure to comply with subsection (2), (3) or (4) does not 26
invalidate or otherwise affect the regulation. 27
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 2 Guidelines
[s 72]
Part 2 Guidelines 1
72 Chief executive may make guidelines 2
(1) The chief executive may make guidelines to provide guidance 3
to persons about-- 4
(a) matters relating to the administration of this Act; and 5
(b) ways of discharging the general biosecurity obligation; 6
and 7
(c) complying with other requirements imposed under this 8
Act. 9
(2) Without limiting subsection (1), a guideline may be about the 10
following matters-- 11
(a) the operation of provisions of this Act about monitoring 12
and enforcement; 13
(b) ways of complying with requirements imposed under 14
this Act in relation to restricted matter, including, for 15
example, the following-- 16
(i) steps an occupier of land may take to manage 17
invasive plants and their impact on the land and 18
adjoining land; 19
(ii) ways to avoid moving fire ants in or on soil; 20
(iii) ways to humanely kill, and appropriately dispose 21
of, noxious fish; 22
(c) on-farm procedures for keeping and caring for horses; 23
(d) raising designated animals on land for the domestic 24
needs of the occupants of the land. 25
(3) The chief executive may make a guideline by adopting 26
another entity's guideline with or without changes. 27
(4) Before making a guideline, the chief executive must take 28
reasonable steps to allow entities the chief executive considers 29
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 2 Guidelines
[s 73]
may have an interest in the proposed guideline to give the 1
chief executive written submissions about it. 2
Example-- 3
The chief executive might publish a notice in a newspaper circulating in 4
the area in which interested entities reside seeking submissions about a 5
proposed guideline. 6
(5) A failure to allow the entities to give the chief executive 7
written submissions about the proposed guideline does not 8
affect the validity of it. 9
73 Availability of guidelines 10
(1) The chief executive must keep a copy of each guideline, as in 11
force from time to time, available for inspection, free of 12
charge, by local governments and members of the public at-- 13
(a) the department's head office; and 14
(b) other places the chief executive considers appropriate. 15
(2) Also, the chief executive must publish each guideline, as in 16
force from time to time, on the department's website. 17
74 Obligation to have regard to guidelines 18
(1) The contents of a guideline may be taken into account when 19
considering whether a person has or has not discharged the 20
person's general biosecurity obligation or otherwise complied 21
with a provision of this Act. 22
(2) However, it must not be presumed that a person who has 23
failed to follow a guideline has breached the person's general 24
biosecurity obligation or otherwise failed to comply with a 25
provision of this Act. 26
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 75]
Part 3 Particular agreements between 1
State and other entities 2
Division 1 Intergovernmental agreements 3
75 Intergovernmental agreement for recognising biosecurity 4
certificates 5
An agreement (an intergovernmental agreement) entered into 6
by the Minister or the chief executive, for the State, with the 7
Commonwealth or another State may-- 8
(a) provide for recognition by Queensland of biosecurity 9
certificates given under a law of the Commonwealth or 10
other State that is a corresponding law to this Act; and 11
(b) provide for recognition by the Commonwealth or 12
another State of biosecurity certificates given under this 13
Act by accredited certifiers; and 14
(c) impose audit, inspection or other requirements on a 15
party to the agreement to ensure the integrity and mutual 16
recognition of certificates mentioned in paragraphs (a) 17
and (b); and 18
(d) provide for another matter necessary or convenient to 19
achieve the purposes of this Act. 20
Division 2 Government and industry 21
agreements 22
76 Entering into government and industry agreements 23
(1) The Minister or the chief executive may, for the State, enter 24
into an agreement (a government and industry agreement)-- 25
(a) to help achieve the purposes of this Act; and 26
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 77]
(b) that is between the State and any 1 or more of the 1
following-- 2
(i) 1 or more other jurisdictions; 3
(ii) 1 or more local governments; 4
(iii) 1 or more industry bodies; 5
(iv) 1 or more natural resource management bodies. 6
(2) The agreement may be directed at-- 7
(a) ensuring a coordinated process for either of the 8
following-- 9
(i) responding to a biosecurity event; 10
(ii) sharing, between the parties, the costs related to a 11
biosecurity event; or 12
(b) providing for another matter necessary or convenient to 13
achieve the purposes of this Act. 14
(3) In this section-- 15
industry body means a body considered by the participants in 16
a particular industry to be the national or State representative 17
of the industry. 18
other jurisdiction means the Commonwealth or another State. 19
77 Content of government and industry agreement 20
(1) A government and industry agreement may provide for the 21
following-- 22
(a) measures the parties to the agreement must undertake 23
for-- 24
(i) preparing for a biosecurity event; or 25
(ii) preventing, controlling or responding to a 26
biosecurity event; or 27
(iii) undertaking surveillance for biosecurity matter; or 28
(iv) recovering from a biosecurity event; or 29
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 77]
(v) ongoing management of biosecurity matter that 1
caused a biosecurity event; 2
(b) the whole or partial reimbursement of costs incurred, or 3
losses suffered, by a person in complying with an 4
implemented response to a biosecurity event; 5
Examples of costs that may be incurred by a person in complying 6
with an implemented response-- 7
· costs of eradicating or controlling biosecurity matter 8
· costs of undertaking a measure to prevent the introduction, 9
reintroduction or spread of biosecurity matter 10
Examples of losses that may be suffered by a person in complying 11
with an implemented response-- 12
· the value of animals or plants owned by the person that are 13
destroyed to eradicate or control biosecurity matter or to 14
prevent the introduction, reintroduction or spread of 15
biosecurity matter 16
· the value of production that is foregone because land owned 17
by the person must be left fallow to prevent the introduction, 18
reintroduction or spread of biosecurity matter 19
(c) sharing, between the parties to the agreement, of any of 20
the following costs incurred by a party to the 21
agreement-- 22
(i) costs of an implemented response to a biosecurity 23
event, including, for example, labour costs, 24
operating expenses and capital expenditure; 25
(ii) costs of reimbursing persons for costs incurred, or 26
losses suffered, by them in complying with the 27
implemented response; 28
(d) restrictions applying to cost sharing under the 29
agreement; 30
Examples of restrictions that may apply to cost sharing under the 31
agreement-- 32
· only a stated maximum amount is eligible for cost sharing 33
under the agreement 34
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 78]
· only the stated types of costs are eligible for cost sharing 1
under the agreement 2
(e) anything else necessary or convenient for the matters 3
mentioned in paragraphs (a) to (d). 4
(2) Subsection (1)(c) does not limit the types of costs that may be 5
subject to cost sharing under the agreement. 6
(3) In this section-- 7
implemented response, to a biosecurity event, means a 8
response set out in a government and industry agreement that 9
states how the parties to the agreement will respond to the 10
biosecurity event. 11
Division 3 Compliance agreements 12
Subdivision 1 Preliminary 13
78 Entering into compliance agreements 14
(1) The chief executive may, for the State, enter into an 15
agreement (a compliance agreement) that-- 16
(a) helps achieve the purposes of this Act; and 17
(b) is between the State and a person (the other party); and 18
(c) provides for-- 19
(i) the application of particular procedures relating to 20
biosecurity matter that must be carried out by the 21
other party; and 22
(ii) the records the other party must keep to show 23
compliance with the procedures; and 24
(iii) the supervision, monitoring and testing of the other 25
party's compliance with the procedures. 26
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 79]
(2) A compliance agreement may provide that, in the 1
circumstances and to the extent stated in the agreement, the 2
chief executive may give the other party notice-- 3
(a) cancelling or amending the agreement; or 4
(b) suspending the operation of the agreement-- 5
(i) for a stated period; or 6
(ii) until the happening of a stated event. 7
(3) An inspector may give the other party notice of the 8
application of particular procedures that are additional to the 9
procedures contained in the compliance agreement. 10
(4) However, the inspector may give notice under subsection (3) 11
only if the inspector is acting under chapter 9, part 3. 12
(5) If the inspector gives notice under subsection (3), the 13
procedures stated in the notice are taken to be procedures in 14
the compliance agreement. 15
(6) Also, a compliance agreement is of no effect to the extent it 16
purports to authorise an act or omission that is contrary to a 17
biosecurity emergency order, a biosecurity zone regulatory 18
provision or a movement control order. 19
Subdivision 2 Applications for compliance 20
agreements 21
79 Requirements for application 22
(1) A person may apply to the chief executive in the approved 23
form to enter into a compliance agreement with the State. 24
(2) The application must state each of the following-- 25
(a) the details about the applicant that are prescribed under 26
a regulation; 27
(b) a brief description of the nature of the business the 28
applicant conducts, including details of any biosecurity 29
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matter or carrier the business deals with, or activity 1
carried out by the business, (the biosecurity risk matter) 2
that may pose a biosecurity risk; 3
(c) the biosecurity risks that are reasonably likely to be 4
associated with the biosecurity risk matter; 5
(d) the measures proposed to prevent or manage exposure to 6
the biosecurity risks and to help achieve the purposes of 7
this Act, including measures-- 8
(i) to minimise the likelihood of the applicant's 9
dealing with biosecurity risk matter causing a 10
biosecurity event; or 11
(ii) to limit the consequences of a biosecurity event 12
caused by the applicant's dealing with biosecurity 13
risk matter; 14
Examples-- 15
· hygiene or disinfection practices 16
· staff training 17
· operating procedures for plant and equipment used in the 18
applicant's business 19
· the implementation of quality assurance measures to ensure 20
the biosecurity risks associated with the biosecurity risk 21
matter are identified, monitored and controlled 22
(e) when assessment of the proposed measures mentioned 23
in paragraph (d) will be carried out and the way the 24
measures will be assessed; 25
(f) whether the applicant proposes complying with a 26
recognised way of managing the biosecurity risks for the 27
applicant's business, including, for example, an 28
Australian standard or a code of practice; 29
(g) if the applicant or, if the applicant is a corporation or an 30
incorporated association, if an executive officer of the 31
corporation or a member of the association's 32
management committee has a conviction for a relevant 33
biosecurity offence, other than a spent 34
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Part 3 Particular agreements between State and other entities
[s 80]
conviction--details of the offence and the circumstances 1
of its commission; 2
(h) other information prescribed under a regulation relating 3
to control of the biosecurity risks. 4
(3) The application must be accompanied by the fee prescribed 5
under a regulation. 6
80 Consideration of application 7
The chief executive must consider the application and decide 8
to grant, or refuse to grant, the application. 9
81 Criteria for deciding application 10
(1) The chief executive may grant the application only if 11
satisfied-- 12
(a) the measures proposed to prevent or manage exposure to 13
the biosecurity risks are suitable for the biosecurity risk 14
matter; and 15
(b) the audit carried out under section 432 shows-- 16
(i) the applicant's business has implemented 17
procedures that provide a way for preventing or 18
managing exposure to all biosecurity risks relating 19
to the biosecurity risk matter; and 20
(ii) the applicant can comply with the requirements of 21
the compliance agreement. 22
(2) Further, in deciding whether or not to grant the application, 23
the chief executive must consider whether the applicant is a 24
suitable person to enter into a compliance agreement. 25
82 Inquiry about application 26
(1) Before deciding the application, the chief executive-- 27
(a) may make inquiries to decide the suitability of the 28
applicant to enter into a compliance agreement; and 29
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[s 83]
(b) may, by notice given to the applicant, require the 1
applicant to give the chief executive, within the 2
reasonable period of at least 30 days stated in the notice, 3
further information or a document the chief executive 4
reasonably requires to decide the application. 5
(2) The applicant is taken to have withdrawn the application if, 6
within the stated period, the applicant does not comply with a 7
requirement under subsection (1)(b). 8
(3) A notice under subsection (1)(b) must be given to the 9
applicant within 30 days after the chief executive receives the 10
application. 11
(4) The information or document under subsection (1)(b) must, if 12
the notice requires, be verified by statutory declaration. 13
83 Suitability of applicant to enter into compliance 14
agreement 15
In considering whether an applicant is a suitable person to 16
enter into a compliance agreement, the chief executive must 17
have regard to whether the applicant or, if the applicant is a 18
corporation or an incorporated association, an executive 19
officer of the corporation or a member of the association's 20
management committee-- 21
(a) has a conviction for a relevant biosecurity offence, other 22
than a spent conviction; or 23
(b) has previously entered into a compliance agreement that 24
the chief executive has suspended or cancelled under 25
subdivision 3. 26
84 Decision on application 27
(1) If the chief executive decides to grant the application, the 28
chief executive must-- 29
(a) decide the provisions of the compliance agreement; and 30
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(b) give the applicant an information notice for the decision 1
that includes the proposed provisions; and 2
(c) on behalf of the State, enter into a compliance 3
agreement with the applicant. 4
(2) Without limiting section 78, the provisions of a compliance 5
agreement may include any of the following-- 6
(a) that the applicant must comply with a document, 7
including, for example, an Australian standard or a code 8
of practice, in conducting the applicant's business; 9
(b) particular procedures relating to biosecurity matter that 10
must be carried out by the applicant under the 11
agreement; 12
(c) the records the applicant must keep to show compliance 13
with the procedures; 14
(d) agreed procedures for the supervision, monitoring and 15
testing of the applicant's compliance with the 16
procedures; 17
(e) the performance outcomes for the procedures; 18
(f) circumstances in which the agreement can be cancelled 19
or suspended; 20
(g) circumstances in which the agreement can be amended; 21
(h) the way and the intervals in which the applicant is 22
required to report on the applicant's compliance with the 23
agreement and any other matter stated in the agreement; 24
(i) the information, or documents, relating to the 25
applicant's business that the applicant may be required 26
to give the chief executive; 27
(j) the day that the agreement takes effect; 28
(k) any other conditions the chief executive considers 29
necessary or desirable to ensure the biosecurity risks 30
that are reasonably likely to be associated with the 31
biosecurity risk matter are prevented or managed. 32
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[s 85]
(3) A compliance agreement must state its term that is not more 1
than 5 years after the agreement takes effect. 2
Note-- 3
See sections 78 and 90 for when the chief executive may cancel a 4
compliance agreement. 5
(4) If the chief executive decides to refuse the application, the 6
chief executive must as soon as practicable give the applicant 7
an information notice for the decision. 8
85 Failure to decide application 9
(1) Subject to subsections (2) and (3), if the chief executive fails 10
to decide the application within 30 days after its receipt, the 11
failure is taken to be a decision by the chief executive to 12
refuse to grant the application. 13
(2) Subsection (3) applies if-- 14
(a) a person has made an application to enter into a 15
compliance agreement; and 16
(b) the chief executive has, under section 82(1), required the 17
applicant to give the chief executive further information 18
or a document. 19
(3) The chief executive is taken to have refused to grant the 20
application if the chief executive does not decide the 21
application within 30 days after the chief executive receives 22
the further information or document. 23
(4) If the application is taken to be refused under this section, the 24
applicant is entitled to be given an information notice by the 25
chief executive for the decision. 26
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Chapter 4 Codes of practice, guidelines and particular agreements
Part 3 Particular agreements between State and other entities
[s 86]
Subdivision 3 Suspension and cancellation of 1
compliance agreements 2
86 Grounds for suspension or cancellation 3
(1) Each of the following is a ground for suspending or cancelling 4
a compliance agreement-- 5
(a) the other party to the agreement is not, or is no longer, a 6
suitable person to be a party to the agreement; 7
(b) the other party is convicted of an offence against section 8
94; 9
(c) the chief executive reasonably believes the other party 10
has not complied, or is not complying, with the 11
agreement; 12
(d) a compliance audit of the other party's business 13
identifies a noncompliance with the agreement and the 14
noncompliance is likely to cause a significant 15
biosecurity risk; 16
(e) the chief executive entered into the agreement in 17
reliance on a materially false or misleading 18
representation or declaration of the other party; 19
(f) a ground for cancelling or suspending the agreement has 20
arisen under section 84(2)(f). 21
(2) For forming a belief that the ground mentioned in subsection 22
(1)(a) exists, the chief executive may have regard to the 23
matters to which the chief executive may have regard in 24
deciding whether an applicant for entering into a compliance 25
agreement is a suitable person to enter into the agreement. 26
87 Show cause notice 27
(1) This section applies if the chief executive believes a ground 28
exists to suspend or cancel the compliance agreement. 29
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(2) The chief executive must give the other party to the agreement 1
a notice under this section (a show cause notice). 2
(3) The show cause notice must state the following-- 3
(a) the action the chief executive proposes taking under this 4
subdivision (the proposed action); 5
(b) the grounds for the proposed action; 6
(c) an outline of the facts and circumstances forming the 7
basis for the grounds; 8
(d) if the proposed action is suspension of the 9
agreement--the proposed suspension period; 10
(e) that the other party may, within a stated period (the 11
show cause period), make written representations to the 12
chief executive to show why the proposed action should 13
not be taken. 14
(4) The show cause period must end at least 28 days after the 15
other party is given the show cause notice. 16
88 Representations about show cause notice 17
(1) The other party to the compliance agreement may make 18
written representations about the show cause notice to the 19
chief executive in the show cause period. 20
(2) The chief executive must consider all representations (the 21
accepted representations) for the show cause notice made 22
under subsection (1). 23
89 Ending show cause process without further action 24
If, after considering the accepted representations for the show 25
cause notice, the chief executive no longer believes a ground 26
exists to suspend or cancel the compliance agreement, the 27
chief executive-- 28
(a) must not take any further action about the show cause 29
notice; and 30
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[s 90]
(b) must give the other party to the agreement a notice that 1
no further action is to be taken about the show cause 2
notice. 3
90 Suspension or cancellation 4
(1) This section applies if-- 5
(a) there are no accepted representations for the show cause 6
notice; or 7
(b) after considering the accepted representations for the 8
show cause notice, the chief executive-- 9
(i) still believes a ground exists to suspend or cancel 10
the compliance agreement; and 11
(ii) believes suspension or cancellation of the 12
agreement is warranted. 13
(2) The chief executive may-- 14
(a) if the proposed action was to suspend the 15
agreement--suspend the agreement for not longer than 16
the proposed suspension period; or 17
(b) if the proposed action was to cancel the 18
agreement--cancel the agreement or suspend it for a 19
period. 20
(3) If the chief executive decides to take action under subsection 21
(2), the chief executive must as soon as practicable give the 22
other party to the agreement an information notice for the 23
decision. 24
(4) The decision takes effect on the later of the following-- 25
(a) the day the information notice is given to the other 26
party; 27
(b) the day stated in the information notice for that purpose. 28
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Chapter 4 Codes of practice, guidelines and particular agreements
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[s 91]
91 Immediate suspension of compliance agreement 1
(1) The chief executive may suspend the compliance agreement 2
immediately if the chief executive believes-- 3
(a) a ground exists to suspend or cancel the agreement; and 4
(b) it is necessary to suspend the agreement immediately 5
because there is an immediate and serious biosecurity 6
risk. 7
(2) The suspension-- 8
(a) can be effected only by the chief executive giving an 9
information notice to the other party to the agreement 10
about the decision to suspend the agreement, together 11
with a show cause notice; and 12
(b) operates immediately the notices are given to the other 13
party; and 14
(c) continues to operate until the earliest of the following 15
happens-- 16
(i) the chief executive cancels the remaining period of 17
the suspension; 18
(ii) the show cause notice is finally dealt with; 19
(iii) 56 days have passed since the notices were given to 20
the other party. 21
(3) Subsection (4) applies if-- 22
(a) a suspension under this section stops because-- 23
(i) the chief executive cancels the remaining period of 24
the suspension; or 25
(ii) the show cause notice is finally dealt with by a 26
decision being made not to suspend or cancel the 27
agreement; or 28
(iii) 56 days have passed since the notices mentioned in 29
subsection (2)(a) were given to the other party; and 30
(b) the other party has returned the agreement to the chief 31
executive under section 92. 32
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[s 92]
(4) The chief executive must as soon as practicable give the 1
agreement to the other party. 2
92 Return of suspended or cancelled compliance agreement 3
(1) This section applies if the chief executive has suspended or 4
cancelled a compliance agreement and given an information 5
notice for the decision to the other party to the agreement. 6
(2) The other party must return the compliance agreement to the 7
chief executive within 14 days after the decision takes effect 8
unless the other party has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(3) If the compliance agreement has been suspended and the 11
agreement has been returned to the chief executive, the chief 12
executive must return the agreement to the other party at the 13
end of the suspension period. 14
(4) The chief executive is not required to return the compliance 15
agreement if the agreement is cancelled. 16
Subdivision 4 Provisions about compliance 17
agreements 18
93 Effect of compliance agreement if holding compliance 19
certificate 20
(1) This section applies if-- 21
(a) the biosecurity risk matter stated in a compliance 22
agreement is the dealing with a particular biosecurity 23
matter or carrier; and 24
(b) the other party to the agreement holds a certificate (a 25
compliance certificate), issued by a person authorised 26
under the agreement to give the certificate, stating that 27
the measures proposed for preventing or managing 28
exposure to all biosecurity risks relating to the 29
biosecurity risk matter have been carried out. 30
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[s 94]
(2) An authorised officer may, in exercising powers under this 1
Act relating to the biosecurity risk matter, accept and, without 2
further checking, rely and act on the compliance certificate. 3
Example-- 4
An authorised officer may release to the other party to a compliance 5
agreement biosecurity matter or a carrier that has been seized under 6
chapter 9, part 4, division 4 if the other party holds a compliance 7
certificate for the biosecurity matter or carrier. 8
94 Complying with compliance agreement 9
(1) A person who has entered into a compliance agreement with 10
the State must comply with the agreement unless the person 11
has a lawful or reasonable excuse. 12
Maximum penalty--600 penalty units. 13
(2) In a proceeding for an offence against subsection (1), it is a 14
defence for the person to prove that the person took all 15
reasonable steps to comply with the compliance agreement. 16
95 False statements and false advertising 17
A person (the first person) who has not entered into a 18
compliance agreement must not-- 19
(a) state, either orally or in writing, anything to another 20
person that is likely to induce the person to believe the 21
first person has entered into a compliance agreement; or 22
(b) publish, or cause to be published, an advertisement 23
stating or implying the first person has entered into a 24
compliance agreement. 25
Maximum penalty--100 penalty units. 26
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Chapter 5 Managing biosecurity emergencies and risks
Part 1 Biosecurity emergencies
[s 96]
Chapter 5 Managing biosecurity 1
emergencies and risks 2
Part 1 Biosecurity emergencies 3
Division 1 Preliminary 4
96 Relationship to other Acts 5
(1) Nothing in this part prevents a person from declaring a 6
disaster situation or another emergency under another Act 7
(another declaration). 8
(2) However, the existence of another declaration does not 9
prevent the declaration of a biosecurity emergency under this 10
part. 11
Examples of other Acts-- 12
· Disaster Management Act 2003 13
· Public Health Act 2005 14
· Public Safety Preservation Act 1986 15
(3) In this section-- 16
disaster situation means a disaster situation declared under 17
the Disaster Management Act 2003. 18
97 Other Acts not affected 19
This part is in addition to, and does not limit-- 20
(a) the Disaster Management Act 2003; or 21
(b) the Public Health Act 2005, chapter 8; or 22
(c) the Public Safety Preservation Act 1986, part 3. 23
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[s 98]
98 Powers under this part and powers under other Acts 1
The powers under this part are in addition to and do not limit 2
the powers a person has under another provision of this Act or 3
another Act. 4
Examples of powers a person may have under another provision of this Act 5
or another Act-- 6
· the chief executive's power to make a movement control order 7
under part 2 8
· a police officer's general power of entry under the Police Powers 9
and Responsibilities Act 2000, section 19 10
Division 2 Declaring a biosecurity emergency 11
99 Chief executive may make biosecurity emergency order 12
(1) The chief executive may, by notice signed by the chief 13
executive and published on the department's website, make an 14
order (a biosecurity emergency order) for responding to a 15
biosecurity event. 16
Examples-- 17
1 A biosecurity emergency order might be addressed at something 18
that is currently happening. Accordingly, a biosecurity emergency 19
order might be made because there is in progress an outbreak in 20
horses of equine influenza that has been positively diagnosed on a 21
number of properties in the biosecurity emergency area. 22
2 A biosecurity emergency order might be addressed at something 23
that may happen. Accordingly, a biosecurity emergency order 24
might be made because a significant number of chickens have been 25
found dead on a poultry farm in the biosecurity emergency area. 26
The deaths could be the result of heat exhaustion. However, tests 27
being urgently undertaken have not yet ruled out the possibility that 28
the deaths have been caused by biosecurity matter, for example 29
avian influenza. 30
(2) As soon as practicable after making a biosecurity emergency 31
order, the chief executive must-- 32
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[s 99]
(a) publish in the gazette a notice of the making of the 1
order, the order's subject matter generally and the places 2
where a copy of the order may be obtained; and 3
(b) take all reasonable steps to ensure that persons likely to 4
be directly affected by the order are made aware of the 5
making of the order, including, for example, by some or 6
all of the following-- 7
(i) advertising in newspapers, on radio and on 8
television; 9
(ii) electronically using emails and text messages; 10
Example-- 11
sms messaging in the biosecurity emergency area 12
(iii) automated telephoning. 13
(3) A biosecurity emergency order must be primarily directed at 14
taking emergency action to isolate the biosecurity emergency 15
area identified in the order, to stop the spread of any 16
biosecurity matter associated with the biosecurity event and, if 17
practicable, to eradicate the biosecurity matter. 18
(4) The chief executive may make a biosecurity emergency order 19
only if the chief executive is satisfied on reasonable grounds, 20
having regard to the seriousness or potential seriousness of the 21
biosecurity event and the extent of its impact or likely impact, 22
that an emergency response as provided for in the order is 23
necessary. 24
Examples-- 25
1 The chief executive may decide that a biosecurity emergency order 26
is necessary to mitigate the adverse effects of a biosecurity event, 27
including limiting its area of impact. 28
2 The chief executive may decide a biosecurity emergency order is 29
necessary to ensure that a biosecurity event does not take place at 30
all. 31
(5) However, before making a biosecurity emergency order, the 32
chief executive must consult with the Minister and, if the 33
biosecurity event has or is likely to have a significant impact 34
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[s 100]
on human health, must also consult with the chief health 1
officer. 2
(6) If it has not been practicable to consult with the Minister or 3
the chief health officer under subsection (5), the chief 4
executive must consult as soon as practicable after the making 5
of the biosecurity emergency order. 6
(7) A biosecurity emergency order is not invalid only because of a 7
failure of the chief executive to comply with subsection (2), 8
(5) or (6). 9
(8) To remove any doubt, it is declared that subsections (2) to (6) 10
also apply for the amendment or revocation of a biosecurity 11
emergency order, to the greatest practicable extent. 12
100 Matters for inclusion in biosecurity emergency order 13
(1) A biosecurity emergency order must include provisions that 14
state-- 15
(a) the nature and apparent extent of the biosecurity 16
emergency the subject of the order; and 17
(b) the area to which the order primarily relates (the 18
biosecurity emergency area for the biosecurity 19
emergency order); and 20
(c) the duties and obligations imposed on-- 21
(i) occupiers of any place within the biosecurity 22
emergency area or a part of the area; and 23
(ii) other persons in or in the vicinity of the biosecurity 24
emergency area or a part of the area; and 25
(d) when the order expires if it is not sooner revoked; and 26
(e) any conditions relating to the conduct of the response to 27
the biosecurity emergency. 28
(2) Without limiting subsection (1), a biosecurity emergency 29
order may include any of the following-- 30
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(a) a requirement for a person to publish warnings, in a 1
form approved by the chief executive, that particular 2
biosecurity matter or a carrier has had, is having or may 3
have a significant adverse effect on a biosecurity 4
consideration; 5
(b) a prohibition on dealing with biosecurity matter or a 6
carrier; 7
(c) a prohibition or restriction on the movement of 8
biosecurity matter or of a carrier-- 9
(i) into the State; or 10
(ii) into or out of the biosecurity emergency area; or 11
(iii) into an area adjacent to the biosecurity emergency 12
area, whether or not the movement is out of the 13
biosecurity emergency area; or 14
(iv) out of an area adjacent to the biosecurity 15
emergency area, whether or not the movement is 16
into the biosecurity emergency area; or 17
(v) within the biosecurity emergency area; 18
(d) conditions that must be complied with for movement of 19
a type mentioned in paragraph (c); 20
(e) requirements for the completion of a movement of a 21
type mentioned in paragraph (c) if the movement is 22
already in progress when the order is made; 23
Example-- 24
The biosecurity emergency order might require persons to stay 25
where they are, to finish a journey or to return home. 26
(f) actions required to be taken by a person that are 27
reasonably necessary or desirable to prevent the 28
introduction, establishment or spread of biosecurity 29
matter the subject of the order or to otherwise control or 30
eradicate the biosecurity matter; 31
(g) requirements for a person (the relevant person), 32
including, for example, an owner of land within the 33
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biosecurity emergency area or a person who is in 1
possession or control of a carrier within the biosecurity 2
emergency area-- 3
(i) to treat or destroy biosecurity matter (including 4
biosecurity matter in water) or a carrier; or 5
(ii) to allow any treatment, destruction, disposal, 6
transport, decontamination or vaccination required 7
under the order to be performed by, or under the 8
direction of, an inspector and at the expense of the 9
relevant person; 10
(h) a direction that biosecurity matter or a carrier that has 11
been consigned to another person, distributed to another 12
person for sale or sold to another person be recalled in 13
the way, and within the period, stated in the order; 14
(i) requirements for notifying an inspector about the 15
presence of particular biosecurity matter; 16
(j) a direction that biosecurity matter or a carrier intended 17
to be used for human or animal consumption or plant 18
production be impounded, isolated or destroyed or 19
otherwise disposed of in the way stated in the order; 20
(k) an absolute prohibition on the carrying out of an activity 21
in relation to biosecurity matter or a carrier; 22
(l) a prohibition on the carrying out of an activity in 23
relation to biosecurity matter or a carrier other than in 24
compliance with conditions stated in the order; 25
(m) requirements for, and conditions applying to, the taking 26
and analysis of samples of biosecurity matter or of a 27
carrier; 28
(n) methods that must be followed for analysis of samples 29
of biosecurity matter or of a carrier, required to be taken 30
and analysed under the order. 31
(3) Also, a biosecurity emergency order may-- 32
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(a) establish checkpoints (biosecurity emergency 1
checkpoints) within or near the biosecurity emergency 2
area for the order; and 3
(b) include objective criteria to apply for the stopping and 4
checking of vehicles at the biosecurity emergency 5
checkpoints. 6
(4) Without limiting the ways in which a biosecurity emergency 7
area may be identified, the area may be identified by reference 8
to any of the following-- 9
(a) an area outlined on a map; 10
(b) coordinates located using global positioning systems; 11
(c) real property descriptions; 12
(d) local government area boundaries or boundaries of 13
divisions within a local government's area; 14
(e) electoral boundaries applying for State or 15
Commonwealth elections; 16
(f) geographical features, including, for example, roads and 17
rivers. 18
101 Effect and duration of biosecurity emergency order 19
(1) A biosecurity emergency order has effect from when it is 20
made, or from a later time provided for in the order. 21
(2) Unless it is sooner revoked, a biosecurity emergency order 22
stays in force until 21 days after the order is made. 23
(3) Without limiting the chief executive's power to revoke a 24
biosecurity emergency order, a movement control order may 25
revoke a biosecurity emergency order. 26
(4) If a biosecurity emergency order is inconsistent with 27
biosecurity zone regulatory provisions, a movement control 28
order or a code of practice, the biosecurity emergency order 29
prevails to the extent of the inconsistency. 30
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(5) A permit or other authorisation given under an Act other than 1
for the purpose of responding to a biosecurity event is of no 2
effect, while a biosecurity emergency order is in force, to the 3
extent it is inconsistent with the biosecurity emergency order. 4
Example for subsection (5)-- 5
A permit to travel designated animals along a stock route given under 6
legislation relating to the control and management of stock routes would 7
not be effective to authorise travel that is prohibited under a biosecurity 8
emergency order while the order is in force. 9
Division 3 Enforcement of biosecurity 10
emergency order 11
102 Compliance with biosecurity emergency order 12
(1) A person to whom a biosecurity emergency order applies 13
must comply with the order. 14
Maximum penalty--2000 penalty units or 2 years 15
imprisonment. 16
(2) A person does not commit an offence under subsection (1) if 17
the person-- 18
(a) did not know, and ought not reasonably to have known, 19
of the existence of the order; or 20
(b) has a reasonable excuse for not complying with the 21
order. 22
103 Power to stop vehicles 23
(1) An inspector who is also a police officer, or an authorised 24
transport officer, may require the person in control of a 25
vehicle to stop the vehicle at a biosecurity emergency 26
checkpoint, having regard to the objective criteria applying for 27
the stopping and checking of vehicles at the checkpoint. 28
(2) An inspector who is also a police officer may require the 29
person in control of a vehicle to stop the vehicle other than at 30
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a biosecurity emergency checkpoint if the inspector suspects 1
on reasonable grounds that-- 2
(a) the vehicle may be being moved in contravention of a 3
biosecurity emergency order; or 4
(b) the vehicle may be being used to carry biosecurity 5
matter or a carrier in contravention of a biosecurity 6
emergency order. 7
(3) A requirement may be made under subsection (1) or (2) in a 8
way prescribed under a regulation. 9
Example-- 10
A regulation might make provision for the display at a biosecurity 11
emergency checkpoint or other stopping point of signs that can be easily 12
read and understood by the person in control of a vehicle. 13
(4) A person must comply with a requirement under subsection 14
(1) or (2) unless the person has a reasonable excuse. 15
Maximum penalty-- 16
(a) for a failure to stop a vehicle at a biosecurity emergency 17
checkpoint--500 penalty units; or 18
(b) for a failure to stop a vehicle other than at a biosecurity 19
emergency checkpoint--100 penalty units. 20
(5) A regulation may impose restrictions on the stopping of 21
vehicles by authorised transport officers. 22
104 Inspection of stopped vehicle 23
(1) This section applies to a vehicle that has been stopped under 24
this division by-- 25
(a) an inspector who is also a police officer; or 26
(b) an authorised transport officer. 27
(2) An inspector, or an authorised person acting under the 28
direction of an inspector, may inspect the vehicle to the extent 29
necessary to ensure the vehicle is not carrying biosecurity 30
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matter or a carrier in contravention of the biosecurity 1
emergency order. 2
(3) Also, the inspector or authorised person acting under the 3
direction of an inspector may-- 4
(a) take reasonable steps, including by giving directions to 5
any person, to restrict biosecurity matter or a carrier to 6
within an isolated area; or 7
(b) give a direction to a person to do any of the following-- 8
(i) stay within an isolated area identified by the 9
inspector or authorised person, or at another stated 10
place, as directed by the inspector or authorised 11
person; 12
(ii) take biosecurity matter or a carrier to a stated 13
place; 14
(iii) answer a question, or produce a biosecurity 15
emergency order permit, if giving the direction to 16
answer the question or produce the permit is 17
reasonably necessary to help the inspector or 18
authorised person to assess whether the biosecurity 19
emergency order is being effectively enforced and 20
whether any further emergency action needs to be 21
taken in relation to the biosecurity emergency the 22
subject of the order; 23
(iv) move, or move a vehicle, biosecurity matter or a 24
carrier, into, out of, within or around a stated place. 25
(4) A person to whom a direction is given under subsection (3) 26
must comply with the direction unless the person has a 27
reasonable excuse. 28
Maximum penalty--1000 penalty units or 1 year's 29
imprisonment. 30
(5) Unless an authorised officer otherwise directs, a person must 31
not move the vehicle from where it was stopped until an 32
inspector, or an authorised person acting under the direction 33
of an inspector has-- 34
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(a) inspected the vehicle as provided for in subsection (2); 1
and 2
(b) given approval for the vehicle to leave the place where it 3
was stopped. 4
Maximum penalty--1000 penalty units or 1 year's 5
imprisonment. 6
(6) An inspector or authorised person is not stopped from 7
exercising a non-emergency power in relation to a vehicle, or 8
any person or thing in or on a vehicle, only because the 9
vehicle was stopped under this division. 10
Note-- 11
A police officer who is an inspector only for the purposes of provisions 12
of this part would not be able to exercise non-emergency powers. 13
(7) For this section, it is not necessary for an authorised person to 14
be acting under the direct supervision of an inspector in order 15
for the person to be acting under the direction of the inspector. 16
(8) In this section-- 17
non-emergency power means a power an inspector or 18
authorised person has under this Act other than under this 19
part. 20
105 Additional powers of inspector for place within a 21
biosecurity emergency area 22
(1) Without limiting the powers of an inspector otherwise 23
provided for in this Act, an inspector, or an authorised person 24
acting under the direction of an inspector, may, in relation to 25
any place within a biosecurity emergency area for a 26
biosecurity emergency order, and to the extent reasonably 27
necessary for managing the biosecurity emergency the subject 28
of the order, do any of the following-- 29
(a) enter and re-enter the place with or without consent; 30
(b) if the place is private property, inspect any vehicle at the 31
place; 32
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(c) establish an area on or over the place to isolate 1
biosecurity matter or a carrier; 2
(d) give a direction restricting a person, biosecurity matter 3
or a carrier to within an isolated area established under 4
paragraph (c), or direct a person to stay at or in another 5
stated place; 6
(e) direct a person to move biosecurity matter or a carrier 7
from the place to another place; 8
(f) direct a person at the place to answer questions about 9
the place or anything that has happened at the place; 10
(g) demolish, or direct a person at the place to demolish, 11
any structure or other property at the place, including, 12
for example, an outbuilding, cage, pen or yard; 13
(h) clean or disinfect, or direct a person at the place to clean 14
or disinfect, the place or any structure or thing at the 15
place; 16
(i) destroy, dispose of, vaccinate or treat, or direct a person 17
at the place to destroy, dispose of, vaccinate or treat, 18
biosecurity matter or a carrier at the place; 19
(j) direct the movement of a person, biosecurity matter, a 20
carrier or a vehicle into, out of, within or around the 21
place; 22
(k) remove biosecurity matter or a carrier from the place; 23
(l) make, or direct a person at the place to make, equipment 24
at the place inoperable; 25
Example-- 26
dismantle the equipment or take away a component of the 27
equipment 28
(m) direct the occupier of the place to give the inspector or 29
authorised person, or another authorised person, any 30
information or document; 31
(n) take any other action reasonably necessary for managing 32
the biosecurity emergency. 33
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(2) Subsection (1) does not authorise the entry of a residence. 1
(3) An inspector or authorised person may exercise a power under 2
subsection (1) only to the extent reasonably necessary for, and 3
only for the purposes of, fulfilling the purpose and ensuring 4
the effectiveness of the biosecurity emergency order. 5
(4) Subject to subsection (2), an inspector or authorised person 6
may exercise a power under subsection (1) with the help, and 7
using the force, that is necessary and reasonable in the 8
circumstances. 9
(5) A person to whom a direction is given under subsection (1) 10
must comply with the direction unless the person has a 11
reasonable excuse. 12
Maximum penalty--1000 penalty units or 1 year's 13
imprisonment. 14
(6) For this section, a place is private property if it is not a 15
place-- 16
(a) that is open to, or used by, the public; or 17
(b) that the public is entitled to use. 18
(7) A structure or other property may be demolished, or be 19
directed to be demolished, under subsection (1)(g) only with 20
the written approval of the chief executive. 21
(8) The Sustainable Planning Act 2009, section 575 does not 22
apply to a person who demolishes a building under subsection 23
(1)(g). 24
(9) This section applies to an inspector who is also a police 25
officer, and where appointment as an inspector is made by the 26
chief executive under chapter 9, part 1, division 3, for the 27
purposes of a biosecurity emergency order, only to the extent 28
provided for in the notice providing for the appointment. 29
106 Requirement to answer question or give information 30
(1) It is a reasonable excuse for an individual to fail to answer a 31
question or give information or a document, as directed by an 32
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inspector under this division, on the basis that complying with 1
the direction might tend to incriminate the individual or make 2
the individual liable to a penalty. 3
Note-- 4
This section refers only to an individual on the basis that the privilege to 5
which the section refers applies only to individuals. 6
(2) However, it is not a reasonable excuse for an individual to fail 7
to give a required document, as directed by an inspector under 8
this division, on the basis that complying with the direction 9
might tend to incriminate the individual or make the 10
individual liable to a penalty. 11
Note-- 12
This section refers only to an individual on the basis that the privilege to 13
which the section refers applies only to individuals. 14
(3) Subsections (4) and (5) apply in relation to any of the 15
following (primary evidence)-- 16
(a) any required document for an individual produced or 17
given by an individual to an inspector under this part in 18
response to a direction given by an inspector under this 19
part; 20
(b) the fact of the production or giving as mentioned in 21
paragraph (a). 22
(4) The following is not admissible in evidence against an 23
individual in any civil or criminal proceeding-- 24
(a) primary evidence; 25
(b) any document, information or other thing obtained as a 26
direct or indirect result of primary evidence (derived 27
evidence). 28
(5) Subsection (4) does not prevent primary evidence or derived 29
evidence being admitted in evidence in criminal proceedings 30
about the falsity or misleading nature of the primary evidence. 31
(6) In this section-- 32
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inspector includes an authorised person acting under the 1
direction of an inspector. 2
required document, for an individual, means a document that 3
has been issued to the person, or that the individual is required 4
to keep, under this Act. 5
Division 4 Biosecurity emergency order 6
permits 7
107 Biosecurity emergency order permit 8
(1) This section applies to a person who is subject to the operation 9
of a biosecurity emergency order. 10
(2) The person may apply to an inspector for a permit (a 11
biosecurity emergency order permit) authorising the person 12
to perform an activity, or not to perform an activity, other than 13
in compliance with the biosecurity emergency order. 14
(3) The inspector may grant the biosecurity emergency order 15
permit only if the inspector is satisfied in the circumstances 16
that granting the permit-- 17
(a) will not exacerbate the adverse effects or the possible 18
adverse effects of the biosecurity emergency the subject 19
of the biosecurity emergency order; and 20
(b) will not otherwise be detrimental to the effectiveness of 21
the biosecurity emergency order. 22
Example of circumstance in which a permit might be granted-- 23
A person who has taken appropriate measures to clean or disinfect 24
machinery may be granted a biosecurity emergency order permit to 25
move the machinery to another place within, or outside, the biosecurity 26
emergency area for the order. 27
(4) A biosecurity emergency order permit may be granted on 28
conditions the inspector considers necessary to ensure the 29
matters stated in subsection (3). 30
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(5) A person who does not comply with a biosecurity emergency 1
order does not commit the offence of failing to comply with 2
the order if the noncompliance is authorised by a biosecurity 3
emergency order permit. 4
(6) A biosecurity emergency order permit may authorise a person 5
to perform or not to perform-- 6
(a) a stated activity; or 7
(b) activities of a stated description. 8
(7) An inspector may at any time, by notice given to the holder of 9
a biosecurity emergency order permit, to preserve the 10
intended purpose and effect of the biosecurity emergency 11
order-- 12
(a) change the conditions of the permit; or 13
(b) cancel the permit. 14
(8) An inspector who refuses to grant a biosecurity emergency 15
order permit to a person, grants a biosecurity emergency order 16
permit to a person on conditions, amends the conditions of a 17
person's biosecurity emergency order permit or cancels a 18
person's biosecurity emergency order permit, must give the 19
person an information notice for the decision to refuse to 20
grant, grant on conditions, amend or cancel. 21
(9) This section does not apply to an inspector who is also a 22
police officer. 23
108 Offences relating to biosecurity emergency order permits 24
(1) A person who holds a biosecurity emergency order permit 25
must comply with the conditions of the permit unless the 26
person has a reasonable excuse. 27
Maximum penalty--1000 penalty units or 1 year's 28
imprisonment. 29
(2) A person who holds a biosecurity emergency order permit 30
must, while acting, or purportedly acting, under the authority 31
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of the permit, carry the permit with the person unless the 1
person has a reasonable excuse. 2
Maximum penalty--100 penalty units. 3
(3) A person who holds a biosecurity emergency order permit 4
must, if asked to do so by an authorised officer, and unless the 5
person has a reasonable excuse, produce it to the authorised 6
officer for the authorised officer's inspection-- 7
(a) if the person is at the time of the request acting, or 8
purportedly acting, under the authority of the 9
permit--immediately; or 10
(b) otherwise--within the shortest practicable time after the 11
request is made. 12
Maximum penalty--100 penalty units. 13
Division 5 Reports about biosecurity 14
emergencies 15
109 Tabling of report 16
(1) The Minister must table in the Legislative Assembly a report 17
about a biosecurity emergency the subject of a biosecurity 18
emergency order within 6 months after the biosecurity 19
emergency ends. 20
(2) The report about the biosecurity emergency must state the 21
following-- 22
(a) the subject matter, nature and extent of the biosecurity 23
emergency; 24
(b) when and why the biosecurity emergency order was 25
made, when it took effect and when it expired or was 26
revoked; 27
(c) the biosecurity emergency area for the biosecurity 28
emergency order; 29
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(d) the duties and obligations, for the movement of 1
biosecurity matter or carriers, imposed on-- 2
(i) occupiers of any place within the biosecurity 3
emergency area or a part of the area; and 4
(ii) other persons in or in the vicinity of the biosecurity 5
emergency area or a part of the area; 6
(e) any conditions relating to the conduct of the response to 7
the biosecurity emergency; 8
(f) any other matter the Minister considers appropriate. 9
Part 2 Movement control orders 10
110 Chief executive may make movement control order 11
(1) The chief executive may, by notice signed by the chief 12
executive and published on the department's website, make an 13
order (a movement control order) for managing, reducing or 14
eradicating stated biosecurity matter (controlled biosecurity 15
matter for the movement control order) by prohibiting or 16
restricting the movement of biosecurity matter, including 17
controlled biosecurity matter, or of a carrier. 18
(2) A movement control order may be directed at managing, 19
reducing or eradicating controlled biosecurity matter over a 20
limited period rather than over an extended or indefinite 21
period. 22
Examples-- 23
A movement control order may be directed at putting in place measures 24
that are to apply in relation to biosecurity matter until biosecurity zone 25
regulatory provisions are made in relation to the biosecurity matter. 26
Also, a movement control order could be a response to the existence of 27
biosecurity matter that is limited in its extent and is able to be eradicated 28
over a short period. 29
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(3) The chief executive may make a movement control order only 1
if the chief executive is satisfied on reasonable grounds that 2
the controlled biosecurity matter under the order poses a 3
biosecurity risk of enough seriousness, and that the risk is 4
high enough, to justify the making of the order. 5
(4) A movement control order may exclude stated persons, or 6
persons of a particular class, from its operation. 7
Example-- 8
A movement control order might exclude from its operation a person 9
who has entered into a compliance agreement with the chief executive in 10
relation to controlled biosecurity matter or who is undertaking an 11
industry approved quality assurance program for managing controlled 12
biosecurity matter. 13
(5) As soon as practicable after making a movement control 14
order, the chief executive must-- 15
(a) publish in the gazette a notice of the making of the 16
movement control order, the order's subject matter 17
generally and the places where a copy of the order may 18
be obtained; and 19
(b) take all reasonable steps to ensure that persons likely to 20
be directly affected by the order are made aware of the 21
making of the order, including, for example, by some or 22
all of the following-- 23
(i) advertising in newspapers, on radio and on 24
television; 25
(ii) electronically using emails or text messages; 26
Example-- 27
sms messaging in an area to which the movement control 28
order relates 29
(iii) automated telephoning. 30
(6) A movement control order is not invalid only because of a 31
failure of the chief executive to comply with subsection (5). 32
(7) A movement control order may be preventative in nature in 33
relation to controlled biosecurity matter even if, when the 34
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order is made, there is no evidence of the controlled 1
biosecurity matter in an area the subject of the order. 2
Example-- 3
If a disease is evident in a place outside the State but not within the 4
State, a movement control order could nevertheless be directed at 5
stopping the disease from entering the State. 6
(8) Unless it is sooner revoked, a movement control order stays in 7
force until 3 months have elapsed after the order is made. 8
(9) Without limiting the chief executive's power to revoke a 9
movement control order-- 10
(a) if a movement control order is inconsistent with 11
biosecurity zone regulatory provisions, the biosecurity 12
zone regulatory provisions prevail to the extent of the 13
inconsistency; and 14
(b) a regulation may revoke a movement control order. 15
(10) To remove any doubt, it is declared that subsections (2) to (5) 16
also apply for the amendment or revocation of a movement 17
control order, to the greatest practicable extent. 18
(11) In this section-- 19
manage, biosecurity matter, includes-- 20
(a) prevent its transmission or spread; and 21
(b) address the biosecurity risk posed by it. 22
restrict includes allow on conditions. 23
111 Matters for inclusion in movement control order 24
(1) Without limiting the matters that may be included in a 25
movement control order, a movement control order must 26
include details of each of the following-- 27
(a) why the movement control order is being made; 28
(b) what the movement control order is intended to achieve; 29
(c) the areas to which the movement control order relates; 30
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(d) the controlled biosecurity matter for the order, and any 1
other biosecurity matter to which the movement control 2
order relates; 3
(e) any carrier, including a carrier of a particular type, to 4
which the movement control order relates; 5
(f) the prohibitions and restrictions that must be complied 6
with by persons to whom the order applies. 7
(2) Without limiting the ways in which an area the subject of a 8
movement control order may be identified, the area may be 9
identified by reference to any of the following-- 10
(a) an area outlined on a map; 11
(b) coordinates located using global positioning systems; 12
(c) real property descriptions; 13
(d) local government area boundaries or boundaries of 14
divisions within a local government's area; 15
(e) electoral boundaries applying for State or 16
Commonwealth elections; 17
(f) geographical features, including, for example, roads or 18
rivers. 19
(3) Without limiting how a movement control order may prohibit 20
or restrict the movement of biosecurity matter, including 21
controlled biosecurity matter, or of a carrier, a movement 22
control order may-- 23
(a) prohibit or restrict the movement of biosecurity matter 24
or a carrier-- 25
(i) into or out of the State; or 26
(ii) into, out of or within a stated area of the State; or 27
(iii) into an area adjacent to a stated area of the State, as 28
mentioned in subparagraph (ii), whether or not the 29
movement is out of the stated area; or 30
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(iv) out of an area adjacent to a stated area of the State, 1
as mentioned in subparagraph (ii), whether or not 2
the movement is into the stated area; or 3
(b) impose conditions that must be complied with for 4
movement of a type mentioned in paragraph (a); or 5
(c) give directions reasonably necessary or desirable to 6
manage, reduce or eradicate controlled biosecurity 7
matter, including directions regulating-- 8
(i) the taking to or removal from a stated area, or the 9
isolating or impounding in a stated area, of any 10
stated biosecurity matter or carrier, including any 11
fodder, grain, gravel, soil, designated animal, 12
machinery or vehicle; or 13
(ii) what a person may or may not do on land within a 14
stated area; or 15
(d) impose requirements on a person (the relevant 16
person)-- 17
(i) to inspect or test any biosecurity matter or a 18
carrier; or 19
(ii) to treat or destroy biosecurity matter (including 20
controlled biosecurity matter and biosecurity 21
matter in water) or a carrier; or 22
(iii) to clean or disinfect any place, including any 23
structure or thing at a place; or 24
(iv) for any inspection, testing, treatment, destruction, 25
disposal, transport, decontamination, cleaning, 26
disinfection or vaccination required under the 27
order to be performed-- 28
(A) by, or under the direction of, an authorised 29
officer; and 30
(B) at the expense of the relevant person; or 31
(v) to notify an inspector about-- 32
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(A) the presence of controlled biosecurity 1
matter; or 2
(B) if the person reasonably suspects the 3
presence of controlled biosecurity 4
matter--the suspected presence of the 5
biosecurity matter. 6
112 Compliance with movement control order 7
(1) A person to whom a movement control order applies must 8
comply with the order. 9
Maximum penalty--2000 penalty units or 1 year's 10
imprisonment. 11
(2) A person who fails to comply with subsection (1) does not 12
commit an offence under the subsection if the person-- 13
(a) did not know, and ought not reasonably to have known, 14
of the existence of the order; or 15
(b) has a reasonable excuse for not complying with the 16
order. 17
Note-- 18
See also section 118(5). 19
113 Effect of movement control order 20
A permit or other authorisation given under an Act other than 21
for the purpose of managing, reducing or eradicating 22
biosecurity matter is of no effect, while a movement control 23
order is in force, to the extent it is inconsistent with the 24
movement control order. 25
Example-- 26
A permit to travel designated animals along a stock route given under 27
legislation relating to the control and management of stock routes would 28
not be effective to authorise travel that is prohibited under a movement 29
control order while the order is in force. 30
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Part 3 Biosecurity zone regulatory 1
provisions 2
114 Regulation may include provisions for biosecurity zones 3
(1) A regulation may include provisions (biosecurity zone 4
regulatory provisions) that-- 5
(a) establish the whole or a part of the State as a biosecurity 6
zone for stated biosecurity matter (regulated biosecurity 7
matter for the biosecurity zone regulatory provisions) 8
that may have an adverse effect on a biosecurity 9
consideration; and 10
(b) include arrangements for managing, reducing or 11
eradicating regulated biosecurity matter in relation to 12
the biosecurity zone or areas outside the biosecurity 13
zone. 14
Examples-- 15
1 Biosecurity zone regulatory provisions might identify a particular 16
variety of plant as regulated biosecurity matter for the provisions 17
and restrict the movement and cultivation of plants of that variety 18
within particular areas of the State to reduce the risk of the 19
introduction and spread of diseases. 20
2 Biosecurity zone regulatory provisions might identify a particular 21
type of tick as regulated biosecurity matter for the provisions and 22
restrict the movement of susceptible animal species between 23
particular areas where the ticks exist and particular areas where the 24
ticks do not exist. 25
(2) Biosecurity zone regulatory provisions may be directed at 26
managing, reducing or eradicating regulated biosecurity 27
matter over an extended period of time or indefinitely. 28
(3) Biosecurity zone regulatory provisions may exclude stated 29
persons, or persons of a particular class, from their operation. 30
Examples-- 31
1 Biosecurity zone regulatory provisions might exclude from their 32
operation a person who has entered into a compliance agreement 33
with the chief executive in relation to regulated biosecurity matter. 34
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2 Biosecurity zone regulatory provisions might exclude from their 1
operation a person who is undertaking an industry approved quality 2
assurance program for managing regulated biosecurity matter. 3
(4) The chief executive must ensure that biosecurity zone 4
regulatory provisions are published in full on the department's 5
website as soon as practicable after they are gazetted. 6
(5) A regulation is not invalid only because of a failure of the 7
chief executive to comply with subsection (4). 8
(6) In this section-- 9
manage, biosecurity matter, includes-- 10
(a) prevent its transmission or spread; and 11
(b) address the biosecurity risk posed by it. 12
115 Matters for inclusion in biosecurity zone regulatory 13
provisions 14
(1) Without limiting what may be included in biosecurity zone 15
regulatory provisions, biosecurity zone regulatory provisions 16
may-- 17
(a) prohibit or regulate dealing with biosecurity matter, 18
including regulated biosecurity matter, or a carrier; or 19
Example-- 20
prohibit or regulate the planting of a particular variety of plant 21
(b) direct the eradication, in the way stated, of biosecurity 22
matter, including regulated biosecurity matter, or of a 23
carrier; or 24
Example-- 25
Biosecurity zone regulatory provisions might direct the 26
eradication of crop residues that may harbour regulated 27
biosecurity matter. 28
(c) authorise the chief executive, by notice signed by the 29
chief executive and published on the department's 30
website, to provide for either or both of the following-- 31
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(i) the establishment of particular areas within the 1
biosecurity zone; 2
(ii) the application, in relation to areas mentioned in 3
subparagraph (i), or areas otherwise established 4
under the biosecurity zone regulatory provisions, 5
of lesser restrictions than would otherwise apply 6
under the biosecurity zone regulatory provisions; 7
or 8
(d) prohibit, regulate or require the movement of 9
biosecurity matter, including regulated biosecurity 10
matter, or a carrier, into, out of or within the biosecurity 11
zone; or 12
Example-- 13
Biosecurity zone regulatory provisions might include a 14
prohibition on bringing designated animals or animal pathogens, 15
of a type identified in the biosecurity zone regulatory provisions, 16
into the biosecurity zone. 17
(e) prohibit, regulate or require the application of measures 18
to prevent the introduction, establishment or spread of 19
regulated biosecurity matter or otherwise to control the 20
regulated biosecurity matter; or 21
Example-- 22
Biosecurity zone regulatory provisions might include a 23
requirement that susceptible animal species be treated for 24
regulated biosecurity matter in the form of ticks before the 25
susceptible animal species are taken out of the biosecurity zone. 26
(f) require that any biosecurity matter, including regulated 27
biosecurity matter, or a carrier be subjected to inspection 28
or testing; or 29
Example-- 30
Biosecurity zone regulatory provisions might include a 31
requirement that soil be inspected for the presence or absence of 32
regulated biosecurity matter in the form of fire ants before being 33
brought into the biosecurity zone. 34
(g) include notification requirements for regulated 35
biosecurity matter; or 36
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(h) require the keeping and inspection of records about the 1
movement, in the course of the carrying on of business, 2
of biosecurity matter, including regulated biosecurity 3
matter, or of a carrier, into, out of or within the 4
biosecurity zone. 5
(2) Without limiting the ways in which a biosecurity zone or 6
another area may be identified, the zone or area may be 7
identified by reference to any of the following-- 8
(a) an area outlined on a map; 9
(b) coordinates located using global positioning systems; 10
(c) real property descriptions; 11
(d) local government area boundaries or boundaries of 12
divisions within a local government's area; 13
(e) electoral boundaries applying for State or 14
Commonwealth elections; 15
(f) geographical features, including, for example, roads and 16
rivers. 17
(3) A notice by the chief executive under subsection (1)(c) can 18
not impose restrictions greater than those otherwise applying 19
under the biosecurity zone regulatory provisions. 20
116 Effect of biosecurity zone regulatory provisions 21
A permit or other authorisation given under an Act other than 22
for the purpose of managing, reducing or eradicating 23
regulated biosecurity matter in relation to a biosecurity zone 24
or areas outside a biosecurity zone is of no effect, while 25
biosecurity zone regulatory provisions are in force, to the 26
extent it is inconsistent with the provisions. 27
Example-- 28
A permit to travel designated animals along a stock route given under 29
legislation relating to the control and management of stock routes would 30
not be effective to authorise travel that is prohibited under biosecurity 31
zone regulatory provisions while the provisions are in force. 32
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Part 4 Biosecurity instrument permits 1
117 Definition 2
In this part-- 3
biosecurity instrument means a movement control order or 4
biosecurity zone regulatory provisions. 5
118 Biosecurity instrument permit 6
(1) This section applies to a person who is subject to the operation 7
of a biosecurity instrument. 8
(2) The person may apply to an inspector for a permit (a 9
biosecurity instrument permit) authorising the person to 10
perform an activity, or not to perform an activity, other than in 11
compliance with the biosecurity instrument. 12
Example-- 13
A person might apply to an inspector for a permit authorising the person 14
to move animals that are carriers of regulated biosecurity matter under 15
biosecurity zone regulatory provisions to a place outside the biosecurity 16
zone for the provisions, even though the movement is otherwise 17
prohibited under the provisions. 18
(3) The inspector may grant the biosecurity instrument permit 19
only if the inspector is satisfied in the circumstances that 20
granting the permit-- 21
(a) will not increase the level of the biosecurity risk posed 22
by the regulated or controlled biosecurity matter; and 23
(b) will not otherwise be detrimental to the effectiveness of 24
the biosecurity instrument. 25
Examples of circumstances in which a permit might be granted-- 26
1 A person who has taken appropriate measures to treat animals that 27
are carriers for a disease that is controlled biosecurity matter under 28
a movement control order might be granted a biosecurity 29
instrument permit to move the animals into an area the subject of 30
the movement control order. 31
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2 A person who has entered into a compliance agreement with the 1
chief executive to manage biosecurity matter, but who is not 2
otherwise excluded from the operation of biosecurity zone 3
regulatory provisions relating to that biosecurity matter, might be 4
granted a biosecurity instrument permit not to comply with a 5
requirement included in the biosecurity zone regulatory provisions. 6
(4) A biosecurity instrument permit may be granted on conditions 7
the inspector considers necessary to ensure the matters stated 8
in subsection (3). 9
(5) A person who does not comply with a biosecurity instrument 10
does not commit the offence of failing to comply with the 11
instrument if the noncompliance is authorised by a biosecurity 12
instrument permit granted under this part. 13
(6) A biosecurity instrument permit may authorise a person to 14
perform or not to perform-- 15
(a) a stated activity; or 16
(b) activities of a stated description. 17
(7) An inspector may at any time, by notice given to the holder of 18
a biosecurity instrument permit, to preserve the intended 19
purpose and effect of the biosecurity instrument-- 20
(a) change the conditions of the permit; or 21
(b) cancel the permit. 22
(8) An inspector who refuses to grant a biosecurity instrument 23
permit to a person, grants a biosecurity instrument permit to a 24
person on conditions, amends the conditions of a person's 25
biosecurity instrument permit or cancels a person's 26
biosecurity instrument permit must give the person an 27
information notice for the decision to refuse to grant, grant on 28
conditions, amend or cancel. 29
(9) A biosecurity instrument permit can not authorise a person to 30
perform an activity, or not to perform an activity, other than in 31
compliance with a biosecurity emergency order. 32
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119 Offences relating to biosecurity instrument permits 1
(1) A person who holds a biosecurity instrument permit must 2
comply with the conditions of the permit unless the person has 3
a reasonable excuse. 4
Maximum penalty--2000 penalty units or 1 year's 5
imprisonment. 6
(2) A person who holds a biosecurity instrument permit must, 7
while acting, or purportedly acting, under the authority of the 8
permit, carry the permit with the person unless the person has 9
a reasonable excuse. 10
Maximum penalty--100 penalty units. 11
(3) A person who holds a biosecurity instrument permit must, if 12
asked to do so by an authorised officer, and unless the person 13
has a reasonable excuse, produce it to the authorised officer 14
for the authorised officer's inspection-- 15
(a) if the person is at the time of the request acting, or 16
purportedly acting, under the authority of the 17
permit--immediately; or 18
(b) otherwise--within the shortest practicable time after the 19
request is made. 20
Maximum penalty--100 penalty units. 21
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Chapter 6 Registration of biosecurity 1
entities and designated 2
animal identification 3
Part 1 Preliminary 4
120 What is a designated animal 5
A designated animal is-- 6
(a) an animal that is a member of any of the following 7
groups of animals-- 8
(i) cattle; 9
(ii) sheep; 10
(iii) goats; 11
(iv) pigs; 12
(v) bison; 13
(vi) buffalo; 14
(vii) deer; 15
(viii) the family Camelidae; 16
Examples of members of the family Camelidae-- 17
alpacas, Arabian camels, llamas 18
(ix) the family Equidae; 19
Examples of members of the family Equidae-- 20
horses, ponies, donkeys, mules, zebras 21
(x) captive birds; 22
(xi) bees; or 23
(b) an animal prescribed under a regulation as a designated 24
animal (a prescribed designated animal). 25
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121 What is a specified animal 1
A specified animal is-- 2
(a) an animal that is a designated animal because it is a 3
member of any of the following groups of animals-- 4
(i) cattle; 5
(ii) sheep; 6
(iii) goats; 7
(iv) pigs; 8
(v) bison; 9
(vi) buffalo; 10
(vii) alpacas; 11
(viii) llamas; or 12
(b) a designated animal prescribed under a regulation as a 13
specified animal. 14
122 What is designated biosecurity matter 15
(1) Designated biosecurity matter is biosecurity matter 16
prescribed under a regulation as designated biosecurity matter. 17
(2) Biosecurity matter that is a designated animal, a prion, a 18
disease or a contaminant can not be prescribed under 19
subsection (1) as designated biosecurity matter. 20
123 What is the threshold number of designated animals 21
The threshold number, of designated animals other than bees, 22
is-- 23
(a) for designated animals other than prescribed designated 24
animals-- 25
(i) for designated animals other than captive birds--1; 26
or 27
(ii) for captive birds--100; or 28
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(b) for prescribed designated animals-- 1
(i) the threshold number prescribed under a 2
regulation; or 3
(ii) if no number is prescribed--1. 4
124 What is the threshold amount of designated biosecurity 5
matter 6
The threshold amount, of designated biosecurity matter, is 7
the amount prescribed under a regulation as the threshold 8
amount for the designated biosecurity matter. 9
125 Who keeps a designated animal 10
(1) A person keeps a designated animal if the person effectively 11
has responsibility for the care and control of the animal, 12
whether or not the care and control is exercised through an 13
agent or employee of the person. 14
(2) However, if at any time it is not reasonably practicable to 15
identify who is the keeper of a designated animal under 16
subsection (1), the person who at law has title to the animal is 17
the person who keeps the animal. 18
(3) Each of subsections (4) and (5) identifies a person who, in 19
addition to the person who, under subsection (1) or (2), keeps 20
a designated animal, could also be a keeper of the animal. 21
(4) A person (the relevant person) keeps a designated animal 22
(other than a bee) if-- 23
(a) the animal is located at a holding facility; and 24
(b) the relevant person has final responsibility for the 25
operation of the holding facility whether or not the 26
operation of the facility is carried out through an agent 27
or employee of the relevant person. 28
(5) A person (also the relevant person) keeps a designated animal 29
(other than a bee) if-- 30
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(a) the animal is being travelled on a stock route, or is on a 1
reserve for the travelling of designated animals in 2
association with their being travelled on a stock route; 3
and 4
(b) the relevant person has final responsibility for the 5
travelling of the animal on the stock route, whether or 6
not the travelling of the animal is carried out through an 7
agent or employee of the relevant person. 8
126 Who holds designated biosecurity matter 9
(1) A person holds designated biosecurity matter if the person is 10
effectively in day-to-day control of the biosecurity matter, 11
whether or not that control is exercised personally or through 12
an agent or employee. 13
(2) However, if at any time it is not reasonably practicable to 14
identify who is the holder of designated biosecurity matter 15
under subsection (1), the person who at law has title to the 16
biosecurity matter is the person who holds the biosecurity 17
matter. 18
127 What is a registrable biosecurity entity 19
(1) A person is a registrable biosecurity entity if the person-- 20
(a) keeps the threshold number or more of designated 21
animals other than bees; or 22
(b) holds the threshold amount or more of designated 23
biosecurity matter; or 24
(c) keeps designated animals that are bees. 25
(2) For subsection (1), it does not matter whether the keeping or 26
holding happens at 1 place or 2 or more places in the State. 27
(3) However, for identifying a registrable biosecurity entity, 2 or 28
more persons could, taken together, be a registrable 29
biosecurity entity even though 1 of those persons, acting 30
separately, could be a separate registrable biosecurity entity. 31
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Example for subsection (3)-- 1
Persons A and B, acting in partnership, keep pigs. A and B together are 2
a registrable biosecurity entity for the keeping of those pigs. 3
Additionally, person A, acting alone and outside of the partnership, 4
keeps other pigs. Person A is a separate registrable biosecurity entity for 5
the keeping of the other pigs. 6
128 What is a biosecurity circumstance 7
A biosecurity circumstance is-- 8
(a) the keeping of designated animals; or 9
(b) the holding of designated biosecurity matter. 10
129 Who is the occupier of a place 11
(1) The occupier of a place is the person who, whether or not the 12
owner of the place, is the person who is effectively in 13
day-to-day control of the place, whether or not that control is 14
exercised through an agent or employee. 15
(2) However, if at any time it is not reasonably practicable to 16
decide who is the occupier of a place under subsection (1), the 17
