{"id":"qld:act-2014-007","name":"Biosecurity Act 2014","slug":"biosecurity-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29687,"registerId":"qld-act-2014-007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Biosecurity Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\nHowever, if no day has been fixed by 1 July 2016, the Act commences on that day.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n(sec.2-ssec.1) This Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) However, if no day has been fixed by 1 July 2016, the Act commences on that day.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Simplified outline of main provisions of Act","content":"### sec.3 Simplified outline of main provisions of Act\n\nChapter 1 describes the purposes and scope of the Act and defines key concepts.\nChapter 2 imposes—\na general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and\nother obligations in relation to biosecurity matter that is prohibited or restricted matter; and\nobligations on persons to notify an inspector about particular incidents.\nChapter 3 establishes the functions and obligations of local governments and continues the Land Protection Fund.\nChapter 4 deals with invasive animal boards and barrier fencing.\nChapter 5 provides for codes of practice and guidelines to be made under this Act.\nChapter 6 establishes procedures for dealing with biosecurity emergencies and risks.\nChapter 7 provides for the registration of entities and places and a system for the identification and tracking of particular animals.\nChapter 8 creates a permit process to allow particular dealings with biosecurity matter that is prohibited or restricted matter.\nChapter 9 provides for the making of programs for the surveillance, and prevention and control, of biosecurity risks.\nChapter 10 provides for persons appointed to perform functions under the Act to exercise powers and enter places, seize things and obtain information.\nChapter 11 —\nestablishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and\ndeals with the effect of industry compensation schemes on statutory compensation.\nChapter 12 deals with evidence, legal proceedings and the review of decisions made under the Act .\nChapter 13 provides for the giving of biosecurity orders to persons to deal with biosecurity risks.\nChapter 14 empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act.\nChapter 15 provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act.\nChapter 16 establishes auditing processes for accreditations given, and agreements made, under this Act.\nChapter 17 provides for the amendment, suspension and cancellation of particular authorities granted under this Act.\nChapter 18 deals with miscellaneous matters for the administration of this Act.\nChapter 19 repeals particular Acts and provides for savings and transitional matters.\n(sec.3-ssec.1) Chapter 1 describes the purposes and scope of the Act and defines key concepts.\n(sec.3-ssec.2) Chapter 2 imposes— a general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and other obligations in relation to biosecurity matter that is prohibited or restricted matter; and obligations on persons to notify an inspector about particular incidents.\n(sec.3-ssec.3) Chapter 3 establishes the functions and obligations of local governments and continues the Land Protection Fund.\n(sec.3-ssec.4) Chapter 4 deals with invasive animal boards and barrier fencing.\n(sec.3-ssec.5) Chapter 5 provides for codes of practice and guidelines to be made under this Act.\n(sec.3-ssec.6) Chapter 6 establishes procedures for dealing with biosecurity emergencies and risks.\n(sec.3-ssec.7) Chapter 7 provides for the registration of entities and places and a system for the identification and tracking of particular animals.\n(sec.3-ssec.8) Chapter 8 creates a permit process to allow particular dealings with biosecurity matter that is prohibited or restricted matter.\n(sec.3-ssec.9) Chapter 9 provides for the making of programs for the surveillance, and prevention and control, of biosecurity risks.\n(sec.3-ssec.10) Chapter 10 provides for persons appointed to perform functions under the Act to exercise powers and enter places, seize things and obtain information.\n(sec.3-ssec.11) Chapter 11 — establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and deals with the effect of industry compensation schemes on statutory compensation.\n(sec.3-ssec.12) Chapter 12 deals with evidence, legal proceedings and the review of decisions made under the Act .\n(sec.3-ssec.13) Chapter 13 provides for the giving of biosecurity orders to persons to deal with biosecurity risks.\n(sec.3-ssec.14) Chapter 14 empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act.\n(sec.3-ssec.15) Chapter 15 provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act.\n(sec.3-ssec.16) Chapter 16 establishes auditing processes for accreditations given, and agreements made, under this Act.\n(sec.3-ssec.17) Chapter 17 provides for the amendment, suspension and cancellation of particular authorities granted under this Act.\n(sec.3-ssec.18) Chapter 18 deals with miscellaneous matters for the administration of this Act.\n(sec.3-ssec.19) Chapter 19 repeals particular Acts and provides for savings and transitional matters.\n- (a) a general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and\n- (b) other obligations in relation to biosecurity matter that is prohibited or restricted matter; and\n- (c) obligations on persons to notify an inspector about particular incidents.\n- (a) establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and\n- (b) deals with the effect of industry compensation schemes on statutory compensation.","sortOrder":3},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes of Act and achieving the purposes","content":"# Purposes of Act and achieving the purposes","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purposes of Act","content":"### sec.4 Purposes of Act\n\nThe main purposes of this Act are as follows—\nto provide a framework for an effective biosecurity system for Queensland that—\nhelps to minimise biosecurity risks; and\nfacilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;\nto ensure the safety and quality of animal feed, fertilisers and other agricultural inputs;\nto help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.\nIt is also a purpose of this Act to manage risks associated with the following—\nemerging, endemic and exotic pests and diseases that impact on—\nplant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or\nthe built environment; or\ncompanion or leisure animals; or\nbiodiversity and the natural environment; or\ntourism, lifestyle and pleasure industries; or\ninfrastructure and service industries, including power, communication, shipping and water supplies;\nthe transfer of diseases from animals to humans and from humans to animals;\nbiological, chemical and physical contaminants in carriers.\nIn this section—\nbuilt environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.\n(sec.4-ssec.1) The main purposes of this Act are as follows— to provide a framework for an effective biosecurity system for Queensland that— helps to minimise biosecurity risks; and facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way; to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs; to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.\n(sec.4-ssec.2) It is also a purpose of this Act to manage risks associated with the following— emerging, endemic and exotic pests and diseases that impact on— plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or the built environment; or companion or leisure animals; or biodiversity and the natural environment; or tourism, lifestyle and pleasure industries; or infrastructure and service industries, including power, communication, shipping and water supplies; the transfer of diseases from animals to humans and from humans to animals; biological, chemical and physical contaminants in carriers.\n(sec.4-ssec.3) In this section— built environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.\n- (a) to provide a framework for an effective biosecurity system for Queensland that— (i) helps to minimise biosecurity risks; and (ii) facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;\n- (i) helps to minimise biosecurity risks; and\n- (ii) facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;\n- (b) to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs;\n- (c) to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.\n- (i) helps to minimise biosecurity risks; and\n- (ii) facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;\n- (a) emerging, endemic and exotic pests and diseases that impact on— (i) plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or (ii) the built environment; or (iii) companion or leisure animals; or (iv) biodiversity and the natural environment; or (v) tourism, lifestyle and pleasure industries; or (vi) infrastructure and service industries, including power, communication, shipping and water supplies;\n- (i) plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or\n- (ii) the built environment; or\n- (iii) companion or leisure animals; or\n- (iv) biodiversity and the natural environment; or\n- (v) tourism, lifestyle and pleasure industries; or\n- (vi) infrastructure and service industries, including power, communication, shipping and water supplies;\n- (b) the transfer of diseases from animals to humans and from humans to animals;\n- (c) biological, chemical and physical contaminants in carriers.\n- (i) plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or\n- (ii) the built environment; or\n- (iii) companion or leisure animals; or\n- (iv) biodiversity and the natural environment; or\n- (v) tourism, lifestyle and pleasure industries; or\n- (vi) infrastructure and service industries, including power, communication, shipping and water supplies;","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"How purposes are primarily achieved","content":"### sec.5 How purposes are primarily achieved\n\nThe purposes of this Act are to be achieved primarily by—\nimposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration ); and\nregulating activities involving biosecurity matter or carriers; and\nincluding in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and\nproviding for flexible and timely ways of minimising and mitigating biosecurity risks; and\nproviding for monitoring and enforcement of compliance with this Act; and\nproviding for codes of practice relating to a person’s obligations under this Act; and\nproviding for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and\nproviding for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks.\n- (a) imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration ); and\n- (b) regulating activities involving biosecurity matter or carriers; and\n- (c) including in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and\n- (d) providing for flexible and timely ways of minimising and mitigating biosecurity risks; and\n- (e) providing for monitoring and enforcement of compliance with this Act; and\n- (f) providing for codes of practice relating to a person’s obligations under this Act; and\n- (g) providing for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and\n- (h) providing for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks.","sortOrder":6},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Application and operation of Act","content":"# Application and operation of Act","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Scope of Act generally","content":"### sec.6 Scope of Act generally\n\nThis Act includes within its scope—\nacts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and\nany dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.\n- (a) acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and\n- (b) any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act binds all persons","content":"### sec.7 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.7-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.7-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"General application of Act to ships","content":"### sec.8 General application of Act to ships\n\nThis section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters ( other waters ).\nThis Act applies to—\na ship in Queensland waters; and\nto the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.\nThis Act does not apply to—\na ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or\na ship of the Australian Defence Force or of a defence force of another country.\n(sec.8-ssec.1) This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters ( other waters ).\n(sec.8-ssec.2) This Act applies to— a ship in Queensland waters; and to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.\n(sec.8-ssec.3) This Act does not apply to— a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or a ship of the Australian Defence Force or of a defence force of another country.\n- (a) a ship in Queensland waters; and\n- (b) to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001 —a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.\n- (a) a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or\n- (b) a ship of the Australian Defence Force or of a defence force of another country.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Relationship with particular Acts","content":"### sec.9 Relationship with particular Acts\n\nThis Act is in addition to, and does not limit, any other Act.\nIf this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency—\nBiological Control Act 1987 ;\nFood Act 2006 ;\nFood Production (Safety) Act 2000 ;\nthe Gene Technology Act 2000 (Cwlth) , as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016 ;\nPublic Health Act 2005 .\nSubject to subsection (4) , this Act does not affect the application of a relevant Act.\nA person who does an act authorised under chapter 6 , part 1 or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10 , part 3 is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps.\nThe Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , chapter 2 does not apply in relation to a barrier fence.\nIn this section—\nrelevant Act means any of the following—\nEconomic Development Act 2012 ;\nFisheries Act 1994 ;\nForestry Act 1959 ;\nMarine Parks Act 2004 ;\nNature Conservation Act 1992 ;\nPlanning Act 2016 ;\nVegetation Management Act 1999 .\ns 9 amd 2016 No. 54 s 54 sch 1 ; 2016 No. 27 s 30 ; 2019 No. 11 s 4\n(sec.9-ssec.1) This Act is in addition to, and does not limit, any other Act.\n(sec.9-ssec.2) If this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency— Biological Control Act 1987 ; Food Act 2006 ; Food Production (Safety) Act 2000 ; the Gene Technology Act 2000 (Cwlth) , as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016 ; Public Health Act 2005 .\n(sec.9-ssec.3) Subject to subsection (4) , this Act does not affect the application of a relevant Act.\n(sec.9-ssec.4) A person who does an act authorised under chapter 6 , part 1 or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10 , part 3 is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps.\n(sec.9-ssec.5) The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , chapter 2 does not apply in relation to a barrier fence.\n(sec.9-ssec.6) In this section— relevant Act means any of the following— Economic Development Act 2012 ; Fisheries Act 1994 ; Forestry Act 1959 ; Marine Parks Act 2004 ; Nature Conservation Act 1992 ; Planning Act 2016 ; Vegetation Management Act 1999 .\n- (a) Biological Control Act 1987 ;\n- (b) Food Act 2006 ;\n- (c) Food Production (Safety) Act 2000 ;\n- (d) the Gene Technology Act 2000 (Cwlth) , as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016 ;\n- (e) Public Health Act 2005 .\n- (a) Economic Development Act 2012 ;\n- (b) Fisheries Act 1994 ;\n- (c) Forestry Act 1959 ;\n- (d) Marine Parks Act 2004 ;\n- (e) Nature Conservation Act 1992 ;\n- (f) Planning Act 2016 ;\n- (g) Vegetation Management Act 1999 .","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.10 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.11 Act does not affect other rights or remedies\n\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.11-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.11-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Community involvement in administration of Act","content":"### sec.12 Community involvement in administration of Act\n\nThis Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.","sortOrder":14},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":15},{"sectionNumber":"ch.1-pt.4-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definitions","content":"### sec.13 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.\ns 13 amd 2014 No. 7 s 578 sch 4 pt 1\namd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)","sortOrder":17},{"sectionNumber":"ch.1-pt.4-div.2","sectionType":"division","heading":"Key concepts and definitions","content":"## Key concepts and definitions","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is a biosecurity event","content":"### sec.14 What is a biosecurity event\n\nA biosecurity event is an event comprising something that—\nhas happened, is happening or may happen; and\nhas had, is having or may have a significant adverse effect on a biosecurity consideration; and\nwas or is being caused by, or may be or may have been caused by, biosecurity matter.\nA horse has died and it has been confirmed that the death was caused by the Hendra virus infection. This may have a significant adverse effect on human health.\nThere has been a suspected outbreak of foot and mouth disease in another State that may spread to the State and may have a significant adverse effect on the economy.\n- (a) has happened, is happening or may happen; and\n- (b) has had, is having or may have a significant adverse effect on a biosecurity consideration; and\n- (c) was or is being caused by, or may be or may have been caused by, biosecurity matter.\n- 1 A horse has died and it has been confirmed that the death was caused by the Hendra virus infection. This may have a significant adverse effect on human health.\n- 2 There has been a suspected outbreak of foot and mouth disease in another State that may spread to the State and may have a significant adverse effect on the economy.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is biosecurity matter","content":"### sec.15 What is biosecurity matter\n\nBiosecurity matter is—\na living thing, other than a human or part of a human; or\na pathogenic agent that can cause disease in—\na living thing, other than a human; or\na human, by the transmission of the pathogenic agent from an animal to the human; or\na disease; or\na contaminant.\nIf biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle.\negg, larva, pupa, adult\nIf schedule 1 or 2 , a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name.\ns 15 amd 2024 No. 17 s 106 (uncommenced amendment)\n(sec.15-ssec.1) Biosecurity matter is— a living thing, other than a human or part of a human; or a pathogenic agent that can cause disease in— a living thing, other than a human; or a human, by the transmission of the pathogenic agent from an animal to the human; or a disease; or a contaminant.\n(sec.15-ssec.2) If biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle. egg, larva, pupa, adult\n(sec.15-ssec.3) If schedule 1 or 2 , a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name.\n- (a) a living thing, other than a human or part of a human; or\n- (b) a pathogenic agent that can cause disease in— (i) a living thing, other than a human; or (ii) a human, by the transmission of the pathogenic agent from an animal to the human; or\n- (i) a living thing, other than a human; or\n- (ii) a human, by the transmission of the pathogenic agent from an animal to the human; or\n- (c) a disease; or\n- (d) a contaminant.\n- (i) a living thing, other than a human; or\n- (ii) a human, by the transmission of the pathogenic agent from an animal to the human; or","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"What is a biosecurity risk","content":"### sec.16 What is a biosecurity risk\n\nA biosecurity risk is a risk of any adverse effect on a biosecurity consideration caused by, or likely to be caused by—\nbiosecurity matter; or\ndealing with biosecurity matter or a carrier; or\ncarrying out an activity relating to biosecurity matter or a carrier.\n- (a) biosecurity matter; or\n- (b) dealing with biosecurity matter or a carrier; or\n- (c) carrying out an activity relating to biosecurity matter or a carrier.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"What is a carrier","content":"### sec.17 What is a carrier\n\nA carrier is any animal or plant, or part of any animal or plant, or any other thing—\ncapable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or\ncontaining biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing.\nIn this section—\nthing —\nmeans a thing, whether alive, dead or inanimate; and\nincludes a human.\n(sec.17-ssec.1) A carrier is any animal or plant, or part of any animal or plant, or any other thing— capable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or containing biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing.\n(sec.17-ssec.2) In this section— thing — means a thing, whether alive, dead or inanimate; and includes a human.\n- (a) capable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or\n- (b) containing biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing.\n- (a) means a thing, whether alive, dead or inanimate; and\n- (b) includes a human.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"What is a contaminant","content":"### sec.18 What is a contaminant\n\nA contaminant is anything that may be harmful to animal or plant health or pose a risk of any adverse effect on a biosecurity consideration.\nThe presence of a contaminant in a carrier may be harmful to any animal or plant, or part of an animal or plant, that the carrier attaches to or enters.\nThe presence of a contaminant in a carrier may be caused by—\nmanufacturing, packaging, packing, preparing, processing, producing, storing, treating or transporting the carrier; or\nenvironmental contamination of the carrier.\npathogenic bacteria in irrigation water\nenvironmental contaminants, including dioxins and residual organochlorine pesticides and nanoparticles\nheavy metals in fertilisers and animal feed\nwaste from industrial and mining activities, including waste containing asbestos, heavy metals or radioactive material\nweed seeds\n(sec.18-ssec.1) A contaminant is anything that may be harmful to animal or plant health or pose a risk of any adverse effect on a biosecurity consideration.\n(sec.18-ssec.2) The presence of a contaminant in a carrier may be harmful to any animal or plant, or part of an animal or plant, that the carrier attaches to or enters.\n(sec.18-ssec.3) The presence of a contaminant in a carrier may be caused by— manufacturing, packaging, packing, preparing, processing, producing, storing, treating or transporting the carrier; or environmental contamination of the carrier. pathogenic bacteria in irrigation water environmental contaminants, including dioxins and residual organochlorine pesticides and nanoparticles heavy metals in fertilisers and animal feed waste from industrial and mining activities, including waste containing asbestos, heavy metals or radioactive material weed seeds\n- (a) manufacturing, packaging, packing, preparing, processing, producing, storing, treating or transporting the carrier; or\n- (b) environmental contamination of the carrier.\n- • pathogenic bacteria in irrigation water\n- • environmental contaminants, including dioxins and residual organochlorine pesticides and nanoparticles\n- • heavy metals in fertilisers and animal feed\n- • waste from industrial and mining activities, including waste containing asbestos, heavy metals or radioactive material\n- • weed seeds","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"What is prohibited matter","content":"### sec.19 What is prohibited matter\n\nProhibited matter is biosecurity matter that, for the time being, is established as prohibited matter under chapter 2 .\ns 19 sub 2024 No. 17 s 107 (uncommenced amendment)","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Prohibited matter criteria","content":"### sec.20 Prohibited matter criteria\n\nBiosecurity matter satisfies the prohibited matter criteria if—\nthe biosecurity matter is not currently present or known to be present in the State; and\nthere are reasonable grounds to believe that if it did enter the State or part of the State the biosecurity matter may have a significant adverse effect on a biosecurity consideration.\nThe entry of particular biosecurity matter into the State may have a significant adverse effect on the economy if, for the purposes of trade in or market access for a product, there were to be imposed a requirement to prove that the product is free from the biosecurity matter.\n- (a) the biosecurity matter is not currently present or known to be present in the State; and\n- (b) there are reasonable grounds to believe that if it did enter the State or part of the State the biosecurity matter may have a significant adverse effect on a biosecurity consideration.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"What is restricted matter","content":"### sec.21 What is restricted matter\n\nRestricted matter is biosecurity matter that, for the time being, is established as restricted matter under chapter 2 .\nRestricted matter has the category number or numbers assigned to it in schedule 2 or in the restricted matter regulation that, under chapter 2 , provides for its establishment as restricted matter.\nA reference in this Act to restricted matter of a particular category number is a reference to restricted matter that is assigned that category number in schedule 2 or the restricted matter regulation.\ns 21 sub 2024 No. 17 s 108 (uncommenced amendment)\n(sec.21-ssec.1) Restricted matter is biosecurity matter that, for the time being, is established as restricted matter under chapter 2 .\n(sec.21-ssec.2) Restricted matter has the category number or numbers assigned to it in schedule 2 or in the restricted matter regulation that, under chapter 2 , provides for its establishment as restricted matter.\n(sec.21-ssec.3) A reference in this Act to restricted matter of a particular category number is a reference to restricted matter that is assigned that category number in schedule 2 or the restricted matter regulation.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Restricted matter criteria","content":"### sec.22 Restricted matter criteria\n\nBiosecurity matter satisfies the restricted matter criteria if—\nthe biosecurity matter is currently present in the State; and\nthere are reasonable grounds to believe that, if restrictions under this Act are not imposed on the biosecurity matter to reduce, control or contain it, it may have an adverse effect on a biosecurity consideration.\n- (a) the biosecurity matter is currently present in the State; and\n- (b) there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the biosecurity matter to reduce, control or contain it, it may have an adverse effect on a biosecurity consideration.","sortOrder":27},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"General biosecurity obligation","content":"# General biosecurity obligation","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"What is a general biosecurity obligation","content":"### sec.23 What is a general biosecurity obligation\n\nThis section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk.\nThe person has an obligation (a general biosecurity obligation ) to take all reasonable and practical measures to prevent or minimise the biosecurity risk.\nAlso, the person has an obligation (also a general biosecurity obligation )—\nto prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and\nto minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and\nnot to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration.\nfailing to isolate an infected animal from a herd\nfailing to wash footwear before leaving a property on which anthrax is present\ninappropriately disposing of leaf litter containing a plant virus or disease\nfailing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops\nfailing to manage the impact of invasive plants and animals on a person’s land\nFor subsection (1) , carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present.\ns 23 amd 2020 No. 3 s 29\n(sec.23-ssec.1) This section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk.\n(sec.23-ssec.2) The person has an obligation (a general biosecurity obligation ) to take all reasonable and practical measures to prevent or minimise the biosecurity risk.\n(sec.23-ssec.3) Also, the person has an obligation (also a general biosecurity obligation )— to prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration. failing to isolate an infected animal from a herd failing to wash footwear before leaving a property on which anthrax is present inappropriately disposing of leaf litter containing a plant virus or disease failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops failing to manage the impact of invasive plants and animals on a person’s land\n(sec.23-ssec.4) For subsection (1) , carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present.\n- (a) to prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and\n- (b) to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and\n- (c) not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration.\n- • failing to isolate an infected animal from a herd\n- • failing to wash footwear before leaving a property on which anthrax is present\n- • inappropriately disposing of leaf litter containing a plant virus or disease\n- • failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops\n- • failing to manage the impact of invasive plants and animals on a person’s land","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"General biosecurity obligation offence provision","content":"### sec.24 General biosecurity obligation offence provision\n\nA person on whom a general biosecurity obligation is imposed must discharge the obligation.\nMaximum penalty—\nif the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or\nif the offence is not an aggravated offence—\nfor a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or\nfor a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or\notherwise—500 penalty units.\nIf the offence is not an aggravated offence, it is a defence for the person to show that the person had a reasonable excuse for failing to discharge the obligation.\n(sec.24-ssec.1) A person on whom a general biosecurity obligation is imposed must discharge the obligation. Maximum penalty— if the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or if the offence is not an aggravated offence— for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or otherwise—500 penalty units.\n(sec.24-ssec.2) If the offence is not an aggravated offence, it is a defence for the person to show that the person had a reasonable excuse for failing to discharge the obligation.\n- (a) if the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or\n- (b) if the offence is not an aggravated offence— (i) for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or (ii) for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units.\n- (i) for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or\n- (ii) for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units.\n- (i) for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or\n- (ii) for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or\n- (iii) otherwise—500 penalty units.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Effect of regulation for discharge of general biosecurity obligation             ","content":"### sec.25 Effect of regulation for discharge of general biosecurity obligation             \n\nThis section applies if a provision of a regulation ( regulation provision ) is identified in the regulation as a provision that prescribes a way of discharging a person’s general biosecurity obligation.\nUnless otherwise stated in the regulation, the regulation provision does not prescribe all that a person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation.\nHowever, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes the regulation provision.\n(sec.25-ssec.1) This section applies if a provision of a regulation ( regulation provision ) is identified in the regulation as a provision that prescribes a way of discharging a person’s general biosecurity obligation.\n(sec.25-ssec.2) Unless otherwise stated in the regulation, the regulation provision does not prescribe all that a person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation.\n(sec.25-ssec.3) However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes the regulation provision.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Effect of code of practice for discharge of general biosecurity obligation          ","content":"### sec.26 Effect of code of practice for discharge of general biosecurity obligation          \n\nThis section applies if a code of practice states a way of discharging a person’s general biosecurity obligation.\nUnless otherwise stated in the code of practice, the code of practice does not state all that a person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation.\nHowever, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person—\ncontravenes, or otherwise acts inconsistently with, the code of practice; and\ndoes not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation.\nAlso, for applying the general biosecurity obligation offence provision, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person’s biosecurity obligation, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, the code of practice or stated part.\n(sec.26-ssec.1) This section applies if a code of practice states a way of discharging a person’s general biosecurity obligation.\n(sec.26-ssec.2) Unless otherwise stated in the code of practice, the code of practice does not state all that a person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation.\n(sec.26-ssec.3) However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person— contravenes, or otherwise acts inconsistently with, the code of practice; and does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation.\n(sec.26-ssec.4) Also, for applying the general biosecurity obligation offence provision, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person’s biosecurity obligation, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, the code of practice or stated part.\n- (a) contravenes, or otherwise acts inconsistently with, the code of practice; and\n- (b) does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Aggravated offences—significant damage to health and safety of people or to the economy or environment","content":"### sec.27 Aggravated offences—significant damage to health and safety of people or to the economy or environment\n\nAn offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the economy or the environment.\nTo prove an aggravated offence, the prosecution must prove that the person who committed the offence—\nintended the person’s conduct to cause significant damage to the health and safety of people or to the economy or the environment; or\nwas reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment.\n(sec.27-ssec.1) An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the economy or the environment.\n(sec.27-ssec.2) To prove an aggravated offence, the prosecution must prove that the person who committed the offence— intended the person’s conduct to cause significant damage to the health and safety of people or to the economy or the environment; or was reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment.\n- (a) intended the person’s conduct to cause significant damage to the health and safety of people or to the economy or the environment; or\n- (b) was reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Defence of due diligence","content":"### sec.28 Defence of due diligence\n\nIn a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.\nWithout limiting the ways in which a person proves the matter stated in subsection (1) , a person proves the matter if the person proves that—\nthe conduct alleged to constitute the offence was due to—\nan act or default of another person; or\nreliance on information supplied by another person; and\nthe person made all reasonable enquiries about—\nwhether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and\nany necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and\nany of the following applied—\nthe person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;\nif another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person;\nchecks carried out by a veterinary surgeon\nit was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and\nthe person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.\nAlso, without limiting the ways in which a person proves the matter stated in subsection (1) or (2) (c) (i) , a person proves the matter if the person proves that—\nif a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or\nif a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.\nThis section is not intended to exclude the operation of the Criminal Code , section 24 .\nIn subsection (2) (a) and (c) —\nanother person does not include a following person—\nan employee or agent of the defendant;\nin the case of a defendant that is a body corporate, a director, employee or agent of the defendant.\n(sec.28-ssec.1) In a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.\n(sec.28-ssec.2) Without limiting the ways in which a person proves the matter stated in subsection (1) , a person proves the matter if the person proves that— the conduct alleged to constitute the offence was due to— an act or default of another person; or reliance on information supplied by another person; and the person made all reasonable enquiries about— whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and any of the following applied— the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances; if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person; checks carried out by a veterinary surgeon it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.\n(sec.28-ssec.3) Also, without limiting the ways in which a person proves the matter stated in subsection (1) or (2) (c) (i) , a person proves the matter if the person proves that— if a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or if a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.\n(sec.28-ssec.4) This section is not intended to exclude the operation of the Criminal Code , section 24 .\n(sec.28-ssec.5) In subsection (2) (a) and (c) — another person does not include a following person— an employee or agent of the defendant; in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.\n- (a) the conduct alleged to constitute the offence was due to— (i) an act or default of another person; or (ii) reliance on information supplied by another person; and\n- (i) an act or default of another person; or\n- (ii) reliance on information supplied by another person; and\n- (b) the person made all reasonable enquiries about— (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and\n- (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and\n- (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and\n- (c) any of the following applied— (i) the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances; (ii) if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person; Example— checks carried out by a veterinary surgeon (iii) it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and\n- (i) the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;\n- (ii) if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person; Example— checks carried out by a veterinary surgeon\n- (iii) it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and\n- (d) the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.\n- (i) an act or default of another person; or\n- (ii) reliance on information supplied by another person; and\n- (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and\n- (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and\n- (i) the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;\n- (ii) if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person; Example— checks carried out by a veterinary surgeon\n- (iii) it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and\n- (a) if a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or\n- (b) if a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.\n- (a) an employee or agent of the defendant;\n- (b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.","sortOrder":34},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Prohibited matter","content":"# Prohibited matter","sortOrder":35},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Establishing what is prohibited matter","content":"## Establishing what is prohibited matter","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Basic prohibited matter declaration provision","content":"### sec.29 Basic prohibited matter declaration provision\n\nBiosecurity matter mentioned in schedule 1 is prohibited matter.\nHowever, the operation of subsection (1) may be affected by a prohibited matter regulation or an emergency prohibited matter declaration.\ns 29 om 2024 No. 17 s 110 (uncommenced amendment)\n(sec.29-ssec.1) Biosecurity matter mentioned in schedule 1 is prohibited matter.\n(sec.29-ssec.2) However, the operation of subsection (1) may be affected by a prohibited matter regulation or an emergency prohibited matter declaration.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Prohibited matter regulation","content":"### sec.30 Prohibited matter regulation\n\nA regulation (a prohibited matter regulation ) may—\ndeclare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or\ndeclare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that—\nthe biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and\nprompt action is required to declare the biosecurity matter to be prohibited matter.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that—\n1 or more of the following applies—\nthe biosecurity matter is no longer contained and can not be eradicated;\nthe biosecurity matter has spread and is in a large area of the State;\nthe rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\nfor some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\nprompt action is required to declare the biosecurity matter not to be prohibited matter.\nA prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter.\ns 30 om 2024 No. 17 s 110 (uncommenced amendment)\n(sec.30-ssec.1) A regulation (a prohibited matter regulation ) may— declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter.\n(sec.30-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and prompt action is required to declare the biosecurity matter to be prohibited matter.\n(sec.30-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and prompt action is required to declare the biosecurity matter not to be prohibited matter.\n(sec.30-ssec.4) A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter.\n- (a) declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or\n- (b) declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter.\n- (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and\n- (b) prompt action is required to declare the biosecurity matter to be prohibited matter.\n- (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\n- (i) the biosecurity matter is no longer contained and can not be eradicated;\n- (ii) the biosecurity matter has spread and is in a large area of the State;\n- (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\n- (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\n- (b) prompt action is required to declare the biosecurity matter not to be prohibited matter.\n- (i) the biosecurity matter is no longer contained and can not be eradicated;\n- (ii) the biosecurity matter has spread and is in a large area of the State;\n- (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\n- (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive may make emergency prohibited matter declaration          ","content":"### sec.31 Chief executive may make emergency prohibited matter declaration          \n\nThe chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration )—\ndeclare any of the following to be prohibited matter—\nbiosecurity matter not mentioned in schedule 1 ;\nbiosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or\nSubsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.\ndeclare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter.\nThe chief executive may make an emergency prohibited matter declaration under subsection (1) (a) only if the chief executive is satisfied that—\nthe biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and\nurgent action is required to declare the biosecurity matter to be prohibited matter.\nThe chief executive may make an emergency prohibited matter declaration under subsection (1) (b) only if the chief executive is satisfied that—\n1 or more of the following applies—\nthe biosecurity matter is no longer contained and can not be eradicated;\nthe biosecurity matter has spread and is in a large area of the State;\nthe rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\nfor some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\nurgent action is required to declare the biosecurity matter not to be prohibited matter.\nThe chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made.\nAs soon as practicable after making an emergency prohibited matter declaration, the chief executive must—\npublish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and\ntake all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following—\nadvertising in newspapers, on radio and on television;\nelectronically using emails and text messages;\nautomated telephoning.\nAn emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5) .\ns 31 amd 2024 No. 17 s 111 (uncommenced amendment)\n(sec.31-ssec.1) The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration )— declare any of the following to be prohibited matter— biosecurity matter not mentioned in schedule 1 ; biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter.\n(sec.31-ssec.2) The chief executive may make an emergency prohibited matter declaration under subsection (1) (a) only if the chief executive is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and urgent action is required to declare the biosecurity matter to be prohibited matter.\n(sec.31-ssec.3) The chief executive may make an emergency prohibited matter declaration under subsection (1) (b) only if the chief executive is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and urgent action is required to declare the biosecurity matter not to be prohibited matter.\n(sec.31-ssec.4) The chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made.\n(sec.31-ssec.5) As soon as practicable after making an emergency prohibited matter declaration, the chief executive must— publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; automated telephoning.\n(sec.31-ssec.6) An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5) .\n- (a) declare any of the following to be prohibited matter— (i) biosecurity matter not mentioned in schedule 1 ; (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.\n- (i) biosecurity matter not mentioned in schedule 1 ;\n- (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.\n- (b) declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter.\n- (i) biosecurity matter not mentioned in schedule 1 ;\n- (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.\n- (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and\n- (b) urgent action is required to declare the biosecurity matter to be prohibited matter.\n- (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\n- (i) the biosecurity matter is no longer contained and can not be eradicated;\n- (ii) the biosecurity matter has spread and is in a large area of the State;\n- (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\n- (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\n- (b) urgent action is required to declare the biosecurity matter not to be prohibited matter.\n- (i) the biosecurity matter is no longer contained and can not be eradicated;\n- (ii) the biosecurity matter has spread and is in a large area of the State;\n- (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;\n- (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and\n- (a) publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and\n- (b) take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails and text messages; (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails and text messages;\n- (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails and text messages;\n- (iii) automated telephoning.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Matters for inclusion in emergency prohibited matter declaration","content":"### sec.32 Matters for inclusion in emergency prohibited matter declaration\n\nAn emergency prohibited matter declaration must include provisions that state—\na description of the biosecurity matter the subject of the declaration; and\nwhen the declaration starts; and\nwhen the declaration expires if it is not sooner revoked.\n- (a) a description of the biosecurity matter the subject of the declaration; and\n- (b) when the declaration starts; and\n- (c) when the declaration expires if it is not sooner revoked.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Effect and duration of emergency prohibited matter declaration","content":"### sec.33 Effect and duration of emergency prohibited matter declaration\n\nAn emergency prohibited matter declaration has effect from when it is made.\nUnless it is sooner revoked, an emergency prohibited matter declaration stays in force until the earlier of the following to happen—\n3 months elapse after the making of the emergency prohibited matter declaration;\na prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration.\ns 33 amd 2024 No. 17 s 112 (uncommenced amendment)\n(sec.33-ssec.1) An emergency prohibited matter declaration has effect from when it is made.\n(sec.33-ssec.2) Unless it is sooner revoked, an emergency prohibited matter declaration stays in force until the earlier of the following to happen— 3 months elapse after the making of the emergency prohibited matter declaration; a prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration.\n- (a) 3 months elapse after the making of the emergency prohibited matter declaration;\n- (b) a prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Requirement for both prohibited matter regulation and emergency prohibited matter declaration to classify new prohibited matter","content":"### sec.34 Requirement for both prohibited matter regulation and emergency prohibited matter declaration to classify new prohibited matter\n\nA prohibited matter regulation or emergency prohibited matter declaration that declares biosecurity matter to be prohibited matter must also declare in which part of schedule 1 the prohibited matter may be taken to be included.\ns 34 om 2024 No. 17 s 113 (uncommenced amendment)","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Up-to-date listing of all prohibited matter to be available on the department’s website","content":"### sec.35 Up-to-date listing of all prohibited matter to be available on the department’s website\n\nThe Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being prohibited matter.\ns 35 om 2024 No. 17 s 113 (uncommenced amendment)","sortOrder":43},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Obligations relating to prohibited matter","content":"## Obligations relating to prohibited matter","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Reporting presence of prohibited matter","content":"### sec.36 Reporting presence of prohibited matter\n\nThis section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter—\nat a place of which the person is an occupier; or\nin the person’s possession or under the person’s control; or\nin or on a carrier at a place of which the person is an occupier; or\nin or on a carrier in the person’s possession or under the person’s control.\nIf the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nHowever, the person is not required to advise an inspector under subsection (2) if—\nthe biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or\nthe biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.\nAlso, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person.\nA person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made.\nThe person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter.\nMaximum penalty—1,500 penalty units or 1 year’s imprisonment.\n(sec.36-ssec.1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter— at a place of which the person is an occupier; or in the person’s possession or under the person’s control; or in or on a carrier at a place of which the person is an occupier; or in or on a carrier in the person’s possession or under the person’s control.\n(sec.36-ssec.2) If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.36-ssec.3) However, the person is not required to advise an inspector under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.\n(sec.36-ssec.4) Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person. A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made.\n(sec.36-ssec.5) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter. Maximum penalty—1,500 penalty units or 1 year’s imprisonment.\n- (a) at a place of which the person is an occupier; or\n- (b) in the person’s possession or under the person’s control; or\n- (c) in or on a carrier at a place of which the person is an occupier; or\n- (d) in or on a carrier in the person’s possession or under the person’s control.\n- (a) the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or\n- (b) the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Dealing with prohibited matter","content":"### sec.37 Dealing with prohibited matter\n\nA person must not deal with prohibited matter.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nA person does not commit an offence against subsection (1) only because the person advises an inspector under this part about the discovery of prohibited matter.\nSubsection (1) does not apply to a dealing with prohibited matter—\nthat is—\nauthorised under a prohibited matter permit; or\nauthorised under a biosecurity emergency order or biosecurity emergency order permit; or\nfor the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or\nauthorised under another Act or a law of the Commonwealth; or\nfor which the person has a reasonable excuse.\n(sec.37-ssec.1) A person must not deal with prohibited matter. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.37-ssec.2) A person does not commit an offence against subsection (1) only because the person advises an inspector under this part about the discovery of prohibited matter.\n(sec.37-ssec.3) Subsection (1) does not apply to a dealing with prohibited matter— that is— authorised under a prohibited matter permit; or authorised under a biosecurity emergency order or biosecurity emergency order permit; or for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or authorised under another Act or a law of the Commonwealth; or for which the person has a reasonable excuse.\n- (a) that is— (i) authorised under a prohibited matter permit; or (ii) authorised under a biosecurity emergency order or biosecurity emergency order permit; or (iii) for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or (iv) authorised under another Act or a law of the Commonwealth; or\n- (i) authorised under a prohibited matter permit; or\n- (ii) authorised under a biosecurity emergency order or biosecurity emergency order permit; or\n- (iii) for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or\n- (iv) authorised under another Act or a law of the Commonwealth; or\n- (b) for which the person has a reasonable excuse.\n- (i) authorised under a prohibited matter permit; or\n- (ii) authorised under a biosecurity emergency order or biosecurity emergency order permit; or\n- (iii) for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or\n- (iv) authorised under another Act or a law of the Commonwealth; or","sortOrder":46},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Restricted matter","content":"# Restricted matter","sortOrder":47},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Establishing what is restricted matter","content":"## Establishing what is restricted matter","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Basic restricted matter declaration provision","content":"### sec.38 Basic restricted matter declaration provision\n\nBiosecurity matter mentioned in schedule 2 is restricted matter.\nHowever, the operation of subsection (1) may be affected by—\na restricted matter regulation; or\na prohibited matter regulation, but only in the way mentioned in part 2 , division 1 .\ns 38 om 2024 No. 17 s 115 (uncommenced amendment)\n(sec.38-ssec.1) Biosecurity matter mentioned in schedule 2 is restricted matter.\n(sec.38-ssec.2) However, the operation of subsection (1) may be affected by— a restricted matter regulation; or a prohibited matter regulation, but only in the way mentioned in part 2 , division 1 .\n- (a) a restricted matter regulation; or\n- (b) a prohibited matter regulation, but only in the way mentioned in part 2 , division 1 .","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Restricted matter regulation","content":"### sec.39 Restricted matter regulation\n\nA regulation (a restricted matter regulation ) may—\ndeclare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or\ndeclare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that—\nthe biosecurity matter may pose a biosecurity risk; and\nthe biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and\nprompt action is required to declare the biosecurity matter to be restricted matter.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that—\nit is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and\nprompt action is required to declare the biosecurity matter not to be restricted matter.\ns 39 om 2024 No. 17 s 115 (uncommenced amendment)\n(sec.39-ssec.1) A regulation (a restricted matter regulation ) may— declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.\n(sec.39-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that— the biosecurity matter may pose a biosecurity risk; and the biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and prompt action is required to declare the biosecurity matter to be restricted matter.\n(sec.39-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that— it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and prompt action is required to declare the biosecurity matter not to be restricted matter.\n- (a) declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or\n- (b) declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.\n- (a) the biosecurity matter may pose a biosecurity risk; and\n- (b) the biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and\n- (c) prompt action is required to declare the biosecurity matter to be restricted matter.\n- (a) it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and\n- (b) prompt action is required to declare the biosecurity matter not to be restricted matter.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirement for restricted matter regulation to classify new restricted matter","content":"### sec.40 Requirement for restricted matter regulation to classify new restricted matter\n\nA restricted matter regulation that declares biosecurity matter to be restricted matter—\nmust also declare in which particular provisions of schedule 2 the restricted matter may be taken to be included; and\nmust assign a category number or category numbers to the restricted matter.\ns 40 om 2024 No. 17 s 115 (uncommenced amendment)\n- (a) must also declare in which particular provisions of schedule 2 the restricted matter may be taken to be included; and\n- (b) must assign a category number or category numbers to the restricted matter.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Up-to-date listing of all restricted matter to be available on the department’s website ","content":"### sec.41 Up-to-date listing of all restricted matter to be available on the department’s website \n\nThe Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being restricted matter.\ns 41 om 2024 No. 17 s 115 (uncommenced amendment)","sortOrder":52},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Obligations relating to restricted matter","content":"## Obligations relating to restricted matter","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Reporting presence of category 1 or 2 restricted matter","content":"### sec.42 Reporting presence of category 1 or 2 restricted matter\n\nThis section applies to a person if the person becomes aware of the presence of biosecurity matter that is category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 restricted matter—\nat a place of which the person is an occupier; or\nin the person’s possession or under the person’s control; or\nin or on a carrier at a place of which the person is an occupier; or\nin or on a carrier in the person’s possession or under the person’s control.\nIf the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1) .\nMaximum penalty—\nfor a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or\nfor a breach in relation to category 2 restricted matter—200 penalty units.\nHowever, the person is not required to advise an appropriate authorised officer under subsection (2) if—\nthe biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted matter permit; or\nthe biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.\nAlso, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person.\nA person would not be required to advise an appropriate authorised officer of the presence of category 1 or category 2 restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made.\nThe person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the restricted matter.\nMaximum penalty—750 penalty units.\nIn this section—\nappropriate authorised officer means—\nif the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or\nif the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.\ns 42 amd 2015 No. 15 s 42 ; 2024 No. 17 s 85\n(sec.42-ssec.1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 restricted matter— at a place of which the person is an occupier; or in the person’s possession or under the person’s control; or in or on a carrier at a place of which the person is an occupier; or in or on a carrier in the person’s possession or under the person’s control.\n(sec.42-ssec.2) If the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1) . Maximum penalty— for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or for a breach in relation to category 2 restricted matter—200 penalty units.\n(sec.42-ssec.3) However, the person is not required to advise an appropriate authorised officer under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted matter permit; or the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.\n(sec.42-ssec.4) Also, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person. A person would not be required to advise an appropriate authorised officer of the presence of category 1 or category 2 restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made.\n(sec.42-ssec.5) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the restricted matter. Maximum penalty—750 penalty units.\n(sec.42-ssec.6) In this section— appropriate authorised officer means— if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.\n- (a) at a place of which the person is an occupier; or\n- (b) in the person’s possession or under the person’s control; or\n- (c) in or on a carrier at a place of which the person is an occupier; or\n- (d) in or on a carrier in the person’s possession or under the person’s control.\n- (a) for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or\n- (b) for a breach in relation to category 2 restricted matter—200 penalty units.\n- (a) the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted matter permit; or\n- (b) the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.\n- (a) if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or\n- (b) if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Distributing or disposing of category 3 restricted matter","content":"### sec.43 Distributing or disposing of category 3 restricted matter\n\nA person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is—\nperformed in the way prescribed under a regulation; or\nauthorised under a restricted matter permit; or\nperformed by an authorised officer in the performance of the authorised officer’s functions under this Act; or\nfor the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or\nfor the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or\nfor a purpose prescribed by regulation.\nMaximum penalty—500 penalty units.\nHowever, subsection (1) does not apply if—\nthe category 3 restricted matter is an invasive plant; and\nan owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal.\nA person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is—\nperformed in the way prescribed under a regulation; or\nauthorised under a restricted matter permit; or\nperformed by an authorised officer in the performance of the authorised officer’s functions under this Act.\nMaximum penalty—500 penalty units.\nHowever, subsection (3) does not apply if—\na thing is infested with category 3 restricted matter that is an invasive plant; and\nan owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal.\nIn this section—\ndistribute , restricted matter or a thing, includes the following—\ngiving the restricted matter or thing to another person;\nselling or trading in the restricted matter or thing;\nreleasing the restricted matter or thing into the environment.\ns 43 amd 2015 No. 15 s 43 ; 2024 No. 17 s 86\n(sec.43-ssec.1) A person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or for a purpose prescribed by regulation. Maximum penalty—500 penalty units.\n(sec.43-ssec.2) However, subsection (1) does not apply if— the category 3 restricted matter is an invasive plant; and an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal.\n(sec.43-ssec.3) A person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act. Maximum penalty—500 penalty units.\n(sec.43-ssec.4) However, subsection (3) does not apply if— a thing is infested with category 3 restricted matter that is an invasive plant; and an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal.\n(sec.43-ssec.5) In this section— distribute , restricted matter or a thing, includes the following— giving the restricted matter or thing to another person; selling or trading in the restricted matter or thing; releasing the restricted matter or thing into the environment.\n- (a) performed in the way prescribed under a regulation; or\n- (b) authorised under a restricted matter permit; or\n- (c) performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or\n- (d) for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or\n- (e) for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or\n- (f) for a purpose prescribed by regulation.\n- (a) the category 3 restricted matter is an invasive plant; and\n- (b) an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal.\n- (a) performed in the way prescribed under a regulation; or\n- (b) authorised under a restricted matter permit; or\n- (c) performed by an authorised officer in the performance of the authorised officer’s functions under this Act.\n- (a) a thing is infested with category 3 restricted matter that is an invasive plant; and\n- (b) an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal.\n- (a) giving the restricted matter or thing to another person;\n- (b) selling or trading in the restricted matter or thing;\n- (c) releasing the restricted matter or thing into the environment.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement to kill and dispose of category 7 restricted matter","content":"### sec.44 Requirement to kill and dispose of category 7 restricted matter\n\nA person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter.\nMaximum penalty—500 penalty units.\nA guideline could apply under chapter 5 about ways to humanely kill noxious fish.\nA person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation.\nMaximum penalty—500 penalty units.\nSubsection (2) applies whether or not the person killed the category 7 restricted matter.\nHowever, a person does not commit an offence against subsection (1) or (2) if—\nthe restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or\nthe restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.\n(sec.44-ssec.1) A person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter. Maximum penalty—500 penalty units. A guideline could apply under chapter 5 about ways to humanely kill noxious fish.\n(sec.44-ssec.2) A person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation. Maximum penalty—500 penalty units.\n(sec.44-ssec.3) Subsection (2) applies whether or not the person killed the category 7 restricted matter.\n(sec.44-ssec.4) However, a person does not commit an offence against subsection (1) or (2) if— the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.\n- (a) the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or\n- (b) the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Offences about other categories of restricted matter","content":"### sec.45 Offences about other categories of restricted matter\n\nA person must not do any of the following—\nmove, or cause or allow to be moved, category 4 restricted matter;\nkeep in the person’s possession or under the person’s control category 5 restricted matter;\ngive food to category 6 restricted matter.\nMaximum penalty—500 penalty units.\nA person does not commit an offence against subsection (1) if the person’s action is authorised under—\na restricted matter permit; or\nanother Act or a law of the Commonwealth.\nA person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10 as evidence of the commission of an offence.\nA person does not commit an offence against subsection (1) (a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.\nA person does not commit an offence against subsection (1) (b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.\nA person does not commit an offence against subsection (1) (c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.\nIn this section—\nrelevant entity means any 1 of the following—\nthe Board of the Queensland Museum established under the Queensland Museum Act 1970 ;\nthe department that includes the entity known as the Queensland Herbarium;\nanother government entity with expertise in the identification of the restricted matter to be moved or kept.\n(sec.45-ssec.1) A person must not do any of the following— move, or cause or allow to be moved, category 4 restricted matter; keep in the person’s possession or under the person’s control category 5 restricted matter; give food to category 6 restricted matter. Maximum penalty—500 penalty units.\n(sec.45-ssec.2) A person does not commit an offence against subsection (1) if the person’s action is authorised under— a restricted matter permit; or another Act or a law of the Commonwealth.\n(sec.45-ssec.3) A person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10 as evidence of the commission of an offence.\n(sec.45-ssec.4) A person does not commit an offence against subsection (1) (a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.\n(sec.45-ssec.5) A person does not commit an offence against subsection (1) (b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.\n(sec.45-ssec.6) A person does not commit an offence against subsection (1) (c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.\n(sec.45-ssec.7) In this section— relevant entity means any 1 of the following— the Board of the Queensland Museum established under the Queensland Museum Act 1970 ; the department that includes the entity known as the Queensland Herbarium; another government entity with expertise in the identification of the restricted matter to be moved or kept.\n- (a) move, or cause or allow to be moved, category 4 restricted matter;\n- (b) keep in the person’s possession or under the person’s control category 5 restricted matter;\n- (c) give food to category 6 restricted matter.\n- (a) a restricted matter permit; or\n- (b) another Act or a law of the Commonwealth.\n- (a) the Board of the Queensland Museum established under the Queensland Museum Act 1970 ;\n- (b) the department that includes the entity known as the Queensland Herbarium;\n- (c) another government entity with expertise in the identification of the restricted matter to be moved or kept.","sortOrder":57},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":58},{"sectionNumber":"sec.45A","sectionType":"section","heading":"What is prohibited feed for pigs and poultry","content":"### sec.45A What is prohibited feed for pigs and poultry\n\nProhibited feed for pigs and poultry is material that—\ncontains or may contain—\na carcass of a mammal or of a bird; or\nmaterial derived from a mammal or bird; or\nblood, bone, egg, faeces, meat, tissue\nfood or food scraps that contain or may contain meat\nhas been or may have been in contact with—\na carcass of a mammal or of a bird; or\nmaterial derived from a mammal or bird.\nfood or food scraps, from a restaurant, a hotel or domestic premises, that may have been in contact with meat\nHowever, prohibited feed for pigs and poultry does not include—\nmaterial prescribed by regulation; or\na stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil)\nmaterial that has undergone a stated process\nmaterial from a stated source, origin, location or environment\nmaterial fed in a stated way or under stated circumstances or conditions\nmaterial rendered in accordance with AS 5008.\nblood meal, meat meal, meat and bone meal\ns 45A ins 2016 No. 28 s 31\n(sec.45A-ssec.1) Prohibited feed for pigs and poultry is material that— contains or may contain— a carcass of a mammal or of a bird; or material derived from a mammal or bird; or blood, bone, egg, faeces, meat, tissue food or food scraps that contain or may contain meat has been or may have been in contact with— a carcass of a mammal or of a bird; or material derived from a mammal or bird. food or food scraps, from a restaurant, a hotel or domestic premises, that may have been in contact with meat\n(sec.45A-ssec.2) However, prohibited feed for pigs and poultry does not include— material prescribed by regulation; or a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil) material that has undergone a stated process material from a stated source, origin, location or environment material fed in a stated way or under stated circumstances or conditions material rendered in accordance with AS 5008. blood meal, meat meal, meat and bone meal\n- (a) contains or may contain— (i) a carcass of a mammal or of a bird; or (ii) material derived from a mammal or bird; or Examples— • blood, bone, egg, faeces, meat, tissue • food or food scraps that contain or may contain meat\n- (i) a carcass of a mammal or of a bird; or\n- (ii) material derived from a mammal or bird; or Examples— • blood, bone, egg, faeces, meat, tissue • food or food scraps that contain or may contain meat\n- • blood, bone, egg, faeces, meat, tissue\n- • food or food scraps that contain or may contain meat\n- (b) has been or may have been in contact with— (i) a carcass of a mammal or of a bird; or (ii) material derived from a mammal or bird.\n- (i) a carcass of a mammal or of a bird; or\n- (ii) material derived from a mammal or bird.\n- (i) a carcass of a mammal or of a bird; or\n- (ii) material derived from a mammal or bird; or Examples— • blood, bone, egg, faeces, meat, tissue • food or food scraps that contain or may contain meat\n- • blood, bone, egg, faeces, meat, tissue\n- • food or food scraps that contain or may contain meat\n- • blood, bone, egg, faeces, meat, tissue\n- • food or food scraps that contain or may contain meat\n- (i) a carcass of a mammal or of a bird; or\n- (ii) material derived from a mammal or bird.\n- (a) material prescribed by regulation; or Examples of material that may be prescribed— • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil) • material that has undergone a stated process • material from a stated source, origin, location or environment • material fed in a stated way or under stated circumstances or conditions\n- • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil)\n- • material that has undergone a stated process\n- • material from a stated source, origin, location or environment\n- • material fed in a stated way or under stated circumstances or conditions\n- (b) material rendered in accordance with AS 5008. Examples of rendered material— blood meal, meat meal, meat and bone meal\n- • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil)\n- • material that has undergone a stated process\n- • material from a stated source, origin, location or environment\n- • material fed in a stated way or under stated circumstances or conditions","sortOrder":59},{"sectionNumber":"sec.45B","sectionType":"section","heading":"What is restricted animal material","content":"### sec.45B What is restricted animal material\n\nRestricted animal material is material that—\ncontains or may contain—\na carcass of an animal that is a vertebrate; or\nmaterial derived from an animal that is a vertebrate; or\nblood, bone, egg, faeces, meal, meat, tissue\nhas been or may have been in contact with—\na carcass of an animal that is a vertebrate; or\nmaterial derived from an animal that is a vertebrate.\nHowever, restricted animal material does not include material prescribed by regulation.\na stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product, used cooking oil or mineralised seabird guano)\nmaterial that has undergone a stated process\nmaterial from a stated source, origin, location or environment\nmaterial fed in a stated way or under stated circumstances or conditions\ns 45B ins 2016 No. 28 s 31\n(sec.45B-ssec.1) Restricted animal material is material that— contains or may contain— a carcass of an animal that is a vertebrate; or material derived from an animal that is a vertebrate; or blood, bone, egg, faeces, meal, meat, tissue has been or may have been in contact with— a carcass of an animal that is a vertebrate; or material derived from an animal that is a vertebrate.\n(sec.45B-ssec.2) However, restricted animal material does not include material prescribed by regulation. a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product, used cooking oil or mineralised seabird guano) material that has undergone a stated process material from a stated source, origin, location or environment material fed in a stated way or under stated circumstances or conditions\n- (a) contains or may contain— (i) a carcass of an animal that is a vertebrate; or (ii) material derived from an animal that is a vertebrate; or Examples— blood, bone, egg, faeces, meal, meat, tissue\n- (i) a carcass of an animal that is a vertebrate; or\n- (ii) material derived from an animal that is a vertebrate; or Examples— blood, bone, egg, faeces, meal, meat, tissue\n- (b) has been or may have been in contact with— (i) a carcass of an animal that is a vertebrate; or (ii) material derived from an animal that is a vertebrate.\n- (i) a carcass of an animal that is a vertebrate; or\n- (ii) material derived from an animal that is a vertebrate.\n- (i) a carcass of an animal that is a vertebrate; or\n- (ii) material derived from an animal that is a vertebrate; or Examples— blood, bone, egg, faeces, meal, meat, tissue\n- (i) a carcass of an animal that is a vertebrate; or\n- (ii) material derived from an animal that is a vertebrate.\n- • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product, used cooking oil or mineralised seabird guano)\n- • material that has undergone a stated process\n- • material from a stated source, origin, location or environment\n- • material fed in a stated way or under stated circumstances or conditions","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Prohibitions on feeding or supplying restricted animal material","content":"### sec.46 Prohibitions on feeding or supplying restricted animal material\n\nA person must not feed restricted animal material to a ruminant.\nMaximum penalty—400 penalty units.\nA person who deals with a ruminant must take all reasonable steps to ensure the ruminant does not feed on restricted animal material.\nMaximum penalty—400 penalty units.\nA person (the relevant person ) must not supply restricted animal material to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a ruminant.\nMaximum penalty—400 penalty units.\nA person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if—\nthe person has a reasonable excuse; or\nboth of the following apply—\na regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\nthe circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.\nA person who feeds restricted animal material to a ruminant does not commit an offence against subsection (1) , (2) or (3) if—\nthe person—\nis, under section 46B , permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and\nfeeds the material to the ruminant in the way permitted by the chief executive; or\nthe feeding is authorised under another Act or a law of the Commonwealth.\nFor the effect of a biosecurity emergency order, see section 115 .\ns 46 sub 2015 No. 15 s 44\namd 2016 No. 28 s 32\n(sec.46-ssec.1) A person must not feed restricted animal material to a ruminant. Maximum penalty—400 penalty units.\n(sec.46-ssec.2) A person who deals with a ruminant must take all reasonable steps to ensure the ruminant does not feed on restricted animal material. Maximum penalty—400 penalty units.\n(sec.46-ssec.3) A person (the relevant person ) must not supply restricted animal material to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a ruminant. Maximum penalty—400 penalty units.\n(sec.46-ssec.4) A person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if— the person has a reasonable excuse; or both of the following apply— a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.\n(sec.46-ssec.5) A person who feeds restricted animal material to a ruminant does not commit an offence against subsection (1) , (2) or (3) if— the person— is, under section 46B , permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and feeds the material to the ruminant in the way permitted by the chief executive; or the feeding is authorised under another Act or a law of the Commonwealth. For the effect of a biosecurity emergency order, see section 115 .\n- (a) the person has a reasonable excuse; or\n- (b) both of the following apply— (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); (ii) the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.\n- (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\n- (ii) the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.\n- (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\n- (ii) the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.\n- (a) the person— (i) is, under section 46B , permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and (ii) feeds the material to the ruminant in the way permitted by the chief executive; or\n- (i) is, under section 46B , permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and\n- (ii) feeds the material to the ruminant in the way permitted by the chief executive; or\n- (b) the feeding is authorised under another Act or a law of the Commonwealth.\n- (i) is, under section 46B , permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and\n- (ii) feeds the material to the ruminant in the way permitted by the chief executive; or","sortOrder":61},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Prohibitions on feeding or supplying prohibited feed for pigs and poultry","content":"### sec.46A Prohibitions on feeding or supplying prohibited feed for pigs and poultry\n\nA person must not feed prohibited feed for pigs and poultry to a pig or poultry.\nMaximum penalty—400 penalty units.\nA person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry.\nMaximum penalty—400 penalty units.\nA person (the relevant person ) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry.\nMaximum penalty—400 penalty units.\nA person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if—\nthe person has a reasonable excuse; or\nboth of the following apply—\na regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\nthe circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.\nA person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1) , (2) or (3) if—\nthe person—\nis, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and\nfeeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or\nthe feeding is authorised under another Act or a law of the Commonwealth.\nFor the effect of a biosecurity emergency order, see section 115 .\nA person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1) , (2) or (3) if—\nall of the following apply—\nthe feeding is done by or carried out under the written direction of a veterinary surgeon;\nthe material is derived from a pig;\nthe pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or\nthe person uses the material—\nin a poisoned bait for killing a feral pig; or\nas a preliminary to baiting a feral pig to kill it, and the material is not poisoned.\ns 46A ins 2015 No. 15 s 44\namd 2016 No. 28 s 33 ; 2020 No. 3 s 30\n(sec.46A-ssec.1) A person must not feed prohibited feed for pigs and poultry to a pig or poultry. Maximum penalty—400 penalty units.\n(sec.46A-ssec.2) A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry. Maximum penalty—400 penalty units.\n(sec.46A-ssec.3) A person (the relevant person ) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry. Maximum penalty—400 penalty units.\n(sec.46A-ssec.4) A person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if— the person has a reasonable excuse; or both of the following apply— a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.\n(sec.46A-ssec.5) A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1) , (2) or (3) if— the person— is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or the feeding is authorised under another Act or a law of the Commonwealth. For the effect of a biosecurity emergency order, see section 115 .\n(sec.46A-ssec.6) A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1) , (2) or (3) if— all of the following apply— the feeding is done by or carried out under the written direction of a veterinary surgeon; the material is derived from a pig; the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or the person uses the material— in a poisoned bait for killing a feral pig; or as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.\n- (a) the person has a reasonable excuse; or\n- (b) both of the following apply— (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.\n- (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\n- (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.\n- (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);\n- (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.\n- (a) the person— (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or\n- (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and\n- (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or\n- (b) the feeding is authorised under another Act or a law of the Commonwealth.\n- (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and\n- (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or\n- (a) all of the following apply— (i) the feeding is done by or carried out under the written direction of a veterinary surgeon; (ii) the material is derived from a pig; (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or\n- (i) the feeding is done by or carried out under the written direction of a veterinary surgeon;\n- (ii) the material is derived from a pig;\n- (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or\n- (b) the person uses the material— (i) in a poisoned bait for killing a feral pig; or (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.\n- (i) in a poisoned bait for killing a feral pig; or\n- (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.\n- (i) the feeding is done by or carried out under the written direction of a veterinary surgeon;\n- (ii) the material is derived from a pig;\n- (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or\n- (i) in a poisoned bait for killing a feral pig; or\n- (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.","sortOrder":62},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Permission to feed restricted animal material or prohibited feed for pigs and poultry to particular animals","content":"### sec.46B Permission to feed restricted animal material or prohibited feed for pigs and poultry to particular animals\n\nThis section empowers the chief executive to permit feeding of particular animals for section 46 (5) (a) (i) or 46A (5) (a) (i) .\nThe chief executive may, in writing, permit a person to feed—\nrestricted animal material to a ruminant lawfully used for a scientific purpose; or\nprohibited feed for pigs and poultry to a pig or poultry lawfully used for a scientific purpose.\nThe chief executive may permit the feeding if the chief executive is satisfied on reasonable grounds the research or other use for a scientific purpose will be conducted under controls that ensure—\nany risks posed by the research or other use for a scientific purpose can be managed in a way that protects the health and safety of people and animals; and\nthe person will know the location of, and have control of, the ruminant, pig or poultry at all times the research is being conducted.\ns 46B prev s 46B ins 2015 No. 15 s 44\nom 2016 No. 28 s 34\npres s 46B (prev s 46C) ins 2015 No. 15 s 44\namd 2016 No. 28 s 35 (1) – (4)\nrenum 2016 No. 28 s 35 (5)\n(sec.46B-ssec.1) This section empowers the chief executive to permit feeding of particular animals for section 46 (5) (a) (i) or 46A (5) (a) (i) .\n(sec.46B-ssec.2) The chief executive may, in writing, permit a person to feed— restricted animal material to a ruminant lawfully used for a scientific purpose; or prohibited feed for pigs and poultry to a pig or poultry lawfully used for a scientific purpose.\n(sec.46B-ssec.3) The chief executive may permit the feeding if the chief executive is satisfied on reasonable grounds the research or other use for a scientific purpose will be conducted under controls that ensure— any risks posed by the research or other use for a scientific purpose can be managed in a way that protects the health and safety of people and animals; and the person will know the location of, and have control of, the ruminant, pig or poultry at all times the research is being conducted.\n- (a) restricted animal material to a ruminant lawfully used for a scientific purpose; or\n- (b) prohibited feed for pigs and poultry to a pig or poultry lawfully used for a scientific purpose.\n- (a) any risks posed by the research or other use for a scientific purpose can be managed in a way that protects the health and safety of people and animals; and\n- (b) the person will know the location of, and have control of, the ruminant, pig or poultry at all times the research is being conducted.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notifiable incidents","content":"### sec.47 Notifiable incidents\n\nThis section applies to a person if—\nthe person becomes aware that an incident has happened; and\nthe person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and\nthe person has no grounds to believe that an inspector has already been made aware of the happening of the incident.\nThe person must, unless the person has a reasonable excuse—\nadvise an inspector of the incident in accordance with the requirements stated in this section; and\notherwise comply with the requirements of this section in relation to the incident.\nMaximum penalty—1,000 penalty units.\nIf practicable, the advice must be given to an inspector having administrative responsibility in the area where the incident happened.\nThe advice must—\nbe given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and\nstate enough particulars to identify the incident, its nature and its location.\nThe advice must be accompanied, or be followed as soon as practicable, by any documents that reasonably relate to the incident, including, for example, an analyst’s report of analysis showing the results of testing.\nThe person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by any biosecurity matter or carrier the subject of the incident.\nThe person must as far as practicable keep an infected animal, carcass or animal product separate from animals, carcasses or animal products that are not infected.\nIn this section—\nincident includes event.\nnotifiable incident means—\na biosecurity event; or\nwithout limiting paragraph (a) , the happening of any of the following—\nthe appearance of blisters on the mouths or feet of designated animals;\nan abnormally high mortality rate or morbidity rate in plants or in designated animals;\na sudden and unexplained fall in production relating to plants or designated animals;\nthe presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier;\nthe appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.\n(sec.47-ssec.1) This section applies to a person if— the person becomes aware that an incident has happened; and the person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and the person has no grounds to believe that an inspector has already been made aware of the happening of the incident.\n(sec.47-ssec.2) The person must, unless the person has a reasonable excuse— advise an inspector of the incident in accordance with the requirements stated in this section; and otherwise comply with the requirements of this section in relation to the incident. Maximum penalty—1,000 penalty units.\n(sec.47-ssec.3) If practicable, the advice must be given to an inspector having administrative responsibility in the area where the incident happened.\n(sec.47-ssec.4) The advice must— be given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and state enough particulars to identify the incident, its nature and its location.\n(sec.47-ssec.5) The advice must be accompanied, or be followed as soon as practicable, by any documents that reasonably relate to the incident, including, for example, an analyst’s report of analysis showing the results of testing.\n(sec.47-ssec.6) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by any biosecurity matter or carrier the subject of the incident. The person must as far as practicable keep an infected animal, carcass or animal product separate from animals, carcasses or animal products that are not infected.\n(sec.47-ssec.7) In this section— incident includes event. notifiable incident means— a biosecurity event; or without limiting paragraph (a) , the happening of any of the following— the appearance of blisters on the mouths or feet of designated animals; an abnormally high mortality rate or morbidity rate in plants or in designated animals; a sudden and unexplained fall in production relating to plants or designated animals; the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier; the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.\n- (a) the person becomes aware that an incident has happened; and\n- (b) the person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and\n- (c) the person has no grounds to believe that an inspector has already been made aware of the happening of the incident.\n- (a) advise an inspector of the incident in accordance with the requirements stated in this section; and\n- (b) otherwise comply with the requirements of this section in relation to the incident.\n- (a) be given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and\n- (b) state enough particulars to identify the incident, its nature and its location.\n- (a) a biosecurity event; or\n- (b) without limiting paragraph (a) , the happening of any of the following— (i) the appearance of blisters on the mouths or feet of designated animals; (ii) an abnormally high mortality rate or morbidity rate in plants or in designated animals; (iii) a sudden and unexplained fall in production relating to plants or designated animals; (iv) the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier; (v) the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.\n- (i) the appearance of blisters on the mouths or feet of designated animals;\n- (ii) an abnormally high mortality rate or morbidity rate in plants or in designated animals;\n- (iii) a sudden and unexplained fall in production relating to plants or designated animals;\n- (iv) the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier;\n- (v) the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.\n- (i) the appearance of blisters on the mouths or feet of designated animals;\n- (ii) an abnormally high mortality rate or morbidity rate in plants or in designated animals;\n- (iii) a sudden and unexplained fall in production relating to plants or designated animals;\n- (iv) the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier;\n- (v) the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.","sortOrder":64},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Provisions about functions and obligations of local governments","content":"# Provisions about functions and obligations of local governments","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Main function of local government","content":"### sec.48 Main function of local government\n\nThe main function under this Act of each local government is to ensure that the following biosecurity matter ( invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act—\nprohibited matter mentioned in schedule 1 , parts 3 and 4 ;\nprohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration;\nrestricted matter mentioned in schedule 2 , part 2 ;\nrestricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation;\nan invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that—\nis provided for under a local law of the local government under subsection (4) ; and\nin the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.\nFor subsection (1) (e) (ii) , the local invasive biosecurity matter criteria for an invasive animal or invasive plant are—\nthe animal or plant is currently present in the local government’s local government area; and\nthere are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration.\nHowever, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area.\nWithout limiting the Local Government Act , section 28 (1) or the City of Brisbane Act , section 29 , a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area.\ns 48 amd 2024 No. 17 s 87\namd 2024 No. 17 s 117 (uncommenced amendment)\n(sec.48-ssec.1) The main function under this Act of each local government is to ensure that the following biosecurity matter ( invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act— prohibited matter mentioned in schedule 1 , parts 3 and 4 ; prohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration; restricted matter mentioned in schedule 2 , part 2 ; restricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation; an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that— is provided for under a local law of the local government under subsection (4) ; and in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.\n(sec.48-ssec.2) For subsection (1) (e) (ii) , the local invasive biosecurity matter criteria for an invasive animal or invasive plant are— the animal or plant is currently present in the local government’s local government area; and there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration.\n(sec.48-ssec.3) However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area.\n(sec.48-ssec.4) Without limiting the Local Government Act , section 28 (1) or the City of Brisbane Act , section 29 , a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area.\n- (a) prohibited matter mentioned in schedule 1 , parts 3 and 4 ;\n- (b) prohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration;\n- (c) restricted matter mentioned in schedule 2 , part 2 ;\n- (d) restricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation;\n- (e) an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that— (i) is provided for under a local law of the local government under subsection (4) ; and (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.\n- (i) is provided for under a local law of the local government under subsection (4) ; and\n- (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.\n- (i) is provided for under a local law of the local government under subsection (4) ; and\n- (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.\n- (a) the animal or plant is currently present in the local government’s local government area; and\n- (b) there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"When State and local government act in partnership","content":"### sec.49 When State and local government act in partnership\n\nThe chief executive and the chief executive officer of a local government may agree that the State and local government act in a coordinated way to respond to a biosecurity event in the local government’s area associated with its area’s invasive biosecurity matter.\nThe chief executive makes a biosecurity emergency order in response to a biosecurity event and the biosecurity emergency area for the biosecurity emergency order is in a local government’s area. The biosecurity matter associated with the biosecurity event is prohibited matter that is invasive biosecurity matter for the local government’s area. The role of a local government in managing the prohibited matter may consist only of providing authorised persons appointed by the local government to respond to the biosecurity event.\nThe State and a local government may enter into a government and industry agreement to respond to a biosecurity event.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Minister may direct local government to perform function or obligation          ","content":"### sec.50 Minister may direct local government to perform function or obligation          \n\nThis section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act.\na local government not taking reasonable steps to manage invasive biosecurity matter for its local government area\nThe Minister may, by notice ( local government compliance notice ) given to the local government, direct it to perform the function or obligation.\nHowever, before giving the local government compliance notice, the Minister must consult with the local government and consider the local government’s views about the performance of the function or obligation.\nThe notice must state the following—\nthe function or obligation the Minister believes the local government is not performing;\nwhat action the Minister requires the local government to take to perform the function or obligation;\nthe day by which the stated action must be taken.\nThe local government must comply with the notice.\n(sec.50-ssec.1) This section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act. a local government not taking reasonable steps to manage invasive biosecurity matter for its local government area\n(sec.50-ssec.2) The Minister may, by notice ( local government compliance notice ) given to the local government, direct it to perform the function or obligation.\n(sec.50-ssec.3) However, before giving the local government compliance notice, the Minister must consult with the local government and consider the local government’s views about the performance of the function or obligation.\n(sec.50-ssec.4) The notice must state the following— the function or obligation the Minister believes the local government is not performing; what action the Minister requires the local government to take to perform the function or obligation; the day by which the stated action must be taken.\n(sec.50-ssec.5) The local government must comply with the notice.\n- (a) the function or obligation the Minister believes the local government is not performing;\n- (b) what action the Minister requires the local government to take to perform the function or obligation;\n- (c) the day by which the stated action must be taken.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Chief executive may act to perform local government’s functions","content":"### sec.51 Chief executive may act to perform local government’s functions\n\nThis section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice.\nThis section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice.\nThe chief executive may by gazette notice—\nstate any function or obligation mentioned in the notice that the local government has not complied with; and\ndeclare that, for a stated period, the function or obligation is given to the chief executive; and\nstate that the chief executive proposes to perform the function or obligation; and\nstate what action the chief executive proposes to take to perform the function or obligation.\nThe chief executive may perform the function or obligation, and take the stated action.\nThe chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action.\nThe costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State.\n(sec.51-ssec.1) This section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice.\n(sec.51-ssec.2) This section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice.\n(sec.51-ssec.3) The chief executive may by gazette notice— state any function or obligation mentioned in the notice that the local government has not complied with; and declare that, for a stated period, the function or obligation is given to the chief executive; and state that the chief executive proposes to perform the function or obligation; and state what action the chief executive proposes to take to perform the function or obligation.\n(sec.51-ssec.4) The chief executive may perform the function or obligation, and take the stated action.\n(sec.51-ssec.5) The chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action.\n(sec.51-ssec.6) The costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State.\n- (a) state any function or obligation mentioned in the notice that the local government has not complied with; and\n- (b) declare that, for a stated period, the function or obligation is given to the chief executive; and\n- (c) state that the chief executive proposes to perform the function or obligation; and\n- (d) state what action the chief executive proposes to take to perform the function or obligation.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Minister may ask for particular information from local government               ","content":"### sec.52 Minister may ask for particular information from local government               \n\nThe Minister may, by notice given to a local government, ask the local government to give the Minister a written report about any function performed or power exercised, or required to be performed or exercised, by the local government under this Act.\na report on the outcomes of consultation for developing or amending a biosecurity plan\nThe local government must comply with the request.\n(sec.52-ssec.1) The Minister may, by notice given to a local government, ask the local government to give the Minister a written report about any function performed or power exercised, or required to be performed or exercised, by the local government under this Act. a report on the outcomes of consultation for developing or amending a biosecurity plan\n(sec.52-ssec.2) The local government must comply with the request.","sortOrder":70},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Biosecurity plans for local government areas","content":"# Biosecurity plans for local government areas","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Local governments to have biosecurity plan","content":"### sec.53 Local governments to have biosecurity plan\n\nA local government must have a biosecurity plan for invasive biosecurity matter for its local government area.\nThe plan may include provision for each of the following—\nachievable objectives under the plan;\nstrategies, activities and responsibilities for achieving the objectives;\nstrategies to inform the local community about the content of the plan and achievement of its objectives;\nmonitoring implementation of the plan and evaluating its effectiveness;\nother matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.\n(sec.53-ssec.1) A local government must have a biosecurity plan for invasive biosecurity matter for its local government area.\n(sec.53-ssec.2) The plan may include provision for each of the following— achievable objectives under the plan; strategies, activities and responsibilities for achieving the objectives; strategies to inform the local community about the content of the plan and achievement of its objectives; monitoring implementation of the plan and evaluating its effectiveness; other matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.\n- (a) achievable objectives under the plan;\n- (b) strategies, activities and responsibilities for achieving the objectives;\n- (c) strategies to inform the local community about the content of the plan and achievement of its objectives;\n- (d) monitoring implementation of the plan and evaluating its effectiveness;\n- (e) other matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Plan to be available for inspection","content":"### sec.54 Plan to be available for inspection\n\nEach local government must keep a copy of its biosecurity plan available for inspection, free of charge, by members of the public at the local government’s public office.\nThe plan may be made available in written or electronic form.\n(sec.54-ssec.1) Each local government must keep a copy of its biosecurity plan available for inspection, free of charge, by members of the public at the local government’s public office.\n(sec.54-ssec.2) The plan may be made available in written or electronic form.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Local governments acting concurrently for biosecurity plan","content":"### sec.55 Local governments acting concurrently for biosecurity plan\n\nThis part, in requiring each local government to have a biosecurity plan, does not stop 2 or more local governments from acting concurrently to propose and adopt the same biosecurity plan for each of the local governments or to subsequently amend the plan.\nEach local government whose biosecurity plan is identical with the biosecurity plan of another local government must implement the plan in its own local government area to the extent the plan relates to that area.\n(sec.55-ssec.1) This part, in requiring each local government to have a biosecurity plan, does not stop 2 or more local governments from acting concurrently to propose and adopt the same biosecurity plan for each of the local governments or to subsequently amend the plan.\n(sec.55-ssec.2) Each local government whose biosecurity plan is identical with the biosecurity plan of another local government must implement the plan in its own local government area to the extent the plan relates to that area.","sortOrder":74},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Land Protection Fund","content":"# Land Protection Fund","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Continuation of Land Protection Fund","content":"### sec.56 Continuation of Land Protection Fund\n\nThe Land Protection Fund (the fund ) established under the Stock Route Management Act 2002 is continued in existence.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Purpose and administration of fund","content":"### sec.57 Purpose and administration of fund\n\nThe purpose of the fund is to record amounts received for, and paid from, the fund to provide for activities that help local governments manage invasive animals and invasive plants.\nActivities that help a local government manage invasive animals and invasive plants include, for example, the following—\nresearch about managing invasive animals or invasive plants in the local government’s area;\neducational or training programs about invasive animals or invasive plants in the local government’s area;\nthe maintenance by an invasive animal board of any part of the barrier fence included in, or that benefits, the local government’s area;\ntaking action under a biosecurity program for invasive animals or invasive plants in the local government’s area.\naerial spraying of plagues of locusts under a prevention and control program\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nHowever, amounts received for the fund may be deposited in a departmental financial institution account of the department with other moneys of the department.\nAmounts received for the fund include the following—\namounts made available by the chief executive for the fund;\namounts given to the chief executive by another entity for this Act;\nthe proceeds of the sale or hire of any buildings, equipment or machinery acquired by the Minister or chief executive in relation to a matter under this chapter or chapter 4 ;\nthe amount of any costs incurred and recovered by the chief executive in relation to a matter under chapter 4 ;\nthe amount of any payment required by the Minister under section 60 ;\nother amounts received under this Act and prescribed under a regulation.\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department established under the Financial Accountability Act 2009 , section 69 (1) .\ndepartmental financial institution accounts , of the department, means the accounts of the department established under the Financial Accountability Act 2009 , section 83 (1) .\nother moneys , of the department, means all moneys of the department other than amounts received for the fund.\n(sec.57-ssec.1) The purpose of the fund is to record amounts received for, and paid from, the fund to provide for activities that help local governments manage invasive animals and invasive plants.\n(sec.57-ssec.2) Activities that help a local government manage invasive animals and invasive plants include, for example, the following— research about managing invasive animals or invasive plants in the local government’s area; educational or training programs about invasive animals or invasive plants in the local government’s area; the maintenance by an invasive animal board of any part of the barrier fence included in, or that benefits, the local government’s area; taking action under a biosecurity program for invasive animals or invasive plants in the local government’s area. aerial spraying of plagues of locusts under a prevention and control program\n(sec.57-ssec.3) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.57-ssec.4) However, amounts received for the fund may be deposited in a departmental financial institution account of the department with other moneys of the department.\n(sec.57-ssec.5) Amounts received for the fund include the following— amounts made available by the chief executive for the fund; amounts given to the chief executive by another entity for this Act; the proceeds of the sale or hire of any buildings, equipment or machinery acquired by the Minister or chief executive in relation to a matter under this chapter or chapter 4 ; the amount of any costs incurred and recovered by the chief executive in relation to a matter under chapter 4 ; the amount of any payment required by the Minister under section 60 ; other amounts received under this Act and prescribed under a regulation.\n(sec.57-ssec.6) In this section— departmental accounts , of the department, means the accounts of the department established under the Financial Accountability Act 2009 , section 69 (1) . departmental financial institution accounts , of the department, means the accounts of the department established under the Financial Accountability Act 2009 , section 83 (1) . other moneys , of the department, means all moneys of the department other than amounts received for the fund.\n- (a) research about managing invasive animals or invasive plants in the local government’s area;\n- (b) educational or training programs about invasive animals or invasive plants in the local government’s area;\n- (c) the maintenance by an invasive animal board of any part of the barrier fence included in, or that benefits, the local government’s area;\n- (d) taking action under a biosecurity program for invasive animals or invasive plants in the local government’s area. Example for paragraph (d) — aerial spraying of plagues of locusts under a prevention and control program\n- (a) amounts made available by the chief executive for the fund;\n- (b) amounts given to the chief executive by another entity for this Act;\n- (c) the proceeds of the sale or hire of any buildings, equipment or machinery acquired by the Minister or chief executive in relation to a matter under this chapter or chapter 4 ;\n- (d) the amount of any costs incurred and recovered by the chief executive in relation to a matter under chapter 4 ;\n- (e) the amount of any payment required by the Minister under section 60 ;\n- (f) other amounts received under this Act and prescribed under a regulation.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Payments from fund","content":"### sec.58 Payments from fund\n\nAmounts are payable from the fund for paying only the following—\nexpenses incurred by the chief executive;\namounts necessary for the operations of an invasive animal board;\nan amount authorised by the chief executive under this Act as payable from the fund;\nother amounts required or permitted by this Act to be paid out of the fund.\n- (a) expenses incurred by the chief executive;\n- (b) amounts necessary for the operations of an invasive animal board;\n- (c) an amount authorised by the chief executive under this Act as payable from the fund;\n- (d) other amounts required or permitted by this Act to be paid out of the fund.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Consultation with local government about activities","content":"### sec.59 Consultation with local government about activities\n\nBefore paying an amount from the fund for services to be provided by the chief executive for activities that help a local government to manage invasive animals and invasive plants, the chief executive must consult with the local government and consider the local government’s views about the suitability and priority of the activities.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Minister may require local government to make annual payment ","content":"### sec.60 Minister may require local government to make annual payment \n\nThe Minister may, by notice, require a local government to pay an amount for a financial year to the chief executive for services provided or to be provided by the chief executive or an invasive animal board for activities that help the local government manage invasive animals and invasive plants in the local government’s area.\nThe amount must not be more than the maximum amount prescribed under a regulation for the local government.\nIn recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive or an invasive animal board in the local government’s area, including, for example—\nany of the following services—\nresearch about prevention and control techniques for invasive animals and invasive plants;\npublic education;\nplanning and mapping services;\ntraining and technical advice for individuals and groups;\nstrategic and preventative control of invasive animals and invasive plants; or\nwhether land in the area may benefit from action taken by the chief executive or an invasive animal board, including, for example, action taken under a biosecurity program, a movement control order or a biosecurity emergency order or action to keep in good order any part of the barrier fence included in, or that benefits, the local government’s area.\nThe notice must state the period in which the amount required under the notice must be paid.\nThe local government must pay the amount to the chief executive in the stated period.\n(sec.60-ssec.1) The Minister may, by notice, require a local government to pay an amount for a financial year to the chief executive for services provided or to be provided by the chief executive or an invasive animal board for activities that help the local government manage invasive animals and invasive plants in the local government’s area.\n(sec.60-ssec.2) The amount must not be more than the maximum amount prescribed under a regulation for the local government.\n(sec.60-ssec.3) In recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive or an invasive animal board in the local government’s area, including, for example— any of the following services— research about prevention and control techniques for invasive animals and invasive plants; public education; planning and mapping services; training and technical advice for individuals and groups; strategic and preventative control of invasive animals and invasive plants; or whether land in the area may benefit from action taken by the chief executive or an invasive animal board, including, for example, action taken under a biosecurity program, a movement control order or a biosecurity emergency order or action to keep in good order any part of the barrier fence included in, or that benefits, the local government’s area.\n(sec.60-ssec.4) The notice must state the period in which the amount required under the notice must be paid.\n(sec.60-ssec.5) The local government must pay the amount to the chief executive in the stated period.\n- (a) any of the following services— (i) research about prevention and control techniques for invasive animals and invasive plants; (ii) public education; (iii) planning and mapping services; (iv) training and technical advice for individuals and groups; (v) strategic and preventative control of invasive animals and invasive plants; or\n- (i) research about prevention and control techniques for invasive animals and invasive plants;\n- (ii) public education;\n- (iii) planning and mapping services;\n- (iv) training and technical advice for individuals and groups;\n- (v) strategic and preventative control of invasive animals and invasive plants; or\n- (b) whether land in the area may benefit from action taken by the chief executive or an invasive animal board, including, for example, action taken under a biosecurity program, a movement control order or a biosecurity emergency order or action to keep in good order any part of the barrier fence included in, or that benefits, the local government’s area.\n- (i) research about prevention and control techniques for invasive animals and invasive plants;\n- (ii) public education;\n- (iii) planning and mapping services;\n- (iv) training and technical advice for individuals and groups;\n- (v) strategic and preventative control of invasive animals and invasive plants; or","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Minister must give local government report about activities","content":"### sec.61 Minister must give local government report about activities\n\nThe Minister must give each local government required under section 60 to pay the chief executive an amount for a financial year a written report for the year on the outcomes of services provided under this Act by the chief executive for activities relevant to the local government’s area.","sortOrder":81},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Invasive animal boards","content":"# Invasive animal boards","sortOrder":82},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":83},{"sectionNumber":"sec.62","sectionType":"section","heading":"What is an invasive animal board and what is its operational area              ","content":"### sec.62 What is an invasive animal board and what is its operational area              \n\nAn invasive animal board is an entity declared under a regulation to be an invasive animal board.\nThe regulation must—\nname the board; and\nstate the invasive animal to be managed by the board; and\nstate the part of the barrier fence for which the board is responsible; and\nstate the number of directors of the board.\nThe regulation may identify the area (the operational area ) in which the invasive animal board will carry out activities to manage the invasive animal.\n(sec.62-ssec.1) An invasive animal board is an entity declared under a regulation to be an invasive animal board.\n(sec.62-ssec.2) The regulation must— name the board; and state the invasive animal to be managed by the board; and state the part of the barrier fence for which the board is responsible; and state the number of directors of the board.\n(sec.62-ssec.3) The regulation may identify the area (the operational area ) in which the invasive animal board will carry out activities to manage the invasive animal.\n- (a) name the board; and\n- (b) state the invasive animal to be managed by the board; and\n- (c) state the part of the barrier fence for which the board is responsible; and\n- (d) state the number of directors of the board.","sortOrder":84},{"sectionNumber":"sec.63","sectionType":"section","heading":"Legal status","content":"### sec.63 Legal status\n\nAn invasive animal board—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\nAn invasive animal board represents the State.\nWithout limiting subsection (2) , an invasive animal board has all the privileges and immunities of the State.\n(sec.63-ssec.1) An invasive animal board— is a body corporate; and has a seal; and may sue and be sued in its corporate name.\n(sec.63-ssec.2) An invasive animal board represents the State.\n(sec.63-ssec.3) Without limiting subsection (2) , an invasive animal board has all the privileges and immunities of the State.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of other Acts","content":"### sec.64 Application of other Acts\n\nAn invasive animal board is a statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an invasive animal board’s powers under this Act are affected by that Act.\n(sec.64-ssec.1) An invasive animal board is a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.64-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which an invasive animal board’s powers under this Act are affected by that Act.\n- (a) the Financial Accountability Act 2009 ; and\n- (b) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Board’s function","content":"### sec.65 Board’s function\n\nAn invasive animal board’s function is to keep the part of the barrier fence for which it is responsible (the fence part ) in good order, and to ensure it is maintained as an effective barrier against, depending on its form of construction in any particular place, the invasive animal the board is to manage.\nWithout limiting subsection (1) , an invasive animal board’s function includes—\nregularly inspecting the fence part; and\nrepairing the fence part; and\nreplacing damaged sections of the fence part that can not be repaired; and\nclearing obstructions from on or near the fence part to ensure the fence’s integrity as a barrier.\nIf an invasive animal board has an operational area for an invasive animal, the board also has the function of managing the animal in the operational area.\n(sec.65-ssec.1) An invasive animal board’s function is to keep the part of the barrier fence for which it is responsible (the fence part ) in good order, and to ensure it is maintained as an effective barrier against, depending on its form of construction in any particular place, the invasive animal the board is to manage.\n(sec.65-ssec.2) Without limiting subsection (1) , an invasive animal board’s function includes— regularly inspecting the fence part; and repairing the fence part; and replacing damaged sections of the fence part that can not be repaired; and clearing obstructions from on or near the fence part to ensure the fence’s integrity as a barrier.\n(sec.65-ssec.3) If an invasive animal board has an operational area for an invasive animal, the board also has the function of managing the animal in the operational area.\n- (a) regularly inspecting the fence part; and\n- (b) repairing the fence part; and\n- (c) replacing damaged sections of the fence part that can not be repaired; and\n- (d) clearing obstructions from on or near the fence part to ensure the fence’s integrity as a barrier.","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Board’s powers","content":"### sec.66 Board’s powers\n\nAn invasive animal board has the powers of an individual and may, for example, do any of the following—\nenter into contracts;\nacquire, hold, deal with and dispose of property;\nappoint and act through agents and attorneys;\ncharge, and fix terms, for goods, services and information it supplies;\nemploy staff and engage consultants;\ndo anything else necessary or convenient to be done in performing its function.\nWithout limiting subsection (1) , an invasive animal board has the powers given to it under this Act.\n(sec.66-ssec.1) An invasive animal board has the powers of an individual and may, for example, do any of the following— enter into contracts; acquire, hold, deal with and dispose of property; appoint and act through agents and attorneys; charge, and fix terms, for goods, services and information it supplies; employ staff and engage consultants; do anything else necessary or convenient to be done in performing its function.\n(sec.66-ssec.2) Without limiting subsection (1) , an invasive animal board has the powers given to it under this Act.\n- (a) enter into contracts;\n- (b) acquire, hold, deal with and dispose of property;\n- (c) appoint and act through agents and attorneys;\n- (d) charge, and fix terms, for goods, services and information it supplies;\n- (e) employ staff and engage consultants;\n- (f) do anything else necessary or convenient to be done in performing its function.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Minister may give direction to board","content":"### sec.67 Minister may give direction to board\n\nThe Minister may give an invasive animal board a written direction about the performance of the board’s function or the exercise of its powers if satisfied it is necessary to give the direction in the public interest.\nThe board must comply with the direction.\nBefore giving the direction, the Minister must consult with the board.\nThe Minister must publish in the gazette a copy of the direction within 21 days after the direction is given.\n(sec.67-ssec.1) The Minister may give an invasive animal board a written direction about the performance of the board’s function or the exercise of its powers if satisfied it is necessary to give the direction in the public interest.\n(sec.67-ssec.2) The board must comply with the direction.\n(sec.67-ssec.3) Before giving the direction, the Minister must consult with the board.\n(sec.67-ssec.4) The Minister must publish in the gazette a copy of the direction within 21 days after the direction is given.","sortOrder":89},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Board directors","content":"## Board directors","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Control of board","content":"### sec.68 Control of board\n\nThe directors of an invasive animal board control the board.","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Role of directors","content":"### sec.69 Role of directors\n\nThe directors of an invasive animal board are responsible for the way the board performs its function and exercises its powers.\nWithout limiting subsection (1) , it is the role of the directors of an invasive animal board to ensure the board performs its function in an appropriate, effective and efficient way.\n(sec.69-ssec.1) The directors of an invasive animal board are responsible for the way the board performs its function and exercises its powers.\n(sec.69-ssec.2) Without limiting subsection (1) , it is the role of the directors of an invasive animal board to ensure the board performs its function in an appropriate, effective and efficient way.","sortOrder":92},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment of directors","content":"### sec.70 Appointment of directors\n\nThe directors of an invasive animal board are to be appointed by the Minister.\nA regulation may prescribe—\nthe number of directors that must be appointed to an invasive animal board to represent a local government whose area includes the board’s part of the barrier fence; and\nthe minimum qualifications a person must have to be appointed as a director.\nA regulation may require a person to have a legal or business qualification to be appointed to a board.\n(sec.70-ssec.1) The directors of an invasive animal board are to be appointed by the Minister.\n(sec.70-ssec.2) A regulation may prescribe— the number of directors that must be appointed to an invasive animal board to represent a local government whose area includes the board’s part of the barrier fence; and the minimum qualifications a person must have to be appointed as a director. A regulation may require a person to have a legal or business qualification to be appointed to a board.\n- (a) the number of directors that must be appointed to an invasive animal board to represent a local government whose area includes the board’s part of the barrier fence; and\n- (b) the minimum qualifications a person must have to be appointed as a director. Example for paragraph (b) — A regulation may require a person to have a legal or business qualification to be appointed to a board.","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Chairperson","content":"### sec.71 Chairperson\n\nThe chairperson of the board of directors is the director chosen as chairperson by the directors.\nIf the chief executive is not notified of a chairperson chosen by the directors within 1 month after the first meeting of the board of directors, the chairperson is the director chosen by the chief executive.\nThe chairperson holds office until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson.\n(sec.71-ssec.1) The chairperson of the board of directors is the director chosen as chairperson by the directors.\n(sec.71-ssec.2) If the chief executive is not notified of a chairperson chosen by the directors within 1 month after the first meeting of the board of directors, the chairperson is the director chosen by the chief executive.\n(sec.71-ssec.3) The chairperson holds office until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Disqualification for directorship","content":"### sec.72 Disqualification for directorship\n\nA person is not qualified to be, or to continue as, a director of an invasive animal board if the person—\nis an insolvent under administration; or\nis, or has been, convicted of—\nan indictable offence, whether on indictment or summarily; or\nan offence against this Act.\ns 72 amd 2023 No. 23 s 247 sch 1 s 2 (3)\n- (a) is an insolvent under administration; or\n- (b) is, or has been, convicted of— (i) an indictable offence, whether on indictment or summarily; or (ii) an offence against this Act.\n- (i) an indictable offence, whether on indictment or summarily; or\n- (ii) an offence against this Act.\n- (i) an indictable offence, whether on indictment or summarily; or\n- (ii) an offence against this Act.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Term of appointment","content":"### sec.73 Term of appointment\n\nSubject to subsections (2) and (3) , a director of an invasive animal board is appointed for the term, of no more than 4 years, stated in the director’s instrument of appointment.\nThe director continues holding office after the director’s term of office ends until the director’s successor is appointed.\nIf a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director’s term of office.\ns 73 amd 2016 No. 28 s 36\n(sec.73-ssec.1) Subject to subsections (2) and (3) , a director of an invasive animal board is appointed for the term, of no more than 4 years, stated in the director’s instrument of appointment.\n(sec.73-ssec.2) The director continues holding office after the director’s term of office ends until the director’s successor is appointed.\n(sec.73-ssec.3) If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director’s term of office.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Termination of appointment","content":"### sec.74 Termination of appointment\n\nThe Minister may remove a person from office as a director of an invasive animal board if—\nthe director ceases to be qualified to be a director or is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or\nthe Minister is satisfied the director—\nis incapable of performing the duties of a director because of physical or mental incapacity; or\nperformed the director’s duties carelessly, incompetently or inefficiently; or\nhas committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.\n- (a) the director ceases to be qualified to be a director or is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or\n- (b) the Minister is satisfied the director— (i) is incapable of performing the duties of a director because of physical or mental incapacity; or (ii) performed the director’s duties carelessly, incompetently or inefficiently; or (iii) has committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.\n- (i) is incapable of performing the duties of a director because of physical or mental incapacity; or\n- (ii) performed the director’s duties carelessly, incompetently or inefficiently; or\n- (iii) has committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.\n- (i) is incapable of performing the duties of a director because of physical or mental incapacity; or\n- (ii) performed the director’s duties carelessly, incompetently or inefficiently; or\n- (iii) has committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Vacation of office","content":"### sec.75 Vacation of office\n\nThe office of a director of an invasive animal board becomes vacant if the director—\nresigns by signed notice of resignation given to the board; or\nis removed from office under this part.\n- (a) resigns by signed notice of resignation given to the board; or\n- (b) is removed from office under this part.","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Disclosure of interests","content":"### sec.76 Disclosure of interests\n\nThis section applies to a director of an invasive animal board if—\nthe director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the director’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the invasive animal board.\nMaximum penalty—20 penalty units.\nThe disclosure must be recorded in the board’s minutes.\nUnless the board otherwise decides, the director must not—\nbe present when the board considers the matter; or\ntake part in a decision of the board on the matter.\nMaximum penalty—20 penalty units.\nThe director must not be present when the board is considering its decision under subsection (4) .\nMaximum penalty—20 penalty units.\nAnother director who also has a direct or indirect financial or personal interest in the matter must not—\nbe present when the board is considering its decision under subsection (4) ; or\ntake part in making the decision.\nMaximum penalty—20 penalty units.\nIn this section—\nfinancial or personal interest , for a person nominated by an entity for appointment as a director, does not include an interest the person has in common with members of the entity represented by the person.\n(sec.76-ssec.1) This section applies to a director of an invasive animal board if— the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.\n(sec.76-ssec.2) As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the invasive animal board. Maximum penalty—20 penalty units.\n(sec.76-ssec.3) The disclosure must be recorded in the board’s minutes.\n(sec.76-ssec.4) Unless the board otherwise decides, the director must not— be present when the board considers the matter; or take part in a decision of the board on the matter. Maximum penalty—20 penalty units.\n(sec.76-ssec.5) The director must not be present when the board is considering its decision under subsection (4) . Maximum penalty—20 penalty units.\n(sec.76-ssec.6) Another director who also has a direct or indirect financial or personal interest in the matter must not— be present when the board is considering its decision under subsection (4) ; or take part in making the decision. Maximum penalty—20 penalty units.\n(sec.76-ssec.7) In this section— financial or personal interest , for a person nominated by an entity for appointment as a director, does not include an interest the person has in common with members of the entity represented by the person.\n- (a) the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.\n- (a) be present when the board considers the matter; or\n- (b) take part in a decision of the board on the matter.\n- (a) be present when the board is considering its decision under subsection (4) ; or\n- (b) take part in making the decision.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"Director to act in board’s interest","content":"### sec.77 Director to act in board’s interest\n\nA director of an invasive animal board must act in the best interests of the board.","sortOrder":100},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Business and meetings","content":"## Business and meetings","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Conduct of business","content":"### sec.78 Conduct of business\n\nSubject to this division, an invasive animal board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Times and places of meetings","content":"### sec.79 Times and places of meetings\n\nAn invasive animal board must hold—\nits first meeting at the time and place decided by the chief executive; and\nat least 1 meeting a year.\nThe chairperson of an invasive animal board—\nmay call a board meeting at any time; and\nmust call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.\n(sec.79-ssec.1) An invasive animal board must hold— its first meeting at the time and place decided by the chief executive; and at least 1 meeting a year.\n(sec.79-ssec.2) The chairperson of an invasive animal board— may call a board meeting at any time; and must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.\n- (a) its first meeting at the time and place decided by the chief executive; and\n- (b) at least 1 meeting a year.\n- (a) may call a board meeting at any time; and\n- (b) must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.","sortOrder":103},{"sectionNumber":"sec.80","sectionType":"section","heading":"Quorum","content":"### sec.80 Quorum\n\nA quorum for an invasive animal board is the number of directors equal to one-half of the number of directors of the board plus 1 or, if the number is not a whole number, the next highest whole number.","sortOrder":104},{"sectionNumber":"sec.81","sectionType":"section","heading":"Presiding at meetings","content":"### sec.81 Presiding at meetings\n\nThe chairperson of an invasive animal board must preside at all meetings at which the chairperson is present.\nIf the chairperson is absent, the director chosen by the directors present must preside.\n(sec.81-ssec.1) The chairperson of an invasive animal board must preside at all meetings at which the chairperson is present.\n(sec.81-ssec.2) If the chairperson is absent, the director chosen by the directors present must preside.","sortOrder":105},{"sectionNumber":"sec.82","sectionType":"section","heading":"Conduct of meetings","content":"### sec.82 Conduct of meetings\n\nA question at an invasive animal board meeting is decided by a majority of the votes of the directors of the board present and voting.\nEach director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.\nA director present at the meeting who abstains from voting is taken to have voted for the negative.\nAn invasive animal board may allow its directors to take part in its meetings by using any technology that reasonably allows directors to hear and take part in discussions as they happen.\nteleconferencing\nA director who takes part in an invasive animal board meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by an invasive animal board, even if it is not passed at a board meeting, if—\na majority of the board’s directors gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\n(sec.82-ssec.1) A question at an invasive animal board meeting is decided by a majority of the votes of the directors of the board present and voting.\n(sec.82-ssec.2) Each director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.\n(sec.82-ssec.3) A director present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.82-ssec.4) An invasive animal board may allow its directors to take part in its meetings by using any technology that reasonably allows directors to hear and take part in discussions as they happen. teleconferencing\n(sec.82-ssec.5) A director who takes part in an invasive animal board meeting under subsection (4) is taken to be present at the meeting.\n(sec.82-ssec.6) A resolution is validly made by an invasive animal board, even if it is not passed at a board meeting, if— a majority of the board’s directors gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) a majority of the board’s directors gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":106},{"sectionNumber":"sec.83","sectionType":"section","heading":"Minutes","content":"### sec.83 Minutes\n\nAn invasive animal board must keep—\nminutes of its proceedings; and\na record of its resolutions.\n- (a) minutes of its proceedings; and\n- (b) a record of its resolutions.","sortOrder":107},{"sectionNumber":"sec.84","sectionType":"section","heading":"Fees and allowances","content":"### sec.84 Fees and allowances\n\nA director of an invasive animal board is entitled to be paid the fees and allowances approved by the Minister.","sortOrder":108},{"sectionNumber":"ch.4-pt.1-div.4","sectionType":"division","heading":"Financial matters","content":"## Financial matters","sortOrder":109},{"sectionNumber":"sec.85","sectionType":"section","heading":"Estimate of board’s operational costs","content":"### sec.85 Estimate of board’s operational costs\n\nAn invasive animal board must, for each financial year, prepare and give to the Minister a written estimate of its operational costs for the year.\nThe estimate must be given to the Minister at least 2 months before the start of the financial year to which the estimate relates.\nThe estimate must be accompanied by a written statement stating—\ndetails, including a works program, for the items to which the costs relate; and\nan amount for each item.\n(sec.85-ssec.1) An invasive animal board must, for each financial year, prepare and give to the Minister a written estimate of its operational costs for the year.\n(sec.85-ssec.2) The estimate must be given to the Minister at least 2 months before the start of the financial year to which the estimate relates.\n(sec.85-ssec.3) The estimate must be accompanied by a written statement stating— details, including a works program, for the items to which the costs relate; and an amount for each item.\n- (a) details, including a works program, for the items to which the costs relate; and\n- (b) an amount for each item.","sortOrder":110},{"sectionNumber":"sec.86","sectionType":"section","heading":"Approval for carrying out board’s operations","content":"### sec.86 Approval for carrying out board’s operations\n\nAn invasive animal board may carry out a works program or do other things involving expenditure by it in a financial year only if the works or other things have been approved by the Minister for the financial year.\nacquisition of land, machinery, equipment or materials\nIn deciding whether to approve the works program or other things, the Minister must have regard to—\nthe board’s function; and\nthe expenditure involved in carrying out the works program or doing the other things.\n(sec.86-ssec.1) An invasive animal board may carry out a works program or do other things involving expenditure by it in a financial year only if the works or other things have been approved by the Minister for the financial year. acquisition of land, machinery, equipment or materials\n(sec.86-ssec.2) In deciding whether to approve the works program or other things, the Minister must have regard to— the board’s function; and the expenditure involved in carrying out the works program or doing the other things.\n- (a) the board’s function; and\n- (b) the expenditure involved in carrying out the works program or doing the other things.","sortOrder":111},{"sectionNumber":"ch.4-pt.1-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Delegation","content":"### sec.87 Delegation\n\nAn invasive animal board may delegate its function or powers to an appropriately qualified person.","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":"Annual report","content":"### sec.88 Annual report\n\nAs soon as practicable after the end of each financial year, an invasive animal board must prepare and give to the Minister a written report about the board’s operation during the year.\nAs soon as practicable after receiving the report, the Minister must table a copy of it in the Legislative Assembly.\n(sec.88-ssec.1) As soon as practicable after the end of each financial year, an invasive animal board must prepare and give to the Minister a written report about the board’s operation during the year.\n(sec.88-ssec.2) As soon as practicable after receiving the report, the Minister must table a copy of it in the Legislative Assembly.","sortOrder":114},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Barrier fences","content":"# Barrier fences","sortOrder":115},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Identification of the barrier fence","content":"## Identification of the barrier fence","sortOrder":116},{"sectionNumber":"sec.89","sectionType":"section","heading":"What is the barrier fence","content":"### sec.89 What is the barrier fence\n\nThe barrier fence is the fence made up of the sections of fencing built along the following lines—\nthe line shown as the ‘wild dog barrier fence’ on the barrier fence map;\nthe lines shown as the ‘wild dog check fence’ on the barrier fence map;\nthe line shown as the ‘rabbit fence’ on the barrier fence map.\nA barrier fence part is a section of fencing of the barrier fence.\n(sec.89-ssec.1) The barrier fence is the fence made up of the sections of fencing built along the following lines— the line shown as the ‘wild dog barrier fence’ on the barrier fence map; the lines shown as the ‘wild dog check fence’ on the barrier fence map; the line shown as the ‘rabbit fence’ on the barrier fence map.\n(sec.89-ssec.2) A barrier fence part is a section of fencing of the barrier fence.\n- (a) the line shown as the ‘wild dog barrier fence’ on the barrier fence map;\n- (b) the lines shown as the ‘wild dog check fence’ on the barrier fence map;\n- (c) the line shown as the ‘rabbit fence’ on the barrier fence map.","sortOrder":117},{"sectionNumber":"sec.90","sectionType":"section","heading":"Who is the building authority for a barrier fence part","content":"### sec.90 Who is the building authority for a barrier fence part\n\nThe building authority for a barrier fence part is—\nif a regulation states an invasive animal board is responsible for a barrier fence part—the board; or\nif a regulation states 1 or more local governments are responsible for a barrier fence part—the local government or local governments jointly; or\notherwise—the chief executive.\n- (a) if a regulation states an invasive animal board is responsible for a barrier fence part—the board; or\n- (b) if a regulation states 1 or more local governments are responsible for a barrier fence part—the local government or local governments jointly; or\n- (c) otherwise—the chief executive.","sortOrder":118},{"sectionNumber":"sec.91","sectionType":"section","heading":"Barrier fence map and amendment of map","content":"### sec.91 Barrier fence map and amendment of map\n\nThe barrier fence is shown on the electronic map called ‘Barrier Fence Map for Queensland’ (the barrier fence map ) held by the department, as amended from time to time under this section.\nThe chief executive may amend the barrier fence map to more accurately show the location of the barrier fence or of any adjustment of the fence.\nBefore amending the barrier fence map under subsection (2) , the chief executive must consult with—\nthe building authority, other than the chief executive, for the barrier fence part affected by the amendment; and\nany owner of land affected by the amendment.\nIf the chief executive decides to amend the barrier fence map, the chief executive must create a new version of the map that includes the amendment and notify the following that the amendment has been made—\nthe invasive animal board for the barrier fence part affected by the amendment;\nthe local government—\nfor the barrier fence part affected by the amendment; or\nfor the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i) ;\nany owner of land affected by the amendment.\nThe chief executive may, without charge, publish the barrier fence map on the department’s website or make the map available for inspection at the department’s head office during business hours.\n(sec.91-ssec.1) The barrier fence is shown on the electronic map called ‘Barrier Fence Map for Queensland’ (the barrier fence map ) held by the department, as amended from time to time under this section.\n(sec.91-ssec.2) The chief executive may amend the barrier fence map to more accurately show the location of the barrier fence or of any adjustment of the fence.\n(sec.91-ssec.3) Before amending the barrier fence map under subsection (2) , the chief executive must consult with— the building authority, other than the chief executive, for the barrier fence part affected by the amendment; and any owner of land affected by the amendment.\n(sec.91-ssec.4) If the chief executive decides to amend the barrier fence map, the chief executive must create a new version of the map that includes the amendment and notify the following that the amendment has been made— the invasive animal board for the barrier fence part affected by the amendment; the local government— for the barrier fence part affected by the amendment; or for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i) ; any owner of land affected by the amendment.\n(sec.91-ssec.5) The chief executive may, without charge, publish the barrier fence map on the department’s website or make the map available for inspection at the department’s head office during business hours.\n- (a) the building authority, other than the chief executive, for the barrier fence part affected by the amendment; and\n- (b) any owner of land affected by the amendment.\n- (a) the invasive animal board for the barrier fence part affected by the amendment;\n- (b) the local government— (i) for the barrier fence part affected by the amendment; or (ii) for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i) ;\n- (i) for the barrier fence part affected by the amendment; or\n- (ii) for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i) ;\n- (c) any owner of land affected by the amendment.\n- (i) for the barrier fence part affected by the amendment; or\n- (ii) for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i) ;","sortOrder":119},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Maintaining barrier fences","content":"## Maintaining barrier fences","sortOrder":120},{"sectionNumber":"sec.92","sectionType":"section","heading":"Building gates and grids in barrier fence","content":"### sec.92 Building gates and grids in barrier fence\n\nThis section applies if a barrier fence part—\nintersects the land of a person; and\nunreasonably hinders movement by a person or by designated animals from a part of the land to another part.\nThe building authority for the barrier fence part must build and pay for a gate or grid in the fence to allow the movement.\n(sec.92-ssec.1) This section applies if a barrier fence part— intersects the land of a person; and unreasonably hinders movement by a person or by designated animals from a part of the land to another part.\n(sec.92-ssec.2) The building authority for the barrier fence part must build and pay for a gate or grid in the fence to allow the movement.\n- (a) intersects the land of a person; and\n- (b) unreasonably hinders movement by a person or by designated animals from a part of the land to another part.","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Maintaining barrier fence","content":"### sec.93 Maintaining barrier fence\n\nFor keeping a barrier fence part in good order, the building authority for the barrier fence part may—\nclear the fence line of vegetation or any other obstruction to a distance of no more than 20m either side of the fence; and\nenter onto a place to clear the fence line under paragraph (a) , or to inspect the fence or repair or otherwise maintain it.\n- (a) clear the fence line of vegetation or any other obstruction to a distance of no more than 20m either side of the fence; and\n- (b) enter onto a place to clear the fence line under paragraph (a) , or to inspect the fence or repair or otherwise maintain it.","sortOrder":122},{"sectionNumber":"sec.94","sectionType":"section","heading":"Power to enter a place","content":"### sec.94 Power to enter a place\n\nThis section applies if the building authority for a barrier fence part needs to enter a place to—\ninspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or\nclear the fence line.\nThe building authority must, before entering the place—\nobtain the occupier’s consent to the entry; or\ngive the occupier notice of—\nthe intended entry; and\nthe purpose of the entry; and\nthe proposed dates and times of entry.\nIf the building authority is satisfied it is impracticable to give the notice under subsection (2) (b) , it is sufficient compliance with the subsection if the building authority—\npublishes the notice in a newspaper circulating generally in the area in which the place is situated; or\nplaces the notice conspicuously on the place.\nNotice under this section must be given at least 7 days before the intended entry.\nHowever, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.\n(sec.94-ssec.1) This section applies if the building authority for a barrier fence part needs to enter a place to— inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or clear the fence line.\n(sec.94-ssec.2) The building authority must, before entering the place— obtain the occupier’s consent to the entry; or give the occupier notice of— the intended entry; and the purpose of the entry; and the proposed dates and times of entry.\n(sec.94-ssec.3) If the building authority is satisfied it is impracticable to give the notice under subsection (2) (b) , it is sufficient compliance with the subsection if the building authority— publishes the notice in a newspaper circulating generally in the area in which the place is situated; or places the notice conspicuously on the place.\n(sec.94-ssec.4) Notice under this section must be given at least 7 days before the intended entry.\n(sec.94-ssec.5) However, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.\n- (a) inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or\n- (b) clear the fence line.\n- (a) obtain the occupier’s consent to the entry; or\n- (b) give the occupier notice of— (i) the intended entry; and (ii) the purpose of the entry; and (iii) the proposed dates and times of entry.\n- (i) the intended entry; and\n- (ii) the purpose of the entry; and\n- (iii) the proposed dates and times of entry.\n- (i) the intended entry; and\n- (ii) the purpose of the entry; and\n- (iii) the proposed dates and times of entry.\n- (a) publishes the notice in a newspaper circulating generally in the area in which the place is situated; or\n- (b) places the notice conspicuously on the place.","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Agreement to make opening in barrier fence","content":"### sec.95 Agreement to make opening in barrier fence\n\nThe building authority for a barrier fence part may enter into an agreement with another person about making an opening in the fence for a particular purpose and period.\nto build a road or lay a gas pipeline through the fence\nto pass through the fence to gain access to land for mineral exploration\nThe agreement must be subject to conditions that, as far as reasonably practicable, ensure the movement of a relevant animal from 1 side of the fence to the other is prevented while the fence is opened.\nIn this section—\nrelevant animal means an animal of the type for whose movement the fence is intended to be a barrier.\n(sec.95-ssec.1) The building authority for a barrier fence part may enter into an agreement with another person about making an opening in the fence for a particular purpose and period. to build a road or lay a gas pipeline through the fence to pass through the fence to gain access to land for mineral exploration\n(sec.95-ssec.2) The agreement must be subject to conditions that, as far as reasonably practicable, ensure the movement of a relevant animal from 1 side of the fence to the other is prevented while the fence is opened.\n(sec.95-ssec.3) In this section— relevant animal means an animal of the type for whose movement the fence is intended to be a barrier.\n- • to build a road or lay a gas pipeline through the fence\n- • to pass through the fence to gain access to land for mineral exploration","sortOrder":124},{"sectionNumber":"sec.96","sectionType":"section","heading":"Directing restoration of barrier fence","content":"### sec.96 Directing restoration of barrier fence\n\nThis section applies if the building authority for a barrier fence part reasonably believes a person has unlawfully damaged, or made an opening in, the fence.\nThe building authority may, by notice given to the person, require the person, by the reasonable date stated in the notice, to restore the fence to the condition it was in before the fence was damaged or opened.\nThe notice must be accompanied by, or include, an information notice about the building authority’s decision to make the requirement.\nIf the person does not comply with the notice, the building authority may—\ncarry out the restoration; and\nrecover from the person the building authority’s reasonable costs of carrying out the restoration.\n(sec.96-ssec.1) This section applies if the building authority for a barrier fence part reasonably believes a person has unlawfully damaged, or made an opening in, the fence.\n(sec.96-ssec.2) The building authority may, by notice given to the person, require the person, by the reasonable date stated in the notice, to restore the fence to the condition it was in before the fence was damaged or opened.\n(sec.96-ssec.3) The notice must be accompanied by, or include, an information notice about the building authority’s decision to make the requirement.\n(sec.96-ssec.4) If the person does not comply with the notice, the building authority may— carry out the restoration; and recover from the person the building authority’s reasonable costs of carrying out the restoration.\n- (a) carry out the restoration; and\n- (b) recover from the person the building authority’s reasonable costs of carrying out the restoration.","sortOrder":125},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Offences about barrier fence","content":"## Offences about barrier fence","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Damaging, or making openings in, barrier fence","content":"### sec.97 Damaging, or making openings in, barrier fence\n\nA person must not, without reasonable excuse—\ndamage a barrier fence part; or\nmake an opening in the barrier fence, other than under an agreement under section 95 .\nMaximum penalty—50 penalty units.\n- (a) damage a barrier fence part; or\n- (b) make an opening in the barrier fence, other than under an agreement under section 95 .","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":"Obstructing inspection or maintenance of barrier fence","content":"### sec.98 Obstructing inspection or maintenance of barrier fence\n\nA person must not, without reasonable excuse, build a structure, excavate land or carry out another activity near a barrier fence part if the structure, excavation or carrying out of the activity is likely to obstruct the inspection or maintenance of the fence.\nMaximum penalty—50 penalty units.","sortOrder":128},{"sectionNumber":"sec.99","sectionType":"section","heading":"Closing gates","content":"### sec.99 Closing gates\n\nA person must close a gate in the barrier fence immediately after using the gate, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":129},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Barrier fence employees","content":"# Barrier fence employees","sortOrder":130},{"sectionNumber":"sec.100","sectionType":"section","heading":"Appointment of barrier fence employees","content":"### sec.100 Appointment of barrier fence employees\n\nThe building authority for a barrier fence part may, by instrument in writing, appoint a person employed or engaged by the authority to exercise powers under this Act in relation to the barrier fence part.\nHowever, the building authority may appoint the person only if it is satisfied the person is appropriately qualified.\nA person appointed under this section is a barrier fence employee .\n(sec.100-ssec.1) The building authority for a barrier fence part may, by instrument in writing, appoint a person employed or engaged by the authority to exercise powers under this Act in relation to the barrier fence part.\n(sec.100-ssec.2) However, the building authority may appoint the person only if it is satisfied the person is appropriately qualified.\n(sec.100-ssec.3) A person appointed under this section is a barrier fence employee .","sortOrder":131},{"sectionNumber":"sec.101","sectionType":"section","heading":"Powers of barrier fence employees generally","content":"### sec.101 Powers of barrier fence employees generally\n\nA barrier fence employee has the powers given in the employee’s instrument of appointment.\nIn exercising the powers, the barrier fence employee is subject to the directions of the building authority that appointed the employee.\nHowever, a barrier fence employee may exercise a power given to the employee in relation to a person only for—\nentry on the person’s land to perform work for the building authority necessary for the proper maintenance of the barrier fence part for which the authority is responsible; and\nproperly maintaining the barrier fence part located on the person’s land; and\ngiving the person a notice to remedy damage, for which the person is responsible, to the barrier fence part.\nChapter 10 , part 5 also applies to barrier fence employees.\n(sec.101-ssec.1) A barrier fence employee has the powers given in the employee’s instrument of appointment.\n(sec.101-ssec.2) In exercising the powers, the barrier fence employee is subject to the directions of the building authority that appointed the employee.\n(sec.101-ssec.3) However, a barrier fence employee may exercise a power given to the employee in relation to a person only for— entry on the person’s land to perform work for the building authority necessary for the proper maintenance of the barrier fence part for which the authority is responsible; and properly maintaining the barrier fence part located on the person’s land; and giving the person a notice to remedy damage, for which the person is responsible, to the barrier fence part. Chapter 10 , part 5 also applies to barrier fence employees.\n- (a) entry on the person’s land to perform work for the building authority necessary for the proper maintenance of the barrier fence part for which the authority is responsible; and\n- (b) properly maintaining the barrier fence part located on the person’s land; and\n- (c) giving the person a notice to remedy damage, for which the person is responsible, to the barrier fence part. Note— Chapter 10 , part 5 also applies to barrier fence employees.","sortOrder":132},{"sectionNumber":"sec.102","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.102 Incidental entry to ask for access\n\nFor the purpose of asking the occupier of a place for consent to enter the place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority may, without the occupier’s consent—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the employee reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the employee reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":133},{"sectionNumber":"sec.103","sectionType":"section","heading":"Matters employee must tell occupier","content":"### sec.103 Matters employee must tell occupier\n\nBefore asking the occupier of a place for consent to enter a place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":134},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Codes of practice","content":"# Codes of practice","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Making codes of practice","content":"### sec.104 Making codes of practice\n\nA regulation may make codes of practice about matters relating to biosecurity.\nWithout limiting subsection (1) , a code of practice may be made about any of the following—\nways of minimising biosecurity risks associated with—\nagricultural activities; or\nanimal husbandry activities; or\nland use practices that may spread invasive animals and invasive plants; or\ndealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or\nmanufacturing processes for animal feed;\nfeed for ruminants\nmanaging invasive animals and invasive plants and their impacts;\nimplementing best practice in maintaining hygiene and standards of cleanliness of plant nurseries and places where designated animals are kept to protect the plants and designated animals from the likelihood of disease and to prevent the spread of disease;\nways to prevent, control and stop the spread of biosecurity matter by a carrier, including—\nprocedures for disinfecting, cleaning and treating carriers; and\nisolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and\nprograms for disease eradication or vaccination; and\nmanagement of cattle ticks; and\nmanagement of a thing that may cause or tend to cause the spread of disease;\nthe carrying out of any process, or the use of particular technologies, in an industry or another activity;\nrequirements for the content and labelling of animal feed, fertilisers and other agricultural inputs.\na bag of seed for sowing that may contain weed seeds\n(sec.104-ssec.1) A regulation may make codes of practice about matters relating to biosecurity.