person who is the owner of the place is also the occupier of 18
the place. 19
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Part 2 Registration and related 1
requirements 2
Division 1 Registration of registrable 3
biosecurity entities 4
130 Registrable biosecurity entity must apply for registration 5
(1) A registrable biosecurity entity must, in compliance with this 6
part, and unless the person has a reasonable excuse, apply for 7
registration under this part unless the chief executive has 8
given a registration exemption for the entity. 9
Maximum penalty--100 penalty units. 10
(2) The obligation under subsection (1) to apply for registration 11
commences immediately a person becomes a registrable 12
biosecurity entity, and must be complied with within 14 days 13
after the obligation commences or within any longer period 14
approved by the chief executive under this section. 15
(3) If a person is a registrable biosecurity entity because of each 16
of 2 or more biosecurity circumstances, the person must apply 17
for registration for each of the circumstances. 18
Example-- 19
A corporation keeps 30 cattle and 20 pigs and holds more than the 20
threshold amount of designated biosecurity matter, therefore providing 21
3 biosecurity circumstances because of which the corporation is a 22
registrable biosecurity entity. The corporation must apply for 23
registration under this part for each of the 3 circumstances. 24
(4) However, the entity may combine the applications in the 1 25
application document. 26
(5) An entity may apply to the chief executive to approve a longer 27
period for applying for registration. 28
(6) An application under subsection (5) must be made in the 29
approved form. 30
(7) The chief executive may decide the application by-- 31
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(a) approving the longer period applied for; or 1
(b) approving a period less than that applied for; or 2
(c) approving a longer period on conditions; or 3
(d) refusing to approve a longer period. 4
(8) If the chief executive acts under subsection (7)(b), (c) or (d), 5
the chief executive must give the entity an information notice 6
for the decision on the application. 7
131 Approval for registrable biosecurity entity to remain 8
unregistered 9
(1) A registrable biosecurity entity may apply to the chief 10
executive for exemption (a registration exemption for the 11
entity) from the requirement that the entity apply for 12
registration under this part. 13
(2) The application must be in the approved form. 14
(3) The approval may be given only if the chief executive is 15
satisfied-- 16
(a) generally--that no biosecurity circumstance applying to 17
the entity poses a biosecurity risk; and 18
(b) to the extent the registration exemption applied for 19
relates to the entity's keeping of designated animals 20
other than captive birds or bees--that-- 21
(i) the designated animals are pets or are for personal 22
consumption; and 23
(ii) the number of the designated animals kept by the 24
entity is no more than 2; and 25
(iii) the keeping of the designated animals by the entity 26
is otherwise lawful; and 27
(c) to the extent the registration exemption applied for 28
relates to the entity's keeping of bees--that-- 29
(i) the bees are in a hive brought into the State from 30
another State; and 31
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(ii) the bees have been in the State for not more than a 1
total of 90 days in the immediately preceding 12 2
months; and 3
(iii) the keeping of the bees complies with the 4
requirements that would apply under the law of the 5
other State if the bees were being kept in that State. 6
(4) If the chief executive decides to refuse the application, the 7
chief executive must give the applicant an information notice 8
for the decision to refuse the application. 9
132 Application for registration before becoming a registrable 10
biosecurity entity 11
(1) A person who is not a registrable biosecurity entity for a 12
biosecurity circumstance, but reasonably expects to become a 13
registrable biosecurity entity for the circumstance, may apply 14
for registration under this part as if the person were a 15
registrable biosecurity entity for the circumstance. 16
(2) Subsection (3) applies if, on a day (the relevant day)-- 17
(a) a person expects, or ought reasonably to expect, that the 18
person will, for an event period, be a registrable 19
biosecurity entity for a biosecurity circumstance; and 20
(b) the person is not a registered biosecurity entity for the 21
biosecurity circumstance for the event period. 22
(3) The person must, as required under subsection (4) and unless 23
the person has a reasonable excuse, apply for registration 24
under this part for the biosecurity circumstance as if the 25
person were a registrable biosecurity entity for the 26
circumstance. 27
Maximum penalty--100 penalty units. 28
Example of a person to whom subsection (3) might apply-- 29
A person operates a place as a cattle saleyard on an occasional basis, but 30
the person does not hold a current registration under this part for the 31
keeping of cattle at the saleyard. However, the person is planning to hold 32
a sale at the saleyard for 2 days, starting in 30 days. The person is about 33
to advertise the sale and fully expects the sale to proceed as planned. 34
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(4) The application must be made as soon as reasonably 1
practicable but, unless it is not reasonably practicable, must be 2
made before the commencement of the event period. 3
(5) In this section-- 4
event period means a period, of not more than 14 days-- 5
(a) starting after the relevant day; and 6
(b) ending before the end of the 90 days immediately 7
following the relevant day. 8
133 Application requirements for registration of registrable 9
biosecurity entity 10
An application for the registration of a registrable biosecurity 11
entity must-- 12
(a) be in the approved form; and 13
(b) be made to the chief executive by the entity; and 14
(c) state all of the following details (the designated details 15
for the entity)-- 16
(i) to the extent reasonably practicable, the real 17
property description, address, local government 18
area and any name, of each place (each a 19
designated place) where the keeping of designated 20
animals or the holding of designated biosecurity 21
matter happens or may happen; 22
(ii) the name, address and contact details of the entity; 23
(iii) if the applicant is not the occupier of a designated 24
place--the name, address and contact details of the 25
occupier of the place; 26
(iv) whether the occupier of any designated place is 27
also the owner of the designated place, and if not, 28
the name, address and contact details of the owner 29
of the designated place; 30
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(v) to the extent the application relates to the keeping 1
of designated animals other than bees--the 2
approximate numbers of each type of designated 3
animal; 4
(vi) to the extent the application relates to the holding 5
of designated biosecurity matter--the approximate 6
area of the land on which the biosecurity matter is 7
held, and any other matters about the land 8
prescribed under a regulation; and 9
(d) include any information of which the applicant is aware 10
that could help the chief executive decide-- 11
(i) the biosecurity risk status details for the proposed 12
registered biosecurity entity; and 13
(ii) whether any place the subject of the application 14
should be declared a restricted place; and 15
(e) be accompanied by the fee prescribed under a 16
regulation; and 17
(f) be accompanied by evidence the chief executive 18
reasonably requires that the person identified in the 19
application as the registrable biosecurity entity is the 20
appropriate person to make the application. 21
134 Registration of biosecurity entity 22
(1) On receiving from a person an application for registration, 23
other than an application for the keeping of bees, the chief 24
executive must consider the application and if it complies with 25
the requirements for an application, must as soon as 26
practicable-- 27
(a) register the person as a registered biosecurity entity in 28
the biosecurity register; and 29
(b) decide the biosecurity risk status details for the entity; 30
and 31
(c) advise the person of the registration; and 32
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(d) give the person an information notice for the chief 1
executive's decision about the registration details, 2
including the entity's biosecurity risk status details. 3
(2) On receiving from a person an application for registration for 4
the keeping of bees, the chief executive must consider the 5
application and as soon as practicable-- 6
(a) decide whether to grant, grant with conditions or refuse 7
the application; and 8
(b) if the application is granted-- 9
(i) register the person as a registered biosecurity entity 10
in the biosecurity register; and 11
(ii) decide the biosecurity risk status details for the 12
entity; and 13
(iii) advise the person of the registration; and 14
(iv) give the person an information notice for the chief 15
executive's decision about the registration details, 16
including the entity's biosecurity risk status details; 17
and 18
(c) if the application is refused, or the chief executive 19
imposes conditions on the registration, give the person 20
an information notice for the decision to refuse or 21
impose conditions. 22
135 Inquiry about application for registration relating to bees 23
(1) Before deciding an application for registration for the keeping 24
of bees, the chief executive-- 25
(a) may make inquiries to decide the suitability of the 26
applicant to obtain registration under this part for the 27
keeping of bees; and 28
(b) may, by notice given to the applicant, require the 29
applicant to give the chief executive within the 30
reasonable period of at least 30 days stated in the notice, 31
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further information or a document the chief executive 1
reasonably requires to decide the application. 2
(2) The applicant is taken to have withdrawn the application if, 3
within the stated period, the applicant does not comply with a 4
requirement under subsection (1)(b). 5
(3) A notice under subsection (1)(b) must be given to the 6
applicant within 30 days after the chief executive receives the 7
application. 8
(4) The information or document under subsection (1)(b) must, if 9
the notice requires, be verified by statutory declaration. 10
136 Suitability of person for registration relating to bees 11
In deciding whether the applicant is a suitable person to obtain 12
registration under this part for the keeping of bees, the chief 13
executive may have regard to the following-- 14
(a) whether the applicant has been refused registration 15
under this Act or corresponding registration under a 16
repealed Act or a corresponding law to this Act; 17
(b) whether the applicant held registration under this Act or 18
corresponding registration under a repealed Act or a 19
corresponding law to this Act, that was suspended or 20
cancelled; 21
(c) whether the applicant or, if the applicant is a corporation 22
or an incorporated association, whether an executive 23
officer of the corporation or a member of the 24
association's management committee has a conviction 25
for a relevant biosecurity offence, other than a spent 26
conviction; 27
(d) any other matter the chief executive considers relevant 28
to the person's ability to deal with bees under the 29
registration applied for, including the applicant's 30
capacity to comply with any conditions of the 31
registration. 32
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137 Failure to decide application for registration relating to 1
bees 2
(1) Subject to subsections (2) and (3), if the chief executive fails 3
to decide an application for registration for the keeping of 4
bees within 30 days after its receipt, the failure is taken to be a 5
decision by the chief executive to refuse to grant the 6
application. 7
(2) Subsection (3) applies if-- 8
(a) a person has made an application for registration for the 9
keeping of bees; and 10
(b) the chief executive has, under section 135(1), required 11
the applicant to give the chief executive further 12
information or a document. 13
(3) The chief executive is taken to have refused to grant the 14
application if the chief executive does not decide the 15
application within 30 days after the chief executive receives 16
the further information or document. 17
(4) If the application is taken to be refused under this section, the 18
applicant is entitled to be given an information notice by the 19
chief executive for the decision. 20
138 Chief executive may register person without application 21
(1) This section applies if the chief executive considers a person 22
is, or is likely to become, a registrable biosecurity entity. 23
(2) The chief executive may register the person under this part-- 24
(a) even though the person has not applied for registration; 25
and 26
(b) even if the person can be expected to be a registrable 27
biosecurity entity only on a temporary basis. 28
(3) However, before registering the person under this part, the 29
chief executive must-- 30
(a) give the person a notice stating-- 31
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(i) that the chief executive proposes to register the 1
person because the person is, or is likely to 2
become, a registrable biosecurity entity; and 3
(ii) a reasonable period within which the person may 4
make written submissions to the chief executive 5
about whether the person is, or is likely to become, 6
a registrable biosecurity entity; and 7
(b) consider any written submission made by the person 8
within the stated period. 9
(4) On registering the person as a registered biosecurity entity in 10
the biosecurity register, the chief executive must-- 11
(a) decide the biosecurity risk status details for the entity; 12
and 13
(b) advise the person of the registration; and 14
(c) give the person an information notice for-- 15
(i) the chief executive's decision to register the person 16
without having received an application for 17
registration; and 18
(ii) the chief executive's decision about the registration 19
details, including the entity's biosecurity risk status 20
details. 21
139 Allocation of PICs 22
(1) This section applies if the chief executive registers a person as 23
a registered biosecurity entity under this part for the person's 24
keeping of designated animals (other than bees). 25
(2) The chief executive must allocate a property identification 26
code (a PIC) to any designated place the subject of the 27
registration unless a PIC has already been allocated to the 28
place because of another registration under this part. 29
(3) The chief executive may give a registered biosecurity entity a 30
PIC other than for a designated place, and include the PIC in 31
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the biosecurity register, if the chief executive is satisfied it is 1
necessary for the integrity of the NLIS. 2
(4) The chief executive must take any action the chief executive 3
considers appropriate, including by cancelling or replacing a 4
PIC and amending the biosecurity register accordingly, to 5
ensure to the greatest practicable extent that any 1 place the 6
details of which are recorded in the register has only 1 PIC 7
that is unique to that place. 8
(5) If the chief executive takes any action under subsection (4) 9
that affects the registration details of a registered biosecurity 10
entity, the chief executive must give the entity an information 11
notice for the decision to take the action. 12
(6) Subject to other requirements of this chapter relating to PICs, 13
a PIC may take any form the chief executive considers 14
appropriate. 15
140 Registered biosecurity entity may apply for 16
deregistration 17
(1) If a person that is a registered biosecurity entity ceases to be a 18
registrable biosecurity entity for a biosecurity circumstance, 19
the person may apply to the chief executive for the person's 20
deregistration as a registered biosecurity entity for the 21
circumstance. 22
(2) The application must be in the approved form. 23
(3) The chief executive must remove the person from the 24
biosecurity register if satisfied the person is no longer a 25
registrable biosecurity entity for the biosecurity circumstance. 26
(4) Otherwise, the chief executive must refuse the application. 27
(5) If the chief executive decides to refuse the application, the 28
chief executive must give the applicant for deregistration an 29
information notice for the decision to refuse. 30
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141 Registered biosecurity entity to be given proof of 1
registration 2
(1) The chief executive may give a registered biosecurity entity 3
proof of the entity's registration in the form approved by the 4
chief executive. 5
(2) The chief executive must give a registered biosecurity entity 6
proof of registration as mentioned in subsection (1) if the 7
entity asks for it. 8
142 No transfer of registration 9
A registered biosecurity entity's registration can not be 10
transferred. 11
143 Term of registration 12
(1) The term of the registration of a registered biosecurity entity 13
is the term decided by the chief executive, having regard to the 14
circumstances of the entity, but must not be more than 3 years. 15
(2) If the term of a registration is made up of 2 or more separate 16
periods, the separate periods must be within a period of not 17
more than 3 years. 18
Example for subsection (2)-- 19
An agricultural show society becomes registered as a registered 20
biosecurity entity for the keeping of various designated animals for a 21
2-week period at the same time each year. The term of the registration 22
could not be more than 3 of those 2-week periods. 23
144 Renewal of registration 24
(1) When the term of a registration as a registered biosecurity 25
entity ends, the chief executive must renew the registration 26
unless the chief executive has been otherwise advised by the 27
entity. 28
(2) Subsection (1) does not stop the chief executive from at any 29
time requiring a registered biosecurity entity to give the chief 30
executive information the chief executive reasonably requires 31
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for confirming the continuing accuracy of any aspect of the 1
entity's registration details. 2
(3) A registered biosecurity entity must comply with a 3
requirement made to the entity under subsection (2) unless the 4
entity has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(4) This section does not apply to a registration to the extent it 7
relates to the keeping of bees. 8
Division 2 Special provisions relating to the 9
keeping of bees 10
145 Prohibition on keeping of bees without registration 11
(1) A person must not keep bees unless-- 12
(a) the bees are kept in a hive; and 13
(b) the person is a registered biosecurity entity for the 14
keeping of the bees. 15
Maximum penalty--50 penalty units. 16
(2) A person does not commit an offence under subsection (1)(b) 17
if-- 18
(a) the person has applied for registration under this part for 19
the keeping of the bees, and-- 20
(i) the application has not been decided; or 21
(ii) the application has been decided, but all reviews 22
and appeals available because of the decision are 23
not completed; or 24
(b) the chief executive has given the person a registration 25
exemption for the keeping of the bees. 26
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146 Additional information for application for registration 1
If a registrable biosecurity entity applies for registration under 2
this part for the keeping of bees, the application must also 3
state-- 4
(a) whether the registrable biosecurity entity or, if the entity 5
is a corporation, whether any executive officer of the 6
entity has a conviction for a relevant biosecurity offence, 7
other than a spent conviction; and 8
(b) if an offence is disclosed under paragraph (a), enough 9
detail about the circumstances of the offence to allow 10
the chief executive to decide whether it is appropriate to 11
register the entity as a registered biosecurity entity for 12
the keeping of bees. 13
147 Allocation of HIN 14
(1) If the chief executive registers a registrable biosecurity entity 15
under this part for the entity's keeping of bees, the chief 16
executive must allocate a hive identification number (a HIN) 17
to the entity for the entity's hives. 18
(2) The chief executive must take any action the chief executive 19
considers appropriate, including by cancelling or replacing a 20
HIN and amending the biosecurity register accordingly, to 21
ensure to the greatest practicable extent that a registered 22
biosecurity entity has only 1 HIN that is unique to the entity's 23
hives. 24
(3) If the chief executive takes any action under subsection (2) 25
that affects the registration details of a registered biosecurity 26
entity, the chief executive must give the entity an information 27
notice for the decision to take the action. 28
(4) A HIN may take any form the chief executive considers 29
appropriate. 30
(5) A registered biosecurity entity that has a HIN allocated to it 31
by the chief executive must ensure that the hives the entity 32
uses for the keeping of bees are marked or branded with the 33
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HIN, in the way prescribed under a regulation, to the 1
following extent-- 2
(a) for each group of 50 hives--at least 1 hive in the group 3
must be marked or branded; 4
(b) subject to paragraph (a), for any group of less than 50 5
hives--at least 1 hive in the group must be marked or 6
branded. 7
Maximum penalty--50 penalty units. 8
148 Display of information about registered biosecurity entity 9
(1) This section applies if hives that a registered biosecurity entity 10
uses for the keeping of bees are located other than on land that 11
is or that is adjacent to land that is residential land of the 12
entity. 13
(2) The entity must, on 1 of the hives, or in a conspicuous place 14
within the hives, display a notice that complies with the 15
requirements, and contains the information relating to the 16
entity's registration under this part, prescribed under a 17
regulation. 18
Maximum penalty--20 penalty units. 19
(3) In this section-- 20
residential land, of a registered biosecurity entity, means land 21
on which is located the usual place of residence of-- 22
(a) the entity; or 23
(b) an executive officer, agent or employee of the entity. 24
149 Conditions for the keeping of bees 25
(1) The registration of a registrable biosecurity entity under this 26
part for the keeping of bees is subject to the following 27
conditions-- 28
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(a) a condition that the entity must comply with the 1
requirements of any code of practice made under this 2
Act for the keeping of bees; 3
(b) other reasonable conditions imposed by the chief 4
executive, directed at minimising biosecurity risk and 5
ensuring that the entity complies with its general 6
biosecurity obligations under this Act. 7
(2) The chief executive may impose conditions mentioned in 8
subsection (1)(b) on the initial registration, and may impose 9
further conditions, or remove or amend conditions-- 10
(a) on any renewal of the registration; and 11
(b) on any amendment of the registration; and 12
(c) at any other time the chief executive considers 13
appropriate, having regard to the entity's biosecurity 14
obligation as it applies from time to time. 15
(3) If the conditions of a registered biosecurity entity's 16
registration are added to or amended under subsection (2), the 17
chief executive must give the entity an information notice for 18
the decision to add to or amend the conditions. 19
150 Application for renewal 20
(1) A registered biosecurity entity may apply to the chief 21
executive for renewal of the entity's registration under this 22
part for the keeping of bees. 23
(2) The application must-- 24
(a) be made within 60 days before the registration ends; and 25
(b) be in the approved form; and 26
(c) be accompanied by the fee prescribed under a 27
regulation. 28
(3) The chief executive must consider the application and decide 29
to renew, or refuse to renew, the registration. 30
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(4) In deciding the application, the chief executive may have 1
regard to-- 2
(a) matters to which the chief executive may have regard in 3
deciding appropriateness or suitability for registration 4
under this Act for the keeping of bees; and 5
(b) the results of inspections to monitor the entity's 6
compliance with this Act in the term of the current 7
registration. 8
(5) If the chief executive decides to refuse to renew the 9
registration, the chief executive must as soon as practicable 10
give the registered biosecurity entity an information notice for 11
the decision. 12
151 Inquiry about application 13
(1) Before deciding an application under section 150, the chief 14
executive may, by notice given to the applicant, require the 15
applicant to give the chief executive, within the reasonable 16
period of at least 30 days stated in the notice, further 17
information or a document the chief executive reasonably 18
requires to decide the application. 19
(2) The applicant is taken to have withdrawn the application if, 20
within the stated period, the applicant does not comply with 21
the requirement. 22
(3) A notice under subsection (1) must be given to the applicant 23
within 30 days after the chief executive receives the 24
application. 25
(4) The information or document under subsection (1) must, if the 26
notice requires, be verified by statutory declaration. 27
152 Failure to decide application 28
(1) Subject to subsections (2) and (3), if the chief executive fails 29
to decide an application for renewal of a registered biosecurity 30
entity's registration under this part for the keeping of bees 31
within 30 days after its receipt, the failure is taken to be a 32
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decision by the chief executive to refuse to grant the 1
application. 2
(2) Subsection (3) applies if-- 3
(a) a registered biosecurity entity has made an application 4
for renewal of the entity's registration under this part for 5
the keeping of bees; and 6
(b) the chief executive has, under section 151(1), required 7
the applicant to give the chief executive further 8
information or a document. 9
(3) The chief executive is taken to have refused to grant the 10
application if the chief executive does not decide the 11
application within 30 days after the chief executive receives 12
the further information or document. 13
(4) If the application is taken to be refused under this section, the 14
applicant is entitled to be given an information notice by the 15
chief executive for the decision. 16
153 Registration continues pending decision about renewal 17
(1) If a registered biosecurity entity applies for renewal of the 18
entity's registration under this part for the keeping of bees, the 19
registration is taken to continue in force from the day it would, 20
apart from this section, have ended until the application is 21
decided or, under this part, taken to have been decided or is 22
taken to have been withdrawn. 23
(2) However, if the chief executive decides to refuse to renew the 24
registration, or is taken to refuse to renew the registration, the 25
registration continues in force until the information notice for 26
the decision is given to the applicant. 27
(3) Subsection (1) does not apply if the registration is earlier 28
suspended or cancelled. 29
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Division 3 Restricted places 1
154 Inclusion of restricted places in biosecurity register 2
(1) This section applies if the chief executive is satisfied on 3
reasonable grounds that a particular place could pose a 4
biosecurity risk. 5
Example-- 6
Because of the presence of contaminants consisting of heavy metals in 7
soil at a place, plants grown at the place could contain unacceptable 8
levels of the contaminants which could enter the food chain. 9
(2) The chief executive may-- 10
(a) by an appropriate entry in the biosecurity register-- 11
(i) declare the place to be a restricted place; and 12
(ii) declare how use of the place is to be restricted; and 13
(b) give each of the following an information notice for the 14
chief executive's decision to make the entry and 15
declarations under paragraph (a)-- 16
(i) the occupier of the place; 17
(ii) the owner of the place; 18
(iii) any entity that is, or is reasonably expected to 19
become, a registered biosecurity entity and for 20
whom the place is, or is reasonably expected to be, 21
for the entity's registration, a designated place. 22
(3) For subsection (1), it does not matter whether the place is or is 23
not a designated place for an entity's registration as a 24
registered biosecurity entity. 25
(4) However, the chief executive may, in deciding whether to 26
declare a place to be a restricted place, have regard to the 27
biosecurity risk status details registered or to be registered for 28
the entity in the biosecurity register. 29
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155 Compliance with restricted place restrictions 1
(1) While a place is a restricted place, a person must not perform 2
any activity in relation to the place that contravenes any 3
restriction recorded in the biosecurity register about how the 4
place is to be used. 5
Maximum penalty--800 penalty units. 6
(2) A person does not commit an offence under subsection (1) for 7
the performance of an activity if the person-- 8
(a) did not know, and ought not reasonably to have known, 9
of the existence of the restriction; or 10
(b) has a reasonable excuse for the performance of the 11
activity. 12
156 Removal of restricted place from biosecurity register 13
(1) The chief executive may end the declaration of a place as a 14
restricted place by removing from the biosecurity register the 15
entry about the place declaring it to be a restricted place. 16
(2) The chief executive may remove the entry from the 17
biosecurity register only if the chief executive is satisfied on 18
reasonable grounds that the place no longer poses a 19
biosecurity risk. 20
(3) The removal of an entry under subsections (1) and (2) may 21
happen-- 22
(a) on the chief executive's own initiative; or 23
(b) after consideration of an application under this part for 24
removal of the entry. 25
157 Application for removal of restricted place from 26
biosecurity register 27
(1) A person may apply to the chief executive for the removal of 28
the entry for a restricted place from the biosecurity register. 29
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(2) To make an application under subsection (1), the applicant 1
must be-- 2
(a) the occupier of the place; or 3
(b) the owner of the place; or 4
(c) any entity that is, or is reasonably expected to become, a 5
registered biosecurity entity and for whom the place is, 6
or is reasonably expected to be, for the entity's 7
registration, a designated place. 8
(3) The application must-- 9
(a) be in the approved form; and 10
(b) be accompanied by the fee prescribed under a 11
regulation; and 12
(c) outline the steps taken to ensure that the place no longer 13
poses a biosecurity risk; and 14
(d) include evidence, including, for example, reports 15
prepared by suitably qualified persons, supporting the 16
conclusion that the place no longer poses a biosecurity 17
risk. 18
158 Chief executive may seek further information or 19
documents 20
(1) The chief executive may, by notice to an applicant for the 21
removal of the entry for a restricted place from the biosecurity 22
register, require the applicant to give the chief executive, 23
within a stated reasonable period, further information or a 24
document the chief executive reasonably requires to decide 25
the application. 26
(2) The applicant is taken to have withdrawn the application if, 27
within the stated period, the applicant does not comply with 28
the requirement. 29
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159 Decision on application 1
(1) Subject to any requirement for further information or 2
documents, the chief executive must consider an application 3
for the removal of the entry for a restricted place from the 4
biosecurity register, and decide whether to-- 5
(a) grant the application; or 6
(b) refuse the application. 7
(2) If the chief executive decides to refuse the application, the 8
chief executive must give the applicant an information notice 9
for the decision. 10
(3) The chief executive is taken to have refused the application if 11
the chief executive does not decide the application within the 12
decision period. 13
(4) If the application is refused under subsection (3), the applicant 14
is entitled to be given by the chief executive an information 15
notice for the decision. 16
(5) If the chief executive decides to grant the application, the 17
chief executive must-- 18
(a) advise the applicant of the decision; and 19
(b) as soon as practicable, remove the entry from the 20
biosecurity register; and 21
(c) advise the applicant when the entry is removed from the 22
biosecurity register. 23
(6) In this section-- 24
decision period means-- 25
(a) 30 days after the application for removal of the entry is 26
made; or 27
(b) if the chief executive asks for further information or a 28
document to decide the application, the sum of the 29
following days after the application is made-- 30
(i) 30 days; 31
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(ii) the number of days from the day the chief 1
executive asks for the further information or 2
documents to the day the chief executive receives 3
the further information or documents. 4
Division 4 NLIS administrator 5
160 Power to disclose designated information to approved 6
NLIS administrator 7
(1) The chief executive may, by gazette notice, approve an entity 8
as the administrator of the NLIS database (the approved NLIS 9
administrator). 10
(2) The chief executive may, on the chief executive's own 11
initiative, give the approved NLIS administrator any 12
registered information about a registered biosecurity entity to 13
the extent the information is relevant to specified animals kept 14
by the entity. 15
(3) The information may be given subject to conditions the chief 16
executive considers appropriate, including, for example, a 17
condition that the approved NLIS administrator gives, and 18
continues to give, the chief executive access to information in 19
the NLIS database. 20
Division 5 The biosecurity register 21
161 Chief executive's obligation to keep register 22
The chief executive must keep a register of registered 23
biosecurity entities and restricted places (the biosecurity 24
register). 25
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162 Information required to be kept for registered biosecurity 1
entities 2
(1) The biosecurity register must include, for each registered 3
biosecurity entity in relation to each biosecurity circumstance 4
for which the entity is a registered biosecurity entity, all of the 5
following details (the registration details)-- 6
(a) the designated details for the entity; 7
(b) any PIC that applies to the entity's registration; 8
(c) any HIN allocated for the entity's registration; 9
(d) the types of products made as a result of the keeping of 10
designated animals or holding of designated biosecurity 11
matter to which the registration relates; 12
(e) to the extent known to the chief executive--the 13
biosecurity risk status details for the entity; 14
(f) if the registration relates to the keeping of bees-- 15
(i) the names of any codes of practice made under this 16
Act for the keeping of bees; and 17
(ii) any conditions imposed by the chief executive on 18
the registration. 19
(2) The chief executive may record other information the chief 20
executive considers appropriate about a registered biosecurity 21
entity. 22
163 Requirement for change notice 23
If a registered biosecurity entity becomes aware of a change 24
that affects or may affect the accuracy of the entity's 25
designated details, the entity must, as soon as practicable, give 26
the chief executive notice of the change (a change notice). 27
Maximum penalty--50 penalty units. 28
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164 Correction and updating of biosecurity register for 1
registered biosecurity entities 2
(1) The chief executive may correct the designated details for a 3
registered biosecurity entity if satisfied that-- 4
(a) the designated details are incorrect as registered; or 5
(b) the correction is necessary to ensure the traceability of 6
designated animals or designated biosecurity matter. 7
(2) The correction may be made at the chief executive's own 8
initiative, at the registered biosecurity entity's request, or 9
because of a change notice. 10
(3) If a correction is made at the chief executive's own initiative, 11
and without a registered biosecurity entity's request or 12
consent and not because of a change notice, the chief 13
executive must give the entity an information notice for the 14
decision to make the correction. 15
(4) If the chief executive is given a change notice, the chief 16
executive must refuse to correct the designated details in 17
compliance with the change notice to the extent the chief 18
executive is satisfied that, in the circumstances, a further 19
application for registration under this part should be made. 20
(5) In this section-- 21
correct includes amend, and for a PIC or HIN, cancelling and 22
replacing it. 23
165 Public access to biosecurity register 24
(1) The chief executive must-- 25
(a) keep the biosecurity register open for inspection by 26
members of the public, by appointment or by the giving 27
of reasonable written or oral notice, at the department's 28
offices the chief executive considers appropriate; and 29
(b) allow a person, on payment of a fee approved by the 30
chief executive, to take extracts from the register; and 31
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(c) give a person, on payment of a fee approved by the chief 1
executive, a copy of the register. 2
(2) However, a person (the applicant) is not entitled to receive the 3
biosecurity risk status details for a registered biosecurity 4
entity unless-- 5
(a) the applicant is an occupier of a restricted place and the 6
biosecurity risk status details relate to the place's 7
declaration as a restricted place; or 8
(b) the applicant is the approved NLIS administrator; or 9
(c) the applicant is carrying out functions under an Act 10
administered by the department or under a law of 11
another State or the Commonwealth that provides for 12
the same or similar matters as an Act administered by 13
the department; or 14
(d) the registered biosecurity entity consents in writing; or 15
(e) disclosing the information is expressly permitted or 16
required under this Act or another Act; or 17
(f) the chief executive is satisfied disclosing the 18
information to the applicant in the circumstances will 19
contribute to-- 20
(i) the traceability of designated animals or designated 21
biosecurity matter or of disease; or 22
(ii) compliance with a standard, identified under a 23
regulation, relating to market access or reporting or 24
product integrity; or 25
(g) the chief executive is satisfied disclosing the 26
information to the applicant in the circumstances is 27
essential for the administration of a program, identified 28
under a regulation, relating to animal health control or 29
accreditation. 30
(3) A fee approved under subsection (1) must not be more than 31
the actual cost of allowing the taking of the extract or giving 32
the copy. 33
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Part 3 Specified animal identification 1
and tracing system 2
Division 1 Approved devices 3
166 Meaning of approved device 4
An approved device is a tag or other identifying device or 5
mark that-- 6
(a) may be fitted to a specified animal for use in 7
distinguishing the specified animal from all other 8
animals; and 9
(b) complies with the technical requirements decided by the 10
chief executive as applying to tags or other identifying 11
devices or marks to be fitted to specified animals. 12
167 Meaning of fit 13
For this part-- 14
fit, to an animal, other than in relation to a tag, includes the 15
following-- 16
(a) brand or tattoo the animal; 17
(b) insert into the animal. 18
168 Chief executive may approve different devices for 19
different animals or circumstances 20
(1) The chief executive may decide different specifications for 21
approved devices to be fitted to different specified animals. 22
(2) The specifications may state technical requirements for a 23
device and may also provide for any of the following-- 24
(a) the type of specified animal to which the device may be 25
fitted; 26
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(b) the circumstances that must apply to a specified animal 1
before the device may be fitted to the animal; 2
(c) the purposes for which the device may be fitted to a 3
specified animal. 4
(3) The chief executive must publish on the department's website 5
information about approved devices, including details of 6
specifications for approved devices, other than information 7
the chief executive considers to be too specific to be generally 8
useful. 9
Example-- 10
The chief executive may consider information about an approved device 11
to be too specific to be generally useful if the specifications decided by 12
the chief executive for the device include circumstances for fitting the 13
device that are unique to a very limited group of specified animals. 14
(4) In deciding specifications for approved devices in the form of 15
tags, the chief executive must to the greatest practicable extent 16
comply with the provisions of any code of practice made 17
under this Act and applying to approved devices in the form of 18
tags, including, for example, provisions about the following-- 19
(a) types of tags; 20
(b) the purposes of different types of tags; 21
(c) the positioning of tags fitted to specified animals; 22
(d) conditions for the re-use, recycling and destruction of 23
tags. 24
169 Meaning of suitable approved device 25
An approved device is a suitable approved device for a 26
specified animal if it is suitable to be fitted to the animal 27
having regard to the specifications decided by the chief 28
executive for the device. 29
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170 Only suitable approved device to be fitted 1
(1) A person must not fit an approved device to a specified animal 2
if the device is not a suitable approved device for the animal. 3
Maximum penalty--100 penalty units. 4
(2) A person does not commit an offence under subsection (1) if 5
the person-- 6
(a) did not know, and ought not reasonably to have known, 7
that the device was not a suitable approved device; or 8
(b) has a reasonable excuse for fitting the device. 9
Division 2 Approved device requirement and 10
travel approvals 11
171 Approved device requirement 12
(1) This section applies to a person if-- 13
(a) the person is a registrable biosecurity entity; and 14
(b) the biosecurity circumstance for which the person is a 15
registrable biosecurity entity is or includes the keeping 16
of a specified animal at a place (the place of origin). 17
(2) The person must ensure that, if the specified animal is moved 18
from the place of origin, the animal is fitted with a suitable 19
approved device for the animal unless the person has a 20
reasonable excuse. 21
Maximum penalty--100 penalty units. 22
(3) Subsection (2) applies even if the person is not a registered 23
biosecurity entity for the keeping of the specified animal. 24
172 Exemptions from approved device requirement 25
A person does not commit an offence against the approved 26
device requirement in relation to the movement of a specified 27
animal if-- 28
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(a) all of the following apply-- 1
(i) the movement of the specified animal is to a place 2
that is a neighbouring place to the place of origin; 3
(ii) the movement is for ordinary animal management 4
purposes only; 5
Examples of ordinary animal management purposes-- 6
dipping, branding and vaccinating 7
(iii) the person intends that the specified animal be 8
returned to the place of origin within 48 hours after 9
arriving at the neighbouring place; or 10
(b) the lack of the fitted suitable approved device applies 11
only for the first part of the movement, and the first part 12
of the movement is to a place-- 13
(i) that is a neighbouring place to the place of origin; 14
and 15
(ii) that is a place where the approved device can be 16
fitted; or 17
Example-- 18
The neighbouring place, unlike the place of origin, is equipped 19
with appropriate facilities for fitting the approved device. 20
(c) for a specified animal that is a feral goat--the 21
movement of the animal is direct from the place of 22
origin to a place that has been allocated a PIC, and the 23
movement otherwise complies with the movement 24
requirements prescribed under a regulation; or 25
(d) for a specified animal that is a goat or pig--the 26
movement of the animal is direct to or from a sporting 27
event; or 28
Examples of a sporting event-- 29
billy goat race, pig race 30
(e) the person holds an approval (a travel approval) for the 31
movement, and all conditions of the travel approval are 32
complied with. 33
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173 Obtaining a travel approval 1
(1) A person may apply to the chief executive for a travel 2
approval for the movement of a specified animal. 3
(2) The application must be in the approved form. 4
(3) The approved form must include requirements for-- 5
(a) stating the proposed period for the movement; and 6
(b) identifying the specified animal the subject of the 7
application; and 8
(c) demonstrating how, if the travel approval is granted, the 9
specified animal can be traced under the NLIS. 10
(4) The chief executive may grant the travel approval only if the 11
chief executive is satisfied that-- 12
(a) the specified animal can be traced under the NLIS; and 13
(b) the movement does not pose a biosecurity risk. 14
(5) The chief executive may ask the applicant for further 15
information or documents to decide the application. 16
(6) The chief executive must, within the decision period, grant the 17
travel approval, with or without conditions, or refuse the travel 18
approval. 19
(7) If the chief executive decides to grant the travel approval 20
without conditions, the chief executive must give the applicant 21
a written travel approval. 22
(8) If the chief executive decides to grant the travel approval on 23
conditions, the chief executive must give the applicant-- 24
(a) a written travel approval that includes the conditions; 25
and 26
(b) an information notice for the decision to grant the 27
approval on the conditions. 28
(9) If the chief executive decides to refuse to grant the travel 29
approval, the chief executive must give the applicant an 30
information notice for the decision to refuse. 31
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(10) If the chief executive fails to decide the application within the 1
decision period, the failure is taken to be a decision by the 2
chief executive to refuse to grant the application. 3
(11) If the application is taken to be refused under subsection (10), 4
the applicant is entitled to be given an information notice by 5
the chief executive for the decision. 6
(12) In this section-- 7
decision period means-- 8
(a) 30 days after the application is made; or 9
(b) if the chief executive asks for further information or a 10
document to decide the application, the sum of the 11
following days after the application is made-- 12
(i) 30 days; 13
(ii) the number of days from the day the chief 14
executive asks for the further information or 15
documents to the day the chief executive receives 16
the further information or documents. 17
Division 3 Receiving specified animals 18
174 Meaning of moving from another place 19
A reference in this division to a person taking delivery at a 20
place of an animal that has been moved to the place from 21
another place includes a reference to an animal that has been 22
moved to the place where delivery is taken on a movement 23
that did not involve its delivery to any other person. 24
Example-- 25
An animal is moved along stock routes and is returned to the place 26
where it started. 27
175 Receiver requirement to advise NLIS administrator 28
(1) This section applies if-- 29
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(a) a person (the receiver) takes delivery at a place of a 1
specified animal that has been moved to the place from 2
another place; and 3
(b) under the approved device requirement, the specified 4
animal was required, for the movement, to be fitted with 5
an approved device; and 6
(c) on the taking of delivery of the specified animal, the 7
receiver is, or becomes, a registrable biosecurity entity 8
for the keeping of the animal. 9
(2) If the receiver takes delivery of the specified animal at a meat 10
processing facility and the animal is expected to be 11
slaughtered within 5 days after its arrival at the facility, the 12
receiver must, unless the receiver has a reasonable excuse, 13
within 48 hours after the slaughter of the animal, give the 14
NLIS administrator the stated information. 15
Maximum penalty--100 penalty units. 16
(3) If the receiver takes delivery of the specified animal at a meat 17
processing facility and the animal is not expected to be 18
slaughtered within 5 days after its arrival at the facility, the 19
receiver must, unless the receiver has a reasonable excuse, 20
within 48 hours after the arrival of the animal at the facility, 21
give the NLIS administrator the stated information. 22
Maximum penalty--100 penalty units. 23
(4) If the receiver takes delivery of the specified animal other than 24
at a meat processing facility, the receiver must, unless the 25
receiver has a reasonable excuse, within 48 hours after taking 26
delivery of the specified animal, give the NLIS administrator 27
the stated information. 28
Maximum penalty--100 penalty units. 29
(5) Despite subsection (4), if on the taking of delivery of the 30
specified animal, the receiver becomes a registrable 31
biosecurity entity for the keeping of the animal but has not yet 32
obtained registration under part 2, the period of 48 hours 33
mentioned in the subsection does not start until the receiver 34
has obtained the registration. 35
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(6) Subsections (2) to (4) apply whether or not the specified 1
animal was, for the movement, fitted with an approved device. 2
(7) The receiver is not required to comply with subsection (4) to 3
the extent the receiver takes delivery of the specified animal in 4
the receiver's capacity as-- 5
(a) an owner or occupier of a place on which the specified 6
animal is agisted if the owner or occupier is not the 7
owner of the animal; or 8
(b) a conveyor or drover of the specified animal; or 9
(c) the purchaser of the specified animal from a saleyard. 10
(8) Subsection (9) applies if-- 11
(a) the specified animal received is a head of cattle; and 12
(b) the specified animal is fitted with an approved device 13
that includes a microchip; and 14
(c) the receiver takes delivery of the specified animal in the 15
receiver's capacity as an entity that organises or 16
otherwise holds an event that is an agricultural show. 17
(9) The receiver must comply with subsection (4) only to the 18
extent of giving the NLIS administrator the following 19
information within 48 hours after taking delivery of the 20
specified animal-- 21
(a) either the PIC and the serial number of the device or the 22
RFID number of the microchip; 23
(b) the serial number of any movement record relating to 24
the movement of the specified animal; 25
(c) the PIC of the place for the holding of the agricultural 26
show; 27
(d) the date of arrival of the specified animal at the place for 28
the holding of the agricultural show. 29
(10) If under subsection (7) the receiver is not required to comply 30
with subsection (4), the responsible person must, within 48 31
hours after the receiver takes delivery of the specified animal, 32
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give the NLIS administrator the stated information unless the 1
responsible person has a reasonable excuse. 2
Maximum penalty--100 penalty units. 3
(11) The receiver or responsible person has a reasonable excuse 4
under subsection (2), (3), (4) or (10) if a person selling, 5
conveying or driving the specified animal has already advised 6
the NLIS administrator of the stated information. 7
(12) In this section-- 8
responsible person means the person who at law has title to 9
the specified animal, or who otherwise has final responsibility 10
for the specified animal. 11
176 Stated information for s 175--approved device that 12
includes microchip 13
(1) For section 175(2), if the specified animal is fitted with an 14
approved device that includes a microchip, the stated 15
information is all of the following-- 16
(a) either-- 17
(i) the PIC and the serial number of the device; or 18
(ii) the RFID number of the microchip; 19
(b) the PIC of the place where the specified animal was 20
most recently kept; 21
(c) the PIC of the meat processing facility; 22
(d) the date the animal was slaughtered; 23
(e) the unique serial number of any movement record 24
relating to the movement of the specified animal; 25
(f) any other information prescribed under a regulation. 26
(2) For section 175(3), if the specified animal is fitted with an 27
approved device that includes a microchip, the stated 28
information is all of the following-- 29
(a) either-- 30
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(i) the PIC and the serial number of the device; or 1
(ii) the RFID number of the microchip; 2
(b) the PIC of the place where the specified animal was 3
most recently kept; 4
(c) the PIC of the meat processing facility; 5
(d) the date the animal was received at the meat processing 6
facility; 7
(e) the unique serial number of any movement record 8
relating to the movement of the specified animal; 9
(f) any other information prescribed under a regulation. 10
(3) For section 175(4), if the specified animal is fitted with an 11
approved device that includes a microchip, the stated 12
information is all of the following-- 13
(a) either-- 14
(i) the PIC and the serial number of the device; or 15
(ii) the RFID number of the microchip; 16
(b) the PIC of the place where the specified animal was 17
most recently kept; 18
(c) the unique serial number of any movement record 19
relating to the movement of the specified animal; 20
(d) if the place where the receiver is keeping the specified 21
animal is a specified animal feedlot, a saleyard or a live 22
export holding and has a PIC--the PIC; 23
(e) the date the receiver took delivery at the place of the 24
specified animal; 25
(f) if the specified animal has been moved to another place 26
and the other place has a PIC--the PIC; 27
(g) any other information prescribed under a regulation. 28
(4) Subsection (3) does not apply if the place of delivery of the 29
specified animal is a designated animal transit facility. 30
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177 Stated information for s 175--approved device that does 1
not include microchip 2
(1) For section 175(2), (3) and (4), if the specified animal is fitted 3
with an approved device that does not include a microchip, the 4
stated information is all of the following-- 5
(a) the species of the specified animal or, if the specified 6
animal is part of a group of specified animals all of 7
which are being moved to the same place, the species of 8
the specified animals in the group, including the number 9
of animals of each species; 10
(b) when the specified animal arrived at the place where the 11
receiver took delivery; 12
(c) the PIC of the place where the receiver took delivery, 13
and-- 14
(i) if the specified animal is at a saleyard--the serial 15
number of the device; or 16
(ii) otherwise--the serial number of the device, if 17
printed on the device; 18
(d) the PIC of the place where the specified animal was 19
most recently kept; 20
(e) the unique serial number of any movement record 21
relating to the movement of the specified animal; 22
(f) if the place where the receiver is keeping the specified 23
animal is a meat processing facility, a cattle feedlot, a 24
saleyard or a live export holding and has a PIC--the 25
PIC; 26
(g) any other information about PICs recorded in any 27
movement record mentioned in paragraph (e); 28
(h) any other information prescribed under a regulation. 29
(2) This section does not apply if the place of delivery of the 30
specified animal is a designated animal transit facility. 31
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178 Stated information for s 175--specified animal received 1
at transit facility 2
For section 175(4), if the place of delivery of the specified 3
animal is a designated animal transit facility, the stated 4
information includes all of the following-- 5
(a) the species of the specified animal or, if the specified 6
animal is part of a group of specified animals, the 7
species of the specified animals in the group, including 8
the number of animals of each species; 9
(b) when the specified animal arrived at the designated 10
animal transit facility; 11
(c) the PIC of the place where the specified animal was 12
most recently kept; 13
(d) the unique serial number of any movement record 14
relating to the movement of the specified animal; 15
(e) any other information prescribed under a regulation. 16
179 Receiver requirement to advise inspector 17
(1) This section applies if-- 18
(a) a person (the relevant person) takes delivery at a place 19
of a specified animal that has been moved from another 20
place; and 21
(b) because of the approved device requirement, the 22
specified animal should have been fitted with a suitable 23
approved device at some time before the relevant person 24
took delivery; and 25
(c) the specified animal is not fitted with a suitable 26
approved device. 27
(2) The relevant person must, within 24 hours after taking 28
delivery of the specified animal, and unless the relevant 29
person has a reasonable excuse, advise an inspector of the 30
circumstances mentioned in subsection (1). 31
Maximum penalty--100 penalty units. 32
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(3) The relevant person must comply with all reasonable 1
directions the inspector gives the relevant person for ensuring 2
appropriate identification of the specified animal unless the 3
relevant person has a reasonable excuse. 4
Maximum penalty--100 penalty units. 5
(4) Without limiting subsection (3), reasonable directions may 6
include a direction for the relevant person to fit the specified 7
animal with an approved device. 8
(5) A person is not required to comply with subsection (2) to the 9
extent the person takes delivery of the specified animal in the 10
person's capacity as a conveyor or drover of the specified 11
animal. 12
(6) It is not a reasonable excuse for the relevant person to fail to 13
comply with subsection (2) or (3) that the relevant person is 14
not a registered biosecurity entity for the keeping of the 15
specified animal. 16
Division 4 Movement records 17
180 Movement record requirement 18
(1) This section applies to a person (the relevant person) who is a 19
registrable biosecurity entity for the keeping of a designated 20
animal, whether or not the person is also a registered 21
biosecurity entity for the keeping of the animal. 22
(2) The relevant person must ensure that, if the animal is moved 23
from the place where the animal is kept-- 24
(a) there is created, before the movement starts, a record of 25
the proposed movement (the movement record) in the 26
appropriate form; and 27
(b) if the animal is a specified animal, or if a biosecurity 28
emergency order, movement control order or biosecurity 29
zone regulatory provision provides that this section 30
applies to the movement--any person who is the 31
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conveyor or drover of the animal for the purposes of the 1
movement has, in the conveyor's or drover's possession, 2
before the movement starts, a copy of the movement 3
record. 4
Maximum penalty--200 penalty units. 5
(3) The relevant person is not required to comply with subsection 6
(2) if-- 7
(a) the movement of the animal is to or from a place that is a 8
neighbouring place to the place where the movement 9
starts; and 10
(b) the movement is for ordinary stock management 11
purposes, other than for the purpose of collecting or 12
returning the animal because it has strayed; and 13
(c) the movement does not require a biosecurity instrument 14
permit. 15
(4) Subsection (5) applies to the conveyor or drover of an animal 16
for a movement if, under this section-- 17
(a) a movement record is required for the movement; and 18
(b) the relevant person is required to ensure that the 19
conveyor or drover has, in the conveyor's or drover's 20
possession, before the movement starts, a copy of the 21
movement record. 22
(5) The conveyor or drover must not proceed for the purposes of 23
the movement if the conveyor or drover does not have, in the 24
conveyor's or drover's possession, before the movement 25
starts, a copy of the movement record. 26
Maximum penalty--200 penalty units. 27
(6) A single movement record may be created for the same 28
proposed movement of 2 or more animals to which this 29
section applies. 30
(7) A person who fails to comply with subsection (2) or (5) does 31
not commit an offence under the subsection if the person has a 32
reasonable excuse for the failure to comply. 33
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181 Appropriate form of movement record 1
(1) For the movement record requirement, a movement record 2
that relates to the movement of a designated animal other than 3
a specified animal is in the appropriate form if it is a 4
document that clearly sets out the following information and 5
is signed by the person completing the record-- 6
(a) details sufficient to identify the place from which the 7
designated animal is being moved; 8
(b) where the designated animal is being moved to, and the 9
name and address of the person who is to receive the 10
animal; 11
(c) the proposed date of the movement of the designated 12
animal; 13
(d) the species and breed of the designated animal; 14
(e) details of any identification mark on the designated 15
animal; 16
(f) any illness the designated animal is known to be 17
suffering, or any illness the person who created the 18
movement record reasonably suspects the designated 19
animal may be suffering; 20
(g) other information prescribed under a regulation. 21
(2) For the movement record requirement, a movement record 22
that relates to the movement of a specified animal is in the 23
appropriate form if it is in the form of-- 24
(a) a waybill in the approved form; or 25
(b) either of the following as may be appropriate in the 26
circumstances-- 27
(i) a document known as a national vendor declaration 28
waybill; 29
(ii) a waybill or other document completed under a law 30
of another State, if the waybill or other document 31
is in substantial conformity with the approved form 32
mentioned in paragraph (a); or 33
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(c) a document prescribed under a regulation. 1
(3) Also, to be in the appropriate form a movement record must-- 2
(a) bear a serial number that is unique for the movement 3
record; and 4
(b) if it relates to the movement of a designated animal that 5
is a specified animal--advise-- 6
(i) the PIC shown on any approved device fitted to the 7
specified animal; and 8
(ii) the PIC shown on any approved device previously 9
fitted to the specified animal but that is no longer 10
fitted to the animal. 11
182 Relaxation of movement record requirement for multiple 12
conveyances 13
(1) Nothing in this division is intended to stop 2 or more specified 14
animals being included in the 1 movement record if all the 15
specified animals are conveyed between the same places at the 16
same time. 17
(2) However, subject to subsections (3) to (6), specified animals 18
may be conveyed under a single movement record even 19
though there are 2 or more conveyances. 20
(3) All the specified animals must leave the same starting point 21
within a period of 24 hours. 22
(4) The driver of each vehicle conveying any of the specified 23
animals must carry a certificate signed by a person required or 24
authorised to create the movement record. 25
(5) The certificate must-- 26
(a) state the number of specified animals on the vehicle; and 27
(b) identify the movement record relating to the movement 28
of all the specified animals; and 29
(c) state the start and end points for the movement that are 30
to appear on the movement record. 31
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(6) The movement record must be completed before the last of 1
the specified animals leave the starting point for the 2
movement. 3
183 Other matters about movement record requirement 4
(1) This section applies to a person (the relevant person) who is 5
required under the movement record requirement to ensure a 6
movement record is created. 7
(2) The relevant person must, unless the person has a reasonable 8
excuse-- 9
(a) if the designated animal is a specified animal--keep a 10
copy of the movement record for 5 years after the 11
movement started; or 12
(b) otherwise--keep the movement record for 2 years after 13
the movement started. 14
Maximum penalty--200 penalty units. 15
(3) The relevant person must, at any time in the period that 16
applies under subsection (2), unless the person has a 17
reasonable excuse, produce the copy or record to an inspector 18
for inspection if the inspector asks to see it. 19
Maximum penalty--200 penalty units. 20
184 Receiving designated animal 21
(1) Subsections (2) and (3) apply if-- 22
(a) a designated animal is moved from 1 place to another; 23
and 24
(b) under this division, a movement record is required to be 25
completed for the movement; and 26
(c) the relevant person under the movement record 27
requirement is required to ensure that a conveyor or 28
drover of the animal has, in the conveyor's or drover's 29
possession, a copy of the movement record. 30
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(2) A person must not accept delivery of the animal, or, if the 1
movement record requirement is relaxed under section 182, 2
must not accept delivery of the animals, at the completion of 3
the movement, unless the person also takes delivery of a copy 4
of the movement record. 5
Maximum penalty--200 penalty units. 6
(3) A person who takes delivery of a copy of a movement record 7
as required under subsection (2) must keep the copy for 5 8
years after the movement started. 9
Maximum penalty--200 penalty units. 10
(4) Subsection (5) applies if-- 11
(a) a designated animal is moved from 1 place to another; 12
and 13
(b) under this division, a movement record is required to be 14
created for the movement; and 15
(c) the relevant person under the movement record 16
requirement is not required to ensure that a conveyor or 17
drover of the animal has, in the conveyor's or drover's 18
possession, a copy of the movement record. 19
(5) A person who accepts delivery of the animal at the end of the 20
movement must create, and keep for 2 years after the 21
movement started, a record complying with subsection (6). 22
Maximum penalty--200 penalty units. 23
(6) The record must show the following-- 24
(a) details sufficient to identify the place from which the 25
designated animal was moved; 26
(b) where the animal was moved to, and the name and 27
address of the person who received the animal; 28
(c) when the movement of the animal happened; 29
(d) the species and breed of the animal; 30
(e) details of any identification mark on the animal; 31
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(f) any illness the animal is known to be suffering, or any 1
illness the person creating the record reasonably 2
suspects the animal may be suffering; 3
(g) other information prescribed under a regulation. 4
(7) A person required to keep the copy of a movement record for 5
a period under subsection (3), or a record for a period under 6
subsection (5), must, at any time in the period, produce the 7
copy or record to an inspector for inspection if the inspector 8
asks to see it. 9
Maximum penalty--200 penalty units. 10
(8) A person who fails to comply subsection (2), (3), (5) or (7) 11
does not commit an offence under the subsection if the person 12
has a reasonable excuse for the failure to comply. 13
(9) A person is not required to comply with subsection (5) if the 14
person accepts delivery of the animal in the person's capacity 15
as a person having responsibility for the organisation and 16
operation of an agricultural show and is required under 17
section 185 to keep a record in relation to the animal. 18
185 Show organiser to record designated animal movements 19
(1) A person (the relevant person) having responsibility for the 20
organisation and operation of an agricultural show must keep, 21
for 2 years after a designated animal arrives at the agricultural 22
show, a record in the approved form of the relevant 23
information for the designated animal. 24
Maximum penalty--200 penalty units. 25
(2) For subsection (1), the relevant information for a designated 26
animal is the following-- 27
(a) where the designated animal came from; 28
(b) when the designated animal arrived at the agricultural 29
show; 30
(c) when the designated animal left the agricultural show; 31
(d) any identifying marks on the designated animal; 32
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(e) for a designated animal that participated in an event at 1
the agricultural show--the date of the event; 2
(f) the name and address of the person who was the owner 3
of the designated animal when the animal arrived at the 4
agricultural show (the original owner); 5
(g) the total number of designated animals the original 6
owner caused to be present at the agricultural show; 7
(h) the name and address of the person who was the owner 8
of the designated animal when the animal left the 9
agricultural show. 10
(3) The relevant person is required to comply with subsection (1) 11
whether or not the person is a registrable biosecurity entity for 12
the keeping of the designated animal, and whether or not the 13
person is required to comply with the movement record 14
requirement for any movement of the designated animal. 15
(4) A person who fails to comply with subsection (1) does not 16
commit an offence under the subsection if the person has a 17
reasonable excuse for the failure to comply. 18
(5) This section applies to a designated animal that is caused to be 19
present at the agricultural show at any time for the purpose, 20
whether or not the purpose is fulfilled, of being exhibited at 21
the show or of participating in an event at the show. 22
Division 5 Miscellaneous 23
186 Supply of device for use as an approved device 24
(1) A person must not supply to another person a device of any 25
kind for use as an approved device if the person knows, or 26
ought reasonably to know, the device is not an approved 27
device. 28
Maximum penalty--200 penalty units. 29
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(2) A person (the supplier) must not supply to another person (the 1
purchaser), other than the State, a device of any kind for use 2
as an approved device unless-- 3
(a) the purchaser has first given the supplier a written order 4
for the supply of the device; and 5
(b) there is recorded on the device the PIC of the place 6
where there is to be kept the specified animal to which 7
the device is to be fitted. 8
Maximum penalty--200 penalty units. 9
(3) A person (also the purchaser) must not receive from another 10
person (also the supplier) a device of any kind for use as an 11
approved device unless-- 12
(a) the purchaser has first given the supplier a written order 13
for the supply of the device; and 14
(b) there is recorded on the device the PIC of the place 15
where there is to be kept the specified animal to which 16
the device is to be fitted. 17
Maximum penalty--200 penalty units. 18
(4) A person (also the supplier) who supplies to another person 19
(also the purchaser), other than the State, a device of any kind 20
for use as an approved device must-- 21
(a) make a record of the following information-- 22
(i) the name and address of the purchaser; 23
(ii) the day the device was supplied to the purchaser; 24
(iii) any PIC recorded on or shown by the relevant 25
device; 26
(iv) if other devices were supplied to the purchaser in 27
the 1 transaction--how many devices were 28
supplied in total; 29
(v) if the written order for the supply of the device has 30
an expiry date--the expiry date; and 31
(b) keep the record for 5 years after the date of supply; and 32
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Part 3 Specified animal identification and tracing system
[s 187]
(c) at any time in the 5 years mentioned in paragraph (b), 1
unless the supplier has a reasonable excuse, produce the 2
record to an inspector for inspection if the inspector asks 3
to see it. 4
Maximum penalty--200 penalty units. 5
187 Restriction on applying or removing approved device 6
(1) A person must not fit an approved device (the new approved 7
device) to a specified animal that is already fitted with an 8
approved device (the existing approved device) that is in the 9
form of a tag unless-- 10
(a) the existing approved device is first removed from the 11
specified animal as authorised under this section; or 12
(b) under the specifications decided by the chief executive 13
for the new approved device, the new approved device is 14
a suitable approved device for fitting to the specified 15
animal despite the fitting of the existing approved 16
device. 17
Maximum penalty--100 penalty units. 18
(2) A person may remove from a specified animal an approved 19
device fitted to the animal and in the form of a tag if-- 20
(a) an inspector authorises the removal; or 21
(b) the device is malfunctioning and needs to be replaced; 22
or 23
(c) under the specifications for the device as decided by the 24
chief executive, the device is no longer a suitable 25
approved device for the specified animal, and a suitable 26
approved device for the animal is to be fitted to the 27
animal; or 28
(d) the removal is part of the process of slaughtering the 29
specified animal at a meat processing facility; or 30
(e) the specified animal is dead and the animal's owner 31
removes the tag; or 32
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Part 3 Specified animal identification and tracing system
[s 188]
(f) the removal of the device is authorised under a 1
regulation. 2
(3) A person must not remove from a specified animal an 3
approved device fitted to the animal and in the form of a tag 4
unless the removal is authorised under subsection (2). 5
Maximum penalty--100 penalty units. 6
(4) Subsection (5) applies to a person if-- 7
(a) the person removes an approved device (also the 8
existing approved device) from a specified animal under 9
subsection (2)(a), (b) or (c); and 10
(b) a suitable approved device for the specified animal (also 11
the new approved device) is fitted to the animal in its 12
place. 13
(5) The person must, within 48 hours after removing the existing 14
approved device, advise the NLIS administrator of-- 15
(a) the serial number of the new approved device; and 16
(b) if the existing approved device includes a 17
microchip--the RFID number of the microchip; and 18
(c) the PIC of the place where there is kept the specified 19
animal to which the device is to be fitted. 20
Maximum penalty--100 penalty units. 21
188 Restrictions on altering, defacing or destroying approved 22
device 23
(1) A person must not alter or deface an approved device or allow 24
an approved device to be altered or defaced, unless-- 25
(a) the alteration or defacing happens because of the 26
removal of the device from a specified animal; and 27
(b) the removal is permitted or required under this Act. 28
Maximum penalty--200 penalty units. 29
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Part 3 Specified animal identification and tracing system
[s 189]
(2) A person must not destroy an approved device or allow an 1
approved device to be destroyed, unless-- 2
(a) the destruction happens because of the removal of the 3
device from a specified animal and the removal is 4
permitted or required under this Act; or 5
(b) the destruction-- 6
(i) happens before the device is fitted to any specified 7
animal; or 8
(ii) is otherwise permitted or required under this Act. 9
Maximum penalty--200 penalty units. 10
(3) A person does not commit an offence under subsection (1) if 11
the person has a reasonable excuse for performing or allowing 12
the alteration or defacement. 13
(4) In this section-- 14
alter, an approved device, includes, for an approved device 15
that is in the form of an electronic tag, doing anything that 16
causes the device to malfunction. 17
189 Requirement to destroy removed approved device 18
(1) This section applies if a person, as permitted or required under 19
this Act, removes from a specified animal an approved device 20
fitted to the animal. 21
(2) The person must, as soon as reasonably practicable after the 22
removal, destroy the approved device. 23
Maximum penalty--100 penalty units. 24
(3) However, if the specifications decided by the chief executive 25
for the approved device allow for the recycling or re-use of the 26
device, the person does not commit an offence under 27
subsection (2) if the person, within a reasonable period, takes 28
steps to recycle or re-use the device in compliance with any 29
requirements stated in the specifications. 30
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Chapter 6 Registration of biosecurity entities and designated animal identification
Part 3 Specified animal identification and tracing system
[s 190]
(4) If, having regard to subsection (3) the approved device is not 1
destroyed as otherwise required under subsection (2), the 2
person must, until the approved device is recycled or re-used, 3
take reasonable steps to ensure the device is kept secure 4
against theft. 5
Maximum penalty--100 penalty units. 6
190 Approval to use different PIC for approved device for 7
specified animal 8
(1) A registered biosecurity entity for the keeping of specified 9
animals, other than the operator of a saleyard, may apply to 10
the chief executive for approval for the approved devices that 11
are to be fitted to the animals to have recorded on them the 12
PIC of a place other than the place where the specified 13
animals are kept. 14
(2) The application must be written and state the serial numbers 15
of the approved devices. 16
(3) The chief executive must advise the applicant of the chief 17
executive's decision on the application, and if the chief 18
executive decides to refuse the application, the chief executive 19
must give the applicant an information notice for the decision. 20
191 False, misleading or incomplete movement record 21
A person who is required under the movement record 22
requirement to ensure a movement record is created must, 23
unless the person has a reasonable excuse, ensure the 24
movement record does not contain information that the person 25
knows or ought reasonably to know is false, misleading or 26
incomplete in a material particular. 27
Maximum penalty--200 penalty units. 28
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Chapter 6 Registration of biosecurity entities and designated animal identification
Part 4 Miscellaneous
[s 192]
Part 4 Miscellaneous 1
192 Special provision about regulations 2
(1) A regulation under this Act may make special provision for-- 3
(a) reporting on and recording of the movements of 4
designated animals to or from saleyards, designated 5
animal transit facilities, meat processing facilities or live 6
export holdings; and 7
(b) reporting on the slaughter of designated animals at meat 8
processing facilities; and 9
(c) other obligations of saleyards, designated animal transit 10
facilities, meat processing facilities or live export 11
holdings in relation to the movement of designated 12
animals, including requirements for the fitting or 13
removal of approved devices. 14
(2) Without limiting subsection (1), a regulation under this 15
section may impose obligations on selling agents and on the 16
operators of saleyards, designated animal transit facilities, 17
meat processing facilities and live export holdings. 18
(3) In this section-- 19
selling agent means a person appropriately licensed under the 20
laws of the State to sell or otherwise deal with designated 21
animals as an agent. 22
193 Evidentiary aids for biosecurity register and NLIS 23
database 24
(1) This section applies to a proceeding under or relating to this 25
Act. 26
(2) A certificate purporting to be signed by the chief executive 27
stating that a stated document is a copy of all or part of any of 28
the following on a stated day or during a stated period, is 29
evidence of the matters stated in the document on the day or 30
during the period-- 31
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Chapter 7 Prohibited matter and restricted matter permits
Part 1 Preliminary
[s 194]
(a) the biosecurity register, or an extract from it; 1
(b) the NLIS database. 2
194 Person must not give false or misleading information to 3
NLIS administrator 4
A person who under this Act is required to give information to 5
the NLIS administrator must not, unless the person has a 6
reasonable excuse, give the NLIS administrator information 7
that the person knows or ought reasonably to know is false or 8
misleading in a material particular. 9
Maximum penalty--1000 penalty units or 1 year's 10
imprisonment. 11
Chapter 7 Prohibited matter and 12
restricted matter permits 13
Part 1 Preliminary 14
195 Issue of prohibited and restricted matter permits 15
The chief executive may issue prohibited matter permits and 16
restricted matter permits under this chapter. 17
196 What is a prohibited matter permit 18
A prohibited matter permit is a permit that authorises stated 19
dealings with stated prohibited matter. 20
197 What is a restricted matter permit 21
A restricted matter permit is a permit that authorises stated 22
dealings with stated restricted matter. 23
Page 183
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Chapter 7 Prohibited matter and restricted matter permits
Part 1 Preliminary
[s 198]
198 Types of prohibited matter permits 1
The only types of prohibited matter permits that the chief 2
executive may issue are-- 3
(a) a scientific research (prohibited matter) permit; or 4
(b) another type of prohibited matter permit prescribed 5
under a regulation. 6
199 Types of restricted matter permits 7
The only types of restricted matter permits that the chief 8
executive may issue are the following-- 9
(a) a biological control permit; 10
(b) a commercial use permit; 11
(c) a scientific research (restricted matter) permit; 12
(d) another type of restricted matter permit prescribed under 13
a regulation. 14
200 What is a permit plan for prohibited or restricted matter 15
(1) A permit plan, for prohibited matter or restricted matter, is a 16
plan given to the chief executive by the applicant for a 17
prohibited matter or restricted matter permit about how the 18
applicant proposes to deal with the prohibited or restricted 19
matter the subject of the proposed permit. 20
(2) A permit plan for prohibited or restricted matter must-- 21
(a) identify potential biosecurity risks likely to arise 22
because of the proposed dealing with the prohibited or 23
restricted matter under the permit; and 24
(b) state the ways in which the applicant for the permit 25
intends to minimise the biosecurity risks; and 26
(c) contain other information, relating to the control of 27
biosecurity risks, prescribed under a regulation. 28
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Chapter 7 Prohibited matter and restricted matter permits
Part 2 Permit applications
[s 201]
(3) Also, if a permit plan relates to restricted matter, and the 1
restricted matter would, in the absence of the proposed permit, 2
be required to be disposed of or destroyed, the permit plan 3
must state how the restricted matter is to be disposed of or 4
destroyed before the term of the permit ends. 5
Part 2 Permit applications 6
201 Applying for permit 7
(1) A person may apply to the chief executive for a prohibited 8
matter permit or restricted matter permit. 9
(2) The application must-- 10
(a) be in the approved form; and 11
(b) be accompanied by-- 12
(i) a permit plan for the prohibited matter or restricted 13
matter under the proposed permit; and 14
(ii) the application fee prescribed under a regulation. 15
(3) Also, if the application is for a scientific research (prohibited 16
matter) permit, there must be included with the application-- 17
(a) a document showing that the proposed dealings with 18
prohibited matter will be conducted in a facility that has 19
been approved, certified or registered to perform the 20
dealings by an authority prescribed under a regulation; 21
and 22
(b) a detailed research proposal. 23
(4) The applicant may withdraw the application at any time 24
before the permit is issued. 25
(5) The application fee that accompanied the application is not 26
refundable if the applicant withdraws the application, or if the 27
application is taken to be withdrawn under this chapter. 28
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Chapter 7 Prohibited matter and restricted matter permits
Part 2 Permit applications
[s 202]
(6) However, the chief executive may waive payment of the 1
application fee if the chief executive is satisfied of the 2
following-- 3
(a) the proposed dealings with prohibited or restricted 4
matter are aimed at controlling or eradicating the matter; 5
(b) the applicant will not derive any financial benefit from 6
the dealings; 7
(c) the chief executive will be advised of the progress and 8
outcomes of the dealings. 9
202 Inquiry about application 10
(1) Before deciding the application, the chief executive-- 11
(a) may make inquiries to decide the suitability of the 12
applicant to hold the prohibited matter or restricted 13
matter permit; and 14
(b) may, by notice given to the applicant, require the 15
applicant to give the chief executive within the 16
reasonable period of at least 30 days stated in the notice, 17
further information or a document the chief executive 18
reasonably requires to decide the application. 19
(2) The applicant is taken to have withdrawn the application if, 20
within the stated period, the applicant does not comply with a 21
requirement under subsection (1)(b). 22
(3) A notice under subsection (1)(b) must be given to the 23
applicant within 30 days after the chief executive receives the 24
application. 25
(4) The information or document under subsection (1)(b) must, if 26
the notice requires, be verified by statutory declaration. 27
203 Suitability of person to hold permit 28
In deciding whether the applicant is a suitable person to hold 29
the prohibited matter or restricted matter permit, the chief 30
executive may have regard to the following-- 31
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Chapter 7 Prohibited matter and restricted matter permits
Part 3 Deciding application
[s 204]
(a) whether the applicant has been refused a prohibited 1
matter or restricted matter permit under this Act or a 2
similar permit under a repealed Act or a corresponding 3
law to this Act; 4
(b) whether the applicant held a prohibited matter or 5
restricted matter permit under this Act or a similar 6
permit under a repealed Act or a corresponding law to 7
this Act, that was suspended or cancelled; 8
(c) whether the applicant or, if the applicant is a corporation 9
or an incorporated association, whether an executive 10
officer of the corporation or a member of the 11
association's management committee has a conviction 12
for a relevant biosecurity offence, other than a spent 13
conviction; 14
(d) any other matter the chief executive considers relevant 15
to the person's ability to deal with prohibited or 16
restricted matter under the permit applied for, including 17
the applicant's capacity to comply with any conditions 18
of the permit. 19
Part 3 Deciding application 20
204 Consideration of application 21
The chief executive must consider the application and grant, 22
grant with conditions or refuse to grant the application. 23
205 Decision on application 24
(1) If the chief executive decides to grant the application, the 25
chief executive must issue the permit to the applicant. 26
(2) If the chief executive refuses to grant the application, or 27
agrees to grant the application on conditions other than those 28
applied for, the chief executive must as soon as practicable 29
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Chapter 7 Prohibited matter and restricted matter permits
Part 3 Deciding application
[s 206]
give the applicant an information notice for the decision to 1
refuse or to grant on conditions. 2
206 Failure to decide application 3
(1) Subject to subsections (2) and (3), if the chief executive fails 4
to decide the application within 30 days after its receipt, the 5
failure is taken to be a decision by the chief executive to 6
refuse to grant the application. 7
(2) Subsection (3) applies if-- 8
(a) a person has made an application for a prohibited matter 9
permit or restricted matter permit; and 10
(b) the chief executive has, under section 202(1)(b), 11
required the applicant to give the chief executive further 12
information or a document. 13
(3) The chief executive is taken to have refused to grant the 14
application if the chief executive does not decide the 15
application within 30 days after the chief executive receives 16
the further information or document. 17
(4) If the application is taken to be refused under this section, the 18
applicant is entitled to be given an information notice by the 19
chief executive for the decision. 20
207 Criteria for decision 21
(1) The chief executive may grant the application only if satisfied 22
of all of the following-- 23
(a) the applicant is a suitable person to hold the prohibited 24
matter or restricted matter permit; 25
(b) potential biosecurity risks posed by the proposed 26
dealings with prohibited matter or restricted matter 27
under the permit can be managed under the permit plan 28
for the application in a way that has appropriate regard 29
to biosecurity considerations. 30
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Chapter 7 Prohibited matter and restricted matter permits
Part 3 Deciding application
[s 208]
(2) Also, if the application is for a scientific research (prohibited 1
matter) permit, the chief executive must be satisfied that the 2
proposed dealings with the prohibited matter will be 3
conducted in a facility that has been approved, certified or 4
registered to perform the dealings by an authority prescribed 5
under a regulation. 6
208 Particular matters for scientific research (prohibited 7
matter) permit 8
(1) In deciding an application for a scientific research (prohibited 9
matter) permit, the chief executive must have regard to the 10
following-- 11
(a) any standards, codes of practice or guidelines identified 12
under a regulation; 13
Example-- 14
A regulation might identify an Australian Standard regarding 15
engineering requirements for laboratories or a code of practice 16
regarding calibrations and testing in laboratories. 17
(b) the likelihood of any significant advances in scientific 18
knowledge being gained because of the research to be 19
conducted under the permit; 20
(c) other matters relevant to the conduct of scientific 21
research conducted under a prohibited matter permit and 22
prescribed under a regulation. 23
(2) Subsection (1) does not limit the matters to which the chief 24
executive may have regard in deciding whether to issue a 25
scientific research (prohibited matter) permit. 26
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Chapter 7 Prohibited matter and restricted matter permits
Part 4 Term and conditions of permits
[s 209]
Part 4 Term and conditions of permits 1
209 Term of permit 2
A prohibited matter or restricted matter permit remains in 3
force, unless sooner suspended or cancelled, for the term of 4
not more than 3 years decided by the chief executive and 5
stated in the permit. 6
210 Conditions of permit decided by the chief executive 7
(1) A prohibited matter or restricted matter permit is subject to 8
the conditions decided by the chief executive in deciding to 9
grant the application for the permit. 10
(2) The conditions must be those the chief executive considers 11
appropriate, having regard to-- 12
(a) the prohibited matter or restricted matter to which the 13
permit applies; and 14
(b) the nature of the proposed dealings with the prohibited 15
or restricted matter under the permit. 16
(3) Without limiting subsection (2), conditions may be about any 17
of the following-- 18
(a) the required level of containment for the prohibited or 19
restricted matter to which the permit applies; 20
(b) the scope of the permitted dealings with the prohibited 21
or restricted matter; 22
(c) disposal of the prohibited or restricted matter; 23
(d) record-keeping requirements; 24
(e) reporting requirements; 25
(f) whether the permit can be transferred. 26
(4) The conditions decided by the chief executive must be 27
included in the permit when the permit is issued or renewed. 28
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Chapter 7 Prohibited matter and restricted matter permits
Part 5 Renewal of permits
[s 211]
211 Other conditions applying to a permit 1
(1) It is a condition of a prohibited matter or restricted matter 2
permit that the holder of the permit must allow an authorised 3
officer to enter premises where the dealings under the permit 4
are being undertaken to monitor-- 5
(a) the dealings; and 6
(b) the holder's compliance with the permit and this Act in 7
relation to the dealings. 8
(2) A prohibited matter or restricted matter permit is also subject 9
to any conditions prescribed under a regulation and applying 10
to the permit. 11
(3) In this section-- 12
premises does not include a place where a person resides. 13
Part 5 Renewal of permits 14
212 Application for renewal 15
(1) The holder of a prohibited matter or restricted matter permit 16
may apply to the chief executive for renewal of the permit. 17
(2) The application must-- 18
(a) be made within 60 days before the term of the permit 19
ends; and 20
(b) be in the approved form; and 21
(c) be accompanied by the fee prescribed under a 22
regulation. 23
(3) However, the chief executive may waive payment of the fee if 24
the chief executive is satisfied of the matters mentioned in 25
section 201(6)(a) to (c). 26
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Chapter 7 Prohibited matter and restricted matter permits
Part 5 Renewal of permits
[s 213]
(4) The chief executive must consider the application and decide 1
to renew, or refuse to renew, the permit. 2
(5) In deciding the application, the chief executive may have 3
regard to the matters to which the chief executive may have 4
regard in deciding whether an applicant for a prohibited 5
matter or restricted matter permit is a suitable person to hold a 6
prohibited matter or restricted matter permit. 7
(6) If the chief executive decides to refuse to renew the permit, or 8
to impose conditions on the approval under section 210, the 9
chief executive must as soon as practicable give the applicant 10
an information notice for the decision. 11
(7) A permit may be renewed by the issuing of another permit to 12
replace it. 13
213 Inquiry about application 14
(1) Before deciding an application under this part for renewal of a 15
person's prohibited matter or restricted matter permit, the 16
chief executive may, by notice given to the applicant, require 17
the applicant to give the chief executive, within the reasonable 18
period of at least 30 days stated in the notice, further 19
information or a document the chief executive reasonably 20
requires to decide the application. 21
(2) The applicant is taken to have withdrawn the application if, 22
within the stated period, the applicant does not comply with 23
the requirement. 24
(3) A notice under subsection (1) must be given to the applicant 25
within 30 days after the chief executive receives the 26
application. 27
(4) The information or document under subsection (1) must, if the 28
notice requires, be verified by statutory declaration. 29
214 Failure to decide application 30
(1) Subject to subsections (2) and (3), if the chief executive fails 31
to decide the application within 30 days after its receipt, the 32
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Chapter 7 Prohibited matter and restricted matter permits
Part 5 Renewal of permits
[s 215]
failure is taken to be a decision by the chief executive to 1
refuse to grant the application. 2
(2) Subsection (3) applies if-- 3
(a) a person has made an application for renewal of the 4
person's prohibited matter or restricted matter permit; 5
and 6
(b) the chief executive has, under section 213(1), required 7
the applicant to give the chief executive further 8
information or a document. 9
(3) The chief executive is taken to have refused to grant the 10
application if the chief executive does not decide the 11
application within 30 days after the chief executive receives 12
the further information or document. 13
(4) If the application is taken to be refused under this section, the 14
applicant is entitled to be given an information notice by the 15
chief executive for the decision. 16
215 Permit continues pending decision about renewal 17
(1) If the holder of a prohibited matter or restricted matter permit 18
applies for renewal of the permit under this part, the permit is 19
taken to continue in force from the day it would, apart from 20
this section, have ended until the application is decided or, 21
under this part, taken to have been decided or is taken to have 22
been withdrawn. 23
(2) Despite subsection (1), if the chief executive decides to refuse 24
to renew the permit, or is taken to refuse to renew the permit, 25
the permit continues in force until the information notice for 26
the decision is given to the applicant. 27
(3) Subsection (1) does not apply if the permit is earlier 28
suspended or cancelled. 29
Page 193
Biosecurity Bill 2011
Chapter 7 Prohibited matter and restricted matter permits
Part 6 Transfer of permit
[s 216]
216 Direction to dispose of prohibited or restricted matter 1
when permit cancelled 2
(1) This section applies if-- 3
(a) the chief executive cancels a prohibited matter or 4
restricted matter permit; and 5
(b) the holder of the permit is in possession of prohibited or 6
restricted matter to which the permit relates. 7
(2) The chief executive may, by notice given to the holder, direct 8
the holder to dispose of the prohibited or restricted matter in 9
the way and by the reasonable date stated in the notice. 10
(3) The permit holder must comply with the notice unless the 11
holder has a reasonable excuse. 12
Maximum penalty--1000 penalty units or 1 year's 13
imprisonment. 14
(4) Compensation is not payable for the disposal. 15
Part 6 Transfer of permit 16
217 Transfer of permit 17
(1) The holder of a prohibited matter or restricted matter permit 18
and a proposed transferee of the permit may jointly apply to 19
the chief executive in the approved form, accompanied by the 20
prescribed fee, for the transfer of the permit to the proposed 21
transferee. 22
(2) An application may not be made under subsection (1) if a 23
condition of the permit provides that the permit is not 24
transferable. 25
(3) Whether or not a condition as mentioned in subsection (2) 26
applies to the permit, if the holder of a prohibited matter or 27
restricted matter permit dies, the personal representative of the 28
deceased holder may apply to the chief executive in the 29
Page 194
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Chapter 7 Prohibited matter and restricted matter permits
Part 6 Transfer of permit
[s 217]
approved form for the transfer of the permit to the personal 1
representative as transferee. 2
(4) The chief executive may transfer a permit on an application 3
under subsection (1) or (3) only if the chief executive is 4
satisfied that there will not, as a result of the transfer, be any 5
substantial change in-- 6
(a) the persons principally involved in dealing with 7
prohibited matter or restricted matter under the permit; 8
and 9
(b) the dealings with the prohibited matter or restricted 10
matter to which the permit relates. 11
Example-- 12
The chief executive might agree to a transfer of a prohibited matter 13
permit in association with the sale of a business as a going concern. 14
(5) Also, the chief executive must be satisfied that the 15
transferee-- 16
(a) is a suitable person to hold the permit; and 17
(b) has the capacity to ensure that conditions of the permit 18
are complied with. 19
(6) To decide if the transferee is a suitable person to hold the 20
permit, the chief executive may have regard to the matters 21
mentioned in section 203. 22
(7) A permit may be transferred by the issuing of another permit 23
to replace it. 24
Page 195
Biosecurity Bill 2011
Chapter 7 Prohibited matter and restricted matter permits
Part 7 Register of prohibited matter and restricted matter permits
[s 218]
Part 7 Register of prohibited matter 1
and restricted matter permits 2
218 Register of permits 3
(1) The chief executive must keep a register of prohibited matter 4
and restricted matter permits. 5
(2) The register must contain the following particulars for each 6
permit-- 7
(a) the name of the permit holder; 8
(b) the term of the permit and its expiry date; 9
(c) the type of permit; 10
(d) other information the chief executive considers 11
appropriate. 12
(3) The register may be kept in the way the chief executive 13
considers appropriate, including, for example, in an electronic 14
form. 15
(4) A person may, on payment of the fee prescribed under a 16
regulation, inspect the register at the department's head office 17
when the office is open to the public. 18
(5) On application by a person and payment of the fee prescribed 19
under a regulation, the person may buy a copy of all or part of 20
the information held in the register. 21
Page 196
Biosecurity Bill 2011
Chapter 8 Programs for surveillance, prevention and control
Part 1 Preliminary
[s 219]
Chapter 8 Programs for surveillance, 1
prevention and control 2
Part 1 Preliminary 3
219 Types of biosecurity programs 4
A biosecurity program is-- 5
(a) a surveillance program; or 6
(b) a prevention and control program. 7
220 What is a surveillance program 8
A surveillance program is a program directed at any of the 9
following-- 10
(a) monitoring compliance with this Act in relation to a 11
particular matter to which this Act applies; 12
Examples-- 13
· monitoring compliance with a code of practice for animal 14
husbandry activities in feedlots in south-east Queensland 15
· monitoring compliance with a biosecurity zone regulatory 16
provision requiring the keeping of records about movement 17
of soil in a biosecurity zone for fire ants 18
· monitoring compliance with the conditions of prohibited 19
matter permits held by persons in north-east Queensland 20
(b) confirming the presence, or finding out the extent of the 21
presence, in the State or the parts of the State to which 22
the program applies, of the biosecurity matter to which 23
the program relates; 24
(c) confirming the absence, in the State or the parts of the 25
State to which the program applies, of the biosecurity 26
matter to which the program relates; 27
Page 197
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Chapter 8 Programs for surveillance, prevention and control
Part 2 Authorising biosecurity programs
[s 221]
(d) monitoring the effects of measures taken in response to 1
a biosecurity risk; 2
(e) monitoring compliance with requirements about 3
prohibited matter or restricted matter; 4
(f) monitoring levels of biosecurity matter or levels of 5
biosecurity matter in a carrier. 6
Example-- 7
monitoring levels of contaminants in animal feed 8
221 What is a prevention and control program 9
A prevention and control program is a program directed at 10
any of the following-- 11
(a) preventing the entry, establishment or spread of 12
biosecurity matter in an area that poses a significant 13
biosecurity risk; 14
(b) managing, controlling or eradicating any biosecurity 15
matter that could, if existing control measures are 16
inadequate, pose a significant biosecurity risk in an area. 17
Part 2 Authorising biosecurity 18
programs 19
222 Authorising and carrying out biosecurity program 20
(1) Any of the following may authorise and carry out a 21
biosecurity program (a program authorisation)-- 22
(a) the chief executive; 23
(b) a local government; 24
(c) the chief executive and 1 or more local governments, if 25
the chief executive officer of each local government 26
agrees; 27
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(d) 2 or more local governments, if the chief executive 1
officer of each local government agrees. 2
(2) A program authorisation must be authorised-- 3
(a) for a program authorisation made by the chief 4
executive--in writing; or 5
(b) for a program authorisation made by a local 6
government--by a resolution of the local government. 7
(3) However, a program authorisation for a prevention and 8
control program may be made only if the chief executive or 9
the local government is satisfied-- 10
(a) there is, or is likely to be, prohibited matter in an area; 11
or 12
(b) there is in an area any biosecurity matter that poses or is 13
likely to pose a significant biosecurity risk; or 14
Examples of biosecurity matter that pose or are likely to pose a 15
significant biosecurity risk-- 16
· a colony of red imported fire ants 17
· a plague of locusts 18
· an infestation of water mimosa 19
(c) measures are required to prevent the entry or 20
establishment in an area of biosecurity matter that poses 21
or is likely to pose a significant biosecurity risk; or 22
(d) after consultation with an industry group or community 23
(each an interested entity), that measures carried out 24
jointly with the interested entity are required to control 25
biosecurity matter in an area that would have a 26
significant effect on members of the interested entity. 27
(4) The chief executive must ensure that each authorised officer 28
who is proposed by the chief executive to act under a 29
biosecurity program is informed of the contents of the 30
program authorisation for the program. 31
(5) The chief executive officer of the local government must 32
ensure that each authorised person who is proposed by the 33
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[s 223]
chief executive officer to act under the biosecurity program is 1
informed of the contents of the program authorisation for the 2
program. 3
(6) A program authorisation given by a local government may 4
relate only to places in the local government's area. 5
223 What program authorisation must state 6
(1) A program authorisation for a biosecurity program must state 7
each of the following-- 8
(a) the biosecurity matter to which the program relates; 9
(b) the purpose of the program; 10
(c) when the program starts; 11
(d) the period over which the program is to be carried out; 12
(e) for a biosecurity program that is a surveillance 13
program-- 14
(i) if the program is directed at monitoring 15
compliance with this Act-- 16
(A) objective criteria for selecting places to be 17
entered and inspected; and 18
(B) a description of the area in which the places 19
are situated; or 20
(ii) if the program is directed at deciding the presence 21
or extent of the spread of biosecurity matter-- 22
(A) the parts of the State to which it applies; and 23
(B) if the program only applies to a particular 24
type of place in the State or a part of the 25
State--a description of the type; 26
(f) for a biosecurity program that is a prevention and 27
control program-- 28
(i) the nature and extent of the program, including-- 29
(A) the parts of the State to which it applies; and 30
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(B) if the program only applies to a particular 1
type of place in the State or a part of the 2
State--a description of the type; and 3
(ii) if a particular type of place is to be entered and 4
inspected--a description of the type; 5
(g) the powers an authorised officer may exercise under the 6
program, including the extent to which an authorised 7
officer is to act under the program and the measures an 8
authorised officer may take under the program; 9
Examples of a measure an authorised officer may take under a 10
surveillance program-- 11
· sampling manufactured animal feed for the presence of 12
animal matter or contaminants 13
· taking samples from cattle to decide the presence or absence 14
of Johne's disease 15
(h) the extent to which authorised persons may be directed 16
to act under the program; 17
(i) the obligations that may be imposed upon a person who 18
is an occupier of a place to which the program applies. 19
Examples of an obligation for paragraph (i)-- 20
1 A person may be required under a program authorisation for 21
a surveillance program to move a herd of cattle from an 22
inaccessible area of the person's property to allow an 23
authorised officer to monitor the herd for signs of disease. 24
2 A person may be required under a program authorisation for 25
a prevention and control program to inoculate a herd of 26
cattle on the person's property to prevent disease in the 27
cattle. 28
(2) The period over which a biosecurity program is to be carried 29
out must be limited to the period reasonably necessary for 30
achieving the program's purpose. 31
224 Taking action under biosecurity program 32
(1) An authorised program person may, at any reasonable time 33
and at a place situated in an area to which a surveillance 34
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[s 224]
program applies, exercise the authorised officer's powers 1
stated in the program authorisation for the program. 2
(2) Subsection (3) applies if a program authorisation for a 3
surveillance program is given by the chief executive. 4
(3) An authorised program person may, at any reasonable time 5
and at a place situated in an area to which the surveillance 6
program applies-- 7
(a) observe and monitor procedures for using biosecurity 8
matter; 9
Example-- 10
monitor a manufacturer mixing animal feed 11
(b) monitor the movement of the biosecurity matter to 12
which the program relates and of the carriers of the 13
biosecurity matter; 14
(c) lay baits and set lures or traps. 15
(4) An authorised program person may, at any reasonable time 16
and at a place situated in an area to which a prevention and 17
control program applies-- 18
(a) take reasonable steps to manage, control, eradicate or 19
prevent the occurrence or recurrence of the biosecurity 20
matter to which the program relates, including by the 21
use of herbicides, pesticides, vaccines or antibiotics; or 22
(b) direct an occupier of a place to which the program 23
applies to take reasonable steps within a reasonable 24
period to remove or eradicate the biosecurity matter. 25
(5) When giving the direction under subsection (4)(b), the 26
authorised program person must give the occupier an offence 27
warning for the direction. 28
(6) Despite subsections (1), (3) and (4), actions taken under a 29
biosecurity program must be limited to those that are 30
reasonably necessary for achieving the program's purpose. 31
(7) This section does not limit the powers of an authorised officer 32
under chapter 9. 33
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[s 225]
Note-- 1
See the following provisions in chapter 9 about powers of authorised 2
officers-- 3
· part 2 for the power to enter places 4
· part 4 for the general powers that can be exercised after entering 5
places. 6
(8) In this section-- 7
authorised program person, for a biosecurity program, 8
means-- 9
(a) if the chief executive authorises a biosecurity program 10
under section 222(1)(a)--an inspector, or an authorised 11
person acting under the direction of an inspector; or 12
(b) if a local government authorises a biosecurity program 13
under section 222(1)(b)--an authorised person 14
appointed by the local government; or 15
(c) if the chief executive and 1 or more local governments 16
authorise a biosecurity program under section 17
222(1)(c)-- 18
(i) an inspector, or an authorised person acting under 19
the direction of an inspector; or 20
(ii) an authorised person appointed by the local 21
government or, if more than 1 local government 22
authorises the program, any of the local 23
governments; or 24
(d) if 2 or more local governments authorise a biosecurity 25
program under section 222(1)(d)--an authorised person 26
appointed by any of the local governments. 27
225 Failure to comply with direction 28
(1) An occupier of a place must comply with a direction under 29
section 224 unless the occupier has a reasonable excuse. 30
Maximum penalty--50 penalty units. 31
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Chapter 8 Programs for surveillance, prevention and control
Part 3 Consultation and notification
[s 226]
(2) A person does not commit an offence against subsection (1) if 1
the person is not given an offence warning for the direction. 2
Part 3 Consultation and notification 3
226 Consultation about proposed biosecurity program 4
(1) The chief executive must, before authorising a biosecurity 5
program, consult as far as practicable with the local 6
government for the area to which the program applies. 7
(2) A local government must, before authorising a biosecurity 8
program, consult as far as practicable with the chief executive. 9
227 Notice of proposed biosecurity program 10
(1) At least 14 days before a biosecurity program starts, the chief 11
executive or, if the local government authorised the program, 12
the chief executive officer of the local government must give 13
notice of the program. 14
(2) The notice must-- 15
(a) be given to each State entity that controls land in the 16
area to which the biosecurity program relates, including 17
by electronic means; and 18
Examples-- 19
by post, telephone, email 20
(b) be published on-- 21
(i) if the chief executive authorised the biosecurity 22
program--the department's website; or 23
(ii) if the local government authorised the biosecurity 24
program--the local government's website. 25
(3) The notice also may-- 26
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Part 3 Consultation and notification
[s 227]
(a) be published-- 1
(i) in a newspaper circulating generally in the area to 2
which the biosecurity program applies; or 3
(ii) if there is no newspaper circulating generally in the 4
area to which the biosecurity program applies--in 5
a circular distributed by the local government for 6
the area to its residents; or 7
(iii) by radio or television in the area to which the 8
biosecurity program applies; or 9
(b) be given to each owner of land in the area to which the 10
biosecurity program applies, including, for example, by 11
electronic means. 12
Examples-- 13
by post, telephone, email, sms messaging 14
(4) However, failure to publish the notice under subsection (3)(a), 15
or to give the notice to a person under subsection (3)(b), does 16
not affect the validity of the biosecurity program. 17
(5) The notice must state each of the following-- 18
(a) the purpose and scope of the biosecurity program; 19
(b) when the biosecurity program starts; 20
(c) the period over which the biosecurity program is to be 21
carried out; 22
(d) if the biosecurity program is authorised by the chief 23
executive-- 24
(i) that a copy of the program authorisation for the 25
program is available for inspection or purchase at 26
the department's head office and regional offices, if 27
any, in the area to which the program applies until 28
the end of the program; and 29
(ii) the price of a copy of the program; 30
(e) if the biosecurity program is authorised by a local 31
government-- 32
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Part 4 Steps taken under biosecurity program
[s 228]
(i) the name of the local government; and 1
(ii) that a copy of the program authorisation for the 2
program is available for inspection or purchase at 3
the local government's public office until the end 4
of the program; and 5
(iii) the price of a copy of the program. 6
(6) The price of a copy of the program authorisation for a 7
biosecurity program must be no more than the cost of having 8
the copy available for purchase, and, if the copy is posted to 9
the purchaser, the postage cost. 10
228 Access to authorisation 11
From the start of a biosecurity program until the end of the 12
program, copies of the program authorisation for the program 13
must be available for inspection or purchase at-- 14
(a) if the program is authorised by the chief executive--the 15
department's head office and the department's regional 16
offices, if any, in the area to which the program applies; 17
and 18
(b) if the program is authorised by a local government--the 19
local government's public office. 20
Part 4 Steps taken under biosecurity 21
program 22
229 Notification of steps taken or to be taken under 23
biosecurity program 24
An authorised officer must, before exercising the authorised 25
officer's powers under a biosecurity program at a place-- 26
(a) if an occupier of the place is present at the place, inform 27
the occupier of the following-- 28
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Part 4 Steps taken under biosecurity program
[s 230]
(i) the purpose of the biosecurity program; 1
(ii) any steps taken, or to be taken, under the program 2
to manage, control, eradicate or prevent the 3
occurrence or recurrence of the biosecurity matter 4
to which the program relates; 5
(iii) if steps have been taken, or are to be taken--that it 6
is an offence to do anything that interferes with a 7
step taken or to be taken; or 8
(b) if an occupier of the place is not present at the place, 9
leave a notice at the place in a reasonably secure way 10
and in a conspicuous position stating-- 11
(i) the purpose of the biosecurity program; and 12
(ii) any steps taken, or to be taken, under the 13
biosecurity program to manage, control, eradicate 14
or prevent the occurrence or recurrence of the 15
biosecurity matter to which the program relates; 16
and 17
(iii) if steps have been taken, or are to be taken--that it 18
is an offence to do anything that interferes with a 19
step taken or to be taken; and 20
(iv) the name and contact details of the authorised 21
officer. 22
230 Person must not interfere with steps taken or to be taken 23
A person must not, unless the person has a reasonable excuse, 24
do anything that interferes with-- 25
(a) anything done by an authorised officer in taking a step 26
under a biosecurity program; or 27
(b) anything proposed to be done by an authorised officer in 28
taking a step under a biosecurity program. 29
Maximum penalty--100 penalty units. 30
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Part 5 Enforcement matters for biosecurity programs
[s 231]
Part 5 Enforcement matters for 1
biosecurity programs 2
231 Biosecurity orders 3
(1) This section applies if-- 4
(a) the chief executive or a local government has authorised 5
a biosecurity program; and 6
(b) an inspector or authorised person acting under the 7
biosecurity program reasonably suspects that a thing at a 8
place to which the program applies may pose a 9
biosecurity risk; and 10
(c) the inspector or authorised person is appointed for 11
chapter 12. 12
(2) The inspector or authorised person may give an occupier of 13
the place a biosecurity order even though the biosecurity order 14
is not for the prevention, control, management or eradication 15
of the biosecurity matter to which the biosecurity program 16
relates. 17
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Chapter 9 Inspectors and authorised persons
Part 1 General matters about inspectors and authorised persons
[s 232]
Chapter 9 Inspectors and authorised 1
persons 2
Part 1 General matters about 3
inspectors and authorised 4
persons 5
Division 1 Appointment of inspectors 6
232 Appointment and qualifications 7
(1) The chief executive may, by instrument in writing, appoint 8
any of the following persons as inspectors-- 9
(a) a public service employee; 10
(b) an employee of the Commonwealth or another State 11
whose employment ordinarily involves matters about 12
biosecurity; 13
(c) a person who performs functions related to matters 14
about biosecurity under a law of another country; 15
(d) a veterinary surgeon under the Veterinary Surgeons Act 16
1936; 17
(e) other persons or members of a class of persons 18
prescribed under a regulation. 19
(2) However, the chief executive may appoint a person as an 20
inspector only if the chief executive is satisfied the person is 21
qualified for appointment because the person has the 22
necessary expertise or experience. 23
233 Appointment conditions and limit on powers 24
(1) An inspector holds office on any conditions stated in-- 25
(a) the inspector's instrument of appointment; or 26
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Part 1 General matters about inspectors and authorised persons
[s 234]
(b) a signed notice given to the inspector; or 1
(c) a regulation. 2
(2) The instrument of appointment, a signed notice given to the 3
inspector or a regulation may limit the inspector's powers. 4
(3) In this section-- 5
signed notice means a notice signed by the chief executive. 6
234 When office ends 7
(1) The office of a person as an inspector ends if any of the 8
following happens-- 9
(a) the term of office stated in a condition of office ends; 10
(b) under another condition of office, the office ends; 11
(c) the inspector's resignation under section 235 takes 12
effect. 13
(2) Subsection (1) does not limit the ways the office of a person as 14
an inspector ends. 15
(3) In this section-- 16
condition of office means a condition under which the 17
inspector holds office. 18
235 Resignation 19
(1) An inspector may resign by signed notice given to the chief 20
executive. 21
(2) However, if holding office as an inspector is a condition of the 22
inspector holding another office, the inspector may not resign 23
as an inspector without resigning from the other office. 24
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Chapter 9 Inspectors and authorised persons
Part 1 General matters about inspectors and authorised persons
[s 236]
Division 2 Appointment of authorised persons 1
236 Appointment and qualifications 2
(1) The chief executive may, by instrument in writing, appoint 3
any of the following persons as an authorised person-- 4
(a) a public service employee; 5
(b) a person or member of a class of persons prescribed 6
under a regulation. 7
(2) The chief executive officer of a local government may appoint 8
any of the following persons as an authorised person for the 9
local government and its area-- 10
(a) an employee of the local government; 11
(b) if another local government consents--an employee of 12
the other local government; 13
(c) another person under contract to the local government. 14
(3) The chief executive officers of 2 or more local governments 15
may appoint an employee of, or another person under contract 16
to, 1 of the local governments to be an authorised person for 17
the local governments' areas. 18
(4) However, the chief executive or a chief executive officer may 19
appoint a person as an authorised person only if the chief 20
executive or the chief executive officer is satisfied the person 21
is qualified for appointment because the person has the 22
necessary expertise or experience. 23
(5) Subsection (6) applies to an authorised person appointed by 24
the chief executive officer of a local government or by the 25
chief executive officers of 2 or more local governments. 26
(6) The person may exercise the powers of an authorised person 27
under this Act in the local government area or local 28
governments' areas, but only in relation to invasive 29
biosecurity matter for its area or their areas. 30
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Part 1 General matters about inspectors and authorised persons
[s 237]
237 Appointment conditions and limit on powers 1
(1) An authorised person holds office on any conditions stated 2
in-- 3
(a) the authorised person's instrument of appointment; or 4
(b) a signed notice given to the authorised person; or 5
(c) a regulation. 6
(2) The instrument of appointment, a signed notice given to the 7
authorised person or a regulation may limit the authorised 8
person's powers. 9
(3) In this section-- 10
signed notice means a notice signed by the administering 11
executive. 12
238 When office ends 13
(1) The office of a person as an authorised person ends if any of 14
the following happens-- 15
(a) the term of office stated in a condition of office ends; 16
(b) under another condition of office, the office ends; 17
(c) the authorised person's resignation under section 239 18
takes effect. 19
(2) Subsection (1) does not limit the ways the office of a person as 20
an authorised person ends. 21
(3) In this section-- 22
condition of office means a condition under which the 23
authorised person holds office. 24
239 Resignation 25
(1) An authorised person may resign by signed notice given to the 26
administering executive. 27
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Part 1 General matters about inspectors and authorised persons
[s 240]
(2) For subsection (1), if a person is appointed as an authorised 1
person by 2 or more chief executive officers, the person may 2
resign by signed notice given to 1 of the chief executives. 3
(3) However, if holding office as an authorised person is a 4
condition of the authorised person holding another office, the 5
authorised person may not resign as an authorised person 6
without resigning from the other office. 7
Division 3 Special provision for appointments 8
of police officers and TORUM 9
authorised officers 10
240 Purpose of division 11
(1) The purpose of this division is to make special provision for-- 12
(a) the appointment of police officers as inspectors under 13
this Act; and 14
(b) the appointment, as authorised persons under this Act, 15
of persons appointed under TORUM as authorised 16
officers or accredited persons. 17
(2) This division does not limit any power the chief executive 18
may have-- 19
(a) under division 1, to appoint, subject to the Police Powers 20
and Responsibilities Act 2000, section 13, a police 21
officer as an inspector under this Act; or 22
(b) under division 2, to appoint an authorised officer or 23
accredited person under TORUM as an authorised 24
person under this Act. 25
241 Regulation may appoint prescribed class of police officer 26
(1) A regulation under this Act may provide that each police 27
officer of a class described in the regulation is an inspector 28
under this Act. 29
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Part 1 General matters about inspectors and authorised persons
[s 242]
Example of regulation-- 1
A regulation may declare that each police officer who is for the time 2
being a member of the unit of the police service known as the stock 3
investigation squad is an inspector under this Act. 4
(2) A police officer of the class described in the regulation is an 5
inspector under this Act without further appointment. 6
(3) A regulation under subsection (1) does not limit the operation 7
of the Police Powers and Responsibilities Act 2000, section 14 8
in relation to the exercise by a police officer of the powers of 9
an inspector under this Act. 10
(4) However, subsection (3) does not prevent a regulation under 11
subsection (1) from also limiting an inspector's exercise of 12
powers under this Act. 13
242 Appointment of police officer as inspector for biosecurity 14
emergency 15
(1) This section applies for the purposes of a biosecurity 16
emergency order. 17
(2) The chief executive may by notice signed by the chief 18
executive and published on the department's website provide 19
that each police officer of a class described in the notice is an 20
inspector under this Act for the purposes of implementation of 21
the biosecurity emergency order. 22
(3) A police officer of the class described in the notice is an 23
inspector under this Act without further appointment, but-- 24
(a) only while the biosecurity emergency order is in force or 25
for a shorter period stated in the notice; and 26
(b) only for the purposes of the biosecurity emergency 27
provisions identified in the notice. 28
(4) Subsection (3) does not limit what may be contained in the 29
notice. 30
(5) A notice under subsection (2) does not limit the operation of 31
the Police Powers and Responsibilities Act 2000, section 14 in 32
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Chapter 9 Inspectors and authorised persons
Part 1 General matters about inspectors and authorised persons
[s 243]
relation to the exercise by a police officer of the powers of an 1
inspector under the biosecurity emergency provisions. 2
(6) Before the chief executive makes a notice under subsection 3
(2), the chief executive must consult with the commissioner of 4
the police service about the contents of the proposed notice. 5
243 Appointment of authorised officer or accredited person 6
under TORUM as authorised person for biosecurity 7
emergency 8
(1) This section applies for the purposes of a biosecurity 9
emergency order. 10
(2) The chief executive may by notice signed by the chief 11
executive and published on the department's website provide 12
that each person, other than a police officer, holding 13
appointment as an authorised officer or accredited person 14
under TORUM, chapter 3, part 2, and who is of a class 15
described in the notice, is an authorised person under this Act 16
for the purposes of implementation of the biosecurity 17
emergency order. 18
(3) Each person, other than a police officer, who holds 19
appointment as an authorised officer or accredited person 20
under TORUM, chapter 3, part 2 and who is of the class 21
described in the notice is an authorised person under this Act 22
without further appointment, but-- 23
(a) only while the biosecurity emergency order is in force or 24
for a shorter period stated in the notice; and 25
(b) only for the purposes of the biosecurity emergency 26
provisions identified in the notice. 27
(4) Subsection (3) does not limit what may be contained in the 28
notice. 29
(5) Before the chief executive makes a notice under subsection 30
(2), the chief executive must consult with the chief executive 31
under TORUM about the contents of the proposed notice. 32
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Chapter 9 Inspectors and authorised persons
Part 1 General matters about inspectors and authorised persons
[s 244]
Division 4 Identity cards 1
244 Issue of identity card 2
(1) The administering executive must issue an identity card to 3
each authorised officer. 4
(2) The identity card must-- 5
(a) contain a recent photo of the authorised officer; and 6
(b) contain a copy of the authorised officer's signature; and 7
(c) identify the authorised officer as an inspector or 8
authorised person under this Act; and 9
(d) state an expiry date for the card. 10
(3) However, the administering executive is not required to issue 11
an identity card to a person appointed as an authorised officer 12
if-- 13
(a) the person has been appointed under division 1, 2 or 3; 14
and 15
(b) it is not practicable, in the circumstances, to issue the 16
identity card because the person is required to 17
implement an immediate response to a biosecurity 18
emergency order. 19
(4) Also, the identity card issued to the person because of the 20
office ordinarily held by the person, or an identity card that 21
the person otherwise holds, is taken to be the identity card 22
issued to the person as an authorised officer provided the 23
identity card contains the information mentioned in 24
subsection (2)(a), (b) and (d). 25
(5) This section does not prevent the issue of a single identity 26
card to a person for this Act and other purposes. 27
245 Production or display of identity card 28
(1) In exercising a power in relation to a person in the person's 29
presence, an authorised officer must-- 30
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Part 1 General matters about inspectors and authorised persons
[s 246]
(a) produce the authorised officer's identity card for the 1
person's inspection before exercising the power; or 2
(b) have the identity card displayed so it is clearly visible to 3
the person when exercising the power. 4
(2) However, if it is not practicable to comply with subsection 5
(1), the authorised officer must produce the identity card for 6
the person's inspection at the first reasonable opportunity. 7
(3) For subsection (1), an authorised officer does not exercise a 8
power in relation to a person only because the authorised 9
officer has entered a place as mentioned in section 252. 10
246 Return of identity card 11
If the office of a person as an authorised officer ends, the 12
person must return the person's identity card to the chief 13
executive within 21 days after the office ends unless the 14
person has a reasonable excuse. 15
Maximum penalty--20 penalty units. 16
Division 5 General matters about authorised 17
officers 18
247 Powers generally 19
(1) An authorised officer has the powers given under this Act. 20
(2) In exercising the powers, the authorised officer is subject to 21
the directions of the administering executive. 22
248 Powers of particular authorised persons limited to local 23
government area 24
(1) An authorised person appointed by the chief executive officer 25
of a local government under section 236(2) may exercise a 26
power under this Act only in relation to the local government 27
and its area. 28
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[s 249]
(2) An authorised person appointed by the chief executive officers 1
of 2 or more local governments under section 236(3) may 2
exercise a power under this Act only in relation to the local 3
governments and their areas. 4
249 Functions of authorised officers 5
(1) An authorised officer has the following functions-- 6
(a) to investigate, monitor and enforce compliance with this 7
Act; 8
(b) to investigate or monitor whether an occasion has arisen 9
for the exercise of powers under this Act; 10
(c) to facilitate the exercise of powers under this Act; 11
(d) to help achieve the purposes of this Act by providing 12
advice and information on how the purposes may be 13
achieved. 14
(2) Subject to this Act, an authorised officer may exercise the 15
powers under this Act for the purpose of these functions. 16
Division 6 Miscellaneous provisions 17
250 References to exercise of powers 18
If-- 19
(a) a provision of this chapter refers to the exercise of a 20
power by an authorised officer; and 21
(b) there is no reference to a specific power; 22
the reference is to the exercise of all or any authorised 23
officers' powers under this chapter or a warrant, to the extent 24
the powers are relevant. 25
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[s 251]
251 Reference to document includes reference to 1
reproductions from electronic document 2
A reference in this chapter to a document includes a reference 3
to an image or writing-- 4
(a) produced from an electronic document; or 5
(b) not yet produced, but reasonably capable of being 6
produced, from an electronic document, with or without 7
the aid of another article or device. 8
Part 2 Entry to places by authorised 9
officers 10
Division 1 Power to enter 11
252 General power to enter places 12
(1) An authorised officer may enter a place if-- 13
(a) an occupier of the place consents under division 2 to the 14
entry and section 260 has been complied with for the 15
occupier; or 16
(b) it is a public place and the entry is made when it is open 17
to the public; or 18
(c) the entry is authorised under a warrant and, if there is an 19
occupier of the place, section 270 has been complied 20
with for the occupier; or 21
(d) it is a place of business that is regulated under this Act 22
and is-- 23
(i) open for carrying on the business; or 24
(ii) otherwise open for entry; or 25
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[s 252]
(iii) required under this Act to be open for inspection 1
by an authorised officer; or 2
(e) the entry is authorised under section 253, 254, 255, 256 3
or 257. 4
(2) For subsection (1)(d) and (e), entry to a place does not include 5
entry to a part of the place where a person resides (a 6
residence) without the person's consent or a warrant. 7
(3) The following do not form part of a residence-- 8
(a) a carport, other than a carport to which access is 9
restricted; 10
(b) the area of a verandah or deck to which access is not 11
restricted and no provision is made to restrict access; 12
(c) the area underneath the residence to which access is not 13
restricted and no provision is made to restrict access; 14
(d) any other external part of the residence, including, for 15
example, the residence's gutters; 16
(e) land around the residence. 17
(4) If the power to enter arose only because an occupier of the 18
place consented to the entry, the power is subject to any 19
conditions of the consent and ceases if the consent is 20
withdrawn. 21
(5) If the power to enter is under a warrant, the power is subject to 22
the terms of the warrant. 23
(6) The consent may provide consent for re-entry and is subject to 24
the conditions of consent. 25
(7) If the power to re-enter is under a warrant, the re-entry is 26
subject to the terms of the warrant. 27
(8) In this section-- 28
regulated under this Act, for a place of business, means-- 29
(a) the person who carries on business at the place holds, or 30
is required to hold, an authority under this Act to carry 31
on the business or a particular aspect of the business; or 32
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[s 253]
(b) the place of business is, or is required to be, mentioned 1
in an authority under this Act. 2
253 Power to enter place to ascertain if biosecurity risk exists 3
(1) This section applies if an authorised officer reasonably 4
believes there may be a biosecurity risk at a place. 5
(2) The authorised officer may, at reasonable times, enter the 6
place to find out whether there is a biosecurity risk at the 7
place. 8
Notes-- 9
1 See, however, the restrictions on entry under section 252(2). 10
2 See section 262 for the procedure for entry under this section. 11
254 Power to enter place under biosecurity program 12
(1) This section applies if there is a biosecurity program for a 13
place. 14
(2) An authorised officer may, at reasonable times, enter the place 15
to take action under the biosecurity program. 16
Notes-- 17
1 See, however, the restrictions on entry under section 252(2). 18
2 See section 263 for the procedure for entry under this section. 19
255 Power to enter place to check compliance with 20
biosecurity order 21
(1) This section applies if a person has been given a biosecurity 22
order for a biosecurity risk at a place. 23
(2) An authorised officer may, at reasonable times, enter the place 24
to check whether the order has been complied with. 25
Notes-- 26
1 See, however, the restrictions on entry under section 252(2). 27
2 See section 263 for the procedure for entry under this section. 28
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[s 256]
256 Power to enter place to take steps if biosecurity order not 1
complied with 2
(1) This section applies if-- 3
(a) a person has been given a biosecurity order for a 4
biosecurity risk at a place or because a biosecurity risk 5
may happen at a place; and 6
(b) the biosecurity order requires the person to take steps at 7
the place to remove or reduce the biosecurity risk or 8
prevent the biosecurity risk from recurring; and 9
(c) the person has failed to take the steps as required by the 10
order. 11
(2) The issuing authority by its employees or agents, or an 12
authorised officer, may at reasonable times enter the place to 13
take the steps stated in the order. 14
Notes-- 15
1 See, however, the restrictions on entry under section 252(2). 16
2 See section 264 for the procedure for entry under this section. 17
257 Power to enter place to take action required under 18
direction 19
(1) This section applies if-- 20
(a) an authorised officer gives a person a direction under 21
this Act other than under a biosecurity order; and 22
Example of a direction under this Act-- 23
a direction under a biosecurity program, a biosecurity 24
emergency order or a movement control order 25
(b) the person fails to take the action required under the 26
direction. 27
(2) The issuing authority by its employees or agents, or an 28
authorised officer, may at reasonable times enter the place the 29
subject of the direction and take the action at the place that is 30
required under the direction. 31
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[s 258]
Notes-- 1
1 See, however, the restrictions on entry under section 252(2). 2
2 See section 264 for the procedure for entry under this section. 3
(3) Subsection (4) applies if the direction is given under a 4
biosecurity program. 5
(4) Before taking the action, the issuing authority must give the 6
occupier of the place and, if the occupier is not the owner of 7
the place, the owner of the place reasonable notice of the 8
following-- 9
(a) that the issuing authority by its employees or agents, or 10
an authorised officer, intends to enter the place; 11
(b) the reason for entering the place; 12
(c) that the person mentioned in paragraph (a) is authorised 13
under this Act to enter the place without the permission 14
of the occupier. 15
Division 2 Entry by consent 16
258 Application of div 2 17
This division applies if an authorised officer intends to ask an 18
occupier of a place to consent to the authorised officer or 19
another authorised officer entering the place under section 20
252(1)(a). 21
259 Incidental entry to ask for access 22
For the purpose of asking the occupier for the consent, the 23
authorised officer may, without the occupier's consent or a 24
warrant-- 25
(a) enter land around premises at the place to an extent that 26
is reasonable to contact the occupier; or 27
(b) enter part of the place the authorised officer reasonably 28
considers members of the public ordinarily are allowed 29
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[s 260]
to enter when they wish to contact an occupier of the 1
place. 2
260 Matters authorised officer must tell occupier 3
Before asking for the consent, the authorised officer must give 4
a reasonable explanation to the occupier-- 5
(a) about the purpose of the entry, including the powers 6
intended to be exercised; and 7
(b) that the occupier is not required to consent; and 8
(c) that the consent may be given subject to conditions and 9
may be withdrawn at any time. 10
261 Consent acknowledgement 11
(1) If the consent is given, the authorised officer may ask the 12
occupier to sign an acknowledgement of the consent. 13
(2) The acknowledgement must state-- 14
(a) the purpose of the entry, including the powers intended 15
to be exercised; and 16
(b) the following has been explained to the occupier-- 17
(i) the purpose of the entry, including the powers 18
intended to be exercised; 19
(ii) that the occupier is not required to consent; and 20
(c) the occupier gives the authorised officer or another 21
authorised officer consent to enter the place and exercise 22
the powers; and 23
(d) the time and day the consent was given; and 24
(e) any conditions of the consent. 25
(3) If the occupier signs the acknowledgement, the authorised 26
officer must immediately give a copy to the occupier. 27
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[s 262]
(4) However, if it is impractical for the authorised officer to give 1
the occupier a copy of the acknowledgement immediately, the 2
authorised officer must give the copy as soon as practicable. 3
(5) If-- 4
(a) an issue arises in a proceeding about whether the 5
occupier consented to the entry; and 6
(b) an acknowledgement complying with subsection (2) for 7
the entry is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of 9
the entry to prove the occupier consented. 10
Division 3 Entry for particular purposes 11
262 Entry of place under s 253 12
(1) This section applies to an authorised officer intending to enter 13
a place under section 253. 14
(2) The authorised officer must, before entering the place, make a 15
reasonable attempt to locate an occupier and obtain the 16
occupier's consent to the entry. 17
Note-- 18
See division 2. 19
(3) If the occupier refuses consent to enter, the authorised officer 20
must not enter the place unless the entry is under a warrant. 21
(4) If the authorised officer is unable to locate an occupier after 22
making a reasonable attempt to do so, the authorised officer 23
may enter the place. 24
(5) If the authorised officer enters the place after being unable to 25
locate an occupier, the authorised officer must leave a notice 26
in a conspicuous position and in a reasonably secure way 27
stating the date, time and purpose of the entry. 28
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[s 263]
263 Entry of place under ss 254 and 255 1
(1) This section applies to an authorised officer intending to enter 2
a place under section 254 or 255. 3
(2) The authorised officer must, before entering the place, make a 4
reasonable attempt to locate an occupier and obtain the 5
occupier's consent to the entry. 6
Note-- 7
See division 2. 8
(3) If the authorised officer is unable to locate an occupier after 9
making a reasonable attempt to do so, the authorised officer 10
may enter the place. 11
(4) If the authorised officer enters the place after being unable to 12
locate an occupier, the authorised officer must leave a notice 13
in a conspicuous position and in a reasonably secure way 14
stating the date, time and purpose of the entry. 15
(5) Subsection (6) applies if the authorised officer enters the place 16
and an occupier is present at the place. 17
(6) The authorised officer must immediately after entering the 18
place-- 19
(a) produce the authorised officer's identity card for the 20
occupier's inspection; and 21
(b) inform the occupier-- 22
(i) of the reason for entering the place; and 23
(ii) that the authorised officer is authorised under this 24
Act to enter the place without the permission of the 25
occupier. 26
Note-- 27
See, however, the restrictions on entry under section 28
252(2). 29
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[s 264]
264 Entry of place under ss 256 and 257 1
(1) This section applies to the issuing authority by its employees 2
or agents, or an authorised officer, intending to enter a place 3
under section 256 or 257. 4
(2) The person must, before entering the place, make a reasonable 5
attempt to locate an occupier and obtain the occupier's 6
consent to the entry. 7
Note-- 8
See division 2. 9
(3) If the person is unable to locate an occupier after making a 10
reasonable attempt to do so, the person may enter the place. 11
(4) If the person enters the place after being unable to locate an 12
occupier, the person must leave a notice in a conspicuous 13
position and in a reasonably secure way stating the date, time 14
and purpose of the entry. 15
(5) Subsection (6) applies if the person enters the place and an 16
occupier is present at the place. 17
(6) The person must immediately after entering the place-- 18
(a) either-- 19
(i) if the person is an employee or agent of the issuing 20
authority--produce the issuing authority's written 21
authority to enter the place, and sufficient evidence 22
to identify the person as a person who may enter 23
under the authority, for the occupier's inspection; 24
or 25
(ii) if the person is an authorised officer--produce the 26
authorised officer's identity card for the occupier's 27
inspection; and 28
(b) inform the occupier-- 29
(i) of the reason for entering the place; and 30
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[s 265]
(ii) that the person is authorised under this Act to enter 1
the place without the permission of the occupier. 2
Note-- 3
See, however, the restrictions on entry under section 4
252(2). 5
Division 4 Entry under warrant 6
Subdivision 1 Obtaining warrant 7
265 Application for warrant 8
(1) An authorised officer may apply to a magistrate for a warrant 9
for a place. 10
(2) The authorised officer must prepare a written application that 11
states the grounds on which the warrant is sought. 12
(3) The written application must be sworn. 13
(4) The magistrate may refuse to consider the application until the 14
authorised officer gives the magistrate all the information the 15
magistrate requires about the application in the way the 16
magistrate requires. 17
Example-- 18
The magistrate may require additional information supporting the 19
application to be given by statutory declaration. 20
266 Issue of warrant 21
(1) The magistrate may issue a warrant for the place only under 22
subsection (2) or (3). 23
(2) The magistrate may issue a warrant for the place if the 24
magistrate is satisfied there are reasonable grounds for 25
suspecting that-- 26
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[s 266]
(a) there is at the place, or will be at the place within the 1
next 7 days, a particular thing or activity that may 2
provide evidence of an offence against this Act; or 3
(b) there is a biosecurity risk at the place. 4
(3) Also, the magistrate may issue a warrant for the place for the 5
purpose of the authorised officer's performance of the 6
function mentioned in section 249(1)(a) or (b) at the place 7
if-- 8
(a) the place is a place mentioned in section 252(1)(b) or (d) 9
or a place to which section 252(1)(e) applies; and 10
(b) the magistrate is satisfied it is reasonably necessary that 11
the inspector should have access to the place for the 12
purpose of effectively performing the function at the 13
place. 14
Example for paragraph (b)-- 15
The magistrate may be satisfied under paragraph (b) if the 16
inspector has made a reasonable attempt to perform the function 17
at the place without a warrant, but because of obstruction has 18
been unsuccessful. 19
(4) The warrant must state-- 20
(a) the place to which the warrant applies; and 21
(b) that a stated authorised officer or any authorised officer 22
may, with necessary and reasonable help and force-- 23
(i) enter the place and any other place necessary for 24
entry to the place; and 25
(ii) exercise the authorised officer's powers; and 26
(c) particulars of the offence, biosecurity risk or other 27
circumstances that the magistrate considers appropriate; 28
and 29
(d) if the warrant is issued under subsection (2), the name of 30
the person suspected of having committed the offence or 31
who caused the biosecurity risk or allowed the 32
biosecurity risk to continue, unless the name is unknown 33
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[s 267]
or the magistrate considers it inappropriate to state the 1
name; and 2
(e) the evidence that may be seized under the warrant; and 3
(f) whether the authorised officer may exercise powers 4
under section 312; and 5
(g) if the authorised officer may exercise powers under 6
section 312, the person, if any, who is to pay the costs 7
incurred by the authorised officer in exercising the 8
powers; and 9
(h) the hours of the day or night when the place may be 10
entered; and 11
(i) the magistrate's name; and 12
(j) the day and time of the warrant's issue; and 13
(k) except for a warrant allowing for re-entry of the place, 14
the day, within 14 days after the warrant's issue, the 15
warrant ends. 16
(5) If the warrant relates to a biosecurity risk, the warrant may 17
also state that an authorised officer may re-enter the place to 18
check compliance with a biosecurity order issued as a result of 19
the authorised officer's entry of the place under the warrant. 20
(6) To the extent that the warrant allows for re-entry of the place, 21
it ends on the earlier of the following days-- 22
(a) the day that is 7 days after the end of the period stated in 23
the biosecurity order for completing the steps stated in 24
the order; 25
(b) the day stated in the warrant. 26
267 Electronic application 27
(1) An application under section 265 may be made by phone, fax, 28
email, radio, videoconferencing or another form of electronic 29
communication if the authorised officer reasonably considers 30
it necessary because of-- 31
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[s 268]
(a) urgent circumstances; or 1
(b) other special circumstances, including, for example, the 2
authorised officer's remote location. 3
(2) The application-- 4
(a) may not be made before the authorised officer prepares 5
the written application under section 265(2); but 6
(b) may be made before the written application is sworn. 7
268 Additional procedure if electronic application 8
(1) For an application made under section 267, the magistrate 9
may issue the warrant (the original warrant) only if the 10
magistrate is satisfied-- 11
(a) it was necessary to make the application under section 12
267; and 13
(b) the way the application was made under section 267 was 14
appropriate. 15
(2) After the magistrate issues the original warrant-- 16
(a) if there is a reasonably practicable way of immediately 17
giving a copy of the warrant to the authorised officer, 18
including, for example, by sending a copy by fax or 19
email, the magistrate must immediately give a copy of 20
the warrant to the authorised officer; or 21
(b) otherwise-- 22
(i) the magistrate must tell the authorised officer the 23
information mentioned in section 266(4); and 24
(ii) the authorised officer must complete a form of 25
warrant including by writing on it the information 26
mentioned in section 266(4) provided by the 27
magistrate. 28
(3) The copy of the warrant mentioned in subsection (2)(a), or the 29
form of warrant completed under subsection (2)(b) (in either 30
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[s 269]
case the duplicate warrant), is a duplicate of, and as effectual 1
as, the original warrant. 2
(4) The authorised officer must, at the first reasonable 3
opportunity, send to the magistrate-- 4
(a) the written application complying with section 265(2) 5
and (3); and 6
(b) if the authorised officer completed a form of warrant 7
under subsection (2)(b)--the completed form of 8
warrant. 9
(5) The magistrate must keep the original warrant and, on 10
receiving the documents under subsection (4)-- 11
(a) attach the documents to the original warrant; and 12
(b) give the original warrant and documents to the clerk of 13
the court of the relevant magistrates court. 14
(6) Despite subsection (3), if-- 15
(a) an issue arises in a proceeding about whether an 16
exercise of a power was authorised by a warrant issued 17
under this section; and 18
(b) the original warrant is not produced in evidence; 19
the onus of proof is on the person relying on the lawfulness of 20
the exercise of the power to prove a warrant authorised the 21
exercise of the power. 22
(7) This section does not limit section 265. 23
(8) In this section-- 24
relevant magistrates court, in relation to a magistrate, means 25
the Magistrates Court that the magistrate constitutes under the 26
Magistrates Act 1991. 27
269 Defect in relation to a warrant 28
(1) A warrant is not invalidated by a defect in-- 29
(a) the warrant; or 30
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[s 270]
(b) compliance with sections 265 to 267; 1
unless the defect affects the substance of the warrant in a 2
material particular. 3
(2) In this section-- 4
warrant includes a duplicate warrant mentioned in section 5
268(3). 6
Subdivision 2 Entry procedure 7
270 Entry procedure 8
(1) This section applies if an authorised officer is intending to 9
enter a place under a warrant issued under this division. 10
(2) Before entering the place, the authorised officer must do or 11
make a reasonable attempt to do the following things-- 12
(a) identify himself or herself to a person who is an 13
occupier of the place and is present by producing the 14
authorised officer's identity card or another document 15
evidencing the appointment; 16
(b) give the person a copy of the warrant; 17
(c) tell the person the authorised officer is permitted by the 18
warrant to enter the place; 19
(d) give the person an opportunity to allow the authorised 20
officer immediate entry to the place without using force. 21
(3) However, the authorised officer need not comply with 22
subsection (2) if the authorised officer believes on reasonable 23
grounds that immediate entry to the place without compliance 24
is required to ensure the execution of the warrant is not 25
frustrated. 26
(4) In this section-- 27
warrant includes a duplicate warrant mentioned in section 28
268(3). 29
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Part 3 Emergency powers of inspectors
[s 271]
Part 3 Emergency powers of 1
inspectors 2
271 Application of pt 3 3
This part applies if an inspector is satisfied on reasonable 4
grounds-- 5
(a) an activity is being carried out or there is biosecurity 6
matter at a place, other than a place, or part of a place, 7
used for residential purposes; and 8
(b) it is necessary to exercise powers under this part to avoid 9
an imminent and significant biosecurity risk from the 10
activity or biosecurity matter. 11
272 Power and procedure for entry 12
(1) The inspector may, without a warrant or the consent of the 13
occupier of the place, enter the place. 14
(2) Before entering the place, the inspector must do or make a 15
reasonable attempt to do the following things-- 16
(a) comply with section 245(1); 17
(b) tell the occupier the inspector is permitted under this 18
Act to enter the place. 19
(3) However, the inspector need not comply with subsection (2) if 20
the inspector reasonably believes that immediate entry to the 21
place is required to avoid an imminent and significant 22
biosecurity risk. 23
273 Power in relation to activity or biosecurity matter 24
(1) The inspector may in relation to the activity or biosecurity 25
matter mentioned in section 271, and to the extent reasonably 26
necessary for managing the activity or matter-- 27
(a) direct a person at the place to take stated reasonable 28
steps within a stated reasonable period; or 29
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[s 274]
(b) take reasonable steps; or 1
(c) authorise another person to take reasonable steps. 2
(2) Without limiting subsection (1), reasonable steps may include 3
steps requiring any person-- 4
(a) to remain at the place or not to enter the place; and 5
(b) to clean or disinfect the place, a structure or another 6
thing; and 7
(c) to destroy the biosecurity matter or remove the 8
biosecurity matter to another place to destroy it; and 9
(d) to destroy a carrier of the biosecurity matter or remove 10
the carrier to another place to destroy it; and 11
(e) to dispose of the biosecurity matter other than by 12
destroying it; and 13
(f) to do something that assists with a step mentioned in 14
paragraphs (b) to (e); and 15
(g) to stop doing something that may interfere with a step 16
mentioned in paragraphs (b) to (e). 17
(3) The direction may be given orally or by notice. 18
(4) However, if the direction is given orally, the inspector must as 19
soon as practicable confirm the direction by notice given to 20
the person. 21
(5) If the inspector takes the steps, the inspector also may exercise 22
any of the powers of an inspector under this chapter. 23
274 How power may be exercised 24
(1) The inspector may exercise the powers mentioned in sections 25
272(1) and 273(1)(b) and (5) (the emergency powers) with the 26
help, and using the force, that is necessary and reasonable in 27
the circumstances. 28
(2) In exercising or attempting to exercise emergency powers, an 29
inspector must take all reasonable steps to ensure the 30
inspector causes as little inconvenience to any person at the 31
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[s 275]
place, and does as little damage, as is practicable in the 1
circumstances. 2
(3) If an inspector authorises a person to take steps under section 3
273(1)(c)-- 4
(a) the person may exercise the powers mentioned in 5
section 273(5); and 6
(b) the inspector must inform the person-- 7
(i) of the steps the person is authorised to take; and 8
(ii) of the person's powers under this part. 9
275 Requirement to give chief executive notice 10
An inspector exercising powers under this part must as soon 11
as practicable after exercising the powers give the chief 12
executive notice of the fact. 13
276 Duration of emergency powers 14
An inspector exercising powers under this part may exercise 15
the powers only until the earlier of the following-- 16
(a) the imminent and significant biosecurity risk from the 17
activity being carried out, or from the biosecurity matter, 18
at a place has been avoided; 19
(b) 96 hours after the inspector first exercises the powers. 20
277 Failure to comply with inspector's directions in 21
emergency 22
A person to whom a direction is given under 273(1)(a) must 23
comply with the direction, unless the person has a reasonable 24
excuse. 25
Maximum penalty--2000 penalty units. 26
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Part 4 Other authorised officers' powers and related matters
[s 278]
278 Inspector's powers not affected 1
This part does not limit any power an inspector has apart from 2
the part. 3
Part 4 Other authorised officers' 4
powers and related matters 5
Division 1 Stopping or moving vehicles 6