\n(sec.104-ssec.2) Without limiting subsection (1) , a code of practice may be made about any of the following— ways of minimising biosecurity risks associated with— agricultural activities; or animal husbandry activities; or land use practices that may spread invasive animals and invasive plants; or dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or manufacturing processes for animal feed; feed for ruminants managing invasive animals and invasive plants and their impacts; implementing best practice in maintaining hygiene and standards of cleanliness of plant nurseries and places where designated animals are kept to protect the plants and designated animals from the likelihood of disease and to prevent the spread of disease; ways to prevent, control and stop the spread of biosecurity matter by a carrier, including— procedures for disinfecting, cleaning and treating carriers; and isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and programs for disease eradication or vaccination; and management of cattle ticks; and management of a thing that may cause or tend to cause the spread of disease; the carrying out of any process, or the use of particular technologies, in an industry or another activity; requirements for the content and labelling of animal feed, fertilisers and other agricultural inputs. a bag of seed for sowing that may contain weed seeds\n- (a) ways of minimising biosecurity risks associated with— (i) agricultural activities; or (ii) animal husbandry activities; or (iii) land use practices that may spread invasive animals and invasive plants; or (iv) dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or (v) manufacturing processes for animal feed; Example of animal feed— feed for ruminants\n- (i) agricultural activities; or\n- (ii) animal husbandry activities; or\n- (iii) land use practices that may spread invasive animals and invasive plants; or\n- (iv) dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or\n- (v) manufacturing processes for animal feed; Example of animal feed— feed for ruminants\n- (b) managing invasive animals and invasive plants and their impacts;\n- (c) implementing best practice in maintaining hygiene and standards of cleanliness of plant nurseries and places where designated animals are kept to protect the plants and designated animals from the likelihood of disease and to prevent the spread of disease;\n- (d) ways to prevent, control and stop the spread of biosecurity matter by a carrier, including— (i) procedures for disinfecting, cleaning and treating carriers; and (ii) isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and (iii) programs for disease eradication or vaccination; and (iv) management of cattle ticks; and (v) management of a thing that may cause or tend to cause the spread of disease;\n- (i) procedures for disinfecting, cleaning and treating carriers; and\n- (ii) isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and\n- (iii) programs for disease eradication or vaccination; and\n- (iv) management of cattle ticks; and\n- (v) management of a thing that may cause or tend to cause the spread of disease;\n- (e) the carrying out of any process, or the use of particular technologies, in an industry or another activity;\n- (f) requirements for the content and labelling of animal feed, fertilisers and other agricultural inputs. Example of an agricultural input that may require labelling— a bag of seed for sowing that may contain weed seeds\n- (i) agricultural activities; or\n- (ii) animal husbandry activities; or\n- (iii) land use practices that may spread invasive animals and invasive plants; or\n- (iv) dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or\n- (v) manufacturing processes for animal feed; Example of animal feed— feed for ruminants\n- (i) procedures for disinfecting, cleaning and treating carriers; and\n- (ii) isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and\n- (iii) programs for disease eradication or vaccination; and\n- (iv) management of cattle ticks; and\n- (v) management of a thing that may cause or tend to cause the spread of disease;","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Consultation about codes of practice","content":"### sec.105 Consultation about codes of practice\n\nBefore the making of a code of practice under this part is recommended to the Governor in Council, the chief executive must consult with relevant entities.\nSubsection (1) does not apply to the adopted provisions of a code of practice.\nA failure to consult under subsection (1) does not affect the validity of the code of practice.\nIn this section—\nrelevant entities means local governments and other entities the chief executive considers appropriate, including entities from any of the following groups if the chief executive considers the entities to have an interest in matters relating to biosecurity—\ncommunity groups;\nprofessional and industry associations;\neducational institutions;\nnatural resource management bodies.\n(sec.105-ssec.1) Before the making of a code of practice under this part is recommended to the Governor in Council, the chief executive must consult with relevant entities.\n(sec.105-ssec.2) Subsection (1) does not apply to the adopted provisions of a code of practice.\n(sec.105-ssec.3) A failure to consult under subsection (1) does not affect the validity of the code of practice.\n(sec.105-ssec.4) In this section— relevant entities means local governments and other entities the chief executive considers appropriate, including entities from any of the following groups if the chief executive considers the entities to have an interest in matters relating to biosecurity— community groups; professional and industry associations; educational institutions; natural resource management bodies.\n- (a) community groups;\n- (b) professional and industry associations;\n- (c) educational institutions;\n- (d) natural resource management bodies.","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Tabling and inspection of documents adopted in codes of practice             ","content":"### sec.106 Tabling and inspection of documents adopted in codes of practice             \n\nThis section applies if—\na regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions ); and\nthe adopted provisions are not part of, or attached to, the regulation.\nThe Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly.\nIf the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly.\nThe chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\nThe adopted provisions may be made available in written or electronic form.\nA failure to comply with subsection (2) , (3) or (4) does not invalidate or otherwise affect the regulation.\n(sec.106-ssec.1) This section applies if— a regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions ); and the adopted provisions are not part of, or attached to, the regulation.\n(sec.106-ssec.2) The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly.\n(sec.106-ssec.3) If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly.\n(sec.106-ssec.4) The chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at— the department’s head office; and other places the chief executive considers appropriate.\n(sec.106-ssec.5) The adopted provisions may be made available in written or electronic form.\n(sec.106-ssec.6) A failure to comply with subsection (2) , (3) or (4) does not invalidate or otherwise affect the regulation.\n- (a) a regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions ); and\n- (b) the adopted provisions are not part of, or attached to, the regulation.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":138},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Guidelines","content":"# Guidelines","sortOrder":139},{"sectionNumber":"sec.107","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.107 Chief executive may make guidelines\n\nThe chief executive may make guidelines to provide guidance to persons about—\nmatters relating to the administration of this Act; and\nways of discharging the general biosecurity obligation; and\ncomplying with other requirements imposed under this Act.\nWithout limiting subsection (1) , a guideline may be about the following matters—\nthe operation of provisions of this Act about monitoring and enforcement;\nways of complying with requirements imposed under this Act in relation to restricted matter, including, for example, the following—\nsteps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land;\nways to avoid moving fire ants in or on soil;\nways to humanely kill, and appropriately dispose of, noxious fish;\non-farm procedures for keeping and caring for horses;\nraising designated animals on land for the domestic needs of the occupants of the land.\nThe chief executive may make a guideline by adopting another entity’s guideline with or without changes.\nBefore making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it.\nThe chief executive might publish a notice in a newspaper circulating in the area in which interested entities reside seeking submissions about a proposed guideline.\nA failure to allow the entities to give the chief executive written submissions about the proposed guideline does not affect the validity of it.\n(sec.107-ssec.1) The chief executive may make guidelines to provide guidance to persons about— matters relating to the administration of this Act; and ways of discharging the general biosecurity obligation; and complying with other requirements imposed under this Act.\n(sec.107-ssec.2) Without limiting subsection (1) , a guideline may be about the following matters— the operation of provisions of this Act about monitoring and enforcement; ways of complying with requirements imposed under this Act in relation to restricted matter, including, for example, the following— steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land; ways to avoid moving fire ants in or on soil; ways to humanely kill, and appropriately dispose of, noxious fish; on-farm procedures for keeping and caring for horses; raising designated animals on land for the domestic needs of the occupants of the land.\n(sec.107-ssec.3) The chief executive may make a guideline by adopting another entity’s guideline with or without changes.\n(sec.107-ssec.4) Before making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it. The chief executive might publish a notice in a newspaper circulating in the area in which interested entities reside seeking submissions about a proposed guideline.\n(sec.107-ssec.5) A failure to allow the entities to give the chief executive written submissions about the proposed guideline does not affect the validity of it.\n- (a) matters relating to the administration of this Act; and\n- (b) ways of discharging the general biosecurity obligation; and\n- (c) complying with other requirements imposed under this Act.\n- (a) the operation of provisions of this Act about monitoring and enforcement;\n- (b) ways of complying with requirements imposed under this Act in relation to restricted matter, including, for example, the following— (i) steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land; (ii) ways to avoid moving fire ants in or on soil; (iii) ways to humanely kill, and appropriately dispose of, noxious fish;\n- (i) steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land;\n- (ii) ways to avoid moving fire ants in or on soil;\n- (iii) ways to humanely kill, and appropriately dispose of, noxious fish;\n- (c) on-farm procedures for keeping and caring for horses;\n- (d) raising designated animals on land for the domestic needs of the occupants of the land.\n- (i) steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land;\n- (ii) ways to avoid moving fire ants in or on soil;\n- (iii) ways to humanely kill, and appropriately dispose of, noxious fish;","sortOrder":140},{"sectionNumber":"sec.108","sectionType":"section","heading":"Availability of guidelines","content":"### sec.108 Availability of guidelines\n\nThe chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\nAlso, the chief executive must publish each guideline, as in force from time to time, on the department’s website.\n(sec.108-ssec.1) The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at— the department’s head office; and other places the chief executive considers appropriate.\n(sec.108-ssec.2) Also, the chief executive must publish each guideline, as in force from time to time, on the department’s website.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":141},{"sectionNumber":"sec.109","sectionType":"section","heading":"Obligation to have regard to guidelines","content":"### sec.109 Obligation to have regard to guidelines\n\nThe contents of a guideline may be taken into account when considering whether a person has or has not discharged the person’s general biosecurity obligation or otherwise complied with a provision of this Act.\nHowever, it must not be presumed that a person who has failed to follow a guideline has breached the person’s general biosecurity obligation or otherwise failed to comply with a provision of this Act.\n(sec.109-ssec.1) The contents of a guideline may be taken into account when considering whether a person has or has not discharged the person’s general biosecurity obligation or otherwise complied with a provision of this Act.\n(sec.109-ssec.2) However, it must not be presumed that a person who has failed to follow a guideline has breached the person’s general biosecurity obligation or otherwise failed to comply with a provision of this Act.","sortOrder":142},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Biosecurity emergencies","content":"# Biosecurity emergencies","sortOrder":143},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":144},{"sectionNumber":"sec.110","sectionType":"section","heading":"Relationship to other Acts","content":"### sec.110 Relationship to other Acts\n\nNothing in this part prevents a person from declaring a disaster situation or another emergency under another Act ( another declaration ).\nHowever, the existence of another declaration does not prevent the declaration of a biosecurity emergency under this part.\nDisaster Management Act 2003\nPublic Health Act 2005\nPublic Safety Preservation Act 1986\nIn this section—\ndisaster situation means a disaster situation declared under the Disaster Management Act 2003 .\n(sec.110-ssec.1) Nothing in this part prevents a person from declaring a disaster situation or another emergency under another Act ( another declaration ).\n(sec.110-ssec.2) However, the existence of another declaration does not prevent the declaration of a biosecurity emergency under this part. Disaster Management Act 2003 Public Health Act 2005 Public Safety Preservation Act 1986\n(sec.110-ssec.3) In this section— disaster situation means a disaster situation declared under the Disaster Management Act 2003 .\n- • Disaster Management Act 2003\n- • Public Health Act 2005\n- • Public Safety Preservation Act 1986","sortOrder":145},{"sectionNumber":"sec.111","sectionType":"section","heading":"Other Acts not affected","content":"### sec.111 Other Acts not affected\n\nThis part is in addition to, and does not limit—\nthe Disaster Management Act 2003 ; or\nthe Public Health Act 2005 , chapter 8 ; or\nthe Public Safety Preservation Act 1986 , part 3 .\n- (a) the Disaster Management Act 2003 ; or\n- (b) the Public Health Act 2005 , chapter 8 ; or\n- (c) the Public Safety Preservation Act 1986 , part 3 .","sortOrder":146},{"sectionNumber":"sec.112","sectionType":"section","heading":"Powers under this part and powers under other Acts","content":"### sec.112 Powers under this part and powers under other Acts\n\nThe powers under this part are in addition to and do not limit the powers a person has under another provision of this Act or another Act.\nthe chief executive’s power to make a movement control order under part 2\na police officer’s general power of entry under the Police Powers and Responsibilities Act 2000 , section 19\n- • the chief executive’s power to make a movement control order under part 2\n- • a police officer’s general power of entry under the Police Powers and Responsibilities Act 2000 , section 19","sortOrder":147},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Declaring a biosecurity emergency","content":"## Declaring a biosecurity emergency","sortOrder":148},{"sectionNumber":"sec.113","sectionType":"section","heading":"Chief executive may make biosecurity emergency order","content":"### sec.113 Chief executive may make biosecurity emergency order\n\nThe chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order ) for responding to a biosecurity event.\nA biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area.\nA biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza.\nAs soon as practicable after making a biosecurity emergency order, the chief executive must—\npublish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and\ntake all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—\nadvertising in newspapers, on radio and on television;\nelectronically using emails and text messages;\nSMS messaging in the biosecurity emergency area\nautomated telephoning.\nA biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter.\nThe chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary.\nThe chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact.\nThe chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.\nHowever, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer.\nIf it has not been practicable to consult with the Minister or the chief health officer under subsection (5) , the chief executive must consult as soon as practicable after the making of the biosecurity emergency order.\nA biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2) , (5) or (6) .\nTo remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent.\n(sec.113-ssec.1) The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order ) for responding to a biosecurity event. A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area. A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza.\n(sec.113-ssec.2) As soon as practicable after making a biosecurity emergency order, the chief executive must— publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; SMS messaging in the biosecurity emergency area automated telephoning.\n(sec.113-ssec.3) A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter.\n(sec.113-ssec.4) The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary. The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact. The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.\n(sec.113-ssec.5) However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer.\n(sec.113-ssec.6) If it has not been practicable to consult with the Minister or the chief health officer under subsection (5) , the chief executive must consult as soon as practicable after the making of the biosecurity emergency order.\n(sec.113-ssec.7) A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2) , (5) or (6) .\n(sec.113-ssec.8) To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent.\n- 1 A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area.\n- 2 A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza.\n- (a) publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and\n- (b) take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area\n- (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area\n- (iii) automated telephoning.\n- 1 The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact.\n- 2 The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.","sortOrder":149},{"sectionNumber":"sec.114","sectionType":"section","heading":"Matters for inclusion in biosecurity emergency order","content":"### sec.114 Matters for inclusion in biosecurity emergency order\n\nA biosecurity emergency order must include provisions that state—\nthe nature and apparent extent of the biosecurity emergency the subject of the order; and\nthe area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and\nthe duties and obligations imposed on—\noccupiers of any place within the biosecurity emergency area or a part of the area; and\nother persons in or in the vicinity of the biosecurity emergency area or a part of the area; and\nwhen the order expires if it is not sooner revoked; and\nany conditions relating to the conduct of the response to the biosecurity emergency.\nWithout limiting subsection (1) , a biosecurity emergency order may include any of the following—\na requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration;\na prohibition on dealing with biosecurity matter or a carrier;\na prohibition or restriction on the movement of biosecurity matter or of a carrier—\ninto the State; or\ninto or out of the biosecurity emergency area; or\ninto an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or\nout of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or\nwithin the biosecurity emergency area;\nconditions that must be complied with for movement of a type mentioned in paragraph (c) ;\nrequirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made;\nThe biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home.\nactions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter;\nrequirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area—\nto treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or\nto allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or\nto make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order;\na direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order;\nrequirements for notifying an inspector about the presence of particular biosecurity matter;\na direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order;\nan absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier;\na prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order;\nrequirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier;\nmethods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order.\nAlso, a biosecurity emergency order may—\nestablish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and\ninclude objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints.\nWithout limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following—\nan area outlined on a map;\ncoordinates located using global positioning systems;\nreal property descriptions;\nlocal government area boundaries or boundaries of divisions within a local government’s area;\nelectoral boundaries applying for State or Commonwealth elections;\ngeographical features, including, for example, roads and rivers.\ns 114 amd 2024 No. 17 s 88\n(sec.114-ssec.1) A biosecurity emergency order must include provisions that state— the nature and apparent extent of the biosecurity emergency the subject of the order; and the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and the duties and obligations imposed on— occupiers of any place within the biosecurity emergency area or a part of the area; and other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and when the order expires if it is not sooner revoked; and any conditions relating to the conduct of the response to the biosecurity emergency.\n(sec.114-ssec.2) Without limiting subsection (1) , a biosecurity emergency order may include any of the following— a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration; a prohibition on dealing with biosecurity matter or a carrier; a prohibition or restriction on the movement of biosecurity matter or of a carrier— into the State; or into or out of the biosecurity emergency area; or into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or within the biosecurity emergency area; conditions that must be complied with for movement of a type mentioned in paragraph (c) ; requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made; The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home. actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter; requirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area— to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order; requirements for notifying an inspector about the presence of particular biosecurity matter; a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order; an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier; a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order; requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier; methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order.\n(sec.114-ssec.3) Also, a biosecurity emergency order may— establish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints.\n(sec.114-ssec.4) Without limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following— an area outlined on a map; coordinates located using global positioning systems; real property descriptions; local government area boundaries or boundaries of divisions within a local government’s area; electoral boundaries applying for State or Commonwealth elections; geographical features, including, for example, roads and rivers.\n- (a) the nature and apparent extent of the biosecurity emergency the subject of the order; and\n- (b) the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and\n- (c) the duties and obligations imposed on— (i) occupiers of any place within the biosecurity emergency area or a part of the area; and (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and\n- (i) occupiers of any place within the biosecurity emergency area or a part of the area; and\n- (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and\n- (d) when the order expires if it is not sooner revoked; and\n- (e) any conditions relating to the conduct of the response to the biosecurity emergency.\n- (i) occupiers of any place within the biosecurity emergency area or a part of the area; and\n- (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and\n- (a) a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration;\n- (b) a prohibition on dealing with biosecurity matter or a carrier;\n- (c) a prohibition or restriction on the movement of biosecurity matter or of a carrier— (i) into the State; or (ii) into or out of the biosecurity emergency area; or (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or (v) within the biosecurity emergency area;\n- (i) into the State; or\n- (ii) into or out of the biosecurity emergency area; or\n- (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or\n- (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or\n- (v) within the biosecurity emergency area;\n- (d) conditions that must be complied with for movement of a type mentioned in paragraph (c) ;\n- (e) requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made; Example— The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home.\n- (f) actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter;\n- (g) requirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area— (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order;\n- (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or\n- (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or\n- (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order;\n- (h) a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order;\n- (i) requirements for notifying an inspector about the presence of particular biosecurity matter;\n- (j) a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order;\n- (k) an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier;\n- (l) a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order;\n- (m) requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier;\n- (n) methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order.\n- (i) into the State; or\n- (ii) into or out of the biosecurity emergency area; or\n- (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or\n- (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or\n- (v) within the biosecurity emergency area;\n- (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or\n- (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or\n- (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order;\n- (a) establish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and\n- (b) include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints.\n- (a) an area outlined on a map;\n- (b) coordinates located using global positioning systems;\n- (c) real property descriptions;\n- (d) local government area boundaries or boundaries of divisions within a local government’s area;\n- (e) electoral boundaries applying for State or Commonwealth elections;\n- (f) geographical features, including, for example, roads and rivers.","sortOrder":150},{"sectionNumber":"sec.115","sectionType":"section","heading":"Effect and duration of biosecurity emergency order","content":"### sec.115 Effect and duration of biosecurity emergency order\n\nA biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.\nThe chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.\nUnless a biosecurity emergency order is sooner revoked under subsection (2) , the order expires on—\nthe day that is 42 days after the order begins to have effect; or\nan earlier day stated in the order for that purpose.\nWithout limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.\nIf any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force—\nanother provision of this Act or a regulation under this Act;\nA biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) .\nbiosecurity zone regulatory provisions;\na movement control order;\na code of practice.\nA permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order.\nA permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.\ns 115 amd 2015 No. 15 s 45 ; 2016 No. 28 s 37 ; 2024 No. 17 s 89\n(sec.115-ssec.1) A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.\n(sec.115-ssec.2) The chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.\n(sec.115-ssec.3) Unless a biosecurity emergency order is sooner revoked under subsection (2) , the order expires on— the day that is 42 days after the order begins to have effect; or an earlier day stated in the order for that purpose.\n(sec.115-ssec.4) Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.\n(sec.115-ssec.5) If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force— another provision of this Act or a regulation under this Act; A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) . biosecurity zone regulatory provisions; a movement control order; a code of practice.\n(sec.115-ssec.6) A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order. A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.\n- (a) the day that is 42 days after the order begins to have effect; or\n- (b) an earlier day stated in the order for that purpose.\n- (a) another provision of this Act or a regulation under this Act; Example for paragraph (a) — A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) .\n- (b) biosecurity zone regulatory provisions;\n- (c) a movement control order;\n- (d) a code of practice.","sortOrder":151},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Enforcement of biosecurity emergency order","content":"## Enforcement of biosecurity emergency order","sortOrder":152},{"sectionNumber":"sec.116","sectionType":"section","heading":"Compliance with biosecurity emergency order","content":"### sec.116 Compliance with biosecurity emergency order\n\nA person to whom a biosecurity emergency order applies must comply with the order.\nMaximum penalty—2,000 penalty units or 2 years imprisonment.\nA person does not commit an offence against subsection (1) if the person—\ndid not know, and ought not reasonably to have known, of the existence of the order; or\nhas a reasonable excuse for not complying with the order.\n(sec.116-ssec.1) A person to whom a biosecurity emergency order applies must comply with the order. Maximum penalty—2,000 penalty units or 2 years imprisonment.\n(sec.116-ssec.2) A person does not commit an offence against subsection (1) if the person— did not know, and ought not reasonably to have known, of the existence of the order; or has a reasonable excuse for not complying with the order.\n- (a) did not know, and ought not reasonably to have known, of the existence of the order; or\n- (b) has a reasonable excuse for not complying with the order.","sortOrder":153},{"sectionNumber":"sec.117","sectionType":"section","heading":"Power to stop vehicles","content":"### sec.117 Power to stop vehicles\n\nAn inspector who is also a police officer, or an authorised transport officer, may require the person in control of a vehicle to stop the vehicle at a biosecurity emergency checkpoint, having regard to the objective criteria applying for the stopping and checking of vehicles at the checkpoint.\nAn inspector who is also a police officer may require the person in control of a vehicle to stop the vehicle other than at a biosecurity emergency checkpoint if the inspector suspects on reasonable grounds that—\nthe vehicle may be being moved in contravention of a biosecurity emergency order; or\nthe vehicle may be being used to carry biosecurity matter or a carrier in contravention of a biosecurity emergency order.\nA requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.\nA regulation might make provision for the display at a biosecurity emergency checkpoint or other stopping point of signs that can be easily read and understood by the person in control of a vehicle.\nA person must comply with a requirement under subsection (1) or (2) unless the person has a reasonable excuse.\nMaximum penalty—\nfor a failure to stop a vehicle at a biosecurity emergency checkpoint—500 penalty units; or\nfor a failure to stop a vehicle other than at a biosecurity emergency checkpoint—100 penalty units.\nA regulation may impose restrictions on the stopping of vehicles by authorised transport officers.\n(sec.117-ssec.1) An inspector who is also a police officer, or an authorised transport officer, may require the person in control of a vehicle to stop the vehicle at a biosecurity emergency checkpoint, having regard to the objective criteria applying for the stopping and checking of vehicles at the checkpoint.\n(sec.117-ssec.2) An inspector who is also a police officer may require the person in control of a vehicle to stop the vehicle other than at a biosecurity emergency checkpoint if the inspector suspects on reasonable grounds that— the vehicle may be being moved in contravention of a biosecurity emergency order; or the vehicle may be being used to carry biosecurity matter or a carrier in contravention of a biosecurity emergency order.\n(sec.117-ssec.3) A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation. A regulation might make provision for the display at a biosecurity emergency checkpoint or other stopping point of signs that can be easily read and understood by the person in control of a vehicle.\n(sec.117-ssec.4) A person must comply with a requirement under subsection (1) or (2) unless the person has a reasonable excuse. Maximum penalty— for a failure to stop a vehicle at a biosecurity emergency checkpoint—500 penalty units; or for a failure to stop a vehicle other than at a biosecurity emergency checkpoint—100 penalty units.\n(sec.117-ssec.5) A regulation may impose restrictions on the stopping of vehicles by authorised transport officers.\n- (a) the vehicle may be being moved in contravention of a biosecurity emergency order; or\n- (b) the vehicle may be being used to carry biosecurity matter or a carrier in contravention of a biosecurity emergency order.\n- (a) for a failure to stop a vehicle at a biosecurity emergency checkpoint—500 penalty units; or\n- (b) for a failure to stop a vehicle other than at a biosecurity emergency checkpoint—100 penalty units.","sortOrder":154},{"sectionNumber":"sec.118","sectionType":"section","heading":"Inspection of stopped vehicle","content":"### sec.118 Inspection of stopped vehicle\n\nThis section applies to a vehicle that has been stopped under this division by—\nan inspector who is also a police officer; or\nan authorised transport officer.\nAn inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order.\nAlso, the inspector or authorised person acting under the direction of an inspector may—\ntake reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or\ngive a direction to a person to do any of the following—\nstay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person;\ntake biosecurity matter or a carrier to a stated place;\nanswer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order;\nmove, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.\nA person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nUnless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has—\ninspected the vehicle as provided for in subsection (2) ; and\ngiven approval for the vehicle to leave the place where it was stopped.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nAn authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division.\nA police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers.\nFor this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector.\nIn this section—\nnon-emergency power means a power an authorised officer has under this Act other than under this part.\ns 118 amd 2015 No. 15 s 46\n(sec.118-ssec.1) This section applies to a vehicle that has been stopped under this division by— an inspector who is also a police officer; or an authorised transport officer.\n(sec.118-ssec.2) An inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order.\n(sec.118-ssec.3) Also, the inspector or authorised person acting under the direction of an inspector may— take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or give a direction to a person to do any of the following— stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; take biosecurity matter or a carrier to a stated place; answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.\n(sec.118-ssec.4) A person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.118-ssec.5) Unless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has— inspected the vehicle as provided for in subsection (2) ; and given approval for the vehicle to leave the place where it was stopped. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.118-ssec.6) An authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division. A police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers.\n(sec.118-ssec.7) For this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector.\n(sec.118-ssec.8) In this section— non-emergency power means a power an authorised officer has under this Act other than under this part.\n- (a) an inspector who is also a police officer; or\n- (b) an authorised transport officer.\n- (a) take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or\n- (b) give a direction to a person to do any of the following— (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person; (ii) take biosecurity matter or a carrier to a stated place; (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order; (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.\n- (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person;\n- (ii) take biosecurity matter or a carrier to a stated place;\n- (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order;\n- (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.\n- (i) stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person;\n- (ii) take biosecurity matter or a carrier to a stated place;\n- (iii) answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order;\n- (iv) move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.\n- (a) inspected the vehicle as provided for in subsection (2) ; and\n- (b) given approval for the vehicle to leave the place where it was stopped.","sortOrder":155},{"sectionNumber":"sec.119","sectionType":"section","heading":"Additional powers of inspector for place within a biosecurity emergency area","content":"### sec.119 Additional powers of inspector for place within a biosecurity emergency area\n\nWithout limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following—\nenter and re-enter the place with or without consent;\nif the place is private property, inspect any vehicle at the place;\nestablish an area on or over the place to isolate biosecurity matter or a carrier;\ngive a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place;\ndirect a person to move biosecurity matter or a carrier from the place to another place;\ndirect a person at the place to answer questions about the place or anything that has happened at the place;\ndemolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard;\nclean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place;\ndestroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place;\ndirect the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place;\nremove biosecurity matter or a carrier from the place;\nmake, or direct a person at the place to make, equipment at the place inoperable;\ndismantle the equipment or take away a component of the equipment\ndirect the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document;\ntake any other action reasonably necessary for managing the biosecurity emergency.\nSubsection (1) does not authorise the entry of a residence.\nAn inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order.\nSubject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\nA person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nFor this section, a place is private property if it is not a place—\nthat is open to, or used by, the public; or\nthat the public is entitled to use.\nA structure or other property may be demolished, or be directed to be demolished, under subsection (1) (g) only with the written approval of the chief executive.\nThis section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10 , part 1 , division 3 , for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment.\ns 119 amd 2016 No. 27 s 31\n(sec.119-ssec.1) Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following— enter and re-enter the place with or without consent; if the place is private property, inspect any vehicle at the place; establish an area on or over the place to isolate biosecurity matter or a carrier; give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place; direct a person to move biosecurity matter or a carrier from the place to another place; direct a person at the place to answer questions about the place or anything that has happened at the place; demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard; clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place; destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place; direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place; remove biosecurity matter or a carrier from the place; make, or direct a person at the place to make, equipment at the place inoperable; dismantle the equipment or take away a component of the equipment direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document; take any other action reasonably necessary for managing the biosecurity emergency.\n(sec.119-ssec.2) Subsection (1) does not authorise the entry of a residence.\n(sec.119-ssec.3) An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order.\n(sec.119-ssec.4) Subject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.119-ssec.5) A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.119-ssec.6) For this section, a place is private property if it is not a place— that is open to, or used by, the public; or that the public is entitled to use.\n(sec.119-ssec.7) A structure or other property may be demolished, or be directed to be demolished, under subsection (1) (g) only with the written approval of the chief executive.\n(sec.119-ssec.8) This section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10 , part 1 , division 3 , for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment.\n- (a) enter and re-enter the place with or without consent;\n- (b) if the place is private property, inspect any vehicle at the place;\n- (c) establish an area on or over the place to isolate biosecurity matter or a carrier;\n- (d) give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place;\n- (e) direct a person to move biosecurity matter or a carrier from the place to another place;\n- (f) direct a person at the place to answer questions about the place or anything that has happened at the place;\n- (g) demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard;\n- (h) clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place;\n- (i) destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place;\n- (j) direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place;\n- (k) remove biosecurity matter or a carrier from the place;\n- (l) make, or direct a person at the place to make, equipment at the place inoperable; Example— dismantle the equipment or take away a component of the equipment\n- (m) direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document;\n- (n) take any other action reasonably necessary for managing the biosecurity emergency.\n- (a) that is open to, or used by, the public; or\n- (b) that the public is entitled to use.","sortOrder":156},{"sectionNumber":"sec.120","sectionType":"section","heading":"Requirement to answer question or give information","content":"### sec.120 Requirement to answer question or give information\n\nIt is a reasonable excuse for an individual to fail to answer a question or give information or a document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.\nThis section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.\nHowever, it is not a reasonable excuse for an individual to fail to give a required document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.\nThis section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.\nSubsections (4) and (5) apply in relation to any of the following ( primary evidence )—\nany required document for an individual produced or given by an individual to an inspector under this part in response to a direction given by an inspector under this part;\nthe fact of the production or giving as mentioned in paragraph (a) .\nThe following is not admissible in evidence against an individual in any civil or criminal proceeding—\nprimary evidence;\nany document, information or other thing obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\nIn this section—\ninspector includes an authorised person acting under the direction of an inspector.\nrequired document , for an individual, means a document that has been issued to the person, or that the individual is required to keep, under this Act.\n(sec.120-ssec.1) It is a reasonable excuse for an individual to fail to answer a question or give information or a document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty. This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.\n(sec.120-ssec.2) However, it is not a reasonable excuse for an individual to fail to give a required document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty. This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.\n(sec.120-ssec.3) Subsections (4) and (5) apply in relation to any of the following ( primary evidence )— any required document for an individual produced or given by an individual to an inspector under this part in response to a direction given by an inspector under this part; the fact of the production or giving as mentioned in paragraph (a) .\n(sec.120-ssec.4) The following is not admissible in evidence against an individual in any civil or criminal proceeding— primary evidence; any document, information or other thing obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.120-ssec.5) Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\n(sec.120-ssec.6) In this section— inspector includes an authorised person acting under the direction of an inspector. required document , for an individual, means a document that has been issued to the person, or that the individual is required to keep, under this Act.\n- (a) any required document for an individual produced or given by an individual to an inspector under this part in response to a direction given by an inspector under this part;\n- (b) the fact of the production or giving as mentioned in paragraph (a) .\n- (a) primary evidence;\n- (b) any document, information or other thing obtained as a direct or indirect result of primary evidence ( derived evidence ).","sortOrder":157},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Biosecurity emergency order permits","content":"## Biosecurity emergency order permits","sortOrder":158},{"sectionNumber":"sec.121","sectionType":"section","heading":"Biosecurity emergency order permit","content":"### sec.121 Biosecurity emergency order permit\n\nThis section applies to a person who is subject to the operation of a biosecurity emergency order.\nThe person may apply to an inspector for a permit (a biosecurity emergency order permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order.\nThe inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit—\nwill not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and\nwill not otherwise be detrimental to the effectiveness of the biosecurity emergency order.\nA person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order.\nA biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3) .\nA person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit.\nA biosecurity emergency order permit may authorise a person to perform or not to perform—\na stated activity; or\nactivities of a stated description.\nAn inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order—\nchange the conditions of the permit; or\ncancel the permit.\nAn inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.\nThis section does not apply to an inspector who is also a police officer.\n(sec.121-ssec.1) This section applies to a person who is subject to the operation of a biosecurity emergency order.\n(sec.121-ssec.2) The person may apply to an inspector for a permit (a biosecurity emergency order permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order.\n(sec.121-ssec.3) The inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit— will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and will not otherwise be detrimental to the effectiveness of the biosecurity emergency order. A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order.\n(sec.121-ssec.4) A biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3) .\n(sec.121-ssec.5) A person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit.\n(sec.121-ssec.6) A biosecurity emergency order permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description.\n(sec.121-ssec.7) An inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order— change the conditions of the permit; or cancel the permit.\n(sec.121-ssec.8) An inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.\n(sec.121-ssec.9) This section does not apply to an inspector who is also a police officer.\n- (a) will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and\n- (b) will not otherwise be detrimental to the effectiveness of the biosecurity emergency order. Example of circumstance in which a permit might be granted— A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order.\n- (a) a stated activity; or\n- (b) activities of a stated description.\n- (a) change the conditions of the permit; or\n- (b) cancel the permit.","sortOrder":159},{"sectionNumber":"sec.122","sectionType":"section","heading":"Offences relating to biosecurity emergency order permits","content":"### sec.122 Offences relating to biosecurity emergency order permits\n\nA person who holds a biosecurity emergency order permit must comply with the conditions of the permit unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nA person who holds a biosecurity emergency order permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person who holds a biosecurity emergency order permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—\nif the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or\notherwise—within the shortest practicable time after the request is made.\nMaximum penalty—100 penalty units.\n(sec.122-ssec.1) A person who holds a biosecurity emergency order permit must comply with the conditions of the permit unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.122-ssec.2) A person who holds a biosecurity emergency order permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.122-ssec.3) A person who holds a biosecurity emergency order permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection— if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or otherwise—within the shortest practicable time after the request is made. Maximum penalty—100 penalty units.\n- (a) if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or\n- (b) otherwise—within the shortest practicable time after the request is made.","sortOrder":160},{"sectionNumber":"ch.6-pt.1-div.5","sectionType":"division","heading":"Reports about biosecurity emergencies","content":"## Reports about biosecurity emergencies","sortOrder":161},{"sectionNumber":"sec.123","sectionType":"section","heading":"Tabling of report","content":"### sec.123 Tabling of report\n\nThe Minister must table in the Legislative Assembly a report about a biosecurity emergency the subject of a biosecurity emergency order within 6 months after the biosecurity emergency ends.\nThe report about the biosecurity emergency must state the following—\nthe subject matter, nature and extent of the biosecurity emergency;\nwhen and why the biosecurity emergency order was made, when it took effect and when it expired or was revoked;\nthe biosecurity emergency area for the biosecurity emergency order;\nthe duties and obligations, for the movement of biosecurity matter or carriers, imposed on—\noccupiers of any place within the biosecurity emergency area or a part of the area; and\nother persons in or in the vicinity of the biosecurity emergency area or a part of the area;\nany conditions relating to the conduct of the response to the biosecurity emergency;\nany other matter the Minister considers appropriate.\n(sec.123-ssec.1) The Minister must table in the Legislative Assembly a report about a biosecurity emergency the subject of a biosecurity emergency order within 6 months after the biosecurity emergency ends.\n(sec.123-ssec.2) The report about the biosecurity emergency must state the following— the subject matter, nature and extent of the biosecurity emergency; when and why the biosecurity emergency order was made, when it took effect and when it expired or was revoked; the biosecurity emergency area for the biosecurity emergency order; the duties and obligations, for the movement of biosecurity matter or carriers, imposed on— occupiers of any place within the biosecurity emergency area or a part of the area; and other persons in or in the vicinity of the biosecurity emergency area or a part of the area; any conditions relating to the conduct of the response to the biosecurity emergency; any other matter the Minister considers appropriate.\n- (a) the subject matter, nature and extent of the biosecurity emergency;\n- (b) when and why the biosecurity emergency order was made, when it took effect and when it expired or was revoked;\n- (c) the biosecurity emergency area for the biosecurity emergency order;\n- (d) the duties and obligations, for the movement of biosecurity matter or carriers, imposed on— (i) occupiers of any place within the biosecurity emergency area or a part of the area; and (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area;\n- (i) occupiers of any place within the biosecurity emergency area or a part of the area; and\n- (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area;\n- (e) any conditions relating to the conduct of the response to the biosecurity emergency;\n- (f) any other matter the Minister considers appropriate.\n- (i) occupiers of any place within the biosecurity emergency area or a part of the area; and\n- (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area;","sortOrder":162},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Movement control orders","content":"# Movement control orders","sortOrder":163},{"sectionNumber":"sec.124","sectionType":"section","heading":"Chief executive may make movement control order","content":"### sec.124 Chief executive may make movement control order\n\nThe chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order ) for managing, reducing or eradicating stated biosecurity matter ( controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier.\nA movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period.\nA movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period.\nThe chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order.\nA movement control order may exclude stated persons, or persons of a particular class, from its operation.\nA movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter.\nAs soon as practicable after making a movement control order, the chief executive must—\npublish in the gazette a notice of the making of the movement control order, the order’s subject matter generally and the places where a copy of the order may be obtained; and\ntake all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—\nadvertising in newspapers, on radio and on television;\nelectronically using emails or text messages;\nSMS messaging in an area to which the movement control order relates\nautomated telephoning.\nA movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5) .\nA movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order.\nIf a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State.\nUnless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made.\nWithout limiting the chief executive’s power to revoke a movement control order—\nif a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and\na regulation may revoke a movement control order.\nTo remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent.\nIn this section—\nmanage , biosecurity matter, includes—\nprevent its transmission or spread; and\naddress the biosecurity risk posed by it.\nrestrict includes allow on conditions.\n(sec.124-ssec.1) The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order ) for managing, reducing or eradicating stated biosecurity matter ( controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier.\n(sec.124-ssec.2) A movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period. A movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period.\n(sec.124-ssec.3) The chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order.\n(sec.124-ssec.4) A movement control order may exclude stated persons, or persons of a particular class, from its operation. A movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter.\n(sec.124-ssec.5) As soon as practicable after making a movement control order, the chief executive must— publish in the gazette a notice of the making of the movement control order, the order’s subject matter generally and the places where a copy of the order may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails or text messages; SMS messaging in an area to which the movement control order relates automated telephoning.\n(sec.124-ssec.6) A movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5) .\n(sec.124-ssec.7) A movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order. If a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State.\n(sec.124-ssec.8) Unless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made.\n(sec.124-ssec.9) Without limiting the chief executive’s power to revoke a movement control order— if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and a regulation may revoke a movement control order.\n(sec.124-ssec.10) To remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent.\n(sec.124-ssec.11) In this section— manage , biosecurity matter, includes— prevent its transmission or spread; and address the biosecurity risk posed by it. restrict includes allow on conditions.\n- (a) publish in the gazette a notice of the making of the movement control order, the order’s subject matter generally and the places where a copy of the order may be obtained; and\n- (b) take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails or text messages; Example— SMS messaging in an area to which the movement control order relates (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails or text messages; Example— SMS messaging in an area to which the movement control order relates\n- (iii) automated telephoning.\n- (i) advertising in newspapers, on radio and on television;\n- (ii) electronically using emails or text messages; Example— SMS messaging in an area to which the movement control order relates\n- (iii) automated telephoning.\n- (a) if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and\n- (b) a regulation may revoke a movement control order.\n- (a) prevent its transmission or spread; and\n- (b) address the biosecurity risk posed by it.","sortOrder":164},{"sectionNumber":"sec.125","sectionType":"section","heading":"Matters for inclusion in movement control order","content":"### sec.125 Matters for inclusion in movement control order\n\nWithout limiting the matters that may be included in a movement control order, a movement control order must include details of each of the following—\nwhy the movement control order is being made;\nwhat the movement control order is intended to achieve;\nthe areas to which the movement control order relates;\nthe controlled biosecurity matter for the order, and any other biosecurity matter to which the movement control order relates;\nany carrier, including a carrier of a particular type, to which the movement control order relates;\nthe prohibitions and restrictions that must be complied with by persons to whom the order applies.\nWithout limiting the ways in which an area the subject of a movement control order may be identified, the area may be identified by reference to any of the following—\nan area outlined on a map;\ncoordinates located using global positioning systems;\nreal property descriptions;\nlocal government area boundaries or boundaries of divisions within a local government’s area;\nelectoral boundaries applying for State or Commonwealth elections;\ngeographical features, including, for example, roads and rivers.\nWithout limiting how a movement control order may prohibit or restrict the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier, a movement control order may—\nprohibit or restrict the movement of biosecurity matter or a carrier—\ninto or out of the State; or\ninto, out of or within a stated area of the State; or\ninto an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is out of the stated area; or\nout of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is into the stated area; or\nimpose conditions that must be complied with for movement of a type mentioned in paragraph (a) ; or\ngive directions reasonably necessary or desirable to manage, reduce or eradicate controlled biosecurity matter, including directions regulating—\nthe taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or\nwhat a person may or may not do on land within a stated area; or\nimpose requirements on a person (the relevant person )—\nto inspect or test any biosecurity matter or a carrier; or\nto treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or\nto clean or disinfect any place, including any structure or thing at a place; or\nfor any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed—\nby, or under the direction of, an authorised officer; and\nat the expense of the relevant person; or\nto notify an inspector about—\nthe presence of controlled biosecurity matter; or\nif the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or\nto make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.\ns 125 amd 2024 No. 17 s 90\n(sec.125-ssec.1) Without limiting the matters that may be included in a movement control order, a movement control order must include details of each of the following— why the movement control order is being made; what the movement control order is intended to achieve; the areas to which the movement control order relates; the controlled biosecurity matter for the order, and any other biosecurity matter to which the movement control order relates; any carrier, including a carrier of a particular type, to which the movement control order relates; the prohibitions and restrictions that must be complied with by persons to whom the order applies.\n(sec.125-ssec.2) Without limiting the ways in which an area the subject of a movement control order may be identified, the area may be identified by reference to any of the following— an area outlined on a map; coordinates located using global positioning systems; real property descriptions; local government area boundaries or boundaries of divisions within a local government’s area; electoral boundaries applying for State or Commonwealth elections; geographical features, including, for example, roads and rivers.\n(sec.125-ssec.3) Without limiting how a movement control order may prohibit or restrict the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier, a movement control order may— prohibit or restrict the movement of biosecurity matter or a carrier— into or out of the State; or into, out of or within a stated area of the State; or into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is out of the stated area; or out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is into the stated area; or impose conditions that must be complied with for movement of a type mentioned in paragraph (a) ; or give directions reasonably necessary or desirable to manage, reduce or eradicate controlled biosecurity matter, including directions regulating— the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or what a person may or may not do on land within a stated area; or impose requirements on a person (the relevant person )— to inspect or test any biosecurity matter or a carrier; or to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or to clean or disinfect any place, including any structure or thing at a place; or for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed— by, or under the direction of, an authorised officer; and at the expense of the relevant person; or to notify an inspector about— the presence of controlled biosecurity matter; or if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or to make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.\n- (a) why the movement control order is being made;\n- (b) what the movement control order is intended to achieve;\n- (c) the areas to which the movement control order relates;\n- (d) the controlled biosecurity matter for the order, and any other biosecurity matter to which the movement control order relates;\n- (e) any carrier, including a carrier of a particular type, to which the movement control order relates;\n- (f) the prohibitions and restrictions that must be complied with by persons to whom the order applies.\n- (a) an area outlined on a map;\n- (b) coordinates located using global positioning systems;\n- (c) real property descriptions;\n- (d) local government area boundaries or boundaries of divisions within a local government’s area;\n- (e) electoral boundaries applying for State or Commonwealth elections;\n- (f) geographical features, including, for example, roads and rivers.\n- (a) prohibit or restrict the movement of biosecurity matter or a carrier— (i) into or out of the State; or (ii) into, out of or within a stated area of the State; or (iii) into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is out of the stated area; or (iv) out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is into the stated area; or\n- (i) into or out of the State; or\n- (ii) into, out of or within a stated area of the State; or\n- (iii) into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is out of the stated area; or\n- (iv) out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is into the stated area; or\n- (b) impose conditions that must be complied with for movement of a type mentioned in paragraph (a) ; or\n- (c) give directions reasonably necessary or desirable to manage, reduce or eradicate controlled biosecurity matter, including directions regulating— (i) the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or (ii) what a person may or may not do on land within a stated area; or\n- (i) the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or\n- (ii) what a person may or may not do on land within a stated area; or\n- (d) impose requirements on a person (the relevant person )— (i) to inspect or test any biosecurity matter or a carrier; or (ii) to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or (iii) to clean or disinfect any place, including any structure or thing at a place; or (iv) for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed— (A) by, or under the direction of, an authorised officer; and (B) at the expense of the relevant person; or (v) to notify an inspector about— (A) the presence of controlled biosecurity matter; or (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or (vi) to make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.\n- (i) to inspect or test any biosecurity matter or a carrier; or\n- (ii) to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or\n- (iii) to clean or disinfect any place, including any structure or thing at a place; or\n- (iv) for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed— (A) by, or under the direction of, an authorised officer; and (B) at the expense of the relevant person; or\n- (A) by, or under the direction of, an authorised officer; and\n- (B) at the expense of the relevant person; or\n- (v) to notify an inspector about— (A) the presence of controlled biosecurity matter; or (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or\n- (A) the presence of controlled biosecurity matter; or\n- (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or\n- (vi) to make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.\n- (i) into or out of the State; or\n- (ii) into, out of or within a stated area of the State; or\n- (iii) into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is out of the stated area; or\n- (iv) out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii) , whether or not the movement is into the stated area; or\n- (i) the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or\n- (ii) what a person may or may not do on land within a stated area; or\n- (i) to inspect or test any biosecurity matter or a carrier; or\n- (ii) to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or\n- (iii) to clean or disinfect any place, including any structure or thing at a place; or\n- (iv) for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed— (A) by, or under the direction of, an authorised officer; and (B) at the expense of the relevant person; or\n- (A) by, or under the direction of, an authorised officer; and\n- (B) at the expense of the relevant person; or\n- (v) to notify an inspector about— (A) the presence of controlled biosecurity matter; or (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or\n- (A) the presence of controlled biosecurity matter; or\n- (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or\n- (vi) to make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.\n- (A) by, or under the direction of, an authorised officer; and\n- (B) at the expense of the relevant person; or\n- (A) the presence of controlled biosecurity matter; or\n- (B) if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter; or","sortOrder":165},{"sectionNumber":"sec.126","sectionType":"section","heading":"Compliance with movement control order","content":"### sec.126 Compliance with movement control order\n\nA person to whom a movement control order applies must comply with the order.\nMaximum penalty—2,000 penalty units or 1 year’s imprisonment.\nA person who fails to comply with subsection (1) does not commit an offence against the subsection if the person—\ndid not know, and ought not reasonably to have known, of the existence of the order; or\nhas a reasonable excuse for not complying with the order.\nSee also section 132 (6) .\ns 126 amd 2015 No. 15 s 47\n(sec.126-ssec.1) A person to whom a movement control order applies must comply with the order. Maximum penalty—2,000 penalty units or 1 year’s imprisonment.\n(sec.126-ssec.2) A person who fails to comply with subsection (1) does not commit an offence against the subsection if the person— did not know, and ought not reasonably to have known, of the existence of the order; or has a reasonable excuse for not complying with the order. See also section 132 (6) .\n- (a) did not know, and ought not reasonably to have known, of the existence of the order; or\n- (b) has a reasonable excuse for not complying with the order.","sortOrder":166},{"sectionNumber":"sec.127","sectionType":"section","heading":"Effect of movement control order","content":"### sec.127 Effect of movement control order\n\nA permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating biosecurity matter is of no effect, while a movement control order is in force, to the extent it is inconsistent with the movement control order.\nA permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a movement control order while the order is in force.","sortOrder":167},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Additional powers of inspector for place within an area the subject of a movement control order","content":"### sec.127A Additional powers of inspector for place within an area the subject of a movement control order\n\nWithout limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to a place to which a movement control order relates, and to the extent reasonably necessary for managing, reducing or eradicating controlled biosecurity matter, do any of the following—\nenter and re-enter the place—\nwith consent; or\nwithout consent, other than at night;\ngive a direction restricting the movement of controlled biosecurity matter;\ndirect a person to move controlled biosecurity matter to a stated area within the place;\nremove controlled biosecurity matter from the place;\ndirect a person to inspect or test controlled biosecurity matter at the place;\ndirect a person to clean or disinfect the place or any structure or thing at the place;\ndirect a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place;\ntake any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.\nSubsection (1) does not authorise the entry of a residence.\nAn inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the movement control order.\nSubject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\nA person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\ns 127A ins 2024 No. 17 s 91\n(sec.127A-ssec.1) Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to a place to which a movement control order relates, and to the extent reasonably necessary for managing, reducing or eradicating controlled biosecurity matter, do any of the following— enter and re-enter the place— with consent; or without consent, other than at night; give a direction restricting the movement of controlled biosecurity matter; direct a person to move controlled biosecurity matter to a stated area within the place; remove controlled biosecurity matter from the place; direct a person to inspect or test controlled biosecurity matter at the place; direct a person to clean or disinfect the place or any structure or thing at the place; direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place; take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.\n(sec.127A-ssec.2) Subsection (1) does not authorise the entry of a residence.\n(sec.127A-ssec.3) An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the movement control order.\n(sec.127A-ssec.4) Subject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.127A-ssec.5) A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n- (a) enter and re-enter the place— (i) with consent; or (ii) without consent, other than at night;\n- (i) with consent; or\n- (ii) without consent, other than at night;\n- (b) give a direction restricting the movement of controlled biosecurity matter;\n- (c) direct a person to move controlled biosecurity matter to a stated area within the place;\n- (d) remove controlled biosecurity matter from the place;\n- (e) direct a person to inspect or test controlled biosecurity matter at the place;\n- (f) direct a person to clean or disinfect the place or any structure or thing at the place;\n- (g) direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place;\n- (h) take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.\n- (i) with consent; or\n- (ii) without consent, other than at night;","sortOrder":168},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Biosecurity zone regulatory provisions","content":"# Biosecurity zone regulatory provisions","sortOrder":169},{"sectionNumber":"sec.128","sectionType":"section","heading":"Regulation may include provisions for biosecurity zones","content":"### sec.128 Regulation may include provisions for biosecurity zones\n\nA regulation may include provisions ( biosecurity zone regulatory provisions ) that—\nestablish the whole or a part of the State as a biosecurity zone for stated biosecurity matter ( regulated biosecurity matter for the biosecurity zone regulatory provisions) that may have an adverse effect on a biosecurity consideration; and\ninclude arrangements for managing, reducing or eradicating regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.\nBiosecurity zone regulatory provisions might identify a particular variety of plant as regulated biosecurity matter for the provisions and restrict the movement and cultivation of plants of that variety within particular areas of the State to reduce the risk of the introduction and spread of diseases.\nBiosecurity zone regulatory provisions might identify a particular type of tick as regulated biosecurity matter for the provisions and restrict the movement of susceptible animal species between particular areas where the ticks exist and particular areas where the ticks do not exist.\nBiosecurity zone regulatory provisions may be directed at managing, reducing or eradicating regulated biosecurity matter over an extended period of time or indefinitely.\nBiosecurity zone regulatory provisions may exclude stated persons, or persons of a particular class, from their operation.\nBiosecurity zone regulatory provisions might exclude from their operation a person who has entered into a compliance agreement with the chief executive in relation to regulated biosecurity matter.\nBiosecurity zone regulatory provisions might exclude from their operation a person who is undertaking an industry approved quality assurance program for managing regulated biosecurity matter.\nThe chief executive must ensure that biosecurity zone regulatory provisions are published in full on the department’s website as soon as practicable after they are notified.\nA regulation is not invalid only because of a failure of the chief executive to comply with subsection (4) .\nIn this section—\nmanage , biosecurity matter, includes—\nprevent its transmission or spread; and\naddress the biosecurity risk posed by it.\n(sec.128-ssec.1) A regulation may include provisions ( biosecurity zone regulatory provisions ) that— establish the whole or a part of the State as a biosecurity zone for stated biosecurity matter ( regulated biosecurity matter for the biosecurity zone regulatory provisions) that may have an adverse effect on a biosecurity consideration; and include arrangements for managing, reducing or eradicating regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone. Biosecurity zone regulatory provisions might identify a particular variety of plant as regulated biosecurity matter for the provisions and restrict the movement and cultivation of plants of that variety within particular areas of the State to reduce the risk of the introduction and spread of diseases. Biosecurity zone regulatory provisions might identify a particular type of tick as regulated biosecurity matter for the provisions and restrict the movement of susceptible animal species between particular areas where the ticks exist and particular areas where the ticks do not exist.\n(sec.128-ssec.2) Biosecurity zone regulatory provisions may be directed at managing, reducing or eradicating regulated biosecurity matter over an extended period of time or indefinitely.\n(sec.128-ssec.3) Biosecurity zone regulatory provisions may exclude stated persons, or persons of a particular class, from their operation. Biosecurity zone regulatory provisions might exclude from their operation a person who has entered into a compliance agreement with the chief executive in relation to regulated biosecurity matter. Biosecurity zone regulatory provisions might exclude from their operation a person who is undertaking an industry approved quality assurance program for managing regulated biosecurity matter.\n(sec.128-ssec.4) The chief executive must ensure that biosecurity zone regulatory provisions are published in full on the department’s website as soon as practicable after they are notified.\n(sec.128-ssec.5) A regulation is not invalid only because of a failure of the chief executive to comply with subsection (4) .\n(sec.128-ssec.6) In this section— manage , biosecurity matter, includes— prevent its transmission or spread; and address the biosecurity risk posed by it.\n- (a) establish the whole or a part of the State as a biosecurity zone for stated biosecurity matter ( regulated biosecurity matter for the biosecurity zone regulatory provisions) that may have an adverse effect on a biosecurity consideration; and\n- (b) include arrangements for managing, reducing or eradicating regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.\n- 1 Biosecurity zone regulatory provisions might identify a particular variety of plant as regulated biosecurity matter for the provisions and restrict the movement and cultivation of plants of that variety within particular areas of the State to reduce the risk of the introduction and spread of diseases.\n- 2 Biosecurity zone regulatory provisions might identify a particular type of tick as regulated biosecurity matter for the provisions and restrict the movement of susceptible animal species between particular areas where the ticks exist and particular areas where the ticks do not exist.\n- 1 Biosecurity zone regulatory provisions might exclude from their operation a person who has entered into a compliance agreement with the chief executive in relation to regulated biosecurity matter.\n- 2 Biosecurity zone regulatory provisions might exclude from their operation a person who is undertaking an industry approved quality assurance program for managing regulated biosecurity matter.\n- (a) prevent its transmission or spread; and\n- (b) address the biosecurity risk posed by it.","sortOrder":170},{"sectionNumber":"sec.129","sectionType":"section","heading":"Matters for inclusion in biosecurity zone regulatory provisions","content":"### sec.129 Matters for inclusion in biosecurity zone regulatory provisions\n\nWithout limiting what may be included in biosecurity zone regulatory provisions, biosecurity zone regulatory provisions may—\nprohibit or regulate dealing with biosecurity matter, including regulated biosecurity matter, or a carrier; or\nprohibit or regulate the planting of a particular variety of plant\ndirect the eradication, in the way stated, of biosecurity matter, including regulated biosecurity matter, or of a carrier; or\nBiosecurity zone regulatory provisions might direct the eradication of crop residues that may harbour regulated biosecurity matter.\nauthorise the chief executive, by notice signed by the chief executive and published on the department’s website, to provide for either or both of the following—\nthe establishment of particular areas within the biosecurity zone;\nthe application, in relation to areas mentioned in subparagraph (i) , or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or\nprohibit, regulate or require the movement of biosecurity matter, including regulated biosecurity matter, or a carrier, into, out of or within the biosecurity zone; or\nBiosecurity zone regulatory provisions might include a prohibition on bringing designated animals or animal pathogens, of a type identified in the biosecurity zone regulatory provisions, into the biosecurity zone.\nprohibit, regulate or require the application of measures to prevent the introduction, establishment or spread of regulated biosecurity matter or otherwise to control the regulated biosecurity matter; or\nBiosecurity zone regulatory provisions might include a requirement that susceptible animal species be treated for regulated biosecurity matter in the form of ticks before the susceptible animal species are taken out of the biosecurity zone.\nrequire that any biosecurity matter, including regulated biosecurity matter, or a carrier be subjected to inspection or testing; or\nBiosecurity zone regulatory provisions might include a requirement that soil be inspected for the presence or absence of regulated biosecurity matter in the form of fire ants before being brought out of the biosecurity zone.\ninclude notification requirements for regulated biosecurity matter; or\nrequire the keeping and inspection of records about the movement, in the course of the carrying on of business, of biosecurity matter, including regulated biosecurity matter, or of a carrier, into, out of or within the biosecurity zone.\nWithout limiting the ways in which a biosecurity zone or another area may be identified, the zone or area may be identified by reference to any of the following—\nan area outlined on a map;\ncoordinates located using global positioning systems;\nreal property descriptions;\nlocal government area boundaries or boundaries of divisions within a local government’s area;\nelectoral boundaries applying for State or Commonwealth elections;\ngeographical features, including, for example, roads and rivers.\nA notice by the chief executive under subsection (1) (c) can not impose restrictions greater than those otherwise applying under the biosecurity zone regulatory provisions.\n(sec.129-ssec.1) Without limiting what may be included in biosecurity zone regulatory provisions, biosecurity zone regulatory provisions may— prohibit or regulate dealing with biosecurity matter, including regulated biosecurity matter, or a carrier; or prohibit or regulate the planting of a particular variety of plant direct the eradication, in the way stated, of biosecurity matter, including regulated biosecurity matter, or of a carrier; or Biosecurity zone regulatory provisions might direct the eradication of crop residues that may harbour regulated biosecurity matter. authorise the chief executive, by notice signed by the chief executive and published on the department’s website, to provide for either or both of the following— the establishment of particular areas within the biosecurity zone; the application, in relation to areas mentioned in subparagraph (i) , or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or prohibit, regulate or require the movement of biosecurity matter, including regulated biosecurity matter, or a carrier, into, out of or within the biosecurity zone; or Biosecurity zone regulatory provisions might include a prohibition on bringing designated animals or animal pathogens, of a type identified in the biosecurity zone regulatory provisions, into the biosecurity zone. prohibit, regulate or require the application of measures to prevent the introduction, establishment or spread of regulated biosecurity matter or otherwise to control the regulated biosecurity matter; or Biosecurity zone regulatory provisions might include a requirement that susceptible animal species be treated for regulated biosecurity matter in the form of ticks before the susceptible animal species are taken out of the biosecurity zone. require that any biosecurity matter, including regulated biosecurity matter, or a carrier be subjected to inspection or testing; or Biosecurity zone regulatory provisions might include a requirement that soil be inspected for the presence or absence of regulated biosecurity matter in the form of fire ants before being brought out of the biosecurity zone. include notification requirements for regulated biosecurity matter; or require the keeping and inspection of records about the movement, in the course of the carrying on of business, of biosecurity matter, including regulated biosecurity matter, or of a carrier, into, out of or within the biosecurity zone.\n(sec.129-ssec.2) Without limiting the ways in which a biosecurity zone or another area may be identified, the zone or area may be identified by reference to any of the following— an area outlined on a map; coordinates located using global positioning systems; real property descriptions; local government area boundaries or boundaries of divisions within a local government’s area; electoral boundaries applying for State or Commonwealth elections; geographical features, including, for example, roads and rivers.\n(sec.129-ssec.3) A notice by the chief executive under subsection (1) (c) can not impose restrictions greater than those otherwise applying under the biosecurity zone regulatory provisions.\n- (a) prohibit or regulate dealing with biosecurity matter, including regulated biosecurity matter, or a carrier; or Example— prohibit or regulate the planting of a particular variety of plant\n- (b) direct the eradication, in the way stated, of biosecurity matter, including regulated biosecurity matter, or of a carrier; or Example— Biosecurity zone regulatory provisions might direct the eradication of crop residues that may harbour regulated biosecurity matter.\n- (c) authorise the chief executive, by notice signed by the chief executive and published on the department’s website, to provide for either or both of the following— (i) the establishment of particular areas within the biosecurity zone; (ii) the application, in relation to areas mentioned in subparagraph (i) , or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or\n- (i) the establishment of particular areas within the biosecurity zone;\n- (ii) the application, in relation to areas mentioned in subparagraph (i) , or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or\n- (d) prohibit, regulate or require the movement of biosecurity matter, including regulated biosecurity matter, or a carrier, into, out of or within the biosecurity zone; or Example— Biosecurity zone regulatory provisions might include a prohibition on bringing designated animals or animal pathogens, of a type identified in the biosecurity zone regulatory provisions, into the biosecurity zone.\n- (e) prohibit, regulate or require the application of measures to prevent the introduction, establishment or spread of regulated biosecurity matter or otherwise to control the regulated biosecurity matter; or Example— Biosecurity zone regulatory provisions might include a requirement that susceptible animal species be treated for regulated biosecurity matter in the form of ticks before the susceptible animal species are taken out of the biosecurity zone.\n- (f) require that any biosecurity matter, including regulated biosecurity matter, or a carrier be subjected to inspection or testing; or Example— Biosecurity zone regulatory provisions might include a requirement that soil be inspected for the presence or absence of regulated biosecurity matter in the form of fire ants before being brought out of the biosecurity zone.\n- (g) include notification requirements for regulated biosecurity matter; or\n- (h) require the keeping and inspection of records about the movement, in the course of the carrying on of business, of biosecurity matter, including regulated biosecurity matter, or of a carrier, into, out of or within the biosecurity zone.\n- (i) the establishment of particular areas within the biosecurity zone;\n- (ii) the application, in relation to areas mentioned in subparagraph (i) , or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or\n- (a) an area outlined on a map;\n- (b) coordinates located using global positioning systems;\n- (c) real property descriptions;\n- (d) local government area boundaries or boundaries of divisions within a local government’s area;\n- (e) electoral boundaries applying for State or Commonwealth elections;\n- (f) geographical features, including, for example, roads and rivers.","sortOrder":171},{"sectionNumber":"sec.130","sectionType":"section","heading":"Effect of biosecurity zone regulatory provisions","content":"### sec.130 Effect of biosecurity zone regulatory provisions\n\nA permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating regulated biosecurity matter in relation to a biosecurity zone or areas outside a biosecurity zone is of no effect, while biosecurity zone regulatory provisions are in force, to the extent it is inconsistent with the provisions.\nA permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under biosecurity zone regulatory provisions while the provisions are in force.","sortOrder":172},{"sectionNumber":"ch.6-pt.3A","sectionType":"part","heading":"Biosecurity zone maps","content":"# Biosecurity zone maps","sortOrder":173},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Meaning of biosecurity zone map","content":"### sec.130A Meaning of biosecurity zone map\n\nA biosecurity zone map is a map, identifying a biosecurity zone, held by the department and published on its website.\nA biosecurity zone map can generally be reduced or enlarged to show the exact location of the boundaries of a biosecurity zone identified on the map.\nA reference to a particular biosecurity zone map by name is a reference to the biosecurity zone map of that name.\ns 130A ins 2020 No. 3 s 31\n(sec.130A-ssec.1) A biosecurity zone map is a map, identifying a biosecurity zone, held by the department and published on its website. A biosecurity zone map can generally be reduced or enlarged to show the exact location of the boundaries of a biosecurity zone identified on the map.\n(sec.130A-ssec.2) A reference to a particular biosecurity zone map by name is a reference to the biosecurity zone map of that name.","sortOrder":174},{"sectionNumber":"sec.130B","sectionType":"section","heading":"Amendment of particular biosecurity zone maps","content":"### sec.130B Amendment of particular biosecurity zone maps\n\nThis section applies if a biosecurity zone is identified, under biosecurity zone regulatory provisions (the relevant provisions ), by reference to a biosecurity zone map as in force from time to time.\nThe chief executive may amend the biosecurity zone map if the chief executive—\nbecomes aware that the regulated biosecurity matter to which the relevant provisions relate is present or absent in a particular area; or\nis otherwise satisfied there has been a change in the distribution of the regulated biosecurity matter to which the relevant provisions relate.\nThe chief executive may amend the biosecurity zone map as often as the chief executive considers necessary to more accurately show the distribution of the regulated biosecurity matter.\ns 130B ins 2020 No. 3 s 31\n(sec.130B-ssec.1) This section applies if a biosecurity zone is identified, under biosecurity zone regulatory provisions (the relevant provisions ), by reference to a biosecurity zone map as in force from time to time.\n(sec.130B-ssec.2) The chief executive may amend the biosecurity zone map if the chief executive— becomes aware that the regulated biosecurity matter to which the relevant provisions relate is present or absent in a particular area; or is otherwise satisfied there has been a change in the distribution of the regulated biosecurity matter to which the relevant provisions relate.\n(sec.130B-ssec.3) The chief executive may amend the biosecurity zone map as often as the chief executive considers necessary to more accurately show the distribution of the regulated biosecurity matter.\n- (a) becomes aware that the regulated biosecurity matter to which the relevant provisions relate is present or absent in a particular area; or\n- (b) is otherwise satisfied there has been a change in the distribution of the regulated biosecurity matter to which the relevant provisions relate.","sortOrder":175},{"sectionNumber":"sec.130C","sectionType":"section","heading":"Requirements in relation to identification of particular biosecurity zones","content":"### sec.130C Requirements in relation to identification of particular biosecurity zones\n\nThis section applies if—\na biosecurity zone is identified, under biosecurity zone regulatory provisions, by reference to a biosecurity zone map as in force from time to time; and\na new biosecurity zone map changing the area for the biosecurity zone is published on the department’s website.\nThe chief executive must ensure the new biosecurity zone map—\nstates the biosecurity zone to which the map relates; and\nstates the date and time the map was published on the department’s website.\nAs soon as practicable after the new biosecurity zone map is published on the department’s website, the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the change of the area for the biosecurity zone are made aware of the making of the map, including, for example, by some or all of the following—\nadvertising in newspapers, on radio or on television;\nelectronically using emails, text messages or social media.\nSMS messaging in the area for the biosecurity zone\ns 130C ins 2020 No. 3 s 31\n(sec.130C-ssec.1) This section applies if— a biosecurity zone is identified, under biosecurity zone regulatory provisions, by reference to a biosecurity zone map as in force from time to time; and a new biosecurity zone map changing the area for the biosecurity zone is published on the department’s website.\n(sec.130C-ssec.2) The chief executive must ensure the new biosecurity zone map— states the biosecurity zone to which the map relates; and states the date and time the map was published on the department’s website.\n(sec.130C-ssec.3) As soon as practicable after the new biosecurity zone map is published on the department’s website, the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the change of the area for the biosecurity zone are made aware of the making of the map, including, for example, by some or all of the following— advertising in newspapers, on radio or on television; electronically using emails, text messages or social media. SMS messaging in the area for the biosecurity zone\n- (a) a biosecurity zone is identified, under biosecurity zone regulatory provisions, by reference to a biosecurity zone map as in force from time to time; and\n- (b) a new biosecurity zone map changing the area for the biosecurity zone is published on the department’s website.\n- (a) states the biosecurity zone to which the map relates; and\n- (b) states the date and time the map was published on the department’s website.\n- (a) advertising in newspapers, on radio or on television;\n- (b) electronically using emails, text messages or social media. Example— SMS messaging in the area for the biosecurity zone","sortOrder":176},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Biosecurity instrument permits","content":"# Biosecurity instrument permits","sortOrder":177},{"sectionNumber":"sec.131","sectionType":"section","heading":"Definition","content":"### sec.131 Definition\n\nIn this part—\nbiosecurity instrument means a movement control order or biosecurity zone regulatory provisions.","sortOrder":178},{"sectionNumber":"sec.132","sectionType":"section","heading":"Biosecurity instrument permit","content":"### sec.132 Biosecurity instrument permit\n\nThis section applies to a person who is subject to the operation of a biosecurity instrument.\nThe person may apply to an inspector for a permit (a biosecurity instrument permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument.\nA person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions.\nThe inspector may refuse the application if—\nthe application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and\nbiosecurity zone regulatory provisions—\nregulate the movement of the biosecurity matter or carrier; and\nprovide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and\nthe inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier.\nA person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if—\nbiosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and\nthe inspector is satisfied the person could reasonably obtain a certificate of that type.\nThe inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit—\nwill not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and\nwill not otherwise be detrimental to the effectiveness of the biosecurity instrument.\nA person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order.\nA person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions.\nA biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4) .\nA person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part.\nA biosecurity instrument permit may authorise a person to perform or not to perform—\na stated activity; or\nactivities of a stated description.\nAn inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument—\nchange the conditions of the permit; or\ncancel the permit.\nAn inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.\nA biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order.\ns 132 amd 2015 No. 15 s 48 ; 2016 No. 28 s 38\n(sec.132-ssec.1) This section applies to a person who is subject to the operation of a biosecurity instrument.\n(sec.132-ssec.2) The person may apply to an inspector for a permit (a biosecurity instrument permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument. A person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions.\n(sec.132-ssec.3) The inspector may refuse the application if— the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and biosecurity zone regulatory provisions— regulate the movement of the biosecurity matter or carrier; and provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier. A person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if— biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and the inspector is satisfied the person could reasonably obtain a certificate of that type.\n(sec.132-ssec.4) The inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit— will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and will not otherwise be detrimental to the effectiveness of the biosecurity instrument. A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order. A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions.\n(sec.132-ssec.5) A biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4) .\n(sec.132-ssec.6) A person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part.\n(sec.132-ssec.7) A biosecurity instrument permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description.\n(sec.132-ssec.8) An inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument— change the conditions of the permit; or cancel the permit.\n(sec.132-ssec.9) An inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.\n(sec.132-ssec.10) A biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order.\n- (a) the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and\n- (b) biosecurity zone regulatory provisions— (i) regulate the movement of the biosecurity matter or carrier; and (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and\n- (i) regulate the movement of the biosecurity matter or carrier; and\n- (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and\n- (c) the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier.\n- (i) regulate the movement of the biosecurity matter or carrier; and\n- (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and\n- • biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and\n- • the inspector is satisfied the person could reasonably obtain a certificate of that type.\n- (a) will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and\n- (b) will not otherwise be detrimental to the effectiveness of the biosecurity instrument.\n- 1 A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order.\n- 2 A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions.\n- (a) a stated activity; or\n- (b) activities of a stated description.\n- (a) change the conditions of the permit; or\n- (b) cancel the permit.","sortOrder":179},{"sectionNumber":"sec.133","sectionType":"section","heading":"Offences relating to biosecurity instrument permits","content":"### sec.133 Offences relating to biosecurity instrument permits\n\nA person who holds a biosecurity instrument permit must comply with the conditions of the permit unless the person has a reasonable excuse.\nMaximum penalty—2,000 penalty units or 1 year’s imprisonment.\nA person who holds a biosecurity instrument permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person who holds a biosecurity instrument permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—\nif the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or\notherwise—within the shortest practicable time after the request is made.\nMaximum penalty—100 penalty units.\n(sec.133-ssec.1) A person who holds a biosecurity instrument permit must comply with the conditions of the permit unless the person has a reasonable excuse. Maximum penalty—2,000 penalty units or 1 year’s imprisonment.\n(sec.133-ssec.2) A person who holds a biosecurity instrument permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.133-ssec.3) A person who holds a biosecurity instrument permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection— if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or otherwise—within the shortest practicable time after the request is made. Maximum penalty—100 penalty units.\n- (a) if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or\n- (b) otherwise—within the shortest practicable time after the request is made.","sortOrder":180},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":181},{"sectionNumber":"sec.134","sectionType":"section","heading":"What is a designated animal","content":"### sec.134 What is a designated animal\n\nA designated animal is—\nan animal that is a member of any of the following groups of animals—\ncattle;\nsheep;\ngoats;\npigs;\nbison;\nbuffalo;\ndeer;\nthe family Camelidae ;\nalpacas, Arabian camels, llamas\nthe family Equidae ;\nhorses, ponies, donkeys, mules, zebras\ndesignated birds;\nbees; or\nan animal prescribed under a regulation as a designated animal (a prescribed designated animal ).\ns 134 amd 2016 No. 28 s 39\n- (a) an animal that is a member of any of the following groups of animals— (i) cattle; (ii) sheep; (iii) goats; (iv) pigs; (v) bison; (vi) buffalo; (vii) deer; (viii) the family Camelidae ; Examples of members of the family Camelidae— alpacas, Arabian camels, llamas (ix) the family Equidae ; Examples of members of the family Equidae— horses, ponies, donkeys, mules, zebras (x) designated birds; (xi) bees; or\n- (i) cattle;\n- (ii) sheep;\n- (iii) goats;\n- (iv) pigs;\n- (v) bison;\n- (vi) buffalo;\n- (vii) deer;\n- (viii) the family Camelidae ; Examples of members of the family Camelidae— alpacas, Arabian camels, llamas\n- (ix) the family Equidae ; Examples of members of the family Equidae— horses, ponies, donkeys, mules, zebras\n- (x) designated birds;\n- (xi) bees; or\n- (b) an animal prescribed under a regulation as a designated animal (a prescribed designated animal ).\n- (i) cattle;\n- (ii) sheep;\n- (iii) goats;\n- (iv) pigs;\n- (v) bison;\n- (vi) buffalo;\n- (vii) deer;\n- (viii) the family Camelidae ; Examples of members of the family Camelidae— alpacas, Arabian camels, llamas\n- (ix) the family Equidae ; Examples of members of the family Equidae— horses, ponies, donkeys, mules, zebras\n- (x) designated birds;\n- (xi) bees; or","sortOrder":182},{"sectionNumber":"sec.135","sectionType":"section","heading":"What is a special designated animal","content":"### sec.135 What is a special designated animal\n\nA special designated animal is—\nan animal that is a designated animal because it is a member of any of the following groups of animals—\ncattle;\nsheep;\ngoats;\npigs;\nbison;\nbuffalo;\nalpacas;\nllamas; or\na designated animal prescribed under a regulation as a special designated animal.\n- (a) an animal that is a designated animal because it is a member of any of the following groups of animals— (i) cattle; (ii) sheep; (iii) goats; (iv) pigs; (v) bison; (vi) buffalo; (vii) alpacas; (viii) llamas; or\n- (i) cattle;\n- (ii) sheep;\n- (iii) goats;\n- (iv) pigs;\n- (v) bison;\n- (vi) buffalo;\n- (vii) alpacas;\n- (viii) llamas; or\n- (b) a designated animal prescribed under a regulation as a special designated animal.\n- (i) cattle;\n- (ii) sheep;\n- (iii) goats;\n- (iv) pigs;\n- (v) bison;\n- (vi) buffalo;\n- (vii) alpacas;\n- (viii) llamas; or","sortOrder":183},{"sectionNumber":"sec.135A","sectionType":"section","heading":"What is a designated bird","content":"### sec.135A What is a designated bird\n\nA designated bird is a captive bird that—\nis kept for human consumption or to produce eggs for human consumption; or\nhas been released for free flight since it started to be kept in captivity.\na pigeon ( Columba livia ) used for racing\ns 135A ins 2016 No. 28 s 40\n- (a) is kept for human consumption or to produce eggs for human consumption; or\n- (b) has been released for free flight since it started to be kept in captivity. Example— a pigeon ( Columba livia ) used for racing","sortOrder":184},{"sectionNumber":"sec.136","sectionType":"section","heading":"What is designated biosecurity matter","content":"### sec.136 What is designated biosecurity matter\n\nDesignated biosecurity matter is biosecurity matter prescribed under a regulation as designated biosecurity matter.\nBiosecurity matter that is any of the following can not be prescribed under subsection (1) as designated biosecurity matter—\na designated animal;\na pathogenic agent that can cause disease;\na disease;\na contaminant.\n(sec.136-ssec.1) Designated biosecurity matter is biosecurity matter prescribed under a regulation as designated biosecurity matter.\n(sec.136-ssec.2) Biosecurity matter that is any of the following can not be prescribed under subsection (1) as designated biosecurity matter— a designated animal; a pathogenic agent that can cause disease; a disease; a contaminant.\n- (a) a designated animal;\n- (b) a pathogenic agent that can cause disease;\n- (c) a disease;\n- (d) a contaminant.","sortOrder":185},{"sectionNumber":"sec.137","sectionType":"section","heading":"What is the threshold number of designated animals","content":"### sec.137 What is the threshold number of designated animals\n\nThe threshold number , of designated animals, is—\nfor designated animals other than prescribed designated animals—\nfor designated animals other than bees or designated birds—1; or\nfor bees—1 bee hive; or\nfor designated birds—100; or\nfor prescribed designated animals—\nthe threshold number prescribed under a regulation; or\nif no number is prescribed—1.\ns 137 amd 2016 No. 28 s 41\n- (a) for designated animals other than prescribed designated animals— (i) for designated animals other than bees or designated birds—1; or (ii) for bees—1 bee hive; or (iii) for designated birds—100; or\n- (i) for designated animals other than bees or designated birds—1; or\n- (ii) for bees—1 bee hive; or\n- (iii) for designated birds—100; or\n- (b) for prescribed designated animals— (i) the threshold number prescribed under a regulation; or (ii) if no number is prescribed—1.\n- (i) the threshold number prescribed under a regulation; or\n- (ii) if no number is prescribed—1.\n- (i) for designated animals other than bees or designated birds—1; or\n- (ii) for bees—1 bee hive; or\n- (iii) for designated birds—100; or\n- (i) the threshold number prescribed under a regulation; or\n- (ii) if no number is prescribed—1.","sortOrder":186},{"sectionNumber":"sec.138","sectionType":"section","heading":"What is the threshold amount of designated biosecurity matter","content":"### sec.138 What is the threshold amount of designated biosecurity matter\n\nThe threshold amount , of designated biosecurity matter, is the amount prescribed under a regulation as the threshold amount for the designated biosecurity matter.","sortOrder":187},{"sectionNumber":"sec.139","sectionType":"section","heading":"Who keeps a designated animal","content":"### sec.139 Who keeps a designated animal\n\nA person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.\nHowever, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1) , the person who at law has title to the animal is the person who keeps the animal.\nEach of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2) , keeps a designated animal, could also be a keeper of the animal.\nA person (the relevant person ) keeps a designated animal (other than a bee) if—\nthe animal is located at a holding facility; and\nthe relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.\nA person (also the relevant person ) keeps a designated animal (other than a bee) if—\nthe animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and\nthe relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.\n(sec.139-ssec.1) A person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.\n(sec.139-ssec.2) However, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1) , the person who at law has title to the animal is the person who keeps the animal.\n(sec.139-ssec.3) Each of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2) , keeps a designated animal, could also be a keeper of the animal.\n(sec.139-ssec.4) A person (the relevant person ) keeps a designated animal (other than a bee) if— the animal is located at a holding facility; and the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.\n(sec.139-ssec.5) A person (also the relevant person ) keeps a designated animal (other than a bee) if— the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.\n- (a) the animal is located at a holding facility; and\n- (b) the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.\n- (a) the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and\n- (b) the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.","sortOrder":188},{"sectionNumber":"sec.140","sectionType":"section","heading":"Who holds designated biosecurity matter","content":"### sec.140 Who holds designated biosecurity matter\n\nA person holds designated biosecurity matter if the person is effectively in day-to-day control of the biosecurity matter, whether or not that control is exercised personally or through an agent or employee.\nHowever, if at any time it is not reasonably practicable to identify who is the holder of designated biosecurity matter under subsection (1) , the person who at law has title to the biosecurity matter is the person who holds the biosecurity matter.\n(sec.140-ssec.1) A person holds designated biosecurity matter if the person is effectively in day-to-day control of the biosecurity matter, whether or not that control is exercised personally or through an agent or employee.\n(sec.140-ssec.2) However, if at any time it is not reasonably practicable to identify who is the holder of designated biosecurity matter under subsection (1) , the person who at law has title to the biosecurity matter is the person who holds the biosecurity matter.","sortOrder":189},{"sectionNumber":"sec.141","sectionType":"section","heading":"What is a registrable biosecurity entity","content":"### sec.141 What is a registrable biosecurity entity\n\nA person is a registrable biosecurity entity if the person—\nkeeps the threshold number or more of designated animals; or\nholds the threshold amount or more of designated biosecurity matter.\nFor subsection (1) , it does not matter whether the keeping or holding happens at 1 place or 2 or more places in the State.\nHowever, for identifying a registrable biosecurity entity, 2 or more persons could, taken together, be a registrable biosecurity entity even though 1 of those persons, acting separately, could be a separate registrable biosecurity entity.\nPersons A and B, acting in partnership, keep pigs. A and B together are a registrable biosecurity entity for the keeping of those pigs. Additionally, person A, acting alone and outside of the partnership, keeps other pigs. Person A is a separate registrable biosecurity entity for the keeping of the other pigs.\n(sec.141-ssec.1) A person is a registrable biosecurity entity if the person— keeps the threshold number or more of designated animals; or holds the threshold amount or more of designated biosecurity matter.\n(sec.141-ssec.2) For subsection (1) , it does not matter whether the keeping or holding happens at 1 place or 2 or more places in the State.\n(sec.141-ssec.3) However, for identifying a registrable biosecurity entity, 2 or more persons could, taken together, be a registrable biosecurity entity even though 1 of those persons, acting separately, could be a separate registrable biosecurity entity. Persons A and B, acting in partnership, keep pigs. A and B together are a registrable biosecurity entity for the keeping of those pigs. Additionally, person A, acting alone and outside of the partnership, keeps other pigs. Person A is a separate registrable biosecurity entity for the keeping of the other pigs.\n- (a) keeps the threshold number or more of designated animals; or\n- (b) holds the threshold amount or more of designated biosecurity matter.","sortOrder":190},{"sectionNumber":"sec.142","sectionType":"section","heading":"What is a biosecurity circumstance","content":"### sec.142 What is a biosecurity circumstance\n\nA biosecurity circumstance is—\nthe keeping of designated animals; or\nthe holding of designated biosecurity matter.\n- (a) the keeping of designated animals; or\n- (b) the holding of designated biosecurity matter.","sortOrder":191},{"sectionNumber":"sec.143","sectionType":"section","heading":"Who is the occupier of a place","content":"### sec.143 Who is the occupier of a place\n\nThe occupier of a place is the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee.\nHowever, if at any time it is not reasonably practicable to decide who is the occupier of a place under subsection (1) , the person who is the owner of the place is also the occupier of the place.\n(sec.143-ssec.1) The occupier of a place is the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee.\n(sec.143-ssec.2) However, if at any time it is not reasonably practicable to decide who is the occupier of a place under subsection (1) , the person who is the owner of the place is also the occupier of the place.","sortOrder":192},{"sectionNumber":"sec.144","sectionType":"section","heading":"Who is the NLIS administrator","content":"### sec.144 Who is the NLIS administrator\n\nThe NLIS administrator is the entity approved by the chief executive, by gazette notice, as the administrator of the database for the NLIS.","sortOrder":193},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Registration and related requirements","content":"# Registration and related requirements","sortOrder":194},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Registration of registrable biosecurity entities","content":"## Registration of registrable biosecurity entities","sortOrder":195},{"sectionNumber":"sec.145","sectionType":"section","heading":"Registrable biosecurity entity must apply for registration","content":"### sec.145 Registrable biosecurity entity must apply for registration\n\nA registrable biosecurity entity must, in compliance with this part, and unless the person has a reasonable excuse, apply for registration under this part unless the chief executive has given a registration exemption for the entity.\nMaximum penalty—100 penalty units.\nThe obligation under subsection (1) to apply for registration commences immediately after a person becomes a registrable biosecurity entity, and must be complied with within 14 days after the obligation commences or within any longer period approved by the chief executive under this section.\nIf a person is a registrable biosecurity entity because of each of 2 or more biosecurity circumstances, the person must apply for registration for each of the circumstances.\nA corporation keeps 30 cattle and 20 pigs and holds more than the threshold amount of designated biosecurity matter, therefore providing 3 biosecurity circumstances because of which the corporation is a registrable biosecurity entity. The corporation must apply for registration under this part for each of the 3 circumstances.\nHowever, the entity may combine the applications in the 1 application document.\nAn entity may apply to the chief executive to approve a longer period for applying for registration.\nAn application under subsection (5) must be made in the approved form.\nThe chief executive may decide the application by—\napproving the longer period applied for; or\napproving a period less than that applied for; or\napproving a longer period on conditions; or\nrefusing to approve a longer period.\nIf the chief executive acts under subsection (7) (b) , (c) or (d) , the chief executive must give the entity an information notice for the decision on the application.\ns 145 amd 2024 No. 17 s 92\n(sec.145-ssec.1) A registrable biosecurity entity must, in compliance with this part, and unless the person has a reasonable excuse, apply for registration under this part unless the chief executive has given a registration exemption for the entity. Maximum penalty—100 penalty units.\n(sec.145-ssec.2) The obligation under subsection (1) to apply for registration commences immediately after a person becomes a registrable biosecurity entity, and must be complied with within 14 days after the obligation commences or within any longer period approved by the chief executive under this section.\n(sec.145-ssec.3) If a person is a registrable biosecurity entity because of each of 2 or more biosecurity circumstances, the person must apply for registration for each of the circumstances. A corporation keeps 30 cattle and 20 pigs and holds more than the threshold amount of designated biosecurity matter, therefore providing 3 biosecurity circumstances because of which the corporation is a registrable biosecurity entity. The corporation must apply for registration under this part for each of the 3 circumstances.\n(sec.145-ssec.4) However, the entity may combine the applications in the 1 application document.\n(sec.145-ssec.5) An entity may apply to the chief executive to approve a longer period for applying for registration.\n(sec.145-ssec.6) An application under subsection (5) must be made in the approved form.\n(sec.145-ssec.7) The chief executive may decide the application by— approving the longer period applied for; or approving a period less than that applied for; or approving a longer period on conditions; or refusing to approve a longer period.\n(sec.145-ssec.8) If the chief executive acts under subsection (7) (b) , (c) or (d) , the chief executive must give the entity an information notice for the decision on the application.\n- (a) approving the longer period applied for; or\n- (b) approving a period less than that applied for; or\n- (c) approving a longer period on conditions; or\n- (d) refusing to approve a longer period.","sortOrder":196},{"sectionNumber":"sec.146","sectionType":"section","heading":"Approval for registrable biosecurity entity to remain unregistered","content":"### sec.146 Approval for registrable biosecurity entity to remain unregistered\n\nA registrable biosecurity entity may apply to the chief executive for exemption (a registration exemption for the entity) from the requirement that the entity apply for registration under this part.\nThe application must be in the approved form.\nThe approval may be given only if the chief executive is satisfied that no biosecurity circumstance applying to the entity poses a biosecurity risk.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision to refuse the application.\n(sec.146-ssec.1) A registrable biosecurity entity may apply to the chief executive for exemption (a registration exemption for the entity) from the requirement that the entity apply for registration under this part.\n(sec.146-ssec.2) The application must be in the approved form.\n(sec.146-ssec.3) The approval may be given only if the chief executive is satisfied that no biosecurity circumstance applying to the entity poses a biosecurity risk.\n(sec.146-ssec.4) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision to refuse the application.","sortOrder":197},{"sectionNumber":"sec.147","sectionType":"section","heading":"Application for registration before becoming a registrable biosecurity entity","content":"### sec.147 Application for registration before becoming a registrable biosecurity entity\n\nA person who is not a registrable biosecurity entity for a biosecurity circumstance, but reasonably expects to become a registrable biosecurity entity for the circumstance, may apply for registration under this part as if the person were a registrable biosecurity entity for the circumstance.\nSubsection (3) applies if, on a day (the relevant day )—\na person expects, or ought reasonably to expect, that the person will, for an event period, be a registrable biosecurity entity for a biosecurity circumstance; and\nthe person is not a registered biosecurity entity for the biosecurity circumstance for the event period.\nThe person must, as required under subsection (4) and unless the person has a reasonable excuse, apply for registration under this part for the biosecurity circumstance as if the person were a registrable biosecurity entity for the circumstance.\nMaximum penalty—100 penalty units.\nA person operates a place as a cattle saleyard on an occasional basis, but the person does not hold a current registration under this part for the keeping of cattle at the saleyard. However, the person is planning to hold a sale at the saleyard for 2 days, starting in 30 days. The person is about to advertise the sale and fully expects the sale to proceed as planned.\nThe application must be made as soon as reasonably practicable but, unless it is not reasonably practicable, must be made before the commencement of the event period.\nIn this section—\nevent period means a period, of not more than 14 days—\nstarting after the relevant day; and\nending before the end of the 90 days immediately following the relevant day.\n(sec.147-ssec.1) A person who is not a registrable biosecurity entity for a biosecurity circumstance, but reasonably expects to become a registrable biosecurity entity for the circumstance, may apply for registration under this part as if the person were a registrable biosecurity entity for the circumstance.\n(sec.147-ssec.2) Subsection (3) applies if, on a day (the relevant day )— a person expects, or ought reasonably to expect, that the person will, for an event period, be a registrable biosecurity entity for a biosecurity circumstance; and the person is not a registered biosecurity entity for the biosecurity circumstance for the event period.\n(sec.147-ssec.3) The person must, as required under subsection (4) and unless the person has a reasonable excuse, apply for registration under this part for the biosecurity circumstance as if the person were a registrable biosecurity entity for the circumstance. Maximum penalty—100 penalty units. A person operates a place as a cattle saleyard on an occasional basis, but the person does not hold a current registration under this part for the keeping of cattle at the saleyard. However, the person is planning to hold a sale at the saleyard for 2 days, starting in 30 days. The person is about to advertise the sale and fully expects the sale to proceed as planned.\n(sec.147-ssec.4) The application must be made as soon as reasonably practicable but, unless it is not reasonably practicable, must be made before the commencement of the event period.\n(sec.147-ssec.5) In this section— event period means a period, of not more than 14 days— starting after the relevant day; and ending before the end of the 90 days immediately following the relevant day.\n- (a) a person expects, or ought reasonably to expect, that the person will, for an event period, be a registrable biosecurity entity for a biosecurity circumstance; and\n- (b) the person is not a registered biosecurity entity for the biosecurity circumstance for the event period.\n- (a) starting after the relevant day; and\n- (b) ending before the end of the 90 days immediately following the relevant day.","sortOrder":198},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application requirements for registration of registrable biosecurity entity","content":"### sec.148 Application requirements for registration of registrable biosecurity entity\n\nAn application for the registration of a registrable biosecurity entity must—\nbe in the approved form; and\nbe made to the chief executive by the entity; and\nstate all of the following details (the designated details for the entity)—\nto the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place ) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen;\nthe name, address and contact details of the entity;\nif the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place;\nwhether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place;\nthe approximate numbers of each type of designated animal;\nto the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and\ninclude any information of which the applicant is aware that could help the chief executive decide whether—\na place the subject of the application should be declared as a restricted place; or\ndesignated animals at a place the subject of the application should be declared as restricted animals; or\ndesignated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and\nbe accompanied by the fee prescribed under a regulation; and\nbe accompanied by evidence the chief executive reasonably requires that the person identified in the application as the registrable biosecurity entity is the appropriate person to make the application.\nTo the extent the application relates to the keeping of bees, subsection (1) (c) does not apply and the designated details for the registrable biosecurity entity are—\na statement that the application relates to the keeping of bees; and\nthe name, address and contact details of the entity.\ns 148 amd 2016 No. 28 s 42\n(sec.148-ssec.1) An application for the registration of a registrable biosecurity entity must— be in the approved form; and be made to the chief executive by the entity; and state all of the following details (the designated details for the entity)— to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place ) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen; the name, address and contact details of the entity; if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place; whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place; the approximate numbers of each type of designated animal; to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and include any information of which the applicant is aware that could help the chief executive decide whether— a place the subject of the application should be declared as a restricted place; or designated animals at a place the subject of the application should be declared as restricted animals; or designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and be accompanied by the fee prescribed under a regulation; and be accompanied by evidence the chief executive reasonably requires that the person identified in the application as the registrable biosecurity entity is the appropriate person to make the application.\n(sec.148-ssec.2) To the extent the application relates to the keeping of bees, subsection (1) (c) does not apply and the designated details for the registrable biosecurity entity are— a statement that the application relates to the keeping of bees; and the name, address and contact details of the entity.\n- (a) be in the approved form; and\n- (b) be made to the chief executive by the entity; and\n- (c) state all of the following details (the designated details for the entity)— (i) to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place ) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen; (ii) the name, address and contact details of the entity; (iii) if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place; (iv) whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place; (v) the approximate numbers of each type of designated animal; (vi) to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and\n- (i) to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place ) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen;\n- (ii) the name, address and contact details of the entity;\n- (iii) if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place;\n- (iv) whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place;\n- (v) the approximate numbers of each type of designated animal;\n- (vi) to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and\n- (d) include any information of which the applicant is aware that could help the chief executive decide whether— (i) a place the subject of the application should be declared as a restricted place; or (ii) designated animals at a place the subject of the application should be declared as restricted animals; or (iii) designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and\n- (i) a place the subject of the application should be declared as a restricted place; or\n- (ii) designated animals at a place the subject of the application should be declared as restricted animals; or\n- (iii) designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and\n- (e) be accompanied by the fee prescribed under a regulation; and\n- (f) be accompanied by evidence the chief executive reasonably requires that the person identified in the application as the registrable biosecurity entity is the appropriate person to make the application.\n- (i) to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place ) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen;\n- (ii) the name, address and contact details of the entity;\n- (iii) if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place;\n- (iv) whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place;\n- (v) the approximate numbers of each type of designated animal;\n- (vi) to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and\n- (i) a place the subject of the application should be declared as a restricted place; or\n- (ii) designated animals at a place the subject of the application should be declared as restricted animals; or\n- (iii) designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and\n- (a) a statement that the application relates to the keeping of bees; and\n- (b) the name, address and contact details of the entity.","sortOrder":199},{"sectionNumber":"sec.149","sectionType":"section","heading":"Registration of biosecurity entity","content":"### sec.149 Registration of biosecurity entity\n\nOn receiving from a person an application for registration, the chief executive must consider the application and, if it complies with the requirements for an application, must as soon as practicable—\nregister the person as a registered biosecurity entity in the biosecurity register; and\nadvise the person of the registration.\ns 149 amd 2016 No. 28 s 43\n- (a) register the person as a registered biosecurity entity in the biosecurity register; and\n- (b) advise the person of the registration.","sortOrder":200},{"sectionNumber":"sec.150","sectionType":"section","heading":"Chief executive may register person without application","content":"### sec.150 Chief executive may register person without application\n\nThis section applies if the chief executive considers a person is, or is likely to become, a registrable biosecurity entity.\nThe chief executive may register the person under this part—\neven though the person has not applied for registration; and\neven if the person can be expected to be a registrable biosecurity entity only on a temporary basis.\nHowever, before registering the person under this part, the chief executive must—\ngive the person a notice stating—\nthat the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and\nthe registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and\na reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and\nconsider any written submission made by the person within the stated period.\nOn registering the person as a registered biosecurity entity in the biosecurity register, the chief executive must—\nadvise the person of the registration; and\ngive the person an information notice for—\nthe chief executive’s decision to register the person without having received an application for registration; and\nthe chief executive’s decision about the registration details.\ns 150 amd 2016 No. 28 s 44\n(sec.150-ssec.1) This section applies if the chief executive considers a person is, or is likely to become, a registrable biosecurity entity.\n(sec.150-ssec.2) The chief executive may register the person under this part— even though the person has not applied for registration; and even if the person can be expected to be a registrable biosecurity entity only on a temporary basis.\n(sec.150-ssec.3) However, before registering the person under this part, the chief executive must— give the person a notice stating— that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and consider any written submission made by the person within the stated period.\n(sec.150-ssec.4) On registering the person as a registered biosecurity entity in the biosecurity register, the chief executive must— advise the person of the registration; and give the person an information notice for— the chief executive’s decision to register the person without having received an application for registration; and the chief executive’s decision about the registration details.\n- (a) even though the person has not applied for registration; and\n- (b) even if the person can be expected to be a registrable biosecurity entity only on a temporary basis.\n- (a) give the person a notice stating— (i) that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and (ii) the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and (iii) a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and\n- (i) that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and\n- (ii) the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and\n- (iii) a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and\n- (b) consider any written submission made by the person within the stated period.\n- (i) that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and\n- (ii) the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and\n- (iii) a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and\n- (a) advise the person of the registration; and\n- (b) give the person an information notice for— (i) the chief executive’s decision to register the person without having received an application for registration; and (ii) the chief executive’s decision about the registration details.\n- (i) the chief executive’s decision to register the person without having received an application for registration; and\n- (ii) the chief executive’s decision about the registration details.\n- (i) the chief executive’s decision to register the person without having received an application for registration; and\n- (ii) the chief executive’s decision about the registration details.","sortOrder":201},{"sectionNumber":"sec.151","sectionType":"section","heading":"Allocation of PICs","content":"### sec.151 Allocation of PICs\n\nThis section applies if the chief executive registers a person as a registered biosecurity entity under this part for the person’s keeping of designated animals other than bees.\nThe chief executive must allocate a property identification code (a PIC ) to any designated place the subject of the registration unless a PIC has already been allocated to the place because of another registration under this part.\nThe chief executive may give a registered biosecurity entity a PIC other than for a designated place, and include the PIC in the biosecurity register, if the chief executive is satisfied it is necessary for the integrity of the NLIS.\nThe chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a PIC and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that any 1 place the details of which are recorded in the register has only 1 PIC that is unique to that place.\nIf the chief executive takes any action under subsection (4) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.\nSubject to other requirements of this chapter relating to PICs, a PIC may take any form the chief executive considers appropriate.\n(sec.151-ssec.1) This section applies if the chief executive registers a person as a registered biosecurity entity under this part for the person’s keeping of designated animals other than bees.\n(sec.151-ssec.2) The chief executive must allocate a property identification code (a PIC ) to any designated place the subject of the registration unless a PIC has already been allocated to the place because of another registration under this part.\n(sec.151-ssec.3) The chief executive may give a registered biosecurity entity a PIC other than for a designated place, and include the PIC in the biosecurity register, if the chief executive is satisfied it is necessary for the integrity of the NLIS.\n(sec.151-ssec.4) The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a PIC and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that any 1 place the details of which are recorded in the register has only 1 PIC that is unique to that place.\n(sec.151-ssec.5) If the chief executive takes any action under subsection (4) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.\n(sec.151-ssec.6) Subject to other requirements of this chapter relating to PICs, a PIC may take any form the chief executive considers appropriate.","sortOrder":202},{"sectionNumber":"sec.152","sectionType":"section","heading":"Registered biosecurity entity may apply for deregistration","content":"### sec.152 Registered biosecurity entity may apply for deregistration\n\nIf a person that is a registered biosecurity entity ceases to be a registrable biosecurity entity for a biosecurity circumstance, the person may apply to the chief executive for the person’s deregistration as a registered biosecurity entity for the circumstance.\nThe application must be in the approved form.\nThe chief executive must remove the person from the biosecurity register if satisfied the person is no longer a registrable biosecurity entity for the biosecurity circumstance.\nOtherwise, the chief executive must refuse the application.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant for deregistration an information notice for the decision to refuse.\n(sec.152-ssec.1) If a person that is a registered biosecurity entity ceases to be a registrable biosecurity entity for a biosecurity circumstance, the person may apply to the chief executive for the person’s deregistration as a registered biosecurity entity for the circumstance.\n(sec.152-ssec.2) The application must be in the approved form.\n(sec.152-ssec.3) The chief executive must remove the person from the biosecurity register if satisfied the person is no longer a registrable biosecurity entity for the biosecurity circumstance.\n(sec.152-ssec.4) Otherwise, the chief executive must refuse the application.\n(sec.152-ssec.5) If the chief executive decides to refuse the application, the chief executive must give the applicant for deregistration an information notice for the decision to refuse.","sortOrder":203},{"sectionNumber":"sec.153","sectionType":"section","heading":"Registered biosecurity entity to be given proof of registration","content":"### sec.153 Registered biosecurity entity to be given proof of registration\n\nThe chief executive may give a registered biosecurity entity proof of the entity’s registration in the form approved by the chief executive.\nThe chief executive must give a registered biosecurity entity proof of registration as mentioned in subsection (1) if the entity asks for it.\n(sec.153-ssec.1) The chief executive may give a registered biosecurity entity proof of the entity’s registration in the form approved by the chief executive.\n(sec.153-ssec.2) The chief executive must give a registered biosecurity entity proof of registration as mentioned in subsection (1) if the entity asks for it.","sortOrder":204},{"sectionNumber":"sec.154","sectionType":"section","heading":"No transfer of registration","content":"### sec.154 No transfer of registration\n\nA registered biosecurity entity’s registration can not be transferred.","sortOrder":205},{"sectionNumber":"sec.155","sectionType":"section","heading":"Term of registration","content":"### sec.155 Term of registration\n\nThe term of the registration of a registered biosecurity entity is the term decided by the chief executive, having regard to the circumstances of the entity, but must not be more than 3 years.\nIf the term of a registration is made up of 2 or more separate periods, the separate periods must be within a period of not more than 3 years.\nAn agricultural show society becomes registered as a registered biosecurity entity for the keeping of various designated animals for a 2-week period at the same time each year. The term of the registration could not be more than 3 of those 2-week periods.\n(sec.155-ssec.1) The term of the registration of a registered biosecurity entity is the term decided by the chief executive, having regard to the circumstances of the entity, but must not be more than 3 years.\n(sec.155-ssec.2) If the term of a registration is made up of 2 or more separate periods, the separate periods must be within a period of not more than 3 years. An agricultural show society becomes registered as a registered biosecurity entity for the keeping of various designated animals for a 2-week period at the same time each year. The term of the registration could not be more than 3 of those 2-week periods.","sortOrder":206},{"sectionNumber":"sec.156","sectionType":"section","heading":"Renewal of registration","content":"### sec.156 Renewal of registration\n\nWhen the term of a registration as a registered biosecurity entity ends, the chief executive must renew the registration unless the chief executive has been otherwise advised by the entity.\nIf the chief executive renews a registration as a registered biosecurity entity under subsection (1) , the chief executive must require the registered biosecurity entity—\nto pay the prescribed fee for renewal of the registration; or\nto advise the chief executive why the entity no longer needs to be registered as a registered biosecurity entity.\nSubsection (1) does not stop the chief executive from at any time requiring a registered biosecurity entity to give the chief executive information the chief executive reasonably requires for confirming the continuing accuracy of any aspect of the entity’s registration details.\nA registered biosecurity entity must comply with a requirement made to the entity under subsection (2) or (3) unless the entity has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsection (1) applies subject to sections 156B and 156C .\ns 156 amd 2024 No. 17 s 93\n(sec.156-ssec.1) When the term of a registration as a registered biosecurity entity ends, the chief executive must renew the registration unless the chief executive has been otherwise advised by the entity.\n(sec.156-ssec.2) If the chief executive renews a registration as a registered biosecurity entity under subsection (1) , the chief executive must require the registered biosecurity entity— to pay the prescribed fee for renewal of the registration; or to advise the chief executive why the entity no longer needs to be registered as a registered biosecurity entity.\n(sec.156-ssec.3) Subsection (1) does not stop the chief executive from at any time requiring a registered biosecurity entity to give the chief executive information the chief executive reasonably requires for confirming the continuing accuracy of any aspect of the entity’s registration details.\n(sec.156-ssec.4) A registered biosecurity entity must comply with a requirement made to the entity under subsection (2) or (3) unless the entity has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.156-ssec.5) Subsection (1) applies subject to sections 156B and 156C .\n- (a) to pay the prescribed fee for renewal of the registration; or\n- (b) to advise the chief executive why the entity no longer needs to be registered as a registered biosecurity entity.","sortOrder":207},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Notice requiring further information about registration","content":"### sec.156A Notice requiring further information about registration\n\nThis section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—\nthe chief executive renews the person’s registration under section 156 (1) and makes a requirement of the person under section 156 (2) ; and\nthe person fails to comply with the requirement.\nThe chief executive may give the person a notice stating—\nthat the person must, within the stated notice period, advise the chief executive whether or not the person is a registrable biosecurity entity for the biosecurity circumstance; and\nthat if the person does not comply with the requirement under paragraph (a) , the chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance under section 156C .\nThe notice may require the person to give the chief executive information in an approved form.\nIn this section—\nnotice period means a period of at least 90 days after the notice is given.\ns 156A ins 2024 No. 17 s 94\n(sec.156A-ssec.1) This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if— the chief executive renews the person’s registration under section 156 (1) and makes a requirement of the person under section 156 (2) ; and the person fails to comply with the requirement.\n(sec.156A-ssec.2) The chief executive may give the person a notice stating— that the person must, within the stated notice period, advise the chief executive whether or not the person is a registrable biosecurity entity for the biosecurity circumstance; and that if the person does not comply with the requirement under paragraph (a) , the chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance under section 156C .\n(sec.156A-ssec.3) The notice may require the person to give the chief executive information in an approved form.\n(sec.156A-ssec.4) In this section— notice period means a period of at least 90 days after the notice is given.\n- (a) the chief executive renews the person’s registration under section 156 (1) and makes a requirement of the person under section 156 (2) ; and\n- (b) the person fails to comply with the requirement.\n- (a) that the person must, within the stated notice period, advise the chief executive whether or not the person is a registrable biosecurity entity for the biosecurity circumstance; and\n- (b) that if the person does not comply with the requirement under paragraph (a) , the chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance under section 156C .","sortOrder":208},{"sectionNumber":"sec.156B","sectionType":"section","heading":"Person taken to have applied for deregistration","content":"### sec.156B Person taken to have applied for deregistration\n\nThis section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—\nthe chief executive gives the person a notice under section 156A (2) ; and\nthe person advises the chief executive within the notice period under section 156A that the person has ceased to be a registrable biosecurity entity for the biosecurity circumstance.\nThe person is taken to have made an application under section 152 (1) for the person’s deregistration as a registered biosecurity entity for the biosecurity circumstance.\ns 156B ins 2024 No. 17 s 94\n(sec.156B-ssec.1) This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if— the chief executive gives the person a notice under section 156A (2) ; and the person advises the chief executive within the notice period under section 156A that the person has ceased to be a registrable biosecurity entity for the biosecurity circumstance.\n(sec.156B-ssec.2) The person is taken to have made an application under section 152 (1) for the person’s deregistration as a registered biosecurity entity for the biosecurity circumstance.\n- (a) the chief executive gives the person a notice under section 156A (2) ; and\n- (b) the person advises the chief executive within the notice period under section 156A that the person has ceased to be a registrable biosecurity entity for the biosecurity circumstance.","sortOrder":209},{"sectionNumber":"sec.156C","sectionType":"section","heading":"Deregistration by chief executive","content":"### sec.156C Deregistration by chief executive\n\nThis section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—\nthe chief executive gives the person a notice under section 156A (2) ; and\nthe person does not comply with the notice.\nThe chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance by removing the person from the biosecurity register in relation to the biosecurity circumstance.\nIf the chief executive deregisters the person under subsection (2) , the chief executive must give the person a notice confirming the deregistration.\nTo remove any doubt, it is declared that the deregistration of a person in relation to a biosecurity circumstance under subsection (2) does not limit—\nthe application of section 141 to the person; or\nthe application of section 145 to the person for applying for registration for the biosecurity circumstance or a similar biosecurity circumstance.\ns 156C ins 2024 No. 17 s 94\n(sec.156C-ssec.1) This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if— the chief executive gives the person a notice under section 156A (2) ; and the person does not comply with the notice.\n(sec.156C-ssec.2) The chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance by removing the person from the biosecurity register in relation to the biosecurity circumstance.\n(sec.156C-ssec.3) If the chief executive deregisters the person under subsection (2) , the chief executive must give the person a notice confirming the deregistration.\n(sec.156C-ssec.4) To remove any doubt, it is declared that the deregistration of a person in relation to a biosecurity circumstance under subsection (2) does not limit— the application of section 141 to the person; or the application of section 145 to the person for applying for registration for the biosecurity circumstance or a similar biosecurity circumstance.\n- (a) the chief executive gives the person a notice under section 156A (2) ; and\n- (b) the person does not comply with the notice.\n- (a) the application of section 141 to the person; or\n- (b) the application of section 145 to the person for applying for registration for the biosecurity circumstance or a similar biosecurity circumstance.","sortOrder":210},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Special provisions relating to the keeping of bees","content":"## Special provisions relating to the keeping of bees","sortOrder":211},{"sectionNumber":"sec.157","sectionType":"section","heading":"Keeping of bees in a hive","content":"### sec.157 Keeping of bees in a hive\n\nA person must not keep bees unless the bees are kept in a hive.\nMaximum penalty—50 penalty units.","sortOrder":212},{"sectionNumber":"sec.158","sectionType":"section","heading":"Allocation of HIN","content":"### sec.158 Allocation of HIN\n\nIf the chief executive registers a registrable biosecurity entity under this part for the entity’s keeping of bees, the chief executive must allocate a hive identification number (a HIN ) to the entity for the entity’s hives.\nThe chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a HIN and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that a registered biosecurity entity has only 1 HIN that is unique to the entity’s hives.\nIf the chief executive takes any action under subsection (2) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.\nA HIN may take any form the chief executive considers appropriate.\nA registered biosecurity entity that has a HIN allocated to it by the chief executive must ensure that the hives the entity uses for the keeping of bees are marked or branded with the HIN, in the way prescribed under a regulation, to the following extent—\nfor each group of 50 hives—at least 1 hive in the group must be marked or branded;\nsubject to paragraph (a) , for any group of less than 50 hives—at least 1 hive in the group must be marked or branded.\nMaximum penalty—50 penalty units.\n(sec.158-ssec.1) If the chief executive registers a registrable biosecurity entity under this part for the entity’s keeping of bees, the chief executive must allocate a hive identification number (a HIN ) to the entity for the entity’s hives.\n(sec.158-ssec.2) The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a HIN and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that a registered biosecurity entity has only 1 HIN that is unique to the entity’s hives.\n(sec.158-ssec.3) If the chief executive takes any action under subsection (2) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.\n(sec.158-ssec.4) A HIN may take any form the chief executive considers appropriate.\n(sec.158-ssec.5) A registered biosecurity entity that has a HIN allocated to it by the chief executive must ensure that the hives the entity uses for the keeping of bees are marked or branded with the HIN, in the way prescribed under a regulation, to the following extent— for each group of 50 hives—at least 1 hive in the group must be marked or branded; subject to paragraph (a) , for any group of less than 50 hives—at least 1 hive in the group must be marked or branded. Maximum penalty—50 penalty units.\n- (a) for each group of 50 hives—at least 1 hive in the group must be marked or branded;\n- (b) subject to paragraph (a) , for any group of less than 50 hives—at least 1 hive in the group must be marked or branded.","sortOrder":213},{"sectionNumber":"sec.159","sectionType":"section","heading":"Display of information about registered biosecurity entity","content":"### sec.159 Display of information about registered biosecurity entity\n\nThis section applies if hives that a registered biosecurity entity uses for the keeping of bees are located other than on land that is or that is adjacent to land that is residential land of the entity.\nThe entity must, on 1 of the hives, or in a conspicuous place within the hives, display a notice that complies with the requirements, and contains the information relating to the entity’s registration under this part, prescribed under a regulation.\nMaximum penalty—20 penalty units.\nIn this section—\nresidential land , of a registered biosecurity entity, means land on which is located the usual place of residence of—\nthe entity; or\nan executive officer, agent or employee of the entity.\n(sec.159-ssec.1) This section applies if hives that a registered biosecurity entity uses for the keeping of bees are located other than on land that is or that is adjacent to land that is residential land of the entity.\n(sec.159-ssec.2) The entity must, on 1 of the hives, or in a conspicuous place within the hives, display a notice that complies with the requirements, and contains the information relating to the entity’s registration under this part, prescribed under a regulation. Maximum penalty—20 penalty units.\n(sec.159-ssec.3) In this section— residential land , of a registered biosecurity entity, means land on which is located the usual place of residence of— the entity; or an executive officer, agent or employee of the entity.\n- (a) the entity; or\n- (b) an executive officer, agent or employee of the entity.","sortOrder":214},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"Restricted places, restricted animals and restricted biosecurity matter","content":"## Restricted places, restricted animals and restricted biosecurity matter","sortOrder":215},{"sectionNumber":"sec.160","sectionType":"section","heading":"Requirement to give biosecurity risk notice","content":"### sec.160 Requirement to give biosecurity risk notice\n\nThis section applies if a relevant person for a designated place becomes aware—\nthe place poses, or may pose, a biosecurity risk; or\na designated animal at the place poses, or may pose, a biosecurity risk; or\ndesignated biosecurity matter at the place poses, or may pose, a biosecurity risk.\nThe relevant person must, as soon as practicable, give the chief executive notice (a biosecurity risk notice ) of the biosecurity risk.\nMaximum penalty—50 penalty units.\nHowever, subsection (2) does not apply if the relevant person is aware the chief executive has been advised, or has otherwise become aware, of the biosecurity risk.\nIn this section—\nrelevant person , for a designated place, means—\na registered biosecurity entity for the place; or\nan owner or occupier of the place.\ns 160 sub 2016 No. 28 s 46\n(sec.160-ssec.1) This section applies if a relevant person for a designated place becomes aware— the place poses, or may pose, a biosecurity risk; or a designated animal at the place poses, or may pose, a biosecurity risk; or designated biosecurity matter at the place poses, or may pose, a biosecurity risk.\n(sec.160-ssec.2) The relevant person must, as soon as practicable, give the chief executive notice (a biosecurity risk notice ) of the biosecurity risk. Maximum penalty—50 penalty units.\n(sec.160-ssec.3) However, subsection (2) does not apply if the relevant person is aware the chief executive has been advised, or has otherwise become aware, of the biosecurity risk.\n(sec.160-ssec.4) In this section— relevant person , for a designated place, means— a registered biosecurity entity for the place; or an owner or occupier of the place.\n- (a) the place poses, or may pose, a biosecurity risk; or\n- (b) a designated animal at the place poses, or may pose, a biosecurity risk; or\n- (c) designated biosecurity matter at the place poses, or may pose, a biosecurity risk.\n- (a) a registered biosecurity entity for the place; or\n- (b) an owner or occupier of the place.","sortOrder":216},{"sectionNumber":"sec.161","sectionType":"section","heading":"Inclusion of restricted place entry in biosecurity register","content":"### sec.161 Inclusion of restricted place entry in biosecurity register\n\nThis section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk.\nThe presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain.\nThe chief executive may, by making an entry in the biosecurity register—\ndeclare the place to be a restricted place; and\ndeclare how use of the place is to be restricted; and\ndeclare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and\ndeclare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and\ndeclare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place.\nIf the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way.\nSee section 169 (2) for the details that must be included in the biosecurity register in relation to the restricted place.\nA restriction declared under subsection (2) (c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended.\nIf the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply.\nThe entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\nFor subsection (2) , it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity.\nIf the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations—\nthe occupier of the place;\nif the occupier of the place is not the owner of the place—the owner;\nany entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.\ns 161 sub 2016 No. 28 s 46\n(sec.161-ssec.1) This section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk. The presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain.\n(sec.161-ssec.2) The chief executive may, by making an entry in the biosecurity register— declare the place to be a restricted place; and declare how use of the place is to be restricted; and declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place. If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way. See section 169 (2) for the details that must be included in the biosecurity register in relation to the restricted place.\n(sec.161-ssec.3) A restriction declared under subsection (2) (c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended. If the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply.\n(sec.161-ssec.4) The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\n(sec.161-ssec.5) For subsection (2) , it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity.\n(sec.161-ssec.6) If the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations— the occupier of the place; if the occupier of the place is not the owner of the place—the owner; any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.\n- (a) declare the place to be a restricted place; and\n- (b) declare how use of the place is to be restricted; and\n- (c) declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and\n- (d) declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and\n- (e) declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place. Example— If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way.\n- (a) the occupier of the place;\n- (b) if the occupier of the place is not the owner of the place—the owner;\n- (c) any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.","sortOrder":217},{"sectionNumber":"sec.162","sectionType":"section","heading":"Compliance with restricted place restrictions","content":"### sec.162 Compliance with restricted place restrictions\n\nWhile a place is a restricted place, a person must not perform any activity in relation to the place that contravenes any restriction recorded in the biosecurity register under section 161 (2) (b) about how the place is to be used.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (1) for the performance of an activity if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for the performance of the activity.\nA person must not deal with a designated animal in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (c) on dealings with the animal.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (3) by dealing with a designated animal in a way that contravenes a restriction if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for dealing with the designated animal in that way.\nA person must not deal with designated biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (d) on dealings with the matter.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (5) by dealing with designated biosecurity matter in a way that contravenes a restriction if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for dealing with the designated biosecurity matter in that way.\nA person must not deal with a carrier of biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (e) on dealings with the carrier.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (7) by dealing with a carrier of biosecurity matter in a way that contravenes a restriction if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for dealing with the carrier in that way.\ns 162 amd 2016 No. 28 s 47\n(sec.162-ssec.1) While a place is a restricted place, a person must not perform any activity in relation to the place that contravenes any restriction recorded in the biosecurity register under section 161 (2) (b) about how the place is to be used. Maximum penalty—800 penalty units.\n(sec.162-ssec.2) A person does not commit an offence against subsection (1) for the performance of an activity if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for the performance of the activity.\n(sec.162-ssec.3) A person must not deal with a designated animal in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (c) on dealings with the animal. Maximum penalty—800 penalty units.\n(sec.162-ssec.4) A person does not commit an offence against subsection (3) by dealing with a designated animal in a way that contravenes a restriction if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for dealing with the designated animal in that way.\n(sec.162-ssec.5) A person must not deal with designated biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (d) on dealings with the matter. Maximum penalty—800 penalty units.\n(sec.162-ssec.6) A person does not commit an offence against subsection (5) by dealing with designated biosecurity matter in a way that contravenes a restriction if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for dealing with the designated biosecurity matter in that way.\n(sec.162-ssec.7) A person must not deal with a carrier of biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161 (2) (e) on dealings with the carrier. Maximum penalty—800 penalty units.\n(sec.162-ssec.8) A person does not commit an offence against subsection (7) by dealing with a carrier of biosecurity matter in a way that contravenes a restriction if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for dealing with the carrier in that way.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for the performance of the activity.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for dealing with the designated animal in that way.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for dealing with the designated biosecurity matter in that way.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for dealing with the carrier in that way.","sortOrder":218},{"sectionNumber":"sec.162A","sectionType":"section","heading":"Inclusion of restricted animal entry in biosecurity register","content":"### sec.162A Inclusion of restricted animal entry in biosecurity register\n\nThis section applies if the chief executive is satisfied on reasonable grounds that a designated animal could pose a biosecurity risk.\na designated animal that has been contaminated with lead\na designated animal that has been contaminated with organochlorides and has left the place at which it became contaminated before the place was declared to be a restricted place\nThe chief executive may, by making an entry in the biosecurity register—\ndeclare the designated animal to be a restricted animal; and\ndeclare restrictions on dealings with the designated animal.\nSee section 169 (3) for the details that must be included in the biosecurity register in relation to the restricted animal.\nThe entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\nIf the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations—\nthe registered biosecurity entity for the place where the designated animal is being kept;\nthe occupier of the place where the designated animal is being kept;\nthe owner of the designated animal.\ns 162A ins 2016 No. 28 s 48\n(sec.162A-ssec.1) This section applies if the chief executive is satisfied on reasonable grounds that a designated animal could pose a biosecurity risk. a designated animal that has been contaminated with lead a designated animal that has been contaminated with organochlorides and has left the place at which it became contaminated before the place was declared to be a restricted place\n(sec.162A-ssec.2) The chief executive may, by making an entry in the biosecurity register— declare the designated animal to be a restricted animal; and declare restrictions on dealings with the designated animal. See section 169 (3) for the details that must be included in the biosecurity register in relation to the restricted animal.