279 Application of div 1 7
This division applies if an authorised officer reasonably 8
suspects, or is aware, that-- 9
(a) a thing in or on a vehicle may provide evidence of the 10
commission of an offence against this Act; or 11
(b) a vehicle, or a thing in or on the vehicle, may pose a 12
biosecurity risk. 13
280 Power to stop or move 14
(1) If the vehicle is moving, the authorised officer may, to 15
exercise his or her powers, signal or otherwise direct the 16
person in control of the vehicle to stop the vehicle and to bring 17
the vehicle to, and keep it at, a convenient place within a 18
reasonable distance to allow the authorised officer to exercise 19
the powers. 20
(2) If the vehicle is stopped, the authorised officer may direct the 21
person in control of the vehicle-- 22
(a) not to move it until the authorised officer has exercised 23
the authorised officer's powers; or 24
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(b) to move the vehicle to, and keep it at, a stated reasonable 1
place to allow the authorised officer to exercise the 2
powers. 3
(3) When giving the direction under subsection (2), the authorised 4
officer must give the person in control an offence warning for 5
the direction. 6
281 Identification requirements if vehicle moving 7
(1) This section applies if the authorised officer proposes to give a 8
direction under section 280(1) and the vehicle is moving. 9
(2) The authorised officer must clearly identify himself or herself 10
as an authorised officer exercising the authorised officer's 11
powers. 12
Examples-- 13
1 If the authorised officer is in a moving vehicle, he or she may use a 14
loud hailer to identify himself or herself as an authorised officer 15
exercising powers. 16
2 If the authorised officer is standing at the side of the road, he or she 17
may use a sign to identify himself or herself as an authorised officer 18
exercising powers. 19
(3) When the vehicle stops, the authorised officer must-- 20
(a) have with him or her the authorised officer's identity 21
card; and 22
(b) immediately produce the identity card for the inspection 23
of the person in control of the vehicle. 24
(4) Subsection (3) applies despite section 245. 25
282 Failure to comply with direction 26
(1) The person in control of the vehicle must comply with a 27
direction under section 280 unless the person has a reasonable 28
excuse. 29
Maximum penalty--50 penalty units. 30
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(2) It is a reasonable excuse for the person not to comply with a 1
direction if-- 2
(a) the vehicle was moving and the authorised officer did 3
not comply with section 281; or 4
(b) to comply immediately would have endangered 5
someone else or caused loss or damage to property, and 6
the person complies as soon as it is practicable to do so. 7
(3) Subsection (2) does not limit subsection (1). 8
(4) A person does not commit an offence against subsection (1) 9
if-- 10
(a) the direction the person fails to comply with is given 11
under section 280(2); and 12
(b) the person is not given an offence warning for the 13
direction. 14
Division 2 Stopping or moving travelling 15
animals 16
283 Application of div 2 17
This division applies if an inspector reasonably suspects, or is 18
aware, that an animal travelling on a stock route, or on a 19
reserve for the travelling of animals in association with being 20
travelled on a stock route, may pose a biosecurity risk. 21
284 Power to stop or move 22
(1) If the animal is travelling on the stock route, the inspector 23
may, to exercise his or her powers, signal or otherwise direct 24
the person driving the animal-- 25
(a) to stop the animal; and 26
(b) either-- 27
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(i) to drive the animal to, and keep it at, a convenient 1
place within a reasonable distance to allow the 2
inspector to exercise the powers; or 3
(ii) to return the animal to the place where the animal 4
is kept to allow the inspector to exercise the 5
powers. 6
(2) If the animal is on a reserve for travelling stock, the inspector 7
may direct the person in control of the animal-- 8
(a) not to move it until the inspector has exercised the 9
inspector's powers; or 10
(b) to drive the animal to, and keep it at, a stated reasonable 11
place to allow the inspector to exercise the powers; or 12
(c) to return the animal to the place where the animal is kept 13
to allow the inspector to exercise the powers. 14
(3) When giving the direction under subsection (2), the inspector 15
must give the person in control an offence warning for the 16
direction. 17
285 Identification requirements if animal travelling on stock 18
route 19
(1) This section applies if the inspector proposes to give a 20
direction under section 284(1) and the animal is travelling on 21
the stock route. 22
(2) The inspector must clearly identify himself or herself to the 23
person driving the animal as an inspector exercising the 24
inspector's powers. 25
(3) When the person driving the animal stops the animal, the 26
inspector must-- 27
(a) have with him or her the inspector's identity card; and 28
(b) immediately produce the identity card for the inspection 29
of the person driving the animal. 30
(4) Subsection (3) applies despite section 245. 31
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286 Failure to comply with direction 1
(1) The person driving the animal or in control of the animal must 2
comply with a direction under section 284 unless the person 3
has a reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is a reasonable excuse for the person not to comply with a 6
direction if-- 7
(a) the animal was travelling on the stock route and the 8
inspector did not comply with section 285; or 9
(b) to comply immediately would have endangered 10
someone else or caused loss or damage to property, and 11
the person complies as soon as it is practicable to do so. 12
(3) Subsection (2) does not limit subsection (1). 13
(4) A person does not commit an offence against subsection (1) 14
if-- 15
(a) the direction the person fails to comply with is given 16
under section 284(2); and 17
(b) the person is not given an offence warning for the 18
direction. 19
Division 3 General powers of authorised 20
officers after entering places 21
287 Application of div 3 22
(1) The powers under this division may be exercised if an 23
authorised officer enters a place under-- 24
(a) section 252(1)(a); or 25
(b) section 252(1)(c); or 26
(c) section 252(1)(d); or 27
(d) section 253; or 28
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(e) section 254; or 1
(f) section 255; or 2
(g) section 256; or 3
(h) section 257; or 4
(i) part 3; or 5
(j) chapter 5. 6
(2) However, if the authorised officer enters under section 7
252(1)(a) or (c), the powers under this division are subject to 8
any conditions of the consent or terms of the warrant. 9
288 General powers 10
(1) The authorised officer may do any of the following (each a 11
general power)-- 12
(a) search any part of the place; 13
(b) inspect, examine or film any part of the place or 14
anything at the place; 15
(c) take for examination a thing, or a sample of or from a 16
thing, at the place; 17
(d) place an identifying mark in or on anything at the place; 18
Example-- 19
insert a microchip in a horse's neck to indicate that the horse has 20
equine influenza 21
(e) place a sign or notice at the place; 22
Example of a sign or notice-- 23
a notice stating the area is subject to a biosecurity emergency 24
order 25
(f) produce an image or writing at the place from an 26
electronic document or, to the extent it is not 27
practicable, take a thing containing an electronic 28
document to another place to produce an image or 29
writing; 30
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(g) take to, into or onto the place and use any person, 1
equipment and materials the authorised officer 2
reasonably requires for exercising the authorised 3
officer's powers under this division; 4
(h) for a prevention and control program--destroy the 5
biosecurity matter to which the program relates, or a 6
carrier of the biosecurity matter, if the authorised officer 7
believes on reasonable grounds the biosecurity matter or 8
carrier poses a significant biosecurity risk; 9
(i) destroy biosecurity matter or a carrier if-- 10
(i) the authorised officer believes on reasonable 11
grounds the biosecurity matter or carrier poses a 12
significant biosecurity risk; and 13
(ii) the owner of the biosecurity matter or carrier 14
consents to its destruction; 15
(j) remain at the place for the time necessary to achieve the 16
purpose of the entry. 17
(2) The authorised officer may take a necessary step to allow the 18
exercise of a general power. 19
(3) If the authorised officer takes a document from the place to 20
copy it, the authorised officer must copy and return the 21
document to the place as soon as practicable. 22
(4) If the authorised officer takes from the place an article or 23
device reasonably capable of producing a document from an 24
electronic document to produce the document, the authorised 25
officer must produce the document and return the article or 26
device to the place as soon as practicable. 27
(5) In this section-- 28
examine includes analyse, test, account, measure, weigh, 29
grade, gauge and identify. 30
film includes photograph, videotape and record an image in 31
another way. 32
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inspect, a thing, includes open the thing and examine its 1
contents. 2
289 Power to require reasonable help 3
(1) The authorised officer may make a requirement (a help 4
requirement) of an occupier of the place or a person at the 5
place to give the authorised officer reasonable help to exercise 6
a general power, including, for example, to produce a 7
document or to give information. 8
(2) When making the help requirement, the authorised officer 9
must give the person an offence warning for the requirement. 10
290 Offence to contravene help requirement 11
(1) A person of whom a help requirement has been made must 12
comply with the requirement unless the person has a 13
reasonable excuse. 14
Maximum penalty--50 penalty units. 15
(2) It is a reasonable excuse for an individual not to comply with 16
a help requirement if complying might tend to incriminate the 17
individual or expose the individual to a penalty. 18
(3) However, subsection (2) does not apply if a document or 19
information the subject of the help requirement is required to 20
be held or kept by the defendant under this Act. 21
Note-- 22
See, however, section 326. 23
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Division 4 Seizure by authorised officers and 1
forfeiture 2
Subdivision 1 Power to seize 3
291 Seizing evidence at a place that may be entered without 4
consent or warrant 5
(1) An authorised officer who enters a place the authorised officer 6
may enter under this Act without the consent of an occupier of 7
the place and without a warrant under section 266(2) may 8
seize a thing at the place if the authorised officer reasonably 9
believes the thing is evidence of an offence against this Act. 10
(2) Subsection (1) applies even if the entry is under a warrant 11
issued under section 266(3). 12
292 Seizing evidence at a place that may be entered only with 13
consent or warrant 14
(1) This section applies if-- 15
(a) an authorised officer is authorised to enter a place only 16
with the consent of an occupier of the place or a 17
warrant; and 18
(b) the authorised officer enters the place after obtaining the 19
consent or under a warrant issued under section 266(2). 20
(2) If the authorised officer enters the place with the occupier's 21
consent, the authorised officer may seize a thing at the place 22
only if-- 23
(a) the authorised officer reasonably believes the thing is 24
evidence of an offence against this Act; and 25
(b) seizure of the thing is consistent with the purpose of 26
entry as explained to the occupier when asking for the 27
occupier's consent. 28
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(3) If the authorised officer enters the place under a warrant 1
issued under section 266(2), the authorised officer may seize 2
the evidence for which the warrant was issued. 3
(4) The authorised officer also may seize anything else at the 4
place if the authorised officer reasonably believes-- 5
(a) the thing is evidence of an offence against this Act; and 6
(b) the seizure is necessary to prevent the thing being-- 7
(i) hidden, lost or destroyed; or 8
(ii) used to continue, or repeat, the offence. 9
(5) The authorised officer may also seize a thing at the place if the 10
authorised officer reasonably believes it has just been used in 11
committing an offence against this Act. 12
293 Seizure of property subject to security 13
(1) An authorised officer may seize a thing, and exercise powers 14
relating to the thing, despite a lien or other security over it 15
claimed by another person. 16
(2) However, the seizure does not affect the other person's claim 17
to the lien or other security against a person other than the 18
authorised officer or a person acting for the officer. 19
Subdivision 2 Powers to support seizure 20
294 Requirement of person in control of thing to be seized 21
(1) To enable a thing to be seized, an authorised officer may 22
require the person in control of it-- 23
(a) to take it to a stated reasonable place by a stated 24
reasonable time; and 25
(b) if necessary, to remain in control of it at the stated place 26
for a stated reasonable time. 27
(2) The requirement-- 28
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(a) must be made by notice; or 1
(b) if for any reason it is not practicable to give a notice, 2
may be made orally and confirmed by notice as soon as 3
practicable. 4
295 Offence to contravene seizure requirement 5
A person of whom a requirement is made under section 294 6
must comply with the requirement unless the person has a 7
reasonable excuse. 8
Maximum penalty--100 penalty units. 9
296 Power to secure seized thing 10
(1) Having seized a thing under this division, an authorised 11
officer may-- 12
(a) leave it at the place where it was seized (the place of 13
seizure) and take reasonable action to restrict access to 14
it; or 15
(b) move it from the place of seizure. 16
(2) For subsection (1)(a), the authorised officer may, for 17
example-- 18
(a) seal the thing, or the entrance to the place of seizure, and 19
mark the thing or place to show access to the thing or 20
place is restricted; or 21
(b) for equipment--make it inoperable; or 22
Example-- 23
make it inoperable by dismantling it or removing a component 24
without which the equipment can not be used 25
(c) require a person the authorised officer reasonably 26
believes is in control of the place or thing to do an act 27
mentioned in paragraph (a) or (b) or anything else an 28
inspector could do under subsection (1)(a). 29
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297 Offence to contravene other seizure requirement 1
A person must comply with a requirement made of the person 2
under section 296(2)(c) unless the person has a reasonable 3
excuse. 4
Maximum penalty--100 penalty units. 5
298 Offence to interfere 6
(1) If access to a seized thing is restricted under section 296, a 7
person must not tamper with the thing or with anything used 8
to restrict access to the thing without-- 9
(a) an authorised officer's approval; or 10
(b) a reasonable excuse. 11
Maximum penalty--100 penalty units. 12
(2) If access to a place is restricted under section 296, a person 13
must not enter the place in contravention of the restriction or 14
tamper with anything used to restrict access to the place 15
without-- 16
(a) an authorised officer's approval; or 17
(b) a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
Subdivision 3 Safeguards for seized things 20
299 Receipt and information notice for seized thing 21
(1) This section applies if an authorised officer seizes anything 22
under this division unless-- 23
(a) the authorised officer reasonably believes there is 24
no-one apparently in possession of the thing or the thing 25
has been abandoned; or 26
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(b) because of the condition, nature and value of the thing it 1
would be unreasonable to require the authorised officer 2
to comply with this section. 3
(2) The authorised officer must, as soon as practicable after 4
seizing the thing, give an owner or person in control of the 5
thing before it was seized-- 6
(a) a receipt for the thing that generally describes the thing 7
and its condition; and 8
(b) an information notice for the decision to seize it. 9
(3) However, if an owner or person from whom the thing is seized 10
is not present when it is seized, the receipt and information 11
notice may be given by leaving them in a conspicuous 12
position and in a reasonably secure way at the place at which 13
the thing is seized. 14
(4) The receipt and information notice may-- 15
(a) be given in the same document; and 16
(b) relate to more than 1 seized thing. 17
(5) The authorised officer may delay giving the receipt and 18
information notice if the authorised officer reasonably 19
suspects giving them may frustrate or otherwise hinder an 20
investigation by the authorised officer under this Act. 21
(6) However, the delay may be only for so long as the authorised 22
officer continues to have the reasonable suspicion and remains 23
in the vicinity of the place at which the thing was seized to 24
keep it under observation. 25
300 Access to seized thing 26
(1) Until a seized thing is forfeited or returned, the authorised 27
officer who seized the thing must allow an owner of the 28
thing-- 29
(a) to inspect it at any reasonable time and from time to 30
time; and 31
(b) if it is a document--to copy it. 32
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(2) Subsection (1) does not apply if it is impracticable or would 1
be unreasonable to allow the inspection or copying. 2
(3) The inspection or copying must be allowed free of charge. 3
301 Return of seized thing 4
(1) This section applies if a seized thing has some intrinsic value 5
and is not-- 6
(a) forfeited or transferred under subdivision 4 or 5; or 7
(b) subject to a disposal order under division 5. 8
(2) The authorised officer must return the seized thing to an 9
owner-- 10
(a) for a thing seized under section 291 or 292-- 11
(i) generally--at the end of 6 months after the seizure; 12
or 13
(ii) if a proceeding for an offence involving the thing is 14
started within the 6 months, at the end of the 15
proceeding and any appeal from the proceeding; or 16
(b) for a thing seized under section 312, if-- 17
(i) the thing ceases to be a biosecurity risk; or 18
(ii) the authorised officer is satisfied the return of the 19
thing is unlikely to result in the recurrence of the 20
biosecurity risk in relation to which it was seized. 21
(3) Despite subsection (2), if the thing was seized as evidence, the 22
authorised officer must return the thing seized to an owner as 23
soon as practicable after the authorised officer is satisfied-- 24
(a) its continued retention as evidence is no longer required; 25
and 26
(b) its continued retention is not necessary to prevent it 27
being used to continue, or repeat, an offence against this 28
Act; and 29
(c) it is lawful for the owner to possess it. 30
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(4) Nothing in this section affects a lien or other security over the 1
seized thing. 2
Subdivision 4 Forfeiture 3
302 Forfeiture by administrator decision 4
(1) The administrator for a relevant entity may decide a seized 5
thing is forfeited to the relevant entity for the seized thing if 6
an authorised officer-- 7
(a) after making reasonable inquiries, can not find an 8
owner; or 9
(b) after making reasonable efforts, can not return it to an 10
owner; or 11
(c) for a thing seized under section 312-- 12
(i) reasonably considers that, because of the thing's 13
inherent nature or condition, the return of the thing 14
is likely to result in a recurrence of the biosecurity 15
risk in relation to which the thing was seized; or 16
(ii) at the end of 6 months, reasonably believes that the 17
return of the thing is likely to result in a recurrence 18
of the biosecurity risk in relation to which the thing 19
was seized; or 20
(d) reasonably believes it is necessary to keep the thing to 21
prevent it being used to commit the offence for which it 22
was seized. 23
(2) However, the authorised officer is not required to-- 24
(a) make inquiries if it would be unreasonable to make 25
inquiries to find an owner; or 26
(b) make efforts if it would be unreasonable to make efforts 27
to return the thing to an owner. 28
Example for paragraph (b)-- 29
the owner of the thing has migrated to another country 30
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(3) Regard must be had to the thing's condition, nature and value 1
in deciding-- 2
(a) whether it is reasonable to make inquiries or efforts; and 3
(b) if inquiries or efforts are made--what inquiries or 4
efforts, including the period over which they are made, 5
are reasonable. 6
(4) The administrator for a relevant entity is-- 7
(a) if the relevant entity is the State--the chief executive; or 8
(b) if the relevant entity is a local government--the chief 9
executive officer of the local government. 10
(5) The relevant entity for a seized thing is-- 11
(a) if the thing was seized by an authorised officer 12
appointed by the chief executive--the State; or 13
(b) if the thing was seized by an authorised officer 14
appointed by the chief executive officer of a local 15
government--the local government; or 16
(c) if the thing was seized by an authorised officer 17
appointed by 2 or more chief executive officers--the 18
local government for whom the authorised officer was 19
performing his or her functions at the time the thing was 20
seized. 21
303 Forfeiture by chief executive decision 22
The chief executive may decide a seized thing is forfeited to 23
the State if-- 24
(a) all of the following apply-- 25
(i) an inspector believes a seized thing can be changed 26
to make it comply with this Act; 27
Example of a seized thing-- 28
a bag of seed for sowing containing weed seeds that can be 29
separated and removed from the seed 30
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(ii) the inspector requires an owner of the thing to do 1
what is reasonable within a stated reasonable time 2
to make it comply; 3
(iii) the owner does not comply with the requirement; 4
or 5
(b) an inspector believes, on reasonable grounds-- 6
(i) a seized thing can not be changed to make it 7
comply with this Act; and 8
Example of a seized thing-- 9
a bag of seed for sowing containing weed seeds that can 10
not be separated and removed from the seed 11
(ii) it is necessary to retain it to prevent its use in 12
committing an offence against this Act. 13
304 Information notice for forfeiture decision 14
(1) This section applies if-- 15
(a) the administrator for the relevant entity decides under 16
section 302(1) to forfeit a thing; or 17
(b) the chief executive decides under section 303 to forfeit a 18
thing. 19
(2) The administrator or chief executive must as soon as 20
practicable give a person who owned the thing immediately 21
before the forfeiture (the former owner) an information notice 22
for the decision. 23
(3) If the seized thing is forfeited under section 302(1)(a) or (b), 24
the information notice may be given by leaving it at the place 25
where the thing was seized, in a conspicuous position and in a 26
reasonably secure way. 27
(4) The information notice must state that the former owner may 28
apply for a stay of the decision if he or she appeals against the 29
decision. 30
(5) However, subsections (1) to (3) do not apply if-- 31
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(a) the decision was made under section 302(1)(a) or (b); 1
and 2
(b) the place where the thing was seized is-- 3
(i) a public place; or 4
(ii) a place where the notice is unlikely to be read by 5
the former owner. 6
305 Forfeiture on conviction 7
(1) On the conviction of a person for an offence against this Act, 8
the court may order the forfeiture to the State or a local 9
government of-- 10
(a) anything used to commit the offence; or 11
(b) anything else the subject of the offence. 12
(2) The court may make the order-- 13
(a) whether or not the thing has been seized; and 14
(b) if the thing has been seized--whether or not the thing 15
has been returned to the former owner of the thing. 16
(3) The court may make any order to enforce the forfeiture it 17
considers appropriate. 18
(4) This section does not limit the court's powers under another 19
law. 20
306 Procedure and powers for making forfeiture order 21
(1) A forfeiture order may be made on a conviction on the court's 22
initiative or on an application by the prosecution. 23
(2) In deciding whether to make a forfeiture order for a thing, the 24
court-- 25
(a) may require notice to be given to anyone the court 26
considers appropriate, including, for example, any 27
person who may have any property in the thing; and 28
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(b) must hear any submissions that any person claiming to 1
have any property in the thing may wish to make. 2
Subdivision 5 Dealing with property forfeited or 3
transferred to relevant entity or the 4
State 5
307 When thing becomes property of relevant entity 6
A thing becomes the property of the relevant entity for the 7
thing if the thing is forfeited to the relevant entity under 8
section 302(1). 9
308 When thing becomes property of the State or local 10
government 11
(1) A thing becomes the property of the State if-- 12
(a) the chief executive decides the thing is forfeited to the 13
State under section 303; or 14
(b) the thing is forfeited to the State under section 305; or 15
(c) the owner of the thing and the State agree, in writing, to 16
the transfer of the ownership of the thing to the State. 17
(2) A thing becomes the property of a local government if the 18
thing is forfeited to the local government under section 305. 19
Note-- 20
A thing may also become the property of the State or a local government 21
under section 307. 22
309 How property may be dealt with 23
(1) This section applies if-- 24
(a) under section 307, a thing becomes the property of the 25
relevant entity for the thing; or 26
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(b) under section 308, a thing becomes the property of the 1
State or a local government. 2
(2) The administrator for the relevant entity, the chief executive 3
or the chief executive officer (each the administering 4
executive) may deal with the thing as the administering 5
executive considers appropriate, including, for example, by 6
destroying it or giving it away. 7
(3) The administering executive must not deal with the thing in a 8
way that could prejudice the outcome of an appeal against the 9
forfeiture under this Act. 10
(4) If the administering executive sells the thing, the 11
administering executive may, after deducting the costs of the 12
sale, return the proceeds of the sale to the former owner of the 13
thing. 14
(5) This section is subject to any disposal order made for the 15
thing. 16
310 Power of destruction 17
An authorised officer may destroy a thing seized under this 18
division if-- 19
(a) the thing consists wholly or partly of contaminated or 20
decomposed matter; or 21
(b) the authorised officer reasonably believes the thing 22
poses an immediate biosecurity risk. 23
Division 5 Disposal orders 24
311 Disposal order 25
(1) This section applies if a person is convicted of an offence 26
against this Act. 27
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Part 4 Other authorised officers' powers and related matters
[s 312]
(2) The court may make an order (a disposal order), on its own 1
initiative or on an application by the prosecution, for the 2
disposal of any of the following things owned by the person-- 3
(a) anything that was the subject of, or used to commit, the 4
offence; 5
(b) another thing the court considers is likely to be used by 6
the person or another person in committing a further 7
offence against this Act. 8
(3) The court may make a disposal order for a thing-- 9
(a) whether or not it has been seized under this Act; and 10
(b) if the thing has been seized--whether or not it has been 11
returned to the former owner. 12
(4) In deciding whether to make a disposal order for a thing, the 13
court-- 14
(a) may require notice to be given to anyone the court 15
considers appropriate, including, for example, any 16
person who may have any property in the thing; and 17
(b) must hear any submissions that any person claiming to 18
have any property in the thing may wish to make. 19
(5) The court may make any order to enforce the disposal order 20
that it considers appropriate. 21
(6) This section does not limit the court's powers under another 22
law. 23
Division 6 Power to remove or reduce 24
biosecurity risk under a warrant 25
312 Power to remove or reduce biosecurity risk after entering 26
place 27
(1) This section applies if-- 28
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[s 313]
(a) an authorised officer enters a place after obtaining a 1
warrant; and 2
(b) the warrant authorises the authorised officer to exercise 3
powers in relation to a biosecurity risk. 4
(2) The authorised officer may take the steps necessary in the 5
circumstances to remove or reduce the biosecurity risk stated 6
in the warrant, or to prevent the biosecurity risk from 7
recurring, including seizing a thing. 8
Division 7 Other information-obtaining powers 9
of authorised officers 10
313 Power to require name and address 11
(1) This section applies if an authorised officer-- 12
(a) finds a person committing an offence against this Act; or 13
(b) finds a person in circumstances that lead the authorised 14
officer to reasonably suspect the person-- 15
(i) has just committed an offence against this Act; or 16
(ii) is responsible for a biosecurity risk; or 17
(c) has information that leads the authorised officer to 18
reasonably suspect a person-- 19
(i) has just committed an offence against this Act; or 20
(ii) is responsible for a biosecurity risk. 21
(2) The authorised officer may require the person to state the 22
person's name and residential address. 23
(3) The authorised officer may also require the person to give 24
evidence of the correctness of the stated name or address if, in 25
the circumstances, it would be reasonable to expect the person 26
to-- 27
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Chapter 9 Inspectors and authorised persons
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[s 314]
(a) be in possession of evidence of the correctness of the 1
stated name or address; or 2
(b) otherwise be able to give the evidence. 3
(4) When making a personal details requirement, the authorised 4
officer must give the person an offence warning for the 5
requirement. 6
(5) A requirement under this section is a personal details 7
requirement. 8
314 Offence to contravene personal details requirement 9
(1) A person of whom a personal details requirement is made 10
must comply with the requirement unless the person has a 11
reasonable excuse. 12
Maximum penalty--50 penalty units. 13
(2) A person may not be convicted of an offence under subsection 14
(1) unless the person is found guilty of the offence, or the 15
court decides the person is responsible for the biosecurity risk, 16
in relation to which the personal details requirement was 17
made. 18
315 Power to require production of documents 19
(1) An authorised officer may require a person to make available 20
for inspection by an authorised officer, or produce to the 21
authorised officer for inspection, at a reasonable time and 22
place nominated by the authorised officer-- 23
(a) a document issued to the person under this Act; or 24
(b) a document required to be kept by the person under this 25
Act; or 26
(c) if a document or information required to be kept by the 27
person under this Act is stored or recorded by means of 28
a device--a document that is a clear written 29
reproduction of the stored or recorded document or 30
information. 31
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[s 316]
(2) A requirement under subsection (1) is a document production 1
requirement. 2
(3) For an electronic document, compliance with the document 3
production requirement requires the making available or 4
production of a clear written reproduction of the electronic 5
document. 6
(4) The authorised officer may keep the document to copy it. 7
(5) If the authorised officer copies the document, or an entry in 8
the document, the authorised officer may require the person 9
responsible for keeping the document to certify the copy as a 10
true copy of the document or entry. 11
(6) A requirement under subsection (5) is a document 12
certification requirement. 13
(7) The authorised officer must return the document to the person 14
as soon as practicable after copying it. 15
(8) However, if a document certification requirement is made of a 16
person, the authorised officer may keep the document until 17
the person complies with the requirement. 18
316 Offence to contravene document production requirement 19
(1) A person of whom a document production requirement is 20
made must comply with the requirement unless the person has 21
a reasonable excuse. 22
Maximum penalty--50 penalty units. 23
(2) It is not a reasonable excuse for a person to fail to comply 24
with a document production requirement on the basis that 25
complying with the requirement might tend to incriminate the 26
person or expose the person to a penalty. 27
Note-- 28
See, however, section 326. 29
(3) The authorised officer must inform the person, in a way that is 30
reasonable in the circumstances-- 31
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[s 317]
(a) that the person must comply with the document 1
production requirement even though complying might 2
tend to incriminate the person or expose the person to a 3
penalty; and 4
(b) that, under section 326, there is a limited immunity 5
against the future use of the information or document 6
given in compliance with the requirement. 7
(4) If the person fails to comply with the document production 8
requirement when the authorised officer has failed to comply 9
with subsection (3), the person can not be convicted of the 10
offence against subsection (1). 11
(5) If a court convicts a person of an offence against subsection 12
(1), the court may, as well as imposing a penalty for the 13
offence, order the person to comply with the document 14
production requirement. 15
317 Offence to contravene document certification 16
requirement 17
(1) A person of whom a document certification requirement has 18
been made must comply with the requirement unless the 19
person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
(2) It is not a reasonable excuse for a person to fail to comply 22
with a document certification requirement on the basis that 23
complying with the requirement might tend to incriminate the 24
person or expose the person to a penalty. 25
Note-- 26
See, however, section 326. 27
(3) The authorised officer must inform the person, in a way that is 28
reasonable in the circumstances-- 29
(a) that the person must comply with the document 30
certification requirement even though complying might 31
tend to incriminate the person or expose the person to a 32
penalty; and 33
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Chapter 9 Inspectors and authorised persons
Part 4 Other authorised officers' powers and related matters
[s 318]
(b) that, under section 326, there is a limited immunity 1
against the future use of the information or document 2
given in compliance with the requirement. 3
(4) If the person fails to comply with the document certification 4
requirement when the authorised officer has failed to comply 5
with subsection (3), the person can not be convicted of the 6
offence against subsection (1). 7
318 Power to require information 8
(1) This section applies if an authorised officer reasonably 9
believes-- 10
(a) an offence against this Act has been committed; and 11
(b) a person may be able to give information about the 12
offence. 13
(2) The authorised officer may, by notice given to the person, 14
require the person to give the authorised officer information 15
about the offence at a stated reasonable time and place. 16
(3) A requirement under subsection (2) is an information 17
requirement. 18
(4) For information that is an electronic document, compliance 19
with the information requirement requires the giving of a clear 20
image or written version of the electronic document. 21
(5) In this section-- 22
information includes a document. 23
319 Offence to contravene information requirement 24
(1) A person of whom an information requirement is made must 25
comply with the requirement unless the person has a 26
reasonable excuse. 27
Maximum penalty--50 penalty units. 28
(2) It is a reasonable excuse for an individual not to give the 29
information if giving the information might tend to 30
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Chapter 9 Inspectors and authorised persons
Part 5 Miscellaneous provisions relating to authorised officers
[s 320]
incriminate the individual or expose the individual to a 1
penalty. 2
Part 5 Miscellaneous provisions 3
relating to authorised officers 4
Division 1 Damage 5
320 Duty to avoid inconvenience and minimise damage 6
In exercising a power, an authorised officer must take all 7
reasonable steps to cause as little inconvenience, and do as 8
little damage, as possible. 9
Note-- 10
See also section 322. 11
321 Notice of damage 12
(1) This section applies if-- 13
(a) an authorised officer damages something when 14
exercising, or purporting to exercise a power under this 15
Act, other than chapter 10; or 16
(b) a person (the assistant) acting under the direction or 17
authority of an authorised officer damages something. 18
(2) However, this section does not apply to damage the authorised 19
officer reasonably considers is trivial or if the authorised 20
officer reasonably believes-- 21
(a) there is no-one apparently in possession of the thing; or 22
(b) the thing has been abandoned. 23
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Chapter 9 Inspectors and authorised persons
Part 5 Miscellaneous provisions relating to authorised officers
[s 322]
(3) The authorised officer must give notice of the damage to the 1
person who appears to the authorised officer to be an owner, 2
or person in control, of the thing. 3
(4) However, if for any reason it is not practicable to comply with 4
subsection (3), the authorised officer must-- 5
(a) leave the notice at the place where the damage 6
happened; and 7
(b) ensure it is left in a conspicuous position and in a 8
reasonably secure way. 9
(5) The authorised officer may delay complying with subsection 10
(3) or (4) if the authorised officer reasonably suspects 11
complying with the subsection may frustrate or otherwise 12
hinder the performance of the authorised officer's functions. 13
(6) The delay may be only for so long as the authorised officer 14
continues to have the reasonable suspicion and remains in the 15
vicinity of the place. 16
(7) If the authorised officer believes the damage was caused by a 17
latent defect in the thing or other circumstances beyond the 18
control of the authorised officer or the assistant, the authorised 19
officer may state the belief in the notice. 20
(8) The notice must state-- 21
(a) particulars of the damage; and 22
(b) that the person who suffered the damage may claim 23
compensation under section 322. 24
Division 2 Compensation 25
322 Compensation 26
(1) A person may claim compensation from the following if the 27
person incurs loss because of the exercise, or purported 28
exercise, of a power by an authorised officer including a loss 29
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Part 5 Miscellaneous provisions relating to authorised officers
[s 322]
arising from compliance with a requirement made of the 1
person under this Act, other than chapter 10-- 2
(a) if the authorised officer was appointed by the chief 3
executive--the State; 4
(b) if the authorised officer was appointed by the chief 5
executive officer of a local government--the local 6
government; 7
(c) if the authorised officer was appointed by 2 or more 8
chief executive officers--the local government for 9
whom the authorised officer was exercising the power. 10
(2) However, subsection (1)(a) applies only to loss arising from 11
an accidental, negligent or unlawful act or omission. 12
(3) Also, subsection (1) does not include loss arising from a 13
lawful seizure or a lawful forfeiture. 14
(4) The compensation may be claimed and ordered in a 15
proceeding-- 16
(a) brought in a court with jurisdiction for the recovery of 17
the amount of compensation claimed; or 18
(b) for an alleged offence against this Act the investigation 19
of which gave rise to the claim for compensation. 20
(5) A court may order the payment of compensation only if it is 21
satisfied it is just to make the order in the circumstances of the 22
particular case. 23
(6) In considering whether it is just to order compensation, the 24
court must have regard to any relevant biosecurity offence 25
committed by the claimant. 26
(7) A regulation may prescribe other matters that may, or must, be 27
taken into account by the court when considering whether it is 28
just to order compensation. 29
(8) Section 320 does not provide for a statutory right of 30
compensation other than is provided by this section. 31
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Part 5 Miscellaneous provisions relating to authorised officers
[s 323]
(9) In this section-- 1
exercise, of a power, by an authorised officer includes-- 2
(a) the exercise of a power for the authorised officer; and 3
(b) the purported exercise of a power by or for the 4
authorised officer. 5
loss includes costs and damage. 6
Division 3 Other offences relating to 7
authorised officers 8
323 Giving authorised officer false or misleading information 9
(1) A person must not, in relation to the administration of this 10
Act, give an authorised officer or an accredited certifier 11
information, or a document containing information, that the 12
person knows is false or misleading in a material particular. 13
Maximum penalty--200 penalty units. 14
(2) Subsection (1) applies to information or a document given in 15
relation to the administration of this Act whether or not the 16
information or document was given in response to a specific 17
power under this Act. 18
324 Obstructing authorised officer 19
(1) A person must not obstruct an authorised officer, or someone 20
helping an authorised officer, exercising a power under this 21
Act unless the person has a reasonable excuse. 22
Maximum penalty--100 penalty units. 23
(2) If a person has obstructed an authorised officer, or someone 24
helping an authorised officer, and the authorised officer 25
decides to proceed with the exercise of the power, the 26
authorised officer must warn the person that-- 27
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Chapter 9 Inspectors and authorised persons
Part 5 Miscellaneous provisions relating to authorised officers
[s 325]
(a) it is an offence to cause an obstruction unless the person 1
has a reasonable excuse; and 2
(b) the authorised officer considers the person's conduct an 3
obstruction. 4
325 Impersonating authorised officer or accredited certifier 5
A person must not impersonate an authorised officer or an 6
accredited certifier. 7
Maximum penalty--100 penalty units. 8
Division 4 Other provisions 9
326 Evidential immunity for individuals complying with 10
particular requirements 11
(1) Subsection (2) applies if an individual gives or produces 12
information or a document to an authorised officer under 13
section 289, 315 or 318. 14
(2) Evidence of the information or document, and other evidence 15
directly or indirectly derived from the information or 16
document, is not admissible against the individual in any 17
proceeding to the extent it tends to incriminate the individual, 18
or expose the individual to a penalty, in the proceeding. 19
(3) Subsection (2) does not apply to a proceeding about the false 20
or misleading nature of the information or anything in the 21
document or in which the false or misleading nature of the 22
information or document is relevant evidence. 23
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Chapter 10 Compensation for loss or damage from biosecurity response
Part 1 Introduction
[s 327]
Chapter 10 Compensation for loss or 1
damage from biosecurity 2
response 3
Part 1 Introduction 4
327 What is a biosecurity response 5
(1) A biosecurity response is any lawful action taken-- 6
(a) by the chief executive or an authorised officer, including 7
a person acting under the authority of the chief executive 8
or an authorised officer, if the action is authorised to be 9
taken under this Act; or 10
Example of biosecurity response by an inspector for paragraph 11
(a)-- 12
an inspector demolishing an outbuilding at a place within a 13
biosecurity emergency area 14
(b) by another person as directed or otherwise required by 15
the chief executive or an authorised officer, including by 16
a person acting under the authority of the chief executive 17
or an authorised officer, if the direction or requirement 18
is authorised to be given or made under this Act. 19
Example of biosecurity response for paragraph (b)-- 20
the owner of an animal acting under the direction of an inspector 21
to destroy the animal at a place within a biosecurity emergency 22
area 23
(2) A biosecurity response does not include-- 24
(a) any action taken under chapter 12 (Biosecurity orders and 25
injunctions),
including, for example, action taken under a 26
biosecurity order, or under an order of a magistrate or an 27
injunction, under that chapter; or 28
(b) anything that happens by accident or as a result of 29
negligence. 30
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Part 1 Introduction
[s 328]
(3) In this section-- 1
authorised officer does not include an authorised person 2
whose appointment under this Act as an authorised person is 3
by the chief executive officer of a local government. 4
328 What is loss or damage arising out of a biosecurity 5
response 6
In this chapter, a reference to loss or damage arising out of a 7
biosecurity response is a reference to loss or damage only if-- 8
(a) it is lawfully caused under this Act; and 9
(b) the causing of the loss or damage constitutes all or part 10
of a biosecurity response. 11
Note-- 12
If loss or damage happens in the course of a biosecurity response but is 13
not lawfully caused under this Act, for example because it involves a 14
negligent act, compensation may nevertheless be available under the 15
investigation and enforcement provisions or under the general law. 16
329 What is property 17
(1) In this chapter, a reference to property, in the context of loss 18
of it or damage to it, is a reference to something that is 19
capable of being in the ownership of a person and is capable 20
of being physically destroyed or physically damaged. 21
(2) Without limiting subsection (1), property may include any 22
animal or plant. 23
330 What is notional value or notional reduction in value of 24
property 25
(1) The notional value of property that is the subject of loss is the 26
amount that would have been received for the property if, at 27
the place where it was destroyed, it had been sold under a 28
lawful direction immediately before it was destroyed. 29
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Part 1 Introduction
[s 331]
(2) The notional reduction in value of property that is the subject 1
of damage is the difference between the following amounts-- 2
(a) the amount that would have been received for the 3
property if, at the place where it was damaged, it had 4
been sold under a lawful direction immediately before it 5
was damaged; 6
(b) the amount that would have been received for the 7
property if, at the place where it was damaged, it had 8
been sold under a lawful direction immediately after it 9
was damaged. 10
(3) For this chapter, property is taken to be the subject of damage 11
rather than loss if, despite its being destroyed, what remains of 12
it still has some commercial value. 13
(4) In this section-- 14
sold under a lawful direction, in relation to property, means 15
sold at the highest price reasonably obtainable, but under the 16
lawful direction of a person who is required to agree to, and to 17
complete, the sale of the property without delay and without 18
reference to whether the owner of the property would be a 19
willing seller at the price obtained. 20
331 What is a compensation scheme and what is scheme 21
compensation 22
(1) A compensation scheme is a government and industry 23
agreement that includes provision for the payment of 24
compensation for loss or damage arising out of a biosecurity 25
response. 26
Example of agreement-- 27
The Emergency Plant Pest Response Deed is a formal agreement 28
between Plant Health Australia, the Commonwealth, all the States and 29
territories and particular plant industry bodies establishing, on a basis of 30
cost sharing, a scheme for the management and funding of responses to 31
emergency plant pest incidents, and includes provision for 32
compensation in the form of reimbursement costs for growers who 33
suffer loss or damage as contemplated in the agreement. 34
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Chapter 10 Compensation for loss or damage from biosecurity response
Part 2 Scheme compensation
[s 332]
(2) Compensation provided for under a compensation scheme 1
(scheme compensation) may be, but need not be, limited to 2
compensation for loss of or damage to property. 3
332 Sources of compensation available under this chapter 4
(1) This chapter deals with the provision of 2 different types of 5
compensation for loss or damage arising out of biosecurity 6
responses. 7
(2) Firstly, scheme compensation may be payable for loss or 8
damage. 9
(3) Secondly, compensation for loss of or damage to property 10
may be payable by the State in the absence of scheme 11
compensation being payable for the loss or damage. 12
Part 2 Scheme compensation 13
333 Operation of scheme compensation 14
(1) This section applies if-- 15
(a) a person suffers loss or damage arising out of a 16
biosecurity response; and 17
(b) a compensation scheme provides for compensation for 18
the loss or damage; and 19
(c) the person has, in compliance with the scheme, applied 20
to the chief executive for compensation for the loss or 21
damage. 22
(2) The chief executive must take all reasonable steps, to the 23
extent of the State's obligations under the scheme, to ensure 24
that the person receives compensation for the loss or damage 25
in accordance with the person's entitlement to compensation 26
under the scheme. 27
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Part 3 Statutory compensation
[s 334]
Part 3 Statutory compensation 1
334 Operation of statutory compensation 2
(1) Subject to this chapter, a person who suffers loss of or damage 3
to property arising out of a biosecurity response is entitled to 4
compensation (statutory compensation) for the loss or 5
damage to the extent provided for in this chapter. 6
Examples of loss of or damage to property-- 7
· the destruction of a person's animal by an inspector during a 8
biosecurity emergency 9
· the partial demolition of a person's outbuilding by an inspector 10
during a biosecurity emergency 11
(2) To receive the statutory compensation, the person must apply 12
to the chief executive for the compensation under this chapter. 13
335 How scheme compensation affects entitlement to 14
statutory compensation 15
(1) Statutory compensation is not payable to a person for loss of 16
or damage to property suffered by the person if a 17
compensation scheme provides for compensation for the 18
person's loss or damage. 19
(2) Subsection (1) applies even if, in the person's particular 20
circumstances, scheme compensation is not actually payable 21
to the person because the person has failed to comply with a 22
requirement of the compensation scheme relating to eligibility 23
for payment. 24
Example for subsection (2)-- 25
During a biosecurity emergency involving a virus outbreak, an infected 26
crop is destroyed by an inspector. A compensation scheme provides for 27
reimbursement of a crop's owner for the crop loss in circumstances of 28
the loss. However, the scheme requires that, to be eligible to be paid 29
compensation under the scheme, the crop owner must make an annual 30
payment, in the nature of a premium, to a fund established under the 31
scheme. The crop owner has not made an annual payment by the due 32
date for its payment. Because of that, the person is ineligible for 33
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Chapter 10 Compensation for loss or damage from biosecurity response
Part 3 Statutory compensation
[s 336]
payment under the compensation scheme and, because of the existence 1
of the scheme, is not entitled to statutory compensation under this 2
chapter. 3
336 Other limitations applying to entitlement to statutory 4
compensation 5
(1) Statutory compensation is not payable to a person who suffers 6
loss of or damage to property arising out of a biosecurity 7
response-- 8
(a) to the extent that the conduct of the person contributed 9
to the loss or damage; or 10
(b) if the loss or damage would have happened in any event 11
regardless of the happening of the biosecurity response; 12
or 13
(c) if the biosecurity response was directed at addressing 14
the risk posed by the existence of biosecurity matter and 15
the property was infested or infected with the 16
biosecurity matter when the loss or damage happened; 17
or 18
(d) if the biosecurity response was directed at addressing 19
the risk posed by the existence of biosecurity matter that 20
is a contaminant and the contaminant was present in the 21
property in an amount more than the maximum 22
acceptable level prescribed under a regulation for the 23
property when the loss or damage happened; or 24
(e) if the biosecurity response was directed at addressing 25
the risk posed by the existence of biosecurity matter and 26
when the loss or damage happened, the property was 27
likely to have become infested or infected with the 28
biosecurity matter; or 29
(f) if-- 30
(i) the biosecurity response was directed at addressing 31
the risk posed by the existence of biosecurity 32
matter; and 33
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Part 3 Statutory compensation
[s 336]
(ii) before the loss or damage happened, the property 1
became infested or infected with the biosecurity 2
matter; and 3
(iii) the property was no longer infested or infected 4
when the loss or damage happened, whether or not 5
this was known at the time of the loss or damage; 6
or 7
Example of damage in the context of paragraph (f)-- 8
damage caused to an animal by the taking of a sample to find out 9
whether an infection is still present 10
(g) if-- 11
(i) the biosecurity response was directed at addressing 12
the risk posed by the existence of biosecurity 13
matter; and 14
(ii) the biosecurity response was necessary because of 15
an act or omission of the owner of the property or 16
of a person acting under the owner's express or 17
implied authority; and 18
(iii) the act or omission caused or contributed to, or was 19
likely to cause or contribute to, the spread of the 20
biosecurity matter; or 21
(h) if-- 22
(i) the biosecurity response was directed at addressing 23
the risk posed by the existence of biosecurity 24
matter; and 25
(ii) the biosecurity response was necessary because of 26
an act or omission of the owner of the property or 27
of a person acting under the owner's express or 28
implied authority; and 29
(iii) the owner of the property is found guilty of an 30
offence under this Act constituted completely or 31
partly by the act or omission; or 32
(i) to the extent that the loss or damage is recovered or 33
recoverable by the person under a policy of insurance. 34
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Chapter 10 Compensation for loss or damage from biosecurity response
Part 3 Statutory compensation
[s 337]
(2) For subsection (1)(e), the chief executive may decide on and 1
publish on the department's website a methodology for 2
calculating whether property was likely to become infested or 3
infected. 4
337 No compensation for consequential loss 5
(1) Statutory compensation for the loss of property is limited to 6
an amount equal to the notional value of the property. 7
(2) Statutory compensation for damage to property is limited to 8
an amount equal to the notional reduction in value of the 9
property. 10
(3) In particular, compensation for loss of or damage to property 11
does not include compensation for loss flowing as a direct or 12
indirect consequence of the loss or damage. 13
(4) Without limiting subsection (3), compensation for loss of or 14
damage to property does not include compensation for any of 15
the following-- 16
(a) any loss of anticipated or actual revenue or profits; 17
(b) loss of use of equipment; 18
(c) business interruption, or a failure to realise anticipated 19
savings; 20
(d) loss of data; 21
(e) downtime costs or wasted overheads; 22
(f) loss of goodwill or business opportunity; 23
(g) loss or damage suffered because of a breach of contract. 24
(5) Also, compensation for loss of or damage to property does not 25
include compensation in the form of, or that is in the nature of 26
or is analogous to, any of the following-- 27
(a) reimbursement of additional expenses incurred; 28
(b) punitive or exemplary damages; 29
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Part 4 Claiming statutory compensation
[s 338]
(c) special damages, or damages for indirect loss or damage 1
of any nature whatsoever. 2
Part 4 Claiming statutory 3
compensation 4
338 Application for statutory compensation 5
(1) If a person suffers loss or damage and the person is entitled to 6
statutory compensation for the loss or damage, the person 7
may apply to the chief executive for the statutory 8
compensation. 9
(2) The application must be made in the approved form. 10
(3) The application must be received by the chief executive within 11
90 days after the date the loss or damage happens. 12
339 Further information may be required 13
(1) The chief executive may ask the applicant for further 14
information reasonably required by the chief executive to 15
assess an application for statutory compensation. 16
(2) The applicant must give the chief executive the information 17
asked for within the reasonable period the chief executive 18
requires. 19
340 Day for making and advising of decision 20
(1) The chief executive must give an applicant for statutory 21
compensation the chief executive's decision on the 22
application-- 23
(a) if the applicant and the chief executive agree on a day by 24
which the chief executive will give the applicant the 25
chief executive's decision--by the day agreed; or 26
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(b) if paragraph (a) does not apply, but the chief executive 1
asks the applicant for further information to decide the 2
application--within 60 days after the chief executive 3
receives the further information; or 4
(c) if neither paragraph (a) nor paragraph (b) 5
applies--within 60 days after the chief executive 6
receives the application. 7
(2) Despite subsection (1), the chief executive may, by notice 8
given to the applicant, extend the period for making and 9
advising a decision on the application by a further 60 days if 10
the chief executive considers that the extension is justified 11
because of the complexity of matters required to be 12
considered in reaching the decision. 13
(3) When the chief executive makes a decision on the application, 14
it must be given to the applicant in the form of an information 15
notice. 16
(4) If the decision is that the applicant is entitled to be paid 17
compensation, the information notice must include the 18
amount decided. 19
(5) If the chief executive fails to give the applicant notice of the 20
decision by the day required under subsection (1) or (2)-- 21
(a) the chief executive is taken to have decided that the 22
applicant is not entitled to any statutory compensation 23
for the loss or damage the subject of the application; and 24
(b) the applicant is entitled to receive an information notice 25
for the decision under paragraph (a). 26
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Part 1 Evidence
[s 341]
Chapter 11 Evidence, legal 1
proceedings and reviews 2
Part 1 Evidence 3
341 Application of pt 1 4
This part applies to a proceeding under this Act. 5
342 Appointments and authority 6
The following must be presumed unless a party to the 7
proceeding, by reasonable notice, requires proof of it-- 8
(a) the chief executive's appointment; 9
(b) a chief executive officer's appointment; 10
(c) an authorised officer's appointment; 11
(d) an auditor's appointment; 12
(e) an accredited certifier's accreditation; 13
(f) the authority of any of the chief executive, a local 14
government, a chief executive officer, an authorised 15
officer, an auditor or an accredited certifier to do 16
anything under this Act. 17
343 Signatures 18
A signature purporting to be the signature of the chief 19
executive, a chief executive officer, an authorised officer or an 20
accredited certifier is evidence of the signature it purports to 21
be. 22
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[s 344]
344 Evidentiary aids 1
(1) A certificate purporting to be signed by the chief executive, or 2
a chief executive officer, stating any of the following matters 3
is evidence of the matter-- 4
(a) a stated document is 1 of the following things made, 5
given, issued or kept under this Act-- 6
(i) an appointment, approval or decision; 7
(ii) a notice, direction or requirement; 8
(iii) a permit; 9
(iv) a record or an extract from a record; 10
(v) a code of practice; 11
(b) a stated document is another document kept under this 12
Act; 13
(c) a stated document is a copy of, or an extract for a part of, 14
a thing mentioned in paragraph (a) or (b); 15
(d) on a stated day, or during a stated period, a stated person 16
was or was not the holder of a permit; 17
(e) on a stated day, or during a stated period, a permit-- 18
(i) was or was not in force; or 19
(ii) was or was not subject to a stated condition; 20
(f) on a stated day a permit was suspended for a stated 21
period, surrendered or cancelled; 22
(g) on a stated day, or during a stated period, a stated 23
appointment, including a person's appointment as an 24
authorised officer, was or was not in force for a stated 25
person or thing; 26
(h) on a stated day-- 27
(i) a stated person was given a stated notice or 28
direction under this Act; or 29
(ii) a stated requirement under this Act was made of a 30
stated person; or 31
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[s 345]
(iii) a stated amount is payable under this Act by a stated 1
person. 2
(2) In a complaint starting a proceeding, a statement that the 3
matter came to the complainant's knowledge on a stated day is 4
evidence of when the matter came to the complainant's 5
knowledge. 6
(3) In a proceeding in which the State or a local government 7
applies under section 347 to recover costs incurred by the 8
State or local government, a certificate by the chief executive 9
for the State or the chief executive officer of the local 10
government stating that stated costs were incurred and the 11
way in which, and purpose for which, they were incurred is 12
evidence of the matters stated. 13
(4) In this section-- 14
permit means-- 15
(a) a prohibited matter permit; or 16
(b) a restricted matter permit. 17
Part 2 Legal proceedings 18
345 Offences under this Act 19
(1) An offence against this Act that has a penalty of more than 2 20
years imprisonment is an indictable offence that is a 21
misdemeanour. 22
(2) Any other offence against this Act is a summary offence. 23
(3) A proceeding for an indictable offence may be taken, at the 24
prosecution's election-- 25
(a) by way of summary proceedings under the Justices Act 26
1886; or 27
(b) on indictment. 28
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(4) A magistrate must not hear an indictable offence summarily 1
if-- 2
(a) at the start of the hearing, the defendant asks that the 3
charge be prosecuted on indictment; or 4
(b) the magistrate considers that the charge should be 5
prosecuted on indictment. 6
(5) If subsection (4) applies-- 7
(a) the magistrate must proceed by way of an examination 8
of witnesses for an indictable offence; and 9
(b) a plea of the person charged at the start of the 10
proceeding must be disregarded; and 11
(c) evidence brought in the proceeding before the 12
magistrate decided to act under subsection (4) is taken to 13
be evidence in the proceeding for the committal of the 14
person for trial or sentence; and 15
(d) before committing the person for trial or sentence, the 16
magistrate must make a statement to the person as 17
required by the Justices Act 1886, section 104(2)(b). 18
(6) The maximum term of imprisonment that may be summarily 19
imposed for an indictable offence is 2 years imprisonment. 20
(7) A proceeding must be before a magistrate if it is a 21
proceeding-- 22
(a) for the summary conviction of a person on a charge for 23
an indictable offence; or 24
(b) for an examination of witnesses for a charge for an 25
indictable offence. 26
(8) However, if a proceeding for an indictable offence is brought 27
before a justice who is not a magistrate, jurisdiction is limited 28
to taking or making a procedural action or order within the 29
meaning of the Justices of the Peace and Commissioners for 30
Declarations Act 1991. 31
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[s 346]
(9) Proceedings for an offence against this Act that are to be 1
heard in a summary way under the Justices Act 1886 must 2
start within-- 3
(a) 1 year after the commission of the offence; or 4
(b) 1 year after the commission of the offence comes to the 5
complainant's knowledge, but within 2 years after the 6
commission of the offence. 7
346 Allegations of false or misleading information or 8
document 9
In any proceeding for an offence against this Act defined as 10
involving false or misleading information, or a false or 11
misleading document, it is enough for a charge to state that 12
the information or document was `false or misleading' to the 13
person's knowledge, without specifying which. 14
347 Recovery of costs of investigation 15
(1) This section applies if-- 16
(a) a court convicts a person of an offence against this Act; 17
and 18
(b) the State or a local government applies to the court for 19
an order against the person for the payment of the costs 20
the State or the local government has incurred in taking 21
a thing or doing something else during the investigation 22
of the offence; and 23
(c) the court finds the State or local government has 24
reasonably incurred the costs. 25
(2) The court may order the person to pay the State or local 26
government an amount equal to the costs if it is satisfied it 27
would be just to make the order in the circumstances of the 28
particular case. 29
(3) This section does not limit the court's powers under the 30
Penalties and Sentences Act 1992 or another law. 31
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(4) An application to a court under this section, and any order 1
made by the court on the application, is a judgment in the 2
court's civil jurisdiction. 3
(5) Any issue is to be decided on the balance of probabilities. 4
348 Responsibility for acts or omissions of representative 5
(1) This section applies in a proceeding for an offence against this 6
Act. 7
(2) If it is relevant to prove a person's state of mind about a 8
particular act or omission, it is enough to show-- 9
(a) the act was done or omitted to be done by a 10
representative of the person within the scope of the 11
representative's actual or apparent authority; and 12
(b) the representative had the state of mind. 13
(3) An act done or omitted to be done for a person by a 14
representative of the person within the scope of the 15
representative's actual or apparent authority is taken to have 16
been done or omitted to be done also by the person, unless the 17
person proves the person could not, by the exercise of 18
reasonable diligence, have prevented the act or omission. 19
(4) In this section-- 20
representative means-- 21
(a) for a corporation--an executive officer, employee or 22
agent of the corporation; or 23
(b) for an individual--an employee or agent of the 24
individual. 25
state of mind of a person includes-- 26
(a) the person's knowledge, intention, opinion, belief or 27
purpose; and 28
(b) the person's reasons for the intention, opinion, belief or 29
purpose. 30
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[s 349]
349 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure the 3
corporation complies with each prescribed provision of this 4
Act. 5
(2) If a corporation commits an offence against a prescribed 6
provision of this Act, each of the corporation's executive 7
officers also commits an offence, namely, the offence of 8
failing to ensure the corporation complies with the prescribed 9
provision. 10
Maximum penalty--the penalty for the contravention of the 11
prescribed provision by an individual. 12
(3) Evidence that the corporation has been convicted of an 13
offence against a prescribed provision of this Act is evidence 14
that each of the executive officers committed the offence of 15
failing to ensure the corporation complies with the prescribed 16
provision. 17
(4) However, it is a defence for an executive officer to prove-- 18
(a) if the officer was in a position to influence the conduct 19
of the corporation in relation to the offence, the officer 20
exercised reasonable diligence to ensure the corporation 21
complied with the prescribed provision; or 22
(b) the officer was not in a position to influence the conduct 23
of the corporation in relation to the offence. 24
(5) In this section-- 25
prescribed provision, of this Act, means any of the following 26
provisions-- 27
(a) section 23; 28
(b) chapter 2, part 3, division 2; 29
(c) section 102; 30
(d) section 108(1); 31
(e) section 112; 32
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[s 350]
(f) section 119(1); 1
(g) section 175; 2
(h) section 180; 3
(i) section 183; 4
(j) section 194. 5
350 Fines payable to local government 6
(1) This section applies if-- 7
(a) a proceeding for an offence about a matter is taken by a 8
local government; and 9
(b) a court imposes a fine for the offence. 10
(2) The fine must be paid to the local government. 11
Part 3 Reviews 12
Division 1 Internal reviews 13
351 Internal review process 14
Every external review of a decision to which an information 15
notice relates must be in the first instance by way of an 16
application for internal review. 17
352 Who may apply for internal review 18
The following persons may apply to the issuing authority for 19
an information notice for an internal review of the decision 20
(an internal review application) to which it relates-- 21
(a) a person who has been given, or is entitled to be given, 22
the information notice for the decision; 23
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[s 353]
(b) for a decision to seize or forfeit a thing--a person in 1
control of the thing. 2
353 Requirements for making application 3
(1) An internal review application must be-- 4
(a) in the approved form; and 5
(b) supported by enough information to enable the issuing 6
authority to decide the application; and 7
(c) made within 14 days after the applicant is given the 8
information notice for the decision the subject of the 9
application. 10
(2) However, the issuing authority may, at any time, extend the 11
time for making an internal review application. 12
354 Stay of operation of original decision 13
(1) An internal review application does not stay the decision the 14
subject of the application (the original decision). 15
(2) However, the applicant may immediately apply for a stay of 16
the original decision to the relevant body. 17
(3) The relevant body may stay the original decision to secure the 18
effectiveness of the internal review and a later appeal to the 19
court or external review by QCAT. 20
(4) The stay-- 21
(a) may be given on conditions the relevant body considers 22
appropriate; and 23
(b) operates for the period fixed by the relevant body; and 24
(c) may be amended or revoked by the relevant body. 25
(5) The period of the stay must not extend past the time when the 26
chief executive makes an internal review decision about the 27
original decision and any later period the relevant body allows 28
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[s 355]
the applicant to enable the applicant to appeal against, or 1
apply for an external review of, the internal review decision. 2
(6) An internal review application affects the original decision, or 3
carrying out of the decision, only if the decision is stayed. 4
(7) In this section-- 5
relevant body means-- 6
(a) for an original decision to seize or forfeit a thing--the 7
court; or 8
(b) for another original decision--QCAT. 9
355 Internal review 10
(1) The issuing authority must, within 20 days after receiving an 11
internal review application made under section 353-- 12
(a) conduct an internal review of the original decision; and 13
(b) make a decision (the internal review decision) to-- 14
(i) confirm the original decision; or 15
(ii) amend the original decision; or 16
(iii) substitute another decision for the original 17
decision. 18
(2) The application must not be dealt with by-- 19
(a) the person who made the original decision; or 20
(b) a person in a less senior office than the person who 21
made the original decision. 22
(3) Subsection (2)-- 23
(a) applies despite the Acts Interpretation Act 1954, section 24
27A; and 25
(b) does not apply to an original decision made by the chief 26
executive or a chief executive officer personally. 27
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[s 356]
(4) If the internal review decision confirms the original decision, 1
for the purpose of an appeal or external review, the original 2
decision is taken to be the internal review decision. 3
(5) If the internal review decision amends the original decision, 4
for the purpose of an appeal or external review, the original 5
decision as amended is taken to be the internal review 6
decision. 7
356 Notice of internal review decision 8
(1) The issuing authority must, within 10 days after making an 9
internal review decision, give the applicant notice of the 10
decision. 11
(2) If the internal review decision is not the decision sought by the 12
applicant, the notice must-- 13
(a) for an original decision to seize or forfeit a thing--state 14
the following-- 15
(i) the day the notice is given to the applicant (the 16
review notice day); 17
(ii) the reasons for the decision; 18
(iii) that the applicant may, within 28 days after the 19
notice is given, appeal against the decision to the 20
court; 21
(iv) how to appeal; 22
(v) that the applicant may apply to the court for a stay 23
of the decision; or 24
(b) for another decision--be accompanied by a QCAT 25
information notice for the decision. 26
(3) If the issuing authority does not give the notice within the 10 27
days, the issuing authority is taken to have made an internal 28
review decision confirming the original decision. 29
(4) In this section-- 30
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[s 357]
QCAT information notice means a notice complying with the 1
QCAT Act, section 157(2). 2
Division 2 External reviews by QCAT 3
357 Who may apply for external review 4
A person given, or entitled to be given, a QCAT information 5
notice under section 356 for an internal review decision may 6
apply, as provided under the QCAT Act, to QCAT for an 7
external review of the decision. 8
Note-- 9
The QCAT Act, section 22(3) provides that QCAT may stay the 10
operation of the internal review decision, either on application by a 11
person or on its own initiative. 12
Division 3 Appeals 13
358 Who may appeal 14
A person who has applied for an internal review of an original 15
decision to seize or forfeit a thing and is dissatisfied with the 16
internal review decision may appeal to the court against the 17
decision. 18
359 Procedure for an appeal to the court 19
(1) An appeal is started by filing notice of appeal with the clerk of 20
the court. 21
(2) A copy of the notice must be served on the issuing authority. 22
(3) The notice of appeal must be filed within 28 days after the 23
appellant receives notice of the internal review decision 24
appealed against. 25
(4) However, the court may, at any time, extend the time for 26
filing the notice of appeal. 27
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[s 360]
(5) The notice of appeal must state fully the grounds of the 1
appeal. 2
360 Stay of operation of internal review decision 3
(1) The court may grant a stay of the operation of an internal 4
review decision appealed against to secure the effectiveness of 5
the appeal. 6
(2) A stay-- 7
(a) may be granted on conditions the court considers 8
appropriate; and 9
(b) operates for the period fixed by the court; and 10
(c) may be amended or revoked by the court. 11
(3) The period of a stay stated by the court must not extend past 12
the time when the court decides the appeal. 13
(4) An appeal against a decision affects the decision, or the 14
carrying out of the decision, only if the decision is stayed. 15
361 Powers of court on appeal 16
(1) In deciding an appeal, the court-- 17
(a) has the same powers as the issuing authority in making 18
the internal review decision appealed against; and 19
(b) is not bound by the rules of evidence; and 20
(c) must comply with natural justice. 21
(2) An appeal is by way of rehearing. 22
(3) The court may-- 23
(a) confirm the internal review decision; or 24
(b) set aside the internal review decision and substitute 25
another decision; or 26
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[s 362]
(c) set aside the internal review decision and return the 1
matter to the issuing authority with directions the court 2
considers appropriate. 3
362 Effect of decision of court on appeal 4
(1) If the court acts to set aside the internal review decision and 5
return the matter to the issuing authority with directions the 6
court considers appropriate, and the issuing authority makes a 7
new decision, the new decision is not subject to review or 8
appeal under this part. 9
(2) If the court substitutes another decision, the substituted 10
decision is taken to be the decision of the issuing authority, 11
and the issuing authority may give effect to the decision as if 12
the decision were the original decision of the issuing authority 13
and no application for review or appeal had been made. 14
Chapter 12 Biosecurity orders and 15
injunctions 16
Part 1 Biosecurity orders 17
Division 1 General matters about biosecurity 18
orders 19
363 Giving biosecurity order 20
(1) If an authorised officer reasonably believes that a person has 21
failed, or may fail, to discharge the person's general 22
biosecurity obligation at a place, the authorised officer may 23
give the person (the recipient) an order (a biosecurity order). 24
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(2) The authorised officer may give the person the biosecurity 1
order regardless of the circumstances in which the authorised 2
officer forms the belief. 3
Example-- 4
Under a biosecurity emergency order, an authorised officer enters a 5
place in the biosecurity emergency area for the order. The biosecurity 6
matter the subject of the order is Mexican feather grass. The authorised 7
officer notices that there is an invasive animal that is prohibited matter at 8
the place. The authorised officer may give the occupier of the place a 9
biosecurity order for the invasive animal. 10
(3) A biosecurity order must be directed at ensuring the recipient 11
discharges his or her general biosecurity obligation at the 12
place, and may in particular be directed at ensuring the 13
recipient discharges the general biosecurity obligation for 14
particular biosecurity matter. 15
(4) The biosecurity order may state that an authorised officer 16
proposes, at a stated time or at stated intervals, to enter any of 17
the following where biosecurity matter or a carrier, the subject 18
of the order, is kept to check compliance with the order-- 19
(a) the place; 20
(b) a vehicle of which the recipient is the person in control; 21
(c) another place of which the recipient is the occupier. 22
Note-- 23
See section 263 for the procedure for entry to check compliance with a 24
biosecurity order. 25
(5) The biosecurity order may state how the recipient may show 26
that the stated action has been taken. 27
364 Matters that must be included in biosecurity order 28
(1) A biosecurity order must state each of the following-- 29
(a) the name and address of the recipient, or any other 30
identifying information about the recipient that the 31
authorised officer can reasonably obtain; 32
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(b) if the authorised officer reasonably believes the 1
recipient has failed to discharge the recipient's general 2
biosecurity obligation--the way in which the recipient 3
has failed to discharge the recipient's general 4
biosecurity obligation; 5
(c) the place where the recipient failed, or may fail, to 6
discharge the recipient's general biosecurity obligation; 7
(d) the action the recipient must take at the place to prevent 8
or reduce the biosecurity risk arising from the 9
recipient's failure, or possible failure, to discharge the 10
recipient's general biosecurity obligation; 11
(e) the period within which the action must be taken; 12
(f) the action, if any, the recipient must take to show the 13
recipient is complying with the biosecurity order and the 14
period within which the action must be taken; 15
Example-- 16
photos, taken before, during and after treatment, of land infested 17
with restricted matter 18
(g) the name of the authorised officer; 19
(h) the name, address and contact details of the issuing 20
authority for the biosecurity order; 21
(i) that it is an offence for the recipient not to comply with 22
the order unless the recipient has a reasonable excuse. 23
(2) The period stated under subsection (1)(e) must be reasonable 24
having regard to the biosecurity risk arising from the 25
recipient's failure, or possible failure, to discharge his or her 26
general biosecurity obligation. 27
(3) The biosecurity order must also set out, or state the effect of, 28
sections 255 and 256. 29
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[s 365]
365 What biosecurity order may require 1
Without limiting sections 363 and 364, the biosecurity order 2
may require the recipient to do any of the following at the 3
place-- 4
(a) treat in a stated way, or refrain from treating, a carrier of 5
biosecurity matter to control the biosecurity matter or to 6
lessen the risk of the spread of the biosecurity matter; 7
(b) dispose of biosecurity matter or a carrier in a stated way, 8
including by burning or burying it or by depositing it at 9
a place where waste is deposited or disposed of; 10
(c) destroy, or cause the destruction of, biosecurity matter 11
or a carrier at the place in a stated way; 12
(d) control or eradicate biosecurity matter in a stated way; 13
(e) clean or disinfect the place, or part of the place, a person 14
at the place or anything on the person or a carrier at the 15
place in a stated way; 16
(f) stop using the place or part of the place, for a stated 17
purpose or a stated period, or until stated action is taken; 18
(g) remove biosecurity matter or a carrier from the place to 19
another place and destroy, or cause the destruction of, 20
the biosecurity matter or the carrier at the other place in 21
a stated way; 22
(h) prohibit, or restrict in a stated way, the removal of 23
biosecurity matter or a carrier; 24
(i) remove biosecurity matter or a carrier from the State or 25
part of the State in a stated way. 26
366 Requirements for giving biosecurity order 27
(1) A biosecurity order must be in writing. 28
(2) However, a biosecurity order may be given orally if-- 29
(a) for any reason it is not practicable to immediately give 30
the direction in writing; and 31
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(b) the authorised officer giving the biosecurity order gives 1
the recipient a warning that, without reasonable excuse, 2
it is an offence for the recipient not to comply with the 3
order. 4
(3) If the biosecurity order is given orally, the authorised officer 5
must confirm the direction by also giving it in writing as soon 6
as practicable after giving it orally. 7
367 Compliance with biosecurity order 8
The recipient of a biosecurity order must comply with the 9
order unless the recipient has a reasonable excuse. 10
Maximum penalty--800 penalty units. 11
Note-- 12
If a recipient fails to comply with a biosecurity order, the issuing 13
authority for the order may take action under chapter 9, for example 14
under section 256. Other action may be taken under this Act, for 15
example, under part 2 of this chapter. 16
368 Approval for particular biosecurity order 17
(1) This section applies to a biosecurity order to be given to a 18
person by an authorised person appointed by the chief 19
executive officer of a local government if, in the opinion of the 20
authorised person or chief executive officer, taking the action 21
as mentioned in the biosecurity order, within the period stated 22
in the order, would be likely to stop a business carried on by 23
the person. 24
(2) Before the biosecurity order is given, the order must be 25
approved by the chief executive officer. 26
369 Register of biosecurity orders 27
(1) The administering executive of an authorised officer must 28
keep a register of all biosecurity orders given by the 29
authorised officer. 30
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(2) The register must contain the following particulars for each 1
biosecurity order-- 2
(a) the real property description of the land to which it 3
relates; 4
(b) the local government area in which the land is situated; 5
(c) the day the order was given; 6
(d) information about biosecurity matter or any other thing 7
to which the order relates; 8
(e) the action required to be taken under the order; 9
(f) the period stated in the order for taking the action; 10
(g) other information prescribed under a regulation. 11
(3) The register may be kept in the way the administering 12
executive considers appropriate, including, for example, in an 13
electronic form. 14
(4) A person may, on payment of the fee prescribed under a 15
regulation, inspect the register at a following place when the 16
place is open to the public-- 17
(a) for the register kept by the chief executive--the 18
department's head office; 19
(b) for the register kept by a chief executive officer--the 20
local government's principal place of business. 21
(5) On application by a person and payment of the fee prescribed 22
under a regulation, the person may buy a copy of all or part of 23
the information held in the register. 24
Division 2 Recovery of costs and expenses 25
370 Recovery of costs of taking steps under biosecurity order 26
or action under direction 27
(1) The issuing authority for a biosecurity order may recover the 28
amount that the issuing authority properly and reasonably 29
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[s 371]
incurs in taking the steps under section 256 or the action under 1
section 257 as a debt due to the issuing authority and payable 2
by the person who failed to take the action. 3
(2) The issuing authority must give the person notice of the 4
amount of the debt. 5
(3) For subsection (1), the amount becomes payable 30 days after 6
the issuing authority gives the person notice details of the 7
amount of the debt. 8
(4) If the issuing authority is a local government, the amount 9
payable to the local government is, for the purposes of 10
recovery, taken to be rates owing to the local government. 11
371 Cost under biosecurity order a charge over land 12
(1) This section applies if an amount, including any interest on 13
the amount, (the unpaid amount) is payable to a local 14
government by the recipient under a biosecurity order relating 15
to a failure to discharge a general biosecurity obligation on 16
land owned by the recipient. 17
(2) The unpaid amount is a charge on the land. 18
(3) The local government may register the charge over the land 19
by lodging the following documents with the registrar of 20
titles-- 21
(a) a request to register the charge over the land, in the 22
appropriate form; 23
(b) a certificate signed by the local government's chief 24
executive officer stating there is a charge over the land 25
under this section. 26
(4) After the charge is registered over the land, the charge has 27
priority over all other encumbrances over the land other 28
than-- 29
(a) encumbrances in favour of the State or a government 30
entity; and 31
(b) rates payable to the local government. 32
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[s 372]
(5) If the unpaid amount is paid, the local government must lodge 1
the following documents with the registrar of titles-- 2
(a) a request to release the charge over the land, in the 3
appropriate form; 4
(b) a certificate signed by the local government's chief 5
executive officer stating the unpaid amount has been 6
paid. 7
(6) This section does not limit any other remedy the local 8
government has to recover the unpaid amount. 9
Division 3 Recovery of costs from other 10
persons 11
372 Recipient may apply for contribution 12
(1) This section applies if the recipient of a biosecurity order has 13
complied with the order and considers another person (the 14
third party), whether or not the State, is wholly or partly 15
responsible for the failure to discharge the general biosecurity 16
obligation the subject of the order. 17
(2) The recipient may apply to a court for an order (a cost 18
recovery order) that the third party reimburse the recipient for 19
part or all of the costs of complying with the biosecurity 20
order. 21
(3) The application must-- 22
(a) be sworn; and 23
(b) state the grounds on which the application is made; and 24
(c) state the name of the third party; and 25
(d) state the amount sought from the third party; and 26
(e) be accompanied by a copy of the biosecurity order. 27
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[s 373]
(4) The court may refuse to consider the application until the 1
applicant gives the court all the information the court requires 2
about the application in the way the court requires. 3
Example-- 4
The court may require additional information supporting the application 5
be given by statutory declaration. 6
373 Notice of hearing of cost recovery order must be given 7
(1) The third party to whom the application relates must be given 8
a notice at least 14 days before the day the application is to be 9
heard. 10
(2) The notice-- 11
(a) must be accompanied by a copy of the application; and 12
(b) must state-- 13
(i) the time when and the place where the application 14
is to be heard; and 15
(ii) that the third party may appear at the hearing and 16
be heard on the application; and 17
(iii) that, if the third party does not appear, the 18
application may be decided in the absence of the 19
third party. 20
(3) If the third party appears at the time and place stated in the 21
notice, the third party is entitled to be heard on the 22
application. 23
(4) If the third party does not appear at the time and place stated 24
in the notice, the application may be decided in the absence of 25
the third party. 26
374 When court may make cost recovery order 27
A court may make a cost recovery order against the third party 28
if it is satisfied-- 29
(a) a biosecurity order was given to a person; and 30
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[s 375]
(b) the person has complied with the order and has paid, or 1
is liable to pay, an amount for the cost of complying 2
with the order; and 3
(c) the third party is responsible for part or all of the failure 4
to discharge the general biosecurity obligation the 5
subject of the order; and 6
(d) a copy of the application for the cost recovery order has 7
been given to the third party. 8
Part 2 Injunctions 9
375 Application of pt 2 10
(1) This part applies if-- 11
(a) a person has engaged, is engaging or is proposing to 12
engage in conduct that constitutes or would constitute an 13
offence under chapter 2; and 14
(b) the chief executive or a chief executive officer has 15
reasonable grounds to believe that an injunction under 16
this part is necessary to mitigate any adverse effect on a 17
biosecurity consideration arising from the conduct. 18
(2) In this part, a reference to engaging in conduct may be taken 19
to include a reference to omitting to engage in conduct, if the 20
omission constitutes or would constitute an offence under 21
chapter 2. 22
376 Who may apply for an injunction 23
(1) The chief executive or chief executive officer may apply to the 24
District Court for an injunction in relation to the conduct. 25
(2) However, a chief executive officer may apply for an injunction 26
in relation to the conduct only if the conduct relates to 27
invasive biosecurity matter for the local government's area. 28
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Part 2 Injunctions
[s 377]
377 District Court's powers 1
(1) On considering the application for an injunction, the District 2
Court may grant an injunction-- 3
(a) restraining the person from engaging in the conduct; and 4
(b) if in the court's opinion it is desirable to do so, requiring 5
the person to do anything. 6
(2) The power of the court to grant an injunction restraining a 7
person from engaging in conduct may be exercised-- 8
(a) whether or not it appears to the court that the person 9
intends to engage again, or to continue to engage, in the 10
conduct; and 11
(b) whether or not the person has previously engaged in the 12
conduct. 13
(3) The power of the court to grant an injunction requiring a 14
person to do an act or thing may be exercised-- 15
(a) whether or not it appears to the court that the person 16
intends to fail again, or to continue to fail, to do the act 17
or thing; and 18
(b) whether or not the person has previously failed to do the 19
act or thing. 20
(4) An interim injunction may be granted under this part until the 21
application is finally decided. 22
(5) The District Court may rescind or vary an injunction at any 23
time. 24
(6) The powers conferred on the District Court under this part are 25
in addition to, and do not limit, any other powers of the court. 26
378 Terms of injunction 27
(1) The District Court may grant an injunction in the terms the 28
court considers appropriate. 29
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Part 1 Interpretation
[s 379]
(2) Without limiting subsection (1), an injunction may be granted 1
restraining a person from carrying on a business or carrying 2
out another activity-- 3
(a) for a stated period; or 4
(b) except on stated terms and conditions. 5
(3) Also, the court may grant an injunction requiring a person to 6
take stated action, including action to disclose information or 7
publish advertisements, to remedy any adverse consequences 8
of the person's conduct. 9
379 Undertakings as to damages or costs 10
If the chief executive or a chief executive officer applies for an 11
injunction under this part, no undertaking as to damages or 12
costs may be required to be made. 13
Chapter 13 Accredited certifiers 14
Part 1 Interpretation 15
380 Definitions for ch 13 16
In this chapter-- 17
ICA scheme means the national scheme, based on an 18
intergovernmental agreement, that provides for the 19
operational procedures known generally as Interstate 20
Certification Assurance. 21
ICA system, of an applicant, means the processes, equipment, 22
personnel and resources developed for use by the applicant for 23
complying with the requirements of each operational 24
procedure identified in the application. 25
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[s 381]
relevant accreditation offence means any of the following 1
offences-- 2
(a) an offence against this Act; 3
(b) an offence against a repealed Act; 4
(c) an offence involving the supply or use of a chemical for 5
agricultural purposes, including an offence against a law 6
relating to the supply or use of agricultural chemical 7
products, as defined under the Agvet Code of 8
Queensland applying under the Agricultural and 9
Veterinary Chemicals (Queensland) Act 1994; 10
(d) an offence against a law applying, or that applied, in the 11
Commonwealth, another State or a foreign country if the 12
offence substantially corresponds to an offence 13
mentioned in paragraph (a), (b) or (c). 14
Part 2 Purpose and operation of 15
biosecurity certificates and the 16
accreditation system 17
381 What is a biosecurity certificate 18
A biosecurity certificate is a certificate about whether stated 19
biosecurity matter or another stated thing, including, for 20
example, a carrier of prohibited matter or restricted matter-- 21
(a) is free of any stated prohibited matter or restricted 22
matter; or 23
(b) is free of any stated regulated biosecurity matter; or 24
(c) is, for the purposes of a law that is a corresponding law 25
to this Act, free of any stated biosecurity matter; or 26
(d) is in a stated condition; or 27
(e) is from a stated area; or 28
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[s 382]
(f) has been the subject of a stated treatment; or 1
(g) meets stated requirements, including, for example, that 2
it complies with requirements for certification as stated 3
in an accreditation. 4
382 Purpose and operation of acceptable biosecurity 5
certificates 6
(1) An acceptable biosecurity certificate is intended to provide a 7
convenient basis on which a person may be taken to comply 8
with, or may be exempted from, particular requirements of 9
this Act or of a corresponding law to this Act about prohibited 10
or restricted matter or about biosecurity matter that may pose 11
a risk to a biosecurity consideration. 12
(2) Subsection (3) applies if-- 13
(a) an accredited certifier, in compliance with this Act, 14
gives a biosecurity certificate for biosecurity matter or 15
another stated thing (an acceptable biosecurity 16
certificate); or 17
(b) an interstate officer, in compliance with a corresponding 18
law to this Act, gives a biosecurity certificate, however 19
called, for biosecurity matter or another stated thing, 20
and there is an intergovernmental agreement that 21
provides for recognition in Queensland of the certificate 22
(also an acceptable biosecurity certificate); or 23
(c) an interstate officer, in compliance with a corresponding 24
law to this Act, gives a certificate that is, or is in the 25
nature of, a biosecurity certificate, however called, for 26
biosecurity matter or another stated thing (also an 27
acceptable biosecurity certificate). 28
(3) If the acceptable biosecurity certificate makes a statement 29
about the existence of a fact, an authorised officer may accept 30
and, without further checking, rely and act on the acceptable 31
biosecurity certificate. 32
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Part 2 Purpose and operation of biosecurity certificates and the accreditation system
[s 383]
Example-- 1
An authorised officer's functions include carrying out an inspection of a 2
carrier of biosecurity matter. An acceptable biosecurity certificate has 3
been given for the biosecurity matter stating that the measures stated for 4
preventing or managing exposure to biosecurity risks relating to the 5
biosecurity matter have been carried out. The authorised officer is not 6
required to carry out the inspection of the carrier. 7
(4) In this section-- 8
interstate officer means a person who holds a position, 9
however called, equivalent to an authorised officer in a 10
department of the Commonwealth or of another State that 11
deals with the same matters as this Act or a provision of this 12
Act under a corresponding law to this Act. 13
383 Purpose and operation of accreditation system 14
The purpose of the accreditation system under this chapter is 15
to allow for persons to gain accreditation for the purposes of 16
giving biosecurity certificates under this Act. 17
384 Giving biosecurity certificates 18
(1) An accredited certifier may refuse to give a person a 19
biosecurity certificate if the accredited certifier has not, to the 20
accredited certifier's reasonable satisfaction, done any of the 21
following in relation to anything intended to be the subject of 22
the certificate-- 23
(a) inspect, test or treat the thing; 24
(b) take samples of the thing; 25
(c) supervise the treatment or grading of the thing; 26
(d) examine materials or equipment used to treat or grade 27
the thing; 28
(e) do anything else the accredited certifier reasonably 29
considers necessary or beneficial for the purposes of 30
giving the biosecurity certificate. 31
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Part 3 Accreditation of inspector or authorised person
[s 385]
(2) A biosecurity certificate may be given under this Act 1
personally by an accredited certifier or, if accreditation 2
conditions permit, by another person acting under the 3
direction of the accredited certifier. 4
(3) Subject to accreditation conditions and to this Act, an 5
accredited certifier may give a biosecurity certificate in 6
relation to the person's own biosecurity matter or other thing 7
or another person's biosecurity matter or other thing. 8
Part 3 Accreditation of inspector or 9
authorised person 10
385 Application of part limited to authorised officers 11
appointed by chief executive 12
(1) This part applies to an inspector only if the inspector was 13
appointed by the chief executive under chapter 9, part 1, 14
division 1. 15
(2) This part applies to an authorised person only if the authorised 16
person was appointed by the chief executive under chapter 9, 17
part 1, division 2. 18
386 Accreditation of inspectors 19
An inspector is an accredited certifier subject to any 20
conditions, including limitations-- 21
(a) included in the inspector's instrument of appointment as 22
an inspector; or 23
(b) as advised to the inspector from time to time by the 24
chief executive. 25
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Part 4 Accreditation by application
[s 387]
387 Accreditation of authorised persons appointed by chief 1
executive 2
(1) A person appointed as an authorised person by the chief 3
executive is an accredited certifier if-- 4
(a) the authorised person's accreditation is provided for in 5
the authorised person's instrument of appointment or in 6
any advice given to the authorised person by the chief 7
executive at any time after appointment; and 8
(b) the chief executive has not withdrawn the accreditation 9
by advice given to the authorised person. 10
(2) The authorised person's accreditation is subject to any 11
conditions, including limitations-- 12
(a) included in the authorised person's instrument of 13
appointment as an authorised person; or 14
(b) as advised to the authorised person from time to time by 15
the chief executive. 16
388 Fees 17
A regulation may provide for the fees payable for the giving 18
of a biosecurity certificate by an authorised officer who is also 19
an accredited certifier. 20
Part 4 Accreditation by application 21
389 Application for accreditation 22
(1) A person may apply to the chief executive for the grant of an 23
accreditation. 24
(2) An application for accreditation must-- 25
(a) be made in the approved form; and 26
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Part 4 Accreditation by application
[s 390]
(b) be accompanied by the fee prescribed under a 1
regulation. 2
(3) If the applicant or, if the applicant is a corporation or an 3
incorporated association, if an executive officer of the 4
corporation or a member of the association's management 5
committee has a conviction for a relevant accreditation 6
offence, other than a spent conviction, the application must 7
include details of the offence and the circumstances of its 8
commission. 9
(4) Subsection (3) does not limit the information that may be 10
required under the approved form. 11
(5) A person who applies to the chief executive for a grant of an 12
accreditation must not, in making the application, give the 13
chief executive information that the person knows or ought 14
reasonably to know is false or misleading in a material 15
particular. 16
Maximum penalty--200 penalty units. 17
390 Additional application requirements for ICA scheme 18
If the grant of accreditation is for the purposes of the 19
applicant's participation in the ICA scheme, the application 20
must-- 21
(a) identify the operational procedures provided for under 22
the scheme and that are directly relevant to the proposed 23
grant of accreditation; and 24
(b) include details of the applicant's ICA system relevant to 25
each operational procedure; and 26
(c) identify the biosecurity matter to be covered by the 27
accreditation; and 28
(d) if relevant to the accreditation, identify the chemicals to 29
be covered by the accreditation and include evidence 30
that the applicant is suitably authorised to deal with the 31
chemicals. 32
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Part 4 Accreditation by application
[s 391]
391 Consideration of application 1
The chief executive must consider the application and decide 2
to-- 3
(a) grant the accreditation applied for or another 4
accreditation; or 5
(b) grant the accreditation on conditions; or 6
(c) refuse to grant the accreditation. 7
392 Criteria for granting accreditation 8
(1) The chief executive may grant accreditation only if satisfied 9
the applicant-- 10
(a) has the necessary expertise or experience to perform the 11
functions of an accredited certifier; and 12
(b) is a suitable person to be an accredited certifier. 13
(2) Subsections (3) and (4) apply if the grant of accreditation is 14
for the purposes of the applicant's participation in the ICA 15
scheme. 16
(3) The chief executive must ensure that an audit is conducted of 17
each of the applicant's ICA systems, or proposed ICA 18
systems, relevant to the application, and must have regard to 19
the results of the audit in deciding whether to grant 20
accreditation. 21
(4) Without limiting subsection (3), the chief executive must have 22
regard to whether each ICA system or proposed ICA system 23
satisfies the requirements of any operational procedure to 24
which the system is directed. 25
393 Inquiry about application 26
(1) Before deciding the application, the chief executive-- 27
(a) may make inquiries to decide the suitability of the 28
applicant to be an accredited certifier; and 29
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Part 4 Accreditation by application
[s 394]
(b) may, by notice given to the applicant, require the 1
applicant to give the chief executive within the 2
reasonable period of at least 30 days stated in the notice, 3
further information or a document the chief executive 4
reasonably requires to decide the application. 5
(2) The applicant is taken to have withdrawn the application if, 6
within the stated period, the applicant does not comply with a 7
requirement under subsection (1)(b). 8
(3) A notice under subsection (1)(b) must be given to the 9
applicant within 30 days after the chief executive receives the 10
application. 11
(4) The information or document under subsection (1)(b) must, if 12
the notice requires, be verified by statutory declaration. 13
394 Suitability of person for accreditation 14
In deciding whether the applicant is a suitable person for 15
accreditation, the chief executive may have regard to the 16
following-- 17
(a) whether the applicant has been refused an accreditation 18
under this Act or a similar accreditation under a 19
repealed Act or a corresponding law to this Act; 20
(b) whether the applicant held an accreditation under this 21
Act or a similar accreditation under a repealed Act or a 22
corresponding law to this Act, that was suspended or 23
cancelled; 24
(c) whether the applicant or, if the applicant is a corporation 25
or an incorporated association, whether an executive 26
officer of the corporation or a member of the 27
association's management committee has a conviction 28
for a relevant accreditation offence, other than a spent 29
conviction; 30
(d) any other matter the chief executive considers relevant 31
to the person's ability to perform the functions of an 32
accredited certifier. 33
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Chapter 13 Accredited certifiers
Part 4 Accreditation by application
[s 395]
395 Decision on application 1
(1) If the chief executive decides to grant the accreditation, the 2
chief executive must give the accreditation to the applicant. 3
(2) If the chief executive decides to refuse to grant the 4
accreditation, or to impose conditions on the accreditation 5
under section 400(1), the chief executive must as soon as 6
practicable give the applicant an information notice for the 7
decision. 8
396 Failure to decide application 9
(1) Subject to subsections (2) and (3), if the chief executive fails 10
to decide the application within 30 days after its receipt, the 11
failure is taken to be a decision by the chief executive to 12
refuse to grant the application. 13
(2) Subsection (3) applies if-- 14
(a) a person has made an application for an accreditation; 15
and 16
(b) the chief executive has, under section 393(1)(b), 17
required the applicant to give the chief executive further 18
information or a document. 19
(3) The chief executive is taken to have refused to grant the 20
accreditation if the chief executive does not decide the 21
application within 30 days after the chief executive receives 22
the further information or document. 23
(4) If the application is taken to be refused under this section, the 24
applicant is entitled to be given an information notice by the 25
chief executive for the decision. 26
397 Term of accreditation 27
Unless sooner cancelled or suspended, an accreditation 28
remains in force for the period, of not more than 3 years, 29
decided by the chief executive and stated in the accreditation. 30
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Part 4 Accreditation by application
[s 398]
398 Form of accreditation 1
An accreditation may be given in a way the chief executive 2
considers appropriate. 3
Example-- 4
The chief executive may give an accreditation in the form of a 5
certificate, or an agreement or arrangement with the accredited certifier. 6
399 Limitation on further application after refusal or 7
cancellation of accreditation 8
(1) If the chief executive refuses to grant accreditation to an 9
applicant under this chapter, the applicant may not apply 10
again for accreditation within the 6 months immediately 11
following the decision to refuse. 12
(2) If the chief executive cancels an accreditation under chapter 13
15, the holder of the accreditation may not apply again for 14
accreditation within the 6 months immediately following the 15
decision to cancel the accreditation. 16
400 Accreditation conditions 17
(1) The chief executive may grant an accreditation on conditions 18
(accreditation conditions). 19
(2) A condition may provide for any of the following-- 20
(a) the particular type of biosecurity certificate the 21
accredited certifier may give; 22
(b) conditions on which a biosecurity certificate may be 23
given; 24
(c) other restrictions on the use of the accreditation; 25
(d) security for the performance of the conditions by the 26
accredited certifier and the enforcement of the security, 27
even if there is a penalty or liability under this Act; 28
(e) payment to the chief executive by the accredited certifier 29
of the reasonable costs stated in the conditions for 30
ensuring that the conditions are complied with; 31
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Part 4 Accreditation by application
[s 401]
(f) records required to be kept by the accredited certifier; 1
(g) auditing of the accredited certifier's activities as an 2
accredited certifier; 3
(h) providing information to the chief executive as and 4
when required by the chief executive; 5
(i) another matter prescribed under a regulation. 6
(3) Subsection (2) does not limit conditions that may be imposed 7
by the chief executive. 8
(4) The chief executive may impose conditions when the 9
accreditation is issued or renewed. 10
(5) In this section-- 11
security includes mortgage, bond, insurance and surety. 12
401 Register 13
(1) The chief executive must keep a register of accredited 14
certifiers. 15
(2) The register must contain the following particulars for each 16
accredited certifier-- 17
(a) the accredited certifier's name and contact details; 18
(b) the accreditation conditions imposed on the accredited 19
certifier's accreditation; 20
(c) the term of the accreditation. 21
(3) The register may be kept in the form, including electronic 22
form, the chief executive considers appropriate. 23
(4) The chief executive must publish the register on the 24
department's website. 25
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Chapter 13 Accredited certifiers
Part 5 Renewal of accreditations
[s 402]
Part 5 Renewal of accreditations 1
402 Application for renewal 2
(1) An accredited certifier may apply to the chief executive for 3
renewal of the person's accreditation. 4
(2) The application must-- 5
(a) be made within 60 days before the term of the 6
accreditation ends; and 7
(b) be made in the approved form; and 8
(c) be accompanied by the fee prescribed under a 9
regulation. 10
(3) The chief executive must consider the application and decide 11
to renew, or refuse to renew, the accreditation. 12
(4) In deciding the application, the chief executive may have 13
regard to the matters to which the chief executive may have 14
regard in deciding whether an applicant for an accreditation is 15
a suitable person to be an accredited certifier. 16
(5) If the chief executive decides to refuse to renew the 17
accreditation, or to impose conditions on the accreditation, the 18
chief executive must as soon as practicable give the applicant 19
an information notice for the decision. 20
(6) An accreditation may be renewed by issuing another 21
accreditation to replace it. 22
403 Inquiry about application 23
(1) Before deciding an application under this part for renewal of a 24
person's accreditation, the chief executive may, by notice 25
given to the applicant, require the applicant to give the chief 26
executive, within the reasonable period of at least 30 days 27
stated in the notice, further information or a document the 28
chief executive reasonably requires to decide the application. 29
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Chapter 13 Accredited certifiers
Part 5 Renewal of accreditations
[s 404]
(2) The applicant is taken to have withdrawn the application if, 1
within the stated period, the applicant does not comply with 2
the requirement. 3
(3) A notice under subsection (1) must be given to the applicant 4
within 30 days after the chief executive receives the 5
application. 6
(4) The information or document under subsection (1) must, if the 7
notice requires, be verified by statutory declaration. 8
404 Failure to decide application 9
(1) Subject to subsections (2) and (3), if the chief executive fails 10
to decide the application within 30 days after its receipt, the 11
failure is taken to be a decision by the chief executive to 12
refuse to grant the application. 13
(2) Subsection (3) applies if-- 14
(a) a person has made an application for renewal of the 15
person's accreditation; and 16
(b) the chief executive has, under section 403(1), required 17
the applicant to give the chief executive further 18
information or a document. 19
(3) The chief executive is taken to have refused to grant the 20
application if the chief executive does not decide the 21
application within 30 days after the chief executive receives 22
the further information or document. 23
(4) If the application is taken to be refused under this section, the 24
applicant is entitled to be given an information notice by the 25
chief executive for the decision. 26
405 Accreditation continues pending decision about renewal 27
(1) If an accredited certifier applies for renewal of an 28
accreditation under this part, the accreditation is taken to 29
continue in force from the day it would, apart from this 30
section, have ended until the application is decided or, under 31
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Chapter 13 Accredited certifiers
Part 6 Offences about accreditation
[s 406]
this part, taken to have been decided or is taken to have been 1
withdrawn. 2
(2) However, if the chief executive decides to refuse to renew the 3
accreditation, or is taken to refuse to renew the accreditation, 4
the accreditation continues in force until the information 5
notice for the decision is given to the applicant. 6
(3) Subsection (1) does not apply if the accreditation is earlier 7
suspended or cancelled. 8
Part 6 Offences about accreditation 9
406 Contravention of accreditation conditions 10
An accredited certifier must not contravene an accreditation 11
condition unless the accredited certifier has a reasonable 12
excuse. 13
Maximum penalty--200 penalty units. 14
407 Offences about certification 15
(1) A person who is not an accredited certifier, or a person who is 16
acting other than under the direction of an accredited certifier, 17
must not give for biosecurity matter or another thing anything 18
that purports to be a biosecurity certificate. 19
Maximum penalty--1000 penalty units. 20
(2) A person must not make a statement or other representation 21
about biosecurity matter or another thing that is likely to cause 22
someone reasonably to believe that an acceptable biosecurity 23
certificate has been given for the biosecurity matter or thing, 24
if-- 25
(a) an acceptable biosecurity certificate has not been given 26
for the biosecurity matter or thing; and 27
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(b) the representation is made-- 1
(i) for the sale or movement of the biosecurity matter 2
or thing; or 3
(ii) to an authorised officer. 4
Maximum penalty--1000 penalty units. 5
408 Unauthorised alteration of biosecurity certificate 6
A person (the relevant person) must not alter, or allow 7
another person to alter, a biosecurity certificate unless-- 8
(a) the alteration is made under the written authorisation of 9
the accredited certifier who gave the certificate; or 10
(b) all of the following apply-- 11
(i) the biosecurity certificate relates to the 12
consignment of animals or other biosecurity matter 13
from 1 place to another; 14
(ii) the alteration is for the purposes of the splitting of 15
the consignment into 2 or more separate 16
consignments; 17
(iii) the relevant person is the holder of an accreditation 18
that allows for the relevant person to split 19
consignments of the type the subject of the 20
biosecurity certificate. 21
Maximum penalty--200 penalty units. 22
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Part 7 Keeping of accreditation related records
[s 409]
Part 7 Keeping of accreditation 1
related records 2
409 Keeping of biosecurity certificate by accredited certifier 3
or receiver 4
(1) An accredited certifier who creates a biosecurity certificate for 5
use by the accredited certifier or another person must keep the 6
original or a true copy of the certificate, together with a record 7
of the details of the use of the certificate as prescribed under a 8
regulation, for the required period for the certificate. 9
Maximum penalty--200 penalty units. 10
(2) During the required period for a biosecurity certificate, the 11
accredited certifier who created the certificate must, if asked 12
by an authorised officer or a relevant auditor to produce the 13
certificate for inspection, produce the certificate for the 14
authorised officer's or relevant auditor's inspection, unless the 15
accredited certifier has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(3) Subsections (4) and (5) apply to a person (the receiver) who 18
receives an acceptable biosecurity certificate for use by the 19
receiver. 20
(4) The receiver must, during the required period for the 21
certificate, keep the certificate under the receiver's control. 22
Maximum penalty--200 penalty units. 23
(5) During the required period for the certificate, the receiver 24
must, if asked by an authorised officer to produce the 25
certificate for inspection, produce the certificate for the 26
authorised officer's inspection, unless the receiver has a 27
reasonable excuse. 28
Maximum penalty--100 penalty units. 29
(6) In this section-- 30
relevant auditor, in relation to the production of a biosecurity 31
certificate, means an auditor who is conducting an audit that is 32
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[s 410]
authorised under this Act and to which the certificate is 1
relevant. 2
required period, for a certificate mentioned in this section, 3
means-- 4
(a) if the certificate is created for the purposes of its use in 5
the ICA scheme--the period of 1 year starting when the 6
certificate is created; or 7
(b) otherwise--the period of 5 years starting when the 8
certificate is created. 9
Chapter 14 Auditors and auditing 10
Part 1 Auditors 11
Division 1 Functions and approval of auditors 12
Subdivision 1 Functions 13
410 Auditor's functions 14
The functions of an auditor are as follows-- 15
(a) to advise the chief executive about the capacity of 16
persons applying to enter into compliance agreements to 17
comply with the agreements; 18
(b) to conduct audits of the businesses of the other parties to 19
compliance agreements; 20
(c) to conduct audits of applicants' ICA systems, or 21
proposed ICA systems, relevant to applications for 22
grants of accreditation under chapter 13; 23
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(d) to conduct audits of accredited certifiers' activities as 1
accredited certifiers; 2
(e) to prepare, under sections 439 to 442, reports of audits 3
conducted by the auditor; 4
(f) to give the chief executive information requested by the 5
chief executive about audits conducted by the auditor; 6
(g) any other function prescribed under a regulation about 7
auditing in relation to compliance agreements or 8
accreditation. 9
Subdivision 2 Approval of inspector or authorised 10
person as auditor 11
411 Application of subdivision limited to authorised officers 12
appointed by chief executive 13
(1) This subdivision applies to an inspector only if the inspector 14
was appointed by the chief executive under chapter 9, part 1, 15
division 1. 16
(2) This subdivision applies to an authorised person only if the 17
authorised person was appointed by the chief executive under 18
chapter 9, part 1, division 2. 19
412 Approval of inspectors as auditors 20
An inspector is an auditor subject to any conditions, including 21
limitations-- 22
(a) included in the inspector's instrument of appointment as 23
an inspector; or 24
(b) as advised to the inspector from time to time by the 25
chief executive. 26
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413 Approval of authorised persons as auditors 1
(1) An authorised person is an auditor if-- 2
(a) the authorised person's approval as an auditor is 3
provided for in the authorised person's instrument of 4
appointment or in any advice given to the authorised 5
person by the chief executive at any time after 6
appointment; and 7
(b) the chief executive has not withdrawn the approval by 8
advice given to the authorised person. 9
(2) An authorised person's approval as an auditor is subject to any 10
conditions, including limitations-- 11
(a) included in the authorised person's instrument of 12
appointment as an authorised person; or 13
(b) as advised to the authorised person from time to time by 14
the chief executive. 15
Subdivision 3 Approval as auditor by application 16
414 Application for approval as auditor 17
(1) An individual may apply to the chief executive for an approval 18
as an auditor. 19
(2) The application must comply with section 428. 20
415 Consideration of application 21
The chief executive must consider the application and decide 22
to grant, or refuse to grant, the application. 23
416 Criteria for granting application 24
The chief executive may grant the application only if satisfied 25
the applicant-- 26
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[s 417]
(a) has the necessary expertise or experience to perform the 1
functions of an auditor; and 2
(b) is a suitable person to be an auditor. 3
417 Inquiry about application 4
(1) Before deciding the application, the chief executive-- 5
(a) may make inquiries to decide the suitability of the 6
applicant to be an auditor; and 7
(b) may, by notice given to the applicant, require the 8
applicant to give the chief executive within the 9
reasonable period of at least 30 days stated in the notice, 10
further information or a document the chief executive 11
reasonably requires to decide the application. 12
(2) The applicant is taken to have withdrawn the application if, 13
within the stated period, the applicant does not comply with a 14
requirement under subsection (1)(b). 15
(3) A notice under subsection (1)(b) must be given to the 16
applicant within 30 days after the chief executive receives the 17
application. 18
(4) The information or document under subsection (1)(b) must, if 19
the notice requires, be verified by statutory declaration. 20
418 Suitability of person to be an auditor 21
In deciding whether the applicant is a suitable person to be an 22
auditor, the chief executive may have regard to-- 23
(a) whether the applicant has been refused an approval or 24
other authority as an auditor under this Act or a 25
corresponding law; or 26
(b) whether the applicant held an approval or other 27
authority as an auditor under this Act or a corresponding 28
law that was suspended or cancelled; or 29
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(c) another matter the chief executive considers relevant to 1
the person's ability to perform the functions of an 2
auditor. 3
419 Decision on application 4
(1) If the chief executive decides to grant the application, the 5
chief executive must issue the approval to the applicant. 6
(2) If the chief executive decides to refuse to grant the 7
application, or to impose conditions on the approval under 8
section 422(1)(b), the chief executive must as soon as 9
practicable give the applicant an information notice for the 10
decision. 11
420 Failure to decide application 12
(1) Subject to subsections (2) and (3), if the chief executive fails 13
to decide the application within 30 days after its receipt, the 14
failure is taken to be a decision by the chief executive to 15
refuse to grant the application. 16
(2) Subsection (3) applies if-- 17
(a) a person has made an application for an approval; and 18
(b) the chief executive has, under section 417(1)(b), 19
required the applicant to give the chief executive further 20
information or a document. 21
(3) The chief executive is taken to have refused to grant the 22
application if the chief executive does not decide the 23
application within 30 days after the chief executive receives 24
the further information or document. 25
(4) If the application is taken to be refused under this section, the 26
applicant is entitled to be given an information notice by the 27
chief executive for the decision. 28
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[s 421]
Division 2 Term and conditions of approval 1
421 Term of approval 2
An approval remains in force, unless sooner cancelled or 3
suspended, for the term of not more than 3 years decided by 4
the chief executive and stated in the approval. 5
422 Conditions of approval 6
(1) An auditor's approval is subject to the following conditions-- 7
(a) the auditor must give the chief executive notice of any 8
direct or indirect financial or other interest the auditor 9
has in the following that could conflict with the proper 10
performance of the auditor's functions-- 11
(i) the business of the other party to a compliance 12
agreement; 13
(ii) the business of an accredited certifier who 14
participates in the ICA scheme; 15
(b) other reasonable conditions the chief executive 16
considers appropriate for the proper conduct of an audit 17
and that are stated in the approval or of which the 18
auditor is notified under subsection (3). 19
(2) A notice under subsection (1)(a) must be given to the chief 20
executive immediately after the auditor becomes aware of the 21
interest. 22
(3) A condition may be imposed under subsection (1)(b)-- 23
(a) when the approval is issued or renewed; or 24
(b) at another time if the chief executive considers it 25
necessary to impose the condition to ensure an audit 26
under this Act is conducted appropriately. 27
(4) If the chief executive decides to impose conditions on the 28
approval under subsection (3)(b), the chief executive must as 29
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[s 423]
soon as practicable give the auditor an information notice for 1
the decision. 2
423 Auditor to comply with conditions of approval 3
(1) An auditor must not contravene a condition of the auditor's 4
approval unless the auditor has a reasonable excuse. 5
Maximum penalty--100 penalty units. 6
(2) The penalty under subsection (1) may be imposed whether or 7
not the approval is suspended or cancelled because of the 8
contravention. 9
Division 3 Renewal of approvals 10
424 Application for renewal 11
(1) An auditor may apply to the chief executive for renewal of the 12
auditor's approval. 13
(2) The application must-- 14
(a) be made within 60 days before the term of the approval 15
ends; and 16
(b) comply with section 428. 17
(3) The chief executive must consider the application and decide 18
to renew, or refuse to renew, the approval. 19
(4) In deciding the application, the chief executive may have 20
regard to the matters to which the chief executive may have 21
regard in deciding whether an applicant for an approval is a 22
suitable person to be an auditor. 23
(5) If the chief executive decides to refuse to renew the approval, 24
or to impose conditions on the approval under section 25
422(1)(b), the chief executive must as soon as practicable give 26
the auditor an information notice for the decision. 27
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[s 425]
(6) An approval may be renewed by issuing another approval to 1
replace it. 2
425 Inquiry about application 3
(1) Before deciding an application under section 424, the chief 4
executive may, by notice given to the applicant, require the 5
applicant to give the chief executive within the reasonable 6
period of at least 30 days stated in the notice, further 7
information or a document the chief executive reasonably 8
requires to decide the application. 9
(2) The applicant is taken to have withdrawn the application if, 10
within the stated period, the applicant does not comply with 11
the requirement. 12
(3) A notice under subsection (1) must be given to the applicant 13
within 30 days after the chief executive receives the 14
application. 15
(4) The information or document under subsection (1) must, if the 16
notice requires, be verified by statutory declaration. 17
426 Failure to decide application 18
(1) Subject to subsections (2) and (3), if the chief executive fails 19
to decide the application within 30 days after its receipt, the 20
failure is taken to be a decision by the chief executive to 21
refuse to grant the application. 22
(2) Subsection (3) applies if-- 23
(a) an auditor has made an application for renewal of the 24
auditor's approval; and 25
(b) the chief executive has, under section 425(1), required 26
the auditor to give the chief executive further 27
information or a document. 28
(3) The chief executive is taken to have refused to grant the 29
application if the chief executive does not decide the 30
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[s 427]
application within 30 days after the chief executive receives 1
the further information or document. 2
(4) If the application is taken to be refused under this section, the 3
auditor is entitled to be given an information notice by the 4
chief executive for the decision. 5
427 Approval continues pending decision about renewal 6
(1) If an auditor applies for renewal of an approval under section 7
424, the approval is taken to continue in force from the day it 8
would, apart from this section, have ended until the 9
application is decided or, under this part, taken to have been 10
decided or is taken to have been withdrawn. 11
(2) However, if the chief executive decides to refuse to renew the 12
approval, or is taken to refuse to renew the approval, the 13
approval continues in force until the information notice for the 14
decision is given to the applicant. 15
(3) Subsection (1) does not apply if the approval is earlier 16
suspended or cancelled. 17
Division 4 General provisions 18
428 Applications--general 19
(1) This section applies to an application for-- 20
(a) an approval as an auditor under section 414; or 21
(b) renewal of an approval under section 424; or 22
(c) an amendment of the conditions of an approval under 23
section 447. 24
(2) The application must-- 25
(a) be in the approved form; and 26
(b) be accompanied by the fee prescribed under a 27
regulation. 28
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(3) The approved form of an application mentioned in subsection 1
(1)(a) must make provision for stating details of the 2
applicant's direct or indirect financial or other interests, if any, 3
in the following that could conflict with the proper 4
performance of an auditor's functions-- 5
(a) the business of the other party to a compliance 6
agreement; 7
(b) the business of an accredited certifier who participates 8
in the ICA scheme. 9
429 Form of approval 10
An approval must-- 11
(a) be in the approved form; and 12
(b) state the following particulars-- 13
(i) the auditor's name and contact details; 14
(ii) the conditions of the approval imposed under 15
section 422(1)(b); 16
(iii) the term of the approval. 17
430 Register 18
(1) The chief executive must keep a register of auditors. 19
(2) The register must contain the following particulars for each 20
auditor-- 21
(a) the auditor's name and contact details; 22
(b) the conditions of the approval imposed under section 23
422(1)(b); 24
(c) the term of the approval. 25
(3) The register may be kept in the form, including electronic 26
form, the chief executive considers appropriate. 27
(4) The chief executive must publish the register on the 28
department's website. 29
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Part 2 Auditing
[s 431]
Part 2 Auditing 1
Division 1 Preliminary 2
431 Purpose of pt 2 3
The purpose of this part is to provide for-- 4
(a) auditing of compliance agreements and accreditations; 5
and 6
(b) monitoring the conduct of audits of compliance 7
agreements and accreditations; and 8
(c) reporting the results of audits. 9
Division 2 Auditing for compliance 10
agreements 11
432 Audit of applicant's business for entering into 12
compliance agreement 13
(1) This section applies to a person applying to enter into a 14
compliance agreement. 15
(2) The chief executive must audit the applicant's business to 16
ensure that-- 17
(a) the applicant has implemented procedures for the 18
applicant's business that provide a way for preventing or 19
managing exposure to all biosecurity risks relating to the 20
biosecurity risk matter for the business; and 21
(b) the applicant can comply with the requirements of the 22
compliance agreement. 23
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[s 433]
433 Compliance audits 1
(1) The other party to a compliance agreement must, unless the 2
other party has a reasonable excuse, have a compliance audit 3
of the other party's business conducted-- 4
(a) within 6 months after the other party enters into the 5
compliance agreement; and 6
(b) after the first compliance audit mentioned in paragraph 7
(a), at intervals of no more than 6 months. 8
Maximum penalty--100 penalty units. 9
(2) The chief executive may conduct additional audits of the other 10
party's business if-- 11
(a) the chief executive reasonably suspects the business 12
does not conform with the requirements of the 13
compliance agreement; or 14
(b) a noncompliance with the compliance agreement was 15
identified at a previous compliance audit. 16
434 Check audit 17
The chief executive may conduct a check audit of the business 18
of the other party to a compliance agreement if the chief 19
executive considers it appropriate to conduct the audit. 20
435 Nonconformance audit 21
(1) This section applies if-- 22
(a) the chief executive receives under section 440, in a 23
period of 1 year, at least 3 audit reports in relation to 24
audits of the business of the other party to a particular 25
compliance agreement; and 26
(b) each report shows the other party has not remedied a 27
particular noncompliance in relation to the business. 28
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[s 436]
(2) The chief executive may conduct a nonconformance audit of 1
the business. 2
(3) The nonconformance audit may be conducted by an auditor. 3
Division 3 Auditing for accreditation 4
436 Compliance audits 5
(1) An accredited certifier must, unless the accredited certifier has 6
a reasonable excuse, have a compliance audit of the accredited 7
certifier's activities as an accredited certifier conducted-- 8
(a) within 6 months after the accredited certifier is granted 9
accreditation; and 10
(b) after the first compliance audit mentioned in paragraph 11
(a), at the intervals required under the accreditation 12
conditions for the accreditation. 13
Maximum penalty--100 penalty units. 14
(2) The chief executive may conduct additional audits of the 15
accredited certifier's activities if-- 16
(a) the chief executive reasonably suspects the activities do 17
not comply with the accreditation; or 18
(b) a noncompliance with the accreditation was identified at 19
a previous compliance audit. 20
437 Check audit 21
The chief executive may conduct a check audit of the 22
accredited certifier's activities as an accredited certifier if the 23
chief executive considers it appropriate to conduct the audit. 24
438 Nonconformance audit 25
(1) This section applies if-- 26
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Chapter 14 Auditors and auditing
Part 3 Auditors' reports and responsibilities
[s 439]
(a) the chief executive receives under section 442, in a 1
period of 1 year, at least 3 audit reports in relation to 2
audits of an accredited certifier's activities as an 3
accredited certifier; and 4
(b) each report shows the accredited certifier has not 5
remedied a particular noncompliance in relation to the 6
accredited certifier's activities. 7
(2) The chief executive may conduct a nonconformance audit of 8
the accredited certifier's activities. 9
(3) The nonconformance audit may be conducted by an auditor. 10
Part 3 Auditors' reports and 11
responsibilities 12
Division 1 Compliance agreement reports 13
439 Report about audit for entering into compliance 14
agreement 15
(1) An auditor must, within 14 days after completing an audit of 16
the business of a person applying to enter into a compliance 17
agreement, give a report about the audit to the following 18
unless the auditor has a reasonable excuse-- 19
(a) the applicant; 20
(b) the chief executive. 21
Maximum penalty--100 penalty units. 22
(2) The report must include all of the following information-- 23
(a) the auditor's name; 24
(b) the days the audit started and ended, and the time spent 25
conducting the audit; 26
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[s 440]
(c) the address of, or other information sufficient to 1
identify, the place at which the audit was conducted; 2
(d) details of the activities audited; 3
(e) whether, in the auditor's opinion, the applicant has or 4
has not implemented procedures for the applicant's 5
business that provide a way for preventing or managing 6
exposure to all biosecurity risks relating to the 7
biosecurity risk matter for the business; 8
(f) the reasons that the auditor considers the applicant has 9
or has not implemented procedures for the applicant's 10
business that provide a way for preventing or managing 11
exposure to all biosecurity risks relating to the 12
biosecurity risk matter for the business; 13
(g) whether, in the auditor's opinion, the applicant has or 14
does not have the capacity to comply with the 15
requirements of the compliance agreement; 16
(h) the reasons that the auditor considers the applicant has 17
or does not have the capacity to comply with the 18
requirements of the compliance agreement; 19
(i) other information prescribed under a regulation. 20
440 Report about audit for compliance or nonconformance 21
audit 22
(1) An auditor must, within 14 days after completing a 23
compliance or nonconformance audit of the business of the 24
other party to a compliance agreement, give a report about the 25
audit to the following unless the auditor has a reasonable 26
excuse-- 27
(a) the other party; 28
(b) the chief executive. 29
Maximum penalty--100 penalty units. 30
(2) The report must include all of the following information-- 31
(a) the auditor's name; 32
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[s 441]
(b) the days the audit started and ended, and the time spent 1
conducting the audit; 2
(c) the address of, or other information sufficient to 3
identify, the place at which the audit was conducted; 4
(d) details of the activities audited; 5
(e) whether, in the auditor's opinion, the business complies 6
or does not comply with the compliance agreement; 7
(f) the reasons that the auditor considers the activities 8
comply or do not comply with the compliance 9
agreement; 10
(g) if the activities do not comply with the compliance 11
agreement--details of action taken, or proposed to be 12
taken, to remedy the noncompliance; 13
(h) whether, in the auditor's opinion-- 14
(i) an auditor needs to conduct a nonconformance 15
audit of the business in relation to any 16
noncompliance identified in the audit; or 17
(ii) the frequency of compliance audits for the business 18
should be changed, and if so, the reasons that the 19
auditor considers the frequency should be changed; 20
(i) other information prescribed under a regulation. 21
Division 2 Accreditation reports 22
441 Report about audit for grant of accreditation 23
(1) An auditor must, within 14 days after completing an audit of 24
the applicant's ICA systems, or proposed ICA systems, 25
relevant to an application for a grant of accreditation, give a 26
report about the audit to the following unless the auditor has a 27
reasonable excuse-- 28
(a) the applicant; 29
(b) the chief executive. 30
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[s 442]
Maximum penalty--100 penalty units. 1
(2) The report must include all of the following information-- 2
(a) the auditor's name; 3
(b) the days the audit started and ended, and the time spent 4
conducting the audit; 5
(c) the address of, or other information sufficient to 6
identify, the place at which the audit was conducted; 7
(d) details of the applicant's ICA systems, or proposed ICA 8
systems, audited; 9
(e) whether, in the auditor's opinion, each ICA system or 10
proposed ICA system satisfies the requirements of any 11
operational procedure to which the system is directed; 12
(f) the reasons that the auditor considers each ICA system 13
or proposed ICA system satisfies or does not satisfy the 14
requirements of any operational procedure to which the 15
system is directed; 16
(g) other information prescribed under a regulation. 17
442 Report about audit for compliance or nonconformance 18
audit 19
(1) An auditor must, within 14 days after completing a 20
compliance or nonconformance audit of an accredited 21
certifier's activities as an accredited certifier, give a report 22
about the audit to the following unless the auditor has a 23
reasonable excuse-- 24
(a) the accredited certifier; 25
(b) the chief executive. 26
Maximum penalty--100 penalty units. 27
(2) The report must include all of the following information-- 28
(a) the auditor's name; 29
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[s 442]
(b) the days the audit started and ended, and the time spent 1
conducting the audit; 2
(c) the address of, or other information sufficient to 3
identify, the place at which the audit was conducted; 4
(d) details of the activities audited; 5
(e) whether, in the auditor's opinion, the activities comply 6
or do not comply with the accreditation; 7
(f) the reasons that the auditor considers the activities 8
comply or do not comply with the accreditation; 9
(g) if the activities do not comply with the 10
accreditation--details of action taken, or proposed to be 11
taken, to remedy the noncompliance; 12
(h) if the accredited certifier participates in the ICA 13
scheme-- 14
(i) whether, in the auditor's opinion, each of the 15
accredited certifier's ICA systems satisfies the 16
requirements of any operational procedure to 17
which the system is directed; and 18
(ii) the reasons that the auditor considers each of the 19
accredited certifier's ICA systems satisfies or does 20
not satisfy the requirements of any operational 21
procedure to which the system is directed; 22
(i) whether, in the auditor's opinion-- 23
(i) an auditor needs to conduct a nonconformance 24
audit of the activities in relation to any 25
noncompliance identified in the audit; or 26
(ii) the frequency of compliance audits for the 27
activities should be changed, and if so, the reasons 28
that the auditor considers the frequency should be 29
changed; 30
(j) other information prescribed under a regulation. 31
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Division 3 Responsibilities 1
443 Auditor's responsibility to inform chief executive 2
(1) This section applies if, in conducting a compliance or 3
nonconformance audit of the business of the other party to a 4
compliance agreement or of an accredited certifier's activities 5
as an accredited certifier, an auditor forms a reasonable belief 6
that-- 7
(a) a person has contravened, or is contravening, this Act; 8
and 9
(b) the contravention poses an imminent and serious 10
biosecurity risk. 11
(2) The auditor must give details of the facts and circumstances 12
giving rise to the belief to the chief executive. 13
(3) The auditor must give the details to the chief executive as soon 14
as practicable, and in any case not more than 24 hours, after 15
forming the belief. 16
Maximum penalty--500 penalty units. 17
(4) If the auditor complies with subsection (3) by giving the chief 18
executive the details orally, the auditor must, within 24 hours 19
after giving the details orally, give the chief executive notice 20
of the details. 21
Maximum penalty--500 penalty units. 22
Part 4 Offences 23
444 Obstructing auditor 24
(1) A person must not obstruct an auditor in the conduct of an 25
audit, unless the person has a reasonable excuse. 26
Maximum penalty--100 penalty units. 27
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[s 445]
(2) If a person has obstructed an auditor and the auditor decides to 1
proceed with the conduct of the audit, the auditor must warn 2
the person that-- 3
(a) it is an offence to obstruct the auditor unless the person 4
has a reasonable excuse; and 5
(b) the auditor considers the person's conduct an 6
obstruction. 7
445 Impersonating auditor 8
A person must not pretend to be an auditor. 9
Maximum penalty--100 penalty units. 10
Chapter 15 Common amendment, 11
suspension and 12
cancellation provisions for 13
particular authorities 14
Part 1 Interpretation 15
446 Definitions 16
In this chapter-- 17
beekeeper registration means a biosecurity entity's 18
registration under chapter 6, part 2 for the keeping of bees. 19
relevant authority means-- 20
(a) a prohibited matter permit; or 21
(b) a restricted matter permit; or 22
(c) an accreditation; or 23
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Part 2 Amending conditions of relevant authority on application
[s 447]
(d) an auditor's approval; or 1
(e) a beekeeper registration. 2
Part 2 Amending conditions of 3
relevant authority on 4
application 5
447 Application by holder of relevant authority to amend 6
conditions 7
(1) The holder of a relevant authority may apply to the chief 8
executive to amend the conditions of the authority. 9
(2) The application must-- 10
(a) be in the approved form; and 11
(b) be accompanied by the fee prescribed under a 12
regulation. 13
(3) However, if the relevant authority is a prohibited matter or 14
restricted matter permit, the chief executive may waive 15
payment of the fee if the chief executive is satisfied of the 16
matters mentioned in section 201(6)(a) to (c). 17
(4) The chief executive must consider the application and decide 18
to amend, or refuse to amend, the conditions of the authority. 19
(5) If the chief executive decides to refuse to amend the 20
conditions of the authority, the chief executive must as soon 21
as practicable give the applicant an information notice for the 22
decision. 23
(6) If the chief executive decides to amend the conditions of the 24
authority, the chief executive must as soon as practicable 25
issue to the applicant another relevant authority showing the 26
amendment. 27
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Part 2 Amending conditions of relevant authority on application
[s 448]
448 Inquiry about application 1
(1) Before deciding the application, the chief executive may, by 2
notice given to the applicant, require the applicant to give the 3
chief executive within the reasonable period of at least 30 4
days stated in the notice, further information or a document 5
the chief executive reasonably requires to decide the 6
application. 7
(2) The applicant is taken to have withdrawn the application if, 8
within the stated period, the applicant does not comply with 9
the requirement. 10
(3) A notice under subsection (1) must be given to the applicant 11
within 30 days after the chief executive receives the 12
application. 13
(4) The information or document under subsection (1) must, if the 14
notice requires, be verified by statutory declaration. 15
449 Failure to decide application 16
(1) Subject to subsections (2) and (3), if the chief executive fails 17
to decide the application within 30 days after its receipt, the 18
failure is taken to be a decision by the chief executive to 19
refuse to amend the relevant authority. 20
(2) Subsection (3) applies if-- 21
(a) the holder of a relevant authority has made an 22
application to amend the conditions of the authority; and 23
(b) the chief executive has, under this part, required the 24
applicant to give the chief executive further information 25
or a document. 26
(3) The chief executive is taken to have refused to amend the 27
authority if the chief executive does not decide the application 28
within 30 days after the chief executive receives the further 29
information or document verified, if required, by statutory 30
declaration. 31
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Part 3 Cancellation, suspension and amendment by chief executive
[s 450]
(4) If the application is taken to be refused under this section, the 1
applicant is entitled to be given an information notice by the 2
chief executive for the decision. 3
Part 3 Cancellation, suspension and 4
amendment by chief executive 5
450 Cancellation and suspension--grounds 6
(1) Each of the following is a ground for cancelling or suspending 7
a relevant authority-- 8
(a) the authority was obtained by materially incorrect or 9
misleading information or documents or by a mistake; 10
(b) the holder of the authority has not paid a fee or other 11
amount payable to the chief executive in relation to the 12
authority; 13
(c) the holder of the authority has contravened a condition 14
of the authority, whether the condition is included in the 15
authority or is otherwise imposed under this Act; 16
(d) the holder of the authority has committed-- 17
(i) if the authority is a prohibited matter or restricted 18
matter permit--a relevant biosecurity offence; or 19
(ii) if the authority is an accreditation--a relevant 20
accreditation offence; or 21
(iii) if the authority is a beekeeper registration--an 22
offence against this Act; 23
(e) if the authority is a prohibited matter or restricted matter 24
permit or an accreditation--the chief executive becomes 25
aware that the holder of the authority held a similar 26
authority, however called, in another jurisdiction within 27
the last 2 years and that authority was cancelled; 28
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Part 3 Cancellation, suspension and amendment by chief executive
[s 451]
(f) if the authority is an auditor's approval-- 1
(i) the auditor is not, or is no longer, a suitable person 2
to be an auditor; or 3
(ii) the auditor does not have the necessary expertise or 4
experience to perform the auditor's functions; or 5
(iii) the audits conducted by the auditor have not been 6
conducted honestly, fairly or diligently. 7
(2) For forming a belief that the ground mentioned in subsection 8
(1)(f)(i) exists, the chief executive may have regard to the 9
matters to which the chief executive may have regard in 10
deciding whether the person is a suitable person to be an 11
auditor. 12
(3) In this section-- 13
holder, of a relevant authority that is a prohibited matter or 14
restricted matter permit or an accreditation, includes, if the 15
holder is a corporation, a related entity of the holder under the 16
Corporations Act, section 9. 17
451 Amendment of relevant authority 18
If the chief executive believes a relevant authority should be 19
amended, the chief executive may amend the authority under 20
this part. 21
452 Cancellation, suspension or amendment by chief 22
executive--show cause notice 23
(1) If the chief executive believes a ground exists to cancel or 24
suspend a relevant authority (the proposed action), or if the 25
chief executive proposes to amend a relevant authority (also 26
the proposed action), the chief executive must give the holder 27
of the authority notice under this section (a show cause 28
notice). 29
(2) The show cause notice must state each of the following-- 30
(a) the proposed action; 31
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Part 3 Cancellation, suspension and amendment by chief executive
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(b) the ground for the proposed action; 1
(c) an outline of the facts and circumstances forming the 2
basis for the ground; 3
(d) if the proposed action is to suspend the authority--the 4
proposed suspension period; 5
(e) if the proposed action is to amend the authority--the 6
proposed amendment; 7
(f) that the holder may, within a stated period (the show 8
cause period), make written representations to the chief 9
executive to show why the proposed action should not 10
be taken. 11
(3) The show cause period must end at least 28 days after the 12
holder is given the show cause notice. 13
453 Representations about show cause notice 14
(1) The holder of the relevant authority may make written 15
representations about the show cause notice to the chief 16
executive in the show cause period. 17
(2) The chief executive must consider all representations (the 18
accepted representations) made under subsection (1). 19
454 Ending show cause process without further action 20
If, after considering the accepted representations, the chief 21
executive no longer believes a ground exists to take the 22
proposed action, the chief executive-- 23
(a) must take no further action about the show cause notice; 24
and 25
(b) must give the holder of the relevant authority notice that 26
no further action is to be taken about the show cause 27
notice. 28
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Part 3 Cancellation, suspension and amendment by chief executive
[s 455]
455 Cancellation, suspension or amendment 1
(1) This section applies if-- 2
(a) there are no accepted representations for the show cause 3
notice; or 4
(b) after considering the accepted representations for the 5
show cause notice, the chief executive-- 6
(i) still believes a ground exists to cancel, suspend or 7
amend the relevant authority; and 8
(ii) believes a cancellation, suspension or amendment 9
of the relevant authority is warranted. 10
(2) The chief executive may-- 11
(a) if the proposed action was to cancel the 12
authority--cancel the authority, suspend the authority 13
for a period or amend the authority; or 14
(b) if the proposed action was to suspend the 15
authority--suspend the authority for no longer than the 16
proposed suspension period or amend the authority; or 17
(c) if the proposed action was to amend the 18
authority--amend the authority. 19
(3) If the chief executive acts under subsection (2), the chief 20
executive must as soon as practicable give an information 21
notice for the decision to the holder of the relevant authority. 22
(4) The decision takes effect on the later of the following-- 23
(a) the day the information notice is given to the holder; 24
(b) the day stated in the information notice for that purpose. 25
456 Immediate suspension of relevant authority 26
(1) The chief executive may suspend a relevant authority 27
immediately if the chief executive believes-- 28
(a) a ground exists to cancel or suspend the authority; and 29
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(b) it is necessary to suspend the authority immediately 1
because of a relevant reason. 2
(2) The suspension-- 3
(a) can be effected only by the chief executive giving an 4
information notice for the decision to the holder, 5
together with a show cause notice; and 6
(b) operates immediately the notices are given to the holder; 7
and 8
(c) continues to operate until the earliest of the following 9
happens-- 10
(i) the chief executive cancels the remaining period of 11
suspension; 12
(ii) the show cause notice is finally dealt with; 13
(iii) 56 days have passed since the notices were given to 14
the holder. 15
(3) Subsection (4) applies if-- 16
(a) a suspension under this section stops because-- 17
(i) the chief executive cancels the remaining period of 18
suspension; or 19
(ii) the show cause notice is finally dealt with by a 20
decision being made not to cancel or suspend the 21
relevant authority; or 22
(iii) 56 days have passed since the notices mentioned in 23
subsection (2)(a) were given to the holder; and 24
(b) the holder has returned the relevant authority to the chief 25
executive as required under this part. 26
(4) The chief executive must as soon as practicable give the 27
relevant authority to the holder. 28
(5) In this section-- 29
relevant reason means-- 30
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Part 4 Miscellaneous
[s 457]
(a) for a prohibited matter or restricted matter 1
permit--there would be an immediate and serious risk 2
to public health or safety if the holder of the permit were 3
to continue to deal with prohibited matter or restricted 4
matter; or 5
(b) for an accreditation--there would be-- 6
(i) an immediate and serious risk to public health or 7
safety if the holder of the accreditation were to 8
continue to give biosecurity certificates; or 9
(ii) an immediate and serious risk to the trade in a 10
particular commodity if the holder of the 11
accreditation were to continue to give biosecurity 12
certificates; or 13
(c) for an auditor's approval--there would be an immediate 14
and serious risk to public health or safety if the holder of 15
the approval were to continue to conduct audits; or 16
(d) for a beekeeper registration--there would be an 17
immediate and serious risk to public health and safety if 18
the holder of the registration were to continue to keep 19
bees. 20
Part 4 Miscellaneous 21
457 Amendment of relevant authority without show 22
cause notice 23
(1) The procedures otherwise required to be followed under this 24
chapter for the amendment of a relevant authority are not 25
required to be followed if-- 26
(a) the chief executive proposes to amend the relevant 27
authority only-- 28
(i) for a formal or clerical reason; or 29
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Part 4 Miscellaneous
[s 458]
(ii) in another way that does not adversely affect the 1
interests of the holder of the authority; or 2
(b) the holder of the relevant authority asks the chief 3
executive to amend the authority other than by formal 4
application under part 2 and the chief executive 5
proposes to give effect to the request. 6
(2) The chief executive may amend the relevant authority by 7
notice given to the holder. 8
458 Cancellation of relevant authority without show 9
cause notice 10
(1) The procedures otherwise required to be followed under this 11
chapter for the cancellation of a relevant authority are not 12
required to be followed if the holder of the relevant authority 13
asks the chief executive to cancel the authority and the chief 14
executive proposes to give effect to the request. 15
(2) The chief executive may cancel the relevant authority by 16
notice given to the holder. 17
459 Return of cancelled, suspended or amended relevant 18
authority 19
(1) This section applies if the chief executive cancels, suspends or 20
amends a relevant authority under this chapter. 21
(2) The chief executive may, by notice given to the holder of the 22
authority, require the holder to return the document 23
evidencing the authority to the chief executive within 14 days, 24
or a later stated time. 25
(3) The holder must comply with the notice, unless the holder has 26
a reasonable excuse for not complying with it. 27
Maximum penalty--40 penalty units. 28
(4) If the document for a suspended relevant authority has been 29
returned to the chief executive, the chief executive must 30