\n(sec.162A-ssec.3) The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\n(sec.162A-ssec.4) If the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations— the registered biosecurity entity for the place where the designated animal is being kept; the occupier of the place where the designated animal is being kept; the owner of the designated animal.\n- • a designated animal that has been contaminated with lead\n- • a designated animal that has been contaminated with organochlorides and has left the place at which it became contaminated before the place was declared to be a restricted place\n- (a) declare the designated animal to be a restricted animal; and\n- (b) declare restrictions on dealings with the designated animal.\n- (a) the registered biosecurity entity for the place where the designated animal is being kept;\n- (b) the occupier of the place where the designated animal is being kept;\n- (c) the owner of the designated animal.","sortOrder":219},{"sectionNumber":"sec.162B","sectionType":"section","heading":"Compliance with restricted animal restrictions","content":"### sec.162B Compliance with restricted animal restrictions\n\nA person must not deal with a restricted animal in a way that contravenes a restriction recorded in the biosecurity register under section 162A (2) (b) on dealings with the animal.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (1) by using a restricted animal in a way that contravenes a restriction if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for dealing with the animal in that way.\ns 162B ins 2016 No. 28 s 48\n(sec.162B-ssec.1) A person must not deal with a restricted animal in a way that contravenes a restriction recorded in the biosecurity register under section 162A (2) (b) on dealings with the animal. Maximum penalty—800 penalty units.\n(sec.162B-ssec.2) A person does not commit an offence against subsection (1) by using a restricted animal in a way that contravenes a restriction if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for dealing with the animal in that way.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for dealing with the animal in that way.","sortOrder":220},{"sectionNumber":"sec.162C","sectionType":"section","heading":"Inclusion of restricted biosecurity matter entry in biosecurity register","content":"### sec.162C Inclusion of restricted biosecurity matter entry in biosecurity register\n\nThis section applies if the chief executive is satisfied on reasonable grounds that designated biosecurity matter could pose a biosecurity risk.\nSee section 136 in relation to biosecurity matter that may be prescribed by regulation as designated biosecurity matter.\nThe chief executive may, by making an entry in the biosecurity register—\ndeclare the designated biosecurity matter to be restricted biosecurity matter; and\ndeclare restrictions on dealings with the designated biosecurity matter.\nSee section 169 (4) for the details that must be included in the biosecurity register in relation to the restricted biosecurity matter.\nThe entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\nIf the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations—\nthe registered biosecurity entity for the place where the designated biosecurity matter is being kept;\nthe occupier of the place where the designated biosecurity matter is being kept;\nthe owner of the designated biosecurity matter.\ns 162C ins 2016 No. 28 s 48\n(sec.162C-ssec.1) This section applies if the chief executive is satisfied on reasonable grounds that designated biosecurity matter could pose a biosecurity risk. See section 136 in relation to biosecurity matter that may be prescribed by regulation as designated biosecurity matter.\n(sec.162C-ssec.2) The chief executive may, by making an entry in the biosecurity register— declare the designated biosecurity matter to be restricted biosecurity matter; and declare restrictions on dealings with the designated biosecurity matter. See section 169 (4) for the details that must be included in the biosecurity register in relation to the restricted biosecurity matter.\n(sec.162C-ssec.3) The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.\n(sec.162C-ssec.4) If the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations— the registered biosecurity entity for the place where the designated biosecurity matter is being kept; the occupier of the place where the designated biosecurity matter is being kept; the owner of the designated biosecurity matter.\n- (a) declare the designated biosecurity matter to be restricted biosecurity matter; and\n- (b) declare restrictions on dealings with the designated biosecurity matter.\n- (a) the registered biosecurity entity for the place where the designated biosecurity matter is being kept;\n- (b) the occupier of the place where the designated biosecurity matter is being kept;\n- (c) the owner of the designated biosecurity matter.","sortOrder":221},{"sectionNumber":"sec.162D","sectionType":"section","heading":"Compliance with restricted biosecurity matter restrictions","content":"### sec.162D Compliance with restricted biosecurity matter restrictions\n\nA person must not deal with restricted biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 162C (2) (b) on dealings with the matter.\nMaximum penalty—800 penalty units.\nA person does not commit an offence against subsection (1) by dealing with restricted biosecurity matter in a way that contravenes a restriction if the person—\ndid not know, and ought not reasonably to have known, of the existence of the restriction; or\nhas a reasonable excuse for dealing with the matter in that way.\ns 162D ins 2016 No. 28 s 48\n(sec.162D-ssec.1) A person must not deal with restricted biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 162C (2) (b) on dealings with the matter. Maximum penalty—800 penalty units.\n(sec.162D-ssec.2) A person does not commit an offence against subsection (1) by dealing with restricted biosecurity matter in a way that contravenes a restriction if the person— did not know, and ought not reasonably to have known, of the existence of the restriction; or has a reasonable excuse for dealing with the matter in that way.\n- (a) did not know, and ought not reasonably to have known, of the existence of the restriction; or\n- (b) has a reasonable excuse for dealing with the matter in that way.","sortOrder":222},{"sectionNumber":"sec.163","sectionType":"section","heading":"Ending declaration of restricted place","content":"### sec.163 Ending declaration of restricted place\n\nThe chief executive may end the declaration of a place as a restricted place when the chief executive is satisfied the place no longer poses a biosecurity risk.\nA declaration ends when the chief executive—\nif the entry in the biosecurity register that makes the declaration includes 1 or more restrictions declared under section 161 (2) (c) or (d) that apply after the declaration of the place as a restricted place has ended—amends the entry to record that the declaration has ended; or\nA restriction declared under section 161 (2) (c) or (d) may apply after the declaration of the place as a restricted place has ended. See section 161 (3) .\notherwise—removes the entry making the declaration from the biosecurity register.\nThe chief executive may remove an entry amended under subsection (2) (a) from the biosecurity register when each restriction mentioned in the subsection stops applying.\nThe chief executive may end a declaration—\non the chief executive’s own initiative; or\non an application made under this subdivision for the declaration to be ended.\ns 163 sub 2016 No. 28 s 49\n(sec.163-ssec.1) The chief executive may end the declaration of a place as a restricted place when the chief executive is satisfied the place no longer poses a biosecurity risk.\n(sec.163-ssec.2) A declaration ends when the chief executive— if the entry in the biosecurity register that makes the declaration includes 1 or more restrictions declared under section 161 (2) (c) or (d) that apply after the declaration of the place as a restricted place has ended—amends the entry to record that the declaration has ended; or A restriction declared under section 161 (2) (c) or (d) may apply after the declaration of the place as a restricted place has ended. See section 161 (3) . otherwise—removes the entry making the declaration from the biosecurity register.\n(sec.163-ssec.3) The chief executive may remove an entry amended under subsection (2) (a) from the biosecurity register when each restriction mentioned in the subsection stops applying.\n(sec.163-ssec.4) The chief executive may end a declaration— on the chief executive’s own initiative; or on an application made under this subdivision for the declaration to be ended.\n- (a) if the entry in the biosecurity register that makes the declaration includes 1 or more restrictions declared under section 161 (2) (c) or (d) that apply after the declaration of the place as a restricted place has ended—amends the entry to record that the declaration has ended; or Note— A restriction declared under section 161 (2) (c) or (d) may apply after the declaration of the place as a restricted place has ended. See section 161 (3) .\n- (b) otherwise—removes the entry making the declaration from the biosecurity register.\n- (a) on the chief executive’s own initiative; or\n- (b) on an application made under this subdivision for the declaration to be ended.","sortOrder":223},{"sectionNumber":"sec.163A","sectionType":"section","heading":"Ending declaration of restricted animal or restricted biosecurity matter","content":"### sec.163A Ending declaration of restricted animal or restricted biosecurity matter\n\nThe chief executive may end the declaration of a designated animal as a restricted animal when the chief executive is satisfied the animal no longer poses a biosecurity risk.\nThe chief executive may end the declaration of designated biosecurity matter as restricted biosecurity matter when the chief executive is satisfied the matter no longer poses a biosecurity risk.\nA declaration ends when the chief executive removes the entry making the declaration from the biosecurity register.\nThe chief executive may end a declaration—\non the chief executive’s own initiative; or\non an application made under this subdivision for the declaration to be ended.\ns 163A ins 2016 No. 28 s 49\n(sec.163A-ssec.1) The chief executive may end the declaration of a designated animal as a restricted animal when the chief executive is satisfied the animal no longer poses a biosecurity risk.\n(sec.163A-ssec.2) The chief executive may end the declaration of designated biosecurity matter as restricted biosecurity matter when the chief executive is satisfied the matter no longer poses a biosecurity risk.\n(sec.163A-ssec.3) A declaration ends when the chief executive removes the entry making the declaration from the biosecurity register.\n(sec.163A-ssec.4) The chief executive may end a declaration— on the chief executive’s own initiative; or on an application made under this subdivision for the declaration to be ended.\n- (a) on the chief executive’s own initiative; or\n- (b) on an application made under this subdivision for the declaration to be ended.","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application for declaration of restricted place to be ended","content":"### sec.164 Application for declaration of restricted place to be ended\n\nA person may apply to the chief executive to end the declaration of a place as a restricted place.\nSee section 163 (2) for when the declaration ends.\nA person may make an application under subsection (1) only if the person is—\nthe occupier of the place; or\nthe owner of the place; or\nany entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.\ns 164 amd 2016 No. 28 s 50\n(sec.164-ssec.1) A person may apply to the chief executive to end the declaration of a place as a restricted place. See section 163 (2) for when the declaration ends.\n(sec.164-ssec.2) A person may make an application under subsection (1) only if the person is— the occupier of the place; or the owner of the place; or any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.\n- (a) the occupier of the place; or\n- (b) the owner of the place; or\n- (c) any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.","sortOrder":225},{"sectionNumber":"sec.164A","sectionType":"section","heading":"Application for declaration of restricted animal to be ended","content":"### sec.164A Application for declaration of restricted animal to be ended\n\nA person may apply to the chief executive to end the declaration of a designated animal as a restricted animal.\nSee section 163A (3) for when the declaration ends.\nA person may make an application under subsection (1) only if the person is—\nthe registered biosecurity entity for the place where the restricted animal is being kept; or\nthe occupier of the place where the restricted animal is being kept; or\nthe owner of the restricted animal.\ns 164A ins 2016 No. 28 s 51\n(sec.164A-ssec.1) A person may apply to the chief executive to end the declaration of a designated animal as a restricted animal. See section 163A (3) for when the declaration ends.\n(sec.164A-ssec.2) A person may make an application under subsection (1) only if the person is— the registered biosecurity entity for the place where the restricted animal is being kept; or the occupier of the place where the restricted animal is being kept; or the owner of the restricted animal.\n- (a) the registered biosecurity entity for the place where the restricted animal is being kept; or\n- (b) the occupier of the place where the restricted animal is being kept; or\n- (c) the owner of the restricted animal.","sortOrder":226},{"sectionNumber":"sec.164B","sectionType":"section","heading":"Application for declaration of restricted biosecurity matter to be ended","content":"### sec.164B Application for declaration of restricted biosecurity matter to be ended\n\nA person may apply to the chief executive to end the declaration of designated biosecurity matter as restricted biosecurity matter.\nSee section 163A (3) for when the declaration ends.\nA person may make an application under subsection (1) only if the person is—\nthe registered biosecurity entity for the place where the designated biosecurity matter is being kept; or\nthe occupier of the place where the designated biosecurity matter is being kept; or\nthe owner of the designated biosecurity matter.\ns 164B ins 2016 No. 28 s 51\n(sec.164B-ssec.1) A person may apply to the chief executive to end the declaration of designated biosecurity matter as restricted biosecurity matter. See section 163A (3) for when the declaration ends.\n(sec.164B-ssec.2) A person may make an application under subsection (1) only if the person is— the registered biosecurity entity for the place where the designated biosecurity matter is being kept; or the occupier of the place where the designated biosecurity matter is being kept; or the owner of the designated biosecurity matter.\n- (a) the registered biosecurity entity for the place where the designated biosecurity matter is being kept; or\n- (b) the occupier of the place where the designated biosecurity matter is being kept; or\n- (c) the owner of the designated biosecurity matter.","sortOrder":227},{"sectionNumber":"sec.164C","sectionType":"section","heading":"Requirements for application","content":"### sec.164C Requirements for application\n\nAn application under section 164 , 164A or 164B must—\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation; and\noutline any steps taken to ensure the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk; and\ninclude evidence (for example, reports prepared by suitably qualified persons) the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk.\ns 164C ins 2016 No. 28 s 51\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation; and\n- (c) outline any steps taken to ensure the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk; and\n- (d) include evidence (for example, reports prepared by suitably qualified persons) the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk.","sortOrder":228},{"sectionNumber":"sec.165","sectionType":"section","heading":"Inquiry about application","content":"### sec.165 Inquiry about application\n\nBefore deciding the application, the chief executive may, by notice to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.165-ssec.1) Before deciding the application, the chief executive may, by notice to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.165-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.165-ssec.3) A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.165-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":229},{"sectionNumber":"sec.166","sectionType":"section","heading":"Decision on application","content":"### sec.166 Decision on application\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.\nIf the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.\nIf the chief executive decides to grant the application, the chief executive must—\nadvise the applicant of the decision; and\nas soon as practicable, remove the entry from the biosecurity register; and\nadvise the applicant when the entry is removed from the biosecurity register.\n(sec.166-ssec.1) The chief executive must consider the application and decide to grant, or refuse to grant, the application.\n(sec.166-ssec.2) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.\n(sec.166-ssec.3) If the chief executive decides to grant the application, the chief executive must— advise the applicant of the decision; and as soon as practicable, remove the entry from the biosecurity register; and advise the applicant when the entry is removed from the biosecurity register.\n- (a) advise the applicant of the decision; and\n- (b) as soon as practicable, remove the entry from the biosecurity register; and\n- (c) advise the applicant when the entry is removed from the biosecurity register.","sortOrder":230},{"sectionNumber":"sec.167","sectionType":"section","heading":"Failure to decide application","content":"### sec.167 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if the chief executive has, under section 165 (1) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\ns 167 amd 2016 No. 28 s 52\n(sec.167-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.167-ssec.2) Subsection (3) applies if the chief executive has, under section 165 (1) , required the applicant to give the chief executive further information or a document.\n(sec.167-ssec.3) The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.167-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.","sortOrder":231},{"sectionNumber":"ch.7-pt.2-div.4","sectionType":"division","heading":"The biosecurity register","content":"## The biosecurity register","sortOrder":232},{"sectionNumber":"sec.168","sectionType":"section","heading":"Chief executive’s obligation to keep register","content":"### sec.168 Chief executive’s obligation to keep register\n\nThe chief executive must keep a register (the biosecurity register ) of the following—\nregistered biosecurity entities;\nrestricted places;\nrestricted animals;\nrestricted biosecurity matter.\ns 168 sub 2016 No. 28 s 53\n- (a) registered biosecurity entities;\n- (b) restricted places;\n- (c) restricted animals;\n- (d) restricted biosecurity matter.","sortOrder":233},{"sectionNumber":"sec.169","sectionType":"section","heading":"Information required to be kept","content":"### sec.169 Information required to be kept\n\nThe biosecurity register must include, for each registered biosecurity entity in relation to each biosecurity circumstance for which the entity is a registered biosecurity entity, all of the following details (the registration details )—\nthe designated details for the entity;\nany PIC that applies to the entity’s registration;\nany HIN allocated for the entity’s registration.\nThe biosecurity register must include, for each restricted place—\nthe address, local government area and any name of the place; and\nany PIC of the place; and\nthe restrictions declared under section 161 (2) .\nThe biosecurity register must include, for each restricted animal—\ninformation that identifies the animal; and\nthe restrictions declared under section 162A (2) (b) on dealings with the animal.\nThe biosecurity register must include, for each restricted biosecurity matter—\ninformation that identifies the matter; and\nthe restrictions declared under section 162C (2) (b) on dealings with the matter.\nThe chief executive may record other information the chief executive considers appropriate about a registered biosecurity entity, restricted place, restricted animal or restricted biosecurity matter.\ns 169 amd 2016 No. 28 s 54\n(sec.169-ssec.1) The biosecurity register must include, for each registered biosecurity entity in relation to each biosecurity circumstance for which the entity is a registered biosecurity entity, all of the following details (the registration details )— the designated details for the entity; any PIC that applies to the entity’s registration; any HIN allocated for the entity’s registration.\n(sec.169-ssec.2) The biosecurity register must include, for each restricted place— the address, local government area and any name of the place; and any PIC of the place; and the restrictions declared under section 161 (2) .\n(sec.169-ssec.3) The biosecurity register must include, for each restricted animal— information that identifies the animal; and the restrictions declared under section 162A (2) (b) on dealings with the animal.\n(sec.169-ssec.4) The biosecurity register must include, for each restricted biosecurity matter— information that identifies the matter; and the restrictions declared under section 162C (2) (b) on dealings with the matter.\n(sec.169-ssec.5) The chief executive may record other information the chief executive considers appropriate about a registered biosecurity entity, restricted place, restricted animal or restricted biosecurity matter.\n- (a) the designated details for the entity;\n- (b) any PIC that applies to the entity’s registration;\n- (c) any HIN allocated for the entity’s registration.\n- (a) the address, local government area and any name of the place; and\n- (b) any PIC of the place; and\n- (c) the restrictions declared under section 161 (2) .\n- (a) information that identifies the animal; and\n- (b) the restrictions declared under section 162A (2) (b) on dealings with the animal.\n- (a) information that identifies the matter; and\n- (b) the restrictions declared under section 162C (2) (b) on dealings with the matter.","sortOrder":234},{"sectionNumber":"sec.170","sectionType":"section","heading":"Requirement for change notice","content":"### sec.170 Requirement for change notice\n\nThis section applies if a registered biosecurity entity becomes aware of a change that affects or may affect the accuracy of the entity’s designated details.\nThe registered biosecurity entity must, as soon as practicable, give the chief executive notice of the change (a change notice ).\nMaximum penalty—50 penalty units.\ns 170 amd 2016 No. 28 s 55\n(sec.170-ssec.1) This section applies if a registered biosecurity entity becomes aware of a change that affects or may affect the accuracy of the entity’s designated details.\n(sec.170-ssec.2) The registered biosecurity entity must, as soon as practicable, give the chief executive notice of the change (a change notice ). Maximum penalty—50 penalty units.","sortOrder":235},{"sectionNumber":"sec.171","sectionType":"section","heading":"Correction and updating of biosecurity register for registered biosecurity entities","content":"### sec.171 Correction and updating of biosecurity register for registered biosecurity entities\n\nThe chief executive may correct the designated details for a registered biosecurity entity if satisfied that—\nthe designated details are incorrect as registered; or\nthe correction is necessary to ensure the traceability of designated animals or designated biosecurity matter.\nThe correction may be made at the chief executive’s own initiative, at the registered biosecurity entity’s request, or because of a change notice.\nIf a correction is made at the chief executive’s own initiative, and without a registered biosecurity entity’s request or consent and not because of a change notice to the extent the change notice is about the entity’s designated details, the chief executive must give the entity an information notice for the decision to make the correction.\nIf the chief executive is given a change notice, the chief executive must refuse to correct the designated details in compliance with the change notice to the extent the chief executive is satisfied that, in the circumstances, a further application for registration under this part should be made.\nIn this section—\ncorrect includes amend, and for a PIC or HIN, cancelling and replacing it.\ns 171 amd 2016 No. 28 s 56\n(sec.171-ssec.1) The chief executive may correct the designated details for a registered biosecurity entity if satisfied that— the designated details are incorrect as registered; or the correction is necessary to ensure the traceability of designated animals or designated biosecurity matter.\n(sec.171-ssec.2) The correction may be made at the chief executive’s own initiative, at the registered biosecurity entity’s request, or because of a change notice.\n(sec.171-ssec.3) If a correction is made at the chief executive’s own initiative, and without a registered biosecurity entity’s request or consent and not because of a change notice to the extent the change notice is about the entity’s designated details, the chief executive must give the entity an information notice for the decision to make the correction.\n(sec.171-ssec.4) If the chief executive is given a change notice, the chief executive must refuse to correct the designated details in compliance with the change notice to the extent the chief executive is satisfied that, in the circumstances, a further application for registration under this part should be made.\n(sec.171-ssec.5) In this section— correct includes amend, and for a PIC or HIN, cancelling and replacing it.\n- (a) the designated details are incorrect as registered; or\n- (b) the correction is necessary to ensure the traceability of designated animals or designated biosecurity matter.","sortOrder":236},{"sectionNumber":"sec.172","sectionType":"section","heading":"Publication of information held in biosecurity register","content":"### sec.172 Publication of information held in biosecurity register\n\nThe chief executive—\nmust publish on the department’s website the following information held in the biosecurity register for each registered biosecurity entity—\nthe local government area and any name of each designated place for which the entity is registered;\nany PIC that applies to the entity’s registration; and\nmay publish on the department’s website any other information held in the biosecurity register for a registered biosecurity entity.\nAlso, the chief executive may publish on the department’s website all or part of the information held in the biosecurity register for—\na restricted place; or\na restricted animal; or\nrestricted biosecurity matter.\ns 172 sub 2016 No. 28 s 57\namd 2020 No. 3 s 32\n(sec.172-ssec.1) The chief executive— must publish on the department’s website the following information held in the biosecurity register for each registered biosecurity entity— the local government area and any name of each designated place for which the entity is registered; any PIC that applies to the entity’s registration; and may publish on the department’s website any other information held in the biosecurity register for a registered biosecurity entity.\n(sec.172-ssec.2) Also, the chief executive may publish on the department’s website all or part of the information held in the biosecurity register for— a restricted place; or a restricted animal; or restricted biosecurity matter.\n- (a) must publish on the department’s website the following information held in the biosecurity register for each registered biosecurity entity— (i) the local government area and any name of each designated place for which the entity is registered; (ii) any PIC that applies to the entity’s registration; and\n- (i) the local government area and any name of each designated place for which the entity is registered;\n- (ii) any PIC that applies to the entity’s registration; and\n- (b) may publish on the department’s website any other information held in the biosecurity register for a registered biosecurity entity.\n- (i) the local government area and any name of each designated place for which the entity is registered;\n- (ii) any PIC that applies to the entity’s registration; and\n- (a) a restricted place; or\n- (b) a restricted animal; or\n- (c) restricted biosecurity matter.","sortOrder":237},{"sectionNumber":"sec.173","sectionType":"section","heading":"Taking copies of biosecurity register","content":"### sec.173 Taking copies of biosecurity register\n\nOn application by a person (the applicant ) and payment of the fee prescribed by regulation, the chief executive may, under subsection (2) , (3) , (4) or (5) , give the applicant a copy of information held in the biosecurity register.\nThe applicant may be given a copy of information relating to a registered biosecurity entity only if the information—\nis required to be published on the department’s website under section 172 (1) (a) ; or\nhas been published on the department’s website under section 172 (1) (b) .\nThe applicant may be given a copy of information relating to a restricted place only if—\nthe applicant is—\nan owner or occupier of the place; or\na registered biosecurity entity for the place; or\nthe owner of the place gives written consent for the applicant to be given the information; or\nthe information has been published on the department’s website under section 172 (2) ; or\ndisclosing the information to the applicant is required or permitted under this Act or another Act.\nThe applicant may be given a copy of information relating to a restricted animal only if—\nthe applicant is—\na person who keeps the animal; or\nan occupier of the place where the animal is being kept; or\nthe owner of the animal; or\nthe owner of the animal gives written consent for the applicant to be given the information; or\nthe information has been published on the department’s website under section 172 (2) ; or\ndisclosing the information to the applicant is required or permitted under this Act or another Act.\nThe applicant may be given a copy of information relating to restricted biosecurity matter only if—\nthe applicant is—\na person who keeps the matter; or\nan occupier of the place where the matter is being kept; or\nthe owner of the matter; or\nthe owner of the matter gives written consent for the applicant to be given the information; or\nthe information has been published on the department’s website under section 172 (2) ; or\ndisclosing the information to the applicant is required or permitted under this Act or another Act.\nDespite subsections (1) to (5) , the chief executive may, on the chief executive’s own initiative, give a person a copy of all or part of the information held in the biosecurity register if—\nthe person is the NLIS administrator; or\nthe person is carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or\nthe chief executive is satisfied disclosing the details to the person in the circumstances—\nis essential for the administration of a program under this Act relating to the control of animal health or accreditation; or\nwill contribute to the traceability of designated animals or designated biosecurity matter or of disease; or\nwill contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.\nThe information mentioned in subsection (6) may be given subject to conditions the chief executive considers appropriate.\nInformation may be given to the NLIS administrator on the condition that the NLIS administrator gives the chief executive access to information from the database for the NLIS.\ns 173 amd 2016 No. 28 s 58\n(sec.173-ssec.1) On application by a person (the applicant ) and payment of the fee prescribed by regulation, the chief executive may, under subsection (2) , (3) , (4) or (5) , give the applicant a copy of information held in the biosecurity register.\n(sec.173-ssec.2) The applicant may be given a copy of information relating to a registered biosecurity entity only if the information— is required to be published on the department’s website under section 172 (1) (a) ; or has been published on the department’s website under section 172 (1) (b) .\n(sec.173-ssec.3) The applicant may be given a copy of information relating to a restricted place only if— the applicant is— an owner or occupier of the place; or a registered biosecurity entity for the place; or the owner of the place gives written consent for the applicant to be given the information; or the information has been published on the department’s website under section 172 (2) ; or disclosing the information to the applicant is required or permitted under this Act or another Act.\n(sec.173-ssec.4) The applicant may be given a copy of information relating to a restricted animal only if— the applicant is— a person who keeps the animal; or an occupier of the place where the animal is being kept; or the owner of the animal; or the owner of the animal gives written consent for the applicant to be given the information; or the information has been published on the department’s website under section 172 (2) ; or disclosing the information to the applicant is required or permitted under this Act or another Act.\n(sec.173-ssec.5) The applicant may be given a copy of information relating to restricted biosecurity matter only if— the applicant is— a person who keeps the matter; or an occupier of the place where the matter is being kept; or the owner of the matter; or the owner of the matter gives written consent for the applicant to be given the information; or the information has been published on the department’s website under section 172 (2) ; or disclosing the information to the applicant is required or permitted under this Act or another Act.\n(sec.173-ssec.6) Despite subsections (1) to (5) , the chief executive may, on the chief executive’s own initiative, give a person a copy of all or part of the information held in the biosecurity register if— the person is the NLIS administrator; or the person is carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or the chief executive is satisfied disclosing the details to the person in the circumstances— is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.\n(sec.173-ssec.7) The information mentioned in subsection (6) may be given subject to conditions the chief executive considers appropriate. Information may be given to the NLIS administrator on the condition that the NLIS administrator gives the chief executive access to information from the database for the NLIS.\n- (a) is required to be published on the department’s website under section 172 (1) (a) ; or\n- (b) has been published on the department’s website under section 172 (1) (b) .\n- (a) the applicant is— (i) an owner or occupier of the place; or (ii) a registered biosecurity entity for the place; or\n- (i) an owner or occupier of the place; or\n- (ii) a registered biosecurity entity for the place; or\n- (b) the owner of the place gives written consent for the applicant to be given the information; or\n- (c) the information has been published on the department’s website under section 172 (2) ; or\n- (d) disclosing the information to the applicant is required or permitted under this Act or another Act.\n- (i) an owner or occupier of the place; or\n- (ii) a registered biosecurity entity for the place; or\n- (a) the applicant is— (i) a person who keeps the animal; or (ii) an occupier of the place where the animal is being kept; or (iii) the owner of the animal; or\n- (i) a person who keeps the animal; or\n- (ii) an occupier of the place where the animal is being kept; or\n- (iii) the owner of the animal; or\n- (b) the owner of the animal gives written consent for the applicant to be given the information; or\n- (c) the information has been published on the department’s website under section 172 (2) ; or\n- (d) disclosing the information to the applicant is required or permitted under this Act or another Act.\n- (i) a person who keeps the animal; or\n- (ii) an occupier of the place where the animal is being kept; or\n- (iii) the owner of the animal; or\n- (a) the applicant is— (i) a person who keeps the matter; or (ii) an occupier of the place where the matter is being kept; or (iii) the owner of the matter; or\n- (i) a person who keeps the matter; or\n- (ii) an occupier of the place where the matter is being kept; or\n- (iii) the owner of the matter; or\n- (b) the owner of the matter gives written consent for the applicant to be given the information; or\n- (c) the information has been published on the department’s website under section 172 (2) ; or\n- (d) disclosing the information to the applicant is required or permitted under this Act or another Act.\n- (i) a person who keeps the matter; or\n- (ii) an occupier of the place where the matter is being kept; or\n- (iii) the owner of the matter; or\n- (a) the person is the NLIS administrator; or\n- (b) the person is carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or\n- (c) the chief executive is satisfied disclosing the details to the person in the circumstances— (i) is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or (ii) will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or (iii) will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.\n- (i) is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or\n- (ii) will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or\n- (iii) will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.\n- (i) is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or\n- (ii) will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or\n- (iii) will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.","sortOrder":238},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Use of information by NLIS administrator","content":"### sec.173A Use of information by NLIS administrator\n\nThis section applies in relation to information given to the NLIS administrator under section 173 (6) .\nThe chief executive may authorise the NLIS administrator to disclose all or part of the information to a stated person or a person of a stated class (each an authorised recipient ).\noperators of abattoirs\nThe chief executive’s authorisation may be given—\ngenerally or in a particular case; and\nsubject to any conditions the chief executive considers appropriate.\nSubsection (5) applies if the chief executive authorises the NLIS administrator under subsection (2) to disclose the information to an authorised recipient.\nThe NLIS administrator may publish the information on a website maintained by the administrator, but only if access to the information is restricted to persons—\nwho are authorised recipients for the information; or\nto whom the disclosure of the information is required or permitted under this Act or another Act.\nSubsection (3) (b) does not limit the conditions the chief executive may impose under section 173 (7) .\ns 173A ins 2016 No. 28 s 59\n(sec.173A-ssec.1) This section applies in relation to information given to the NLIS administrator under section 173 (6) .\n(sec.173A-ssec.2) The chief executive may authorise the NLIS administrator to disclose all or part of the information to a stated person or a person of a stated class (each an authorised recipient ). operators of abattoirs\n(sec.173A-ssec.3) The chief executive’s authorisation may be given— generally or in a particular case; and subject to any conditions the chief executive considers appropriate.\n(sec.173A-ssec.4) Subsection (5) applies if the chief executive authorises the NLIS administrator under subsection (2) to disclose the information to an authorised recipient.\n(sec.173A-ssec.5) The NLIS administrator may publish the information on a website maintained by the administrator, but only if access to the information is restricted to persons— who are authorised recipients for the information; or to whom the disclosure of the information is required or permitted under this Act or another Act.\n(sec.173A-ssec.6) Subsection (3) (b) does not limit the conditions the chief executive may impose under section 173 (7) .\n- (a) generally or in a particular case; and\n- (b) subject to any conditions the chief executive considers appropriate.\n- (a) who are authorised recipients for the information; or\n- (b) to whom the disclosure of the information is required or permitted under this Act or another Act.","sortOrder":239},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Special designated animal identification and tracing system","content":"# Special designated animal identification and tracing system","sortOrder":240},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Approved devices","content":"## Approved devices","sortOrder":241},{"sectionNumber":"sec.174","sectionType":"section","heading":"What is an approved device","content":"### sec.174 What is an approved device\n\nAn approved device is a tag or other identifying device or mark that—\nmay be fitted to a special designated animal for use in distinguishing the special designated animal from all other animals; and\ncomplies with the technical requirements decided by the chief executive as applying to tags or other identifying devices or marks to be fitted to special designated animals.\n- (a) may be fitted to a special designated animal for use in distinguishing the special designated animal from all other animals; and\n- (b) complies with the technical requirements decided by the chief executive as applying to tags or other identifying devices or marks to be fitted to special designated animals.","sortOrder":242},{"sectionNumber":"sec.175","sectionType":"section","heading":"Meaning of fit","content":"### sec.175 Meaning of fit\n\nFor this part—\nfit , to an animal, other than in relation to a tag, includes the following—\nbrand or tattoo the animal;\ninsert into the animal.\n- (a) brand or tattoo the animal;\n- (b) insert into the animal.","sortOrder":243},{"sectionNumber":"sec.176","sectionType":"section","heading":"Chief executive may approve different devices for different animals or circumstances","content":"### sec.176 Chief executive may approve different devices for different animals or circumstances\n\nThe chief executive may decide different specifications for approved devices to be fitted to different types of special designated animals.\nThe specifications must state the technical requirements for a device and may also provide for any of the following—\nthe type of special designated animal to which the device may be fitted;\nthe circumstances that must apply to a special designated animal before the device may be fitted to the animal;\nthe purposes for which the device may be fitted to a special designated animal.\nThe chief executive must publish the specifications on the department’s website.\nIn deciding the specifications, the chief executive must, to the greatest practicable extent, comply with the provisions of a relevant code of practice, including, for example, provisions about the following—\nthe testing of tags for suitability for fitting to an animal;\nthe purposes of different types of tags;\nthe positioning of tags fitted to special designated animals;\nconditions for the re-use, recycling and destruction of tags.\n(sec.176-ssec.1) The chief executive may decide different specifications for approved devices to be fitted to different types of special designated animals.\n(sec.176-ssec.2) The specifications must state the technical requirements for a device and may also provide for any of the following— the type of special designated animal to which the device may be fitted; the circumstances that must apply to a special designated animal before the device may be fitted to the animal; the purposes for which the device may be fitted to a special designated animal.\n(sec.176-ssec.3) The chief executive must publish the specifications on the department’s website.\n(sec.176-ssec.4) In deciding the specifications, the chief executive must, to the greatest practicable extent, comply with the provisions of a relevant code of practice, including, for example, provisions about the following— the testing of tags for suitability for fitting to an animal; the purposes of different types of tags; the positioning of tags fitted to special designated animals; conditions for the re-use, recycling and destruction of tags.\n- (a) the type of special designated animal to which the device may be fitted;\n- (b) the circumstances that must apply to a special designated animal before the device may be fitted to the animal;\n- (c) the purposes for which the device may be fitted to a special designated animal.\n- (a) the testing of tags for suitability for fitting to an animal;\n- (b) the purposes of different types of tags;\n- (c) the positioning of tags fitted to special designated animals;\n- (d) conditions for the re-use, recycling and destruction of tags.","sortOrder":244},{"sectionNumber":"sec.177","sectionType":"section","heading":"What is a suitable approved device","content":"### sec.177 What is a suitable approved device\n\nAn approved device is a suitable approved device for a special designated animal if it is suitable to be fitted to the animal having regard to the specifications decided by the chief executive for the device.","sortOrder":245},{"sectionNumber":"sec.178","sectionType":"section","heading":"Only suitable approved device to be fitted","content":"### sec.178 Only suitable approved device to be fitted\n\nA person must not fit an approved device to a special designated animal if the device is not a suitable approved device for the animal.\nMaximum penalty—100 penalty units.\nA person does not commit an offence against subsection (1) if the person—\ndid not know, and ought not reasonably to have known, that the device was not a suitable approved device; or\nhas a reasonable excuse for fitting the device.\n(sec.178-ssec.1) A person must not fit an approved device to a special designated animal if the device is not a suitable approved device for the animal. Maximum penalty—100 penalty units.\n(sec.178-ssec.2) A person does not commit an offence against subsection (1) if the person— did not know, and ought not reasonably to have known, that the device was not a suitable approved device; or has a reasonable excuse for fitting the device.\n- (a) did not know, and ought not reasonably to have known, that the device was not a suitable approved device; or\n- (b) has a reasonable excuse for fitting the device.","sortOrder":246},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Approved device requirement and travel approvals","content":"## Approved device requirement and travel approvals","sortOrder":247},{"sectionNumber":"sec.179","sectionType":"section","heading":"Approved device requirement","content":"### sec.179 Approved device requirement\n\nThis section applies to a person if—\nthe person is a registrable biosecurity entity; and\nthe biosecurity circumstance for which the person is a registrable biosecurity entity is or includes the keeping of a special designated animal at a place (the place of origin ).\nThe person must ensure that, if the special designated animal is moved from the place of origin, the animal is fitted with a suitable approved device for the animal unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsection (2) applies even if the person is not a registered biosecurity entity for the keeping of the special designated animal.\n(sec.179-ssec.1) This section applies to a person if— the person is a registrable biosecurity entity; and the biosecurity circumstance for which the person is a registrable biosecurity entity is or includes the keeping of a special designated animal at a place (the place of origin ).\n(sec.179-ssec.2) The person must ensure that, if the special designated animal is moved from the place of origin, the animal is fitted with a suitable approved device for the animal unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.179-ssec.3) Subsection (2) applies even if the person is not a registered biosecurity entity for the keeping of the special designated animal.\n- (a) the person is a registrable biosecurity entity; and\n- (b) the biosecurity circumstance for which the person is a registrable biosecurity entity is or includes the keeping of a special designated animal at a place (the place of origin ).","sortOrder":248},{"sectionNumber":"sec.180","sectionType":"section","heading":"Exemptions from approved device requirement","content":"### sec.180 Exemptions from approved device requirement\n\nA person does not commit an offence against the approved device requirement in relation to the movement of a special designated animal if—\nall of the following apply—\nthe movement of the special designated animal is to a place that is a neighbouring place to the place of origin;\nthe movement is for ordinary animal management purposes only;\ndipping, branding and vaccinating\nthe person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or\nthe lack of the fitted suitable approved device applies only for the first part of the movement, and the first part of the movement is to a place—\nthat is a neighbouring place to the place of origin; and\nthat is a place where the approved device can be fitted; or\nThe neighbouring place, unlike the place of origin, is equipped with appropriate facilities for fitting the approved device.\nthe special designated animal is a goat or pig and all of the following apply—\nthe first part of the movement of the animal is direct to a sporting event from a place (the relevant place );\nno other animals are present at the sporting event, other than goats and pigs from the relevant place;\nthe second part of the movement of the animal is direct from the sporting event to the relevant place; or\nbilly goat race, pig race\nthe person holds an approval (a travel approval ) for the movement and all conditions of the travel approval are complied with.\ns 180 amd 2020 No. 3 s 33\n- (a) all of the following apply— (i) the movement of the special designated animal is to a place that is a neighbouring place to the place of origin; (ii) the movement is for ordinary animal management purposes only; Examples of ordinary animal management purposes— dipping, branding and vaccinating (iii) the person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or\n- (i) the movement of the special designated animal is to a place that is a neighbouring place to the place of origin;\n- (ii) the movement is for ordinary animal management purposes only; Examples of ordinary animal management purposes— dipping, branding and vaccinating\n- (iii) the person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or\n- (b) the lack of the fitted suitable approved device applies only for the first part of the movement, and the first part of the movement is to a place— (i) that is a neighbouring place to the place of origin; and (ii) that is a place where the approved device can be fitted; or Example— The neighbouring place, unlike the place of origin, is equipped with appropriate facilities for fitting the approved device.\n- (i) that is a neighbouring place to the place of origin; and\n- (ii) that is a place where the approved device can be fitted; or\n- (c) the special designated animal is a goat or pig and all of the following apply— (i) the first part of the movement of the animal is direct to a sporting event from a place (the relevant place ); (ii) no other animals are present at the sporting event, other than goats and pigs from the relevant place; (iii) the second part of the movement of the animal is direct from the sporting event to the relevant place; or Examples of a sporting event— billy goat race, pig race\n- (i) the first part of the movement of the animal is direct to a sporting event from a place (the relevant place );\n- (ii) no other animals are present at the sporting event, other than goats and pigs from the relevant place;\n- (iii) the second part of the movement of the animal is direct from the sporting event to the relevant place; or Examples of a sporting event— billy goat race, pig race\n- (d) the person holds an approval (a travel approval ) for the movement and all conditions of the travel approval are complied with.\n- (i) the movement of the special designated animal is to a place that is a neighbouring place to the place of origin;\n- (ii) the movement is for ordinary animal management purposes only; Examples of ordinary animal management purposes— dipping, branding and vaccinating\n- (iii) the person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or\n- (i) that is a neighbouring place to the place of origin; and\n- (ii) that is a place where the approved device can be fitted; or\n- (i) the first part of the movement of the animal is direct to a sporting event from a place (the relevant place );\n- (ii) no other animals are present at the sporting event, other than goats and pigs from the relevant place;\n- (iii) the second part of the movement of the animal is direct from the sporting event to the relevant place; or Examples of a sporting event— billy goat race, pig race","sortOrder":249},{"sectionNumber":"sec.181","sectionType":"section","heading":"Obtaining a travel approval","content":"### sec.181 Obtaining a travel approval\n\nA person may apply to the chief executive for a travel approval for the movement of a special designated animal.\nThe application must be in the approved form.\nThe chief executive may grant the travel approval only if the chief executive is satisfied that—\nthe special designated animal can be traced under the NLIS; and\nthe movement does not pose a biosecurity risk.\nThe chief executive may ask the applicant for further information or documents to decide the application.\nThe chief executive must grant the travel approval, with or without conditions, or refuse the travel approval.\nIf the chief executive decides to grant the travel approval without conditions, the chief executive must give the applicant a written travel approval.\nIf the chief executive decides to grant the travel approval on conditions, the chief executive must give the applicant—\na written travel approval that includes the conditions; and\nan information notice for the decision to grant the approval on the conditions.\nIf the chief executive decides to refuse to grant the travel approval, the chief executive must give the applicant an information notice for the decision to refuse.\n(sec.181-ssec.1) A person may apply to the chief executive for a travel approval for the movement of a special designated animal.\n(sec.181-ssec.2) The application must be in the approved form.\n(sec.181-ssec.3) The chief executive may grant the travel approval only if the chief executive is satisfied that— the special designated animal can be traced under the NLIS; and the movement does not pose a biosecurity risk.\n(sec.181-ssec.4) The chief executive may ask the applicant for further information or documents to decide the application.\n(sec.181-ssec.5) The chief executive must grant the travel approval, with or without conditions, or refuse the travel approval.\n(sec.181-ssec.6) If the chief executive decides to grant the travel approval without conditions, the chief executive must give the applicant a written travel approval.\n(sec.181-ssec.7) If the chief executive decides to grant the travel approval on conditions, the chief executive must give the applicant— a written travel approval that includes the conditions; and an information notice for the decision to grant the approval on the conditions.\n(sec.181-ssec.8) If the chief executive decides to refuse to grant the travel approval, the chief executive must give the applicant an information notice for the decision to refuse.\n- (a) the special designated animal can be traced under the NLIS; and\n- (b) the movement does not pose a biosecurity risk.\n- (a) a written travel approval that includes the conditions; and\n- (b) an information notice for the decision to grant the approval on the conditions.","sortOrder":250},{"sectionNumber":"sec.182","sectionType":"section","heading":"Failure to decide travel approval application","content":"### sec.182 Failure to decide travel approval application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide an application under section 181 within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if the chief executive has, under section 181 (4) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.182-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide an application under section 181 within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.182-ssec.2) Subsection (3) applies if the chief executive has, under section 181 (4) , required the applicant to give the chief executive further information or a document.\n(sec.182-ssec.3) The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.182-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.","sortOrder":251},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Receiving special designated animals","content":"## Receiving special designated animals","sortOrder":252},{"sectionNumber":"sec.183","sectionType":"section","heading":"Definitions for div 3","content":"### sec.183 Definitions for div 3\n\nIn this division—\nprescribed information means the information prescribed under a regulation for a reporting requirement.\nreporting requirement means a requirement under this division to give the NLIS administrator information about a special designated animal.\nrestricted agricultural show means an agricultural show to which at least 1 of the following apply—\nthe duration of the agricultural show is no more than 96 hours;\nthere are not more than 500 special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show at any 1 time;\nall special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show have most recently been kept at the same place.\n- (a) the duration of the agricultural show is no more than 96 hours;\n- (b) there are not more than 500 special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show at any 1 time;\n- (c) all special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show have most recently been kept at the same place.","sortOrder":253},{"sectionNumber":"sec.184","sectionType":"section","heading":"Meaning of moving from another place","content":"### sec.184 Meaning of moving from another place\n\nA reference in this division to a person taking delivery at a place of an animal that has been moved to the place from another place includes a reference to an animal that has been moved to the place where delivery is taken on a movement that did not involve its delivery to any other person.\nAn animal is moved along stock routes and is returned to the place where it started.","sortOrder":254},{"sectionNumber":"sec.185","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.185 Application of sdiv 2\n\nThis subdivision applies if—\na person (the receiver ) takes delivery at a place of a special designated animal that has been moved to the place from another place; and\nunder the approved device requirement, the animal was required, for the movement, to be fitted with an approved device; and\non the taking of delivery of the animal, the receiver is, or becomes, a registrable biosecurity entity for the keeping of the animal.\n- (a) a person (the receiver ) takes delivery at a place of a special designated animal that has been moved to the place from another place; and\n- (b) under the approved device requirement, the animal was required, for the movement, to be fitted with an approved device; and\n- (c) on the taking of delivery of the animal, the receiver is, or becomes, a registrable biosecurity entity for the keeping of the animal.","sortOrder":255},{"sectionNumber":"sec.186","sectionType":"section","heading":"Special designated animal delivered to meat processing facility","content":"### sec.186 Special designated animal delivered to meat processing facility\n\nIf the receiver takes delivery of the special designated animal at a meat processing facility, the receiver must, unless the receiver has a reasonable excuse—\nwithin 48 hours after taking delivery of the animal at the facility, give the NLIS administrator the prescribed information; and\nwithin 48 hours after the slaughter of the animal, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nSubsection (1) (a) does not apply if, on taking delivery of the animal at the meat processing facility, the receiver reasonably expects the animal to be slaughtered within 5 days after its arrival.\nFor changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\nFor other exceptions to the reporting requirement under this section, see section 192 .\n(sec.186-ssec.1) If the receiver takes delivery of the special designated animal at a meat processing facility, the receiver must, unless the receiver has a reasonable excuse— within 48 hours after taking delivery of the animal at the facility, give the NLIS administrator the prescribed information; and within 48 hours after the slaughter of the animal, give the NLIS administrator the prescribed information. Maximum penalty—100 penalty units.\n(sec.186-ssec.2) Subsection (1) (a) does not apply if, on taking delivery of the animal at the meat processing facility, the receiver reasonably expects the animal to be slaughtered within 5 days after its arrival. For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 . For other exceptions to the reporting requirement under this section, see section 192 .\n- (a) within 48 hours after taking delivery of the animal at the facility, give the NLIS administrator the prescribed information; and\n- (b) within 48 hours after the slaughter of the animal, give the NLIS administrator the prescribed information.\n- 1 For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\n- 2 For other exceptions to the reporting requirement under this section, see section 192 .","sortOrder":256},{"sectionNumber":"sec.187","sectionType":"section","heading":"Special designated animal delivered to saleyard or live export holding          ","content":"### sec.187 Special designated animal delivered to saleyard or live export holding          \n\nIf the receiver takes delivery of the special designated animal at a saleyard or live export holding, the receiver must, unless the receiver has a reasonable excuse—\nwithin 48 hours after taking delivery of the animal at the saleyard or live export holding, give the NLIS administrator the prescribed information; and\nwithin 48 hours after the animal is moved from the saleyard or from the live export holding to a place outside Australia, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nFor changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\nFor exceptions to the reporting requirement under this section, see section 192 .\n- (a) within 48 hours after taking delivery of the animal at the saleyard or live export holding, give the NLIS administrator the prescribed information; and\n- (b) within 48 hours after the animal is moved from the saleyard or from the live export holding to a place outside Australia, give the NLIS administrator the prescribed information.\n- 1 For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\n- 2 For exceptions to the reporting requirement under this section, see section 192 .","sortOrder":257},{"sectionNumber":"sec.188","sectionType":"section","heading":"Special designated animal delivered to restricted agricultural show          ","content":"### sec.188 Special designated animal delivered to restricted agricultural show          \n\nThis section applies if—\nthe special designated animal is fitted with an approved device that includes a microchip; and\nthe receiver takes delivery of the animal in the receiver’s capacity as an entity that organises or otherwise holds an event that is a restricted agricultural show; and\nthe animal will remain at the restricted agricultural show only for the period reasonably necessary for the animal’s use in the restricted agricultural show, unless the receiver has a reasonable excuse for keeping the animal at the restricted agricultural show for a longer period.\nThe receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nFor changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\nFor exceptions to the reporting requirement under this section, see section 192 .\n(sec.188-ssec.1) This section applies if— the special designated animal is fitted with an approved device that includes a microchip; and the receiver takes delivery of the animal in the receiver’s capacity as an entity that organises or otherwise holds an event that is a restricted agricultural show; and the animal will remain at the restricted agricultural show only for the period reasonably necessary for the animal’s use in the restricted agricultural show, unless the receiver has a reasonable excuse for keeping the animal at the restricted agricultural show for a longer period.\n(sec.188-ssec.2) The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information. Maximum penalty—100 penalty units. For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 . For exceptions to the reporting requirement under this section, see section 192 .\n- (a) the special designated animal is fitted with an approved device that includes a microchip; and\n- (b) the receiver takes delivery of the animal in the receiver’s capacity as an entity that organises or otherwise holds an event that is a restricted agricultural show; and\n- (c) the animal will remain at the restricted agricultural show only for the period reasonably necessary for the animal’s use in the restricted agricultural show, unless the receiver has a reasonable excuse for keeping the animal at the restricted agricultural show for a longer period.\n- 1 For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\n- 2 For exceptions to the reporting requirement under this section, see section 192 .","sortOrder":258},{"sectionNumber":"sec.189","sectionType":"section","heading":"Special designated animal moved from restricted agricultural show          ","content":"### sec.189 Special designated animal moved from restricted agricultural show          \n\nThis section applies if—\nthe special designated animal is fitted with an approved device that includes a microchip; and\nthe receiver takes delivery of the animal at the place and the place is not a show place; and\nthe animal has been moved to the place from a show place (the relevant show place ).\nThe receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nHowever, the receiver is not required to comply with subsection (2) if the special designated animal leaves the relevant show place and returns to the place where the animal was most recently kept before it was present at any show place.\nFor changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\nFor other exceptions to the reporting requirement under this section, see section 192 .\nIn this section—\nshow place means a place for the holding of a restricted agricultural show.\n(sec.189-ssec.1) This section applies if— the special designated animal is fitted with an approved device that includes a microchip; and the receiver takes delivery of the animal at the place and the place is not a show place; and the animal has been moved to the place from a show place (the relevant show place ).\n(sec.189-ssec.2) The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information. Maximum penalty—100 penalty units.\n(sec.189-ssec.3) However, the receiver is not required to comply with subsection (2) if the special designated animal leaves the relevant show place and returns to the place where the animal was most recently kept before it was present at any show place. For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 . For other exceptions to the reporting requirement under this section, see section 192 .\n(sec.189-ssec.4) In this section— show place means a place for the holding of a restricted agricultural show.\n- (a) the special designated animal is fitted with an approved device that includes a microchip; and\n- (b) the receiver takes delivery of the animal at the place and the place is not a show place; and\n- (c) the animal has been moved to the place from a show place (the relevant show place ).\n- 1 For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\n- 2 For other exceptions to the reporting requirement under this section, see section 192 .","sortOrder":259},{"sectionNumber":"sec.190","sectionType":"section","heading":"Special designated animal delivered to another place","content":"### sec.190 Special designated animal delivered to another place\n\nThis section does not apply if any of sections 186 to 189 apply.\nIf the receiver takes delivery of the special designated animal at the place, the receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the animal, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nHowever, the receiver is not required to comply with subsection (2) to the extent the receiver takes delivery of the special designated animal in the receiver’s capacity as—\nan owner or occupier of the place that is a place on which the animal is agisted if the owner or occupier is not the owner of the animal; or\na conveyor or drover of the animal.\nIf subsection (3) applies, the responsible person for the special designated animal must, unless the responsible person has a reasonable excuse, within 48 hours after the receiver takes delivery of the animal, give the NLIS administrator the prescribed information.\nMaximum penalty—100 penalty units.\nFor changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\nFor other exceptions to the reporting requirement under this section, see section 192 .\nIn this section—\nresponsible person , for a special designated animal, means the person who at law has title to the animal, or who otherwise has final responsibility for the animal.\n(sec.190-ssec.1) This section does not apply if any of sections 186 to 189 apply.\n(sec.190-ssec.2) If the receiver takes delivery of the special designated animal at the place, the receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the animal, give the NLIS administrator the prescribed information. Maximum penalty—100 penalty units.\n(sec.190-ssec.3) However, the receiver is not required to comply with subsection (2) to the extent the receiver takes delivery of the special designated animal in the receiver’s capacity as— an owner or occupier of the place that is a place on which the animal is agisted if the owner or occupier is not the owner of the animal; or a conveyor or drover of the animal.\n(sec.190-ssec.4) If subsection (3) applies, the responsible person for the special designated animal must, unless the responsible person has a reasonable excuse, within 48 hours after the receiver takes delivery of the animal, give the NLIS administrator the prescribed information. Maximum penalty—100 penalty units. For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 . For other exceptions to the reporting requirement under this section, see section 192 .\n(sec.190-ssec.5) In this section— responsible person , for a special designated animal, means the person who at law has title to the animal, or who otherwise has final responsibility for the animal.\n- (a) an owner or occupier of the place that is a place on which the animal is agisted if the owner or occupier is not the owner of the animal; or\n- (b) a conveyor or drover of the animal.\n- 1 For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191 .\n- 2 For other exceptions to the reporting requirement under this section, see section 192 .","sortOrder":260},{"sectionNumber":"sec.191","sectionType":"section","heading":"Timing for reporting if receiver becomes registrable entity on taking delivery","content":"### sec.191 Timing for reporting if receiver becomes registrable entity on taking delivery\n\nThis section applies if, on the taking of delivery of the special designated animal, the receiver becomes a registrable biosecurity entity for the keeping of the animal but has not yet obtained registration under part 2 of this chapter.\nThe period of 48 hours mentioned in each of sections 186 to 190 does not start until the receiver obtains the registration.\n(sec.191-ssec.1) This section applies if, on the taking of delivery of the special designated animal, the receiver becomes a registrable biosecurity entity for the keeping of the animal but has not yet obtained registration under part 2 of this chapter.\n(sec.191-ssec.2) The period of 48 hours mentioned in each of sections 186 to 190 does not start until the receiver obtains the registration.","sortOrder":261},{"sectionNumber":"sec.192","sectionType":"section","heading":"Exceptions to reporting requirements","content":"### sec.192 Exceptions to reporting requirements\n\nSections 186 to 190 do not apply if—\na person has advised the NLIS administrator of the relevant prescribed information before the special designated animal is moved to or from the place; or\nthe special designated animal, because of the approved device requirement, is required to be fitted with a suitable approved device that includes a microchip but the animal is not fitted with the device before the receiver takes delivery of the animal at the place.\n- (a) a person has advised the NLIS administrator of the relevant prescribed information before the special designated animal is moved to or from the place; or\n- (b) the special designated animal, because of the approved device requirement, is required to be fitted with a suitable approved device that includes a microchip but the animal is not fitted with the device before the receiver takes delivery of the animal at the place.","sortOrder":262},{"sectionNumber":"sec.193","sectionType":"section","heading":"Particular special designated animal not fitted with suitable approved device","content":"### sec.193 Particular special designated animal not fitted with suitable approved device\n\nThis section applies if—\na person (the relevant person ) takes delivery at a place of a special designated animal that has been moved from another place; and\nbecause of the approved device requirement, the animal should have been fitted with a suitable approved device at some time before the relevant person took delivery; and\nthe animal is not fitted with a suitable approved device.\nThe relevant person must, within 24 hours after taking delivery of the special designated animal, and unless the relevant person has a reasonable excuse, advise an inspector of the circumstances mentioned in subsection (1) .\nMaximum penalty—100 penalty units.\nThe relevant person must comply with all reasonable directions the inspector gives the relevant person for ensuring appropriate identification of the special designated animal unless the relevant person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nWithout limiting subsection (3) , reasonable directions may include a direction for the relevant person to fit the special designated animal with an approved device.\nA person is not required to comply with subsection (2) to the extent the person takes delivery of the special designated animal in the person’s capacity as a conveyor or drover of the animal.\nIt is not a reasonable excuse for the relevant person to fail to comply with subsection (2) or (3) that the relevant person is not a registered biosecurity entity for the keeping of the special designated animal.\n(sec.193-ssec.1) This section applies if— a person (the relevant person ) takes delivery at a place of a special designated animal that has been moved from another place; and because of the approved device requirement, the animal should have been fitted with a suitable approved device at some time before the relevant person took delivery; and the animal is not fitted with a suitable approved device.\n(sec.193-ssec.2) The relevant person must, within 24 hours after taking delivery of the special designated animal, and unless the relevant person has a reasonable excuse, advise an inspector of the circumstances mentioned in subsection (1) . Maximum penalty—100 penalty units.\n(sec.193-ssec.3) The relevant person must comply with all reasonable directions the inspector gives the relevant person for ensuring appropriate identification of the special designated animal unless the relevant person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.193-ssec.4) Without limiting subsection (3) , reasonable directions may include a direction for the relevant person to fit the special designated animal with an approved device.\n(sec.193-ssec.5) A person is not required to comply with subsection (2) to the extent the person takes delivery of the special designated animal in the person’s capacity as a conveyor or drover of the animal.\n(sec.193-ssec.6) It is not a reasonable excuse for the relevant person to fail to comply with subsection (2) or (3) that the relevant person is not a registered biosecurity entity for the keeping of the special designated animal.\n- (a) a person (the relevant person ) takes delivery at a place of a special designated animal that has been moved from another place; and\n- (b) because of the approved device requirement, the animal should have been fitted with a suitable approved device at some time before the relevant person took delivery; and\n- (c) the animal is not fitted with a suitable approved device.","sortOrder":263},{"sectionNumber":"ch.7-pt.3-div.4","sectionType":"division","heading":"Movement records","content":"## Movement records","sortOrder":264},{"sectionNumber":"sec.194","sectionType":"section","heading":"Movement record requirement","content":"### sec.194 Movement record requirement\n\nThis section applies to a person (the relevant person ) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.\nThe relevant person must ensure that, if the animal is moved from the place where the animal is kept—\nthere is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and\nif the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nMaximum penalty—200 penalty units.\nThe relevant person is not required to comply with subsection (2) if—\nthe movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and\nthe movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and\nthe movement does not require a biosecurity instrument permit.\nAlso, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.\nSubsection (5) applies to the conveyor or drover of an animal for a movement if, under this section—\na movement record is required for the movement; and\nthe relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nThe conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nMaximum penalty—200 penalty units.\nA single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.\nA person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\nIn this section—\nexhibited animal authority see the Exhibited Animals Act 2015 , section 29 .\ns 194 amd 2015 No. 5 s 277 ; 2020 No. 3 s 34\n(sec.194-ssec.1) This section applies to a person (the relevant person ) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.\n(sec.194-ssec.2) The relevant person must ensure that, if the animal is moved from the place where the animal is kept— there is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record. Maximum penalty—200 penalty units.\n(sec.194-ssec.3) The relevant person is not required to comply with subsection (2) if— the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and the movement does not require a biosecurity instrument permit.\n(sec.194-ssec.3A) Also, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.\n(sec.194-ssec.4) Subsection (5) applies to the conveyor or drover of an animal for a movement if, under this section— a movement record is required for the movement; and the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n(sec.194-ssec.5) The conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record. Maximum penalty—200 penalty units.\n(sec.194-ssec.6) A single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.\n(sec.194-ssec.7) A person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\n(sec.194-ssec.8) In this section— exhibited animal authority see the Exhibited Animals Act 2015 , section 29 .\n- (a) there is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and\n- (b) if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n- (a) the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and\n- (b) the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and\n- (c) the movement does not require a biosecurity instrument permit.\n- (a) a movement record is required for the movement; and\n- (b) the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.","sortOrder":265},{"sectionNumber":"sec.195","sectionType":"section","heading":"Appropriate form of movement record","content":"### sec.195 Appropriate form of movement record\n\nFor the movement record requirement, a movement record that relates to the movement of a designated animal is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information—\nthe name of the person completing the record;\ndetails sufficient to identify the place from which the designated animal is being moved;\nwhere the designated animal is being moved to, and the name and address of the person who is to receive the animal;\nthe proposed date of the movement of the designated animal;\nthe species and breed of the designated animal;\na description of the designated animal or, if the animal is part of a group of designated animals that are moved from the place where the animals are kept, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\nother information prescribed under a regulation.\nAlso, to be in the appropriate form, a movement record for a designated animal that is a special designated animal must—\nbe signed by the individual completing the record unless the record is created and kept only in electronic form; and\nbear a serial number that is unique for the record; and\nstate the PIC shown on any approved device that does not include a microchip that is fitted to the animal.\nA single document, whether in hard copy or electronic form, may be used for more than 1 movement record if the movements relate to a designated animal other than a special designated animal.\n(sec.195-ssec.1) For the movement record requirement, a movement record that relates to the movement of a designated animal is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information— the name of the person completing the record; details sufficient to identify the place from which the designated animal is being moved; where the designated animal is being moved to, and the name and address of the person who is to receive the animal; the proposed date of the movement of the designated animal; the species and breed of the designated animal; a description of the designated animal or, if the animal is part of a group of designated animals that are moved from the place where the animals are kept, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group; other information prescribed under a regulation.\n(sec.195-ssec.2) Also, to be in the appropriate form, a movement record for a designated animal that is a special designated animal must— be signed by the individual completing the record unless the record is created and kept only in electronic form; and bear a serial number that is unique for the record; and state the PIC shown on any approved device that does not include a microchip that is fitted to the animal.\n(sec.195-ssec.3) A single document, whether in hard copy or electronic form, may be used for more than 1 movement record if the movements relate to a designated animal other than a special designated animal.\n- (a) the name of the person completing the record;\n- (b) details sufficient to identify the place from which the designated animal is being moved;\n- (c) where the designated animal is being moved to, and the name and address of the person who is to receive the animal;\n- (d) the proposed date of the movement of the designated animal;\n- (e) the species and breed of the designated animal;\n- (f) a description of the designated animal or, if the animal is part of a group of designated animals that are moved from the place where the animals are kept, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\n- (g) other information prescribed under a regulation.\n- (a) be signed by the individual completing the record unless the record is created and kept only in electronic form; and\n- (b) bear a serial number that is unique for the record; and\n- (c) state the PIC shown on any approved device that does not include a microchip that is fitted to the animal.","sortOrder":266},{"sectionNumber":"sec.196","sectionType":"section","heading":"Relaxation of movement record requirement for multiple conveyances          ","content":"### sec.196 Relaxation of movement record requirement for multiple conveyances          \n\nNothing in this division is intended to stop 2 or more special designated animals being included in the 1 movement record if all the animals are conveyed between the same places at the same time.\nHowever, subject to subsections (3) to (6) , special designated animals may be conveyed under a single movement record even though there are 2 or more conveyances.\nAll the special designated animals must leave the same starting point within a period of 24 hours.\nThe driver of each vehicle conveying any of the special designated animals must carry a certificate—\neither in hard copy or electronic form; and\nsigned by a person required or authorised to create the movement record unless the certificate is in electronic form.