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 460]
return the document to the holder of the relevant authority at 1
the end of the suspension period. 2
(5) If the document for an amended relevant authority has been 3
returned to the chief executive, the chief executive must 4
return the document to the holder of the relevant authority 5
after amending it. 6
(6) However, the amendment of a relevant authority does not 7
depend on the document for the authority being returned to 8
the chief executive by the holder of the authority or by the 9
chief executive to the holder of the authority. 10
(7) The chief executive is not required to return the document for 11
a relevant authority that is cancelled. 12
Chapter 16 Invasive animal barrier 13
fencing 14
Part 1 The barrier fence board 15
Division 1 Establishment 16
460 Establishment of barrier fence board 17
The Invasive Animals Barrier Fence Board is established. 18
461 Legal status 19
(1) The barrier fence board-- 20
(a) is a body corporate; and 21
(b) has a seal; and 22
(c) may sue and be sued in its corporate name. 23
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Part 1 The barrier fence board
[s 462]
(2) The barrier fence board represents the State. 1
(3) Without limiting subsection (2), the barrier fence board has all 2
the privileges and immunities of the State. 3
462 Application of other Acts 4
(1) The barrier fence board is a statutory body under-- 5
(a) the Financial Accountability Act 2009; and 6
(b) the Statutory Bodies Financial Arrangements Act 1982. 7
(2) The Statutory Bodies Financial Arrangements Act 1982, part 8
2B sets out the way in which the barrier fence board's powers 9
under this Act are affected by that Act. 10
463 Board's function 11
(1) The barrier fence board's function is to keep the barrier fence 12
in good order, and to ensure it is maintained as an effective 13
barrier against, depending on its form of construction in any 14
particular place-- 15
(a) dingoes and dogs, other than domestic dogs; or 16
(b) European rabbits, whether domestic or wild breeds. 17
(2) Without limiting subsection (1), the barrier fence board's 18
function includes-- 19
(a) regularly inspecting the barrier fence; and 20
(b) repairing the barrier fence; and 21
(c) replacing damaged sections of the fence that can not be 22
repaired; and 23
(d) clearing obstructions from on or near the barrier fence to 24
ensure the fence's integrity as a barrier. 25
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[s 464]
464 Board's powers 1
(1) The barrier fence board has the powers of an individual and 2
may for example do any of the following-- 3
(a) enter into contracts; 4
(b) acquire, hold, deal with and dispose of property; 5
(c) appoint and act through agents and attorneys; 6
(d) charge, and fix terms, for goods, services and 7
information it supplies; 8
(e) employ staff and engage consultants; 9
(f) do anything else necessary or convenient to be done in 10
performing its function. 11
(2) Without limiting subsection (1), the barrier fence board has 12
the powers given to it under this Act. 13
465 Minister may give direction to board 14
(1) The Minister may give the barrier fence board a written 15
direction about the performance of the board's function or the 16
exercise of its powers if satisfied it is necessary to give the 17
direction in the public interest. 18
(2) The board must comply with the direction. 19
(3) Before giving the direction, the Minister must consult with the 20
board. 21
(4) The Minister must gazette a copy of the direction within 21 22
days after the direction is given. 23
Division 2 Board directors 24
466 Control of board 25
The directors of the barrier fence board control the board. 26
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Part 1 The barrier fence board
[s 467]
467 Role of directors 1
(1) The directors of the barrier fence board are responsible for the 2
way the board performs its function and exercises its powers. 3
(2) Without limiting subsection (1), it is the role of the directors 4
of the barrier fence board to ensure the board performs its 5
function in an appropriate, effective and efficient way. 6
468 Number and appointment 7
The barrier fence board has 7 directors, made up of the 8
chairperson and 6 other directors. 9
469 Chairperson 10
(1) The director who is also the chairperson of the barrier fence 11
board is the person appointed by the Minister as the 12
chairperson of the board. 13
(2) A person is not qualified to be the chairperson of the barrier 14
fence board if the person is-- 15
(a) a councillor, including the mayor, of a local 16
government; or 17
(b) a member of the Legislative Assembly; or 18
(c) employed by the State or a local government. 19
(3) Before appointing a person as chairperson of the barrier fence 20
board, the Minister must consult with each entity the Minister 21
reasonably considers has, either directly or through its 22
members, an interest in the maintenance of the barrier fence 23
and the operation of the barrier fence board. 24
Examples of entities the Minister might consult-- 25
Local Government Association of Queensland, AgForce, Queensland 26
Farmers Federation 27
470 Nominating local government groups 28
(1) There are 3 nominating groups of local governments. 29
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[s 471]
(2) The first group is the group of local governments, generally in 1
the western area of the State, and prescribed under a 2
regulation, whose local government areas benefit from, or 3
include, any part of the barrier fence (the western nominating 4
group of local governments). 5
(3) The second group is the group of local governments, generally 6
in the central area of the State, and prescribed under a 7
regulation, whose local government areas benefit from, or 8
include, any part of the barrier fence (the central nominating 9
group of local governments). 10
(4) The third group is the group of local governments, generally 11
in the southern area of the State, and prescribed under a 12
regulation, whose local government areas benefit from, or 13
include, any part of the barrier fence (the southern 14
nominating group of local governments). 15
471 Appointment of directors other than chairperson 16
(1) This section states the requirements for the appointment of the 17
directors of the barrier fence board other than the chairperson. 18
(2) One director is the person appointed by the Minister on the 19
nomination of the western nominating group of local 20
governments. 21
(3) One director is the person appointed by the Minister on the 22
nomination of the central nominating group of local 23
governments. 24
(4) One director is the person appointed by the Minister on the 25
nomination of the southern nominating group of local 26
governments. 27
(5) One director is a person who-- 28
(a) is appointed by the Minister on the nomination of the 29
chief executive; and 30
(b) is a person employed by the State. 31
(6) Two directors are persons who-- 32
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[s 472]
(a) are appointed by the Minister on the basis that they 1
have, in the opinion of the Minister, the necessary 2
experience or expertise to be directors of the board; and 3
(b) are not, in either case-- 4
(i) a councillor, including the mayor, of a local 5
government; or 6
(ii) a member of the Legislative Assembly; or 7
(iii) employed by the State or a local government. 8
(7) It is a further requirement that 2 of the directors, not including 9
the chairperson or the director mentioned in subsection (5), 10
have substantial involvement in a primary production 11
enterprise. 12
(8) In this section-- 13
primary production enterprise means a business-- 14
(a) that involves primary production, including any of the 15
agricultural, apicultural, aquacultural, commercial 16
wild-catch fishing, forestry, grazing and horticultural 17
industries; and 18
(b) for which an entity holds an Australian Business 19
Number. 20
472 Qualifications for directorship 21
A person is not qualified to be, or to continue as, a director of 22
the barrier fence board if the person-- 23
(a) is an insolvent under administration within the meaning 24
of the Corporations Act, section 9; or 25
(b) is, or has been, convicted of-- 26
(i) an indictable offence, whether on indictment or 27
summarily; or 28
(ii) an offence against this Act. 29
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[s 473]
473 Term of appointment 1
(1) Subject to subsections (2) and (3), a director of the barrier 2
fence board is appointed for the term, of no more than 3 years, 3
stated in the director's instrument of appointment. 4
(2) The director continues holding office after the director's term 5
of office ends until the director's successor is appointed. 6
(3) If a person is appointed to fill a casual vacancy in the office of 7
a director, the person is appointed only for the remainder of 8
the director's term of office. 9
474 Termination of appointment 10
The Minister may remove a person from office as a director of 11
the barrier fence board if-- 12
(a) the director ceases to be qualified to be a director or is 13
absent from 3 consecutive meetings of the board without 14
the board's leave and without reasonable excuse; or 15
(b) the Minister is satisfied the director-- 16
(i) is incapable of performing the duties of a director 17
because of physical or mental incapacity; or 18
(ii) performed the director's duties carelessly, 19
incompetently or inefficiently; or 20
(iii) has committed misconduct of a kind that could 21
justify dismissal from the public service if the 22
director were a public service officer. 23
475 Vacation of office 24
The office of a director of the barrier fence board becomes 25
vacant if the director-- 26
(a) dies; or 27
(b) resigns by signed notice of resignation given to the 28
board; or 29
(c) is removed from office under this part. 30
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[s 476]
476 Disclosure of interests 1
(1) This section applies to a director of the barrier fence board 2
if-- 3
(a) the director has a direct or indirect financial or personal 4
interest in a matter being considered, or about to be 5
considered, by the board; and 6
(b) the interest could conflict with the proper performance 7
of the director's duties about the consideration of the 8
matter. 9
(2) As soon as practicable after the relevant facts come to the 10
director's knowledge, the director must disclose the nature of 11
the interest to a meeting of the barrier fence board. 12
Maximum penalty--20 penalty units. 13
(3) The disclosure must be recorded in the board's minutes. 14
(4) Unless the board otherwise decides, the director must not-- 15
(a) be present when the board considers the matter; or 16
(b) take part in a decision of the board on the matter. 17
Maximum penalty--20 penalty units. 18
(5) The director must not be present when the board is 19
considering its decision under subsection (4). 20
Maximum penalty--20 penalty units. 21
(6) Another director who also has a direct or indirect financial or 22
personal interest in the matter must not-- 23
(a) be present when the board is considering its decision 24
under subsection (4); or 25
(b) take part in making the decision. 26
Maximum penalty--20 penalty units. 27
(7) In this section-- 28
financial or personal interest, for a person nominated by an 29
entity for appointment as a director, does not include an 30
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 477]
interest the person has in common with members of the entity 1
represented by the person. 2
477 Director to act in board's interest 3
A director of the barrier fence board must act in the best 4
interests of the board. 5
Division 3 Business and meetings 6
478 Conduct of business 7
Subject to this division, the barrier fence board may conduct 8
its business, including its meetings, in the way it considers 9
appropriate. 10
479 Times and places of meetings 11
(1) The barrier fence board must hold-- 12
(a) its first meeting at the time and place decided by the 13
chief executive; and 14
(b) at least 1 meeting a year. 15
(2) The barrier fence board's chairperson-- 16
(a) may call a board meeting at any time; and 17
(b) must call a meeting if asked by at least one-half of the 18
directors comprising the board or, if the number is not a 19
whole number, the next highest whole number of 20
directors. 21
480 Quorum 22
A quorum for the barrier fence board is the number of 23
directors equal to one-half of the number of directors of the 24
board plus 1 or, if the number is not a whole number, the next 25
highest whole number. 26
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Part 1 The barrier fence board
[s 481]
481 Presiding at meetings 1
(1) The chairperson of the barrier fence board must preside at all 2
meetings at which the chairperson is present. 3
(2) If the chairperson is absent, the director chosen by the 4
directors present must preside. 5
482 Conduct of meetings 6
(1) A question at a barrier fence board meeting is decided by a 7
majority of the votes of the directors of the board present and 8
voting. 9
(2) Each director present has a vote on each question to be 10
decided and, if the votes are equal, the chairperson has a 11
casting vote. 12
(3) A director present at the meeting who abstains from voting is 13
taken to have voted for the negative. 14
(4) The barrier fence board may allow its directors to take part in 15
its meetings by using any technology that reasonably allows 16
directors to hear and take part in discussions as they happen. 17
Example of use of technology-- 18
teleconferencing 19
(5) A director who takes part in a barrier fence board meeting 20
under subsection (4) is taken to be present at the meeting. 21
(6) A resolution is validly made by the barrier fence board, even 22
if it is not passed at a board meeting, if-- 23
(a) a majority of the board's directors gives written 24
agreement to the resolution; and 25
(b) notice of the resolution is given under procedures 26
approved by the board. 27
483 Minutes 28
The barrier fence board must keep-- 29
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 484]
(a) minutes of its proceedings; and 1
(b) a record of its resolutions. 2
484 Fees and allowances 3
A director of the barrier fence board is entitled to be paid the 4
fees and allowances approved by the Minister. 5
Division 4 Financial matters 6
485 Estimate of board's operational costs 7
(1) The barrier fence board must, for each financial year, prepare 8
and give to the Minister a written estimate of its operational 9
costs for the year. 10
(2) The estimate must be given to the Minister 2 months before 11
the start of the financial year to which the estimate relates. 12
(3) The estimate must be accompanied by a written statement 13
stating-- 14
(a) details, including a works program, for the items to 15
which the costs relate; and 16
(b) an amount for each item. 17
486 Approval for carrying out board's operations 18
(1) The barrier fence board may carry out a works program or do 19
other things involving expenditure by it in a financial year 20
only if the works or other things have been approved by the 21
Minister for the financial year. 22
Example of other things-- 23
acquisition of land, machinery, equipment or materials 24
(2) In deciding whether to approve the works program or other 25
things, the Minister must have regard to-- 26
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 487]
(a) the board's function; and 1
(b) the expenditure involved in carrying out the works 2
program or doing the other things. 3
Division 5 Board employees 4
487 Board may employ or engage persons 5
(1) The barrier fence board may employ, or otherwise engage the 6
services of, persons (each a board employee) to help the board 7
perform its function. 8
(2) The board may employ or engage a person only if the board is 9
satisfied the person has the necessary experience or expertise 10
for the purpose for which the person is employed or engaged. 11
488 Powers of board employees generally 12
(1) A board employee has the powers given to the person by 13
delegation from the barrier fence board. 14
(2) In exercising the powers, the board employee is subject to the 15
directions of the barrier fence board. 16
(3) However, powers that a board employee may be permitted to 17
exercise in relation to a person must be limited to-- 18
(a) entry on the person's land to perform work for the 19
barrier fence board necessary for the proper 20
maintenance of the barrier fence; and 21
(b) properly maintaining a section of the barrier fence 22
located on the person's land; and 23
(c) giving the person a notice to remedy damage to the 24
barrier fence for which the person is responsible. 25
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 489]
489 Issue of identity card 1
(1) The barrier fence board must issue an identity card to each 2
board employee. 3
(2) The identity card must-- 4
(a) contain a recent photo of the board employee; and 5
(b) contain a copy of the board employee's signature; and 6
(c) identify the board employee as a board employee under 7
this Act; and 8
(d) state an expiry date for the card. 9
(3) This section does not prevent the issue of a single identity 10
card to a person for this Act and other purposes. 11
490 Production or display of identity card 12
(1) In exercising a power of the barrier fence board in relation to a 13
person in the person's presence, a board employee must-- 14
(a) produce the board employee's identity card for the 15
person's inspection before exercising the power; or 16
(b) have the identity card displayed so it is clearly visible to 17
the person when exercising the power. 18
(2) However, if it is not practicable to comply with subsection 19
(1), the board employee must produce the identity card for the 20
person's inspection at the first reasonable opportunity. 21
491 Return of identity card 22
If the employment of a person as a board employee ends, the 23
person must return the person's identity card to the chief 24
executive within 21 days after the employment ends unless the 25
person has a reasonable excuse. 26
Maximum penalty--20 penalty units. 27
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 492]
492 Incidental entry to ask for access 1
For the purpose of asking the occupier of a place for consent 2
to enter the place on behalf of the barrier fence board, a board 3
employee may-- 4
(a) enter land around premises at the place to an extent that 5
is reasonable to contact the occupier; or 6
(b) enter part of the place the board employee reasonably 7
considers members of the public ordinarily are allowed 8
to enter when they wish to contact an occupier of the 9
place. 10
493 Matters board employee must tell occupier 11
Before asking the occupier of a place for consent to enter a 12
place on behalf of the barrier fence board, a board employee 13
must give a reasonable explanation to the occupier-- 14
(a) about the purpose of the entry, including the powers of 15
the board intended to be exercised; and 16
(b) that the occupier is not required to consent; and 17
(c) that the consent may be given subject to conditions and 18
may be withdrawn at any time. 19
494 Obstructing board employee 20
(1) A person must not obstruct a board employee, or someone 21
helping a board employee, exercising a power under this Act 22
unless the person has a reasonable excuse. 23
Maximum penalty--100 penalty units. 24
(2) If a person has obstructed a board employee, or someone 25
helping a board employee, and the board employee decides to 26
proceed with the exercise of the power, the board employee 27
must warn the person that-- 28
(a) it is an offence to cause an obstruction unless the person 29
has a reasonable excuse; and 30
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Chapter 16 Invasive animal barrier fencing
Part 1 The barrier fence board
[s 495]
(b) the board employee considers the person's conduct an 1
obstruction. 2
495 Impersonating board employee 3
A person must not impersonate a board employee. 4
Maximum penalty--100 penalty units. 5
Division 6 Miscellaneous 6
496 Delegation 7
(1) The barrier fence board may delegate its function to an 8
appropriately qualified person. 9
(2) In this section-- 10
appropriately qualified includes having the qualifications, 11
experience or standing appropriate for the function. 12
function includes powers. 13
497 Annual report 14
(1) As soon as practicable after the end of each financial year, the 15
barrier fence board must prepare and give to the Minister a 16
written report about the board's operation during the year. 17
(2) As soon as practicable after receiving the report, the Minister 18
must table a copy of it in the Legislative Assembly. 19
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 498]
Part 2 The barrier fence 1
Division 1 Identification 2
498 Identification of the barrier fence 3
(1) The Invasive Animals Barrier Fence is made up of the sections 4
of fencing built along the declared building lines. 5
(2) The chief executive may create new versions of the relevant 6
maps to more accurately show the location of the barrier fence 7
or of any adjustment of the fence as agreed between the 8
barrier fence board and the chief executive. 9
(3) The relevant maps may, without charge, be accessed 10
electronically, or inspected at the department's head office 11
during business hours. 12
(4) In this section-- 13
declared building lines means the following lines-- 14
(a) the lines, representing approximately 2500km of 15
fencing, shown on the relevant maps as `wild dog barrier 16
fence'; 17
(b) the line, representing approximately 555km of fencing, 18
shown on the relevant maps as `rabbit fence'. 19
relevant maps means the maps named as DF01 and DF02 20
held by the department. 21
Division 2 Maintaining the barrier fence 22
499 Building gates and grids in barrier fence 23
(1) This section applies if the barrier fence-- 24
(a) intersects the land of a person; and 25
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 500]
(b) unreasonably hinders movement by a person or by 1
designated animals from a part of the land to another 2
part. 3
(2) The barrier fence board must build and pay for a gate or grid 4
in the fence to allow the movement. 5
500 Maintaining barrier fence 6
For keeping the barrier fence in good order, the barrier fence 7
board may-- 8
(a) clear the fence line of vegetation or any other 9
obstruction to a distance of no more than 20m either 10
side of the fence; and 11
(b) enter onto a place to clear the fence line under paragraph 12
(a), or to inspect the fence or repair or otherwise 13
maintain it. 14
501 Power to enter a place 15
(1) This section applies if the barrier fence board needs to enter a 16
place to-- 17
(a) inspect or maintain the barrier fence, including to 18
inspect or maintain a gate or grid in the fence; or 19
(b) clear the fence line. 20
(2) Before entering the place, the board must-- 21
(a) obtain the occupier's consent to the entry; or 22
(b) give the occupier written notice of-- 23
(i) the intended entry; and 24
(ii) the purpose of the entry; and 25
(iii) the likely dates and times of entry. 26
(3) If the board is satisfied it is impracticable to give the notice 27
under subsection (2)(b), it is sufficient compliance with the 28
subsection if the board-- 29
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 502]
(a) publishes the notice in a newspaper circulating generally 1
in the area in which the place is situated; or 2
(b) places the notice conspicuously on the place. 3
(4) Notice under this section must be given at least 7 days before 4
the intended entry. 5
(5) However, if the board needs to enter the land in urgent 6
circumstances, the board need only give the occupier the 7
notice that is reasonably practicable in the circumstances. 8
502 Agreement to make opening in barrier fence 9
(1) The barrier fence board may enter into an agreement with 10
another person about making an opening in a section of the 11
barrier fence for a particular purpose and period. 12
Examples of purpose-- 13
· to build a road or lay a gas pipeline through the fence 14
· to pass through the fence to gain access to land for mineral 15
exploration 16
(2) The agreement must be subject to conditions that, as far as 17
reasonably practicable, ensure the movement of a relevant 18
animal from 1 side of the fence to the other is prevented while 19
the fence is opened. 20
(3) In this section-- 21
relevant animal means an animal of the type whose 22
movement the section of the barrier fence is intended to be a 23
barrier. 24
503 Duty to avoid inconvenience and minimise damage 25
In exercising a power of the barrier fence board, a board 26
employee must take all reasonable steps to cause as little 27
inconvenience, and do as little damage, as possible. 28
Note-- 29
See also section 505. 30
Page 365
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 504]
504 Notice of damage 1
(1) This section applies if-- 2
(a) a board employee damages something when exercising, 3
or purporting to exercise a power of the barrier fence 4
board; or 5
(b) a person (the assistant) acting under the direction or 6
authority of a board employee damages something. 7
(2) However, this section does not apply to damage the board 8
employee reasonably considers is trivial or if the board 9
employee reasonably believes-- 10
(a) there is no-one apparently in possession of the thing; or 11
(b) the thing has been abandoned. 12
(3) The board employee must give notice of the damage to the 13
person who appears to the board employee to be an owner, or 14
person in control, of the thing. 15
(4) However, if for any reason it is not practicable to comply with 16
subsection (3), the board employee must-- 17
(a) leave the notice at the place where the damage 18
happened; and 19
(b) ensure it is left in a conspicuous position and in a 20
reasonably secure way. 21
(5) If the board employee believes the damage was caused by a 22
latent defect in the thing or other circumstances beyond the 23
control of the board employee or the assistant, the board 24
employee may state the belief in the notice. 25
(6) The notice must state-- 26
(a) particulars of the damage; and 27
(b) that the person who suffered the damage may claim 28
compensation under this division. 29
(7) In this section-- 30
Page 366
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 505]
damage does not include damage to vegetation cleared for 1
barrier fence maintenance purposes as authorised under this 2
division. 3
505 Compensation 4
(1) A person may claim compensation from the barrier fence 5
board if the person incurs loss because of the exercise, or 6
purported exercise, of a power by a board employee. 7
(2) However, subsection (1) applies only to loss arising from an 8
accidental, negligent or unlawful act or omission. 9
(3) The compensation may be claimed and ordered in a 10
proceeding-- 11
(a) brought in a court with jurisdiction for the recovery of 12
the amount of compensation claimed; or 13
(b) for an alleged offence against this Act the investigation 14
of which gave rise to the claim for compensation. 15
(4) A court may order the payment of compensation only if it is 16
satisfied it is just to make the order in the circumstances of the 17
particular case. 18
(5) In considering whether it is just to order compensation, the 19
court must have regard to any relevant biosecurity offence 20
committed by the claimant. 21
(6) A regulation may prescribe other matters that may, or must, be 22
taken into account by the court when considering whether it is 23
just to order compensation. 24
(7) The requirement under this division that a board employee, in 25
exercising a power of the board, must take all reasonable steps 26
to cause as little inconvenience, and do as little damage, as 27
possible does not provide a statutory right of compensation 28
other than is provided by this section. 29
(8) In this section-- 30
exercise, of a power, by a board employee includes-- 31
(a) the exercise of a power for the board employee; and 32
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Chapter 16 Invasive animal barrier fencing
Part 2 The barrier fence
[s 506]
(b) the purported exercise of a power by or for the board 1
employee. 2
loss includes costs and damage. 3
506 Directing restoration of barrier fence 4
(1) This section applies if the barrier fence board reasonably 5
believes a person has unlawfully damaged, or made an 6
opening in, the barrier fence. 7
(2) The board may, by written notice given to the person, require 8
the person, by the reasonable date stated in the notice, to 9
restore the barrier fence to the condition it was in before the 10
fence was damaged or opened. 11
(3) The notice must be accompanied by, or include, an 12
information notice about the board's decision to make the 13
requirement. 14
(4) If the person does not comply with the notice, the board 15
may-- 16
(a) carry out the restoration; and 17
(b) recover from the person the board's reasonable costs of 18
carrying out the restoration. 19
Division 3 Offences about the barrier fence 20
507 Damaging, or making openings in, the barrier fence 21
A person must not, without reasonable excuse-- 22
(a) damage the barrier fence; or 23
(b) make an opening in the barrier fence, other than under 24
an agreement under this part about making the opening. 25
Maximum penalty--50 penalty units. 26
Page 368
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Chapter 17 Miscellaneous
[s 508]
508 Obstructing inspection or maintenance of barrier fence 1
A person must not, without reasonable excuse, build a 2
structure, excavate land or carry out another activity near the 3
barrier fence if the structure, excavation or carrying out of the 4
activity is likely to obstruct the inspection or maintenance of 5
the fence. 6
Maximum penalty--50 penalty units. 7
509 Closing gates 8
A person must close a gate in the barrier fence immediately 9
after using the gate, unless the person has a reasonable excuse. 10
Maximum penalty--50 penalty units. 11
Chapter 17 Miscellaneous 12
510 Inconsistencies in scientific name or common name for 13
relevant biosecurity matter 14
(1) This section applies if an authoritative document refers to 15
relevant biosecurity matter by a scientific name or common 16
name that varies in a minor way from the scientific name or 17
common name given to the relevant biosecurity matter under 18
this Act. 19
(2) The relevant biosecurity matter mentioned in the authoritative 20
document is taken to be the same relevant biosecurity matter 21
under this Act. 22
(3) In this section-- 23
authoritative document means a document, including a 24
scientific journal, that lists the scientific name or common 25
name of prohibited matter or restricted matter. 26
relevant biosecurity matter means any of the following-- 27
(a) prohibited matter; 28
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Chapter 17 Miscellaneous
[s 511]
(b) restricted matter; 1
(c) controlled biosecurity matter; 2
(d) regulated biosecurity matter. 3
511 Confidentiality of information 4
(1) This section applies to a person who is, or was-- 5
(a) the chief executive; or 6
(b) a chief executive officer; or 7
(c) an inspector; or 8
(d) an authorised person; or 9
(e) a director of the barrier fence board or a board 10
employee; or 11
(f) another person involved in administering this Act or a 12
repealed Act, including, for example, an officer or 13
employee of the department or an employee of a local 14
government. 15
(2) The person must not disclose confidential information gained 16
by the person in administering or performing a function under 17
this Act or a repealed Act. 18
Maximum penalty--50 penalty units. 19
(3) However, the person may disclose confidential information 20
if-- 21
(a) the disclosure is for a purpose under this Act; or 22
(b) the disclosure is for the purpose of minimising 23
biosecurity risks in the State or another State and the 24
disclosure is to any of the following-- 25
(i) the State; 26
(ii) a department; 27
(iii) an entity, established under an Act, that deals with 28
matters relating to biosecurity; 29
(iv) a local government; 30
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Chapter 17 Miscellaneous
[s 512]
(v) the Commonwealth or another State, or an entity of 1
the Commonwealth or another State; or 2
(c) the disclosure is with the consent of the person to whom 3
the information relates; or 4
(d) the disclosure is otherwise required or permitted by law. 5
(4) In this section-- 6
confidential information means information, other than 7
information that is publicly available-- 8
(a) about a person's personal affairs or reputation; or 9
(b) that would be likely to damage the commercial activities 10
of a person to whom the information relates. 11
512 Delegation by chief executive 12
(1) The chief executive may delegate the chief executive's 13
functions under this Act to an appropriately qualified public 14
service employee. 15
(2) Subsection (1) does not apply to the following functions of the 16
chief executive-- 17
(a) making an emergency prohibited matter declaration; 18
(b) making a biosecurity emergency order; 19
(c) making a movement control order; 20
(d) acting under the authority of biosecurity zone regulatory 21
provisions to provide for either or both of the 22
following-- 23
(i) the establishment of particular areas within a 24
biosecurity zone; 25
(ii) the application, in relation to areas mentioned in 26
subparagraph (i), or areas otherwise established 27
under the biosecurity zone regulatory provisions, 28
of lesser restrictions than would otherwise apply 29
under the biosecurity zone regulatory provisions; 30
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Chapter 17 Miscellaneous
[s 513]
(e) authorising a surveillance program or a prevention and 1
control program. 2
(3) In this section-- 3
appropriately qualified, for a public service employee to 4
whom a function may be delegated, includes having the 5
qualifications, experience or standing appropriate for the 6
function. 7
Example of standing for a public service employee-- 8
the employee's classification or level in a department or agency 9
functions includes powers. 10
513 Protecting officials from liability 11
(1) An official does not incur civil liability for an act done, or 12
omission made, honestly and without negligence under this 13
Act. 14
(2) If subsection (1) prevents a civil liability attaching to an 15
official, the liability attaches instead to-- 16
(a) if the official is the chief executive officer of a local 17
government, an authorised person appointed by the 18
chief executive officer of a local government or a person 19
acting under the direction of an authorised person 20
appointed by the chief executive officer of a local 21
government--the local government; or 22
(b) otherwise--the State. 23
(3) For this section, it does not matter what is the form of 24
appointment or employment of a person who is a public 25
service officer or public service employee. 26
(4) In this section-- 27
civil liability includes liability for the payment of costs 28
ordered to be paid in a proceeding for an offence against this 29
Act. 30
official means-- 31
(a) the Minister; or 32
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Chapter 17 Miscellaneous
[s 514]
(b) the chief executive; or 1
(c) a chief executive officer; or 2
(d) an authorised officer; or 3
(e) a person acting under the direction of an authorised 4
officer; or 5
(f) a director of the barrier fence board; or 6
(g) a board employee; or 7
(h) a person acting under the direction of a board employee; 8
or 9
(i) a public service officer or public service employee, 10
including a public service officer or public service 11
employee acting as an auditor or accredited certifier 12
under this Act. 13
514 Public officials for Police Powers and Responsibilities 14
Act 15
The following persons are declared to be public officials for 16
the Police Powers and Responsibilities Act 2000-- 17
(a) the chief executive; 18
(b) a chief executive officer; 19
(c) an authorised officer; 20
(d) a director of the barrier fence board; 21
(e) a board employee. 22
515 When regulatory impact statement not required 23
(1) This section applies despite the Statutory Instruments Act 24
1992, section 43. 25
(2) A regulatory impact statement need not be prepared for 26
proposed subordinate legislation if the proposed legislation 27
provides, or to the extent it provides, only for-- 28
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Chapter 17 Miscellaneous
[s 516]
(a) the declaration of particular biosecurity matter as 1
prohibited matter; or 2
(b) the declaration of particular biosecurity matter 3
mentioned in schedule 1, or declared to be prohibited 4
matter under an emergency prohibited matter 5
declaration, no longer to be prohibited matter. 6
516 Limitation of review 7
(1) Unless there is a determination by the Supreme Court that the 8
chief executive's decision to make a biosecurity response 9
instrument is affected by jurisdictional error, a relevant 10
matter-- 11
(a) is final and conclusive; and 12
(b) can not be challenged, appealed against, reviewed, 13
quashed, set aside or called into question in another way, 14
under the Judicial Review Act 1991 or otherwise 15
(whether by the Supreme Court, another court, a tribunal 16
or another entity); and 17
(c) is not subject to any writ or order of the Supreme Court, 18
another court, a tribunal or another entity on any ground. 19
(2) Without limiting subsection (1), a person may not bring a 20
proceeding for an injunction, or for any writ, declaration or 21
other order, to stop or otherwise restrain the performance of a 22
relevant act. 23
(3) This section does not stop a person from bringing a 24
proceeding to recover damages for loss or damage caused 25
by-- 26
(a) a negligent act or omission in the performance of an act; 27
or 28
(b) an unlawful act. 29
(4) Subsection (5) applies if the Supreme Court makes a 30
determination of jurisdictional error as mentioned in 31
subsection (1). 32
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Chapter 17 Miscellaneous
[s 516]
(5) Without limiting what the court may take into account in 1
deciding whether to make an order, or the terms of any order it 2
may make, the court may take into account any of the 3
following-- 4
(a) the ability of the court to assess the level of the 5
biosecurity risk at which the biosecurity response 6
instrument is directed; 7
(b) the effect that an order of the court would have on 8
preventing the impact on a biosecurity consideration of 9
a biosecurity risk; 10
(c) the urgency of the matter the subject of the biosecurity 11
response instrument; 12
(d) the desirability of the court delaying the issue of an 13
order that would prevent implementation of the chief 14
executive's decision for a period sufficient to allow the 15
emergency nature of the circumstances to abate. 16
(6) In this section-- 17
biosecurity response instrument means an emergency 18
prohibited matter declaration, a biosecurity emergency order 19
or a movement control order. 20
decision includes-- 21
(a) conduct engaged in to make a decision; and 22
(b) conduct related to making a decision; and 23
(c) failure to make a decision. 24
relevant act means an act directed or authorised, or 25
purportedly directed or authorised, under a biosecurity 26
response instrument as made or purportedly made. 27
relevant matter means-- 28
(a) the chief executive's decision to make a biosecurity 29
response instrument; or 30
(b) the making or purported making of a biosecurity 31
response instrument; or 32
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Chapter 17 Miscellaneous
[s 517]
(c) a biosecurity response instrument as made or 1
purportedly made; or 2
(d) the performance or purported performance of a relevant 3
act; or 4
(e) an obligation to perform a relevant act. 5
517 Service of documents 6
(1) If a document is required or permitted under this Act to be 7
given to a person, the document may be given to the person by 8
facsimile transmission directed and sent to-- 9
(a) the last transmission number given to the giver of the 10
document by the person as the facsimile transmission 11
number for service of documents on the person; or 12
(b) the facsimile transmission number operated-- 13
(i) at the address of the person last known to the giver 14
of the document; or 15
(ii) if the person is a corporation, at the corporation's 16
registered office under the Corporations Act; or 17
(iii) if the person is an incorporated association, at the 18
association's nominated address under the 19
Associations Incorporation Act 1981. 20
(2) A document given under subsection (1) is taken to have been 21
given on the day the document is transmitted. 22
518 Application of Acts to local governments 23
This Act and, for the purposes of this Act, other Acts apply to 24
a local government in the same way as they apply to a body 25
corporate. 26
519 Review of Act 27
The Minister must review the efficacy and efficiency of this 28
Act within 5 years after its commencement. 29
Page 376
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Chapter 18 Repeal, savings and transitional provisions
Part 1 Repeal of Acts
[s 520]
520 Approval of forms 1
The chief executive may approve forms for use under this Act. 2
521 Regulation-making power 3
(1) The Governor in Council may make regulations under this 4
Act. 5
(2) A regulation may be made about the following-- 6
(a) fees payable under this Act; 7
(b) ways in which a person's general biosecurity obligation 8
can be discharged to prevent or minimise a biosecurity 9
risk; 10
(c) measures to prevent or control the spread of biosecurity 11
matter; 12
(d) ways of destroying, demolishing or disposing of 13
biosecurity matter or a carrier; 14
(e) maximum acceptable levels of contaminants in carriers; 15
(f) imposing a penalty of no more than 20 penalty units for 16
contravention of a provision of a regulation. 17
Chapter 18 Repeal, savings and 18
transitional provisions 19
Part 1 Repeal of Acts 20
522 Repeal of Acts 21
The following Acts are repealed-- 22
(a) Agricultural Standards Act 1994, No. 79; 23
Page 377
Biosecurity Bill 2011
Chapter 18 Repeal, savings and transitional provisions
Part 2 Savings and transitional provisions
[s 523]
(b) Apiaries Act 1982, No. 29; 1
(c) Diseases in Timber Act 1975, No. 49; 2
(d) Exotic Diseases in Animals Act 1981, No. 13; 3
(e) Land Protection (Pest Management) Act 2002, No. 12; 4
(f) Plant Protection Act 1989, No. 14; 5
(g) Stock Act 1915, 6 Geo 5, No. 16. 6
Part 2 Savings and transitional 7
provisions 8
Division 1 Purposes, definitions and general 9
approach 10
523 Main purposes of pt 2 11
The main purposes of this part are-- 12
(a) to provide for provisions of this Act that are 13
substantially the same as repealed provisions of a 14
repealed Act to be dealt with as replacements of the 15
repealed provisions; and 16
(b) without limiting paragraph (a), if a matter was dealt with 17
in a repealed Act, by providing for something to be dealt 18
with under the repealed Act, to provide for the 19
continuation of the matters under this Act; and 20
(c) to provide for matters that were not dealt with in a 21
repealed Act that are dealt with under this Act. 22
524 Definitions for pt 2 23
In this part-- 24
Page 378
Biosecurity Bill 2011
Chapter 18 Repeal, savings and transitional provisions
Part 2 Savings and transitional provisions
[s 525]
commencement means the day this section commences. 1
corresponding provision, for a previous provision of a 2
repealed Act, means a provision of this Act that is 3
substantially the same as or equivalent to the previous 4
provision of the repealed Act. 5
made includes given and issued. 6
obligation includes duty. 7
previous, for a stated provision of a repealed Act that includes 8
a number, means the provision of the repealed Act with that 9
number immediately before the commencement. 10
previous provision, of a repealed Act, means a provision of 11
the repealed Act, as in force immediately before the 12
commencement. 13
protection includes a statement to the effect of any of the 14
following-- 15
(a) that there is no liability; 16
(b) that there is no invalidity; 17
(c) that a person has an entitlement. 18
525 Document, action, obligation or protection under 19
previous provision of repealed Act 20
(1) This section applies to any of the following-- 21
(a) a document made or kept under a previous provision of 22
a repealed Act if the document continued to have effect 23
or was in force immediately before the commencement; 24
(b) an action done under a previous provision of a repealed 25
Act if the action continued to have effect immediately 26
before the commencement; 27
(c) an entity's obligation under a previous provision of a 28
repealed Act if the obligation applied to the entity 29
immediately before the commencement; 30
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(d) an entity's protection under a previous provision of a 1
repealed Act that applied to the entity immediately 2
before the commencement. 3
(2) Subject to a specific provision of this Act in relation to the 4
document, action, obligation or protection, if there is a 5
corresponding provision for the previous provision, the 6
document, action, obligation or protection-- 7
(a) continues in force or to have effect according to its 8
terms; and 9
(b) may be taken to have been made, kept or done under the 10
corresponding provision. 11
(3) Subsection (2)(b) applies whether or not the previous 12
provision refers to the document, action, obligation or 13
protection by reference to a provision of the repealed Act. 14
Note-- 15
Other provisions of this part include examples of the operation of this 16
section. 17
526 Things continued in force under repealed Act 18
(1) This section applies to a thing (the thing) that happened under 19
an Act other than a repealed Act but that, under a previous 20
provision of a repealed Act, continued to have effect. 21
(2) If the thing is in effect immediately before the 22
commencement, the thing continues to have effect under this 23
Act. 24
(3) Matters in relation to the thing are to be done under this Act 25
unless a previous provision of a repealed Act provides 26
otherwise, and for that purpose, the provision continues to 27
have effect. 28
(4) This section does not limit section 525 or another provision of 29
this part about the thing. 30
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[s 527]
527 Terminology in things mentioned in s 525(1) 1
(1) This section applies to a document (the relevant document) 2
that is-- 3
(a) a document mentioned in section 525(1); or 4
(b) evidence of a document, action, obligation or protection 5
mentioned in section 525(1). 6
(2) A reference in the relevant document to a document, action, 7
obligation or protection mentioned in section 525(1) is to be 8
read, if the context permits and with the necessary changes to 9
terminology, as if the document, action, obligation or 10
protection were made, kept, done or otherwise provided for 11
under this Act. 12
Example for subsection (2)-- 13
An instrument of appointment given under a repealed Act by the chief 14
executive to an inspector limiting the powers of the inspector is to be 15
read as if the instrument limited the powers of the inspector under this 16
Act. 17
528 Period stated in previous provision 18
(1) This section applies if, in a previous provision of a repealed 19
Act, there is a period for doing something, and the period for 20
doing the thing started but did not finish before the 21
commencement. 22
(2) If there is a corresponding provision to the previous provision 23
of the repealed Act and both the corresponding provision and 24
the previous provision provide for the same period, the period 25
for doing the thing continues to have started from when the 26
period started under the previous provision but ends under the 27
corresponding provision. 28
529 Period or date stated in document given under previous 29
provision 30
(1) This section applies if-- 31
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[s 530]
(a) a previous provision of a repealed Act provided for a 1
document to be made under it; and 2
(b) there is a corresponding provision to the previous 3
provision; and 4
(c) under the previous provision and before the 5
commencement, a document was given to a person, 6
whether or not the person had received the document 7
before the commencement. 8
Example for paragraph (c)-- 9
a notice under the Land Protection (Pest Management) Act 2002, 10
previous section 270, that states a period within which a person 11
who is in control of a thing to be seized must take the thing to a 12
place stated in the notice 13
(2) If the document stated a period for doing something-- 14
(a) the stated period continues to apply for doing the thing; 15
and 16
(b) the period continues to have started from when the 17
period started under the previous provision of the 18
repealed Act. 19
(3) If the document stated a day before which, or by which, a 20
thing is to be done (however expressed), the thing must be 21
done by the stated day. 22
530 Action happening before commencement may be 23
relevant to proceeding for particular acts or omissions 24
(1) An action mentioned in section 525(1)(b) is not precluded 25
from having relevance to a proceeding relating to a 26
contravention of a provision of this Act involving an act or 27
omission that happened after the commencement. 28
(2) This section does not limit the Acts Interpretation Act 1954, 29
section 20C. 30
(3) In this section-- 31
contravention includes an alleged contravention. 32
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[s 531]
531 Acts Interpretation Act 1954, s 20 not limited 1
This chapter does not limit the Acts Interpretation Act 1954, 2
section 20. 3
Division 2 Transitional provisions relating to 4
particular provisions of repealed 5
Acts 6
Subdivision 1 Examples for chapter 2 7
532 Examples for ch 2 of documents under s 525 8
For the operation of chapter 2, the following are examples of a 9
document mentioned in section 525(1)(a) for matters dealt 10
with under a repealed Act-- 11
(a) a regulation declaring a pest to be a serious pest under 12
the Plant Protection Act 1989, previous section 6P(1); 13
(b) a gazette notice under the Plant Protection Act 1989, 14
previous section 6P(2). 15
533 Example for ch 2 of actions under s 525 16
For the operation of chapter 2, declaring a pest to be a serious 17
pest under the Plant Protection Act 1989, previous section 6P 18
is an example of an action mentioned in section 525(1)(b) for 19
matters dealt with under a repealed Act. 20
534 Examples for ch 2 of obligations under s 525 21
For the operation of chapter 2, an obligation under a previous 22
provision of a repealed Act to report the presence of a disease 23
mentioned in schedule 1 is an example of an obligation 24
mentioned in section 525(1)(c) for matters dealt with under a 25
repealed Act. 26
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[s 535]
Examples of previous provisions-- 1
· the Diseases in Timber Act 1975, previous section 10 2
· the Exotic Diseases in Animals Act 1981, previous section 8 3
535 Example for ch 2 of protections under s 525 4
For the operation of chapter 2, the statement that a person 5
does not commit an offence of feeding a declared pest animal 6
in particular circumstances under the Land Protection (Pest 7
Management) Act 2002, previous section 40(2), is an example 8
of a protection mentioned in section 525(1)(d) for matters 9
dealt with under a repealed Act. 10
Subdivision 2 Examples for chapter 3 11
536 Examples for ch 3 of documents under s 525 12
For the operation of chapter 3, the following are examples of a 13
document mentioned in section 525(1)(a) for matters dealt 14
with under a repealed Act-- 15
(a) a pest management plan under the Land Protection (Pest 16
Management) Act 2002, previous section 25; 17
(b) a notice under the Land Protection (Pest Management) 18
Act 2002, previous section 184, directing a local 19
government to take action. 20
537 Examples for ch 3 of actions under s 525 21
For the operation of chapter 3, the following are examples of 22
an action mentioned in section 525(1)(b) for matters dealt 23
with under a repealed Act-- 24
(a) a direction under the Land Protection (Pest 25
Management) Act 2002, previous section 184 by the 26
Minister to a local government for the local government 27
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[s 538]
to perform a function or obligation under the repealed 1
Act; 2
(b) the performance of a function by the chief executive 3
under the Land Protection (Pest Management) Act 2002, 4
previous section 185. 5
538 Examples for ch 3 of obligations under s 525 6
For the operation of chapter 3, the following are examples of 7
an obligation mentioned in section 525(1)(c) for matters dealt 8
with under a repealed Act-- 9
(a) a requirement under the Land Protection (Pest 10
Management) Act 2002, previous section 25 for a local 11
government to have a plan for managing particular pests 12
in its local government area; 13
(b) a requirement under the Land Protection (Pest 14
Management) Act 2002, previous section 27 for a local 15
government to establish a working group to advise the 16
local government about preparing a draft plan; 17
(c) a requirement under the Land Protection (Pest 18
Management) Act 2002, previous section 35 to make a 19
pest management plan under that Act available for 20
inspection; 21
(d) a requirement under the Land Protection (Pest 22
Management) Act 2002, previous section 187, for a local 23
government to make annual payments. 24
539 Example for ch 3 of protections under s 525 25
For the operation of chapter 3, an entitlement under the Land 26
Protection (Pest Management) Act 2002, previous section 28, 27
to make submissions about a draft plan is an example of a 28
protection mentioned in section 525(1)(d) for matters dealt 29
with under a repealed Act. 30
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[s 540]
Subdivision 3 Examples for chapter 4 1
540 Examples for ch 4 of documents under s 525 2
For the operation of chapter 4, the following are examples of a 3
document mentioned in section 525(1)(a) for matters dealt 4
with under a repealed Act-- 5
(a) a guideline under a previous provision of a repealed Act; 6
Examples of previous provisions-- 7
· the Land Protection (Pest Management) Act 2002, previous 8
section 15 9
· the Stock Act 1915, previous section 21E 10
(b) an intergovernmental agreement under the Plant 11
Protection Act 1989, previous section 21L. 12
541 Example for ch 4 of actions under s 525 13
For the operation of chapter 4, entering into an agreement 14
under the Plant Protection Act 1989, previous section 21L is 15
an example of an action mentioned in section 525(1)(b) for 16
matters dealt with under a repealed Act. 17
542 Example for ch 4 of obligations under s 525 18
For the operation of chapter 4, a requirement under the Land 19
Protection (Pest Management) Act 2002, previous section 16 20
to make a guideline available for inspection is an example of 21
an obligation mentioned in section 525(1)(c) for matters dealt 22
with under a repealed Act. 23
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[s 543]
Subdivision 4 Examples for chapter 5 1
543 Examples for ch 5 of documents under s 525 2
For the operation of chapter 5, the following are examples of a 3
document mentioned in section 525(1)(a) for matters dealt 4
with under a repealed Act-- 5
(a) a notice under the Plant Protection Act 1989, previous 6
section 8 prohibiting the introduction of a particular pest 7
into the State; 8
(b) a notice that an area is in quarantine under a previous 9
provision of a repealed Act; 10
Examples of previous provisions-- 11
· the Exotic Diseases in Animals Act 1981, previous section 9 12
· the Plant Protection Act 1989, previous section 11 13
(c) a notice under a previous provision of a repealed Act 14
imposing duties or obligations on owners or occupiers 15
of land. 16
Examples of previous provisions-- 17
· the Exotic Diseases in Animals Act 1981, previous section 18
10A 19
· the Plant Protection Act 1989, previous section 11 20
544 Examples for ch 5 of actions under s 525 21
For the operation of chapter 5, the following are examples of 22
an action mentioned in section 525(1)(b) for matters dealt 23
with under a repealed Act-- 24
(a) the notification of an area under the Exotic Diseases in 25
Animals Act 1981, previous section 18 to be a control 26
area for an exotic disease within the meaning of that 27
Act; 28
(b) the giving of a direction under the Plant Protection Act 29
1989, previous section 13; 30
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[s 545]
(c) the giving or producing of a document under the Plant 1
Protection Act 1989, previous section 11E. 2
545 Examples for ch 5 of obligations under s 525 3
For the operation of chapter 5, the following are examples of 4
an obligation mentioned in section 525(1)(c) for matters dealt 5
with under a repealed Act-- 6
(a) an obligation under a previous provision of a repealed 7
Act to comply with a notice prohibiting or restricting 8
movement of a particular thing; 9
Examples of previous provisions-- 10
· the Exotic Diseases in Animals Act 1981, previous section 11
10A 12
· the Plant Protection Act 1989, previous section 11 13
(b) an obligation under a previous provision of a repealed 14
Act to carry out stated activities in a particular area. 15
Examples of previous provisions-- 16
· the Exotic Diseases in Animals Act 1981, previous section 17
12 18
· the Plant Protection Act 1989, previous section 11 19
546 Examples for ch 5 of protections under s 525 20
For the operation of chapter 5, the following are examples of a 21
protection mentioned in section 525(1)(d) for matters dealt 22
with under a repealed Act-- 23
(a) a protection under the Plant Protection Act 1989, 24
previous section 13 of a reasonable excuse for 25
noncompliance with a direction; 26
(b) a protection under the Plant Protection Act 1989, 27
previous section 11F that evidence derived from a 28
document given by the individual is not admissible in 29
evidence against the individual in any civil or criminal 30
proceeding. 31
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[s 547]
Subdivision 5 Examples for chapter 6 1
547 Example for ch 6 of documents under s 525 2
For the operation of chapter 6, a register under the Stock Act 3
1915, previous schedule 1, section 15 is an example of a 4
document mentioned in section 525(1)(a) for matters dealt 5
with under a repealed Act. 6
548 Examples for ch 6 of actions under s 525 7
For the operation of chapter 6, the following are examples of 8
an action mentioned in section 525(1)(b) for matters dealt 9
with under a repealed Act-- 10
(a) applying under the Apiaries Act 1982, previous section 11
7 for registration as a beekeeper; 12
(b) cancelling a registration as a beekeeper under the 13
Apiaries Act 1982, previous section 10. 14
549 Examples for ch 6 of obligations under s 525 15
For the operation of chapter 6, an obligation under a previous 16
provision of a repealed Act for particular entities or places to 17
be registered is an example of an obligation mentioned in 18
section 525(1)(c) for matters dealt with under a repealed Act. 19
Examples of previous provisions-- 20
· the Apiaries Act 1982, previous section 7 21
· the Plant Protection Act 1989, previous section 7 22
· the Stock Act 1915, previous schedule 1, section 15 23
550 Example for ch 6 of protections under s 525 24
For the operation of chapter 6, the statement under the 25
Apiaries Act 1982, previous section 8 that the chief executive 26
may permit an applicant for renewal of registration as a 27
beekeeper to act as if the applicant has obtained registration if 28
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[s 551]
the application for renewal has not been decided is an example 1
of a protection mentioned in section 525(1)(d) for matters 2
dealt with under a repealed Act. 3
Subdivision 6 Examples for chapter 7 4
551 Examples for ch 7 of documents under s 525 5
For the operation of chapter 7, a permit under a previous 6
provision of a repealed Act is an example of a document 7
mentioned in section 525(1)(a) for matters dealt with under a 8
repealed Act. 9
Examples of previous provisions-- 10
· the Apiaries Act 1982, previous section 9 11
· the Land Protection (Pest Management) Act 2002, previous section 12
61 13
552 Examples for ch 7 of actions under s 525 14
For the operation of chapter 7, the following are examples of 15
an action mentioned in section 525(1)(b) for matters dealt 16
with under a repealed Act-- 17
(a) applying for a permit under a previous provision of a 18
repealed Act; 19
Examples of previous provisions-- 20
· the Apiaries Act 1982, previous section 9 21
· the Land Protection (Pest Management) Act 2002, previous 22
section 58 23
(b) applying for renewal of a permit under the Land 24
Protection (Pest Management) Act 2002, previous 25
section 58; 26
(c) imposing conditions on a permit under the Land 27
Protection (Pest Management) Act 2002, previous 28
section 62; 29
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[s 553]
(d) requiring the applicant for a permit to give the chief 1
executive further information or documents under the 2
Land Protection (Pest Management) Act 2002, previous 3
section 59. 4
553 Examples for ch 7 of obligations under s 525 5
For the operation of chapter 7, the following are examples of 6
an obligation mentioned in section 525(1)(c) for matters dealt 7
with under a repealed Act-- 8
(a) an obligation under the Land Protection (Pest 9
Management) Act 2002, previous section 62 to keep 10
records about a pest to which a permit relates if keeping 11
the record is a condition of the permit; 12
(b) an obligation under the Land Protection (Pest 13
Management) Act 2002, previous section 72 in 14
particular circumstances to dispose of a pest to which a 15
permit relates. 16
554 Examples for ch 7 of protections under s 525 17
For the operation of chapter 7, a protection under the Land 18
Protection (Pest Management) Act 2002, previous section 72, 19
of a reasonable excuse for noncompliance with a notice 20
requiring disposal of a declared pest under that Act is an 21
example of a protection mentioned in section 525(1)(d) for 22
matters dealt with under a repealed Act. 23
Subdivision 7 Examples for chapter 8 24
555 Examples for ch 8 of documents under s 525 25
For the operation of chapter 8, the following are examples of a 26
document mentioned in section 525(1)(a) for matters dealt 27
with under a repealed Act-- 28
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[s 556]
(a) an authorisation under the Plant Protection Act 1989, 1
previous section 20B of a program for surveillance of a 2
thing mentioned in the authorisation; 3
(b) a program under the Stock Act 1915, previous section 30 4
to eradicate particular matter. 5
556 Example for ch 8 of actions under s 525 6
For the operation of chapter 8, an inspector exercising powers 7
to monitor movement of plants in an area the subject of a 8
program for surveillance under the Plant Protection Act 1989, 9
previous section 20E is an example of an action mentioned in 10
section 525(1)(b) for matters dealt with under a repealed Act. 11
557 Examples for ch 8 of obligations under s 525 12
For the operation of chapter 8, the following are examples of 13
an obligation mentioned in section 525(1)(c) for matters dealt 14
with under a repealed Act-- 15
(a) an obligation under the Plant Protection Act 1989, 16
previous section 20B that the chief executive ensure 17
each inspector who is proposed to act under a program 18
for surveillance of a thing is informed of particular 19
things relating to the program; 20
(b) an obligation under the Stock Act 1915, previous section 21
30 not to interfere with a step taken by an inspector 22
under a program. 23
Subdivision 8 Examples for chapter 9 24
558 Examples for ch 9 of documents under s 525 25
For the operation of chapter 9, the following are examples of a 26
document mentioned in section 525(1)(a) for matters dealt 27
with under a repealed Act-- 28
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[s 559]
(a) an identity card issued to an inspector or authorised 1
person under a previous provision of a repealed Act; 2
Examples of previous provisions-- 3
· the Exotic Diseases in Animals Act 1981, previous section 4
19C 5
· the Stock Act 1915, previous section 4F 6
(b) an acknowledgement given under the Land Protection 7
(Pest Management) Act 2002, previous section 252 of 8
consent for an inspector or authorised person to enter a 9
place; 10
(c) a warrant issued under a previous provision of a 11
repealed Act; 12
Examples of previous provisions-- 13
· the Land Protection (Pest Management) Act 2002, previous 14
section 255 15
· the Plant Protection Act 1989, previous section 20 16
(d) a notice under the Land Protection (Pest Management) 17
Act 2002, previous section 270 requiring a person to 18
take a thing to be seized to a stated place; 19
(e) a notice under the Apiaries Act 1982, previous section 20
27(9) requiring a person to give a document; 21
(f) a receipt for a seized thing under the Land Protection 22
(Pest Management) Act 2002, previous section 271; 23
(g) an information notice under the Land Protection (Pest 24
Management) Act 2002, previous section 63. 25
559 Examples for ch 9 of actions under s 525 26
For the operation of chapter 9, the following are examples of 27
an action mentioned in section 525(1)(b) for matters dealt 28
with under a repealed Act-- 29
(a) the appointment of an inspector or authorised person 30
under a previous provision of a repealed Act; 31
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[s 560]
Examples of previous provisions-- 1
· the Apiaries Act 1982, previous section 3 2
· the Stock Act 1915, previous section 4D 3
(b) the giving of a direction under the Stock Act 1915, 4
previous section 33. 5
560 Examples for ch 9 of obligations under s 525 6
For the operation of chapter 9, the following are examples of 7
an obligation mentioned in section 525(1)(c) for matters dealt 8
with under a repealed Act-- 9
(a) an obligation under a previous provision of a repealed 10
Act for a person to return the person's identity card to 11
the chief executive if the office of the person as an 12
inspector ends; 13
Examples of previous provisions-- 14
· the Exotic Diseases in Animals Act 1981, previous section 15
19G 16
· the Stock Act 1915, previous section 4J 17
(b) an obligation under a previous provision of a repealed 18
Act requiring a person to give information or produce a 19
document; 20
Examples of previous provisions-- 21
· the Agricultural Standards Act 1994, previous section 35 22
· the Exotic Diseases in Animals Act 1981, previous section 23
23 24
· the Apiaries Act 1982, previous section 27 25
(c) an obligation under the Land Protection (Pest 26
Management) Act 2002, previous section 285 for an 27
authorised person to give notice of the particulars of 28
damage to anything; 29
(d) a requirement under the Land Protection (Pest 30
Management) Act 2002, previous section 270 to take a 31
thing to be seized to a stated place; 32
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[s 561]
(e) an obligation under a previous provision of a repealed 1
Act to return a seized thing to the person from whom it 2
is seized or its owner; 3
Examples of previous provisions-- 4
· the Agricultural Standards Act 1994, previous section 29 5
· the Land Protection (Pest Management) Act 2002, previous 6
section 272 7
(f) an obligation under a previous provision of a repealed 8
Act to allow an owner of a seized thing to inspect the 9
thing; 10
Examples of previous provisions-- 11
· the Agricultural Standards Act 1994, previous section 28 12
· the Land Protection (Pest Management) Act 2002, previous 13
section 273 14
(g) a requirement under the Land Protection (Pest 15
Management) Act 2002, previous section 16 to make a 16
particular document available for inspection. 17
561 Examples for ch 9 of protections under s 525 18
For the operation of chapter 9, the following are examples of a 19
protection mentioned in section 525(1)(d) for matters dealt 20
with under a repealed Act-- 21
(a) a right for a person to claim compensation under a 22
previous provision of a repealed Act; 23
Examples of previous provisions-- 24
· the Agricultural Standards Act 1994, previous section 41 25
· the Land Protection (Pest Management) Act 2002, previous 26
section 302 27
(b) the statement in the Plant Protection Act 1989, previous 28
section 20AA that evidence that may tend to incriminate 29
an individual, derived from information the individual is 30
compelled to give, is not admissible in proceedings as 31
mentioned in that provision; 32
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[s 562]
(c) a protection under a previous provision of a repealed 1
Act of a reasonable excuse for noncompliance with a 2
requirement; 3
Examples of previous provisions-- 4
· the Exotic Diseases in Animals Act 1981, previous section 5
38 6
· the Plant Protection Act 1989, previous section 19 7
(d) a statement under the Apiaries Act 1982, previous 8
section 32 that an inspector is not liable for damage 9
caused in particular circumstances. 10
Subdivision 9 Examples for chapter 10 11
562 Examples for ch 10 of documents under s 525 12
For the operation of chapter 10, an application for 13
compensation under a previous provision of a repealed Act is 14
an example of a document mentioned in section 525(1)(a) for 15
matters dealt with under a repealed Act. 16
Examples of previous provisions-- 17
· the Diseases in Timber Act 1975, previous section 11 18
· the Exotic Diseases in Animals Act 1981, previous section 30 19
· the Stock Act 1915, previous section 31 20
563 Examples for ch 10 of actions under s 525 21
For the operation of chapter 10, the payment of compensation 22
in particular circumstances under a previous provision of a 23
repealed Act is an example of an action mentioned in section 24
525(1)(b) for matters dealt with under a repealed Act. 25
Examples of previous provisions-- 26
· the Exotic Diseases in Animals Act 1981, previous section 29 27
· the Stock Act 1915, previous section 17 28
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[s 564]
564 Example for ch 10 of obligations under s 525 1
For the operation of chapter 10, an obligation under the Stock 2
Act 1915, previous section 31 for a person applying for 3
compensation to apply in the way prescribed is an example of 4
an obligation mentioned in section 525(1)(c) for matters dealt 5
with under a repealed Act. 6
565 Examples for ch 10 of protections under s 525 7
For the operation of chapter 10, the statement that a person is 8
entitled to compensation for loss or damage in particular 9
circumstances under a previous provision of a repealed Act is 10
an example of a protection mentioned in section 525(1)(d) for 11
matters dealt with under a repealed Act. 12
Examples of previous provisions-- 13
· the Diseases in Timber Act 1975, previous section 11 14
· the Plant Protection Act 1989, previous section 14 15
Subdivision 10 Examples for chapter 11 16
566 Examples for ch 11 of documents under s 525 17
For the operation of chapter 11, the following are examples of 18
a document mentioned in section 525(1)(a) for matters dealt 19
with under a repealed Act-- 20
(a) a certificate under a previous provision of a repealed Act 21
purporting to be signed by the chief executive stating a 22
particular matter; 23
Examples of previous provisions-- 24
· the Agricultural Standards Act 1994, previous section 61 25
· the Land Protection (Pest Management) Act 2002, previous 26
section 293 27
(b) an order under the Land Protection (Pest Management) 28
Act 2002, previous section 295 requiring a person 29
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[s 567]
convicted of an offence to pay the State or local 1
government the costs of taking particular action. 2
567 Examples for ch 11 of actions under s 525 3
For the operation of chapter 11, the following are examples of 4
an action mentioned in section 525(1)(b) for matters dealt 5
with under a repealed Act-- 6
(a) applying for internal review of a decision under the 7
Agricultural Standards Act 1994, previous section 48; 8
(b) the giving by QCAT of a stay of a decision under the 9
Agricultural Standards Act 1994, previous section 50, if 10
an application is made for an internal review of the 11
decision. 12
568 Examples for ch 11 of obligations under s 525 13
For the operation of chapter 11, an obligation under a previous 14
provision of a repealed Act for an executive officer of a 15
corporation to ensure the corporation complies with the 16
repealed Act is an example of an obligation mentioned in 17
section 525(1)(c) for matters dealt with under a repealed Act. 18
Examples of previous provisions-- 19
· the Exotic Diseases in Animals Act 1981, previous section 42 20
· the Plant Protection Act 1989, previous section 29A 21
569 Examples for ch 11 of protections under s 525 22
For the operation of chapter 11, the following are examples of 23
a protection mentioned in section 525(1)(d) for matters dealt 24
with under a repealed Act-- 25
(a) a defence for an executive officer of a corporation in a 26
previous provision of a repealed Act to the offence of 27
failing to ensure the corporation complies with a 28
repealed Act; 29
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[s 570]
Examples of previous provisions-- 1
· the Exotic Diseases in Animals Act 1981, previous section 2
42 3
· the Plant Protection Act 1989, previous section 29A 4
(b) the right to apply for an internal review of a decision 5
made under a previous provision of a repealed Act; 6
Examples of previous provisions-- 7
· the Agricultural Standards Act 1994, previous section 47 8
· the Plant Protection Act 1989, previous section 21M 9
(c) the right to apply for a stay of a decision the subject of 10
an application for internal review under the Agricultural 11
Standards Act 1994, previous section 50. 12
Subdivision 11 Examples for chapter 12 13
570 Examples for ch 12 of documents under s 525 14
For the operation of chapter 12, a direction or an order under a 15
previous provision of a repealed Act to destroy a particular 16
thing is an example of a document mentioned in section 17
525(1)(a) for matters dealt with under a repealed Act. 18
Examples of previous provisions-- 19
· the Plant Protection Act 1989, previous section 14 20
· the Stock Act 1915, previous section 15 21
571 Examples for ch 12 of actions under s 525 22
For the operation of chapter 12, the giving of an order under 23
the Exotic Diseases in Animals Act 1981, previous section 12 24
is an example of an action mentioned in section 525(1)(b) for 25
matters dealt with under a repealed Act. 26
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[s 572]
572 Examples for ch 12 of obligations under s 525 1
For the operation of chapter 12, the following are examples of 2
an obligation mentioned in section 525(1)(c) for matters dealt 3
with under a repealed Act-- 4
(a) an obligation under the Stock Act 1915, previous section 5
15 to destroy a particular thing; 6
(b) a requirement under a previous provision of a repealed 7
Act to comply with an order. 8
Examples of previous provisions-- 9
· the Exotic Diseases in Animals Act 1981, previous section 10
19 11
· the Stock Act 1915, previous section 37 12
573 Example for ch 12 of protections under s 525 13
For the operation of chapter 12, a statement under the Plant 14
Protection Act 1989, previous section 14 that a person is not 15
required to comply with a direction or order if the person has a 16
reasonable excuse is an example of a protection mentioned in 17
section 525(1)(d) for matters dealt with under a repealed Act. 18
Subdivision 12 Examples for chapter 13 19
574 Examples for ch 13 of documents under s 525 20
For the operation of chapter 13, the following are examples of 21
a document mentioned in section 525(1)(a) for matters dealt 22
with under a repealed Act-- 23
(a) a certificate under a previous provision of a repealed Act 24
that makes a statement about the existence of a fact; 25
Examples of previous provisions-- 26
· the Apiaries Act 1982, previous section 27 27
· the Plant Protection Act 1989, previous section 21 28
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[s 575]
(b) an application for the grant of an accreditation under the 1
Plant Protection Act 1989, previous section 21A; 2
(c) a register of persons accredited under the Plant 3
Protection Act 1989, previous section 21D. 4
575 Examples for ch 13 of actions under s 525 5
For the operation of chapter 13, the following are examples of 6
an action mentioned in section 525(1)(b) for matters dealt 7
with under a repealed Act-- 8
(a) giving a certificate under the Plant Protection Act 1989, 9
previous section 21 by a person who is accredited to 10
give the certificate; 11
(b) granting an accreditation under the Plant Protection Act 12
1989, previous section 21A; 13
(c) imposing conditions on an accreditation under the Plant 14
Protection Act 1989, previous section 21C. 15
576 Examples for ch 13 of obligations under s 525 16
For the operation of chapter 13, the following are examples of 17
an obligation mentioned in section 525(1)(c) for matters dealt 18
with under a repealed Act-- 19
(a) an obligation under the Plant Protection Act 1989, 20
previous section 19A to pay a fee for the provision of a 21
certificate; 22
(b) an obligation under the Plant Protection Act 1989, 23
previous section 21B to give an applicant for an 24
accreditation a notice of a decision to refuse to grant the 25
accreditation. 26
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[s 577]
Subdivision 13 Examples for chapter 15 1
577 Example for ch 15 of documents under s 525 2
For the operation of chapter 15, a notice given under the Plant 3
Protection Act 1989, previous section 21G is, if the chief 4
executive proposes to cancel, suspend or amend an 5
accreditation, an example of a document mentioned in section 6
525(1)(a) for matters dealt with under a repealed Act. 7
578 Example for ch 15 of actions under s 525 8
For the operation of chapter 15, cancelling, suspending or 9
amending an accreditation under the Plant Protection Act 10
1989, previous section 21G is an example of an action 11
mentioned in section 525(1)(b) for matters dealt with under a 12
repealed Act. 13
579 Examples for ch 15 of obligations under s 525 14
For the operation of chapter 15, the following are examples of 15
an obligation mentioned in section 525(1)(c) for matters dealt 16
with under a repealed Act-- 17
(a) an obligation under the Plant Protection Act 1989, 18
previous section 21G to give notice of cancelling, 19
suspending or amending an accreditation; 20
(b) an obligation under the Plant Protection Act 1989, 21
previous section 21H to return a cancelled, suspended or 22
amended accreditation in particular circumstances. 23
580 Example for ch 15 of protections under s 525 24
For the operation of chapter 15, a protection under the Plant 25
Protection Act 1989, previous section 21H of a reasonable 26
excuse for noncompliance with a notice to return a cancelled, 27
suspended or amended accreditation is an example of a 28
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[s 581]
protection mentioned in section 525(1)(d) for matters dealt 1
with under a repealed Act. 2
Subdivision 14 Examples for chapter 17 3
581 Example for ch 17 of documents under s 525 4
For the operation of chapter 17, a document containing 5
confidential information about a person that must not be 6
disclosed under the Land Protection (Pest Management) Act 7
2002, previous section 224B other than for particular purposes 8
is an example of a document mentioned in section 525(1)(a) 9
for matters dealt with under a repealed Act. 10
582 Example for ch 17 of actions under s 525 11
For the operation of chapter 17, a limitation under the Plant 12
Protection Act 1989, previous section 11B on the review of 13
particular decisions and actions is an example of an action 14
mentioned in section 525(1)(b) for matters dealt with under a 15
repealed Act. 16
583 Examples for ch 17 of obligations under s 525 17
For the operation of chapter 17, an obligation under the Land 18
Protection (Pest Management) Act 2002, previous section 19
224B not to disclose confidential information gained by a 20
person in administering or performing a function under the 21
repealed Act is an example of an obligation mentioned in 22
section 525(1)(c) for matters dealt with under a repealed Act. 23
584 Examples for ch 17 of protections under s 525 24
For the operation of chapter 17, a statement under a previous 25
provision of a repealed Act that a particular person does not 26
incur civil liability for an act done, or omission made, 27
honestly and without negligence under the repealed Act is an 28
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[s 585]
example of a protection mentioned in section 525(1)(d) for 1
matters dealt with under a repealed Act. 2
Examples of previous provisions-- 3
· the Agricultural Standards Act 1994, previous section 65 4
· the Land Protection (Pest and Stock Route Management) Act 2002, 5
previous section 307 6
· the Plant Protection Act 1989, previous section 28 7
Division 3 Transitional provisions relating to 8
repealed Acts--general matters 9
585 Div 3 prevails over div 2 10
If a provision of this division is inconsistent with division 2, 11
the provision prevails to the extent of the inconsistency. 12
586 Existing inspectors 13
(1) This section applies to a person who-- 14
(a) before the commencement, was appointed under a 15
repealed Act as an inspector; and 16
(b) still held the appointment immediately before the 17
commencement. 18
Note-- 19
The relevant repealed Acts are the Agricultural Standards Act 1994, the 20
Apiaries Act 1982, the Exotic Diseases in Animals Act 1981, the Plant 21
Protection Act 1989 and the Stock Act 1915. 22
(2) On the commencement, the person is taken to hold office 23
under this Act as an inspector for this Act on the conditions 24
stated in the person's instrument of appointment under the 25
repealed Act. 26
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[s 587]
587 Existing inspectors under Chemical Usage (Agricultural 1
and Veterinary) Control Act 1988 2
(1) This section applies to a person who-- 3
(a) before the commencement, was appointed under the 4
Chemical Usage (Agricultural and Veterinary) Control 5
Act 1988 as an inspector; and 6
(b) still held the appointment immediately before the 7
commencement. 8
(2) On the commencement-- 9
(a) the person's appointment as an inspector under the 10
Chemical Usage (Agricultural and Veterinary) Control 11
Act 1988 continues; and 12
(b) the person is taken to hold office under this Act as an 13
inspector for this Act on the conditions stated in the 14
person's instrument of appointment under the Chemical 15
Usage (Agricultural and Veterinary) Control Act 1988. 16
588 Existing authorised persons 17
(1) This section applies to a person who-- 18
(a) before the commencement, was appointed under a 19
repealed Act as an authorised person; and 20
(b) still held the appointment immediately before the 21
commencement. 22
Note-- 23
The relevant repealed Acts are the Land Protection (Pest Management) 24
Act 2002 and the Plant Protection Act 1989. 25
(2) On the commencement, the person is taken to hold office 26
under this Act as an authorised person for this Act on the 27
conditions stated in the person's instrument of appointment 28
under the repealed Act. 29
Note-- 30
See, however, section 645. 31
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[s 589]
589 Existing forest officers 1
(1) This section applies to a person who-- 2
(a) before the commencement, was appointed under the 3
Forestry Act 1959 as a forest officer; and 4
(b) still held the appointment immediately before the 5
commencement. 6
Note-- 7
A forest officer under the repealed Diseases in Timber Act 1975 is a 8
forest officer appointed under the Forestry Act 1959. 9
(2) On the commencement-- 10
(a) the person's appointment as a forest officer under the 11
Forestry Act 1959 continues; and 12
(b) the person is taken to hold office under this Act as an 13
authorised person for this Act on the conditions stated in 14
the person's instrument of appointment under the 15
Forestry Act 1959. 16
590 Existing applications 17
An application made under a previous provision of a repealed 18
Act and not decided on the commencement-- 19
(a) if there is a corresponding provision for the previous 20
provision--must be decided under the corresponding 21
provision; or 22
(b) otherwise--must be taken to have lapsed and any fee 23
paid by the applicant for the application must be 24
refunded in full to the applicant. 25
591 Existing permits 26
A permit granted under a repealed Act and in force 27
immediately before the commencement, continues in force 28
from the commencement for the period stated in the permit, 29
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[s 592]
unless it is sooner cancelled, as if this Act had not been 1
enacted. 2
592 Existing exemptions 3
If, immediately before the commencement, a person was 4
exempted from a previous provision of a repealed Act, on the 5
commencement-- 6
(a) if there is a corresponding provision for the previous 7
provision--the person is taken to be exempted from the 8
corresponding provision; or 9
(b) otherwise--the exemption continues to apply according 10
to its terms as if this Act had not been enacted. 11
593 Declarations, directions, notices, orders and requests 12
made by the Minister or chief executive 13
(1) This section applies to a declaration, direction, notice, order 14
or request (a relevant notification) made by the Minister or 15
chief executive under a previous provision of a repealed Act 16
before the commencement and in force or effect immediately 17
before the commencement if there is no corresponding 18
provision for the previous provision. 19
(2) The relevant notification-- 20
(a) continues to apply after the commencement according 21
to its terms; and 22
(b) may be varied, revoked or otherwise dealt with, and 23
enforced, as if this Act had not been enacted. 24
(3) If the relevant notification imposed an obligation on an entity 25
immediately before the commencement, the obligation 26
continues to apply according to its terms as if this Act had not 27
been enacted. 28
(4) If the relevant notification states a period for doing 29
something-- 30
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[s 594]
(a) the stated period continues to apply for doing the thing; 1
and 2
(b) the period continues to have started from when the 3
period started under the previous provision of the 4
repealed Act. 5
(5) If the relevant notification stated a day before which, or by 6
which, a thing is to be done (however expressed), the thing 7
must be done by the stated day. 8
594 Existing directions, notices and orders given by 9
inspectors or authorised persons 10
(1) This section applies to a direction, notice or order given 11
before the commencement to a person by an inspector or 12
authorised person under a previous provision of a repealed 13
Act, whether or not the person had received the direction, 14
notice or order before the commencement, if there is no 15
corresponding provision for the previous provision. 16
(2) If the direction, notice or order imposed an obligation on the 17
person immediately before the commencement, the obligation 18
continues to apply according to its terms as if this Act had not 19
been enacted. 20
(3) If the direction, notice or order stated a period for doing 21
something-- 22
(a) the stated period continues to apply for doing the thing; 23
and 24
(b) the period continues to have started from when the 25
period started under the previous provision of the 26
repealed Act. 27
(4) If the direction, notice or order stated a day before which, or 28
by which, a thing is to be done (however expressed), the thing 29
must be done by the stated day. 30
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Chapter 18 Repeal, savings and transitional provisions
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[s 595]
595 Existing approvals and other authorities 1
(1) This section applies to an approval or other authority given 2
before the commencement to a person under a previous 3
provision of a repealed Act, whether or not the person had 4
received the approval or other authority before the 5
commencement, if there is no corresponding provision for the 6
previous provision. 7
(2) If the approval or other authority granted a right to the person 8
immediately before the commencement, the approval or other 9
authority continues to apply according to its terms as if this 10
Act had not been enacted. 11
(3) If conditions were imposed on the approval or other authority 12
before the commencement, the conditions continue to apply to 13
the approval or other authority. 14
(4) If the approval or other authority stated a period for doing 15
something-- 16
(a) the stated period continues to apply for doing the thing; 17
and 18
(b) the period continues to have started from when the 19
period started under the previous provision of the 20
repealed Act. 21
(5) If the approval or other authority stated a day before which, or 22
by which, a thing is to be done (however expressed), the thing 23
must be done by the stated day. 24
596 Continuing obligation to give a person notice of 25
existence of a fact 26
(1) This section applies if-- 27
(a) a person is required under a previous provision of a 28
repealed Act to give a person notice of the existence of a 29
fact; and 30
(b) there is no corresponding provision for the previous 31
provision; and 32
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[s 597]
(c) immediately before the commencement, the person had 1
not given the notice. 2
(2) The obligation to give the notice continues to apply according 3
to its terms as if this Act had not been enacted. 4
Example for subsection (1)(b)-- 5
Under the Apiaries Act 1982, previous section 23, a beekeeper is 6
required to notify an inspector of the presence of a disease as defined 7
under that Act within 48 hours of becoming aware of or suspecting the 8
existence of the disease. If the disease is not a prohibited disease or 9
category 1 or category 2 restricted matter under this Act, and the 10
Apiaries Act 1982 is repealed before the 48 hours has ended, the 11
obligation to report the presence of the disease continues to apply to the 12
beekeeper despite the repeal of the Apiaries Act 1982 and even though 13
the beekeeper is not required to report the presence of the disease under 14
this Act. 15
597 Proceedings for recovery of costs and charges 16
If, immediately before the commencement, an entity has a 17
right under a previous provision of a repealed Act to recover 18
from another entity costs or charges payable by the other 19
entity, the right continues as if this Act had not been enacted. 20
598 Proceedings for payment of compensation 21
If, immediately before the commencement, an entity has a 22
right under a previous provision of a repealed Act to claim 23
compensation from another entity for loss or expenses 24
incurred by the entity, the right continues as if this Act had not 25
been enacted. 26
599 Existing guidelines 27
A guideline prepared or issued under a repealed Act in 28
relation to a previous provision of the repealed Act is, from 29
the commencement, taken to be a guideline made by the chief 30
executive under this Act for the corresponding provision for 31
the previous provision. 32
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Chapter 18 Repeal, savings and transitional provisions
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[s 600]
600 Record-keeping requirements 1
(1) This section applies if-- 2
(a) a previous provision of a repealed Act requires a 3
document to be kept; and 4
(b) there is no corresponding provision for the previous 5
provision. 6
(2) The document must be kept under the repealed provision as if 7
this Act had not been enacted. 8
(3) If a previous provision of the repealed Act states a way of 9
keeping the document, the document must be kept in the way 10
stated. 11
(4) If a previous provision of the repealed Act states a period for 12
keeping the document-- 13
(a) the stated period continues to apply for doing the thing; 14
and 15
(b) the period continues to have started from when the 16
period started under the previous provision of the 17
repealed Act. 18
601 Warrants 19
A warrant issued under a repealed Act and in force 20
immediately before the commencement is taken to be a 21
warrant validly issued under this Act and continues in force, 22
subject to any condition or limitation on its issue and with 23
necessary changes. 24
602 Offences 25
(1) Proceedings for an offence against a previous provision of a 26
repealed Act may be continued or started despite the repeal of 27
the repealed Act, and the provisions of the repealed Act 28
necessary or convenient to be used in relation to the 29
proceedings continue to apply as if this Act had not been 30
enacted. 31
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[s 603]
(2) For subsection (1), the Acts Interpretation Act 1954, section 1
20 applies, but does not limit the subsection. 2
603 Protection of officials from liability continues 3
(1) The protection under a previous provision of a repealed Act 4
that an official does not incur civil liability for an act done, or 5
omission made, honestly and without negligence under the 6
repealed Act continues under this Act if the protection applied 7
to the official immediately before the commencement. 8
(2) If subsection (1) prevents a civil liability attaching to an 9
official, the liability attaches instead to-- 10
(a) if the official was the chief executive officer of a local 11
government, an authorised person appointed by the 12
chief executive officer of a local government or a person 13
acting under the direction of an authorised person 14
appointed by the chief executive officer of a local 15
government--the local government; or 16
(b) otherwise--the State. 17
(3) For this section, it does not matter what is the form of 18
appointment or employment of a person who is a public 19
service officer or public service employee. 20
(4) In this section-- 21
civil liability includes liability for the payment of costs 22
ordered to be paid in a proceeding for an offence against a 23
repealed Act. 24
official means-- 25
(a) the Minister; or 26
(b) the chief executive; or 27
(c) a chief executive officer; or 28
(d) an authorised officer; or 29
(e) a person acting under the direction of an authorised 30
officer; or 31
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[s 604]
(f) a director of a pest operational board; or 1
(g) an employee of a pest operational board; or 2
(h) a person acting under the direction of an employee of a 3
pest operational board; or 4
(i) a public service officer or public service employee, 5
including a public service officer or public service 6
employee acting under the repealed Act in substantially 7
the same or equivalent role as an auditor or accredited 8
certifier under this Act. 9
604 Reviews and appeals 10
(1) A review or appeal under a previous provision of a repealed 11
Act relating to a matter under the previous provision that has 12
started but not been finalised before the commencement may 13
continue as if this Act had not been enacted. 14
(2) A right of appeal under a previous provision of a repealed Act 15
relating to a decision on a review mentioned in subsection (1) 16
continues as if this Act had not been enacted. 17
(3) If, immediately before the commencement, a person has a 18
right of review or appeal under a previous provision of a 19
repealed Act relating to a matter under the previous provision, 20
the right continues as if this Act had not been enacted. 21
605 References in Acts and documents 22
A reference in an Act or document to a previous provision of a 23
repealed Act may, if the context permits, be taken as a 24
reference to the corresponding provision for the previous 25
provision. 26
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[s 606]
Division 4 Transitional provisions about 1
particular matters for repealed 2
provisions of Acts 3
Subdivision 1 Preliminary 4
606 Div 4 prevails over divs 2 and 3 5
Division 4 applies despite anything to the contrary in division 6
2 or 3. 7
607 Definitions for div 4 8
In this division-- 9
amended Act means-- 10
(a) for subdivision 4--the Chemical Usage (Agricultural 11
and Veterinary) Control Act 1988; or 12
(b) for subdivision 7--the Fisheries Act 1994. 13
repealed Act means-- 14
(a) for subdivision 2--the repealed Agricultural Standards 15
Act 1994; or 16
(b) for subdivision 3--the repealed Apiaries Act 1982; or 17
(c) for subdivision 5--the repealed Diseases in Timber Act 18
1975; or 19
(d) for subdivision 6--the repealed Exotic Diseases in 20
Animals Act 1981; or 21
(e) for subdivision 8--the repealed Land Protection (Pest 22
Management) Act 2002; or 23
(f) for subdivision 9--the repealed Plant Protection Act 24
1989; or 25
(g) for subdivision 10--the repealed Stock Act 1915. 26
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Chapter 18 Repeal, savings and transitional provisions
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[s 608]
Subdivision 2 Transitional provisions for 1
Agricultural Standards Act 1994 2
608 Standards about agriculture 3
A standard about agriculture made by the chief executive 4
under the repealed Act, section 5, and in force immediately 5
before the commencement is, from the commencement, taken 6
to be of no effect. 7
609 Persons appointed as analysts 8
(1) This section applies if-- 9
(a) a person was appointed before the commencement by 10
the chief executive under the repealed Act, section 15, as 11
an analyst; and 12
(b) still held the appointment immediately before the 13
commencement. 14
(2) On the commencement, the person's appointment as an 15
analyst under the repealed Act ends. 16
610 Destruction of agricultural requirement 17
(1) This section applies if-- 18
(a) an inspector enters a place under the repealed Act, 19
section 36, and requires the occupier of the place to 20
make the agricultural requirement, within the meaning 21
of the repealed Act, harmless; and 22
(b) immediately before the commencement, the person had 23
not complied with the inspector's requirement. 24
(2) On the commencement, the inspector's requirement is taken 25
to be a biosecurity order given by an inspector under section 26
363 in the same terms as the requirement given under the 27
amended Act. 28
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Chapter 18 Repeal, savings and transitional provisions
Part 2 Savings and transitional provisions
[s 611]
Subdivision 3 Transitional provisions for Apiaries 1
Act 1982 2
611 Delayed application of ch 6, pt 2 to registered beekeepers 3
(1) A person who is a registered beekeeper under the repealed Act 4
immediately before the commencement continues from the 5
commencement to be a registered beekeeper until 31 March 6
first occurring after the commencement unless the person's 7
registration is sooner cancelled under the repealed Act, 8
section 10, or otherwise ends. 9
(2) From the commencement, the repealed Act, section 7(7), 10
continues to apply to the certificate issued to the person under 11
that section while the registration remains in force. 12
(3) The requirement to be registered under chapter 6, part 2 does 13
not apply to a person in relation to the keeping of bees while 14
the person's registration as a registered beekeeper for the 15
keeping of approximately the same number of bees continues 16
under subsection (1). 17
612 Permit granted under repealed Act, s 8 18
A permit granted under the repealed Act, section 8, and in 19
force immediately before the commencement, continues in 20
force from the commencement for the period stated in the 21
permit, unless it is sooner cancelled, as if this Act had not 22
been enacted. 23
613 Applications for permits, and existing permits, to bring 24
bees or hives into Queensland 25
(1) Subsection (2) applies to an application made under the 26
repealed Act, section 9, for a permit to bring bees or hives into 27
Queensland and not decided immediately before the 28
commencement. 29
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[s 614]
(2) From the commencement, the repealed Act, section 9, 1
continues to apply to the application as if this Act had not 2
been enacted. 3
(3) A permit granted under the repealed Act, section 9, and in 4
force immediately before the commencement continues in 5
force from the commencement for the period stated in the 6
permit as if this Act had not been enacted. 7
(4) From the commencement, the repealed Act, section 9 8
continues to apply to the permit while it remains in force. 9
614 Classification of apiaries certificates 10
A certificate issued under the repealed Act, section 11, and in 11
force immediately before the commencement is of no effect 12
from the commencement. 13
615 Encroachment of apiary class A upon another apiary 14
(1) This section applies if the chief executive prohibits under the 15
repealed Act, section 12(1) or 13(1) the establishment of an 16
apiary class A in or upon premises or a place and the 17
prohibition is in force immediately before the 18
commencement. 19
(2) From the commencement, the prohibition is of no effect. 20
616 Permit to establish apiary--repealed Act, s 13(2) 21
(1) A permit issued under the repealed Act, section 13(2), and in 22
force immediately before the commencement, continues in 23
force from the commencement for the period stated in the 24
permit as if this Act had not been enacted. 25
(2) From the commencement, the repealed Act, section 13 26
continues to apply to the permit while it remains in force. 27
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[s 617]
617 Continuing obligation to give chief executive notice of 1
sale of apiary or part of apiary 2
(1) This section applies if-- 3
(a) a person is required under the repealed Act, section 16, 4
to give the chief executive notice of the sale of an apiary 5
or part of an apiary owned by the person; and 6
(b) immediately before the commencement, the person had 7
not given the notice. 8
(2) From the commencement, the obligation to give the notice 9
within 14 days after selling the apiary, or part of the apiary, 10
continues as if this Act had not been enacted. 11
618 Marking or branding of hives 12
(1) This section applies to a registered mark or number issued 13
under the repealed Act to a person who maintained an apiary 14
immediately before the commencement. 15
(2) From the commencement, the mark or number is taken to be 16
the HIN allocated to the person under section 147 for the 17
person's hives. 18
619 Lodging returns and furnishing lists under the repealed 19
Act, s 27 20
(1) Subsection (2) applies if-- 21
(a) before the commencement, a person is required under 22
the repealed Act, section 27(6), to lodge a return; and 23
(b) immediately before the commencement, the person has 24
not lodged the return. 25
(2) The repealed Act, section 27(6) and (8), continues to apply to 26
the person from the commencement as if this Act had not been 27
enacted, and the period for lodging the return-- 28
(a) continues to apply for lodging the return; and 29
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(b) continues to have started from when the period started 1
under previous section 27(6). 2
(3) Subsection (4) applies if-- 3
(a) before the commencement, a person is required under 4
the repealed Act, section 27(7), to furnish a list; and 5
(b) immediately before the commencement, the person has 6
not furnished the list. 7
(4) The repealed Act, section 27(8) continues to apply to the 8
person from the commencement as if this Act had not been 9
enacted, and the period stated in the request to furnish the 10
list-- 11
(a) continues to apply for furnishing the list; and 12
(b) continues to have started from when the period started 13
under the repealed Act, section 27(7). 14
Subdivision 4 Transitional provisions for Chemical 15
Usage (Agricultural and Veterinary) 16
Control Act 1988 17
620 Notice to recall particular prescribed substances 18
(1) This section applies if-- 19
(a) before the commencement, the chief executive gives a 20
person a notice under the amended Act, section 14(1), to 21
take the steps and do the acts stated in the notice to 22
recall a prescribed substance under that section; and 23
(b) the prescribed substance has in or on it the residue of a 24
chemical that is a contaminant; and 25
(c) immediately before the commencement, the person has 26
not complied with the notice. 27
(2) The requirement to take the steps and do the acts stated in the 28
notice continue to apply from the commencement as if this 29
Act had not been enacted. 30
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(3) The amended Act, section 14(3), continues to apply to the 1
person. 2
621 Notifying contaminants 3
(1) This section applies if-- 4
(a) before the commencement, a person has an obligation 5
under the amended Act, section 15, to notify the 6
standards officer under that Act of a particular fact 7
stated in that section relating to agricultural produce or 8
manufactured stock food; and 9
(b) the obligation relates to the residue of a chemical that is 10
a contaminant in or on the agricultural produce or 11
manufactured stock food; and 12
(c) immediately before the commencement, the person had 13
not complied with the obligation. 14
(2) From the commencement-- 15
(a) the obligation to notify the standards officer of the fact 16
is taken to be an obligation under section 46 to notify an 17
inspector of the fact; and 18
(b) the stated period continues to apply for notifying the 19
inspector; and 20
(c) the period continues to have started from when the 21
period started under the amended Act, section 15. 22
622 Dealing with prescribed substances relating to 23
contaminants 24
(1) This section applies if-- 25
(a) before the commencement, the standards officer or an 26
inspector gives a person a notice under the amended 27
Act, section 16(1) or (2), not to take particular action 28
other than as permitted by the notice; and 29
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(b) the notice relates to a residue of a chemical that is a 1
contaminant; and 2
(c) immediately before the commencement, the person had 3
not complied with the notice. 4
(2) From the commencement-- 5
(a) the notice is taken to be a biosecurity order given by an 6
inspector under section 363 in the same terms as the 7
notice given under the amended Act; and 8
(b) the stated period continues to apply for taking the 9
action; and 10
(c) the period continues to have started from when the 11
period started under the amended Act, section 16. 12
623 Approvals relating to contaminants 13
(1) This section applies if-- 14
(a) before the commencement, the standards officer gives a 15
person an approval under the amended Act, section 17; 16
and 17
(b) the approval relates to a residue of a chemical that is a 18
contaminant; and 19
(c) immediately before the commencement, the approval 20
was still in force. 21
(2) From the commencement-- 22
(a) the approval continues to apply according to its terms as 23
if this Act had not been enacted; and 24
(b) if conditions were imposed on the approval before the 25
commencement, the conditions continue to apply to the 26
approval; and 27
(c) the amended Act, section 17(5) continues to apply to the 28
person as if this Act had not been enacted. 29
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624 Destruction of things relating to contaminants 1
(1) This section applies if-- 2
(a) before the commencement, the chief executive gives a 3
person a notice under the amended Act, section 18, 4
directing the person to cause the things to be destroyed 5
or otherwise disposed of; and 6
(b) the notice relates to a residue of a chemical that is a 7
contaminant; and 8
(c) immediately before the commencement, the person had 9
not complied with the notice. 10
(2) From the commencement-- 11
(a) the notice is taken to be a biosecurity order given by an 12
inspector under section 363 in the same terms as the 13
notice given under the amended Act; and 14
(b) the stated period continues to apply for taking the 15
action; and 16
(c) the period continues to have started from when the 17
period started under the amended Act, section 18. 18
(3) If, before the commencement, the standards officer took 19
action under the amended Act, section 19, any amount owed 20
by a person to the standards officer under that section 21
becomes on the commencement a debt payable by the person 22
to the chief executive. 23
Subdivision 5 Transitional provisions for Diseases 24
in Timber Act 1975 25
625 Notice given to occupier or owner after declaration of 26
infected area 27
(1) This section applies if-- 28
(a) before the commencement-- 29
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(i) an infected area is declared under the repealed Act, 1
section 4(1)(b); and 2
(ii) the chief executive had given the occupier or owner 3
of a place in the infected area a notice under the 4
repealed Act, section 8; and 5
(b) immediately before the commencement, the measures 6
stated in the notice for the extermination or the 7
prevention or control of the dissemination of the disease 8
the subject of the declaration have not been taken. 9
(2) The chief executive may, from the commencement, take the 10
measures stated in the notice as if this Act had not been 11
enacted. 12
(3) If the notice states that the chief executive requires the place 13
to be vacated and the place is a dwelling house, the repealed 14
Act, section 9, applies to the chief executive as if this Act had 15
not been enacted. 16
Subdivision 6 Transitional provisions for Exotic 17
Diseases in Animals Act 1981 18
626 Infected premises 19
(1) This section applies if-- 20
(a) under the repealed Act, section 9, an inspector has 21
placed an area in quarantine; and 22
(b) immediately before the commencement, the area is still 23
in quarantine. 24
(2) On the commencement-- 25
(a) the repealed Act, section 9(2), continues to apply to the 26
area in quarantine as if this Act had not been enacted; 27
and 28
(b) the period for which the area is in quarantine under the 29
repealed Act, section 9(1B), or as extended under the 30
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repealed Act, section 9(2), whether before or after 1
commencement, continues to apply to the area; and 2
(c) the period continues to have started from when the 3
period started under the repealed Act, section 9; and 4
(d) a reference to an inspector in the repealed Act, section 5
9(3), is taken to be a reference to an inspector under this 6
Act. 7
627 Notifications of restricted areas 8
(1) This section applies if-- 9
(a) under the repealed Act, section 10, the Minister has by 10
notice notified an area to be a restricted area for an 11
exotic disease stated in the notice; and 12
(b) immediately before the commencement, the notice is 13
still in force. 14
(2) On the commencement-- 15
(a) the notice is taken to be a regulation made under section 16
114 that includes biosecurity zone regulatory 17
provisions; and 18
(b) the restricted area is taken to be a biosecurity zone under 19
the biosecurity zone regulatory provisions; and 20
(c) the exotic disease under the repealed Act is taken to be 21
regulated biosecurity matter for the biosecurity zone 22
regulatory provisions; and 23
(d) a notice under the repealed Act, section 10A, declaring 24
movement of particular things within, into or out of the 25
restricted area to be restricted is taken to be the 26
biosecurity zone regulatory provisions or part of the 27
provisions. 28
628 Existing licences for restricted movements 29
(1) This section applies if-- 30
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(a) under the repealed Act, section 11, a person holds a 1
licence that allows a restricted movement for a restricted 2
area; and 3
(b) immediately before the commencement, the licence is 4
still in force. 5
(2) On the commencement, the licence-- 6
(a) continues in effect for the period stated in the licence as 7
if this Act had not been enacted unless it is sooner 8
revoked under the repealed Act, section 11(3); and 9
(b) is subject to the conditions imposed on the licence when 10
the licence was issued. 11
(3) From the commencement, the repealed Act, section 11(3) and 12
(4) continues to apply as if this Act had not been enacted. 13
Subdivision 7 Transitional provisions for Fisheries 14
Act 1994 15
629 Declared disease relating to contaminant 16
(1) This section applies if-- 17
(a) under the amended Act, section 94 or 97, a declaration 18
or regulation-- 19
(i) prescribes a concentration level for a chemical 20
residue that is a contaminant; and 21
(ii) declares that a chemical residue over the 22
prescribed concentration level for the residue is a 23
declared disease under that Act; and 24
(b) immediately before the commencement, the declaration 25
or regulation is still in force. 26
(2) From the commencement-- 27
(a) the declaration or regulation is taken to be a regulation 28
made under section 521(2)(e); and 29
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(b) the declared disease is taken to be a contaminant in an 1
amount more than the maximum acceptable level in a 2
carrier. 3
630 Declared disease relating to residue other than 4
contaminant 5
(1) This section applies if-- 6
(a) under the amended Act, section 94 or 97, a declaration 7
or regulation-- 8
(i) prescribes a concentration level for a chemical 9
residue (other than a contaminant) or an antibiotic 10
residue; and 11
(ii) declares that a residue over the prescribed 12
concentration level for the residue is a declared 13
disease under that Act; and 14
(b) immediately before the commencement, the declaration 15
or regulation is still in force. 16
(2) From the commencement, the declaration or regulation is 17
taken to be a regulation made under the Chemical Usage 18
(Agricultural and Veterinary) Control Act 1988, section 19
38(2)(b), prescribing the maximum residue limit for the 20
chemical residue or antibiotic residue in-- 21
(a) the tissue of a trade species animal within the meaning 22
of that Act; or 23
(b) a product derived from a trade species animal. 24
631 Declared quarantine area relating to contaminant 25
(1) This section applies if-- 26
(a) under the amended Act, section 95 or 97, the chief 27
executive or a regulation declares an area to be a 28
declared quarantine area in relation to a declared disease 29
in the area; and 30
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(b) the declared disease is a chemical residue that is a 1
contaminant; and 2
(c) immediately before the commencement, the declaration 3
or regulation is still in force. 4
(2) From the commencement-- 5
(a) the declaration or regulation is taken to be a regulation 6
made under this Act that includes biosecurity zone 7
regulatory provisions; and 8
(b) the declared disease is taken to be regulated biosecurity 9
matter for the biosecurity zone regulatory provisions; 10
and 11
(c) the declared quarantine area is taken to be the area 12
identified under the biosecurity zone regulatory 13
provisions as the biosecurity zone; and 14
(d) any matters relating to the management, control and 15
elimination of the declared disease for which the 16
declaration or regulation provides are taken to be 17
arrangements included in the biosecurity zone 18
regulatory provisions for managing or eradicating the 19
regulated biosecurity matter in relation to the 20
biosecurity zone or areas outside the biosecurity zone. 21
632 Declared quarantine area relating to residue other than 22
contaminant 23
(1) This section applies if-- 24
(a) under the amended Act, section 95 or 97, the chief 25
executive or a regulation declares an area to be a 26
declared quarantine area in relation to a declared disease 27
in the area; and 28
(b) the declared disease is a chemical residue (other than a 29
contaminant) or an antibiotic residue over the prescribed 30
concentration level for the residue; and 31
(c) immediately before the commencement, the declaration 32
or regulation is still in force. 33
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(2) From the commencement, the declaration or regulation is 1
taken to be a regulation made under the Chemical Usage 2
(Agricultural and Veterinary) Control Act 1988, section 3
38(2)(c), regulating the use, storage or possession of any of 4
the following that contains the declared disease-- 5
(a) the tissue of a trade species animal within the meaning 6
of that Act; or 7
(b) a product derived from a trade species animal. 8
633 Emergency disease or quarantine declaration relating to 9
contaminant 10
(1) Subsection (2) applies if-- 11
(a) the chief executive has under the amended Act, section 12
96, made an emergency disease declaration that states 13
the declared disease the subject of the declaration; and 14
(b) the declared disease is a chemical residue that is a 15
contaminant over the prescribed concentration level for 16
the residue; and 17
(c) immediately before the commencement, the declaration 18
is still in force. 19
(2) On the commencement-- 20
(a) the emergency disease declaration is taken to be a 21
regulation made under section 521(2)(e); and 22
(b) the declared disease is taken to be a contaminant in an 23
amount more than the maximum acceptable level in a 24
carrier. 25
(3) Subsection (4) applies if-- 26
(a) the chief executive has under the amended Act, section 27
96, made an emergency quarantine declaration; and 28
(b) the declared disease or other thing identified in the 29
declaration as the reason for making the declaration is a 30
chemical residue that is a contaminant over the 31
prescribed concentration level for the residue; and 32
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(c) immediately before the commencement, the emergency 1
quarantine declaration is still in force. 2
(4) On the commencement-- 3
(a) the emergency quarantine declaration-- 4
(i) is taken to be a biosecurity emergency order made 5
by the chief executive under section 99; and 6
(ii) continues to have effect for the period it would 7
have had effect under the amended Act, section 96; 8
and 9
(b) the area quarantined under the declaration is taken to be 10
the biosecurity emergency area for the biosecurity 11
emergency order; and 12
(c) the declared disease or other thing identified in the 13
declaration is taken to be biosecurity matter associated 14
with the biosecurity event that is the subject of the 15
biosecurity emergency order. 16
634 Emergency disease or quarantine declaration relating to 17
residue other than contaminant 18
(1) Subsection (2) applies if-- 19
(a) the chief executive has under the amended Act, section 20
96, made an emergency disease declaration that states 21
the declared disease the subject of the declaration; and 22
(b) the declared disease is a chemical residue (other than a 23
contaminant) or an antibiotic residue over the prescribed 24
concentration level for the residue; and 25
(c) immediately before the commencement, the declaration 26
is still in force. 27
(2) On the commencement-- 28
(a) the emergency disease declaration-- 29
(i) continues in force as if this Act had not been 30
enacted; and 31
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(ii) continues to have effect for the period it would 1
have had effect under the amended Act, section 96; 2
and 3
(b) the following provisions of the amended Act continue to 4
apply as if this Act had not been enacted-- 5
(i) the amended Act, sections 98, 99, 101 and 103; 6
(ii) any other provision of the amended Act necessary 7
for the provisions to have effect or be enforced. 8
(3) Subsection (4) applies if-- 9
(a) the chief executive has under the amended Act, section 10
96, made an emergency quarantine declaration; and 11
(b) the declared disease or other thing identified in the 12
declaration as the reason for making the declaration is a 13
chemical residue (other than a contaminant) or an 14
antibiotic residue over the prescribed concentration 15
level for the residue; and 16
(c) immediately before the commencement, the emergency 17
quarantine declaration is still in force. 18
(4) On the commencement-- 19
(a) the emergency quarantine declaration-- 20
(i) continues in force as if this Act had not been 21
enacted; and 22
(ii) continues to have effect for the period it would 23
have had effect under the amended Act, section 96; 24
and 25
(b) the following provisions of the amended Act continue to 26
apply as if this Act had not been enacted-- 27
(i) the amended Act, sections 98, 99, 101 and 103; 28
(ii) any other provision of the amended Act necessary 29
for the provisions to have effect or be enforced. 30
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[s 635]
Subdivision 8 Transitional provisions for Land 1
Protection (Pest Management) Act 2
2002 3
635 Existing pest management plans 4
(1) The pest management plan of a local government adopted 5
under the repealed Act, section 30, and in force immediately 6
before the commencement is, from the commencement, taken 7
to be the local government's biosecurity plan for invasive 8
biosecurity matter for its area. 9
(2) The period for which the biosecurity plan has effect, stated in 10
the pest management plan, continues to apply from the 11
commencement as if this Act had not been enacted. 12
(3) However, if the local government renews the plan after the 13
commencement but before the end of the stated period, the 14
pest management plan ceases to have effect immediately 15
before the renewed biosecurity plan commences. 16
636 Preparing, reviewing, renewing and amending pest 17
management plans 18
(1) Subsection (2) applies if-- 19
(a) before the commencement, a local government was 20
preparing its draft pest management plan under the 21
repealed Act, section 27; and 22
(b) immediately before the commencement, the local 23
government had not adopted its plan. 24
(2) From the commencement, the local government must, to the 25
greatest practicable extent, under chapter 3, part 2, division 26
2-- 27
(a) complete preparing its pest management plan as if the 28
draft pest management plan were a draft biosecurity 29
plan; and 30
(b) adopt the biosecurity plan. 31
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(3) Subsection (4) applies if-- 1
(a) before the commencement, a local government was-- 2
(ii) reviewing or renewing its pest management plan 3
under the repealed Act, section 33; or 4
(ii) amending its pest management plan under the 5
repealed Act, section 34; and 6
(b) immediately before the commencement, the local 7
government had not reviewed, renewed or amended its 8
plan. 9
(4) From the commencement, the local government must, to the 10
greatest practicable extent-- 11
(a) review its pest management plan under chapter 3, part 2, 12
division 3, as if the plan were its biosecurity plan; or 13
(b) renew its pest management plan under chapter 3, part 2, 14
division 2, as if the plan were its biosecurity plan; or 15
(c) amend its pest management plan under chapter 3, part 2, 16
division 4, as if the plan were its biosecurity plan. 17
637 Existing emergency pest notices 18
(1) This section applies if-- 19
(a) under the repealed Act, section 37(2), the chief 20
executive has by notice made a declaration under that 21
section for a particular animal or plant; and 22
(b) immediately before the commencement, the notice is 23
still in force. 24
(2) On the commencement, the notice-- 25
(a) is taken to be an emergency prohibited matter 26
declaration, made by the chief executive under chapter 27
2, part 2, declaring the animal or plant to be prohibited 28
matter; and 29
(b) continues to have effect for the period it would have had 30
effect under the repealed Act, section 37(7). 31
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638 Existing agreement to make opening in declared pest 1
fence 2
(1) This section applies to an agreement the building authority 3
entered into under the repealed Act, section 52, with another 4
person about making an opening in a declared pest fence for a 5
particular purpose and period if the agreement is in force 6
immediately before the commencement. 7
(2) On the commencement-- 8
(a) the agreement is taken to be an agreement that the 9
barrier fence board entered into with the person under 10
section 502 in relation to the barrier fence in the same 11
terms as the agreement under the repealed Act; and 12
(b) the stated period under the repealed Act continues to 13
apply; and 14
(c) the period continues to have started from when the 15
period started under the repealed Act. 16
639 Notice directing restoration of declared pest fence 17
(1) This section applies to a notice given before the 18
commencement by the building authority under the repealed 19
Act, section 53 to restore the declared pest fence to the 20
condition it was in before the fence was damaged or opened. 21
(2) From the commencement-- 22
(a) the notice is taken to be a notice given by the barrier 23
fence board under section 506 to restore the barrier 24
fence to the condition it was in before the fence was 25
damaged or opened; and 26
(b) the stated day by which the fence must be restored 27
continues to apply for the restoration; and 28
(c) the notice may be enforced by the barrier fence board. 29
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[s 640]
640 Pest control notices 1
(1) This section applies to a pest control notice given before the 2
commencement by a pest operational board under the 3
repealed Act, section 78. 4
(2) From the commencement-- 5
(a) the notice continues in effect as if this Act had not been 6
enacted; and 7
(b) may be enforced by the chief executive; and 8
(c) the following provisions of the repealed Act continue to 9
apply as if this Act had not been enacted-- 10
(i) the repealed Act, sections 79 and 80; 11
(ii) any other provision of the repealed Act necessary 12
for the provisions to have effect or to be enforced. 13
641 Register of pest control and entry notices 14
(1) The register of pest control notices and entry notices kept 15
under the repealed Act, section 86, by the issuing entity for 16
the notices is, from the commencement, taken to be included 17
in the relevant register of biosecurity orders kept under section 18
369. 19
(2) However, if the register is kept by a pest operational board, the 20
chief executive must keep the register from the 21
commencement. 22
642 Emergency quarantine notices 23
(1) This section applies if-- 24
(a) under the repealed Act, section 90-- 25
(i) the chief executive gives a landowner an 26
emergency quarantine notice; or 27
(ii) the chief executive officer of a local government 28
gives a landowner in the local government's area 29
an emergency quarantine notice; and 30
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[s 643]
(b) immediately before the commencement, the emergency 1
quarantine notice is still in force. 2
(2) On the commencement-- 3
(a) the emergency quarantine notice-- 4
(i) is taken to be a biosecurity emergency order made 5
by the chief executive under section 99; and 6
(ii) continues to have effect for the period it would 7
have had effect under the repealed Act, section 90; 8
and 9
(b) the land to which the notice relates, stated in the notice, 10
is taken to be the biosecurity emergency area for the 11
biosecurity emergency order; and 12
(c) the class 1 or class 2 pest, within the meaning of the 13
repealed Act, that is identified in the notice is taken to 14
be biosecurity matter associated with the biosecurity 15
event the subject of the biosecurity emergency order. 16
(3) Subsection (4) applies if-- 17
(a) the chief executive or the chief executive officer directs 18
an authorised person under the repealed Act, section 91, 19
to take action that a person was required to take under 20
the emergency quarantine notice; and 21
(b) immediately before the commencement, the authorised 22
person has not taken the action. 23
(4) On the commencement-- 24
(a) the authorised person may take the action required under 25
that section; and 26
(b) the repealed Act, sections 93 and 295 continue to apply 27
as if this Act had not been enacted. 28
643 Dissolution of pest operational boards 29
(1) This section applies to a pest operational board. 30
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(2) On the commencement, the pest operational board is 1
dissolved and each person who, immediately before the 2
commencement, was a director of the pest operational board 3
goes out of office. 4
(3) No compensation is payable to a director because of 5
subsection (2). 6
(4) On the commencement-- 7
(a) the pest operational board's assets and liabilities are 8
transferred to and become the assets and liabilities of the 9
barrier fence board; and 10
(b) any amount owed by a person to the pest operational 11
board becomes a debt payable by the person to the 12
barrier fence board. 13
(5) A proceeding that, if a pest operational board were not 14
dissolved, might have been started or continued by or against 15
the pest operational board may, from the commencement, be 16
started or continued by or against the barrier fence board. 17
(6) All matters started by the pest operational board before the 18
commencement may be completed by the barrier fence board 19
from the commencement. 20
(7) A reference to the pest operational board in an Act or 21
document may, from the commencement, be taken to be a 22
reference to the barrier fence board, if the context permits. 23
644 Existing employees of pest operational boards 24
(1) This section applies to a person who immediately before the 25
commencement was employed by a pest operational board. 26
(2) On the commencement, the person is employed by the barrier 27
fence board on the same conditions on which the person was 28
employed by the pest operational board. 29
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(3) Employment of the person by the barrier fence board under 1
subsection (2) does not-- 2
(a) affect the employee's benefits, entitlements or 3
remuneration; or 4
(b) prejudice the employee's existing or accruing rights to 5
superannuation or recreation, sick, long service or other 6
leave; or 7
(c) interrupt continuity of service; or 8
(d) constitute a retrenchment or redundancy; or 9
(e) entitle the employee to a payment or other benefit 10
merely because the person is no longer employed by the 11
pest operational board. 12
(4) Without limiting subsection (2), if an industrial instrument 13
applies to the person immediately before the commencement, 14
the instrument continues to apply to the person. 15
(5) If the person was, immediately before the commencement, 16
employed under a contract of employment between the person 17
and the pest operational board, subsections (2) and (3) apply 18
subject to the contract of employment. 19
(6) In this section-- 20
industrial instrument means a federal award, federal 21
agreement or industrial instrument, as defined under the 22
Industrial Relations Act 1999. 23
645 Authorised persons appointed by pest operational board 24
(1) This section applies if-- 25
(a) a person was appointed before the commencement by a 26
pest operational board under the repealed Act, section 27
244, as an authorised person; and 28
(b) the person still held the appointment immediately before 29
the commencement. 30
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[s 646]
(2) On the commencement, the person's appointment as an 1
authorised person under the repealed Act ends. 2
646 Existing pest survey programs 3
(1) This section applies to a pest survey program approved under 4
the repealed Act, section 241, and in force immediately before 5
the commencement. 6
(2) From the commencement, the approval for the pest survey 7
program continues to apply, and may be varied, revoked or 8
otherwise dealt with and enforced, as if this Act had not been 9
enacted. 10
(3) Subsection (4) applies to an authorised person appointed for 11
the purpose of the pest survey program before the 12
commencement if the person holds office as an authorised 13
person immediately before the commencement. 14
(4) On the commencement and subject to section 645, the 15
authorised person continues to hold office as an authorised 16
person appointed for the purpose of the pest survey program 17
as if this Act had not been enacted. 18
(5) From the commencement, the following provisions of the 19
repealed Act continue to apply as if this Act had not been 20
enacted-- 21
(a) the repealed Act, sections 242 and 243; 22
(b) any other provision of the repealed Act necessary for the 23
provisions to have effect. 24
(6) The period for which the pest survey program has effect, 25
stated in the program-- 26
(a) continues to apply as if this Act had not been enacted; 27
and 28
(b) continues to have started from when the period started 29
under the repealed Act. 30
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[s 647]
Subdivision 9 Transitional provisions for Plant 1
Protection Act 1989 2
647 Existing pest declarations 3
(1) Subsection (2) applies if-- 4
(a) under the repealed Act, section 4(1), a regulation 5
prescribes an undeclared pest to be a pest for the 6
purposes of that Act; and 7
(b) immediately before the commencement, the regulation 8
is still in force. 9
(2) On the commencement, the regulation is taken to be a 10
prohibited matter regulation declaring the pest to be 11
prohibited matter. 12
(3) Subsection (4) applies if-- 13
(a) under the repealed Act, section 4(2), the Minister has by 14
notice declared an undeclared pest to be a pest for the 15
purposes of that Act; and 16
(b) immediately before the commencement, the notice is 17
still in force. 18
(4) On the commencement, the notice-- 19
(a) is taken to be an emergency declaration, made by the 20
chief executive under chapter 2, part 2, declaring the 21
pest to be prohibited matter; and 22
(b) continues to have effect for the period it would have had 23
effect under the repealed Act, section 4(3). 24
648 Declarations of pest quarantine areas 25
(1) Subsection (2) applies if-- 26
(a) under the repealed Act, section 11(1), a regulation 27
declares an area to be a pest quarantine area; and 28
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Chapter 18 Repeal, savings and transitional provisions
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[s 648]
(b) immediately before the commencement, the regulation 1
is still in force. 2
(2) On the commencement-- 3
(a) the regulation under the repealed Act is taken to be a 4
regulation made under section 114 that includes 5
biosecurity zone regulatory provisions; and 6
(b) the pest quarantine area is taken to be a biosecurity zone 7
under the biosecurity zone regulatory provisions; and 8
(c) the pest that causes the pest infestation identified in the 9
regulation under the repealed Act is taken to be 10
regulated biosecurity matter for the biosecurity zone 11
regulatory provisions. 12
(3) Subsection (4) applies if-- 13
(a) under the repealed Act, section 11(1), the Minister has 14
by notice declared an area to be a pest quarantine area; 15
and 16
(b) immediately before the commencement, the notice is 17
still in force. 18
(4) On the commencement-- 19
(a) the notice-- 20
(i) is taken to be a biosecurity emergency order made 21
by the chief executive under section 99; and 22
(ii) continues to have effect for the period it would 23
have had effect under the repealed Act, section 24
11(9); and 25
(b) the pest quarantine area is taken to be the biosecurity 26
emergency area for the biosecurity emergency order; 27
and 28
(c) the pest that causes the pest infestation identified in the 29
notice under the repealed Act is taken to be biosecurity 30
matter associated with the biosecurity event that is the 31
subject of the biosecurity emergency order. 32
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Chapter 18 Repeal, savings and transitional provisions
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[s 649]
(5) Subsection (6) applies if, before the commencement, an 1
inspector has given a direction or taken an action under the 2
repealed Act, section 11(7), that allows a person to be 3
exempted from the matters stated in paragraph (a) or (c) of 4
that section. 5
(6) From the commencement-- 6
(a) for an exemption relating to a regulation made under the 7
repealed Act, section 11(7)--the exemption is taken to 8
be a biosecurity instrument permit under this Act and is 9
subject to the same conditions imposed under the 10
repealed Act on the exemption; or 11
(b) for an exemption relating to a notice made under the 12
repealed Act, section 11(7)--the exemption is taken to 13
be an emergency biosecurity order permit under this Act 14
and is subject to the same conditions imposed under the 15
repealed Act on the exemption. 16
649 Undertaking instead of declaration of pest quarantine 17
area 18
(1) This section applies if-- 19
(a) the Minister has, under the repealed Act, section 11(4), 20
accepted an undertaking from the owner of land; and 21
(b) the undertaking is in force immediately before the 22
commencement. 23
(2) From the commencement-- 24
(a) the undertaking continues to apply to the owner as if this 25
Act had not been enacted; and 26
(b) if, before the commencement, an inspector has given a 27
direction or taken an action under the repealed Act, 28
section 11(7), that allows a person to be exempted from 29
the conditions imposed on the undertaking--the 30
exemption continues to apply as if this Act had not been 31
enacted; and 32
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Chapter 18 Repeal, savings and transitional provisions
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[s 650]
(c) the repealed Act, section 11(10), continues to apply in 1
relation to the undertaking. 2
650 Approved plant declarations 3
(1) This section applies if-- 4
(a) before the commencement, the chief executive made an 5
approved plant declaration under the repealed Act, 6
section 11A, that allowed planting or cultivating of an 7
approved plant variety in a pest quarantine area within 8
the meaning of that Act; and 9
(b) the declaration is still in force immediately before the 10
commencement. 11
(2) On the commencement-- 12
(a) if a regulation declared an area to be the pest quarantine 13
area--the approved plant declaration is taken to be 14
included in the biosecurity zone regulatory provisions 15
under section 648(2)(a); or 16
(b) if the Minister by notice under the repealed Act, section 17
11(1), declared the pest quarantine area--the approved 18
plant declaration is taken to be a provision of the 19
biosecurity emergency order under section 648(4)(a)(i). 20
651 Keeping of business documents 21
If, immediately before the commencement, a person is 22
required under the repealed Act, section 11C or 11D, (a 23
repealed section) to keep a business document for an area-- 24
(a) the obligation to keep the document under the repealed 25
section continues to apply to the person; and 26
(b) the period stated in the repealed section for keeping the 27
document-- 28
(i) continues to apply for keeping the document; and 29
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Chapter 18 Repeal, savings and transitional provisions
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[s 652]
(ii) continues to have started from when the period 1
started under the repealed section. 2
652 Existing pest surveillance programs 3
(1) This section applies to a pest surveillance program authorised 4
under the repealed Act, section 20B, and in force immediately 5
before the commencement. 6
(2) On the commencement, the program-- 7
(a) is taken to be a surveillance program authorised by the 8
chief executive under chapter 8; and 9
(b) continues to have effect for the period it would have had 10
effect under the repealed Act. 11
653 Intergovernmental agreements and assurance 12
certificates 13
(1) Subsection (2) applies to an intergovernmental agreement 14
entered into under the repealed Act, section 21L (the existing 15
agreement), that is in force immediately before the 16
commencement. 17
(2) From the commencement-- 18
(a) the existing agreement is taken to be an 19
intergovernmental agreement entered into under section 20
75 (the continuing agreement); and 21
(b) the continuing agreement applies to the parties to the 22
existing agreement with any necessary changes to give 23
effect to the existing agreement; and 24
(c) a reference in the existing agreement to an assurance 25
certificate is taken to be a reference to an acceptable 26
biosecurity certificate for the continuing agreement. 27
(3) Subsection (4) applies if an assurance certificate that is in 28
effect immediately before the commencement makes a 29
statement about the existence of a fact in relation to a plant, or 30
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Chapter 18 Repeal, savings and transitional provisions
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[s 654]
other thing that may spread a pest, within the meaning of the 1
repealed Act. 2
(4) From the commencement-- 3
(a) the assurance certificate is taken to be an acceptable 4
biosecurity certificate about the plant or other thing; and 5
(b) an authorised officer may accept and, without further 6
checking, rely and act on the assurance certificate in 7
relation to the fact as if it were an acceptable biosecurity 8
certificate. 9
654 Governmental and industry cost sharing agreements 10
(1) This section applies to a government and industry cost sharing 11
agreement (a GICS agreement) entered into under the 12
repealed Act, section 21LA, that is in force immediately 13
before the commencement. 14
(2) From the commencement-- 15
(a) the GICS agreement is taken to be a government and 16
industry agreement entered into under section 76; and 17
(b) the government and industry agreement applies to the 18
parties to the GICS agreement with any necessary 19
changes to give effect to the GICS agreement. 20
Subdivision 10 Transitional provisions for Stock 21
Act 1915 22
655 Stock Diseases Compensation and Stock Improvement 23
Fund 24
(1) This section applies to the Stock Diseases Compensation and 25
Stock Improvement Fund (the compensation fund) 26
established under the repealed Act, section 8. 27
(2) On the commencement-- 28
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[s 656]
(a) the amounts in the compensation fund become the assets 1
of the State; and 2
(b) the liabilities mentioned in the repealed Act, section 3
8(3), become liabilities of the State. 4
656 Certificates of health for stock 5
(1) This section applies to a certificate of health for stock under 6
the repealed Act that-- 7
(a) states stock comply with the requirements under the 8
repealed Act for introduction; and 9
(b) is in force immediately before the commencement. 10
(2) From the commencement-- 11
(a) the certificate of health is taken to be an acceptable 12
biosecurity certificate about the stock; and 13
(b) the acceptable biosecurity certificate has the same effect 14
in relation to the statement as the certificate of health 15
had under the repealed Act; and 16
(c) the acceptable biosecurity certificate has effect for the 17
period the certificate of health would have had effect 18
under the repealed Act. 19
657 Existing emergency disease notices 20
(1) This section applies if-- 21
(a) under the repealed Act, section 12A(1), the chief 22
executive has made an emergency disease notice 23
declaring a declared disease to be a disease for that Act; 24
and 25
(b) immediately before the commencement, the notice is 26
still in force. 27
(2) On the commencement, the notice-- 28
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Chapter 18 Repeal, savings and transitional provisions
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[s 658]
(a) is taken to be an emergency prohibited matter 1
declaration, made by the chief executive under chapter 2
2, part 2, declaring the declared disease to be prohibited 3
matter; and 4
(b) continues to have effect for the period it would have had 5
effect under the repealed Act, section 12A(6). 6
658 Notifications of infected and declared areas 7
(1) This section applies if, under the repealed Act, section 8
13(1)-- 9
(a) the Minister has by notice notified an area to be an 10
infected area or a declared area; and 11
(b) immediately before the commencement, the notice is 12
still in force. 13
(2) On the commencement-- 14
(a) the notice under the repealed Act is taken to be a 15
regulation made under section 114 that includes 16
biosecurity zone regulatory provisions; and 17
(b) the infected area or declared area is taken to be a 18
biosecurity zone under the biosecurity zone regulatory 19
provisions; and 20
(c) the disease stated in the notice is taken to be regulated 21
biosecurity matter for the biosecurity zone regulatory 22
provisions. 23
659 Quarantine and undertakings 24
(1) If-- 25
(a) an inspector has, under the repealed Act, section 14, 26
given written notice to the owner of holdings in an area 27
that the area is in quarantine; and 28
(b) immediately before the commencement, the area is still 29
in quarantine; 30
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Chapter 18 Repeal, savings and transitional provisions
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[s 660]
from the commencement, the repealed Act, section 14, 1
continues to apply as if this Act had not been enacted. 2
(2) If-- 3
(a) the chief executive has, under the repealed Act, section 4
14(2), accepted an undertaking from the owner of a 5
holding; and 6
(b) the undertaking is in force immediately before the 7
commencement; 8
from the commencement, the undertaking continues to apply 9
to the owner as if this Act had not been enacted. 10
660 Registration of registrable places and PICs 11
(1) Subsection (2) applies if-- 12
(a) there is a registrable place that is registered under the 13
repealed Act; and 14
(b) the owner of the place-- 15
(i) keeps the threshold number or more of designated 16
animals, other then bees; and 17
(ii) is not an owner of another registrable place; and 18
(c) the registration is in force immediately before the 19
commencement. 20
(2) On the commencement-- 21
(a) the owner of the place is taken to be a registered 22
biosecurity entity registered under section 134 for 3 23
years from the commencement unless the owner is 24
sooner deregistered under section 140; and 25
(b) the place is taken to be a designated place the subject of 26
the registration under paragraph (b); and 27
(c) the PIC allocated under the repealed Act to the place is 28
taken to be the PIC allocated under section 139 to the 29
designated place. 30
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Chapter 18 Repeal, savings and transitional provisions
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[s 660]
(3) Subsection (4) applies if-- 1
(a) there is a registrable place (the first place) that is 2
registered under the repealed Act; and 3
(b) the owner of the first place is an owner of another 4
registrable place (the second place) that is registered 5
under the repealed Act; and 6
(c) the owner of the first place keeps the threshold number 7
or more of designated animals, other then bees; and 8
(d) the registration is in force immediately before the 9
commencement. 10
(4) On the commencement-- 11
(a) the owner of the first place may be taken to be a 12
registered biosecurity entity registered under section 13
134 for 3 years from the commencement unless the 14
owner is sooner deregistered under section 140; and 15
(b) the first place and the second place may be taken to be 16
designated places the subject of the registration under 17
paragraph (a); and 18
(c) the PIC allocated under the repealed Act to each of the 19
first place and second place may be taken to be the PIC 20
allocated under section 139 to the designated places. 21
(5) Subsection (6) applies if-- 22
(a) there is a registrable place that is registered under the 23
repealed Act; and 24
(b) the owner of the place keeps fewer than the threshold 25
number or more of designated animals, other then bees; 26
and 27
(c) the registration is in force immediately before the 28
commencement. 29
(6) On the commencement-- 30
(a) the registration of the place ends; and 31
(b) the PIC allocated to the place is of no effect. 32
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Chapter 18 Repeal, savings and transitional provisions
Part 2 Savings and transitional provisions
[s 661]
661 Existing approvals for particular places to remain 1
unregistered 2
(1) This section applies if-- 3
(a) the owner of a registrable place has been given an 4
approval under the repealed Act for the place to remain 5
unregistered; and 6
(b) the owner keeps fewer than the threshold number of 7
designated animals, other then bees; and 8
(c) the approval is in force immediately before the 9
commencement. 10
(2) On the commencement, the approval is taken to be a 11
registration exemption given under section 131 to the owner. 12
662 Approved tags 13
(1) An approved tag under the repealed Act that is in effect before 14
the commencement is, on the commencement, taken to be an 15
approved device under section 166. 16
(2) Subsection (3) applies if an approved tag is applied to an 17
animal in a way that complies with the repealed Act 18
immediately before the commencement. 19
(3) On the commencement, the animal is taken to be fitted with a 20
suitable approved device for the animal. 21
663 Existing warranties implied on sale of stock 22
(1) This section applies if-- 23
(a) before the commencement, there has been a sale or 24
agreement for the sale of stock under the repealed Act, 25
section 20; and 26
(b) whether before or after the commencement, there is 27
conclusive evidence, within the meaning of the repealed 28
Act, section 20, of a breach of the warranty implied 29
under that section about the stock. 30
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Chapter 18 Repeal, savings and transitional provisions
Part 2 Savings and transitional provisions
[s 664]
(2) From the commencement, the following continue to apply in 1
relation to the warranty as if this Act had not been enacted-- 2
(a) the rights of the purchaser of a head of stock under the 3
repealed Act, section 20(3)(a); 4
(b) the obligations of the vendor of a head of stock under 5
the repealed Act, section 20(3)(b); 6
(c) the repealed Act, section 20(2), (3A), (3B) and (6); 7
(d) a regulation made before the commencement for the 8
purposes of the repealed Act, section 20(11). 9
664 Travel permits 10
(1) Subsection (2) applies if-- 11
(a) an inspector has-- 12
(i) under the repealed Act, section 21B, issued a travel 13
permit; or 14
(ii) under the repealed Act, section 21E, issued a travel 15
permit for multiple movement of stock; and 16
(b) the travel permit was in force immediately before the 17
commencement. 18
(2) From the commencement-- 19
(a) the travel permit, and any conditions imposed under the 20
repealed Act, section 21B, on the travel permit, continue 21
to apply as if this Act had not been enacted; and 22
(b) the repealed Act, sections 21D and 21F to 21K, and any 23
other provision referred to in any of those provisions or 24
necessary for those provisions to have effect, continue to 25
apply to the travel permit as if this Act had not been 26
enacted. 27
(3) Subsection (4) applies if an application for a travel permit 28
made under the repealed Act, section 21C, has not been 29
decided before the commencement. 30
(4) From the commencement, the application-- 31
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Chapter 18 Repeal, savings and transitional provisions
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[s 665]
(a) is taken to be an application for a biosecurity instrument 1
permit made under section 118(2); and 2
(b) must be decided under this Act. 3
665 Approvals for particular types of stock movement 4
(1) A stock movement approval, granted under the repealed Act 5
and in force immediately before the commencement, from the 6
commencement-- 7
(a) continues in force as if this Act had not been enacted; 8
and 9
(b) if conditions are imposed on the approval--remains in 10
force only if the conditions are complied with. 11
(2) An application for a stock movement approval, made under 12
the repealed Act and not decided before the commencement, 13
must be decided under the repealed Act from the 14
commencement as if this Act had not been enacted. 15
(3) In this section-- 16
stock movement approval means an approval under the 17
repealed Act for a type of stock movement that exempts stock 18
from an inspection and treatment requirement or subjects 19
stock to another less stringent form of inspection or treatment. 20
666 Miscellaneous approvals given by chief inspector 21
Any of the following approvals made under the repealed Act 22
and in force immediately before the commencement continue 23
in force from the commencement as if this Act had not been 24
enacted-- 25
(a) an approval for a person to inspect or treat, or supervise 26
the inspection or treatment of, stock for cattle tick; 27
(b) the approval of a program for the eradication or control 28
of cattle tick; 29
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Chapter 18 Repeal, savings and transitional provisions
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[s 667]
(c) the approval of a railway or road for the movement of 1
stock. 2
667 Disease eradication programs 3
(1) This section applies to a disease eradication program 4
established under the repealed Act, section 30, and in force 5
immediately before the commencement. 6
(2) On the commencement, the program-- 7
(a) is taken to be a prevention and control program 8
authorised by the chief executive under chapter 8; and 9
(b) continues to have effect for the period it would have had 10
effect under the repealed Act. 11
668 Agreements in relation to disease eradication programs 12
If-- 13
(a) the chief executive has entered into an agreement under 14
the repealed Act, section 30(1A), with the owner of any 15
holding or premises or the owner of any stock; and 16
(b) the agreement is in force immediately before the 17
commencement; 18
from the commencement, the repealed Act, section 30, 19
continues to apply to the agreement as if this Act has not been 20
enacted. 21
Division 5 Regulation-making power for 22
transitional purposes 23
669 Transitional regulation-making power 24
(1) A regulation (a transitional regulation) may make provision 25
of a saving or transitional nature about any matter-- 26
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Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 670]
(a) for which it is necessary to make provision to allow or to 1
facilitate the doing of anything to achieve the transition 2
from a repealed Act to this Act; and 3
(b) for which this Act does not provide or sufficiently 4
provide. 5
(2) A transitional regulation may have retrospective operation to a 6
day that is not earlier than the commencement. 7
(3) A transitional regulation must declare it is a transitional 8
regulation. 9
(4) This division and any transitional regulation expire 1 year 10
after the commencement. 11
(5) The Acts Interpretation Act 1954, section 20A, as applied 12
under the Statutory Instruments Act 1992, section 14, applies 13
in relation to the expiry. 14
Chapter 19 Amendment of Acts 15
Part 1 Amendment of Chemical Usage 16
(Agricultural and Veterinary) 17
Control Act 1988 18
670 Act amended 19
This part amends the Chemical Usage (Agricultural and 20
Veterinary) Control Act 1988. 21
671 Amendment of s 6 (Maximum residue limit) 22
Section 6, from `in respect'-- 23
omit, insert-- 24
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Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 672]
`for any of the following may be zero-- 1
(a) agricultural produce; 2
(b) manufactured stock food; 3
(c) the tissue of a trade species animal; 4
(d) a product derived from a trade species animal.'. 5
672 Replacement of s 15 (Chemical residues to be notified) 6
Section 15-- 7
omit, insert-- 8
`15 General requirement to report chemical residues in 9
relevant thing 10
`(1) This section applies to a person, other than a person to whom 11
section 15A applies, if the person becomes aware that the 12
residue of a chemical in or on a relevant thing is more than the 13
maximum residue limit prescribed for the thing. 14
Examples of persons to whom this section may apply-- 15
· a person conducting an analysis of the relevant thing 16
· a veterinary surgeon who treats a trade species animal 17
`(2) The person must advise the standards officer of the following 18
as soon as practicable, but not more than 24 hours, after 19
becoming aware as mentioned in subsection (1)-- 20
(a) the presence of the residue of a chemical in or on the 21
relevant thing is in an amount more than the maximum 22
residue limit prescribed for the thing; and 23
(b) the name and address of the person from whom the 24
person obtained the relevant thing. 25
Maximum penalty--40 penalty units. 26
`(3) In this section-- 27
relevant thing means any of the following-- 28
(a) agricultural produce; 29
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Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 672]
(b) manufactured stock food; 1
(c) the tissue of a trade species animal; 2
(d) a product derived from a trade species animal. 3
`15A Requirement for particular persons to report 4
chemical residues in relation to trade species 5
animals 6
`(1) This section applies to a person if the person becomes aware 7
that-- 8
(a) a trade species animal or a product derived from a trade 9
species animal is-- 10
(i) at a place of which the person is an occupier; or 11
(ii) in the person's possession or under the person's 12
control; and 13
(b) the residue of a chemical in or on the tissue of the trade 14
species animal or the product derived from the trade 15
species animal is in an amount more than the maximum 16
residue limit prescribed for the tissue or product. 17
`(2) If the person is not aware that the standards officer has been 18
advised, or has otherwise become aware, that the residue of 19
the chemical in or on the tissue or product is in an amount 20
more than the maximum residue limit prescribed for the tissue 21
or product, the person must advise the standards officer of the 22
fact as soon as practicable, but not more than 24 hours, after 23
becoming aware as mentioned in subsection (1). 24
Maximum penalty--40 penalty units. 25
`(3) However, the person is not required to advise the standards 26
officer under subsection (2) if the person becomes aware, 27
before the person would otherwise be required to advise the 28
standards officer under the subsection, that advice of the 29
residue of the chemical in or on the tissue or product in an 30
amount more than the maximum residue limit prescribed for 31
the tissue or product has been given to the standards officer by 32
another person. 33
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Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 673]
Example-- 1
A person would not be required to advise the standards officer that the 2
residue of a chemical in the tissue of 1 of the person's animals is in an 3
amount more than the maximum residue limit prescribed for the tissue if 4
the person who conducted an analysis of the tissue advised the standards 5
officer about it as soon as the results of the analysis were known.'. 6
673 Amendment of s 16 (Agricultural produce etc. containing 7
chemical residues not to be used etc.) 8
(1) Section 16(2)-- 9
omit, insert-- 10
`(1A) Subsection (2) applies if the standards officer or an inspector 11
suspects or believes on reasonable grounds that the cultivation 12
of a plant in or on land, or the grazing or keeping of a trade 13
species animal on land, would be likely to result in the residue 14
of a chemical being present in or on a relevant thing in an 15
amount more than the maximum residue limit prescribed for 16
the relevant thing. 17
`(2) The standards officer or the inspector may, by notice in 18
writing given to the owner or occupier of the land, direct the 19
owner or occupier not to cultivate any plant or any class of 20
plant in or on the land, or graze or keep a trade species animal 21
on the land, other than as permitted under the notice.'. 22
(2) Section 16(7), definition prescribed substance, paragraph 23
(a)-- 24
omit, insert-- 25
`(a) a relevant thing in or on which the standards officer or 26
an inspector suspects or believes on reasonable grounds 27
there is the residue of a chemical in an amount more 28
than the maximum residue limit prescribed for the 29
relevant thing; or'. 30
(3) Section 16(7), definition prescribed substance, paragraph (b), 31
`produce;'-- 32
omit, insert-- 33
Page 456
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 674]
`produce; or'. 1
(4) Section 16(7), definition prescribed substance-- 2
insert-- 3
`(ba) a trade species animal in which the standards officer or 4
an inspector suspects or believes on reasonable grounds 5
there is the residue of a chemical in an amount that a 6
product derived from the animal is likely to have in it the 7
residue of a chemical in an amount more than the 8
maximum residue limit prescribed for the product; or'. 9
(5) Section 16(7), definition prescribed substance, paragraph (c), 10
from `any agricultural'-- 11
omit, insert-- 12
`agricultural produce, manufactured stock food or a product 13
derived from a trade species animal in an amount more than 14
the maximum residue limit prescribed for the produce, stock 15
food or product.'. 16
(6) Section 16(7), definition prescribed substance, paragraphs 17
(ba) and (c)-- 18
renumber as definition prescribed substance, paragraphs (c) 19
and (d). 20
(7) Section 16(7)-- 21
insert-- 22
`relevant thing means any of the following-- 23
(a) agricultural produce; 24
(b) manufactured stock food; 25
(c) the tissue of a trade species animal; 26
(d) a product derived from a trade species animal.'. 27
674 Amendment of s 17 (Approval to use etc. agricultural 28
produce etc. or cultivate plants on land) 29
(1) Section 17, heading, after `plants'-- 30
Page 457
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 675]
insert-- 1
`, or graze or keep trade species animals,'. 2
(2) Section 17(1)(b)-- 3
omit, insert-- 4
`(b) cultivate a plant, or graze or keep a trade species animal, 5
on land;'. 6