\nThe certificate must—\nstate the number of special designated animals on the vehicle; and\nidentify the movement record relating to the movement of all the special designated animals; and\nstate the start and end points for the movement that are to appear on the movement record.\nThe movement record must be completed before the first of the special designated animals leaves the starting point for the movement.\n(sec.196-ssec.1) Nothing in this division is intended to stop 2 or more special designated animals being included in the 1 movement record if all the animals are conveyed between the same places at the same time.\n(sec.196-ssec.2) However, subject to subsections (3) to (6) , special designated animals may be conveyed under a single movement record even though there are 2 or more conveyances.\n(sec.196-ssec.3) All the special designated animals must leave the same starting point within a period of 24 hours.\n(sec.196-ssec.4) The driver of each vehicle conveying any of the special designated animals must carry a certificate— either in hard copy or electronic form; and signed by a person required or authorised to create the movement record unless the certificate is in electronic form.\n(sec.196-ssec.5) The certificate must— state the number of special designated animals on the vehicle; and identify the movement record relating to the movement of all the special designated animals; and state the start and end points for the movement that are to appear on the movement record.\n(sec.196-ssec.6) The movement record must be completed before the first of the special designated animals leaves the starting point for the movement.\n- (a) either in hard copy or electronic form; and\n- (b) signed by a person required or authorised to create the movement record unless the certificate is in electronic form.\n- (a) state the number of special designated animals on the vehicle; and\n- (b) identify the movement record relating to the movement of all the special designated animals; and\n- (c) state the start and end points for the movement that are to appear on the movement record.","sortOrder":267},{"sectionNumber":"sec.197","sectionType":"section","heading":"Keeping and producing movement record","content":"### sec.197 Keeping and producing movement record\n\nThis section applies to a person (the relevant person ) who is required under the movement record requirement to ensure a movement record is created.\nThe relevant person must, unless the person has a reasonable excuse—\nif the designated animal is a special designated animal—keep a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 5 years after the movement started; or\notherwise—keep the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 2 years after the movement started.\nMaximum penalty—200 penalty units.\nThe relevant person must, at any time in the period that applies under subsection (2) , unless the person has a reasonable excuse, produce the copy, record or, if the record is kept in electronic form, serial number for the electronic record to an inspector for inspection if the inspector asks to see it.\nMaximum penalty—200 penalty units.\ns 197 amd 2020 No. 3 s 35\n(sec.197-ssec.1) This section applies to a person (the relevant person ) who is required under the movement record requirement to ensure a movement record is created.\n(sec.197-ssec.2) The relevant person must, unless the person has a reasonable excuse— if the designated animal is a special designated animal—keep a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 5 years after the movement started; or otherwise—keep the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 2 years after the movement started. Maximum penalty—200 penalty units.\n(sec.197-ssec.3) The relevant person must, at any time in the period that applies under subsection (2) , unless the person has a reasonable excuse, produce the copy, record or, if the record is kept in electronic form, serial number for the electronic record to an inspector for inspection if the inspector asks to see it. Maximum penalty—200 penalty units.\n- (a) if the designated animal is a special designated animal—keep a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 5 years after the movement started; or\n- (b) otherwise—keep the movement record or, if the record is kept in electronic form, the serial number for the electronic record, for 2 years after the movement started.","sortOrder":268},{"sectionNumber":"sec.198","sectionType":"section","heading":"Movement record for receiving designated animal","content":"### sec.198 Movement record for receiving designated animal\n\nSubsections (2) and (3) apply if—\na designated animal is moved from 1 place to another; and\nunder this division, a movement record is required to be completed for the movement; and\nthe relevant person under the movement record requirement is required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nA person must not accept delivery of the animal, or, if the movement record requirement is relaxed under section 196 , must not accept delivery of the animals, at the completion of the movement, unless the person also takes delivery of a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nMaximum penalty—200 penalty units.\nA person who takes delivery of a copy of a movement record or the serial number for a record as required under subsection (2) must keep the copy or the serial number for 5 years after the movement started.\nMaximum penalty—200 penalty units.\nSubsection (5) applies if—\na designated animal is moved from 1 place to another; and\nunder this division, a movement record is required to be created for the movement; and\nthe relevant person under the movement record requirement is not required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\nA person who accepts delivery of the animal at the end of the movement must create, and keep for 2 years after the movement started, a record complying with subsection (6) .\nMaximum penalty—200 penalty units.\nThe record may be a document in hard copy or electronic form and must show the following—\nthe name of the person completing the record;\ndetails sufficient to identify the place from which the designated animal was moved;\nwhere the animal was moved to, and the name and address of the person who received the animal;\nwhen the movement of the animal happened;\nthe species and breed of the animal;\na description of the designated animal or, if the animal is part of a group of designated animals that are moved, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\nother information prescribed under a regulation.\nA person required to keep the copy of a movement record or serial number for a record for a period under subsection (3) , or a record or serial number for a record for a period under subsection (5) , must, at any time in the period, produce the copy, record or serial number for the record to an inspector for inspection if the inspector asks to see it.\nMaximum penalty—200 penalty units.\nA person who fails to comply with subsection (2) , (3) , (5) or (7) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\nA person is not required to comply with subsection (5) if the person accepts delivery of the animal in the person’s capacity as a person having responsibility for the organisation and operation of an agricultural show and is required under section 199 to keep a record in relation to the animal.\ns 198 amd 2020 No. 3 s 36\n(sec.198-ssec.1) Subsections (2) and (3) apply if— a designated animal is moved from 1 place to another; and under this division, a movement record is required to be completed for the movement; and the relevant person under the movement record requirement is required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n(sec.198-ssec.2) A person must not accept delivery of the animal, or, if the movement record requirement is relaxed under section 196 , must not accept delivery of the animals, at the completion of the movement, unless the person also takes delivery of a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record. Maximum penalty—200 penalty units.\n(sec.198-ssec.3) A person who takes delivery of a copy of a movement record or the serial number for a record as required under subsection (2) must keep the copy or the serial number for 5 years after the movement started. Maximum penalty—200 penalty units.\n(sec.198-ssec.4) Subsection (5) applies if— a designated animal is moved from 1 place to another; and under this division, a movement record is required to be created for the movement; and the relevant person under the movement record requirement is not required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n(sec.198-ssec.5) A person who accepts delivery of the animal at the end of the movement must create, and keep for 2 years after the movement started, a record complying with subsection (6) . Maximum penalty—200 penalty units.\n(sec.198-ssec.6) The record may be a document in hard copy or electronic form and must show the following— the name of the person completing the record; details sufficient to identify the place from which the designated animal was moved; where the animal was moved to, and the name and address of the person who received the animal; when the movement of the animal happened; the species and breed of the animal; a description of the designated animal or, if the animal is part of a group of designated animals that are moved, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group; other information prescribed under a regulation.\n(sec.198-ssec.7) A person required to keep the copy of a movement record or serial number for a record for a period under subsection (3) , or a record or serial number for a record for a period under subsection (5) , must, at any time in the period, produce the copy, record or serial number for the record to an inspector for inspection if the inspector asks to see it. Maximum penalty—200 penalty units.\n(sec.198-ssec.8) A person who fails to comply with subsection (2) , (3) , (5) or (7) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\n(sec.198-ssec.9) A person is not required to comply with subsection (5) if the person accepts delivery of the animal in the person’s capacity as a person having responsibility for the organisation and operation of an agricultural show and is required under section 199 to keep a record in relation to the animal.\n- (a) a designated animal is moved from 1 place to another; and\n- (b) under this division, a movement record is required to be completed for the movement; and\n- (c) the relevant person under the movement record requirement is required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n- (a) a designated animal is moved from 1 place to another; and\n- (b) under this division, a movement record is required to be created for the movement; and\n- (c) the relevant person under the movement record requirement is not required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.\n- (a) the name of the person completing the record;\n- (b) details sufficient to identify the place from which the designated animal was moved;\n- (c) where the animal was moved to, and the name and address of the person who received the animal;\n- (d) when the movement of the animal happened;\n- (e) the species and breed of the animal;\n- (f) a description of the designated animal or, if the animal is part of a group of designated animals that are moved, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\n- (g) other information prescribed under a regulation.","sortOrder":269},{"sectionNumber":"sec.199","sectionType":"section","heading":"Show organiser to record designated animal movements","content":"### sec.199 Show organiser to record designated animal movements\n\nA person (the relevant person ) having responsibility for the organisation and operation of an agricultural show must keep, for 2 years after a designated animal arrives at the agricultural show, a record in the appropriate form for the designated animal.\nMaximum penalty—200 penalty units.\nFor subsection (1) , a record is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information for a designated animal—\nwhere the designated animal came from;\nwhen the designated animal arrived at the agricultural show;\nwhen the designated animal left the agricultural show;\na description of the designated animal or, if the animal is part of a group of designated animals that arrived at the agricultural show, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\nthe name and address of the person who kept the designated animal immediately before the animal arrived at the agricultural show;\nthe name and address of the person who will be keeping the designated animal immediately after the animal leaves the agricultural show;\nfor a designated animal fitted with an approved device that does not include a microchip—the PIC shown on the device for the animal;\nfor a designated animal that participated in an event at the agricultural show—the date of the event.\nThe relevant person is required to comply with subsection (1) whether or not the person is a registrable biosecurity entity for the keeping of the designated animal, and whether or not the person is required to comply with the movement record requirement for any movement of the designated animal.\nA person who fails to comply with subsection (1) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\nThis section applies to a designated animal that is caused to be present at the agricultural show at any time for the purpose, whether or not the purpose is fulfilled, of being exhibited at the show or of participating in an event at the show.\n(sec.199-ssec.1) A person (the relevant person ) having responsibility for the organisation and operation of an agricultural show must keep, for 2 years after a designated animal arrives at the agricultural show, a record in the appropriate form for the designated animal. Maximum penalty—200 penalty units.\n(sec.199-ssec.2) For subsection (1) , a record is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information for a designated animal— where the designated animal came from; when the designated animal arrived at the agricultural show; when the designated animal left the agricultural show; a description of the designated animal or, if the animal is part of a group of designated animals that arrived at the agricultural show, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group; the name and address of the person who kept the designated animal immediately before the animal arrived at the agricultural show; the name and address of the person who will be keeping the designated animal immediately after the animal leaves the agricultural show; for a designated animal fitted with an approved device that does not include a microchip—the PIC shown on the device for the animal; for a designated animal that participated in an event at the agricultural show—the date of the event.\n(sec.199-ssec.3) The relevant person is required to comply with subsection (1) whether or not the person is a registrable biosecurity entity for the keeping of the designated animal, and whether or not the person is required to comply with the movement record requirement for any movement of the designated animal.\n(sec.199-ssec.4) A person who fails to comply with subsection (1) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.\n(sec.199-ssec.5) This section applies to a designated animal that is caused to be present at the agricultural show at any time for the purpose, whether or not the purpose is fulfilled, of being exhibited at the show or of participating in an event at the show.\n- (a) where the designated animal came from;\n- (b) when the designated animal arrived at the agricultural show;\n- (c) when the designated animal left the agricultural show;\n- (d) a description of the designated animal or, if the animal is part of a group of designated animals that arrived at the agricultural show, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;\n- (e) the name and address of the person who kept the designated animal immediately before the animal arrived at the agricultural show;\n- (f) the name and address of the person who will be keeping the designated animal immediately after the animal leaves the agricultural show;\n- (g) for a designated animal fitted with an approved device that does not include a microchip—the PIC shown on the device for the animal;\n- (h) for a designated animal that participated in an event at the agricultural show—the date of the event.","sortOrder":270},{"sectionNumber":"sec.200","sectionType":"section","heading":"False, misleading or incomplete movement record","content":"### sec.200 False, misleading or incomplete movement record\n\nA person who is required under the movement record requirement to ensure a movement record is created must, unless the person has a reasonable excuse, ensure the movement record does not contain information that the person knows or ought reasonably to know is false, misleading or incomplete in a material particular.\nMaximum penalty—200 penalty units.","sortOrder":271},{"sectionNumber":"ch.7-pt.3-div.5","sectionType":"division","heading":"Other requirements for approved devices","content":"## Other requirements for approved devices","sortOrder":272},{"sectionNumber":"sec.201","sectionType":"section","heading":"Supply of device for use as an approved device","content":"### sec.201 Supply of device for use as an approved device\n\nA person must not supply to another person a device of any kind for use as an approved device if the person knows, or ought reasonably to know, the device is not an approved device.\nMaximum penalty—200 penalty units.\nThe chief executive’s specifications for a type of device require the PIC of the place where an animal is to be kept to be recorded on the type of device but a device of that type is supplied without the PIC recorded.\nA person (the supplier ) must not supply to another person (the purchaser ), other than the State, a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.\nMaximum penalty—200 penalty units.\nA person (also the purchaser ) must not receive from another person (also the supplier ) a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.\nMaximum penalty—200 penalty units.\nA person (also the supplier ) who supplies to another person (also the purchaser ), other than the State, a device of any kind for use as an approved device must—\nmake a record of the following information—\nthe name and address of the purchaser;\nthe day the device was supplied to the purchaser;\nany PIC recorded on or shown by the relevant device;\nif other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total;\nif the written order for the supply of the device has an expiry date—the expiry date; and\nkeep the record for 5 years after the date of supply; and\nat any time in the 5 years mentioned in paragraph (b) , unless the supplier has a reasonable excuse, produce the record to an inspector for inspection if the inspector asks to see it.\nMaximum penalty—200 penalty units.\n(sec.201-ssec.1) A person must not supply to another person a device of any kind for use as an approved device if the person knows, or ought reasonably to know, the device is not an approved device. Maximum penalty—200 penalty units. The chief executive’s specifications for a type of device require the PIC of the place where an animal is to be kept to be recorded on the type of device but a device of that type is supplied without the PIC recorded.\n(sec.201-ssec.2) A person (the supplier ) must not supply to another person (the purchaser ), other than the State, a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device. Maximum penalty—200 penalty units.\n(sec.201-ssec.3) A person (also the purchaser ) must not receive from another person (also the supplier ) a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device. Maximum penalty—200 penalty units.\n(sec.201-ssec.4) A person (also the supplier ) who supplies to another person (also the purchaser ), other than the State, a device of any kind for use as an approved device must— make a record of the following information— the name and address of the purchaser; the day the device was supplied to the purchaser; any PIC recorded on or shown by the relevant device; if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total; if the written order for the supply of the device has an expiry date—the expiry date; and keep the record for 5 years after the date of supply; and at any time in the 5 years mentioned in paragraph (b) , unless the supplier has a reasonable excuse, produce the record to an inspector for inspection if the inspector asks to see it. Maximum penalty—200 penalty units.\n- (a) make a record of the following information— (i) the name and address of the purchaser; (ii) the day the device was supplied to the purchaser; (iii) any PIC recorded on or shown by the relevant device; (iv) if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total; (v) if the written order for the supply of the device has an expiry date—the expiry date; and\n- (i) the name and address of the purchaser;\n- (ii) the day the device was supplied to the purchaser;\n- (iii) any PIC recorded on or shown by the relevant device;\n- (iv) if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total;\n- (v) if the written order for the supply of the device has an expiry date—the expiry date; and\n- (b) keep the record for 5 years after the date of supply; and\n- (c) at any time in the 5 years mentioned in paragraph (b) , unless the supplier has a reasonable excuse, produce the record to an inspector for inspection if the inspector asks to see it.\n- (i) the name and address of the purchaser;\n- (ii) the day the device was supplied to the purchaser;\n- (iii) any PIC recorded on or shown by the relevant device;\n- (iv) if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total;\n- (v) if the written order for the supply of the device has an expiry date—the expiry date; and","sortOrder":273},{"sectionNumber":"sec.202","sectionType":"section","heading":"Restriction on applying or removing approved device","content":"### sec.202 Restriction on applying or removing approved device\n\nA person must not fit an approved device (the new approved device ) to a special designated animal that is already fitted with an approved device (the existing approved device ) that is in the form of a tag unless—\nthe existing approved device is first removed from the special designated animal as authorised under this section; or\nunder the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.\nMaximum penalty—100 penalty units.\nA person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if—\nan inspector authorises the removal; or\nthe device is malfunctioning and needs to be replaced; or\nunder the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or\nthe removal is part of the process of slaughtering the special designated animal at a meat processing facility; or\nthe special designated animal is dead and the animal’s owner removes the tag; or\nthe removal of the device is authorised under a regulation.\nA person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2) .\nMaximum penalty—100 penalty units.\nSubsection (5) applies to a person if—\nthe person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and\na suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.\nThe person must, within 48 hours after removing the existing approved device, advise the NLIS administrator of—\nthe serial number of the new approved device; and\nif the existing approved device includes a microchip—the RFID number of the microchip; and\nthe PIC of the place where there is kept the special designated animal to which the device is to be fitted.\nMaximum penalty—100 penalty units.\n(sec.202-ssec.1) A person must not fit an approved device (the new approved device ) to a special designated animal that is already fitted with an approved device (the existing approved device ) that is in the form of a tag unless— the existing approved device is first removed from the special designated animal as authorised under this section; or under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device. Maximum penalty—100 penalty units.\n(sec.202-ssec.2) A person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if— an inspector authorises the removal; or the device is malfunctioning and needs to be replaced; or under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or the special designated animal is dead and the animal’s owner removes the tag; or the removal of the device is authorised under a regulation.\n(sec.202-ssec.3) A person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2) . Maximum penalty—100 penalty units.\n(sec.202-ssec.4) Subsection (5) applies to a person if— the person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and a suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.\n(sec.202-ssec.5) The person must, within 48 hours after removing the existing approved device, advise the NLIS administrator of— the serial number of the new approved device; and if the existing approved device includes a microchip—the RFID number of the microchip; and the PIC of the place where there is kept the special designated animal to which the device is to be fitted. Maximum penalty—100 penalty units.\n- (a) the existing approved device is first removed from the special designated animal as authorised under this section; or\n- (b) under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.\n- (a) an inspector authorises the removal; or\n- (b) the device is malfunctioning and needs to be replaced; or\n- (c) under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or\n- (d) the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or\n- (e) the special designated animal is dead and the animal’s owner removes the tag; or\n- (f) the removal of the device is authorised under a regulation.\n- (a) the person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and\n- (b) a suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.\n- (a) the serial number of the new approved device; and\n- (b) if the existing approved device includes a microchip—the RFID number of the microchip; and\n- (c) the PIC of the place where there is kept the special designated animal to which the device is to be fitted.","sortOrder":274},{"sectionNumber":"sec.203","sectionType":"section","heading":"Restrictions on altering, defacing or destroying approved device","content":"### sec.203 Restrictions on altering, defacing or destroying approved device\n\nA person must not alter or deface an approved device or allow an approved device to be altered or defaced, unless—\nthe alteration or defacing happens because of the removal of the device from a special designated animal; and\nthe removal is permitted or required under this Act.\nMaximum penalty—200 penalty units.\nA person must not destroy an approved device, or allow an approved device to be destroyed, unless—\nthe destruction happens because of the removal of the device from a special designated animal and the removal is permitted or required under this Act; or\nthe destruction—\nhappens before the device is fitted to any special designated animal; or\nis otherwise permitted or required under this Act.\nMaximum penalty—200 penalty units.\nA person does not commit an offence against subsection (1) if the person has a reasonable excuse for performing or allowing the alteration or defacement.\nIn this section—\nalter , an approved device, includes, for an approved device that is in the form of an electronic tag, doing anything that causes the device to malfunction.\n(sec.203-ssec.1) A person must not alter or deface an approved device or allow an approved device to be altered or defaced, unless— the alteration or defacing happens because of the removal of the device from a special designated animal; and the removal is permitted or required under this Act. Maximum penalty—200 penalty units.\n(sec.203-ssec.2) A person must not destroy an approved device, or allow an approved device to be destroyed, unless— the destruction happens because of the removal of the device from a special designated animal and the removal is permitted or required under this Act; or the destruction— happens before the device is fitted to any special designated animal; or is otherwise permitted or required under this Act. Maximum penalty—200 penalty units.\n(sec.203-ssec.3) A person does not commit an offence against subsection (1) if the person has a reasonable excuse for performing or allowing the alteration or defacement.\n(sec.203-ssec.4) In this section— alter , an approved device, includes, for an approved device that is in the form of an electronic tag, doing anything that causes the device to malfunction.\n- (a) the alteration or defacing happens because of the removal of the device from a special designated animal; and\n- (b) the removal is permitted or required under this Act.\n- (a) the destruction happens because of the removal of the device from a special designated animal and the removal is permitted or required under this Act; or\n- (b) the destruction— (i) happens before the device is fitted to any special designated animal; or (ii) is otherwise permitted or required under this Act.\n- (i) happens before the device is fitted to any special designated animal; or\n- (ii) is otherwise permitted or required under this Act.\n- (i) happens before the device is fitted to any special designated animal; or\n- (ii) is otherwise permitted or required under this Act.","sortOrder":275},{"sectionNumber":"sec.204","sectionType":"section","heading":"Requirement to destroy removed approved device","content":"### sec.204 Requirement to destroy removed approved device\n\nThis section applies if a person, as permitted or required under this Act, removes from a special designated animal an approved device fitted to the animal.\nThe person must, as soon as reasonably practicable after the removal, destroy the approved device.\nMaximum penalty—100 penalty units.\nHowever, if the specifications decided by the chief executive for the approved device allow for the recycling or re-use of the device, the person does not commit an offence against subsection (2) if the person, within a reasonable period, takes steps to recycle or re-use the device in compliance with any requirements stated in the specifications.\nIf, having regard to subsection (3) the approved device is not destroyed as otherwise required under subsection (2) , the person must, until the approved device is recycled or re-used, take reasonable steps to ensure the device is kept secure against theft.\nMaximum penalty—100 penalty units.\n(sec.204-ssec.1) This section applies if a person, as permitted or required under this Act, removes from a special designated animal an approved device fitted to the animal.\n(sec.204-ssec.2) The person must, as soon as reasonably practicable after the removal, destroy the approved device. Maximum penalty—100 penalty units.\n(sec.204-ssec.3) However, if the specifications decided by the chief executive for the approved device allow for the recycling or re-use of the device, the person does not commit an offence against subsection (2) if the person, within a reasonable period, takes steps to recycle or re-use the device in compliance with any requirements stated in the specifications.\n(sec.204-ssec.4) If, having regard to subsection (3) the approved device is not destroyed as otherwise required under subsection (2) , the person must, until the approved device is recycled or re-used, take reasonable steps to ensure the device is kept secure against theft. Maximum penalty—100 penalty units.","sortOrder":276},{"sectionNumber":"sec.205","sectionType":"section","heading":"Approval to use different PIC for approved device for special designated animal","content":"### sec.205 Approval to use different PIC for approved device for special designated animal\n\nA registered biosecurity entity for the keeping of special designated animals, other than the operator of a saleyard, may apply to the chief executive for approval for the approved devices that are to be fitted to the animals to have recorded on them the PIC of a place other than the place where the special designated animals are kept.\nThe application must be written and state the serial numbers of the approved devices.\nThe chief executive must advise the applicant of the chief executive’s decision on the application, and if the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.\n(sec.205-ssec.1) A registered biosecurity entity for the keeping of special designated animals, other than the operator of a saleyard, may apply to the chief executive for approval for the approved devices that are to be fitted to the animals to have recorded on them the PIC of a place other than the place where the special designated animals are kept.\n(sec.205-ssec.2) The application must be written and state the serial numbers of the approved devices.\n(sec.205-ssec.3) The chief executive must advise the applicant of the chief executive’s decision on the application, and if the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.","sortOrder":277},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":278},{"sectionNumber":"sec.206","sectionType":"section","heading":"Evidentiary certificates for biosecurity register and NLIS database             ","content":"### sec.206 Evidentiary certificates for biosecurity register and NLIS database             \n\nThis section applies to a proceeding under or relating to this Act.\nA certificate purporting to be signed by the chief executive stating that a stated document is a copy of all or part of any of the following on a stated day or during a stated period, is evidence of the matters stated in the document on the day or during the period—\nthe biosecurity register;\nthe database for the NLIS.\n(sec.206-ssec.1) This section applies to a proceeding under or relating to this Act.\n(sec.206-ssec.2) A certificate purporting to be signed by the chief executive stating that a stated document is a copy of all or part of any of the following on a stated day or during a stated period, is evidence of the matters stated in the document on the day or during the period— the biosecurity register; the database for the NLIS.\n- (a) the biosecurity register;\n- (b) the database for the NLIS.","sortOrder":279},{"sectionNumber":"sec.207","sectionType":"section","heading":"Person must not give false or misleading information to NLIS administrator","content":"### sec.207 Person must not give false or misleading information to NLIS administrator\n\nA person who under this Act is required to give information to the NLIS administrator must not, unless the person has a reasonable excuse, give the NLIS administrator information that the person knows or ought reasonably to know is false or misleading in a material particular.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.","sortOrder":280},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":281},{"sectionNumber":"sec.208","sectionType":"section","heading":"Issue of prohibited and restricted matter permits","content":"### sec.208 Issue of prohibited and restricted matter permits\n\nThe chief executive may issue prohibited matter permits and restricted matter permits under this chapter.","sortOrder":282},{"sectionNumber":"sec.209","sectionType":"section","heading":"What is a prohibited matter permit","content":"### sec.209 What is a prohibited matter permit\n\nA prohibited matter permit is a permit that authorises stated dealings with stated prohibited matter.","sortOrder":283},{"sectionNumber":"sec.210","sectionType":"section","heading":"What is a restricted matter permit","content":"### sec.210 What is a restricted matter permit\n\nA restricted matter permit is a permit that authorises stated dealings with stated restricted matter.","sortOrder":284},{"sectionNumber":"sec.211","sectionType":"section","heading":"Types of prohibited matter permits","content":"### sec.211 Types of prohibited matter permits\n\nThe only types of prohibited matter permits that the chief executive may issue are the following—\na scientific research (prohibited matter) permit;\na controlled dealings (prohibited matter) permit;\nanother type of prohibited matter permit prescribed under a regulation.\n- (a) a scientific research (prohibited matter) permit;\n- (b) a controlled dealings (prohibited matter) permit;\n- (c) another type of prohibited matter permit prescribed under a regulation.","sortOrder":285},{"sectionNumber":"sec.212","sectionType":"section","heading":"Types of restricted matter permits","content":"### sec.212 Types of restricted matter permits\n\nThe only types of restricted matter permits that the chief executive may issue are the following—\na biological control permit;\na commercial use permit;\na scientific research (restricted matter) permit;\nanother type of restricted matter permit prescribed under a regulation.\n- (a) a biological control permit;\n- (b) a commercial use permit;\n- (c) a scientific research (restricted matter) permit;\n- (d) another type of restricted matter permit prescribed under a regulation.","sortOrder":286},{"sectionNumber":"sec.213","sectionType":"section","heading":"What is a permit plan for prohibited or restricted matter","content":"### sec.213 What is a permit plan for prohibited or restricted matter\n\nA permit plan , for prohibited matter or restricted matter, is a plan given to the chief executive by the applicant for a prohibited matter or restricted matter permit about how the applicant proposes to deal with the prohibited or restricted matter the subject of the proposed permit.\nA permit plan for prohibited or restricted matter must—\nidentify potential biosecurity risks likely to arise because of the proposed dealing with the prohibited or restricted matter under the permit; and\nstate the ways in which the applicant for the permit intends to minimise the biosecurity risks; and\ncontain other information, relating to the control of biosecurity risks, prescribed under a regulation.\nAlso, if a permit plan relates to restricted matter, and the restricted matter would, in the absence of the proposed permit, be required to be disposed of or destroyed, the permit plan must state how the restricted matter is to be disposed of or destroyed before the term of the permit ends.\n(sec.213-ssec.1) A permit plan , for prohibited matter or restricted matter, is a plan given to the chief executive by the applicant for a prohibited matter or restricted matter permit about how the applicant proposes to deal with the prohibited or restricted matter the subject of the proposed permit.\n(sec.213-ssec.2) A permit plan for prohibited or restricted matter must— identify potential biosecurity risks likely to arise because of the proposed dealing with the prohibited or restricted matter under the permit; and state the ways in which the applicant for the permit intends to minimise the biosecurity risks; and contain other information, relating to the control of biosecurity risks, prescribed under a regulation.\n(sec.213-ssec.3) Also, if a permit plan relates to restricted matter, and the restricted matter would, in the absence of the proposed permit, be required to be disposed of or destroyed, the permit plan must state how the restricted matter is to be disposed of or destroyed before the term of the permit ends.\n- (a) identify potential biosecurity risks likely to arise because of the proposed dealing with the prohibited or restricted matter under the permit; and\n- (b) state the ways in which the applicant for the permit intends to minimise the biosecurity risks; and\n- (c) contain other information, relating to the control of biosecurity risks, prescribed under a regulation.","sortOrder":287},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Permit applications","content":"# Permit applications","sortOrder":288},{"sectionNumber":"sec.214","sectionType":"section","heading":"Applying for permit","content":"### sec.214 Applying for permit\n\nA person may apply to the chief executive for a prohibited matter permit or restricted matter permit.\nThe application must—\nbe in the approved form; and\nbe accompanied by—\na permit plan for the prohibited matter or restricted matter under the proposed permit; and\nthe application fee prescribed under a regulation.\nIf the application is for a scientific research (prohibited matter) permit, there must be included with the application—\na document showing that the proposed dealings with prohibited matter will be conducted in a facility that has been approved, certified or registered to perform the dealings by an authority prescribed under a regulation; and\na detailed research proposal.\nThe applicant may withdraw the application at any time before the permit is issued.\nThe application fee that accompanied the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn under this chapter.\nHowever, the chief executive may waive payment of the application fee if—\nthe chief executive is satisfied—\nthe proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and\nthe applicant will not derive any financial benefit from the dealings; and\nthe chief executive will be advised of the progress and outcomes of the dealings; or\nthe chief executive is satisfied there are exceptional circumstances for waiving payment of the fee.\nPayment of the fee would cause, or would be likely to cause, the applicant financial hardship.\ns 214 amd 2024 No. 17 s 95\n(sec.214-ssec.1) A person may apply to the chief executive for a prohibited matter permit or restricted matter permit.\n(sec.214-ssec.2) The application must— be in the approved form; and be accompanied by— a permit plan for the prohibited matter or restricted matter under the proposed permit; and the application fee prescribed under a regulation.\n(sec.214-ssec.3) If the application is for a scientific research (prohibited matter) permit, there must be included with the application— a document showing that the proposed dealings with prohibited matter will be conducted in a facility that has been approved, certified or registered to perform the dealings by an authority prescribed under a regulation; and a detailed research proposal.\n(sec.214-ssec.4) The applicant may withdraw the application at any time before the permit is issued.\n(sec.214-ssec.5) The application fee that accompanied the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn under this chapter.\n(sec.214-ssec.6) However, the chief executive may waive payment of the application fee if— the chief executive is satisfied— the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and the applicant will not derive any financial benefit from the dealings; and the chief executive will be advised of the progress and outcomes of the dealings; or the chief executive is satisfied there are exceptional circumstances for waiving payment of the fee. Payment of the fee would cause, or would be likely to cause, the applicant financial hardship.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) a permit plan for the prohibited matter or restricted matter under the proposed permit; and (ii) the application fee prescribed under a regulation.\n- (i) a permit plan for the prohibited matter or restricted matter under the proposed permit; and\n- (ii) the application fee prescribed under a regulation.\n- (i) a permit plan for the prohibited matter or restricted matter under the proposed permit; and\n- (ii) the application fee prescribed under a regulation.\n- (a) a document showing that the proposed dealings with prohibited matter will be conducted in a facility that has been approved, certified or registered to perform the dealings by an authority prescribed under a regulation; and\n- (b) a detailed research proposal.\n- (a) the chief executive is satisfied— (i) the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and (ii) the applicant will not derive any financial benefit from the dealings; and (iii) the chief executive will be advised of the progress and outcomes of the dealings; or\n- (i) the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and\n- (ii) the applicant will not derive any financial benefit from the dealings; and\n- (iii) the chief executive will be advised of the progress and outcomes of the dealings; or\n- (b) the chief executive is satisfied there are exceptional circumstances for waiving payment of the fee. Example of an exceptional circumstance— Payment of the fee would cause, or would be likely to cause, the applicant financial hardship.\n- (i) the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and\n- (ii) the applicant will not derive any financial benefit from the dealings; and\n- (iii) the chief executive will be advised of the progress and outcomes of the dealings; or","sortOrder":289},{"sectionNumber":"sec.215","sectionType":"section","heading":"Inquiry about application","content":"### sec.215 Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to hold the prohibited matter or restricted matter permit; and\nmay, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.215-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to hold the prohibited matter or restricted matter permit; and may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.215-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.215-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.215-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant to hold the prohibited matter or restricted matter permit; and\n- (b) may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":290},{"sectionNumber":"sec.216","sectionType":"section","heading":"Suitability of person to hold permit","content":"### sec.216 Suitability of person to hold permit\n\nIn deciding whether the applicant is a suitable person to hold the prohibited matter or restricted matter permit, the chief executive may have regard to the following—\nwhether the applicant has been refused a prohibited matter or restricted matter permit under this Act or a similar permit under a repealed Act or a corresponding law to this Act;\nwhether the applicant held a prohibited matter or restricted matter permit under this Act, or a similar permit under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;\nwhether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction;\nany other matter the chief executive considers relevant to the person’s ability to deal with prohibited or restricted matter under the permit applied for, including the applicant’s capacity to comply with any conditions of the permit.\n- (a) whether the applicant has been refused a prohibited matter or restricted matter permit under this Act or a similar permit under a repealed Act or a corresponding law to this Act;\n- (b) whether the applicant held a prohibited matter or restricted matter permit under this Act, or a similar permit under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;\n- (c) whether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction;\n- (d) any other matter the chief executive considers relevant to the person’s ability to deal with prohibited or restricted matter under the permit applied for, including the applicant’s capacity to comply with any conditions of the permit.","sortOrder":291},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Deciding application","content":"# Deciding application","sortOrder":292},{"sectionNumber":"sec.217","sectionType":"section","heading":"Consideration of application","content":"### sec.217 Consideration of application\n\nThe chief executive must consider the application and grant, grant with conditions or refuse to grant the application.","sortOrder":293},{"sectionNumber":"sec.218","sectionType":"section","heading":"Decision on application","content":"### sec.218 Decision on application\n\nIf the chief executive decides to grant the application, the chief executive must issue the permit to the applicant.\nIf the chief executive refuses to grant the application, or agrees to grant the application on conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse or to grant on conditions.\n(sec.218-ssec.1) If the chief executive decides to grant the application, the chief executive must issue the permit to the applicant.\n(sec.218-ssec.2) If the chief executive refuses to grant the application, or agrees to grant the application on conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse or to grant on conditions.","sortOrder":294},{"sectionNumber":"sec.219","sectionType":"section","heading":"Failure to decide application","content":"### sec.219 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for a prohibited matter permit or restricted matter permit; and\nthe chief executive has, under section 215 (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.219-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.219-ssec.2) Subsection (3) applies if— a person has made an application for a prohibited matter permit or restricted matter permit; and the chief executive has, under section 215 (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.219-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.219-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for a prohibited matter permit or restricted matter permit; and\n- (b) the chief executive has, under section 215 (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":295},{"sectionNumber":"sec.220","sectionType":"section","heading":"Criteria for decision","content":"### sec.220 Criteria for decision\n\nThe chief executive may grant the application only if satisfied—\nthe applicant is a suitable person to hold the prohibited matter or restricted matter permit; and\npotential biosecurity risks posed by the proposed dealings with prohibited matter or restricted matter under the permit can be managed under the permit plan for the application in a way that has appropriate regard to biosecurity considerations.\nThe chief executive must also be satisfied—\nif the application is for a scientific research (prohibited matter) permit—the proposed dealings with the prohibited matter will be conducted—\nin a facility that has been approved, certified or registered to perform the dealings; and\nby an authority prescribed under a regulation; or\nif the application is for a controlled dealings (prohibited matter) permit—\nan inspector has been advised, under section 36 , of the presence of biosecurity matter that is prohibited matter; and\nthe proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.\n(sec.220-ssec.1) The chief executive may grant the application only if satisfied— the applicant is a suitable person to hold the prohibited matter or restricted matter permit; and potential biosecurity risks posed by the proposed dealings with prohibited matter or restricted matter under the permit can be managed under the permit plan for the application in a way that has appropriate regard to biosecurity considerations.\n(sec.220-ssec.2) The chief executive must also be satisfied— if the application is for a scientific research (prohibited matter) permit—the proposed dealings with the prohibited matter will be conducted— in a facility that has been approved, certified or registered to perform the dealings; and by an authority prescribed under a regulation; or if the application is for a controlled dealings (prohibited matter) permit— an inspector has been advised, under section 36 , of the presence of biosecurity matter that is prohibited matter; and the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.\n- (a) the applicant is a suitable person to hold the prohibited matter or restricted matter permit; and\n- (b) potential biosecurity risks posed by the proposed dealings with prohibited matter or restricted matter under the permit can be managed under the permit plan for the application in a way that has appropriate regard to biosecurity considerations.\n- (a) if the application is for a scientific research (prohibited matter) permit—the proposed dealings with the prohibited matter will be conducted— (i) in a facility that has been approved, certified or registered to perform the dealings; and (ii) by an authority prescribed under a regulation; or\n- (i) in a facility that has been approved, certified or registered to perform the dealings; and\n- (ii) by an authority prescribed under a regulation; or\n- (b) if the application is for a controlled dealings (prohibited matter) permit— (i) an inspector has been advised, under section 36 , of the presence of biosecurity matter that is prohibited matter; and (ii) the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.\n- (i) an inspector has been advised, under section 36 , of the presence of biosecurity matter that is prohibited matter; and\n- (ii) the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.\n- (i) in a facility that has been approved, certified or registered to perform the dealings; and\n- (ii) by an authority prescribed under a regulation; or\n- (i) an inspector has been advised, under section 36 , of the presence of biosecurity matter that is prohibited matter; and\n- (ii) the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.","sortOrder":296},{"sectionNumber":"sec.221","sectionType":"section","heading":"Particular matters for scientific research (prohibited matter) permit             ","content":"### sec.221 Particular matters for scientific research (prohibited matter) permit             \n\nIn deciding an application for a scientific research (prohibited matter) permit, the chief executive must have regard to the following—\nany standards, codes of practice or guidelines identified under a regulation;\nA regulation might identify an Australian Standard regarding engineering requirements for laboratories or a code of practice regarding calibrations and testing in laboratories.\nthe likelihood of any significant advances in scientific knowledge being gained because of the research to be conducted under the permit;\nother matters relevant to the conduct of scientific research conducted under a prohibited matter permit and prescribed under a regulation.\nSubsection (1) does not limit the matters to which the chief executive may have regard in deciding whether to issue a scientific research (prohibited matter) permit.\n(sec.221-ssec.1) In deciding an application for a scientific research (prohibited matter) permit, the chief executive must have regard to the following— any standards, codes of practice or guidelines identified under a regulation; A regulation might identify an Australian Standard regarding engineering requirements for laboratories or a code of practice regarding calibrations and testing in laboratories. the likelihood of any significant advances in scientific knowledge being gained because of the research to be conducted under the permit; other matters relevant to the conduct of scientific research conducted under a prohibited matter permit and prescribed under a regulation.\n(sec.221-ssec.2) Subsection (1) does not limit the matters to which the chief executive may have regard in deciding whether to issue a scientific research (prohibited matter) permit.\n- (a) any standards, codes of practice or guidelines identified under a regulation; Example— A regulation might identify an Australian Standard regarding engineering requirements for laboratories or a code of practice regarding calibrations and testing in laboratories.\n- (b) the likelihood of any significant advances in scientific knowledge being gained because of the research to be conducted under the permit;\n- (c) other matters relevant to the conduct of scientific research conducted under a prohibited matter permit and prescribed under a regulation.","sortOrder":297},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Term and conditions of permits","content":"# Term and conditions of permits","sortOrder":298},{"sectionNumber":"sec.222","sectionType":"section","heading":"Term of permit","content":"### sec.222 Term of permit\n\nA prohibited matter or restricted matter permit remains in force, unless sooner suspended or cancelled, for the term of not more than 3 years decided by the chief executive and stated in the permit.","sortOrder":299},{"sectionNumber":"sec.223","sectionType":"section","heading":"Conditions of permit decided by the chief executive","content":"### sec.223 Conditions of permit decided by the chief executive\n\nA prohibited matter or restricted matter permit is subject to the conditions decided by the chief executive in deciding to grant the application for the permit or renew the permit.\nThe conditions must be those the chief executive considers appropriate, having regard to—\nthe prohibited matter or restricted matter to which the permit applies; and\nthe nature of the proposed dealings with the prohibited or restricted matter under the permit.\nWithout limiting subsection (2) , conditions may be about any of the following—\nthe required level of containment for the prohibited or restricted matter to which the permit applies;\nthe scope of the permitted dealings with the prohibited or restricted matter;\ndisposal of the prohibited or restricted matter;\nrecord-keeping requirements;\nreporting requirements;\nwhether the permit can be transferred.\nThe conditions decided by the chief executive must be included in the permit when the permit is issued or renewed.\ns 223 amd 2024 No. 17 s 96\n(sec.223-ssec.1) A prohibited matter or restricted matter permit is subject to the conditions decided by the chief executive in deciding to grant the application for the permit or renew the permit.\n(sec.223-ssec.2) The conditions must be those the chief executive considers appropriate, having regard to— the prohibited matter or restricted matter to which the permit applies; and the nature of the proposed dealings with the prohibited or restricted matter under the permit.\n(sec.223-ssec.3) Without limiting subsection (2) , conditions may be about any of the following— the required level of containment for the prohibited or restricted matter to which the permit applies; the scope of the permitted dealings with the prohibited or restricted matter; disposal of the prohibited or restricted matter; record-keeping requirements; reporting requirements; whether the permit can be transferred.\n(sec.223-ssec.4) The conditions decided by the chief executive must be included in the permit when the permit is issued or renewed.\n- (a) the prohibited matter or restricted matter to which the permit applies; and\n- (b) the nature of the proposed dealings with the prohibited or restricted matter under the permit.\n- (a) the required level of containment for the prohibited or restricted matter to which the permit applies;\n- (b) the scope of the permitted dealings with the prohibited or restricted matter;\n- (c) disposal of the prohibited or restricted matter;\n- (d) record-keeping requirements;\n- (e) reporting requirements;\n- (f) whether the permit can be transferred.","sortOrder":300},{"sectionNumber":"sec.224","sectionType":"section","heading":"Other conditions applying to a permit","content":"### sec.224 Other conditions applying to a permit\n\nIt is a condition of a prohibited matter or restricted matter permit that the holder of the permit must allow an authorised officer to enter premises where the dealings under the permit are being undertaken to monitor—\nthe dealings; and\nthe holder’s compliance with the permit and this Act in relation to the dealings.\nA prohibited matter or restricted matter permit is also subject to any conditions prescribed under a regulation and applying to the permit.\nIn this section—\npremises does not include a place where a person resides.\n(sec.224-ssec.1) It is a condition of a prohibited matter or restricted matter permit that the holder of the permit must allow an authorised officer to enter premises where the dealings under the permit are being undertaken to monitor— the dealings; and the holder’s compliance with the permit and this Act in relation to the dealings.\n(sec.224-ssec.2) A prohibited matter or restricted matter permit is also subject to any conditions prescribed under a regulation and applying to the permit.\n(sec.224-ssec.3) In this section— premises does not include a place where a person resides.\n- (a) the dealings; and\n- (b) the holder’s compliance with the permit and this Act in relation to the dealings.","sortOrder":301},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Renewal of permits","content":"# Renewal of permits","sortOrder":302},{"sectionNumber":"sec.225","sectionType":"section","heading":"Application for renewal","content":"### sec.225 Application for renewal\n\nThe holder of a prohibited matter or restricted matter permit may apply to the chief executive for renewal of the permit.\nThe application must—\nbe made within 60 days before the term of the permit ends; and\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\nHowever, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214 (6) (a) or (b) .\nThe chief executive must consider the application and decide to renew, renew with conditions, or refuse to renew, the permit.\nIn deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for a prohibited matter or restricted matter permit is a suitable person to hold a prohibited matter or restricted matter permit.\nIf the chief executive decides to refuse to renew the permit, or to renew the permit with conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision.\nA permit may be renewed by the issuing of another permit to replace it.\ns 225 amd 2024 No. 17 s 97\n(sec.225-ssec.1) The holder of a prohibited matter or restricted matter permit may apply to the chief executive for renewal of the permit.\n(sec.225-ssec.2) The application must— be made within 60 days before the term of the permit ends; and be in the approved form; and be accompanied by the fee prescribed under a regulation.\n(sec.225-ssec.3) However, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214 (6) (a) or (b) .\n(sec.225-ssec.4) The chief executive must consider the application and decide to renew, renew with conditions, or refuse to renew, the permit.\n(sec.225-ssec.5) In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for a prohibited matter or restricted matter permit is a suitable person to hold a prohibited matter or restricted matter permit.\n(sec.225-ssec.6) If the chief executive decides to refuse to renew the permit, or to renew the permit with conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.225-ssec.7) A permit may be renewed by the issuing of another permit to replace it.\n- (a) be made within 60 days before the term of the permit ends; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":303},{"sectionNumber":"sec.226","sectionType":"section","heading":"Inquiry about application","content":"### sec.226 Inquiry about application\n\nBefore deciding an application under this part for renewal of a person’s prohibited matter or restricted matter permit, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.226-ssec.1) Before deciding an application under this part for renewal of a person’s prohibited matter or restricted matter permit, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.226-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.226-ssec.3) A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.226-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":304},{"sectionNumber":"sec.227","sectionType":"section","heading":"Failure to decide application","content":"### sec.227 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for renewal of the person’s prohibited matter or restricted matter permit; and\nthe chief executive has, under section 226 (1) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.227-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.227-ssec.2) Subsection (3) applies if— a person has made an application for renewal of the person’s prohibited matter or restricted matter permit; and the chief executive has, under section 226 (1) , required the applicant to give the chief executive further information or a document.\n(sec.227-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.227-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for renewal of the person’s prohibited matter or restricted matter permit; and\n- (b) the chief executive has, under section 226 (1) , required the applicant to give the chief executive further information or a document.","sortOrder":305},{"sectionNumber":"sec.228","sectionType":"section","heading":"Permit continues pending decision about renewal","content":"### sec.228 Permit continues pending decision about renewal\n\nIf the holder of a prohibited matter or restricted matter permit applies for renewal of the permit under this part, the permit is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\nDespite subsection (1) , if the chief executive decides to refuse to renew the permit, or is taken to refuse to renew the permit, the permit continues in force until the information notice for the decision is given to the applicant.\nSubsection (1) does not apply if the permit is earlier suspended or cancelled.\n(sec.228-ssec.1) If the holder of a prohibited matter or restricted matter permit applies for renewal of the permit under this part, the permit is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\n(sec.228-ssec.2) Despite subsection (1) , if the chief executive decides to refuse to renew the permit, or is taken to refuse to renew the permit, the permit continues in force until the information notice for the decision is given to the applicant.\n(sec.228-ssec.3) Subsection (1) does not apply if the permit is earlier suspended or cancelled.","sortOrder":306},{"sectionNumber":"sec.229","sectionType":"section","heading":"Direction to dispose of prohibited or restricted matter when permit cancelled","content":"### sec.229 Direction to dispose of prohibited or restricted matter when permit cancelled\n\nThis section applies if—\nthe chief executive cancels a prohibited matter or restricted matter permit; and\nthe holder of the permit is in possession of prohibited or restricted matter to which the permit relates.\nThe chief executive may, by notice given to the holder, direct the holder to dispose of the prohibited or restricted matter in the way and by the reasonable date stated in the notice.\nThe permit holder must comply with the notice unless the holder has a reasonable excuse.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nCompensation is not payable for the disposal.\n(sec.229-ssec.1) This section applies if— the chief executive cancels a prohibited matter or restricted matter permit; and the holder of the permit is in possession of prohibited or restricted matter to which the permit relates.\n(sec.229-ssec.2) The chief executive may, by notice given to the holder, direct the holder to dispose of the prohibited or restricted matter in the way and by the reasonable date stated in the notice.\n(sec.229-ssec.3) The permit holder must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.229-ssec.4) Compensation is not payable for the disposal.\n- (a) the chief executive cancels a prohibited matter or restricted matter permit; and\n- (b) the holder of the permit is in possession of prohibited or restricted matter to which the permit relates.","sortOrder":307},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Transfer of permits","content":"# Transfer of permits","sortOrder":308},{"sectionNumber":"sec.230","sectionType":"section","heading":"Transfer of permit","content":"### sec.230 Transfer of permit\n\nThe holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee.\nAn application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable.\nWhether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee.\nThe chief executive must consider an application made under subsection (1) or (3) and decide to transfer, or refuse to transfer, the permit.\nThe chief executive may approve an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in—\nthe persons principally involved in dealing with prohibited matter or restricted matter under the permit; and\nthe dealings with the prohibited matter or restricted matter to which the permit relates.\nThe chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern.\nAlso, the chief executive must be satisfied that the transferee—\nis a suitable person to hold the permit; and\nhas the capacity to ensure that conditions of the permit are complied with.\nTo decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216 .\nThe chief executive is taken to have refused to approve an application if the chief executive does not decide the application within 30 days after the chief executive receives the application.\nIf the chief executive refuses to approve an application, or the application is taken to have been refused under subsection (8) , the chief executive must give the applicant an information notice for the decision.\nA permit may be transferred by the issuing of another permit to replace it.\ns 230 amd 2024 No. 17 s 98\n(sec.230-ssec.1) The holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee.\n(sec.230-ssec.2) An application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable.\n(sec.230-ssec.3) Whether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee.\n(sec.230-ssec.4) The chief executive must consider an application made under subsection (1) or (3) and decide to transfer, or refuse to transfer, the permit.\n(sec.230-ssec.5) The chief executive may approve an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in— the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and the dealings with the prohibited matter or restricted matter to which the permit relates. The chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern.\n(sec.230-ssec.6) Also, the chief executive must be satisfied that the transferee— is a suitable person to hold the permit; and has the capacity to ensure that conditions of the permit are complied with.\n(sec.230-ssec.7) To decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216 .\n(sec.230-ssec.8) The chief executive is taken to have refused to approve an application if the chief executive does not decide the application within 30 days after the chief executive receives the application.\n(sec.230-ssec.9) If the chief executive refuses to approve an application, or the application is taken to have been refused under subsection (8) , the chief executive must give the applicant an information notice for the decision.\n(sec.230-ssec.10) A permit may be transferred by the issuing of another permit to replace it.\n- (a) the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and\n- (b) the dealings with the prohibited matter or restricted matter to which the permit relates.\n- (a) is a suitable person to hold the permit; and\n- (b) has the capacity to ensure that conditions of the permit are complied with.","sortOrder":309},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Register of prohibited matter and restricted matter permits","content":"# Register of prohibited matter and restricted matter permits","sortOrder":310},{"sectionNumber":"sec.231","sectionType":"section","heading":"Register of permits","content":"### sec.231 Register of permits\n\nThe chief executive must keep a register of prohibited matter and restricted matter permits.\nThe register must contain the following particulars for each permit—\nthe name of the permit holder;\nthe term of the permit and its expiry date;\nthe type of permit;\nother information the chief executive considers appropriate.\nThe register must be published on the department’s website.\nOn application by a person and payment of the fee prescribed under a regulation, the person may buy a copy of all or part of the information held in the register.\n(sec.231-ssec.1) The chief executive must keep a register of prohibited matter and restricted matter permits.\n(sec.231-ssec.2) The register must contain the following particulars for each permit— the name of the permit holder; the term of the permit and its expiry date; the type of permit; other information the chief executive considers appropriate.\n(sec.231-ssec.3) The register must be published on the department’s website.\n(sec.231-ssec.4) On application by a person and payment of the fee prescribed under a regulation, the person may buy a copy of all or part of the information held in the register.\n- (a) the name of the permit holder;\n- (b) the term of the permit and its expiry date;\n- (c) the type of permit;\n- (d) other information the chief executive considers appropriate.","sortOrder":311},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":312},{"sectionNumber":"sec.232","sectionType":"section","heading":"Types of biosecurity programs","content":"### sec.232 Types of biosecurity programs\n\nA biosecurity program is—\na surveillance program; or\na prevention and control program.\n- (a) a surveillance program; or\n- (b) a prevention and control program.","sortOrder":313},{"sectionNumber":"sec.233","sectionType":"section","heading":"What is a surveillance program","content":"### sec.233 What is a surveillance program\n\nA surveillance program is a program directed at any of the following—\nmonitoring compliance with this Act in relation to a particular matter to which this Act applies;\nmonitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland\nmonitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone\nmonitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland\nconfirming the presence, or finding out the extent of the presence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;\nconfirming the absence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;\nmonitoring the effects of measures taken in response to a biosecurity risk;\nmonitoring compliance with requirements about prohibited matter or restricted matter;\nmonitoring levels of biosecurity matter or levels of biosecurity matter in a carrier.\nmonitoring levels of contaminants in animal feed\n- (a) monitoring compliance with this Act in relation to a particular matter to which this Act applies; Examples— • monitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland • monitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone • monitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland\n- • monitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland\n- • monitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone\n- • monitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland\n- (b) confirming the presence, or finding out the extent of the presence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;\n- (c) confirming the absence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;\n- (d) monitoring the effects of measures taken in response to a biosecurity risk;\n- (e) monitoring compliance with requirements about prohibited matter or restricted matter;\n- (f) monitoring levels of biosecurity matter or levels of biosecurity matter in a carrier. Example— monitoring levels of contaminants in animal feed\n- • monitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland\n- • monitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone\n- • monitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland","sortOrder":314},{"sectionNumber":"sec.234","sectionType":"section","heading":"What is a prevention and control program","content":"### sec.234 What is a prevention and control program\n\nA prevention and control program is a program directed at any of the following—\npreventing the entry, establishment or spread of biosecurity matter in an area that poses a significant biosecurity risk;\nmanaging, reducing or eradicating any biosecurity matter in an area that could pose a significant biosecurity risk.\n- (a) preventing the entry, establishment or spread of biosecurity matter in an area that poses a significant biosecurity risk;\n- (b) managing, reducing or eradicating any biosecurity matter in an area that could pose a significant biosecurity risk.","sortOrder":315},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Authorising and enforcing biosecurity programs","content":"# Authorising and enforcing biosecurity programs","sortOrder":316},{"sectionNumber":"sec.235","sectionType":"section","heading":"Authorising and carrying out biosecurity program ","content":"### sec.235 Authorising and carrying out biosecurity program \n\nAny of the following may authorise and carry out a biosecurity program (a program authorisation )—\nthe chief executive;\na local government;\nthe chief executive and 1 or more local governments, if the chief executive officer of each local government agrees;\n2 or more local governments, if the chief executive officer of each local government agrees;\nan invasive animal board if an operational area is prescribed for the board.\nA program authorisation must be authorised—\nfor a program authorisation made by the chief executive—in writing; or\nfor a program authorisation made by a local government—by a resolution of the local government; or\nfor a program authorisation made by an invasive animal board—by a resolution of the board.\nHowever, a program authorisation for a prevention and control program may be made only if each relevant person for the program authorisation is satisfied—\nthere is, or is likely to be, prohibited matter in an area; or\nthere is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or\na colony of red imported fire ants\na plague of locusts\nan infestation of water mimosa\nmeasures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or\nsurveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area\nafter consultation with an industry group or community (each an interested entity ), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.\nEach relevant person for a program authorisation must ensure that each authorised officer who is proposed by the relevant person to act under a biosecurity program is informed of the contents of the program authorisation for the program.\nA program authorisation—\nif given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or\nif given by an invasive animal board—may relate only to places in the board’s operational area.\nIn this section—\nrelevant person , for a program authorisation, means any 1 or more of the following—\nif the chief executive authorised the program—the chief executive;\nif a local government authorised the program—the chief executive officer of the local government;\nif an invasive animal board authorised the program—the chairperson of the board.\n(sec.235-ssec.1) Any of the following may authorise and carry out a biosecurity program (a program authorisation )— the chief executive; a local government; the chief executive and 1 or more local governments, if the chief executive officer of each local government agrees; 2 or more local governments, if the chief executive officer of each local government agrees; an invasive animal board if an operational area is prescribed for the board.\n(sec.235-ssec.2) A program authorisation must be authorised— for a program authorisation made by the chief executive—in writing; or for a program authorisation made by a local government—by a resolution of the local government; or for a program authorisation made by an invasive animal board—by a resolution of the board.\n(sec.235-ssec.3) However, a program authorisation for a prevention and control program may be made only if each relevant person for the program authorisation is satisfied— there is, or is likely to be, prohibited matter in an area; or there is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or a colony of red imported fire ants a plague of locusts an infestation of water mimosa measures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or surveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area after consultation with an industry group or community (each an interested entity ), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.\n(sec.235-ssec.4) Each relevant person for a program authorisation must ensure that each authorised officer who is proposed by the relevant person to act under a biosecurity program is informed of the contents of the program authorisation for the program.\n(sec.235-ssec.5) A program authorisation— if given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or if given by an invasive animal board—may relate only to places in the board’s operational area.\n(sec.235-ssec.6) In this section— relevant person , for a program authorisation, means any 1 or more of the following— if the chief executive authorised the program—the chief executive; if a local government authorised the program—the chief executive officer of the local government; if an invasive animal board authorised the program—the chairperson of the board.\n- (a) the chief executive;\n- (b) a local government;\n- (c) the chief executive and 1 or more local governments, if the chief executive officer of each local government agrees;\n- (d) 2 or more local governments, if the chief executive officer of each local government agrees;\n- (e) an invasive animal board if an operational area is prescribed for the board.\n- (a) for a program authorisation made by the chief executive—in writing; or\n- (b) for a program authorisation made by a local government—by a resolution of the local government; or\n- (c) for a program authorisation made by an invasive animal board—by a resolution of the board.\n- (a) there is, or is likely to be, prohibited matter in an area; or\n- (b) there is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or Examples of biosecurity matter that pose or are likely to pose a significant biosecurity risk— • a colony of red imported fire ants • a plague of locusts • an infestation of water mimosa\n- • a colony of red imported fire ants\n- • a plague of locusts\n- • an infestation of water mimosa\n- (c) measures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or Example of measures required to prevent the entry or establishment in an area of biosecurity matter— surveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area\n- (d) after consultation with an industry group or community (each an interested entity ), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.\n- • a colony of red imported fire ants\n- • a plague of locusts\n- • an infestation of water mimosa\n- (a) if given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or\n- (b) if given by an invasive animal board—may relate only to places in the board’s operational area.\n- (a) if the chief executive authorised the program—the chief executive;\n- (b) if a local government authorised the program—the chief executive officer of the local government;\n- (c) if an invasive animal board authorised the program—the chairperson of the board.","sortOrder":317},{"sectionNumber":"sec.236","sectionType":"section","heading":"What program authorisation must state","content":"### sec.236 What program authorisation must state\n\nA program authorisation for a biosecurity program must state each of the following—\nthe biosecurity matter to which the program relates;\nthe purpose of the program;\nwhen the program starts;\nthe period over which the program is to be carried out;\nfor a biosecurity program that is a surveillance program—\nif the program is directed at monitoring compliance with this Act—\nobjective criteria for selecting places to be entered and inspected; and\na description of the area in which the places are situated; or\nif the program is directed at deciding the presence or extent of the spread of biosecurity matter—\nthe parts of the State to which it applies; and\nif the program applies only to a particular type of place in the State or a part of the State—a description of the type;\nfor a biosecurity program that is a prevention and control program—\nthe nature and extent of the program, including—\nthe parts of the State to which it applies; and\nif the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\nif a particular type of place is to be entered and inspected—a description of the type;\nthe powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program;\nmonitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants\nuse baits and lures to check for the presence of fruit fly in an area\ntrap and test mosquitoes to find carriers of arboviruses\ntake samples from cattle to decide the presence or absence of Johne’s disease\nspray pesticides on a locust swarm\nvaccinate animals to slow the spread of equine influenza\ncheck land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide\nthe obligations that may be imposed upon a person who is an owner or occupier of a place to which the program applies.\nA person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.\nA person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.\nThe period over which a biosecurity program is to be carried out must be limited to the period reasonably necessary for achieving the program’s purpose.