(3) Section 17(1), `plants on the land'-- 7
omit, insert-- 8
`the plant, or graze or keep the trade species animal, on the 9
land'. 10
(4) Section 17(2)(b)-- 11
omit, insert-- 12
`(b) the cultivation of a plant, or the grazing or keeping of a 13
trade species animal, on land;'. 14
(5) Section 17(2), `cultivation--'-- 15
omit, insert-- 16
`cultivation, grazing or keeping--'. 17
(6) Section 17(5), `plants'-- 18
omit, insert-- 19
`a plant, or grazes or keeps a trade species animal,'. 20
(7) Section 17(6), definition prescribed substance, after `plant'-- 21
insert-- 22
`, a trade species animal, a product derived from a trade 23
species animal'. 24
675 Amendment of s 18 (Destruction of agricultural produce 25
etc. at direction of chief executive) 26
(1) Section 18(1)(a)-- 27
omit, insert-- 28
Page 458
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 676]
`(a) a portion or sample of any agricultural produce, 1
manufactured stock food or a product derived from a 2
trade species animal in an amount more than the 3
maximum residue limit prescribed for the produce, 4
stock food or product; or'. 5
(2) Section 18(1)(b), `that exceeds'-- 6
omit, insert-- 7
`more than'. 8
(3) Section 18(1)-- 9
insert-- 10
`(ba) a portion or sample of a trade species animal from 11
which a product may be derived and the chief executive 12
forms the opinion that the product is likely to have in or 13
on it the residue of a chemical in an amount more than 14
the maximum residue limit prescribed for the product; 15
or'. 16
(4) Section 18(1)(c), from `or manufactured'-- 17
omit, insert-- 18
`, manufactured stock food or a product derived from a trade 19
species animal having in or on it the residue of a chemical in 20
an amount more than the maximum residue limit prescribed 21
for the produce, stock food or product;'. 22
(5) Section 18(1), after `agricultural produce, manufactured stock 23
food, plants'-- 24
insert-- 25
`, a product derived from a trade species animal'. 26
(6) Section 18(1)(ba) and (c)-- 27
renumber as section 18(1)(c) and (d). 28
676 Insertion of new s 19A 29
Part 2, division 4-- 30
Page 459
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 676]
insert-- 1
`19A Deciding chemical residue status in relation to 2
registered biosecurity entity 3
`(1) This section applies if-- 4
(a) a person applies under the Biosecurity Act for 5
registration of the person as a registered biosecurity 6
entity; and 7
(b) the chief executive administering the Biosecurity Act 8
registers the person as a registered biosecurity entity in 9
the biosecurity register; and 10
(c) the chief executive decides the chemical residue status 11
of any designated place the subject of the registered 12
biosecurity entity's registration or any designated 13
animal or designated biosecurity matter to which the 14
entity's registration relates (the chemical residue status 15
details). 16
`(2) The chief executive must, as soon as practicable-- 17
(a) give the chief executive administering the Biosecurity 18
Act the registered biosecurity entity's chemical residue 19
status details for entry in the biosecurity register; and 20
(b) give the registered biosecurity entity an information 21
notice for the chief executive's decision about the 22
chemical residue status details. 23
`(3) Words defined in the Biosecurity Act and used in this section 24
have the same meanings as they have in the Biosecurity Act. 25
`(4) In this section-- 26
Biosecurity Act means the Biosecurity Act 2011. 27
chemical residue status, of a designated place, a designated 28
animal or designated biosecurity matter, means the absence or 29
presence on or in the place or on or in the animal or 30
biosecurity matter of the residue of a chemical, and, if the 31
residue is present, its level or risk of contamination to 32
designated animals.'. 33
Page 460
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 677]
677 Amendment of s 20 (Powers of inspectors) 1
(1) Section 20(1)(a) to (p), at the end-- 2
insert-- 3
`or'. 4
(2) Section 20(1)(a)(iv), after `cultivated,'-- 5
insert-- 6
`grazed,'. 7
(3) Section 20(1)(g)(i) and (iv), at the end-- 8
insert-- 9
`or'. 10
(4) Section 20(1)(g)(ii)-- 11
omit, insert-- 12
`(ii) any agricultural produce or manufactured stock 13
food derived from a plant, or product derived from 14
a trade species animal, to which a notice under 15
section 16 or an approval under section 17 relates 16
if the inspector suspects or believes on reasonable 17
grounds the plant or animal has been dealt with in 18
a way that is contrary to a direction in the notice or 19
not in compliance with the approval; or'. 20
(5) Section 20(1)(g)(iii)-- 21
omit. 22
(6) Section 20(1)(g)(iv) and (v)-- 23
renumber as section 20(1)(g)(iii) and (iv). 24
(7) Section 20(1)(h), after `door'-- 25
insert-- 26
`, gate'. 27
(8) Section 20(1)(i), `or otherwise mark'-- 28
omit, insert-- 29
Page 461
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 678]
`, mark or otherwise identify'. 1
(9) Section 20(3)-- 2
omit, insert-- 3
`(3) In this section-- 4
prescribed substance means any of the following-- 5
(a) agricultural produce; 6
(b) manufactured stock food; 7
(c) a trade species animal; 8
(d) a product derived from a trade species animal; 9
(e) fertiliser; 10
(f) a plant; 11
(g) a substance used in connection with a thing mentioned 12
in paragraphs (a) to (f).'. 13
678 Amendment of s 25 (Obstruction of inspector) 14
Section 25(b) and (c), after `food,'-- 15
insert-- 16
`trade species animal, product derived from a trade species 17
animal,'. 18
679 Amendment of s 26 (Tampering with seals, samples, etc.) 19
(1) Section 26(a), `mark'-- 20
omit, insert-- 21
`identifying mark or device'. 22
(2) Section 26, after `food,'-- 23
insert-- 24
`trade species animal, product derived from a trade species 25
animal,'. 26
Page 462
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 680]
(3) Section 26(a), after `door'-- 1
insert-- 2
`, gate'. 3
680 Amendment of s 34 (Evidence, etc.) 4
(1) Section 34(a) to (i), at the end-- 5
insert-- 6
`or'. 7
(2) Section 34(d) and (e), after `plant,'-- 8
insert-- 9
`trade species animal, product derived from a trade species 10
animal,'. 11
(3) Section 34(j)-- 12
omit, insert-- 13
`(j) evidence that agricultural produce, manufactured stock 14
food, the tissue of a trade species animal or a product 15
derived from a trade species animal (each a relevant 16
thing), or a portion or sample of the relevant thing, has 17
in or on it the residue of a registered chemical product in 18
an amount more than the maximum residue limit 19
prescribed for the relevant thing is evidence that the 20
chemical product was used in a way that is not in 21
accordance with the instructions on the approved label 22
for containers for the chemical product.'. 23
681 Amendment of s 38 (Regulation-making power) 24
(1) Section 38(2)(b), `and manufactured stock food'-- 25
omit, insert-- 26
`manufactured stock food, the tissue of a trade species animal 27
or a product derived from a trade species animal'. 28
(2) Section 38(2)(c)-- 29
Page 463
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 1 Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988
[s 682]
omit, insert-- 1
`(c) regulating the use, storage and possession of agricultural 2
produce, manufactured stock food and products derived 3
from trade species animals that contain the residue of a 4
chemical in an amount more than the maximum residue 5
limit prescribed for the produce, stock food or product;'. 6
682 Amendment of schedule (Dictionary) 7
(1) Schedule, definitions chemical, Standards Act and stock-- 8
omit. 9
(2) Schedule-- 10
insert-- 11
`chemical-- 12
1 A chemical is-- 13
(a) a chemical product; or 14
(b) another substance prescribed under a regulation to 15
be a chemical. 16
2 For paragraph 1(b), a contaminant within the meaning 17
of the Biosecurity Act 2011 can not be prescribed under 18
a regulation to be a chemical. 19
land means land under the Biosecurity Act 2011.'. 20
(3) Schedule, definition maximum residue limit, paragraph (b)-- 21
omit, insert-- 22
`(b) for the residue of a chemical in a trade species animal or 23
a product derived from a trade species animal--the 24
maximum residue limit prescribed under a regulation for 25
the tissue of the animal or the product derived from the 26
animal.'. 27
(4) Schedule, definition trade species animal, paragraph (b), after 28
`an animal'-- 29
Page 464
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 2 Amendment of Fisheries Act 1994
[s 683]
insert-- 1
`, other than a food-producing species,'. 2
Part 2 Amendment of Fisheries Act 3
1994 4
683 Act amended 5
This part amends the Fisheries Act 1994. 6
684 Amendment of s 3A (How particular purposes are to be 7
primarily achieved) 8
(1) Section 3A(1)(b)(iii)-- 9
omit. 10
(2) Section 3A(1)(b)(iv)-- 11
renumber as section 3A(1)(b)(iii). 12
685 Amendment of s 8 (Meaning of marine plant) 13
Section 8(2), from `a plant'-- 14
omit, insert-- 15
`an invasive plant that is-- 16
(a) prohibited matter or restricted matter under the 17
Biosecurity Act 2011; or 18
Notes-- 19
1 See the Biosecurity Act 2011, schedule 1, part 3 or schedule 20
2, part 2. 21
2 See also the note to the Biosecurity Act 2011, schedules 1 22
and 2. 23
Page 465
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 2 Amendment of Fisheries Act 1994
[s 686]
(b) controlled biosecurity matter or regulated biosecurity 1
matter under the Biosecurity Act 2011.'. 2
686 Amendment of s 20 (Chief executive's functions) 3
(1) Section 20(1)(b)-- 4
omit. 5
(2) Section 20(1)(c)-- 6
renumber as section 20(1)(b). 7
687 Amendment of pt 5, div 5, hdg (Noxious and 8
non-indigenous fisheries resources and aquaculture 9
fish) 10
Part 5, division 5, heading, `Noxious and non-indigenous'-- 11
omit, insert-- 12
`Non-indigenous'. 13
688 Omission of s 89 (Noxious fisheries resources not to be 14
possessed, released etc.) 15
Section 89-- 16
omit. 17
689 Amendment of s 92 (Duty of person who takes or 18
possesses noxious or non-indigenous fisheries 19
resources) 20
Section 92, `noxious or'-- 21
omit. 22
690 Amendment of s 93 (Recovery of costs of removing 23
noxious fisheries resources etc.) 24
Section 93, heading, from `noxious'-- 25
Page 466
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 2 Amendment of Fisheries Act 1994
[s 691]
omit, insert-- 1
`particular fisheries resources'. 2
691 Omission of pt 5, div 6 (Diseased fisheries resources) 3
Part 5, division 6-- 4
omit. 5
692 Amendment of s 108 (Order for taking and removing, or 6
destroying, noxious, non-indigenous or diseased 7
fisheries resources or aquaculture fish) 8
Section 108, `noxious, non-indigenous or diseased'-- 9
omit, insert-- 10
`non-indigenous'. 11
693 Amendment of s 109 (Order to stop or delay escape of 12
noxious, non-indigenous or diseased fisheries resources 13
or aquaculture fish) 14
Section 109, `noxious, non-indigenous or diseased'-- 15
omit, insert-- 16
`non-indigenous'. 17
694 Amendment of s 145 (Entry to places) 18
(1) Section 145(1)(e)(i)-- 19
omit. 20
(2) Section 145(1)(e)(ii), from `; or'-- 21
omit, insert-- 22
Page 467
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 2 Amendment of Fisheries Act 1994
[s 695]
`; or 1
Note-- 2
This order is made under section 108 (Order for taking and 3
removing, or destroying, non-indigenous fisheries 4
resources or aquaculture fish).'. 5
(3) Section 145(1)(e)(iii), from `escaping.'-- 6
omit, insert-- 7
`escaping. 8
Note-- 9
This order is made under section 109 (Order to stop or 10
delay escape of non-indigenous fisheries resources or 11
aquaculture fish).'. 12
(4) Section 145(1)(e)(ii) and (iii), as amended under this 13
section-- 14
renumber as section 145(1)(e)(i) and (ii). 15
695 Amendment of s 159 (Inspector may dispose of fisheries 16
resources taken unlawfully) 17
Section 159(3), `diseased,'-- 18
omit. 19
696 Amendment of schedule (Dictionary) 20
Schedule, definitions declared disease, declared quarantine 21
area, noxious fisheries resources and quarantine 22
declaration-- 23
omit. 24
Page 468
Biosecurity Bill 2011
Chapter 19 Amendment of Acts
Part 3 Amendment of other Acts
[s 697]
Part 3 Amendment of other Acts 1
697 Acts amended in sch 3 2
Schedule 3 amends the Acts it mentions. 3
Page 469
Biosecurity Bill 2011
Schedule 1
Schedule 1 Prohibited matter 1
section 28 2
Note-- 3
Biosecurity matter may also be declared to be, or not to be, prohibited 4
matter under a prohibited matter regulation or emergency prohibited 5
matter declaration under chapter 2. 6
Part 1 Aquatic diseases, parasites 7
and viruses 8
abalone viral ganglioneuritis 9
akoya oyster disease 10
bacterial kidney disease (Renibacterium salmoninarum) 11
infection with Bonamia exitiosa 12
infection with Bonamia ostreae 13
channel catfish virus disease 14
crayfish plague (Aphanomyces astaci) 15
enteric redmouth disease (Yersinia ruckeri--Hagerman strain) 16
enteric septicaemia of catfish (Edwardsiella ictaluri) 17
epizootic haematopoietic necrosis--EHN virus 18
epizootic haematopoietic necrosis--European catfish 19
virus/European sheatfish virus 20
furunculosis (Aeromonas salmonicida subsp. salmonicida) 21
grouper iridoviral disease 22
gyrodactylosis (Gyrodactylus salaris) 23
infectious haematopoietic necrosis 24
infectious myonecrosis 25
infectious pancreatic necrosis 26
Page 470
Biosecurity Bill 2011
Schedule 1
infectious salmon anaemia 1
iridoviroses 2
koi herpesvirus disease 3
infection with Marteilia refringens 4
infection with Marteilioides chungmuensis 5
infection with Mikrocytos mackini 6
milky haemolymph disease of spiny lobster (Panulirus spp.) 7
oyster oedema disease 8
infection with Perkinsus marinus 9
piscirickettsiosis (Piscirikettsia salmonis) 10
red sea bream iridoviral disease 11
spring viraemia of carp 12
viral haemorrhagic septicaemia 13
whirling disease (Myxobolus cerebralis) 14
infection with Xenohaliotis californiensis 15
Part 2 Animal diseases, parasites and 16
viruses 17
acariasis (tracheal mite (Acarapis woodi)) 18
African horse sickness 19
African swine fever 20
Aujeszky's disease 21
avian influenza, highly pathogenic 22
avian mycoplasmosis (Mycoplasma synoviae) 23
avian paramyxovirus 24
bee louse (Braula fly) (Braula coeca) 25
Page 471
Biosecurity Bill 2011
Schedule 1
bluetongue (clinical disease) 1
borna disease 2
bovine virus diarrhoea type 2 3
brucellosis (Brucella abortus, B. canis and B. melitensis) 4
camel pox 5
Chagas' disease (Trypanosoma cruzi) 6
classical swine fever 7
contagious agalactia 8
contagious bovine pleuropneumonia (Mycoplasma mycoides 9
mycoides small colony type) 10
contagious caprine pleuropneumonia (Mycoplasma 11
capricolum) 12
contagious equine metritis (Taylorella equigenitalis) 13
Crimean Congo haemorrhagic fever 14
devil facial tumour disease 15
dourine (Trypanosoma equiperdum) 16
duck virus enteritis (duck plague) 17
duck virus hepatitis 18
east coast fever 19
encephalitides (tick-borne) 20
enzootic abortion of ewes (Chlamydophila abortus and 21
Chlamydia psittaci serotype 1) 22
epizootic haemhorragic disease (clinical disease) 23
epizootic lymphangitis (Histoplasma capsulatum var. 24
farciminosum) 25
equine encephalomyelitis viruses (western, eastern and 26
Venezuelan) 27
equine encephalosis 28
equine influenza 29
Page 472
Biosecurity Bill 2011
Schedule 1
equine piroplasmosis (Babesia caballi, B. equi and Theileria 1
equi) 2
foot and mouth disease 3
footrot in sheep (Dichelobacter nodosus) 4
fowl typhoid (Salmonella gallinarum) 5
getah virus infection 6
glanders (Burkholderia mallei) 7
goat pox 8
haemorrhagic septicaemia 9
heartwater (Ehrlichia ruminantium) 10
infectious bursal disease (hypervirulent and exotic antigenic 11
variant forms) 12
jembrana disease 13
leishmaniasis (Leishmania spp.) of any species 14
louping ill 15
lumpy skin disease 16
maedi-visna 17
malignant catarrhal fever virus (wildebeest-associated) 18
menangle virus infection 19
Nairobi sheep disease 20
Newcastle disease (virulent) 21
nipah virus infection 22
peste des petits ruminants 23
porcine cysticercosis (Cysticercus cellulosae) 24
porcine enterovirus encephalomyelitis (Teschen) 25
porcine myocarditis (Bungowannah virus infection) 26
porcine reproductive and respiratory syndrome 27
post-weaning multisystemic wasting syndrome 28
Potomac fever 29
Page 473
Biosecurity Bill 2011
Schedule 1
pullorum disease (Salmonella pullorum) 1
pulmonary adenomatosis (Jaagsietke) 2
rabies 3
Rift Valley fever 4
rinderpest 5
salmonellosis (Salmonella abortus equi) 6
salmonellosis (Salmonella abortus ovis) 7
screw worm fly - New World (Cochliomyia hominivorax) 8
screw worm fly - Old World (Chrysomya bezziana) 9
sheep pox 10
sheep scab (Psoroptes ovis) 11
surra (Trypanosoma evansi) 12
swine influenza 13
swine vesicular disease 14
transmissible gastroenteritis 15
transmissible spongiform encephalopathies (including bovine 16
spongiform encephalopathy, chronic wasting disease of deer, 17
feline spongiform encephalopathy, scrapie) 18
trichinellosis (Trichinella spiralis) 19
tropilaelaps mite (Tropilaelaps clareae) 20
trypanosomiasis 21
tuberculosis (mammalian) 22
tularaemia (Francisella tularensis) 23
turkey rhinotracheitis (Avian metapneumovirus) 24
varroa mite (Varroa destructor) 25
varroa mite (Varroa jacobsoni) 26
vesicular exanthema 27
vesicular stomatitis 28
warble fly myiasis (Hypoderma spp.) 29
Page 474
Biosecurity Bill 2011
Schedule 1
Wesselsbron disease 1
West Nile virus infection (clinical) 2
Part 3 Invasive plants 3
acacias non-indigenous to Australia (Acaciella spp., 4
Mariosousa spp., Senegalia spp. (other than Senegalia 5
albizoides) and Acacia spp. (syn. Vachellia spp.) other than 6
Acacia nilotica and Acacia farnesiana) 7
anchored water hyacinth (Eichhornia azurea) 8
annual thunbergia (Thunbergia annua) 9
candleberry myrtle (Morella faya) 10
cholla cactus (Cylindropuntia spp. and hybrids, other than C. 11
fulgida, C. imbricata, C. prolifera, C. rosea, C. spinosior and 12
C. tunicate) 13
Christ's thorn (Ziziphus spina-christi) 14
Eurasian water milfoil (Myriophyllum spicatum) 15
fanworts (Cabomba spp. other than C. caroliniana) 16
floating water chestnuts (Trapa spp.) 17
harrisia cactus (Harrisia spp. syn. Eriocereus spp. other than 18
H. martinii, H. tortuosa and H. pomanensis syn. Cereus 19
pomanensis) 20
honey locust (Gleditsia spp. other than G. triacanthos) 21
horsetails (Equisetum spp.) 22
kochia (Bassia scoparia syn. Kochia scoparia) 23
lagarosiphon (Lagarosiphon major) 24
mesquites (all Prosopis spp. and hybrids other than P. 25
glandulosa, P. pallida and P. velutina) 26
Mexican bean tree (all Cecropia spp. other than C. 27
pachystachya, C. palmata and C. peltata) 28
Page 475
Biosecurity Bill 2011
Schedule 1
miconia (Miconia spp. other than M. calvescens, M. 1
cionotricha, M. nervosa and M. racemosa) 2
mikania (Mikania spp. other than M. micrantha) 3
Peruvian primrose bush (Ludwigia peruviana) 4
prickly pear (Opuntia spp. other than O. aurantiaca, O. elata, 5
O. ficus-indica, O. microdasys, O. monacantha, O. stricta, O. 6
streptacantha and O. tomentosa) 7
red sesbania (Sesbania punicea) 8
salvinias (Salvinia spp. other than S. molesta) 9
serrated tussock (Nassella trichotoma) 10
Siam weed (Chromolaena spp. other than C. odorata and C. 11
squalida) 12
spiked pepper (Piper aduncum) 13
water soldiers (Stratiotes aloides) 14
witch weeds (Striga spp. other than native species) 15
Part 4 Invasive animals 16
All amphibians, mammals and reptiles other than the 17
following-- 18
amphibians, mammals and reptiles that are restricted 19
biosecurity matter 20
amphibians, mammals and reptiles indigenous to 21
Australia, including marine mammals of the orders 22
Cetacea, Pinnipedia and Sirenia 23
alpaca (Lama pacos) 24
asian house gecko (Hemidactylus frenatus) 25
axolotl (Ambystoma mexicanum) 26
bison or American buffalo (Bison bison) 27
Page 476
Biosecurity Bill 2011
Schedule 1
black rat (Rattus rattus) 1
camel (Camelus dromedarius) 2
cane toad (Rhinella marina or Bufo marinus) 3
cattle (Bos spp.) 4
chital (axis) deer (Axis axis) 5
domestic Bengal cat (Prionailurus bengalensis x Felis 6
catus) 7
domestic cat (Felis catus) 8
domestic dog (Canis lupus familiaris) 9
donkey (Equus asinus) 10
European hare (Lepus europaeus) 11
fallow deer (Dama dama) 12
goat (Capra hircus) 13
guanicoe (Lama guanicoe) 14
guinea pig (Cavia porcellus) 15
horse (Equus caballus) 16
house mouse (Mus musculus) 17
llama (Lama glama) 18
mule (Equus caballus x Equus asinus) 19
pig (Sus scrofa) 20
red deer (Cervus elaphus) 21
rusa deer (Rusa timorensis or Cervus timorensis) 22
sewer rat (Rattus norvegicus) 23
sheep (Ovis aries) 24
water buffalo (Bubalus bubalis) 25
Page 477
Biosecurity Bill 2011
Schedule 1
Part 5 Marine animals and plants 1
American slipper limpet (Crepidula fornicata) 2
Asian bag mussel, Asian date mussel (Musculista senhousia) 3
Asian clam, brackish-water corbula (Corbula 4
(Potamocorbula) amurensis) 5
Asian green mussel (Perna viridis) 6
Asian seaweed (Sargassum muticum) 7
black striped mussel (Mytilopsis sallei) 8
brown mussel (Perna perna) 9
centric diatoms (Chaetoceros concavicorne, C. convolutes) 10
Chinese mitten crab (Eriocheir spp.) 11
colonial sea squirt (Didemnum spp. (exotic invasive strains 12
only)) 13
comb jelly (Mnemiopsis leidyi) 14
European barnacle (Balanus improvisus) 15
European clam (Varicorbula gibba) 16
European fan worm (Sabella spallanzanii) 17
European green crab (Carcinus maenas) 18
green macroalga (Caulerpa taxifolia (exotic strains only)) 19
green macroalga (Codium fragile ssp. tomentosoides) 20
jack-knife clam (Ensis directus) 21
Japanese seaweed (Undaria pinnatifida) 22
Japanese/Asian shore crab (Hemigrapsus sanguineus) 23
lady crab (Charybdis japonica) 24
marbled spinefoot, rabbit fish (Siganus rivulatus) 25
New Zealand screwshell (Maoricolpus roseus) 26
northern Pacific seastar (Asterias amurensis) 27
Pacific crab (Hemigrapsus takanoi/penicillatus) 28
Page 478
Biosecurity Bill 2011
Schedule 1
Pacific oyster (Crassostrea gigas) 1
pennate diatom (Pseudo-mitzschia seriata) 2
rapa whelk (Rapana venosa (syn Rapana thomasiana)) 3
red gilled mudworm (Marenzelleria spp.) 4
red macroalga (Grateloupia turuturu (syn Grateloupia 5
doryphora)) 6
round goby (Neogobius melanostomus) 7
soft shell clam (Mya arenaria) 8
toxic dinoflagellates (Dinophysis norvegica, Alexandrium 9
monilatum and Pfiesteria piseicida) 10
Part 6 Noxious fish 11
aba aba (Gymnarchus niloticus) 12
African butter catfish (Schilbe mystus) 13
African lungfish (Protopterus annectens) 14
African pike (Hepsetus odoe) 15
African pike-characin, tubenose poacher, fin eater (fish of the 16
subfamily Ichthyborinae) 17
American gar, alligator gar, armoured gar (Atractosteus spp. 18
and Lepisosteus spp.) 19
angler catfish, frogmouth catfish, squarehead catfish (Chaca 20
chaca) 21
banded jewelfish (Hemichromis fasciatus) 22
banded sunfish, spotted sunfish (family Centrachidae) 23
bighead carp (Aristichthys nobilis) 24
bluegill (Lepomis spp.) 25
bottlenose, cornish jack (Mormyrops anguilloides) 26
bowfin (Amia calva) 27
Page 479
Biosecurity Bill 2011
Schedule 1
brook stickleback (Culaea inconstans) 1
catla (Catla catla) 2
chameleon goby, striped goby (Tridentiger trigonocephalus) 3
Chinese swordfish (Psephurus gladius) 4
Chinese weatherfish, weatherloach (Misgurnus 5
anguillicaudatus) 6
climbing perch (Anabas testudineus) 7
copper mahseer (Neolissochilus hexagonolepis) 8
electric catfish (Malapterurus spp.) 9
electric eel (Electrophorus electricus) 10
European catfish, wels catfish (Silurus spp.) 11
flatnose catfish, dwarf giraffe catfish (Anaspidoglanis 12
macrostomus) 13
forktail lates (Lates microlepis) 14
fourspine stickleback (Apeltes quadracus) 15
freshwater minnow (Zacco platypus) 16
giant barb (Catlocarpio siamensis) 17
giant cichlid, yellow belly cichlid (Boulengerochromis 18
microlepis) 19
grass carp (Ctenopharyngodon idella) 20
largemouth bass (Micropterus salmoides) 21
marble goby (Oxyeleotris marmorata) 22
Mississippi paddlefish (Polyodon spathula) 23
mrigal (Cirrhinus cirrhosus) 24
ninespine stickleback (Pungitius pungitius) 25
orange-fin labeo (Labeo calbasu) 26
parasitic catfish, pencil catfish, candiru catfish (family 27
Trichomycteridae) 28
pike characin (Acestrorhynchus microlepis) 29
Page 480
Biosecurity Bill 2011
Schedule 1
pike cichlid (Crenicichla spp.) 1
pike minnow, pike killifish (Belonesox belizanus) 2
pikes (Esox spp.) 3
pink, slender, greenwoods, mortimers, cunean and green 4
happy (Sargochromis spp.) 5
piranhas, pacus (fish of the subfamily Serrasalminae, other 6
than Metynnis spp. and Myleus rubripinnis) 7
purpleface largemouth (Serranochromis spp.) 8
pygmy sunfish (Elassoma spp.) 9
red swamp crayfish (Procambarus clarkii) 10
ripsaw catfish, black doras, black shielded catfish (Oxydoras 11
spp.) 12
river carp, deccan, high backed, jungha, putitor, Thai mahseer 13
(Tor spp.) 14
rohu (Labeo rohita) 15
shiners (Notropis spp.) 16
silver carp (Hypophthalmichthys molitrix) 17
snakehead (Channa spp.) 18
snooks (Centropomus spp.) 19
Southern redbelly dace (Phoxinus erythrogaster) 20
stinging catfish (Heteropneustes fossilis) 21
tiger catfish (Pseudoplatystoma fasciatum) 22
tigerfish (African), pike characin (Hydrocynus spp., 23
subfamilies Hydrocyninae and Alestinae) 24
tigerfish (South American) or trahira (Erythrinus spp., 25
Hoplerythrinus spp. and Hoplias spp.) 26
tilapia (Sarotherodon spp.) 27
Ubangi shovelnose catfish (Bagrus ubangensis) 28
Valencia toothcarp (Valencia hispanica) 29
Page 481
Biosecurity Bill 2011
Schedule 1
walking catfish, airbreathing catfish (family Clariidae) 1
yellowfin goby (Acanthogobius flavimanus) 2
Part 7 Prohibited matter affecting 3
plants 4
Africanised bee (Apis mellifera scutellata, Lepeletier) 5
ampelopsis rust (Physopella ampelopsidis Knowlet) 6
angular leaf spot of strawberry (Xanthomonas fragariae B.W. 7
Kennedy and King) 8
apple leaf curling midge (Dasyneura mali Kieffer) 9
armyworm (Mythimna unipuncta Haworth) 10
Asian citrus psyllid (Diaphorina citri Kuw.) 11
Asian honey bee (Apis cerana excluding A. cerana javana 12
Fabricius, A. dorsata, A. florea) 13
Asian sugarcane planthopper (Perkinsiella thompsoni Muir.) 14
bacterial blight, angular leaf spot (Xanthomonas axonopodis 15
pv. malvacearum)--resistant strains 16
bacterial leaf blight of maize (Pantoea stewartii subsp. 17
stewartii (E.F. Smith) Mergaert et al.) 18
bacterial ring rot of potato (Clavibacter michiganensis subsp. 19
sepedonicus (Spiek and Kotth.) Davis et al.) 20
banana bract mosaic virus (Banana bract mosaic virus) 21
banana skipper (Erionota thrax (Linnaeus)) 22
banana stem weevil (Odoiporus longicollis (Oliver)) 23
black knot (Apiosporina morbosa (Schwein.) Arx (1954)) 24
black rot (Guignardia bidwellii (Ellis) Viala and Ravaz) 25
black Sigatoka (Mycosphaerella fijiensis M. Morelet 26
(anamorph Paracercospora fijiensis (M. Morelet) Deighton)) 27
Page 482
Biosecurity Bill 2011
Schedule 1
blackline (Cherry leaf roll virus) 1
blood disease bacterium 2
branched broomrape (Orobanche ramosa L.) 3
breadfruit fruit fly (Bactrocera umbrosa (Fabricius)) 4
brown rot (Monilinia fructigena Honey ex Whetzel 5
(anamorph Sclerotinia fructigena Aderhold et Ruhl.)) 6
camellia petal blight (Ciborinia camelliae L.M. Kohn (1979)) 7
chestnut blight (Cryphonectria parasitica (Murrill) M.E. Barr 8
(1978)) 9
Chinese fruit fly (Bactrocera minax (Enderlein)) 10
citrus black fly (Aleurocanthus woglumi Ashby) 11
citrus canker (Xanthomonas axonopodis pv. citri (Hasse) 12
Vauterin) 13
citrus fruit borer (Citripestis sagitiferella (Moore)) 14
citrus greening, Huanglongbing, HLB ("Candidatus 15
Liberibacter asiaticus") 16
coconut cadang-cadang viroid (Coconut cadang-cadang 17
viroid) 18
coffee leaf rust (Hemileia vastatrix Berk. Broome) 19
Colorado potato beetle (Leptinotarsa decemlineata (Say)) 20
Cook Islands fruit fly (Bactrocera melanotus (Coquillett)) 21
cotton boll weevil (Anthonomus grandis Boheman) 22
cotton leaf curl disease (Cotton leaf curl virus) 23
cut worm (Agrotis interjectionis (Guenée)) 24
downy mildew of sugarcane (Peronosclerospora sacchari (T. 25
Miyake) Shirai and K. Hara) 26
drywood longicorn beetle (Stromatium barbatum) 27
Dutch elm disease (Ceratocystis ulmi (Buisman) C. Moreau 28
(1952)) 29
eucalyptus canker (Cryphonectria cubensis (Bruner) Hodges) 30
Page 483
Biosecurity Bill 2011
Schedule 1
eucalyptus/guava rust (Puccinia psidii sensu lato G. Winter 1
(1884)) excluding P. psidii anamorph Uredo rangelii (J.A. 2
Simpson, K. Thomas & Grgur (2006)) 3
Eumusae leaf spot (Mycosphaerella eumusae Crous & Mour.) 4
European house borer (Hylotrupes bajulus (Linnaeus)) 5
European stone fruit yellows (Apricot chlorotic leaf roll 6
phytoplasma) 7
European stone fruit yellows phytoplasma (European stone 8
fruit yellows phytoplasma) 9
false codling moth (Cryptophlebia leucotreta (Meyrick)) 10
Fijian fruit fly (Bactrocera passiflorae (Froggatt)) 11
fire blight (Erwinia amylovora (Burrill) Winslow et al.) 12
freckle (cavendish strain) (Guignardia musae Racib. 13
(anamorph Phyllosticta musarum (Cooke) Aa (1909)) 14
fruit fly (Bactrocera atrisetosa (Perkins)) 15
fruit fly (Bactrocera decipiens (Drew)) 16
fruit fly (Bactrocera kirki (Froggatt)) 17
fruit fly (Bactrocera occipitalis (Bezzi)) 18
fruit fly (Bactrocera tau (Walker)) 19
fruit fly (Bactrocera trilineola Drew) 20
fruit fly (Bactrocera trivialis (Drew)) 21
fruit fly (Bactrocera xanthodes (Broun)) 22
giant African snail (Achatina fulica) 23
glassy winged sharpshooter (Homalodisca coagulata (Say)) 24
golden apple snail (Pomacea canaliculata) 25
golden potato cyst nematode (Globodera rostochiensis 26
(Wollenweber) Behrens) 27
grape leaf-folder (Desmia funeralis (Hübner)) 28
grape phylloxera (Daktulosphaira vitifolii (Fitch)) 29
Page 484
Biosecurity Bill 2011
Schedule 1
grape root rot (Roesleria subterranea (Weinm.) Redhead 1
(1985)) 2
grapevine leaf rust (Phakopsora euvitis Y. Ono (2000)) 3
green snail (Helix aperta) 4
guava fruit fly (Bactrocera correcta (Bezzi)) 5
Gypsy moth complex (Lymantria dispar) 6
hazelnut blight (Anisogramma anomala (Peck) E. Müll.) 7
hessian fly (Mayetiola destructor (Say)) 8
Indian cotton leafhopper (Amrasca biquttula biquttula 9
(Ishida)) 10
Indian fruit fly (Bactrocera caryeae (Kapoor)) 11
Japanese citrus fruit fly (Bactrocera tsuneonis (Miyake)) 12
karnal bunt of wheat (Tilletia indica Mitra) 13
khapra beetle (Trogoderma granarium Everts) 14
Large earth bumble bee (Bombus terrestris) 15
leaf scorch of sugarcane (Stagonospora sacchari T.T. Lo and 16
L. Ling (1950)) 17
lime gall wasp (Bruchophagus muli (Boucek and Brough)) 18
Longhorn beetle (Monochamus spp.) 19
mal secco (Deuterophoma tracheiphila Petri (anamorph 20
Phoma tracheiphila (Petri) LA Kantsch. & Gikaschvili)) 21
mango malformation (Fusarium spp.) 22
mango pulp weevil (Sternochetus frigidus (Fabricius)) 23
Mediterranean fruit fly (Ceratitis capitata (Wiedemann)) 24
melon fly (Bactrocera cucurbitae (Coquillett)) 25
navel orangeworm (Amyelois transitella Walker) 26
Oriental fruit fly (Bactrocera dorsalis (Hendel)) 27
Panama disease, fusarium wilt of banana (Fusarium 28
oxysporum Schltdl. Fr. f. sp. cubense (E.F. Smith) W.C. 29
Snyder and H.N. Hansen (Tropical race 4)) 30
Page 485
Biosecurity Bill 2011
Schedule 1
papaya fruit fly (Bactrocera papayae Drew and Hancock) 1
peach fruit fly (Bactrocera zonata (Saunders)) 2
peach X phytoplasma (Peach X phytoplasma (including peach 3
eastern X phytoplasma)) 4
peanut stripe virus (Peanut stripe virus) 5
pear fruit moth (Numonia pirivorella (Matsumura)) 6
Philippine downy mildew (Peronosclerospora philippinensis 7
(W. Weston) C.G. Shaw) 8
Philippine fruit fly (Bactrocera philippinensis Drew and 9
Hancock) 10
Pierce's disease (Xylella fastidiosa Wells et al.) 11
pinewood nematode species complex (Bursaphelenchus spp.) 12
pink stalk borer (Sesamia grisescens Walker) 13
pitch canker (Fusarium circinatum) 14
plum weevil (Conotrachelus nenuphar (Herbst)) 15
potato spindle tuber viroid (Potato spindle tuber viroid) 16
powder post beetle (Lyctus africanus) 17
Ralstonia solanacearum strains causing moko and bugtok 18
disease in banana 19
red spider mite (Tetranychus piercei Mcgregor) 20
red stele (Phytophthora fragariae var. fragariae Hickman) 21
rice water weevil (Lissorhoptrus oryzophilus Kuschel) 22
Rosellinia root rot (Rosellinia necatrix Berl. Ex Prill. 23
(anamorph Dematophora necatrix R. Hartig)) 24
rough strawberry weevil (Otiorhynchus rugosostriatus) 25
Russian wheat aphid (Diuraphis noxia (Mordvilko)) 26
sharka (Plum pox virus) 27
solanum fruit fly (Bactrocera latifrons (Hendel)) 28
sorghum mosaic virus (Sorghum mosaic virus) 29
Page 486
Biosecurity Bill 2011
Schedule 1
Sri Lankan fruit fly (Bactrocera kandiensis Drew and 1
Hancock) 2
stem borer (Chilo spp.) 3
strawberry bud weevil (Anthonomus bisignifer Schenkling) 4
strawberry tortrix (Acleris comariana Lienig and Zeller) 5
subterranean termites, exotic (Coptotermes spp.) 6
sudden oak death (Phytophthora ramorum Werres, De Cock 7
and Man in't Veld) 8
sugarcane leafhopper (Pyrilla perpusilla (Walker)) 9
sugarcane Ramu stunt virus (Sugarcane Ramu stunt virus) 10
sugarcane streak mosaic virus (Sugarcane streak mosaic 11
virus) 12
sugarcane white leaf phytoplasma (white leaf) (Sugarcane 13
white leaf phytoplasma) 14
sugarcane whitefly (Aleurolobus barodensis (Maskell)) 15
sugarcane woolly aphid (Ceratovacuna lanigera Zehntner) 16
Sumatra disease bacterium (Pseudomonas syzygii I. Roberts 17
et al.) 18
summer fruit tortrix (Adoxophyes orana Fischer von 19
Rösslerstamm) 20
Texas root rot (Phymatotrichum omnivorum Duggar (1916)) 21
tomato/potato psyllid (Bactericera cockerelli) 22
Tongan fruit fly (Bactrocera facialis (Coquillett)) 23
variegated cutworm (Peridroma saucia (Hübner)) 24
verticillium wilt (Verticillium dahliae)--defoliating strain 25
western gall rust (Endocronartium harknessii) 26
western plant bug (Lygus hesperus) 27
wheat spindle streak mosaic virus (Wheat spindle streak 28
mosaic virus) 29
Page 487
Biosecurity Bill 2011
Schedule 1
white potato cyst nematode (Globodera pallida (Stone) 1
Behrens) 2
zebra chip (Candidatus liberibacter psyllaurous) 3
Part 8 Tramp ants 4
Argentine ant (Linepithema humile (Mayr)) 5
tropical fire ant or ginger ant (Solenopsis geminata 6
(Fabricius)) 7
Page 488
Biosecurity Bill 2011
Schedule 2
Schedule 2 Restricted matter and 1
categories 2
sections 20 and 37 3
Note-- 4
Biosecurity matter may also be declared to be, or not to be, restricted 5
matter under a restricted matter regulation under chapter 2. 6
Part 1 Restricted matter--other than 7
invasive plants and animals 8
Restricted matter Category
numbers
Aquatic diseases, parasites and viruses
Aeromonas salmonicida--atypical strains 1
Batrachochytrium dendropbatidis (amphibian) 1
Bonamia species 1
epizootic ulcerative syndrome (Aphanomyces invadans) 1
gill-associated virus 1
hypodermal and haematopoietic necrosis virus (exotic strain) 1
Marteilia sydneyi 1
monodon slow growth syndrome 1
Perkinsus olseni 1
ranavirus (amphibian) 1
Taura syndrome 1
viral encephalopathy and retinopathy 1
white spot disease 1
white tail disease 1
yellowhead disease 1
Page 489
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
Restricted matter affecting animals
American foulbrood (Paenibacillus larvae) 1
anthrax (Bacillus anthracis) 1
Australian bat lyssavirus 1
avian influenza, low pathogenic 1
Avian laryngotracheitis virus 1
avian tuberculosis (Mycobacterium avium) 1
bluetongue virus 1
brucellosis (Brucella suis) 1
cysticercus bovis (Taenia saginata) 1
enzootic bovine leucosis 1
equine herpes virus 1 (abortogenic and neurological strains) 1
equine infectious anaemia 1
equine viral arteritis 1
European foulbrood (Melissococcus pluten) 1
Hendra virus infection 1
infectious laryngotracheitis virus 1
Japanese encephalitis 1
Johne's disease 1
Newcastle disease (avirulent) 1
salmonella enteritidis infection in poultry (Salmonella
enteritidis) 1
small hive beetle (Aethina tumida) 1
Noxious fish
carp (Cyprinus carpio) 3,5,6,8
gambusia, mosquito fish (Gambusia spp.) 3,5,6,8
Nile perch (Lates niloticus) 3,5,6,8
tilapia (Oreochromis spp. and Tilapia spp.) 2,3,5,6,8
Restricted matter affecting plants
Asian honey bee (Apis cerana javana Fabricius) 1
Page 490
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
banana bunchy top virus (Babuvirus) 1
West Indian drywood termite (Cryptotermes brevis (Walker)) 1
Tramp ants
electric ant or little fire ant (Wasmannia auropunctata (Roger))1
red imported fire ant (Solenopsis invicta (Buren)) 1
yellow crazy ant (Anoplolepis gracilipes (Smith)) 1
Part 2 Restricted matter--invasive 1
plants and animals 2
Restricted matter Category
numbers
Invasive plants
African boxthorn (Lycium ferocissimum) 3,7
African fountain grass (Pennisetum setaceum) 3,7
African tulip tree (Spathodea campanulata) 3,7
alligator weed (Alternanthera philoxeroides) 3,7
annual ragweed (Ambrosia artemisiifolia) 3,7
asparagus fern (Asparagus aethiopicus `Sprengeri', A.
africanus and A. plumosus) 3,7
athel pine (Tamarix aphylla) 3,7
badhara bush (Gmelina elliptica) 2,3,4,5,7
balloon vine (Cardiospermum grandiflorum) 3,7
belly-ache bush (Jatropha gossypiifolia and hybrids) 3,7
bitou bush, boneseed (Chrysanthemoides monilifera) 2,3,4,5,7
blackberry (Rubus anglocandicans, Rubus fruticosus agg.) 3,7
bridal creeper (Asparagus asparagoides) 2,3,4,7
broad-leaved pepper tree (Schinus terebinthifolius) 3,7
cabomba (Cabomba caroliniana) 3,7
Page 491
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
camphor laurel (Cinnamomum camphora) 3,7
cat's claw creeper (Macfadyena unguis-cati) 3,7
Chilean needle grass (Nassella neesiana) 3,7
chinee apple (Ziziphus mauritiana) 3,7
Chinese celtis (Celtis sinensis) 3,7
cholla cacti with the following names--
· coral cactus (Cylindropuntia fulgida) 3,7
· devil's rope pear (C. imbricata) 3,7
· Hudson pear (C. rosea) 3,7
· jumping cholla (C. prolifera) 3,7
· snake cactus (C. spinosior) 3,7
Dutchman's pipe (Aristolochia spp. other than native species) 3,7
fireweed (Senecio madagascariensis) 3,7
gamba grass (Andropogon gayanus) 3,7
giant sensitive plant (Mimosa diplotricha var. diplotricha) 3,7
gorse (Ulex europaeus) 3,7
groundsel bush (Baccharis halimifolia) 3,7
harrisia cactus (Harrisia martinii, H. tortuosa and H.
pomanensis syn. Cereus pomanensis) 3,7
harungana (Harungana madagascariensis) 3,7
honey locust (Gleditsia triacanthos including cultivars and
varieties) 3,7
hygrophila (Hygrophila costata) 3,7
hymenachne or olive hymenachne (Hymenachne amplexicaulis
and hybrids) 3,4,7
Koster's curse (Clidemia hirta) 2,3,4,5,7
kudzu (Pueraria montana var. lobata syn. P. lobata, P. triloba
other than in the Torres Strait Islands) 3,7
lantanas--
· creeping lantana (Lantana montevidensis) 3,7
· lantana, common lantana (Lantana camara) 3,7
limnocharis, yellow burrhead (Limnocharis flava) 2,3,4,5,7
Page 492
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
Madeira vine (Anredera cordifolia) 3,7
Madras thorn (Pithecellobium dulce) 2,3,4,7
mesquites--
· honey mesquite (Prosopis glandulosa) 3,7
· mesquite or algarroba (Prosopis pallida) 3,7
· Quilpie mesquite (Prosopis velutina) 3,7
Mexican bean tree (Cecropia palmata and C. peltata) 2,3,4,7
Mexican feather grass (Nassella tenuissima) 2,3,4,5,7
miconia with the following names--
· Miconia calvescens 2,3,4,5,7
· M. cionotricha 2,3,4,5,7
· M. nervosa 2,3,4,5,7
· M. racemosa 2,3,4,5,7
mikania vine (Mikania micrantha) 2,3,4,5,7
mimosa pigra (Mimosa pigra) 2,3,4,5,7
mother of millions (Bryophyllum delagoense syn. B.
tubiflorum, Kalanchoe delagoensis) 3,7
mother of millions hybrid (Bryophyllum x houghtonii (syn. B.
daigremontianum x B. delagoense, Kalanchoe x houghtonii) 3,7
ornamental gingers--
· Kahili ginger (Hedychium gardnerianum) 3,7
· white ginger (H. coronarium) 3,7
· yellow ginger (H. flavescens) 3,7
parkinsonia (Parkinsonia aculeata) 3,7
parthenium (Parthenium hysterophorus) 3,7
pond apple (Annona glabra) 3,7
prickly acacia (Acacia nilotica) 3,7
prickly pears--
· bunny ears (Opuntia microdasys) 3,7
· common pest pear, spiny pest pear (O. stricta syn. O.
inermis) 3,7
· drooping tree pear (O. monacantha syn. O. vulgaris) 3,7
Page 493
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
· prickly pear (O. elata) 3,7
· tiger pear (O. aurantiaca) 3,7
· velvety tree pear (O. tomentosa) 3,7
· Westwood pear (O. streptacantha) 3,7
privets--
· broad-leaf privet, tree privet (Ligustrum lucidum) 3,7
· small-leaf privet, Chinese privet (L. sinense) 3,7
rat's tail grasses--
· American rat's tail grass (Sporobolus jacquemontii) 3,7
· giant Parramatta grass (S. fertilis) 3,7
· giant rat's tail grass (S. pyramidalis and S. natalensis) 3,7
rubber vines--
· ornamental rubber vine (Cryptostegia madagascariensis) 3,7
· rubber vine (C. grandiflora) 3,7
salvinia (Salvinia molesta) 3,7
Senegal tea (Gymnocoronis spilanthoides) 2,3,4,5,7
Siam weed with the following names--
· Chromolaena odorata 2,3,4,5,7
· C. squalida 2,3,4,5,7
sicklepods--
· foetid cassia (Senna tora) 3,7
· hairy cassia (S. hirsuta) 3,7
· sicklepod (S. obtusifolia) 3,7
Singapore daisy (Sphagneticola trilobata syn. Wedelia 3,7
trilobata)
telegraph weed (Heterotheca grandiflora) 3,7
thunbergias--
· laurel clockvine (Thunbergia laurifolia) 3,7
· thunbergia or blue thunbergia (Thunbergia grandiflora) 3,7
tobacco weed (Elephantopus mollis) 3,7
water hyacinth (Eichhornia crassipes) 3,7
water lettuce (Pistia stratiotes) 3,7
Page 494
Biosecurity Bill 2011
Schedule 2
Restricted matter Category
numbers
water mimosa (Neptunia oleracea and N. Plena) 2,3,4,5,7
willows (all Salix spp. other than S. babylonica, S. x.
calodendron and S. x. reichardtii) 3,7
yellow bells (Tecoma stans) 3,7
yellow oleander, Captain Cook tree (Cascabela thevetia syn.
Thevetia peruviana) 3,7
Invasive animals
cat (Felis catus), other than a domestic cat 4,6,7
dingo (Canis lupus dingo) 3,4,5,6,7
dog (Canis lupus familiaris), other than a domestic dog 4,6,7
European fox (Vulpes vulpes) 3,4,5,6,7
European rabbit (domestic and wild breeds) (Oryctolagus
cuniculus) 3,4,5,6,7
feral chital (axis) deer (Axis axis) 4,6,7
feral fallow deer (Dama dama) 4,6,7
feral pig (Sus scrofa) 4,6,7
feral red deer (Cervus elaphus) 4,6,7
feral rusa deer (Cervus timorensis) 4,6,7
feral goat (Capra hircus) 4,6,7
red-eared slider turtle (Trachemys scripta elegans) 2,3,4,5,6,7
1
Page 495
Biosecurity Bill 2011
Schedule 3
Schedule 3 Acts amended 1
section 697 2
Amendment of this Act 3
1 Long title, from `, to repeal'-- 4
omit. 5
Animal Care and Protection Act 2001 6
1 Section 42(3), definition pest animal, paragraph (b)-- 7
omit, insert-- 8
`(b) noxious fish that are prohibited matter or restricted 9
matter under the Biosecurity Act 2011; 10
Notes-- 11
1 See the Biosecurity Act 2011, schedule 1, part 6 or schedule 12
2, part 1, under the heading noxious fish. 13
2 See also the note to the Biosecurity Act 2011, schedules 1 14
and 2.'. 15
2 Section 42(3), definition pest animal, paragraph (e), from 16
`Fisheries Act 1994'-- 17
omit, insert-- 18
`Biosecurity Act 2011 or another Act.'. 19
Page 496
Biosecurity Bill 2011
Schedule 3
Brands Act 1915 1
1 Section 11A(5A), `chief inspector of stock within the 2
meaning of the Stock Act 1915'-- 3
omit, insert-- 4
`chief executive administering the Biosecurity Act 2011'. 5
2 Section 11A(7), `chief inspector of stock'-- 6
omit, insert-- 7
`chief executive administering the Biosecurity Act 2011'. 8
3 Section 32, from `chief inspector of stock' to `chief 9
inspector for'-- 10
omit, insert-- 11
`chief executive administering the Biosecurity Act 2011 do not 12
incur any liability on account of anything reasonably done by 13
the inspector or chief executive for'. 14
Cape York Peninsula Heritage Act 2007 15
1 Section 25(2)(c), `Stock Act 1915'-- 16
omit, insert-- 17
`Biosecurity Act 2011'. 18
2 Schedule, definition high risk species, paragraph (b), `a 19
declared pest plant under the Land Protection (Pest 20
Management) Act 2002, or another'-- 21
omit, insert-- 22
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`prohibited matter or restricted matter, other than native 1
species of restricted matter, under the Biosecurity Act 2011, 2
or a'. 3
Disaster Management Act 2003 4
1 Section 9(4), examples, second dot point, `an outbreak of 5
an exotic disease, the chairperson of the State group may 6
direct an inspector under the Exotic Diseases in Animals 7
Act 1981'-- 8
omit, insert-- 9
`prohibited matter under the Biosecurity Act 2011, the chairperson 10
of the State group may direct an authorised person under that Act'. 11
Environmental Protection Act 1994 12
1 Section 23(2), entry for Exotic Diseases in Animals Act 13
1981-- 14
omit. 15
2 Section 23(2)-- 16
insert-- 17
`· Biosecurity Act 2011'. 18
Page 498
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Judicial Review Act 1991 1
1 Schedule 1, part 1, entries for Exotic Diseases in Animals 2
Act 1981 and Plant Protection Act 1989'-- 3
omit. 4
2 Schedule 1, part 1-- 5
insert-- 6
`Biosecurity Act 2011, section 516'. 7
Land Act 1994 8
1 Schedule 6, definition declared pest-- 9
omit, insert-- 10
`declared pest means an invasive plant or invasive animal, 11
other than a native species of plant or animal, that is-- 12
(a) prohibited matter or restricted matter under the 13
Biosecurity Act 2011; or 14
Notes-- 15
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 16
schedule 2, part 2. 17
2 See also the note to the Biosecurity Act 2011, schedules 1 18
and 2. 19
(b) controlled biosecurity matter or regulated biosecurity 20
matter under the Biosecurity Act 2011.'. 21
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Police Powers and Responsibilities Act 2000 1
1 Section 14(3), example, `Stock Act 1915'-- 2
omit, insert-- 3
`Biosecurity Act 2011'. 4
Public Health Act 2005 5
1 Section 22(1), from `animal'-- 6
omit, insert-- 7
`animal that is a carrier of-- 8
(a) prohibited matter or restricted matter under the 9
Biosecurity Act 2011; or 10
Notes-- 11
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 12
schedule 2, part 2. 13
2 See also the note to the Biosecurity Act 2011, schedules 1 14
and 2. 15
(b) controlled biosecurity matter or regulated biosecurity 16
matter under the Biosecurity Act 2011.'. 17
2 Section 22(2), from `of the department'-- 18
omit, insert-- 19
`administering the Biosecurity Act 2011.'. 20
3 Section 36(3), from `the outbreak'-- 21
omit, insert-- 22
`1 of the following matters that affects animals-- 23
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(a) prohibited matter or restricted matter under the 1
Biosecurity Act 2011; 2
Notes-- 3
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 4
schedule 2, part 2. 5
2 See also the note to the Biosecurity Act 2011, schedules 1 6
and 2. 7
(b) controlled biosecurity matter or regulated biosecurity 8
matter under the Biosecurity Act 2011.'. 9
4 Section 36(4), from `of the department'-- 10
omit, insert-- 11
`administering the Biosecurity Act 2011.'. 12
5 Schedule 2, definitions exotic disease and notifiable 13
disease-- 14
omit. 15
Public Interest Disclosure Act 2010 16
1 Schedule 2-- 17
insert-- 18
`Biosecurity Act 2011 19
· section 35 (Reporting presence of prohibited matter) 20
· section 36 (Dealing with prohibited matter) 21
· section 41 (Reporting presence of category 1 or 2 22
restricted matter) 23
· section 43 (Requirement to kill or dispose of category 8 24
restricted matter) 25
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· section 44 (Offences about other categories of restricted 1
matter)'. 2
2 Schedule 2, entry for Fisheries Act 1994, entry for section 3
89-- 4
omit. 5
3 Schedule 2, entry for Fisheries Act 1994, entry for section 6
92-- 7
omit, insert-- 8
`· section 92 (Duty of person who takes or possesses 9
non-indigenous fisheries resources)'. 10
Public Safety Preservation Act 1986 11
1 Section 11(3), example 2, from `an outbreak' to `1981'-- 12
omit, insert-- 13
`prohibited matter under the Biosecurity Act 2011, the CBRE 14
commander may direct an authorised officer under that Act'. 15
2 Schedule, definitions chief veterinary officer and 16
veterinary officer-- 17
omit, insert-- 18
`chief veterinary officer means a veterinary surgeon under the 19
Veterinary Surgeons Act 1936 employed to perform functions 20
as the chief veterinary officer for the department in which the 21
Biosecurity Act 2011 is administered. 22
veterinary officer means a public service employee who is a 23
veterinary surgeon under the Veterinary Surgeons Act 1936.'. 24
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Vegetation Management Act 1999 1
1 Schedule, definition declared pest-- 2
omit, insert-- 3
`declared pest means an invasive plant or invasive animal, 4
other than a native species of plant or animal, or a disease, that 5
is-- 6
(a) prohibited matter or restricted matter under the 7
Biosecurity Act 2011; or 8
Notes-- 9
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 10
schedule 2, part 2. 11
2 See also the note to the Biosecurity Act 2011, schedules 1 12
and 2. 13
(b) controlled biosecurity matter or regulated biosecurity 14
matter under the Biosecurity Act 2011.'. 15
Veterinary Surgeons Act 1936 16
1 Section 29C(1), from `spread of--'-- 17
omit, insert-- 18
`spread of-- 19
(a) prohibited matter or restricted matter under the 20
Biosecurity Act 2011; or 21
Notes-- 22
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 23
schedule 2, part 2. 24
2 See also the note to the Biosecurity Act 2011, schedules 1 25
and 2. 26
(b) controlled biosecurity matter or regulated biosecurity 27
matter under the Biosecurity Act 2011.'. 28
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2 Section 29C(5), definitions declared pest, disease and 1
exotic disease-- 2
omit. 3
3 Section 33E, heading, `stock'-- 4
omit. 5
4 Section 33E(1), `a stock inspector'-- 6
omit, insert-- 7
`an inspector under the Biosecurity Act 2011'. 8
5 Section 33E(2), `a stock inspector'-- 9
omit, insert-- 10
`an inspector'. 11
6 Section 33E(2), `the Stock Act 1915'-- 12
omit, insert-- 13
`the Biosecurity Act 2011'. 14
7 Schedule, definition stock inspector-- 15
omit. 16
Water Act 2000 17
1 Schedule 4, definition declared pest-- 18
omit, insert-- 19
`declared pest means an invasive plant or invasive animal, or a 20
disease, that is-- 21
Page 504
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(a) prohibited matter or restricted matter under the 1
Biosecurity Act 2011; or 2
Notes-- 3
1 See the Biosecurity Act 2011, schedule 1, part 3 or 4 or 4
schedule 2, part 2. 5
2 See also the note to the Biosecurity Act 2011, schedules 1 6
and 2. 7
(b) controlled biosecurity matter or regulated biosecurity 8
matter under the Biosecurity Act 2011.'. 9
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Schedule 4 Dictionary 1
section 12 2
acceptable biosecurity certificate means a certificate that is 3
an acceptable biosecurity certificate under section 382(2)(a), 4
(b) or (c). 5
accepted representations, for a show cause notice-- 6
(a) for chapter 4, part 3, division 3, subdivision 3--see 7
section 88(2); or 8
(b) for chapter 15, part 3--see section 453(2). 9
accreditation means accreditation under chapter 13. 10
accreditation conditions see section 400(1). 11
accredited certifier means a person who holds accreditation 12
under chapter 13 to give biosecurity certificates. 13
action includes stopping an action. 14
administering executive means-- 15
(a) for a person appointed under this Act as an authorised 16
person by the chief executive--the chief executive; or 17
(b) for a person appointed under this Act as an authorised 18
person by a chief executive officer--the chief executive 19
officer; or 20
(c) for a person appointed under this Act as an authorised 21
person by 2 or more chief executive officers--the chief 22
executive officers jointly. 23
administrator, for a relevant entity, see section 302(4). 24
adopted provisions, of a code of practice, see section 71(1)(a). 25
aggravated offence see section 26(1). 26
agricultural activities include-- 27
(a) cultivating soil; and 28
(b) broadcasting seed to establish an improved pasture; and 29
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(c) planting, gathering or harvesting a crop, including a 1
food or fibre crop; and 2
(d) growing non-indigenous grasses, legumes or forage 3
cultivars; and 4
(e) horticulture or viticulture activities. 5
agricultural show means any show or exhibition event of 6
limited duration, not including an event that is or is in the 7
nature of a travelling circus or zoo, that includes the 8
exhibition of designated animals, including, for example, in 9
sporting events or show ring events. 10
Examples-- 11
camp drafting school, horse racing, pony club, rodeo school 12
amended Act, for chapter 18, part 2, division 4, see section 13
607. 14
animal means any member of the animal kingdom (other than 15
a human), whether alive or dead, and includes-- 16
(a) a live pre-natal or pre-hatched creature; and 17
(b) the whole or any part of an embryo, or the eggs, ovum, 18
semen or other genetic or reproductive material, of an 19
animal; and 20
(c) the whole or any part of the progeny, larvae or pupae of 21
an animal. 22
animal husbandry activities means-- 23
(a) breeding, keeping, raising or caring for animals, for 24
commercial purposes; or 25
(b) establishing and operating a dairy, feedlot, piggery or 26
animal saleyard; or 27
(c) grazing animals; or 28
(d) aquaculture; or 29
(e) beekeeping; or 30
(f) poultry farming of more than 500 birds; or 31
(g) testing and inoculation of animals, including using 32
diagnostic agents, serums and vaccines. 33
Page 507
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animal material means-- 1
(a) an animal carcass; or 2
(b) any material derived from an animal that is a vertebrate. 3
Examples-- 4
blood, bone, faeces, meal, meat, tissue 5
animal matter-- 6
1 Animal matter is-- 7
(a) animal material; or 8
(b) swill. 9
2 Animal matter does not include-- 10
(a) gelatine, milk, milk products, oil and tallow 11
derived from an animal; or 12
(b) oil previously used for the purposes of cooking 13
that-- 14
(i) has been filtered or otherwise treated to 15
remove visible particles of matter; and 16
(ii) complies with a specification of a maximum 17
of 2% M+I. 18
3 For paragraph 1(b), swill is food or food scraps that-- 19
(a) contain or may contain animal material; or 20
(b) have been, or may have been, in contact with 21
animal material. 22
Example-- 23
food or food scraps that may have been in contact with 24
meat used in the preparation of food at a restaurant, hotel 25
or domestic premises 26
approval, in relation to an auditor, means an approval issued 27
under chapter 14. 28
approved device see section 166. 29
approved device requirement means section 171(2). 30
Page 508
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approved form means a form approved by the chief executive 1
under section 520. 2
approved NLIS administrator see section 160(1). 3
audit means an audit conducted under chapter 14. 4
auditor means a person approved as an auditor under chapter 5
14. 6
auditor's approval means an approval as an auditor obtained 7
under chapter 14. 8
authorised officer means an authorised person or an 9
inspector. 10
authorised person means a person appointed as an authorised 11
person under section 236. 12
authorised transport officer, for chapter 5, means a person, 13
other than a police officer, who holds appointment as an 14
authorised officer or accredited person under TORUM, 15
chapter 3, part 2 and who also holds appointment under 16
chapter 9, part 1, division 3 as an authorised person under this 17
Act. 18
barrier fence means the Invasive Animals Barrier Fence. 19
barrier fence board means the Invasive Animals Barrier 20
Fence Board established under section 460. 21
bee means-- 22
(a) a honey bee Apis mellifera L.; or 23
(b) another genus or species declared under a regulation to 24
be a bee under this Act. 25
beekeeper registration, for chapter 15, see section 446. 26
biosecurity certificate see section 381. 27
biosecurity circumstance see section 128. 28
biosecurity consideration see section 4(a). 29
biosecurity emergency means a biosecurity emergency as 30
provided for in a biosecurity emergency order. 31
Page 509
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biosecurity emergency area, for a biosecurity emergency 1
order, see section 100(1)(b). 2
biosecurity emergency checkpoints see section 100(3)(a). 3
biosecurity emergency order see section 99(1). 4
biosecurity emergency order permit see section 107(2). 5
biosecurity emergency provisions means the provisions of 6
chapter 5. 7
biosecurity event see section 13. 8
biosecurity instrument, for chapter 5, part 4, see section 117. 9
biosecurity instrument permit see section 118(2). 10
biosecurity matter see section 14. 11
biosecurity order see section 363(1). 12
biosecurity plan means a biosecurity plan made by a local 13
government under chapter 3, part 2. 14
biosecurity program see section 219. 15
biosecurity register see section 161. 16
biosecurity response see section 327. 17
biosecurity risk see section 15. 18
biosecurity risk matter see section 79(2)(b). 19
biosecurity risk status details, for a registered biosecurity 20
entity, means details of any biosecurity risk posed by any 21
designated animal or designated biosecurity matter to which 22
the entity's registration relates. 23
biosecurity zone means an area identified as a biosecurity 24
zone under biosecurity zone regulatory provisions. 25
biosecurity zone regulatory provisions see section 114(1). 26
board employee see section 487(1). 27
captive bird means a bird that is-- 28
(a) a fowl, duck, goose, turkey, guinea fowl, pheasant, 29
japanese quail (Coturnix coturnix japonica), partridge 30
or pigeon; or 31
Page 510
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(b) the young of a bird that is a captive bird under paragraph 1
(a); or 2
(c) a bird in captivity, whether wild by nature or bred in 3
captivity and whether native to Queensland, migratory 4
or introduced; or 5
(d) a bird prescribed under a regulation to be a captive bird 6
under this Act. 7
carrier see section 16. 8
central nominating group of local governments see section 9
470(3). 10
change notice, for chapter 6, part 2, division 5--see section 11
163. 12
check audit, of the business of the other party to a compliance 13
agreement or of an accredited certifier's activities as an 14
accredited certifier, means an audit of the business or 15
activities, other than a compliance audit, conducted-- 16
(a) by an auditor who is an employee of the department 17
after a compliance audit of the business or activities has 18
been conducted by another auditor; and 19
(b) to ensure the other auditor is conducting compliance 20
audits appropriately. 21
chief executive officer means the chief executive officer of a 22
local government. 23
chief health officer means the chief health officer under the 24
Health Services Act 1991. 25
City of Brisbane Act means the City of Brisbane Act 2010. 26
code of practice means a code of practice made under a 27
regulation under chapter 4. 28
commencement, for chapter 18, part 2, see section 524. 29
compensation scheme see section 331(1). 30
compliance agreement see section 78(1). 31
compliance audit, of the business of the other party to a 32
compliance agreement or of an accredited certifier's activities 33
Page 511
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as an accredited certifier, means an audit by an auditor of the 1
business or activities to ensure-- 2
(a) for the business of the other party to a compliance 3
agreement--the carrying on of the business complies 4
with the compliance agreement; or 5
(b) for an accredited certifier's activities--the carrying out 6
of the activities complies with the accreditation. 7
compliance certificate see section 93(1)(b). 8
contact details, of a person, means the person's telephone 9
number or facsimile number. 10
contaminant see section 17. 11
controlled biosecurity matter, for a movement control order, 12
see section 110(1). 13
convey, in relation an animal, means carry or otherwise 14
transport the animal in or on a vehicle. 15
corresponding law, to this Act or to a provision of this Act, 16
means a law of the Commonwealth or another State that 17
corresponds, or substantially corresponds, to this Act or to the 18
provision. 19
corresponding provision, for chapter 18, part 2, see section 20
524. 21
cost recovery order see section 372(2). 22
court-- 23
(a) generally, means a Magistrates Court; and 24
(b) for sections 305, 306, 311, 347 and 350--includes the 25
Supreme Court and the District Court. 26
damage includes injure. 27
deal with-- 28
1 Deal with, biosecurity matter or a carrier, includes any 29
of the following-- 30
(a) keep or possess, whether intentionally or 31
otherwise, the biosecurity matter or carrier; 32
Page 512
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(b) conduct experiments with the biosecurity matter or 1
carrier; 2
(c) produce or manufacture the biosecurity matter or 3
carrier; 4
(d) breed the biosecurity matter or carrier; 5
(e) propagate the biosecurity matter or carrier; 6
(f) use the biosecurity matter or carrier in the course 7
of manufacturing a thing that is not the biosecurity 8
matter or carrier; 9
(g) grow, raise, feed or culture the biosecurity matter 10
or carrier; 11
(h) distribute the biosecurity matter or carrier; 12
(i) import the biosecurity matter or carrier; 13
(j) transport the biosecurity matter or carrier; 14
(k) dispose of the biosecurity matter or carrier; 15
(l) buy, supply or use the biosecurity matter or carrier 16
for the purposes of, or in the course of, a dealing 17
mentioned in any of paragraphs (a) to (k). 18
2 A person who holds a mortgage or other security 19
interest in biosecurity matter or a carrier does not deal 20
with the biosecurity matter or carrier only because the 21
person takes a step to enforce the mortgage or other 22
security. 23
designated animal see section 120. 24
designated animal transit facility means-- 25
(a) a spelling facility for any designated animals; or 26
(b) a yard used as a dip for any designated animals when 27
they-- 28
(i) are being travelled outside the place where they are 29
ordinarily pastured; or 30
(ii) are at a saleyard, showground, recreation ground or 31
racecourse to which they have been travelled; or 32
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(c) another facility for drafting, weighing, reconsigning or 1
transhipping any designated animals. 2
designated biosecurity matter see section 122. 3
designated details see section 133(c). 4
designated place see section 133(c)(i). 5
disease means-- 6
(a) the presence of a pathogenic agent in a host; or 7
Examples-- 8
avian influenza, black Sigatoka, infection with Perkinsus 9
marinus 10
(b) the clinical manifestation of infection; or 11
(c) a syndrome. 12
disposal order see section 311(2). 13
document certification requirement see section 315(6). 14
document production requirement see section 315(2). 15
drive, in relation to an animal, means cause or allow the 16
animal to travel by foot. 17
drover means a person who drives an animal. 18
electronic document means a document of a type under the 19
Acts Interpretation Act 1954, section 36, definition document, 20
paragraph (c). 21
emergency prohibited matter declaration see section 30(1). 22
environment includes the following-- 23
(a) ecosystems and their constituent parts; 24
(b) natural and physical resources; 25
(c) the qualities and characteristics of locations, places and 26
areas; 27
(d) the social, economic, aesthetic and cultural conditions 28
affecting the matters in paragraph (a), (b) or (c) or 29
affected by those matters. 30
Page 514
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executive officer, of a corporation, means a person who is 1
concerned with or takes part in its management, whether or 2
not the person is a director or the person's position is given the 3
name of executive officer. 4
external review, for a decision, means a review of the decision 5
by QCAT under the QCAT Act. 6
fit, to an animal, see section 167. 7
former owner see section 304(2). 8
fund see section 63. 9
general biosecurity obligation see section 22. 10
general biosecurity obligation offence provision means 11
section 23. 12
general power see section 288(1). 13
government and industry agreement see section 76(1). 14
government entity has the meaning given in the Government 15
Owned Corporations Act 1993. 16
guideline means a guideline made under chapter 4, part 2. 17
help requirement see section 289(1). 18
HIN see section 147(1). 19
hive means a receptacle for housing living bees that contains 20
moveable frames in which the combs are built, and which 21
may be separately and readily removed from the receptacle 22
for examination. 23
hold, designated biosecurity matter, see section 126. 24
holding facility means a place where 1 or more types of 25
designated animal are regularly or periodically congregated 26
on a temporary basis, including, for example, any of the 27
following-- 28
(a) a local government reserve or commonage; 29
(b) a pound; 30
(c) an animal refuge; 31
(d) a saleyard; 32
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(e) a designated animal transit facility; 1
(f) a meat processing facility; 2
(g) a live export holding; 3
(h) a showground for designated animals; 4
(i) a sporting ground for designated animals; 5
(j) a stock route. 6
ICA scheme, for chapter 13, see section 380. 7
ICA system, for chapter 13, see section 380. 8
identity card, for a provision about authorised officers, means 9
an identity card issued under section 244(1). 10
information notice, for a decision, means a notice stating 11
each of the following-- 12
(a) the decision and the reasons for it; 13
(b) the rights of review and appeal under this Act; 14
(c) the period in which any review or appeal under this Act 15
must be started; 16
(d) how rights of review and appeal under this Act are to be 17
exercised; 18
(e) that a stay of a decision the subject of an appeal under 19
this Act may be applied for under this Act. 20
information requirement see section 318(3). 21
inspector means a person who holds office under chapter 9, 22
part 1 as an inspector. 23
intergovernmental agreement see section 75. 24
internal review application see section 352. 25
internal review decision see section 355(1)(b). 26
invasive animal includes an invasive animal listed in schedule 27
1 or 2. 28
Invasive Animals Barrier Fence means the Invasive Animals 29
Barrier Fence under section 498. 30
Page 516
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invasive biosecurity matter, for a local government area, see 1
section 47(1). 2
invasive plant includes an invasive plant listed in schedule 1 3
or 2. 4
investigation and enforcement provisions means chapter 9. 5
issuing authority, for a document, order or other thing given 6
to a person, means-- 7
(a) if the thing is given by the chief executive or a person 8
for the chief executive--the chief executive; or 9
(b) if the thing is given by a person for a local 10
government--the local government. 11
keep, a designated animal, see section 125. 12
land-- 13
1 Land includes-- 14
(a) land that is, or is at any time, covered by 15
Queensland waters; and 16
(b) water in, on and above land; and 17
(c) the airspace above the surface of land; and 18
(d) the subsoil of land. 19
2 Land, of an owner, includes-- 20
(a) unfenced land, including unfenced land 21
comprising part of a road or stock route that 22
adjoins or is within the owner's land; and 23
(b) other land that is fenced in with the owner's land; 24
and 25
(c) the bed, banks and water of a watercourse on the 26
owner's land. 27
Land Act means the Land Act 1994. 28
Land Title Act means the Land Title Act 1994. 29
live export holding means-- 30
(a) a depot for the live export of designated animals; or 31
Page 517
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(b) an embarkation point for the export of live designated 1
animals. 2
Local Government Act means the Local Government Act 3
2009. 4
local government compliance notice see section 49(2). 5
loss, of property, means a total, or effectively a total, loss of 6
the property because it is destroyed. 7
lot means a lot under the Land Act or Land Title Act. 8
M+I means moisture plus insoluble impurities, as measured 9
by the American Oil Chemists' Society's official methods in 10
its document called `Official Methods and Recommended 11
Practices of the AOCS, 6th Edition'. 12
Editor's note-- 13
At the commencement of this definition, a copy of the document could 14
be purchased at . 15
made, for chapter 18, part 2, see section 524. 16
meal means a defatted and dried solid product made by 17
rendering material of animal origin according to AS 18
5008--2007 (Australian Standard for hygienic rendering of 19
animal products). 20
Examples-- 21
blood meal, meat meal, meat and bone meal 22
meat processing facility means an abattoir or other facility at 23
which designated animals are killed for meat for trade or 24
commerce. 25
movement control order see section 110(1). 26
movement record see section 180(2)(a). 27
movement record requirement means section 180. 28
natural environment means the environment, but having 29
particular regard to ecosystems and their constituent parts and 30
natural and physical resources. 31
natural resource management body means a body having an 32
interest in managing biosecurity risks. 33
Page 518
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Examples-- 1
Condamine Alliance, Qld Regional Natural Resource Management 2
Collective 3
neighbouring place, to another place, means a place some or 4
all of which is within 20km of the other place. 5
NLIS means the system known as the `national livestock 6
identification system', agreed to by the Commonwealth and 7
the States under a resolution of the Primary Industries 8
Ministerial Council of 2 October 2003. 9
nonconformance audit, of the business of the other party to a 10
compliance agreement or of an accredited certifier's activities 11
as an accredited certifier, means an audit of the business or 12
activities by an auditor to check that any noncompliance with 13
the compliance agreement or accreditation, identified in an 14
audit, has been remedied. 15
notice means a written notice. 16
notional reduction in value, of property, see section 330(2). 17
notional value, of property, see section 330(1). 18
obligation, for chapter 18, part 2, see section 524. 19
obstruct includes assault, hinder, resist, attempt to obstruct 20
and threaten to obstruct. 21
occupier, of a place-- 22
1 For chapter 6, see section 129. 23
2 Otherwise, occupier includes the following-- 24
(a) if there is more than 1 person who apparently 25
occupies the place--any 1 of the persons; 26
(b) any person at the place who is apparently acting 27
with the authority of a person who apparently 28
occupies the place; 29
(c) if no-one apparently occupies the place--any 30
person who is an owner of the place. 31
of, a place, includes at or on the place. 32
Page 519
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offence warning, for a direction or requirement by an 1
authorised officer, means a warning that, without a reasonable 2
excuse, it is an offence for the person to whom the direction or 3
requirement is made not to comply with it. 4
original decision see section 354(1). 5
other party, to a compliance agreement, see section 78(1)(b). 6
owner-- 7
1 The owner of a thing that has been seized under this Act 8
includes a person who would be entitled to possession 9
of the thing had it not been seized. 10
2 The owner of a place, is-- 11
(a) if the place is freehold land--the person who under 12
the Land Title Act is its registered owner; or 13
(b) if the place is the subject of a lease under the Land 14
Act--the person who, under the Land Act, is 15
registered as the lessee of the place; or 16
(c) otherwise--the entity having responsibility for the 17
care and control of the place. 18
permit document, in relation to a prohibited matter or 19
restricted matter permit, means the document evidencing the 20
permit, given to the holder of the permit by the chief 21
executive. 22
permit plan, for prohibited matter or restricted matter, see 23
section 200. 24
personal details requirement see section 313(5). 25
person in control-- 26
(a) of a vehicle, includes-- 27
(i) the vehicle's driver or rider; and 28
(ii) anyone who reasonably appears to be, claims to be, 29
or acts as if he or she is, the vehicle's driver or rider 30
or the person in control of the vehicle; or 31
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(b) of another thing, includes anyone who reasonably 1
appears to be, claims to be, or acts as if he or she is, the 2
person in possession or control of the thing. 3
pest operational board means a pest operational board 4
established under the repealed Land Protection (Pest 5
Management) Act 2002, section 213. 6
PIC see section 139(2). 7
place includes the following-- 8
(a) premises; 9
(b) vacant land; 10
(c) a place in Queensland waters; 11
(d) a place held under more than 1 title or by more than 1 12
owner; 13
(e) the land or water where a building or structure, or a 14
group of buildings or structures, is situated. 15
place of origin, for chapter 6, part 3, division 2, see section 16
171. 17
plant includes the following-- 18
(a) the whole or part of a flower, shrub, tree, vegetable, vine 19
or other vegetation; 20
(b) the whole or part of the fruit or nut of a shrub, tree or 21
vine; 22
(c) the whole or part of the reproductive material of a 23
flower, shrub, tree, vegetable, vine or other vegetation or 24
its seeds; 25
(d) any material, whether alive or dead, used for the 26
propagation of a flower, shrub, tree, vegetable, vine or 27
other vegetation. 28
police service means the Queensland Police Service. 29
possess, a thing, means-- 30
(a) have custody of the thing; or 31
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(b) have control of it at any place, whether or not someone 1
else has custody of it. 2
premises includes-- 3
(a) a building or other structure; and 4
(b) a part of a building or other structure; and 5
(c) a caravan or vehicle; and 6
(d) a cave or tent; and 7
(e) premises held under more than 1 title or by more than 1 8
owner. 9
prescribed designated animal see section 120(b). 10
prevention and control program see section 221. 11
previous, for chapter 18, part 2, see section 524. 12
previous provision, for chapter 18, part 2, see section 524. 13
program authorisation see section 222(1). 14
prohibited matter see section 18. 15
prohibited matter permit see section 196. 16
prohibited matter regulation see section 29(1). 17
property, for chapter 10, part 1, see section 329. 18
proposed action-- 19
(a) for chapter 4, part 3, division 3, subdivision 3--see 20
section 87(3)(a); or 21
(b) for chapter 15, part 3--see section 452(1). 22
protection, for chapter 18, part 2, see section 524. 23
public office, of a local government, means the local 24
government's public office under the Local Government Act. 25
public place means-- 26
(a) a place, or part of the place-- 27
(i) the public is entitled to use, is open to members of 28
the public or is used by the public, whether or not 29
on payment of money; or 30
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Examples of a place that may be a public place under 1
subparagraph (i)-- 2
a beach, a park, a road 3
(ii) the occupier of which allows, whether or not on 4
payment of money, members of the public to enter; 5
or 6
Examples of a place that may be a public place under 7
subparagraph (ii)-- 8
a saleyard, a showground, a stock route 9
(b) a place that is a public place under another Act. 10
Queensland Herbarium means the department that includes 11
the entity known as the Queensland Herbarium. 12
Queensland Museum means the Board of the Queensland 13
Museum under the Queensland Museum Act 1970. 14
rates means rates within the meaning of-- 15
(a) for a local government other than the Brisbane City 16
Council--the Local Government Act; or 17
(b) for the Brisbane City Council--the City of Brisbane 18
Act. 19
reasonably believes means believes on grounds that are 20
reasonable in the circumstances. 21
reasonably suspects means suspects on grounds that are 22
reasonable in the circumstances. 23
receiver, of a specified animal, see section 175. 24
recipient, of a biosecurity order, see section 363(1). 25
registered biosecurity entity means an entity that, as a 26
registrable biosecurity entity, has obtained registration under 27
chapter 6, part 2. 28
registered information, about a registered biosecurity entity, 29
means information recorded in the biosecurity register about 30
the entity. 31
registrable biosecurity entity see section 127. 32
registration details see section 162(1). 33
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registration exemption, for a registrable biosecurity entity, 1
see section 131(1). 2
regulated biosecurity matter, for biosecurity zone regulatory 3
provisions, see section 114(1)(a). 4
relevant accreditation offence, for chapter 13, see section 5
380. 6
relevant authority, for chapter 15, see section 446. 7
relevant biosecurity offence means-- 8
(a) an offence against this Act or a repealed Act; or 9
(b) an offence against a law that is a corresponding law to a 10
provision of this Act. 11
relevant entity, for a seized thing, see section 302(5). 12
rendering means the process of heat treating an animal 13
carcass or animal material to remove moisture or to extract 14
fat. 15
repealed Act -- 16
1 For chapter 18, part 2, division 4--see section 607. 17
2 Otherwise, repealed Act is-- 18
(a) the repealed Agricultural Standards Act 1994; or 19
(b) the repealed Apiaries Act 1982; or 20
(c) the repealed Diseases in Timber Act 1975; or 21
(d) the repealed Exotic Diseases in Animals Act 1981; 22
or 23
(e) the repealed Land Protection (Pest Management) 24
Act 2002; or 25
(f) the repealed Plant Protection Act 1989; or 26
(g) the repealed Stock Act 1915. 27
residence means a premises or a part of premises that is a 28
residence within the meaning of section 252(2) and (3). 29
restricted matter see section 20. 30
restricted matter permit see section 197. 31
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restricted matter regulation see section 38(1). 1
restricted place means a place declared to be a restricted place 2
under chapter 6, part 2. 3
review notice day see section 356(2)(a)(i). 4
RFID number, for a microchip, means the number of the 5
microchip. 6
saleyard means any yard, premises or place where designated 7
animals are-- 8
(a) sold or offered or exhibited for sale; or 9
(b) held or kept for the purpose of being sold or offered or 10
exhibited for sale; or 11
(c) held or kept on being sold. 12
scheme compensation see section 331(2). 13
show cause notice-- 14
(a) for chapter 4, part 3, division 3, subdivision 3--see 15
section 87(2); or 16
(b) for chapter 15, part 3--see section 452(1). 17
show cause period-- 18
(a) for chapter 4, part 3, division 3, subdivision 3--see 19
section 87(3)(e); or 20
(b) for chapter 15, part 3--see section 452(2)(f). 21
southern nominating group of local governments see section 22
470(4). 23
specified animal see section 121. 24
specified animal feedlot means a place at which specified 25
animals are fed, in a confined area, prepared or manufactured 26
stockfeed at levels greater than necessary for survival. 27
spent conviction means a conviction-- 28
(a) to which the rehabilitation period under the Criminal 29
Law (Rehabilitation of Offenders) Act 1986 has expired 30
under that Act; and 31
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(b) that is not revived as prescribed by section 11 of that 1
Act. 2
stated information, for section 175, means the stated 3
information under section 176, 177 or 178. 4
State entity includes the following-- 5
(a) a department; 6
(b) an entity that under the Public Service Act 2008 is a 7
government entity; 8
(c) an entity that is a government owned corporation, 9
whether or not it is also a government entity under the 10
Public Service Act 2008. 11
statutory compensation see section 334(1). 12
stock route means a road or route ordinarily used for 13
travelling stock. 14
submission period, for a draft biosecurity plan, see section 15
54(2)(c). 16
suitable approved device see section 169. 17
supply includes supply by sale, exchange or gift. 18
surveillance program see section 220. 19
syndrome means a symptom, condition, disorder or other 20
thing described by clinical signs, if the cause is unknown. 21
tallow means any product that-- 22
(a) contains rendered fats and oils from any animal, 23
including used cooking oil; and 24
(b) complies with a specification of a maximum of 2% M+I. 25
Examples-- 26
acid oil, yellow grease 27
third party, for chapter 12, part 1, division 3, see section 28
372(1). 29
threshold amount see section 124. 30
threshold number see section 123. 31
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TORUM means the Transport Operations (Road Use 1
Management) Act 1995. 2
travel approval see section 172(e). 3
vehicle-- 4
1 For chapter 5, part 1, other than section 105, vehicle 5
means a vehicle under TORUM. 6
2 For chapter 9, vehicle means-- 7
(a) a vehicle under TORUM; and 8
(b) includes a vessel under that Act. 9
3 Otherwise, vehicle means-- 10
(a) an aircraft, including a helicopter; or 11
(b) any of the following under TORUM-- 12
(i) a train; 13
(ii) a tram; 14
(iii) a vehicle; 15
(iv) a vessel. 16
waste means waste under the Environmental Protection Act 17
1994. 18
western nominating group of local governments see section 19
470(2). 20
© State of Queensland 2011
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