\ns 236 amd 2015 No. 15 s 49 ; 2016 No. 28 s 60 ; 2024 No. 17 s 99\n(sec.236-ssec.1) A program authorisation for a biosecurity program must state each of the following— the biosecurity matter to which the program relates; the purpose of the program; when the program starts; the period over which the program is to be carried out; for a biosecurity program that is a surveillance program— if the program is directed at monitoring compliance with this Act— objective criteria for selecting places to be entered and inspected; and a description of the area in which the places are situated; or if the program is directed at deciding the presence or extent of the spread of biosecurity matter— the parts of the State to which it applies; and if the program applies only to a particular type of place in the State or a part of the State—a description of the type; for a biosecurity program that is a prevention and control program— the nature and extent of the program, including— the parts of the State to which it applies; and if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and if a particular type of place is to be entered and inspected—a description of the type; the powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program; monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants use baits and lures to check for the presence of fruit fly in an area trap and test mosquitoes to find carriers of arboviruses take samples from cattle to decide the presence or absence of Johne’s disease spray pesticides on a locust swarm vaccinate animals to slow the spread of equine influenza check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide the obligations that may be imposed upon a person who is an owner or occupier of a place to which the program applies. A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease. A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.\n(sec.236-ssec.2) The period over which a biosecurity program is to be carried out must be limited to the period reasonably necessary for achieving the program’s purpose.\n- (a) the biosecurity matter to which the program relates;\n- (b) the purpose of the program;\n- (c) when the program starts;\n- (d) the period over which the program is to be carried out;\n- (e) for a biosecurity program that is a surveillance program— (i) if the program is directed at monitoring compliance with this Act— (A) objective criteria for selecting places to be entered and inspected; and (B) a description of the area in which the places are situated; or (ii) if the program is directed at deciding the presence or extent of the spread of biosecurity matter— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (i) if the program is directed at monitoring compliance with this Act— (A) objective criteria for selecting places to be entered and inspected; and (B) a description of the area in which the places are situated; or\n- (A) objective criteria for selecting places to be entered and inspected; and\n- (B) a description of the area in which the places are situated; or\n- (ii) if the program is directed at deciding the presence or extent of the spread of biosecurity matter— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (f) for a biosecurity program that is a prevention and control program— (i) the nature and extent of the program, including— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and (ii) if a particular type of place is to be entered and inspected—a description of the type;\n- (i) the nature and extent of the program, including— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\n- (ii) if a particular type of place is to be entered and inspected—a description of the type;\n- (g) the powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program; Examples of a measure an authorised officer may take under a surveillance program— • monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants • use baits and lures to check for the presence of fruit fly in an area • trap and test mosquitoes to find carriers of arboviruses • take samples from cattle to decide the presence or absence of Johne’s disease Examples of a measure an authorised officer may take under a prevention and control program— • spray pesticides on a locust swarm • vaccinate animals to slow the spread of equine influenza • check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide\n- • monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants\n- • use baits and lures to check for the presence of fruit fly in an area\n- • trap and test mosquitoes to find carriers of arboviruses\n- • take samples from cattle to decide the presence or absence of Johne’s disease\n- • spray pesticides on a locust swarm\n- • vaccinate animals to slow the spread of equine influenza\n- • check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide\n- (h) the obligations that may be imposed upon a person who is an owner or occupier of a place to which the program applies. Examples of an obligation for paragraph (h) — 1 A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease. 2 A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.\n- 1 A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.\n- 2 A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.\n- (i) if the program is directed at monitoring compliance with this Act— (A) objective criteria for selecting places to be entered and inspected; and (B) a description of the area in which the places are situated; or\n- (A) objective criteria for selecting places to be entered and inspected; and\n- (B) a description of the area in which the places are situated; or\n- (ii) if the program is directed at deciding the presence or extent of the spread of biosecurity matter— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (A) objective criteria for selecting places to be entered and inspected; and\n- (B) a description of the area in which the places are situated; or\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type;\n- (i) the nature and extent of the program, including— (A) the parts of the State to which it applies; and (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\n- (ii) if a particular type of place is to be entered and inspected—a description of the type;\n- (A) the parts of the State to which it applies; and\n- (B) if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and\n- • monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants\n- • use baits and lures to check for the presence of fruit fly in an area\n- • trap and test mosquitoes to find carriers of arboviruses\n- • take samples from cattle to decide the presence or absence of Johne’s disease\n- • spray pesticides on a locust swarm\n- • vaccinate animals to slow the spread of equine influenza\n- • check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide\n- 1 A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.\n- 2 A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.","sortOrder":318},{"sectionNumber":"sec.237","sectionType":"section","heading":"Giving a direction for prevention and control program","content":"### sec.237 Giving a direction for prevention and control program\n\nAn authorised officer may do the following, at any reasonable time and at a place situated in an area to which a prevention and control program applies—\ndirect an owner or occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates;\ndestroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.\nDespite subsection (1) (a) , the steps a person may be directed to take must be limited to those reasonably necessary for achieving the program’s purpose.\nWhen giving a direction under subsection (1) (a) , the authorised officer must give the person an offence warning for the direction.\nThis section—\nis subject to section 255 ; and\ndoes not limit the powers of an authorised officer under chapter 10 .\nSee the following provisions in chapter 10 about powers of authorised officers—\nsection 255 for limitations on the powers of authorised officers\npart 2 for the power to enter places\npart 4 for the general powers that can be exercised after entering places.\ns 237 amd 2015 No. 15 s 50 ; 2024 No. 17 s 100\n(sec.237-ssec.1) An authorised officer may do the following, at any reasonable time and at a place situated in an area to which a prevention and control program applies— direct an owner or occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates; destroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.\n(sec.237-ssec.2) Despite subsection (1) (a) , the steps a person may be directed to take must be limited to those reasonably necessary for achieving the program’s purpose.\n(sec.237-ssec.3) When giving a direction under subsection (1) (a) , the authorised officer must give the person an offence warning for the direction.\n(sec.237-ssec.4) This section— is subject to section 255 ; and does not limit the powers of an authorised officer under chapter 10 . See the following provisions in chapter 10 about powers of authorised officers— section 255 for limitations on the powers of authorised officers part 2 for the power to enter places part 4 for the general powers that can be exercised after entering places.\n- (a) direct an owner or occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates;\n- (b) destroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.\n- (a) is subject to section 255 ; and\n- (b) does not limit the powers of an authorised officer under chapter 10 .\n- • section 255 for limitations on the powers of authorised officers\n- • part 2 for the power to enter places\n- • part 4 for the general powers that can be exercised after entering places.","sortOrder":319},{"sectionNumber":"sec.238","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.238 Failure to comply with direction\n\nA person who is given a direction under section 237 (1) (a) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if the person is not given an offence warning for the direction.\ns 238 amd 2024 No. 17 s 101\n(sec.238-ssec.1) A person who is given a direction under section 237 (1) (a) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.238-ssec.2) A person does not commit an offence against subsection (1) if the person is not given an offence warning for the direction.","sortOrder":320},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Consultation and notification","content":"# Consultation and notification","sortOrder":321},{"sectionNumber":"sec.239","sectionType":"section","heading":"Consultation about proposed biosecurity program","content":"### sec.239 Consultation about proposed biosecurity program\n\nThe chief executive must, before authorising a biosecurity program, consult with the local government for the area to which the program applies.\nA local government must, before authorising a biosecurity program, consult with—\nthe chief executive; and\nan invasive animal board—\nwith an operational area in or adjoining the local government’s area; and\nresponsible for the management of an invasive animal that is biosecurity matter to which the program applies.\nAn invasive animal board must, before authorising a biosecurity program, consult with—\nthe chief executive; and\na local government with responsibility for an area in or adjoining the board’s operational area.\n(sec.239-ssec.1) The chief executive must, before authorising a biosecurity program, consult with the local government for the area to which the program applies.\n(sec.239-ssec.2) A local government must, before authorising a biosecurity program, consult with— the chief executive; and an invasive animal board— with an operational area in or adjoining the local government’s area; and responsible for the management of an invasive animal that is biosecurity matter to which the program applies.\n(sec.239-ssec.3) An invasive animal board must, before authorising a biosecurity program, consult with— the chief executive; and a local government with responsibility for an area in or adjoining the board’s operational area.\n- (a) the chief executive; and\n- (b) an invasive animal board— (i) with an operational area in or adjoining the local government’s area; and (ii) responsible for the management of an invasive animal that is biosecurity matter to which the program applies.\n- (i) with an operational area in or adjoining the local government’s area; and\n- (ii) responsible for the management of an invasive animal that is biosecurity matter to which the program applies.\n- (i) with an operational area in or adjoining the local government’s area; and\n- (ii) responsible for the management of an invasive animal that is biosecurity matter to which the program applies.\n- (a) the chief executive; and\n- (b) a local government with responsibility for an area in or adjoining the board’s operational area.","sortOrder":322},{"sectionNumber":"sec.240","sectionType":"section","heading":"Notice of proposed biosecurity program","content":"### sec.240 Notice of proposed biosecurity program\n\nAt least 14 days before a biosecurity program starts, the following must give notice of the program—\nif the chief executive authorised the program—the chief executive;\nif a local government authorised the program—the chief executive officer of the local government;\nif an invasive animal board authorised the program—the chairperson of the board.\nIf more than 1 entity mentioned in subsection (1) authorised the program, only 1 of the persons required to give notice under the subsection must give notice of the program.\nThe notice must—\nbe given to each department or government owned corporation responsible for land in the area to which the biosecurity program relates, including by electronic means; and\nby post, telephone, email\nbe published on—\nif the chief executive authorised the biosecurity program—the department’s website; or\nif the local government authorised the biosecurity program—the local government’s website; or\nif an invasive animal board authorised the biosecurity program—the board’s website.\nThe notice also may be published in another way the person giving the notice considers appropriate, including, for example, by radio or television in the area to which the biosecurity program applies.\nHowever, failure to give the notice to an entity under subsection (3) (a) , or to publish the notice under subsection (3) (b) , does not affect the validity of the biosecurity program.\nThe notice must state each of the following—\nthe purpose and scope of the biosecurity program;\nwhen the biosecurity program starts;\nthe period over which the biosecurity program is to be carried out;\nif the biosecurity program is authorised by the chief executive—\nthat a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and\nthe price of a copy of the program;\nif the biosecurity program is authorised by a local government—\nthe name of the local government; and\nthat a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and\nthe price of a copy of the program;\nif the biosecurity program is authorised by an invasive animal board—\nthe name of the board; and\nthat a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and\nthe price of a copy of the program.\nThe price of a copy of the program authorisation for a biosecurity program must be no more than the cost of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost.\n(sec.240-ssec.1) At least 14 days before a biosecurity program starts, the following must give notice of the program— if the chief executive authorised the program—the chief executive; if a local government authorised the program—the chief executive officer of the local government; if an invasive animal board authorised the program—the chairperson of the board.\n(sec.240-ssec.2) If more than 1 entity mentioned in subsection (1) authorised the program, only 1 of the persons required to give notice under the subsection must give notice of the program.\n(sec.240-ssec.3) The notice must— be given to each department or government owned corporation responsible for land in the area to which the biosecurity program relates, including by electronic means; and by post, telephone, email be published on— if the chief executive authorised the biosecurity program—the department’s website; or if the local government authorised the biosecurity program—the local government’s website; or if an invasive animal board authorised the biosecurity program—the board’s website.\n(sec.240-ssec.4) The notice also may be published in another way the person giving the notice considers appropriate, including, for example, by radio or television in the area to which the biosecurity program applies.\n(sec.240-ssec.5) However, failure to give the notice to an entity under subsection (3) (a) , or to publish the notice under subsection (3) (b) , does not affect the validity of the biosecurity program.\n(sec.240-ssec.6) The notice must state each of the following— the purpose and scope of the biosecurity program; when the biosecurity program starts; the period over which the biosecurity program is to be carried out; if the biosecurity program is authorised by the chief executive— that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and the price of a copy of the program; if the biosecurity program is authorised by a local government— the name of the local government; and that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and the price of a copy of the program; if the biosecurity program is authorised by an invasive animal board— the name of the board; and that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and the price of a copy of the program.\n(sec.240-ssec.7) The price of a copy of the program authorisation for a biosecurity program must be no more than the cost of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost.\n- (a) if the chief executive authorised the program—the chief executive;\n- (b) if a local government authorised the program—the chief executive officer of the local government;\n- (c) if an invasive animal board authorised the program—the chairperson of the board.\n- (a) be given to each department or government owned corporation responsible for land in the area to which the biosecurity program relates, including by electronic means; and Examples— by post, telephone, email\n- (b) be published on— (i) if the chief executive authorised the biosecurity program—the department’s website; or (ii) if the local government authorised the biosecurity program—the local government’s website; or (iii) if an invasive animal board authorised the biosecurity program—the board’s website.\n- (i) if the chief executive authorised the biosecurity program—the department’s website; or\n- (ii) if the local government authorised the biosecurity program—the local government’s website; or\n- (iii) if an invasive animal board authorised the biosecurity program—the board’s website.\n- (i) if the chief executive authorised the biosecurity program—the department’s website; or\n- (ii) if the local government authorised the biosecurity program—the local government’s website; or\n- (iii) if an invasive animal board authorised the biosecurity program—the board’s website.\n- (a) the purpose and scope of the biosecurity program;\n- (b) when the biosecurity program starts;\n- (c) the period over which the biosecurity program is to be carried out;\n- (d) if the biosecurity program is authorised by the chief executive— (i) that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and (ii) the price of a copy of the program;\n- (i) that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and\n- (ii) the price of a copy of the program;\n- (e) if the biosecurity program is authorised by a local government— (i) the name of the local government; and (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and (iii) the price of a copy of the program;\n- (i) the name of the local government; and\n- (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and\n- (iii) the price of a copy of the program;\n- (f) if the biosecurity program is authorised by an invasive animal board— (i) the name of the board; and (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and (iii) the price of a copy of the program.\n- (i) the name of the board; and\n- (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and\n- (iii) the price of a copy of the program.\n- (i) that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and\n- (ii) the price of a copy of the program;\n- (i) the name of the local government; and\n- (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and\n- (iii) the price of a copy of the program;\n- (i) the name of the board; and\n- (ii) that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and\n- (iii) the price of a copy of the program.","sortOrder":323},{"sectionNumber":"sec.241","sectionType":"section","heading":"Access to authorisation","content":"### sec.241 Access to authorisation\n\nFrom the start of a biosecurity program until the end of the program, copies of the program authorisation for the program must be available for inspection or purchase at—\nif the program is authorised by the chief executive—the department’s head office and the department’s regional offices, if any, in the area to which the program applies; and\nif the program is authorised by a local government—the local government’s public office; and\nif the biosecurity program is authorised by an invasive animal board—the board’s public office.\n- (a) if the program is authorised by the chief executive—the department’s head office and the department’s regional offices, if any, in the area to which the program applies; and\n- (b) if the program is authorised by a local government—the local government’s public office; and\n- (c) if the biosecurity program is authorised by an invasive animal board—the board’s public office.","sortOrder":324},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"General matters about inspectors and authorised persons","content":"# General matters about inspectors and authorised persons","sortOrder":325},{"sectionNumber":"ch.10-pt.1-div.1","sectionType":"division","heading":"Appointment of inspectors","content":"## Appointment of inspectors","sortOrder":326},{"sectionNumber":"sec.242","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.242 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint any of the following persons as inspectors—\na public service employee;\nan employee of the Commonwealth or another State whose employment ordinarily involves matters about biosecurity;\na person who performs functions related to matters about biosecurity under a law of another country;\na veterinary surgeon under the Veterinary Surgeons Act 1936 ;\na person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act;\nother persons or members of a class of persons prescribed under a regulation.\nHowever, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is appropriately qualified.\n(sec.242-ssec.1) The chief executive may, by instrument in writing, appoint any of the following persons as inspectors— a public service employee; an employee of the Commonwealth or another State whose employment ordinarily involves matters about biosecurity; a person who performs functions related to matters about biosecurity under a law of another country; a veterinary surgeon under the Veterinary Surgeons Act 1936 ; a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act; other persons or members of a class of persons prescribed under a regulation.\n(sec.242-ssec.2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is appropriately qualified.\n- (a) a public service employee;\n- (b) an employee of the Commonwealth or another State whose employment ordinarily involves matters about biosecurity;\n- (c) a person who performs functions related to matters about biosecurity under a law of another country;\n- (d) a veterinary surgeon under the Veterinary Surgeons Act 1936 ;\n- (e) a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act;\n- (f) other persons or members of a class of persons prescribed under a regulation.","sortOrder":327},{"sectionNumber":"sec.243","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.243 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.243-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.243-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\n(sec.243-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":328},{"sectionNumber":"sec.244","sectionType":"section","heading":"When office ends","content":"### sec.244 When office ends\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 245 takes effect.\nSubsection (1) does not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.244-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 245 takes effect.\n(sec.244-ssec.2) Subsection (1) does not limit the ways the office of a person as an inspector ends.\n(sec.244-ssec.3) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 245 takes effect.","sortOrder":329},{"sectionNumber":"sec.245","sectionType":"section","heading":"Resignation","content":"### sec.245 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\nHowever, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.\n(sec.245-ssec.1) An inspector may resign by signed notice given to the chief executive.\n(sec.245-ssec.2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.","sortOrder":330},{"sectionNumber":"ch.10-pt.1-div.2","sectionType":"division","heading":"Appointment of authorised persons","content":"## Appointment of authorised persons","sortOrder":331},{"sectionNumber":"sec.246","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.246 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as an authorised person—\na public service employee;\na person or member of a class of persons prescribed under a regulation;\na person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act.\nThe chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area—\nan employee of the local government;\nif another local government consents—an employee of the other local government;\nanother person who has entered into a contract, or is employed by an entity that has entered into a contract, with the local government to perform a function under this Act.\nThe chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, 1 of the local governments to be an authorised person for the local governments’ areas.\nAn invasive animal board may appoint a person as an authorised person.\nHowever, the chief executive, a chief executive officer or an invasive animal board may appoint a person as an authorised person only if the chief executive, the chief executive officer or invasive animal board is satisfied the person is appropriately qualified.\nAn appointment under this section must be made by written instrument.\n(sec.246-ssec.1) The chief executive may appoint any of the following persons as an authorised person— a public service employee; a person or member of a class of persons prescribed under a regulation; a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act.\n(sec.246-ssec.2) The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area— an employee of the local government; if another local government consents—an employee of the other local government; another person who has entered into a contract, or is employed by an entity that has entered into a contract, with the local government to perform a function under this Act.\n(sec.246-ssec.3) The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, 1 of the local governments to be an authorised person for the local governments’ areas.\n(sec.246-ssec.4) An invasive animal board may appoint a person as an authorised person.\n(sec.246-ssec.5) However, the chief executive, a chief executive officer or an invasive animal board may appoint a person as an authorised person only if the chief executive, the chief executive officer or invasive animal board is satisfied the person is appropriately qualified.\n(sec.246-ssec.6) An appointment under this section must be made by written instrument.\n- (a) a public service employee;\n- (b) a person or member of a class of persons prescribed under a regulation;\n- (c) a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act.\n- (a) an employee of the local government;\n- (b) if another local government consents—an employee of the other local government;\n- (c) another person who has entered into a contract, or is employed by an entity that has entered into a contract, with the local government to perform a function under this Act.","sortOrder":332},{"sectionNumber":"sec.247","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.247 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\nIn this section—\nsigned notice means a notice signed by the administering executive.\n(sec.247-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.247-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.\n(sec.247-ssec.3) In this section— signed notice means a notice signed by the administering executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":333},{"sectionNumber":"sec.248","sectionType":"section","heading":"When office ends","content":"### sec.248 When office ends\n\nThe office of a person as an authorised person ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised person’s resignation under section 249 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised person ends.\nIn this section—\ncondition of office means a condition under which the authorised person holds office.\n(sec.248-ssec.1) The office of a person as an authorised person ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised person’s resignation under section 249 takes effect.\n(sec.248-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised person ends.\n(sec.248-ssec.3) In this section— condition of office means a condition under which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised person’s resignation under section 249 takes effect.","sortOrder":334},{"sectionNumber":"sec.249","sectionType":"section","heading":"Resignation","content":"### sec.249 Resignation\n\nAn authorised person may resign by signed notice given to the administering executive.\nFor subsection (1) , if a person is appointed as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to 1 of the chief executive officers.\nHowever, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.\n(sec.249-ssec.1) An authorised person may resign by signed notice given to the administering executive.\n(sec.249-ssec.2) For subsection (1) , if a person is appointed as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to 1 of the chief executive officers.\n(sec.249-ssec.3) However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.","sortOrder":335},{"sectionNumber":"ch.10-pt.1-div.3","sectionType":"division","heading":"Special provision for appointments of police officers and TORUM authorised officers","content":"## Special provision for appointments of police officers and TORUM authorised officers","sortOrder":336},{"sectionNumber":"sec.250","sectionType":"section","heading":"Purpose of division","content":"### sec.250 Purpose of division\n\nThe purpose of this division is to make special provision for—\nthe appointment of police officers as inspectors under this Act; and\nthe appointment, as authorised persons under this Act, of persons appointed under TORUM as authorised officers or accredited persons.\nThis division does not limit any power the chief executive may have—\nunder division 1 , to appoint, subject to the Police Powers and Responsibilities Act 2000 , section 13 , a police officer as an inspector under this Act; or\nunder division 2 , to appoint an authorised officer or accredited person under TORUM as an authorised person under this Act.\n(sec.250-ssec.1) The purpose of this division is to make special provision for— the appointment of police officers as inspectors under this Act; and the appointment, as authorised persons under this Act, of persons appointed under TORUM as authorised officers or accredited persons.\n(sec.250-ssec.2) This division does not limit any power the chief executive may have— under division 1 , to appoint, subject to the Police Powers and Responsibilities Act 2000 , section 13 , a police officer as an inspector under this Act; or under division 2 , to appoint an authorised officer or accredited person under TORUM as an authorised person under this Act.\n- (a) the appointment of police officers as inspectors under this Act; and\n- (b) the appointment, as authorised persons under this Act, of persons appointed under TORUM as authorised officers or accredited persons.\n- (a) under division 1 , to appoint, subject to the Police Powers and Responsibilities Act 2000 , section 13 , a police officer as an inspector under this Act; or\n- (b) under division 2 , to appoint an authorised officer or accredited person under TORUM as an authorised person under this Act.","sortOrder":337},{"sectionNumber":"sec.251","sectionType":"section","heading":"Regulation may appoint prescribed class of police officer","content":"### sec.251 Regulation may appoint prescribed class of police officer\n\nA regulation under this Act may provide that each police officer of a class described in the regulation is an inspector under this Act.\nA regulation may declare that each police officer who is for the time being a member of the unit of the police service known as the stock investigation squad is an inspector under this Act.\nA police officer of the class described in the regulation is an inspector under this Act without further appointment.\nA regulation under subsection (1) does not limit the operation of the Police Powers and Responsibilities Act 2000 , section 14 in relation to the exercise by a police officer of the powers of an inspector under this Act.\nHowever, subsection (3) does not prevent a regulation under subsection (1) from also limiting an inspector’s exercise of powers under this Act.\n(sec.251-ssec.1) A regulation under this Act may provide that each police officer of a class described in the regulation is an inspector under this Act. A regulation may declare that each police officer who is for the time being a member of the unit of the police service known as the stock investigation squad is an inspector under this Act.\n(sec.251-ssec.2) A police officer of the class described in the regulation is an inspector under this Act without further appointment.\n(sec.251-ssec.3) A regulation under subsection (1) does not limit the operation of the Police Powers and Responsibilities Act 2000 , section 14 in relation to the exercise by a police officer of the powers of an inspector under this Act.\n(sec.251-ssec.4) However, subsection (3) does not prevent a regulation under subsection (1) from also limiting an inspector’s exercise of powers under this Act.","sortOrder":338},{"sectionNumber":"sec.252","sectionType":"section","heading":"Appointment of police officer as inspector for biosecurity emergency          ","content":"### sec.252 Appointment of police officer as inspector for biosecurity emergency          \n\nThis section applies for the purposes of a biosecurity emergency order.\nThe chief executive may by notice signed by the chief executive and published on the department’s website provide that each police officer of a class described in the notice is an inspector under this Act for the purposes of implementation of the biosecurity emergency order.\nA police officer of the class described in the notice is an inspector under this Act without further appointment, but—\nonly while the biosecurity emergency order is in force or for a shorter period stated in the notice; and\nonly for the purposes of the biosecurity emergency provisions identified in the notice.\nSubsection (3) does not limit what may be contained in the notice.\nA notice under subsection (2) does not limit the operation of the Police Powers and Responsibilities Act 2000 , section 14 in relation to the exercise by a police officer of the powers of an inspector under the biosecurity emergency provisions.\nBefore the chief executive makes a notice under subsection (2) , the chief executive must consult with the commissioner of the police service about the contents of the proposed notice.\n(sec.252-ssec.1) This section applies for the purposes of a biosecurity emergency order.\n(sec.252-ssec.2) The chief executive may by notice signed by the chief executive and published on the department’s website provide that each police officer of a class described in the notice is an inspector under this Act for the purposes of implementation of the biosecurity emergency order.\n(sec.252-ssec.3) A police officer of the class described in the notice is an inspector under this Act without further appointment, but— only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and only for the purposes of the biosecurity emergency provisions identified in the notice.\n(sec.252-ssec.4) Subsection (3) does not limit what may be contained in the notice.\n(sec.252-ssec.5) A notice under subsection (2) does not limit the operation of the Police Powers and Responsibilities Act 2000 , section 14 in relation to the exercise by a police officer of the powers of an inspector under the biosecurity emergency provisions.\n(sec.252-ssec.6) Before the chief executive makes a notice under subsection (2) , the chief executive must consult with the commissioner of the police service about the contents of the proposed notice.\n- (a) only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and\n- (b) only for the purposes of the biosecurity emergency provisions identified in the notice.","sortOrder":339},{"sectionNumber":"sec.253","sectionType":"section","heading":"Appointment of authorised officer or accredited person under TORUM as authorised person for biosecurity emergency","content":"### sec.253 Appointment of authorised officer or accredited person under TORUM as authorised person for biosecurity emergency\n\nThis section applies for the purposes of a biosecurity emergency order.\nThe chief executive may by notice signed by the chief executive and published on the department’s website provide that each person, other than a police officer, holding appointment as an authorised officer or accredited person under TORUM , chapter 3 , part 2 , and who is of a class described in the notice, is an authorised person under this Act for the purposes of implementation of the biosecurity emergency order.\nEach person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM , chapter 3 , part 2 and who is of the class described in the notice is an authorised person under this Act without further appointment, but—\nonly while the biosecurity emergency order is in force or for a shorter period stated in the notice; and\nonly for the purposes of the biosecurity emergency provisions identified in the notice.\nSubsection (3) does not limit what may be contained in the notice.\nBefore the chief executive makes a notice under subsection (2) , the chief executive must consult with the chief executive under TORUM about the contents of the proposed notice.\n(sec.253-ssec.1) This section applies for the purposes of a biosecurity emergency order.\n(sec.253-ssec.2) The chief executive may by notice signed by the chief executive and published on the department’s website provide that each person, other than a police officer, holding appointment as an authorised officer or accredited person under TORUM , chapter 3 , part 2 , and who is of a class described in the notice, is an authorised person under this Act for the purposes of implementation of the biosecurity emergency order.\n(sec.253-ssec.3) Each person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM , chapter 3 , part 2 and who is of the class described in the notice is an authorised person under this Act without further appointment, but— only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and only for the purposes of the biosecurity emergency provisions identified in the notice.\n(sec.253-ssec.4) Subsection (3) does not limit what may be contained in the notice.\n(sec.253-ssec.5) Before the chief executive makes a notice under subsection (2) , the chief executive must consult with the chief executive under TORUM about the contents of the proposed notice.\n- (a) only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and\n- (b) only for the purposes of the biosecurity emergency provisions identified in the notice.","sortOrder":340},{"sectionNumber":"ch.10-pt.1-div.4","sectionType":"division","heading":"General matters about authorised officers","content":"## General matters about authorised officers","sortOrder":341},{"sectionNumber":"sec.254","sectionType":"section","heading":"Powers generally","content":"### sec.254 Powers generally\n\nAn authorised officer has the powers given under this Act.\nIn exercising the powers, the authorised officer is subject to the directions of the administering executive.\n(sec.254-ssec.1) An authorised officer has the powers given under this Act.\n(sec.254-ssec.2) In exercising the powers, the authorised officer is subject to the directions of the administering executive.","sortOrder":342},{"sectionNumber":"sec.255","sectionType":"section","heading":"Powers of particular authorised officers limited","content":"### sec.255 Powers of particular authorised officers limited\n\nAn authorised person appointed by the chief executive officer of a local government or by the chief executive officers of 2 or more local governments may exercise the powers of an authorised person under this Act only—\nin the local government area or local governments’ areas; and\nin relation to invasive biosecurity matter for its area or their areas.\nAn authorised person appointed by an invasive animal board may exercise the powers of an authorised person under this Act only—\nin an area within—\nif the board has an operational area—the operational area; or\notherwise—within 20m of the part of the barrier fence for which the board is responsible; and\nin relation to the invasive animal managed by the board.\nAn authorised officer may exercise the powers of an authorised officer under this Act in relation to a biosecurity program only if the authorised officer is appointed by at least 1 of the entities that authorised the biosecurity program.\n(sec.255-ssec.1) An authorised person appointed by the chief executive officer of a local government or by the chief executive officers of 2 or more local governments may exercise the powers of an authorised person under this Act only— in the local government area or local governments’ areas; and in relation to invasive biosecurity matter for its area or their areas.\n(sec.255-ssec.2) An authorised person appointed by an invasive animal board may exercise the powers of an authorised person under this Act only— in an area within— if the board has an operational area—the operational area; or otherwise—within 20m of the part of the barrier fence for which the board is responsible; and in relation to the invasive animal managed by the board.\n(sec.255-ssec.3) An authorised officer may exercise the powers of an authorised officer under this Act in relation to a biosecurity program only if the authorised officer is appointed by at least 1 of the entities that authorised the biosecurity program.\n- (a) in the local government area or local governments’ areas; and\n- (b) in relation to invasive biosecurity matter for its area or their areas.\n- (a) in an area within— (i) if the board has an operational area—the operational area; or (ii) otherwise—within 20m of the part of the barrier fence for which the board is responsible; and\n- (i) if the board has an operational area—the operational area; or\n- (ii) otherwise—within 20m of the part of the barrier fence for which the board is responsible; and\n- (b) in relation to the invasive animal managed by the board.\n- (i) if the board has an operational area—the operational area; or\n- (ii) otherwise—within 20m of the part of the barrier fence for which the board is responsible; and","sortOrder":343},{"sectionNumber":"sec.256","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.256 Functions of authorised officers\n\nAn authorised officer has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act;\nto help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.\nSubject to this Act, an authorised officer may exercise the powers under this Act for the purpose of these functions.\n(sec.256-ssec.1) An authorised officer has the following functions— to investigate, monitor and enforce compliance with this Act; to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act; to facilitate the exercise of powers under this Act; to help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.\n(sec.256-ssec.2) Subject to this Act, an authorised officer may exercise the powers under this Act for the purpose of these functions.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act;\n- (d) to help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.","sortOrder":344},{"sectionNumber":"ch.10-pt.1-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":345},{"sectionNumber":"sec.257","sectionType":"section","heading":"References to exercise of powers","content":"### sec.257 References to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of a power by an authorised officer; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any authorised officers’ powers under this chapter or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an authorised officer; and\n- (b) there is no reference to a specific power;","sortOrder":346},{"sectionNumber":"sec.258","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.258 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":347},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Entry to places by authorised officers","content":"# Entry to places by authorised officers","sortOrder":348},{"sectionNumber":"ch.10-pt.2-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":349},{"sectionNumber":"sec.259","sectionType":"section","heading":"General power to enter places","content":"### sec.259 General power to enter places\n\nAn authorised officer may enter a place if—\nan occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or\nit is a place of business that is regulated under this Act and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired under this Act to be open for inspection by an authorised officer; or\nthe entry is authorised under section 260 , 261 , 262 , 263 or 264 .\nFor subsection (1) (d) and (e) , entry to a place does not include entry to a part of the place where a person resides (a residence ) without the person’s consent or a warrant.\nThe following do not form part of a residence—\na carport, other than a carport to which access is restricted;\nthe area of a verandah or deck to which access is not restricted and no provision is made to restrict access;\nthe area underneath the residence to which access is not restricted and no provision is made to restrict access;\nany other external part of the residence, including, for example, the residence’s gutters;\nland around the residence.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nThe consent may provide consent for re-entry and is subject to the conditions of consent.\nIf the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\nIn this section—\nregulated under this Act , for a place of business, means—\nthe person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or\nthe place of business is, or is required to be, mentioned in an authority under this Act.\n(sec.259-ssec.1) An authorised officer may enter a place if— an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or it is a public place and the entry is made when it is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or it is a place of business that is regulated under this Act and is— open for carrying on the business; or otherwise open for entry; or required under this Act to be open for inspection by an authorised officer; or the entry is authorised under section 260 , 261 , 262 , 263 or 264 .\n(sec.259-ssec.2) For subsection (1) (d) and (e) , entry to a place does not include entry to a part of the place where a person resides (a residence ) without the person’s consent or a warrant.\n(sec.259-ssec.3) The following do not form part of a residence— a carport, other than a carport to which access is restricted; the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; the area underneath the residence to which access is not restricted and no provision is made to restrict access; any other external part of the residence, including, for example, the residence’s gutters; land around the residence.\n(sec.259-ssec.4) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.259-ssec.5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.259-ssec.6) The consent may provide consent for re-entry and is subject to the conditions of consent.\n(sec.259-ssec.7) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.\n(sec.259-ssec.8) In this section— regulated under this Act , for a place of business, means— the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or the place of business is, or is required to be, mentioned in an authority under this Act.\n- (a) an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or\n- (d) it is a place of business that is regulated under this Act and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required under this Act to be open for inspection by an authorised officer; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required under this Act to be open for inspection by an authorised officer; or\n- (e) the entry is authorised under section 260 , 261 , 262 , 263 or 264 .\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required under this Act to be open for inspection by an authorised officer; or\n- (a) a carport, other than a carport to which access is restricted;\n- (b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;\n- (c) the area underneath the residence to which access is not restricted and no provision is made to restrict access;\n- (d) any other external part of the residence, including, for example, the residence’s gutters;\n- (e) land around the residence.\n- (a) the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or\n- (b) the place of business is, or is required to be, mentioned in an authority under this Act.","sortOrder":350},{"sectionNumber":"sec.260","sectionType":"section","heading":"Power to enter place to ascertain if biosecurity risk exists","content":"### sec.260 Power to enter place to ascertain if biosecurity risk exists\n\nThis section applies if an authorised officer reasonably believes there may be a biosecurity risk at a place.\nThe authorised officer may, at reasonable times, enter the place to find out whether there is a biosecurity risk at the place.\nSee, however, the restrictions on entry under section 259 (2) .\nSee section 269 for the procedure for entry under this section.\n(sec.260-ssec.1) This section applies if an authorised officer reasonably believes there may be a biosecurity risk at a place.\n(sec.260-ssec.2) The authorised officer may, at reasonable times, enter the place to find out whether there is a biosecurity risk at the place. See, however, the restrictions on entry under section 259 (2) . See section 269 for the procedure for entry under this section.\n- 1 See, however, the restrictions on entry under section 259 (2) .\n- 2 See section 269 for the procedure for entry under this section.","sortOrder":351},{"sectionNumber":"sec.261","sectionType":"section","heading":"Power to enter place under biosecurity program","content":"### sec.261 Power to enter place under biosecurity program\n\nThis section applies to a place situated in an area to which a biosecurity program applies.\nHowever, this section does not apply to the carrying out of an aerial control measure for biosecurity matter under section 294 that is authorised by a biosecurity program in relation to a place.\nAn authorised officer may, at reasonable times, enter the place to take any action authorised by the biosecurity program.\nSee, however, the restrictions on entry under section 259 (2) .\nSee section 270 for the procedure for entry under this section.\n(sec.261-ssec.1) This section applies to a place situated in an area to which a biosecurity program applies.\n(sec.261-ssec.2) However, this section does not apply to the carrying out of an aerial control measure for biosecurity matter under section 294 that is authorised by a biosecurity program in relation to a place.\n(sec.261-ssec.3) An authorised officer may, at reasonable times, enter the place to take any action authorised by the biosecurity program. See, however, the restrictions on entry under section 259 (2) . See section 270 for the procedure for entry under this section.\n- 1 See, however, the restrictions on entry under section 259 (2) .\n- 2 See section 270 for the procedure for entry under this section.","sortOrder":352},{"sectionNumber":"sec.262","sectionType":"section","heading":"Power to enter place to check compliance with biosecurity order ","content":"### sec.262 Power to enter place to check compliance with biosecurity order \n\nThis section applies if a person has been given a biosecurity order for a biosecurity risk at a place.\nAn authorised officer may, at reasonable times, enter the place to check whether the order has been complied with.\nSee, however, the restrictions on entry under section 259 (2) .\nSee section 270 for the procedure for entry under this section.\n(sec.262-ssec.1) This section applies if a person has been given a biosecurity order for a biosecurity risk at a place.\n(sec.262-ssec.2) An authorised officer may, at reasonable times, enter the place to check whether the order has been complied with. See, however, the restrictions on entry under section 259 (2) . See section 270 for the procedure for entry under this section.\n- 1 See, however, the restrictions on entry under section 259 (2) .\n- 2 See section 270 for the procedure for entry under this section.","sortOrder":353},{"sectionNumber":"sec.263","sectionType":"section","heading":"Power to enter place to take steps if biosecurity order not complied with","content":"### sec.263 Power to enter place to take steps if biosecurity order not complied with\n\nThis section applies if—\na person has been given a biosecurity order for a biosecurity risk at a place or because a biosecurity risk may happen at a place; and\nthe biosecurity order requires the person to take steps at the place to remove or reduce the biosecurity risk or prevent the biosecurity risk from recurring; and\nthe person has failed to take the steps as required by the order.\nThe issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place to take the steps stated in the order.\nSee, however, the restrictions on entry under section 259 (2) .\nSee section 271 for the procedure for entry under this section.\n(sec.263-ssec.1) This section applies if— a person has been given a biosecurity order for a biosecurity risk at a place or because a biosecurity risk may happen at a place; and the biosecurity order requires the person to take steps at the place to remove or reduce the biosecurity risk or prevent the biosecurity risk from recurring; and the person has failed to take the steps as required by the order.\n(sec.263-ssec.2) The issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place to take the steps stated in the order. See, however, the restrictions on entry under section 259 (2) . See section 271 for the procedure for entry under this section.\n- (a) a person has been given a biosecurity order for a biosecurity risk at a place or because a biosecurity risk may happen at a place; and\n- (b) the biosecurity order requires the person to take steps at the place to remove or reduce the biosecurity risk or prevent the biosecurity risk from recurring; and\n- (c) the person has failed to take the steps as required by the order.\n- 1 See, however, the restrictions on entry under section 259 (2) .\n- 2 See section 271 for the procedure for entry under this section.","sortOrder":354},{"sectionNumber":"sec.264","sectionType":"section","heading":"Power to enter place to take action required under direction","content":"### sec.264 Power to enter place to take action required under direction\n\nThis section applies if—\nan authorised officer gives a person a direction under this Act other than under a biosecurity order; and\na direction under a biosecurity program, a biosecurity emergency order or a movement control order\nthe person fails to take the action required under the direction.\nThe issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place the subject of the direction and take the action at the place that is required under the direction.\nSee, however, the restrictions on entry under section 259 (2) .\nSee section 271 for the procedure for entry under this section.\n(sec.264-ssec.1) This section applies if— an authorised officer gives a person a direction under this Act other than under a biosecurity order; and a direction under a biosecurity program, a biosecurity emergency order or a movement control order the person fails to take the action required under the direction.\n(sec.264-ssec.2) The issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place the subject of the direction and take the action at the place that is required under the direction. See, however, the restrictions on entry under section 259 (2) . See section 271 for the procedure for entry under this section.\n- (a) an authorised officer gives a person a direction under this Act other than under a biosecurity order; and Example of a direction under this Act— a direction under a biosecurity program, a biosecurity emergency order or a movement control order\n- (b) the person fails to take the action required under the direction.\n- 1 See, however, the restrictions on entry under section 259 (2) .\n- 2 See section 271 for the procedure for entry under this section.","sortOrder":355},{"sectionNumber":"ch.10-pt.2-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":356},{"sectionNumber":"sec.265","sectionType":"section","heading":"Application of div 2","content":"### sec.265 Application of div 2\n\nThis division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 259 (1) (a) .","sortOrder":357},{"sectionNumber":"sec.266","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.266 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":358},{"sectionNumber":"sec.267","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"### sec.267 Matters authorised officer must tell occupier\n\nBefore asking for the consent, the authorised officer must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":359},{"sectionNumber":"sec.268","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.268 Consent acknowledgement\n\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers intended to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent; and\nthe occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nHowever, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the authorised officer must give the copy as soon as practicable.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.268-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.268-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers intended to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; and the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.268-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.268-ssec.4) However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the authorised officer must give the copy as soon as practicable.\n(sec.268-ssec.5) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers intended to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent; and\n- (c) the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":360},{"sectionNumber":"ch.10-pt.2-div.3","sectionType":"division","heading":"Entry for particular purposes","content":"## Entry for particular purposes","sortOrder":361},{"sectionNumber":"sec.269","sectionType":"section","heading":"Entry of place under s 260","content":"### sec.269 Entry of place under s 260\n\nThis section applies to an authorised officer intending to enter a place under section 260 .\nThe authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\nSee division 2 .\nIf the occupier refuses to consent to the entry, the authorised officer must not enter the place unless the entry is under a warrant.\nIf the authorised officer is unable to locate an occupier after making a reasonable attempt to do so, the authorised officer may enter the place.\nIf the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\n(sec.269-ssec.1) This section applies to an authorised officer intending to enter a place under section 260 .\n(sec.269-ssec.2) The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry. See division 2 .\n(sec.269-ssec.3) If the occupier refuses to consent to the entry, the authorised officer must not enter the place unless the entry is under a warrant.\n(sec.269-ssec.4) If the authorised officer is unable to locate an occupier after making a reasonable attempt to do so, the authorised officer may enter the place.\n(sec.269-ssec.5) If the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.","sortOrder":362},{"sectionNumber":"sec.270","sectionType":"section","heading":"Entry of place under ss 261 and 262","content":"### sec.270 Entry of place under ss 261 and 262\n\nThis section applies to an authorised officer intending to enter a place under section 261 or 262 .\nThe authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and advise the occupier of the officer’s intention to enter the place.\nThe authorised officer may enter the place if the officer is unable to locate an occupier after making a reasonable attempt to do so.\nIf the authorised officer finds an occupier present at the place, whether before or after entering the place, the officer must make reasonable attempts to—\nproduce the authorised officer’s identity card for the occupier’s inspection; and\ninform the occupier—\nof the reason for entering the place; and\nthat the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and\nif the entry relates to a biosecurity program—\nof any steps taken, or to be taken, under the biosecurity program; and\nif steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\nSee, however, the restrictions on entry under section 259 (2) .\nIf the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4) (b) .\ns 270 amd 2024 No. 17 s 102\n(sec.270-ssec.1) This section applies to an authorised officer intending to enter a place under section 261 or 262 .\n(sec.270-ssec.2) The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and advise the occupier of the officer’s intention to enter the place.\n(sec.270-ssec.3) The authorised officer may enter the place if the officer is unable to locate an occupier after making a reasonable attempt to do so.\n(sec.270-ssec.4) If the authorised officer finds an occupier present at the place, whether before or after entering the place, the officer must make reasonable attempts to— produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and if the entry relates to a biosecurity program— of any steps taken, or to be taken, under the biosecurity program; and if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken. See, however, the restrictions on entry under section 259 (2) .\n(sec.270-ssec.5) If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4) (b) .\n- (a) produce the authorised officer’s identity card for the occupier’s inspection; and\n- (b) inform the occupier— (i) of the reason for entering the place; and (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and (iii) if the entry relates to a biosecurity program— (A) of any steps taken, or to be taken, under the biosecurity program; and (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\n- (i) of the reason for entering the place; and\n- (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and\n- (iii) if the entry relates to a biosecurity program— (A) of any steps taken, or to be taken, under the biosecurity program; and (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\n- (A) of any steps taken, or to be taken, under the biosecurity program; and\n- (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\n- (i) of the reason for entering the place; and\n- (ii) that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and\n- (iii) if the entry relates to a biosecurity program— (A) of any steps taken, or to be taken, under the biosecurity program; and (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\n- (A) of any steps taken, or to be taken, under the biosecurity program; and\n- (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.\n- (A) of any steps taken, or to be taken, under the biosecurity program; and\n- (B) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.","sortOrder":363},{"sectionNumber":"sec.271","sectionType":"section","heading":"Entry of place under ss 263 and 264","content":"### sec.271 Entry of place under ss 263 and 264\n\nThis section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263 or 264 .\nThe person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\nSee division 2 .\nThe person may enter the place if—\nthe person is unable to locate an occupier after making a reasonable attempt to do so; or\nthe occupier refuses to consent to the entry.\nIf, after the person enters the place under subsection (3) (a) , the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to—\neither—\nif the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or\nif the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and\ninform the occupier—\nof the reason for entering the place; and\nthat the person is authorised under this Act to enter the place without the permission of the occupier.\nSee, however, the restrictions on entry under section 259 (2) .\nIf the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\n(sec.271-ssec.1) This section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263 or 264 .\n(sec.271-ssec.2) The person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry. See division 2 .\n(sec.271-ssec.3) The person may enter the place if— the person is unable to locate an occupier after making a reasonable attempt to do so; or the occupier refuses to consent to the entry.\n(sec.271-ssec.4) If, after the person enters the place under subsection (3) (a) , the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to— either— if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and inform the occupier— of the reason for entering the place; and that the person is authorised under this Act to enter the place without the permission of the occupier. See, however, the restrictions on entry under section 259 (2) .\n(sec.271-ssec.5) If the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\n- (a) the person is unable to locate an occupier after making a reasonable attempt to do so; or\n- (b) the occupier refuses to consent to the entry.\n- (a) either— (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and\n- (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or\n- (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and\n- (b) inform the occupier— (i) of the reason for entering the place; and (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .\n- (i) of the reason for entering the place; and\n- (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .\n- (i) if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or\n- (ii) if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and\n- (i) of the reason for entering the place; and\n- (ii) that the person is authorised under this Act to enter the place without the permission of the occupier. Note— See, however, the restrictions on entry under section 259 (2) .","sortOrder":364},{"sectionNumber":"ch.10-pt.2-div.4","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":365},{"sectionNumber":"sec.272","sectionType":"section","heading":"Application for warrant","content":"### sec.272 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.272-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.272-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.272-ssec.3) The written application must be sworn.\n(sec.272-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":366},{"sectionNumber":"sec.273","sectionType":"section","heading":"Issue of warrant","content":"### sec.273 Issue of warrant\n\nThe magistrate may issue a warrant for the place only under subsection (2) or (3) .\nThe magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that—\nthere is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or\nthere is a biosecurity risk at the place.\nAlso, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256 (1) (a) or (b) at the place if—\nthe place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and\nthe magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place.\nThe magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer or any authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised officer’s powers; and\nparticulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and\nif the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nwhether the authorised officer may exercise powers under section 320 ; and\nif the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nexcept for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\nIf the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant.\nTo the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days—\nthe day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order;\nthe day stated in the warrant.\ns 273 amd 2024 No. 17 s 103\n(sec.273-ssec.1) The magistrate may issue a warrant for the place only under subsection (2) or (3) .\n(sec.273-ssec.2) The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that— there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or there is a biosecurity risk at the place.\n(sec.273-ssec.3) Also, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256 (1) (a) or (b) at the place if— the place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place. The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful.\n(sec.273-ssec.4) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and if the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and whether the authorised officer may exercise powers under section 320 ; and if the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.273-ssec.5) If the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant.\n(sec.273-ssec.6) To the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days— the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order; the day stated in the warrant.\n- (a) there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or\n- (b) there is a biosecurity risk at the place.\n- (a) the place is a place mentioned in section 259 (1) (b) or (d) or a place to which section 259 (1) (e) applies; and\n- (b) the magistrate is satisfied it is reasonably necessary that the authorised officer should have access to the place for the purpose of effectively performing the function at the place. Example for paragraph (b) — The magistrate may be satisfied under paragraph (b) if the authorised officer has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and\n- (c) particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and\n- (d) if the warrant is issued under subsection (2) , the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) whether the authorised officer may exercise powers under section 320 ; and\n- (g) if the authorised officer may exercise powers under section 320 , the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and\n- (h) the hours of the day or night when the place may be entered; and\n- (i) the magistrate’s name; and\n- (j) the day and time of the warrant’s issue; and\n- (k) except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and\n- (a) the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order;\n- (b) the day stated in the warrant.","sortOrder":367},{"sectionNumber":"sec.274","sectionType":"section","heading":"Electronic application","content":"### sec.274 Electronic application\n\nAn application under section 272 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 272 (2) ; but\nmay be made before the written application is sworn.\n(sec.274-ssec.1) An application under section 272 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.274-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 272 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 272 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":368},{"sectionNumber":"sec.275","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.275 Additional procedure if electronic application\n\nFor an application made under section 274 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 274 ; and\nthe way the application was made under section 274 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe magistrate must tell the authorised officer the information mentioned in section 273 (4) ; and\nthe authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273 (4) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 272 (2) and (3) ; and\nif the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 272 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.275-ssec.1) For an application made under section 274 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 274 ; and the way the application was made under section 274 was appropriate.\n(sec.275-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 273 (4) ; and the authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273 (4) provided by the magistrate.\n(sec.275-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.275-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 272 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.275-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.275-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.275-ssec.7) This section does not limit section 272 .\n(sec.275-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 274 ; and\n- (b) the way the application was made under section 274 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the magistrate must tell the authorised officer the information mentioned in section 273 (4) ; and (ii) the authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273 (4) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 273 (4) ; and\n- (ii) the authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273 (4) provided by the magistrate.\n- (i) the magistrate must tell the authorised officer the information mentioned in section 273 (4) ; and\n- (ii) the authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273 (4) provided by the magistrate.\n- (a) the written application complying with section 272 (2) and (3) ; and\n- (b) if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":369},{"sectionNumber":"sec.276","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.276 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with sections 272 to 274 ;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 275 (3) .\n(sec.276-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with sections 272 to 274 ; unless the defect affects the substance of the warrant in a material particular.\n(sec.276-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 275 (3) .\n- (a) the warrant; or\n- (b) compliance with sections 272 to 274 ;","sortOrder":370},{"sectionNumber":"sec.277","sectionType":"section","heading":"Entry procedure","content":"### sec.277 Entry procedure\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 275 (3) .\n(sec.277-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\n(sec.277-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.277-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.277-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 275 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":371},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Emergency powers of inspectors","content":"# Emergency powers of inspectors","sortOrder":372},{"sectionNumber":"sec.278","sectionType":"section","heading":"Application of pt 3","content":"### sec.278 Application of pt 3\n\nThis part applies if an inspector is satisfied on reasonable grounds—\nan activity is being carried out or there is biosecurity matter at a place, other than a place, or part of a place, used for residential purposes; and\nit is necessary to exercise powers under this part to avoid an imminent and significant biosecurity risk from the activity or biosecurity matter.\n- (a) an activity is being carried out or there is biosecurity matter at a place, other than a place, or part of a place, used for residential purposes; and\n- (b) it is necessary to exercise powers under this part to avoid an imminent and significant biosecurity risk from the activity or biosecurity matter.","sortOrder":373},{"sectionNumber":"sec.279","sectionType":"section","heading":"Power and procedure for entry","content":"### sec.279 Power and procedure for entry\n\nThe inspector may, without a warrant or the consent of the occupier of the place, enter the place.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\ncomply with section 330 (1) ;\ntell the occupier the inspector is permitted under this Act to enter the place.\nHowever, the inspector need not comply with subsection (2) if the inspector reasonably believes that immediate entry to the place is required to avoid an imminent and significant biosecurity risk.\n(sec.279-ssec.1) The inspector may, without a warrant or the consent of the occupier of the place, enter the place.\n(sec.279-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— comply with section 330 (1) ; tell the occupier the inspector is permitted under this Act to enter the place.\n(sec.279-ssec.3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes that immediate entry to the place is required to avoid an imminent and significant biosecurity risk.\n- (a) comply with section 330 (1) ;\n- (b) tell the occupier the inspector is permitted under this Act to enter the place.","sortOrder":374},{"sectionNumber":"sec.280","sectionType":"section","heading":"Power in relation to activity or biosecurity matter","content":"### sec.280 Power in relation to activity or biosecurity matter\n\nThe inspector may in relation to the activity or biosecurity matter mentioned in section 278 , and to the extent reasonably necessary for managing the activity or matter—\ndirect a person at the place to take stated reasonable steps within a stated reasonable period; or\ntake reasonable steps; or\nauthorise another person to take reasonable steps.\nWithout limiting subsection (1) , reasonable steps may include steps requiring any person—\nto remain at the place or not to enter the place; and\nto clean or disinfect the place, a structure or another thing; and\nto destroy the biosecurity matter or remove the biosecurity matter to another place to destroy it; and\nto destroy a carrier of the biosecurity matter or remove the carrier to another place to destroy it; and\nto dispose of the biosecurity matter other than by destroying it; and\nto do something that assists with a step mentioned in paragraphs (b) to (e) ; and\nto stop doing something that may interfere with a step mentioned in paragraphs (b) to (e) .\nThe direction may be given orally or by notice.\nHowever, if the direction is given orally, the inspector must as soon as practicable confirm the direction by notice given to the person.\nIf the inspector takes the steps, the inspector also may exercise any of the powers of an inspector under this chapter.\n(sec.280-ssec.1) The inspector may in relation to the activity or biosecurity matter mentioned in section 278 , and to the extent reasonably necessary for managing the activity or matter— direct a person at the place to take stated reasonable steps within a stated reasonable period; or take reasonable steps; or authorise another person to take reasonable steps.\n(sec.280-ssec.2) Without limiting subsection (1) , reasonable steps may include steps requiring any person— to remain at the place or not to enter the place; and to clean or disinfect the place, a structure or another thing; and to destroy the biosecurity matter or remove the biosecurity matter to another place to destroy it; and to destroy a carrier of the biosecurity matter or remove the carrier to another place to destroy it; and to dispose of the biosecurity matter other than by destroying it; and to do something that assists with a step mentioned in paragraphs (b) to (e) ; and to stop doing something that may interfere with a step mentioned in paragraphs (b) to (e) .\n(sec.280-ssec.3) The direction may be given orally or by notice.\n(sec.280-ssec.4) However, if the direction is given orally, the inspector must as soon as practicable confirm the direction by notice given to the person.\n(sec.280-ssec.5) If the inspector takes the steps, the inspector also may exercise any of the powers of an inspector under this chapter.\n- (a) direct a person at the place to take stated reasonable steps within a stated reasonable period; or\n- (b) take reasonable steps; or\n- (c) authorise another person to take reasonable steps.\n- (a) to remain at the place or not to enter the place; and\n- (b) to clean or disinfect the place, a structure or another thing; and\n- (c) to destroy the biosecurity matter or remove the biosecurity matter to another place to destroy it; and\n- (d) to destroy a carrier of the biosecurity matter or remove the carrier to another place to destroy it; and\n- (e) to dispose of the biosecurity matter other than by destroying it; and\n- (f) to do something that assists with a step mentioned in paragraphs (b) to (e) ; and\n- (g) to stop doing something that may interfere with a step mentioned in paragraphs (b) to (e) .","sortOrder":375},{"sectionNumber":"sec.281","sectionType":"section","heading":"How power may be exercised","content":"### sec.281 How power may be exercised\n\nThe inspector may exercise the powers mentioned in sections 279 (1) and 280 (1) (b) and (5) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances.\nIn exercising or attempting to exercise emergency powers, an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\nIf an inspector authorises a person to take steps under section 280 (1) (c) —\nthe person may exercise the powers mentioned in section 280 (5) ; and\nthe inspector must inform the person—\nof the steps the person is authorised to take; and\nof the person’s powers under this part.\n(sec.281-ssec.1) The inspector may exercise the powers mentioned in sections 279 (1) and 280 (1) (b) and (5) (the emergency powers ) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.281-ssec.2) In exercising or attempting to exercise emergency powers, an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.281-ssec.3) If an inspector authorises a person to take steps under section 280 (1) (c) — the person may exercise the powers mentioned in section 280 (5) ; and the inspector must inform the person— of the steps the person is authorised to take; and of the person’s powers under this part.\n- (a) the person may exercise the powers mentioned in section 280 (5) ; and\n- (b) the inspector must inform the person— (i) of the steps the person is authorised to take; and (ii) of the person’s powers under this part.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this part.\n- (i) of the steps the person is authorised to take; and\n- (ii) of the person’s powers under this part.","sortOrder":376},{"sectionNumber":"sec.282","sectionType":"section","heading":"Requirement to give chief executive notice","content":"### sec.282 Requirement to give chief executive notice\n\nAn inspector exercising powers under this part must as soon as practicable after exercising the powers give the chief executive notice of the fact.","sortOrder":377},{"sectionNumber":"sec.283","sectionType":"section","heading":"Duration of emergency powers","content":"### sec.283 Duration of emergency powers\n\nAn inspector exercising powers under this part at a place may exercise the powers until the first of the following happens—\nthe imminent and significant biosecurity risk from the activity being carried out, or from the biosecurity matter, at the place is avoided;\nthe end of the following period after the inspector first exercises the powers—\n96 hours;\na longer period, of not more than 168 hours, if approved by the chief executive under subsection (2) .\nThe chief executive may approve the longer period for the exercise of the powers at the place if—\nan inspector exercising the powers makes a written request to the chief executive to approve the longer period and gives reasons for the request; and\nthe chief executive, having regard to the request, is satisfied the longer period is necessary for exercising the powers.\nIf the chief executive approves a longer period for the exercise of the powers at the place, the chief executive must—\ngive the inspector the approval in writing, including reasons for the approval; and\nif an entitled person asks for a copy of the approval—give the person a copy of the approval.\nIn this section—\nentitled person means—\nan occupier of the place; or\na person who is directed or authorised to take reasonable steps at the place under section 280 (1) (a) or (c) .\ns 283 sub 2024 No. 17 s 104\n(sec.283-ssec.1) An inspector exercising powers under this part at a place may exercise the powers until the first of the following happens— the imminent and significant biosecurity risk from the activity being carried out, or from the biosecurity matter, at the place is avoided; the end of the following period after the inspector first exercises the powers— 96 hours; a longer period, of not more than 168 hours, if approved by the chief executive under subsection (2) .\n(sec.283-ssec.2) The chief executive may approve the longer period for the exercise of the powers at the place if— an inspector exercising the powers makes a written request to the chief executive to approve the longer period and gives reasons for the request; and the chief executive, having regard to the request, is satisfied the longer period is necessary for exercising the powers.\n(sec.283-ssec.3) If the chief executive approves a longer period for the exercise of the powers at the place, the chief executive must— give the inspector the approval in writing, including reasons for the approval; and if an entitled person asks for a copy of the approval—give the person a copy of the approval.\n(sec.283-ssec.4) In this section— entitled person means— an occupier of the place; or a person who is directed or authorised to take reasonable steps at the place under section 280 (1) (a) or (c) .\n- (a) the imminent and significant biosecurity risk from the activity being carried out, or from the biosecurity matter, at the place is avoided;\n- (b) the end of the following period after the inspector first exercises the powers— (i) 96 hours; (ii) a longer period, of not more than 168 hours, if approved by the chief executive under subsection (2) .\n- (i) 96 hours;\n- (ii) a longer period, of not more than 168 hours, if approved by the chief executive under subsection (2) .\n- (i) 96 hours;\n- (ii) a longer period, of not more than 168 hours, if approved by the chief executive under subsection (2) .\n- (a) an inspector exercising the powers makes a written request to the chief executive to approve the longer period and gives reasons for the request; and\n- (b) the chief executive, having regard to the request, is satisfied the longer period is necessary for exercising the powers.\n- (a) give the inspector the approval in writing, including reasons for the approval; and\n- (b) if an entitled person asks for a copy of the approval—give the person a copy of the approval.\n- (a) an occupier of the place; or\n- (b) a person who is directed or authorised to take reasonable steps at the place under section 280 (1) (a) or (c) .","sortOrder":378},{"sectionNumber":"sec.284","sectionType":"section","heading":"Failure to comply with inspector’s directions in emergency","content":"### sec.284 Failure to comply with inspector’s directions in emergency\n\nA person to whom a direction is given under 280(1)(a) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty—2,000 penalty units.","sortOrder":379},{"sectionNumber":"sec.285","sectionType":"section","heading":"Inspector’s powers not affected","content":"### sec.285 Inspector’s powers not affected\n\nThis part does not limit any power an inspector has apart from the part.","sortOrder":380},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Other authorised officers’ powers and related matters","content":"# Other authorised officers’ powers and related matters","sortOrder":381},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Stopping or moving vehicles","content":"## Stopping or moving vehicles","sortOrder":382},{"sectionNumber":"sec.286","sectionType":"section","heading":"Application of div 1","content":"### sec.286 Application of div 1\n\nThis division applies if an authorised officer reasonably suspects, or is aware, that—\na thing in or on a vehicle may provide evidence of the commission of an offence against this Act; or\na vehicle, or a thing in or on the vehicle, may pose a biosecurity risk.\n- (a) a thing in or on a vehicle may provide evidence of the commission of an offence against this Act; or\n- (b) a vehicle, or a thing in or on the vehicle, may pose a biosecurity risk.","sortOrder":383},{"sectionNumber":"sec.287","sectionType":"section","heading":"Power to stop or move","content":"### sec.287 Power to stop or move\n\nIf the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.\nIf the vehicle is stopped, the authorised officer may direct the person in control of the vehicle—\nnot to move it until the authorised officer has exercised the authorised officer’s powers; or\nto move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.\nWhen giving the direction under subsection (2) , the authorised officer must give the person in control an offence warning for the direction.\n(sec.287-ssec.1) If the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.\n(sec.287-ssec.2) If the vehicle is stopped, the authorised officer may direct the person in control of the vehicle— not to move it until the authorised officer has exercised the authorised officer’s powers; or to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.\n(sec.287-ssec.3) When giving the direction under subsection (2) , the authorised officer must give the person in control an offence warning for the direction.\n- (a) not to move it until the authorised officer has exercised the authorised officer’s powers; or\n- (b) to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.","sortOrder":384},{"sectionNumber":"sec.288","sectionType":"section","heading":"Identification requirements if vehicle moving","content":"### sec.288 Identification requirements if vehicle moving\n\nThis section applies if the authorised officer proposes to give a direction under section 287 (1) and the vehicle is moving.\nThe authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers.\nIf the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.\nIf the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\nWhen the vehicle stops, the authorised officer must—\nhave with him or her the authorised officer’s identity card; and\nimmediately produce the identity card for the inspection of the person in control of the vehicle.\nSubsection (3) applies despite section 330 .\n(sec.288-ssec.1) This section applies if the authorised officer proposes to give a direction under section 287 (1) and the vehicle is moving.\n(sec.288-ssec.2) The authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers. If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers. If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\n(sec.288-ssec.3) When the vehicle stops, the authorised officer must— have with him or her the authorised officer’s identity card; and immediately produce the identity card for the inspection of the person in control of the vehicle.\n(sec.288-ssec.4) Subsection (3) applies despite section 330 .\n- 1 If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.\n- 2 If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.\n- (a) have with him or her the authorised officer’s identity card; and\n- (b) immediately produce the identity card for the inspection of the person in control of the vehicle.","sortOrder":385},{"sectionNumber":"sec.289","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.289 Failure to comply with direction\n\nThe person in control of the vehicle must comply with a direction under section 287 unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person not to comply with a direction if—\nthe vehicle was moving and the authorised officer did not comply with section 288 ; or\nto comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\nSubsection (2) does not limit subsection (1) .\nA person does not commit an offence against subsection (1) if—\nthe direction the person fails to comply with is given under section 287 (2) ; and\nthe person is not given an offence warning for the direction.\n(sec.289-ssec.1) The person in control of the vehicle must comply with a direction under section 287 unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.289-ssec.2) It is a reasonable excuse for the person not to comply with a direction if— the vehicle was moving and the authorised officer did not comply with section 288 ; or to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n(sec.289-ssec.3) Subsection (2) does not limit subsection (1) .\n(sec.289-ssec.4) A person does not commit an offence against subsection (1) if— the direction the person fails to comply with is given under section 287 (2) ; and the person is not given an offence warning for the direction.\n- (a) the vehicle was moving and the authorised officer did not comply with section 288 ; or\n- (b) to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n- (a) the direction the person fails to comply with is given under section 287 (2) ; and\n- (b) the person is not given an offence warning for the direction.","sortOrder":386},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Stopping or moving travelling animals","content":"## Stopping or moving travelling animals","sortOrder":387},{"sectionNumber":"sec.290","sectionType":"section","heading":"Application of div 2","content":"### sec.290 Application of div 2\n\nThis division applies if an inspector reasonably suspects, or is aware, that an animal travelling on a stock route, or on a reserve for the travelling of animals in association with being travelled on a stock route, may pose a biosecurity risk.","sortOrder":388},{"sectionNumber":"sec.291","sectionType":"section","heading":"Power to stop or move","content":"### sec.291 Power to stop or move\n\nIf the animal is travelling on the stock route, the inspector may, to exercise his or her powers, signal or otherwise direct the person driving the animal—\nto stop the animal; and\neither—\nto drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or\nto return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\nIf the animal is on a reserve for travelling stock, the inspector may direct the person in control of the animal—\nnot to move it until the inspector has exercised the inspector’s powers; or\nto drive the animal to, and keep it at, a stated reasonable place to allow the inspector to exercise the powers; or\nto return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\nWhen giving the direction under subsection (2) , the inspector must give the person in control an offence warning for the direction.\n(sec.291-ssec.1) If the animal is travelling on the stock route, the inspector may, to exercise his or her powers, signal or otherwise direct the person driving the animal— to stop the animal; and either— to drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\n(sec.291-ssec.2) If the animal is on a reserve for travelling stock, the inspector may direct the person in control of the animal— not to move it until the inspector has exercised the inspector’s powers; or to drive the animal to, and keep it at, a stated reasonable place to allow the inspector to exercise the powers; or to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\n(sec.291-ssec.3) When giving the direction under subsection (2) , the inspector must give the person in control an offence warning for the direction.\n- (a) to stop the animal; and\n- (b) either— (i) to drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or (ii) to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\n- (i) to drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or\n- (ii) to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\n- (i) to drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or\n- (ii) to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.\n- (a) not to move it until the inspector has exercised the inspector’s powers; or\n- (b) to drive the animal to, and keep it at, a stated reasonable place to allow the inspector to exercise the powers; or\n- (c) to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.","sortOrder":389},{"sectionNumber":"sec.292","sectionType":"section","heading":"Identification requirements if animal travelling on stock route","content":"### sec.292 Identification requirements if animal travelling on stock route\n\nThis section applies if the inspector proposes to give a direction under section 291 (1) and the animal is travelling on the stock route.\nThe inspector must clearly identify himself or herself to the person driving the animal as an inspector exercising the inspector’s powers.\nWhen the person driving the animal stops the animal, the inspector must—\nhave with him or her the inspector’s identity card; and\nimmediately produce the identity card for the inspection of the person driving the animal.\nSubsection (3) applies despite section 330 .\n(sec.292-ssec.1) This section applies if the inspector proposes to give a direction under section 291 (1) and the animal is travelling on the stock route.\n(sec.292-ssec.2) The inspector must clearly identify himself or herself to the person driving the animal as an inspector exercising the inspector’s powers.\n(sec.292-ssec.3) When the person driving the animal stops the animal, the inspector must— have with him or her the inspector’s identity card; and immediately produce the identity card for the inspection of the person driving the animal.\n(sec.292-ssec.4) Subsection (3) applies despite section 330 .\n- (a) have with him or her the inspector’s identity card; and\n- (b) immediately produce the identity card for the inspection of the person driving the animal.","sortOrder":390},{"sectionNumber":"sec.293","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.293 Failure to comply with direction\n\nThe person driving the animal or in control of the animal must comply with a direction under section 291 unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person not to comply with a direction if—\nthe animal was travelling on the stock route and the inspector did not comply with section 292 ; or\nto comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\nSubsection (2) does not limit subsection (1) .\nA person does not commit an offence against subsection (1) if—\nthe direction the person fails to comply with is given under section 291 (2) ; and\nthe person is not given an offence warning for the direction.\n(sec.293-ssec.1) The person driving the animal or in control of the animal must comply with a direction under section 291 unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.293-ssec.2) It is a reasonable excuse for the person not to comply with a direction if— the animal was travelling on the stock route and the inspector did not comply with section 292 ; or to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n(sec.293-ssec.3) Subsection (2) does not limit subsection (1) .\n(sec.293-ssec.4) A person does not commit an offence against subsection (1) if— the direction the person fails to comply with is given under section 291 (2) ; and the person is not given an offence warning for the direction.\n- (a) the animal was travelling on the stock route and the inspector did not comply with section 292 ; or\n- (b) to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.\n- (a) the direction the person fails to comply with is given under section 291 (2) ; and\n- (b) the person is not given an offence warning for the direction.","sortOrder":391},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Aerial control measures","content":"## Aerial control measures","sortOrder":392},{"sectionNumber":"sec.294","sectionType":"section","heading":"Power to carry out aerial control measures under biosecurity program","content":"### sec.294 Power to carry out aerial control measures under biosecurity program\n\nThis section applies if a biosecurity program authorises the carrying out of an aerial control measure for biosecurity matter.\nAn authorised officer may carry out, or direct another person to carry out, the aerial control measure for the biosecurity matter in relation to a place.\nThe authorised officer must give notice of the proposed aerial control measure for the biosecurity matter to an occupier of the place at least 48 hours before carrying out the measure (the notice period ) unless—\nthe measure will be carried out from a height of more than 350 feet above the place; or\n350 feet is approximately 110m\nit would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period.\nA biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place.\nAnother law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies.\nHowever, if subsection (3) (b) applies, the authorised officer must make reasonable attempts to advise an occupier of the place about the aerial control measure before the measure is carried out.\nA notice under subsection (3) must include—\na description of the biosecurity program authorising the aerial control measure; and\na description of the aerial control measure; and\nthe period during which the aerial control measure will be carried out.\nIn this section—\naerial control measure , for biosecurity matter, means an activity, done from the air by an airborne machine or a person in an aircraft, to achieve a purpose of a biosecurity program and includes the following—\nsurveying and monitoring the biosecurity matter;\ndistributing an agricultural chemical to control the biosecurity matter.\nairborne machine means a machine that can operate in air without carrying a person to pilot the machine.\n(sec.294-ssec.1) This section applies if a biosecurity program authorises the carrying out of an aerial control measure for biosecurity matter.\n(sec.294-ssec.2) An authorised officer may carry out, or direct another person to carry out, the aerial control measure for the biosecurity matter in relation to a place.\n(sec.294-ssec.3) The authorised officer must give notice of the proposed aerial control measure for the biosecurity matter to an occupier of the place at least 48 hours before carrying out the measure (the notice period ) unless— the measure will be carried out from a height of more than 350 feet above the place; or 350 feet is approximately 110m it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period. A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place. Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies.\n(sec.294-ssec.4) However, if subsection (3) (b) applies, the authorised officer must make reasonable attempts to advise an occupier of the place about the aerial control measure before the measure is carried out.\n(sec.294-ssec.5) A notice under subsection (3) must include— a description of the biosecurity program authorising the aerial control measure; and a description of the aerial control measure; and the period during which the aerial control measure will be carried out.\n(sec.294-ssec.6) In this section— aerial control measure , for biosecurity matter, means an activity, done from the air by an airborne machine or a person in an aircraft, to achieve a purpose of a biosecurity program and includes the following— surveying and monitoring the biosecurity matter; distributing an agricultural chemical to control the biosecurity matter. airborne machine means a machine that can operate in air without carrying a person to pilot the machine.\n- (a) the measure will be carried out from a height of more than 350 feet above the place; or Editor’s note— 350 feet is approximately 110m\n- (b) it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period. Example for paragraph (b) — A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place. Note— Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies.\n- (a) a description of the biosecurity program authorising the aerial control measure; and\n- (b) a description of the aerial control measure; and\n- (c) the period during which the aerial control measure will be carried out.\n- (a) surveying and monitoring the biosecurity matter;\n- (b) distributing an agricultural chemical to control the biosecurity matter.","sortOrder":393},{"sectionNumber":"ch.10-pt.4-div.4","sectionType":"division","heading":"General powers of authorised officers after entering places","content":"## General powers of authorised officers after entering places","sortOrder":394},{"sectionNumber":"sec.295","sectionType":"section","heading":"Application of div 4","content":"### sec.295 Application of div 4\n\nThe powers under this division may be exercised if an authorised officer enters a place under—\nsection 259 (1) (a) ; or\nsection 259 (1) (c) ; or\nsection 259 (1) (d) ; or\nsection 260 ; or\nsection 261 ; or\nsection 262 ; or\nsection 263 ; or\nsection 264 ; or\npart 3 ; or\nchapter 6 .\nHowever, if the authorised officer enters under section 259 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.295-ssec.1) The powers under this division may be exercised if an authorised officer enters a place under— section 259 (1) (a) ; or section 259 (1) (c) ; or section 259 (1) (d) ; or section 260 ; or section 261 ; or section 262 ; or section 263 ; or section 264 ; or part 3 ; or chapter 6 .\n(sec.295-ssec.2) However, if the authorised officer enters under section 259 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n- (a) section 259 (1) (a) ; or\n- (b) section 259 (1) (c) ; or\n- (c) section 259 (1) (d) ; or\n- (d) section 260 ; or\n- (e) section 261 ; or\n- (f) section 262 ; or\n- (g) section 263 ; or\n- (h) section 264 ; or\n- (i) part 3 ; or\n- (j) chapter 6 .","sortOrder":395},{"sectionNumber":"sec.296","sectionType":"section","heading":"General powers","content":"### sec.296 General powers\n\nThe authorised officer may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ninsert a microchip in a horse’s neck to indicate that the horse has equine influenza\nplace a sign or notice at the place;\na notice stating the area is subject to a biosecurity emergency order\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, detection animal, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;\ndestroy biosecurity matter or a carrier if—\nthe authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk; and\nthe owner of the biosecurity matter or carrier consents to its destruction;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised officer may take a necessary step to allow the exercise of a general power.\nIf the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.\nIf the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.296-ssec.1) The authorised officer may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; insert a microchip in a horse’s neck to indicate that the horse has equine influenza place a sign or notice at the place; a notice stating the area is subject to a biosecurity emergency order produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, detection animal, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division; destroy biosecurity matter or a carrier if— the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk; and the owner of the biosecurity matter or carrier consents to its destruction; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.296-ssec.2) The authorised officer may take a necessary step to allow the exercise of a general power.\n(sec.296-ssec.3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.\n(sec.296-ssec.4) If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.\n(sec.296-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place; Example— insert a microchip in a horse’s neck to indicate that the horse has equine influenza\n- (e) place a sign or notice at the place; Example of a sign or notice— a notice stating the area is subject to a biosecurity emergency order\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, detection animal, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;\n- (h) destroy biosecurity matter or a carrier if— (i) the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk; and (ii) the owner of the biosecurity matter or carrier consents to its destruction;\n- (i) the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk; and\n- (ii) the owner of the biosecurity matter or carrier consents to its destruction;\n- (i) remain at the place for the time necessary to achieve the purpose of the entry.\n- (i) the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk; and\n- (ii) the owner of the biosecurity matter or carrier consents to its destruction;","sortOrder":396},{"sectionNumber":"sec.297","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.297 Power to require reasonable help\n\nThe authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the authorised officer must give the person an offence warning for the requirement.\n(sec.297-ssec.1) The authorised officer may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.297-ssec.2) When making the help requirement, the authorised officer must give the person an offence warning for the requirement.","sortOrder":397},{"sectionNumber":"sec.298","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.298 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.\nSee, however, section 328 .\n(sec.298-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.298-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.298-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act. See, however, section 328 .","sortOrder":398},{"sectionNumber":"ch.10-pt.4-div.5","sectionType":"division","heading":"Seizure by authorised officers and forfeiture","content":"## Seizure by authorised officers and forfeiture","sortOrder":399},{"sectionNumber":"sec.299","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.299 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant under section 273 (2) may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this Act.\nSubsection (1) applies even if the entry is under a warrant issued under section 273 (3) .\n(sec.299-ssec.1) An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant under section 273 (2) may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this Act.\n(sec.299-ssec.2) Subsection (1) applies even if the entry is under a warrant issued under section 273 (3) .","sortOrder":400},{"sectionNumber":"sec.300","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.300 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe authorised officer enters the place after obtaining the consent or under a warrant issued under section 273 (2) .\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—\nthe authorised officer reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place under a warrant issued under section 273 (2) , the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer also may seize anything else at the place if the authorised officer reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nThe authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\n(sec.300-ssec.1) This section applies if— an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised officer enters the place after obtaining the consent or under a warrant issued under section 273 (2) .\n(sec.300-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if— the authorised officer reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.300-ssec.3) If the authorised officer enters the place under a warrant issued under section 273 (2) , the authorised officer may seize the evidence for which the warrant was issued.\n(sec.300-ssec.4) The authorised officer also may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.300-ssec.5) The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised officer enters the place after obtaining the consent or under a warrant issued under section 273 (2) .\n- (a) the authorised officer reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":401},{"sectionNumber":"sec.301","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.301 Seizure of property subject to security\n\nAn authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the officer.\n(sec.301-ssec.1) An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person.\n(sec.301-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the officer.","sortOrder":402},{"sectionNumber":"sec.302","sectionType":"section","heading":"Requirement of person in control of thing to be seized","content":"### sec.302 Requirement of person in control of thing to be seized\n\nTo enable a thing to be seized, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.302-ssec.1) To enable a thing to be seized, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable time.\n(sec.302-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":403},{"sectionNumber":"sec.303","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.303 Offence to contravene seizure requirement\n\nA person of whom a requirement is made under section 302 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":404},{"sectionNumber":"sec.304","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.304 Power to secure seized thing\n\nHaving seized a thing under this division, an authorised officer may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the authorised officer may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n(sec.304-ssec.1) Having seized a thing under this division, an authorised officer may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.304-ssec.2) For subsection (1) (a) , the authorised officer may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .","sortOrder":405},{"sectionNumber":"sec.305","sectionType":"section","heading":"Offence to contravene other seizure requirement","content":"### sec.305 Offence to contravene other seizure requirement\n\nA person must comply with a requirement made of the person under section 304 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":406},{"sectionNumber":"sec.306","sectionType":"section","heading":"Offence to interfere","content":"### sec.306 Offence to interfere\n\nIf access to a seized thing is restricted under section 304 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place is restricted under section 304 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised officer’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.306-ssec.1) If access to a seized thing is restricted under section 304 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.306-ssec.2) If access to a place is restricted under section 304 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised officer’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised officer’s approval; or\n- (b) a reasonable excuse.","sortOrder":407},{"sectionNumber":"sec.307","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.307 Receipt and information notice for seized thing\n\nThis section applies if an authorised officer seizes anything under this division unless—\nthe authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\nThe authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice for the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act.\nHowever, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.307-ssec.1) This section applies if an authorised officer seizes anything under this division unless— the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\n(sec.307-ssec.2) The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice for the decision to seize it.\n(sec.307-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.307-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.307-ssec.5) The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act.\n(sec.307-ssec.6) However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice for the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":408},{"sectionNumber":"sec.308","sectionType":"section","heading":"Access to seized thing","content":"### sec.308 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.308-ssec.1) Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.308-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.308-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":409},{"sectionNumber":"sec.309","sectionType":"section","heading":"Return of seized thing","content":"### sec.309 Return of seized thing\n\nThis section applies if a seized thing has some intrinsic value and is not—\nforfeited or transferred under subdivision 4 or 5 ; or\nsubject to a disposal order under division 6 .\nThe authorised officer must return the seized thing to an owner—\nfor a thing seized under section 299 or 300 —\ngenerally—at the end of 6 months after the seizure; or\nif a proceeding for an offence involving the thing is started within the 6 months, at the end of the proceeding and any appeal from the proceeding; or\nfor a thing seized under section 320 , if—\nthe thing ceases to be a biosecurity risk; or\nthe authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized.\nDespite subsection (2) , if the thing was seized as evidence, the authorised officer must return the thing seized to an owner as soon as practicable after the authorised officer is satisfied—\nits continued retention as evidence is no longer required; and\nits continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\nit is lawful for the owner to possess it.\nNothing in this section affects a lien or other security over the seized thing.\n(sec.309-ssec.1) This section applies if a seized thing has some intrinsic value and is not— forfeited or transferred under subdivision 4 or 5 ; or subject to a disposal order under division 6 .\n(sec.309-ssec.2) The authorised officer must return the seized thing to an owner— for a thing seized under section 299 or 300 — generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months, at the end of the proceeding and any appeal from the proceeding; or for a thing seized under section 320 , if— the thing ceases to be a biosecurity risk; or the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized.\n(sec.309-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the authorised officer must return the thing seized to an owner as soon as practicable after the authorised officer is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and it is lawful for the owner to possess it.\n(sec.309-ssec.4) Nothing in this section affects a lien or other security over the seized thing.\n- (a) forfeited or transferred under subdivision 4 or 5 ; or\n- (b) subject to a disposal order under division 6 .\n- (a) for a thing seized under section 299 or 300 — (i) generally—at the end of 6 months after the seizure; or (ii) if a proceeding for an offence involving the thing is started within the 6 months, at the end of the proceeding and any appeal from the proceeding; or\n- (i) generally—at the end of 6 months after the seizure; or\n- (ii) if a proceeding for an offence involving the thing is started within the 6 months, at the end of the proceeding and any appeal from the proceeding; or\n- (b) for a thing seized under section 320 , if— (i) the thing ceases to be a biosecurity risk; or (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized.\n- (i) the thing ceases to be a biosecurity risk; or\n- (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized.\n- (i) generally—at the end of 6 months after the seizure; or\n- (ii) if a proceeding for an offence involving the thing is started within the 6 months, at the end of the proceeding and any appeal from the proceeding; or\n- (i) the thing ceases to be a biosecurity risk; or\n- (ii) the authorised officer is satisfied the return of the thing is unlikely to result in the recurrence of the biosecurity risk in relation to which it was seized.\n- (a) its continued retention as evidence is no longer required; and\n- (b) its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and\n- (c) it is lawful for the owner to possess it.","sortOrder":410},{"sectionNumber":"sec.310","sectionType":"section","heading":"Forfeiture by administrator decision","content":"### sec.310 Forfeiture by administrator decision\n\nThe administrator for a relevant entity may decide a seized thing is forfeited to the relevant entity for the seized thing if an authorised officer—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner; or\nfor a thing seized under section 320 —\nreasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\nat the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, the authorised officer is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\nThe administrator for a relevant entity is—\nif the relevant entity is the State—the chief executive; or\nif the relevant entity is a local government—the chief executive officer of the local government; or\nif the relevant entity is an invasive animal board—the chairperson of the board.\nThe relevant entity for a seized thing is—\nif the thing was seized by an authorised officer appointed by the chief executive—the State; or\nif the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or\nif the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or\nif the thing was seized by an authorised officer appointed by an invasive animal board—the board.\n(sec.310-ssec.1) The administrator for a relevant entity may decide a seized thing is forfeited to the relevant entity for the seized thing if an authorised officer— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or for a thing seized under section 320 — reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.310-ssec.2) However, the authorised officer is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.310-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.310-ssec.4) The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government; or if the relevant entity is an invasive animal board—the chairperson of the board.\n(sec.310-ssec.5) The relevant entity for a seized thing is— if the thing was seized by an authorised officer appointed by the chief executive—the State; or if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or if the thing was seized by an authorised officer appointed by an invasive animal board—the board.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner; or\n- (c) for a thing seized under section 320 — (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\n- (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\n- (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\n- (d) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (i) reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\n- (ii) at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) if the relevant entity is the State—the chief executive; or\n- (b) if the relevant entity is a local government—the chief executive officer of the local government; or\n- (c) if the relevant entity is an invasive animal board—the chairperson of the board.\n- (a) if the thing was seized by an authorised officer appointed by the chief executive—the State; or\n- (b) if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or\n- (c) if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or\n- (d) if the thing was seized by an authorised officer appointed by an invasive animal board—the board.","sortOrder":411},{"sectionNumber":"sec.311","sectionType":"section","heading":"Forfeiture by chief executive decision","content":"### sec.311 Forfeiture by chief executive decision\n\nThe chief executive may decide a seized thing is forfeited to the State if—\nall of the following apply—\nan inspector believes a seized thing can be changed to make it comply with this Act;\na bag of seed for sowing containing weed seeds that can be separated and removed from the seed\nthe inspector requires an owner of the thing to do what is reasonable within a stated reasonable time to make it comply;\nthe owner does not comply with the requirement; or\nan inspector believes, on reasonable grounds—\na seized thing can not be changed to make it comply with this Act; and\na bag of seed for sowing containing weed seeds that can not be separated and removed from the seed\nit is necessary to retain it to prevent its use in committing an offence against this Act.\n- (a) all of the following apply— (i) an inspector believes a seized thing can be changed to make it comply with this Act; Example of a seized thing— a bag of seed for sowing containing weed seeds that can be separated and removed from the seed (ii) the inspector requires an owner of the thing to do what is reasonable within a stated reasonable time to make it comply; (iii) the owner does not comply with the requirement; or\n- (i) an inspector believes a seized thing can be changed to make it comply with this Act; Example of a seized thing— a bag of seed for sowing containing weed seeds that can be separated and removed from the seed\n- (ii) the inspector requires an owner of the thing to do what is reasonable within a stated reasonable time to make it comply;\n- (iii) the owner does not comply with the requirement; or\n- (b) an inspector believes, on reasonable grounds— (i) a seized thing can not be changed to make it comply with this Act; and Example of a seized thing— a bag of seed for sowing containing weed seeds that can not be separated and removed from the seed (ii) it is necessary to retain it to prevent its use in committing an offence against this Act.\n- (i) a seized thing can not be changed to make it comply with this Act; and Example of a seized thing— a bag of seed for sowing containing weed seeds that can not be separated and removed from the seed\n- (ii) it is necessary to retain it to prevent its use in committing an offence against this Act.\n- (i) an inspector believes a seized thing can be changed to make it comply with this Act; Example of a seized thing— a bag of seed for sowing containing weed seeds that can be separated and removed from the seed\n- (ii) the inspector requires an owner of the thing to do what is reasonable within a stated reasonable time to make it comply;\n- (iii) the owner does not comply with the requirement; or\n- (i) a seized thing can not be changed to make it comply with this Act; and Example of a seized thing— a bag of seed for sowing containing weed seeds that can not be separated and removed from the seed\n- (ii) it is necessary to retain it to prevent its use in committing an offence against this Act.","sortOrder":412},{"sectionNumber":"sec.312","sectionType":"section","heading":"Information notice for forfeiture decision","content":"### sec.312 Information notice for forfeiture decision\n\nThis section applies if—\nthe administrator for the relevant entity decides under section 310 (1) to forfeit a thing; or\nthe chief executive decides under section 311 to forfeit a thing.\nThe administrator or chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\nIf the seized thing is forfeited under section 310 (1) (a) or (b) , the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 310 (1) (a) or (b) ; and\nthe place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.312-ssec.1) This section applies if— the administrator for the relevant entity decides under section 310 (1) to forfeit a thing; or the chief executive decides under section 311 to forfeit a thing.\n(sec.312-ssec.2) The administrator or chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice for the decision.\n(sec.312-ssec.3) If the seized thing is forfeited under section 310 (1) (a) or (b) , the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.312-ssec.4) The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\n(sec.312-ssec.5) However, subsections (1) to (3) do not apply if— the decision was made under section 310 (1) (a) or (b) ; and the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) the administrator for the relevant entity decides under section 310 (1) to forfeit a thing; or\n- (b) the chief executive decides under section 311 to forfeit a thing.\n- (a) the decision was made under section 310 (1) (a) or (b) ; and\n- (b) the place where the thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":413},{"sectionNumber":"sec.313","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.313 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the State or a local government of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.313-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State or a local government of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.313-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\n(sec.313-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.313-ssec.4) This section does not limit the court’s powers under another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.","sortOrder":414},{"sectionNumber":"sec.314","sectionType":"section","heading":"Procedure and powers for making forfeiture order","content":"### sec.314 Procedure and powers for making forfeiture order\n\nA forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\nIn deciding whether to make a forfeiture order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.314-ssec.1) A forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\n(sec.314-ssec.2) In deciding whether to make a forfeiture order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":415},{"sectionNumber":"sec.315","sectionType":"section","heading":"When thing becomes property of relevant entity","content":"### sec.315 When thing becomes property of relevant entity\n\nA thing becomes the property of the relevant entity for the thing if the thing is forfeited to the relevant entity under section 310 (1) .","sortOrder":416},{"sectionNumber":"sec.316","sectionType":"section","heading":"When thing becomes property of the State or local government","content":"### sec.316 When thing becomes property of the State or local government\n\nA thing becomes the property of the State if—\nthe chief executive decides the thing is forfeited to the State under section 311 ; or\nthe thing is forfeited to the State under section 313 ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\nA thing becomes the property of a local government if the thing is forfeited to the local government under section 313 .\nA thing may also become the property of the State or a local government under section 315 .\n(sec.316-ssec.1) A thing becomes the property of the State if— the chief executive decides the thing is forfeited to the State under section 311 ; or the thing is forfeited to the State under section 313 ; or the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n(sec.316-ssec.2) A thing becomes the property of a local government if the thing is forfeited to the local government under section 313 . A thing may also become the property of the State or a local government under section 315 .\n- (a) the chief executive decides the thing is forfeited to the State under section 311 ; or\n- (b) the thing is forfeited to the State under section 313 ; or\n- (c) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":417},{"sectionNumber":"sec.317","sectionType":"section","heading":"How property may be dealt with","content":"### sec.317 How property may be dealt with\n\nThis section applies if—\nunder section 315 , a thing becomes the property of the relevant entity for the thing; or\nunder section 316 , a thing becomes the property of the State or a local government.\nThe administrator for the relevant entity, the chief executive or the chief executive officer of the local government (each the relevant administrator ) may deal with the thing as the relevant administrator considers appropriate, including, for example, by destroying it or giving it away.\nThe relevant administrator must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.\nIf the relevant administrator sells the thing, the administrator may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\nThis section is subject to any disposal order made for the thing.\n(sec.317-ssec.1) This section applies if— under section 315 , a thing becomes the property of the relevant entity for the thing; or under section 316 , a thing becomes the property of the State or a local government.\n(sec.317-ssec.2) The administrator for the relevant entity, the chief executive or the chief executive officer of the local government (each the relevant administrator ) may deal with the thing as the relevant administrator considers appropriate, including, for example, by destroying it or giving it away.\n(sec.317-ssec.3) The relevant administrator must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.\n(sec.317-ssec.4) If the relevant administrator sells the thing, the administrator may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\n(sec.317-ssec.5) This section is subject to any disposal order made for the thing.\n- (a) under section 315 , a thing becomes the property of the relevant entity for the thing; or\n- (b) under section 316 , a thing becomes the property of the State or a local government.","sortOrder":418},{"sectionNumber":"sec.318","sectionType":"section","heading":"Power of destruction","content":"### sec.318 Power of destruction\n\nAn authorised officer may destroy a thing seized under this division if—\nthe thing consists wholly or partly of contaminated or decomposed matter; or\nthe authorised officer reasonably believes the thing poses an immediate biosecurity risk.\n- (a) the thing consists wholly or partly of contaminated or decomposed matter; or\n- (b) the authorised officer reasonably believes the thing poses an immediate biosecurity risk.","sortOrder":419},{"sectionNumber":"ch.10-pt.4-div.6","sectionType":"division","heading":"Disposal orders","content":"## Disposal orders","sortOrder":420},{"sectionNumber":"sec.319","sectionType":"section","heading":"Disposal order","content":"### sec.319 Disposal order\n\nThis section applies if a person is convicted of an offence against this Act.\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\nThe court may make a disposal order for a thing—\nwhether or not it has been seized under this Act; and\nif the thing has been seized—whether or not it has been returned to the former owner.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\nThe court may make any order to enforce the disposal order that it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.319-ssec.1) This section applies if a person is convicted of an offence against this Act.\n(sec.319-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n(sec.319-ssec.3) The court may make a disposal order for a thing— whether or not it has been seized under this Act; and if the thing has been seized—whether or not it has been returned to the former owner.\n(sec.319-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.319-ssec.5) The court may make any order to enforce the disposal order that it considers appropriate.\n(sec.319-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n- (a) whether or not it has been seized under this Act; and\n- (b) if the thing has been seized—whether or not it has been returned to the former owner.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":421},{"sectionNumber":"ch.10-pt.4-div.7","sectionType":"division","heading":"Power to remove or reduce biosecurity risk under a warrant","content":"## Power to remove or reduce biosecurity risk under a warrant","sortOrder":422},{"sectionNumber":"sec.320","sectionType":"section","heading":"Power to remove or reduce biosecurity risk after entering place","content":"### sec.320 Power to remove or reduce biosecurity risk after entering place\n\nThis section applies if—\nan authorised officer enters a place after obtaining a warrant; and\nthe warrant authorises the authorised officer to exercise powers in relation to a biosecurity risk.\nThe authorised officer may take the steps necessary in the circumstances to remove or reduce the biosecurity risk stated in the warrant, or to prevent the biosecurity risk from recurring, including seizing a thing.\n(sec.320-ssec.1) This section applies if— an authorised officer enters a place after obtaining a warrant; and the warrant authorises the authorised officer to exercise powers in relation to a biosecurity risk.\n(sec.320-ssec.2) The authorised officer may take the steps necessary in the circumstances to remove or reduce the biosecurity risk stated in the warrant, or to prevent the biosecurity risk from recurring, including seizing a thing.\n- (a) an authorised officer enters a place after obtaining a warrant; and\n- (b) the warrant authorises the authorised officer to exercise powers in relation to a biosecurity risk.","sortOrder":423},{"sectionNumber":"ch.10-pt.4-div.8","sectionType":"division","heading":"Other information-obtaining powers of authorised officers","content":"## Other information-obtaining powers of authorised officers","sortOrder":424},{"sectionNumber":"sec.321","sectionType":"section","heading":"Power to require name and address","content":"### sec.321 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised officer to reasonably suspect the person—\nhas just committed an offence against this Act; or\nis responsible for a biosecurity risk; or\nhas information that leads the authorised officer to reasonably suspect a person—\nhas just committed an offence against this Act; or\nis responsible for a biosecurity risk.\nThe authorised officer may require the person to state the person’s name and residential address.\nThe authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\n(sec.321-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised officer to reasonably suspect the person— has just committed an offence against this Act; or is responsible for a biosecurity risk; or has information that leads the authorised officer to reasonably suspect a person— has just committed an offence against this Act; or is responsible for a biosecurity risk.\n(sec.321-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.321-ssec.3) The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.321-ssec.4) When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.\n(sec.321-ssec.5) A requirement under this section is a personal details requirement .\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised officer to reasonably suspect the person— (i) has just committed an offence against this Act; or (ii) is responsible for a biosecurity risk; or\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a biosecurity risk; or\n- (c) has information that leads the authorised officer to reasonably suspect a person— (i) has just committed an offence against this Act; or (ii) is responsible for a biosecurity risk.\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a biosecurity risk.\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a biosecurity risk; or\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a biosecurity risk.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":425},{"sectionNumber":"sec.322","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.322 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence, or the court decides the person is responsible for the biosecurity risk, in relation to which the personal details requirement was made.\n(sec.322-ssec.1) A person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.322-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence, or the court decides the person is responsible for the biosecurity risk, in relation to which the personal details requirement was made.","sortOrder":426},{"sectionNumber":"sec.323","sectionType":"section","heading":"Power to require production of documents","content":"### sec.323 Power to require production of documents\n\nAn authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act; or\nif a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\nA requirement under subsection (1) is a document production requirement .\nFor an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\nThe authorised officer may keep the document to copy it.\nIf the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nA requirement under subsection (5) is a document certification requirement .\nThe authorised officer must return the document to the person as soon as practicable after copying it.\nHowever, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\n(sec.323-ssec.1) An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer— a document issued to the person under this Act; or a document required to be kept by the person under this Act; or if a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.\n(sec.323-ssec.2) A requirement under subsection (1) is a document production requirement .\n(sec.323-ssec.3) For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.\n(sec.323-ssec.4) The authorised officer may keep the document to copy it.\n(sec.323-ssec.5) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.323-ssec.6) A requirement under subsection (5) is a document certification requirement .\n(sec.323-ssec.7) The authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.323-ssec.8) However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act; or\n- (c) if a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.","sortOrder":427},{"sectionNumber":"sec.324","sectionType":"section","heading":"Offence to contravene document production requirement","content":"### sec.324 Offence to contravene document production requirement\n\nA person of whom a document production requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 328 .\nThe authorised officer must inform the person, in a way that is reasonable in the circumstances—\nthat the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nthat, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\nIf the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\nIf a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.\n(sec.324-ssec.1) A person of whom a document production requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.324-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 328 .\n(sec.324-ssec.3) The authorised officer must inform the person, in a way that is reasonable in the circumstances— that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and that, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\n(sec.324-ssec.4) If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\n(sec.324-ssec.5) If a court convicts a person of an offence against subsection (1) , the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.\n- (a) that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) that, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.","sortOrder":428},{"sectionNumber":"sec.325","sectionType":"section","heading":"Offence to contravene document certification requirement","content":"### sec.325 Offence to contravene document certification requirement\n\nA person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 328 .\nThe authorised officer must inform the person, in a way that is reasonable in the circumstances—\nthat the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nthat, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\nIf the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\n(sec.325-ssec.1) A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.325-ssec.2) It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 328 .\n(sec.325-ssec.3) The authorised officer must inform the person, in a way that is reasonable in the circumstances— that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and that, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.\n(sec.325-ssec.4) If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3) , the person can not be convicted of the offence against subsection (1) .\n- (a) that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) that, under section 328 , there is a limited immunity against the future use of the information or document given in compliance with the requirement.","sortOrder":429},{"sectionNumber":"sec.326","sectionType":"section","heading":"Power to require information","content":"### sec.326 Power to require information\n\nThis section applies if an authorised officer reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give the authorised officer information about the offence at a stated reasonable time and place.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.326-ssec.1) This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.326-ssec.2) The authorised officer may, by notice given to the person, require the person to give the authorised officer information about the offence at a stated reasonable time and place.\n(sec.326-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.326-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.326-ssec.5) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":430},{"sectionNumber":"sec.327","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.327 Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.327-ssec.1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.327-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":431},{"sectionNumber":"ch.10-pt.4-div.9","sectionType":"division","heading":"Immunity for particular compliance","content":"## Immunity for particular compliance","sortOrder":432},{"sectionNumber":"sec.328","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.328 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 297 , 323 or 326 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.\n(sec.328-ssec.1) Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 297 , 323 or 326 .\n(sec.328-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.328-ssec.3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.","sortOrder":433},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Provisions relating to designated officers","content":"# Provisions relating to designated officers","sortOrder":434},{"sectionNumber":"ch.10-pt.5-div.1","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":435},{"sectionNumber":"sec.329","sectionType":"section","heading":"Issue of identity card","content":"### sec.329 Issue of identity card\n\nThe administering executive must issue an identity card to each designated officer.\nThe identity card must—\ncontain a recent photo of the designated officer; and\ncontain a copy of the officer’s signature; and\nidentify the role of the officer under this Act; and\nstate an expiry date for the card.\nHowever, the administering executive is not required to issue an identity card to a person if—\nthe person has been appointed under part 1 , division 1 , 2 or 3 ; and\nit is not practicable, in the circumstances, to issue the identity card because the person is required to implement an immediate response to a biosecurity emergency order.\nAlso, the identity card issued to the person because of the office ordinarily held by the person, or an identity card that the person otherwise holds, is taken to be the identity card issued to the person as a designated officer provided the identity card contains the information mentioned in subsection (2) (a) , (b) and (d) .\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.329-ssec.1) The administering executive must issue an identity card to each designated officer.\n(sec.329-ssec.2) The identity card must— contain a recent photo of the designated officer; and contain a copy of the officer’s signature; and identify the role of the officer under this Act; and state an expiry date for the card.\n(sec.329-ssec.3) However, the administering executive is not required to issue an identity card to a person if— the person has been appointed under part 1 , division 1 , 2 or 3 ; and it is not practicable, in the circumstances, to issue the identity card because the person is required to implement an immediate response to a biosecurity emergency order.\n(sec.329-ssec.4) Also, the identity card issued to the person because of the office ordinarily held by the person, or an identity card that the person otherwise holds, is taken to be the identity card issued to the person as a designated officer provided the identity card contains the information mentioned in subsection (2) (a) , (b) and (d) .\n(sec.329-ssec.5) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the designated officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the role of the officer under this Act; and\n- (d) state an expiry date for the card.\n- (a) the person has been appointed under part 1 , division 1 , 2 or 3 ; and\n- (b) it is not practicable, in the circumstances, to issue the identity card because the person is required to implement an immediate response to a biosecurity emergency order.","sortOrder":436},{"sectionNumber":"sec.330","sectionType":"section","heading":"Production or display of identity card","content":"### sec.330 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, a designated officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the designated officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , a designated officer who is an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 259 (1) (b) or (d) .\n(sec.330-ssec.1) In exercising a power in relation to a person in the person’s presence, a designated officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.330-ssec.2) However, if it is not practicable to comply with subsection (1) , the designated officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.330-ssec.3) For subsection (1) , a designated officer who is an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 259 (1) (b) or (d) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":437},{"sectionNumber":"sec.331","sectionType":"section","heading":"Return of identity card","content":"### sec.331 Return of identity card\n\nIf the office of a person as a designated officer ends, the person must return the person’s identity card to the administering executive within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":438},{"sectionNumber":"ch.10-pt.5-div.2","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":439},{"sectionNumber":"sec.332","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.332 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, a designated officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 334 .","sortOrder":440},{"sectionNumber":"sec.333","sectionType":"section","heading":"Notice of damage","content":"### sec.333 Notice of damage\n\nThis section applies if—\na designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and\nin exercising, or purporting to exercise the power, any 1 or more of the following persons damages something—\nthe designated officer;\na person (an assistant ) acting under the direction or authority of the designated officer;\na detection animal used by the designated officer or assistant.\nHowever, this section does not apply to damage the designated officer reasonably considers is trivial or if the officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe designated officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the designated officer must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe designated officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the officer’s functions.\nThe delay may be only for so long as the designated officer continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the designated officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 334 .\n(sec.333-ssec.1) This section applies if— a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something— the designated officer; a person (an assistant ) acting under the direction or authority of the designated officer; a detection animal used by the designated officer or assistant.\n(sec.333-ssec.2) However, this section does not apply to damage the designated officer reasonably considers is trivial or if the officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.333-ssec.3) The designated officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.\n(sec.333-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the designated officer must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.333-ssec.5) The designated officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the officer’s functions.\n(sec.333-ssec.6) The delay may be only for so long as the designated officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.333-ssec.7) If the designated officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice.\n(sec.333-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 334 .\n- (a) a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and\n- (b) in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something— (i) the designated officer; (ii) a person (an assistant ) acting under the direction or authority of the designated officer; (iii) a detection animal used by the designated officer or assistant.\n- (i) the designated officer;\n- (ii) a person (an assistant ) acting under the direction or authority of the designated officer;\n- (iii) a detection animal used by the designated officer or assistant.\n- (i) the designated officer;\n- (ii) a person (an assistant ) acting under the direction or authority of the designated officer;\n- (iii) a detection animal used by the designated officer or assistant.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 334 .","sortOrder":441},{"sectionNumber":"ch.10-pt.5-div.3","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":442},{"sectionNumber":"sec.334","sectionType":"section","heading":"Compensation","content":"### sec.334 Compensation\n\nA person may claim compensation from the following if the person incurs loss because of the exercise, or purported exercise, of a power by a designated officer, including a loss arising from compliance with a requirement made of the person under this Act—\nif the designated officer was appointed by the chief executive—the State;\nif the designated officer was appointed by the chief executive officer of a local government—the local government;\nif the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power;\nif the designated officer was appointed by an invasive animal board—the board.\nHowever, subsection (1) (a) applies only to loss arising from an accidental, negligent or unlawful act or omission.\nAlso, subsection (1) does not include—\nloss arising from a lawful seizure or a lawful forfeiture; or\nloss arising from a biosecurity response.\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant biosecurity offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 332 does not provide for a statutory right of compensation other than is provided by this section.\nIn this section—\nexercise , of a power, by a designated officer includes—\nthe exercise of a power for the officer; and\nthe purported exercise of a power by or for the officer.\nloss includes costs and damage.\n(sec.334-ssec.1) A person may claim compensation from the following if the person incurs loss because of the exercise, or purported exercise, of a power by a designated officer, including a loss arising from compliance with a requirement made of the person under this Act— if the designated officer was appointed by the chief executive—the State; if the designated officer was appointed by the chief executive officer of a local government—the local government; if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power; if the designated officer was appointed by an invasive animal board—the board.\n(sec.334-ssec.2) However, subsection (1) (a) applies only to loss arising from an accidental, negligent or unlawful act or omission.\n(sec.334-ssec.3) Also, subsection (1) does not include— loss arising from a lawful seizure or a lawful forfeiture; or loss arising from a biosecurity response.\n(sec.334-ssec.4) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.334-ssec.5) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.334-ssec.6) In considering whether it is just to order compensation, the court must have regard to any relevant biosecurity offence committed by the claimant.\n(sec.334-ssec.7) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.334-ssec.8) Section 332 does not provide for a statutory right of compensation other than is provided by this section.\n(sec.334-ssec.9) In this section— exercise , of a power, by a designated officer includes— the exercise of a power for the officer; and the purported exercise of a power by or for the officer. loss includes costs and damage.\n- (a) if the designated officer was appointed by the chief executive—the State;\n- (b) if the designated officer was appointed by the chief executive officer of a local government—the local government;\n- (c) if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power;\n- (d) if the designated officer was appointed by an invasive animal board—the board.\n- (a) loss arising from a lawful seizure or a lawful forfeiture; or\n- (b) loss arising from a biosecurity response.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n- (a) the exercise of a power for the officer; and\n- (b) the purported exercise of a power by or for the officer.","sortOrder":443},{"sectionNumber":"ch.10-pt.5-div.4","sectionType":"division","heading":"Other offences relating to designated officers","content":"## Other offences relating to designated officers","sortOrder":444},{"sectionNumber":"sec.335","sectionType":"section","heading":"Giving designated officer false or misleading information","content":"### sec.335 Giving designated officer false or misleading information\n\nA person must not, in relation to the administration of this Act, give a designated officer information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.335-ssec.1) A person must not, in relation to the administration of this Act, give a designated officer information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.\n(sec.335-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":445},{"sectionNumber":"sec.336","sectionType":"section","heading":"Obstructing designated officer","content":"### sec.336 Obstructing designated officer\n\nA person must not obstruct a designated officer, or another person or a detection animal helping a designated officer, exercising a power under this Act unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed a designated officer, or another person or a detection animal helping a designated officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct an obstruction.\n(sec.336-ssec.1) A person must not obstruct a designated officer, or another person or a detection animal helping a designated officer, exercising a power under this Act unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.336-ssec.2) If a person has obstructed a designated officer, or another person or a detection animal helping a designated officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct an obstruction.","sortOrder":446},{"sectionNumber":"sec.337","sectionType":"section","heading":"Impersonating designated officer","content":"### sec.337 Impersonating designated officer\n\nA person must not impersonate a designated officer.\nMaximum penalty—100 penalty units.","sortOrder":447},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":448},{"sectionNumber":"sec.337A","sectionType":"section","heading":"Use of body-worn cameras","content":"### sec.337A Use of body-worn cameras\n\nIt is lawful for an authorised officer to use a body-worn camera to record images or sounds while the authorised officer is exercising a power under this chapter.\nUse of a body-worn camera by an authorised officer under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while exercising the authorised officer’s power.\nSubsection (1) does not affect an ability the authorised officer has at common law or under another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nbody-worn camera means a device—\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\ns 337A ins 2020 No. 3 s 37\n(sec.337A-ssec.1) It is lawful for an authorised officer to use a body-worn camera to record images or sounds while the authorised officer is exercising a power under this chapter.\n(sec.337A-ssec.2) Use of a body-worn camera by an authorised officer under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while exercising the authorised officer’s power.\n(sec.337A-ssec.3) Subsection (1) does not affect an ability the authorised officer has at common law or under another Act to record images or sounds.\n(sec.337A-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.337A-ssec.5) In this section— body-worn camera means a device— worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds.\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while exercising the authorised officer’s power.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.","sortOrder":449},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":450},{"sectionNumber":"sec.338","sectionType":"section","heading":"What is a biosecurity response","content":"### sec.338 What is a biosecurity response\n\nA biosecurity response is any lawful action taken—\nby the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or\nan inspector demolishing an outbuilding at a place within a biosecurity emergency area\nby another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act.\nthe owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area\nA biosecurity response does not include—\nany action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or\nanything that happens by accident or as a result of negligence.\nIn this section—\nauthorised officer does not include an authorised person whose appointment under this Act as an authorised person is by—\nthe chief executive officer of a local government; or\nthe chairperson of an invasive animal board.\n(sec.338-ssec.1) A biosecurity response is any lawful action taken— by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or an inspector demolishing an outbuilding at a place within a biosecurity emergency area by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act. the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area\n(sec.338-ssec.2) A biosecurity response does not include— any action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or anything that happens by accident or as a result of negligence.\n(sec.338-ssec.3) In this section— authorised officer does not include an authorised person whose appointment under this Act as an authorised person is by— the chief executive officer of a local government; or the chairperson of an invasive animal board.\n- (a) by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or Example of biosecurity response by an inspector for paragraph (a) — an inspector demolishing an outbuilding at a place within a biosecurity emergency area\n- (b) by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act. Example of biosecurity response for paragraph (b) — the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area\n- (a) any action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or\n- (b) anything that happens by accident or as a result of negligence.\n- (a) the chief executive officer of a local government; or\n- (b) the chairperson of an invasive animal board.","sortOrder":451},{"sectionNumber":"sec.339","sectionType":"section","heading":"What is loss or damage arising out of a biosecurity response","content":"### sec.339 What is loss or damage arising out of a biosecurity response\n\nIn this chapter, a reference to loss or damage arising out of a biosecurity response is a reference to loss or damage only if—\nit is lawfully caused under this Act; and\nthe causing of the loss or damage constitutes all or part of a biosecurity response.\nIf loss or damage happens in the course of a biosecurity response but is not lawfully caused under this Act, for example because it involves a negligent act, compensation may nevertheless be available under the investigation and enforcement provisions or under the general law.\n- (a) it is lawfully caused under this Act; and\n- (b) the causing of the loss or damage constitutes all or part of a biosecurity response. Note— If loss or damage happens in the course of a biosecurity response but is not lawfully caused under this Act, for example because it involves a negligent act, compensation may nevertheless be available under the investigation and enforcement provisions or under the general law.","sortOrder":452},{"sectionNumber":"sec.340","sectionType":"section","heading":"What is property","content":"### sec.340 What is property\n\nIn this chapter, a reference to property , in the context of loss of it or damage to it, is a reference to something that is capable of being in the ownership of a person and is capable of being physically destroyed or physically damaged.\nWithout limiting subsection (1) , property may include any animal or plant.\n(sec.340-ssec.1) In this chapter, a reference to property , in the context of loss of it or damage to it, is a reference to something that is capable of being in the ownership of a person and is capable of being physically destroyed or physically damaged.\n(sec.340-ssec.2) Without limiting subsection (1) , property may include any animal or plant.","sortOrder":453},{"sectionNumber":"sec.341","sectionType":"section","heading":"What is notional value or notional reduction in value of property for statutory compensation","content":"### sec.341 What is notional value or notional reduction in value of property for statutory compensation\n\nThe notional value of property that is the subject of loss is the amount that would have been received for the property if, at the place where it was destroyed, it had been sold under a lawful direction immediately before it was destroyed.\nThe notional reduction in value of property that is the subject of damage is the difference between the following amounts—\nthe amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately before it was damaged;\nthe amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately after it was damaged.\nFor this chapter, property is taken to be the subject of damage rather than loss if, despite its being destroyed, what remains of it still has some commercial value.\nIn this section—\nsold under a lawful direction , in relation to property, means sold at the highest price reasonably obtainable, but under the lawful direction of a person who is required to agree to, and to complete, the sale of the property without delay and without reference to whether the owner of the property would be a willing seller at the price obtained.\n(sec.341-ssec.1) The notional value of property that is the subject of loss is the amount that would have been received for the property if, at the place where it was destroyed, it had been sold under a lawful direction immediately before it was destroyed.\n(sec.341-ssec.2) The notional reduction in value of property that is the subject of damage is the difference between the following amounts— the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately before it was damaged; the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately after it was damaged.\n(sec.341-ssec.3) For this chapter, property is taken to be the subject of damage rather than loss if, despite its being destroyed, what remains of it still has some commercial value.\n(sec.341-ssec.4) In this section— sold under a lawful direction , in relation to property, means sold at the highest price reasonably obtainable, but under the lawful direction of a person who is required to agree to, and to complete, the sale of the property without delay and without reference to whether the owner of the property would be a willing seller at the price obtained.\n- (a) the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately before it was damaged;\n- (b) the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately after it was damaged.","sortOrder":454},{"sectionNumber":"sec.342","sectionType":"section","heading":"What is a compensation scheme and what is scheme compensation","content":"### sec.342 What is a compensation scheme and what is scheme compensation\n\nA compensation scheme is a government and industry agreement that includes provision for the payment of compensation for loss or damage arising out of a biosecurity response.\nThe Emergency Plant Pest Response Deed is a formal agreement between Plant Health Australia, the Commonwealth, all the States and territories and particular plant industry bodies establishing, on a basis of cost sharing, a scheme for the management and funding of responses to emergency plant pest incidents, and includes provision for compensation in the form of reimbursement costs for growers who suffer loss or damage as contemplated in the agreement.\nCompensation provided for under a compensation scheme ( scheme compensation ) may be, but need not be, limited to compensation for loss of or damage to property.\n(sec.342-ssec.1) A compensation scheme is a government and industry agreement that includes provision for the payment of compensation for loss or damage arising out of a biosecurity response. The Emergency Plant Pest Response Deed is a formal agreement between Plant Health Australia, the Commonwealth, all the States and territories and particular plant industry bodies establishing, on a basis of cost sharing, a scheme for the management and funding of responses to emergency plant pest incidents, and includes provision for compensation in the form of reimbursement costs for growers who suffer loss or damage as contemplated in the agreement.\n(sec.342-ssec.2) Compensation provided for under a compensation scheme ( scheme compensation ) may be, but need not be, limited to compensation for loss of or damage to property.","sortOrder":455},{"sectionNumber":"sec.343","sectionType":"section","heading":"Sources of compensation available under this chapter","content":"### sec.343 Sources of compensation available under this chapter\n\nThis chapter deals with the provision of 2 different types of compensation for loss or damage arising out of biosecurity responses.\nFirstly, scheme compensation may be payable for loss or damage.\nSecondly, compensation for loss of or damage to property may be payable by the State in the absence of scheme compensation being payable for the loss or damage.\n(sec.343-ssec.1) This chapter deals with the provision of 2 different types of compensation for loss or damage arising out of biosecurity responses.\n(sec.343-ssec.2) Firstly, scheme compensation may be payable for loss or damage.\n(sec.343-ssec.3) Secondly, compensation for loss of or damage to property may be payable by the State in the absence of scheme compensation being payable for the loss or damage.","sortOrder":456},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Scheme compensation","content":"# Scheme compensation","sortOrder":457},{"sectionNumber":"sec.344","sectionType":"section","heading":"Operation of scheme compensation","content":"### sec.344 Operation of scheme compensation\n\nThis section applies if—\na person suffers loss or damage arising out of a biosecurity response; and\na compensation scheme provides for compensation, in relation to the biosecurity response, for the loss or damage; and\nthe person has, in compliance with the scheme, applied to the chief executive for compensation for the loss or damage.\nThe chief executive must take reasonable steps, to the extent of the State’s obligations under the scheme, to ensure that the person receives compensation for the loss or damage in accordance with the person’s entitlement to compensation under the scheme.\n(sec.344-ssec.1) This section applies if— a person suffers loss or damage arising out of a biosecurity response; and a compensation scheme provides for compensation, in relation to the biosecurity response, for the loss or damage; and the person has, in compliance with the scheme, applied to the chief executive for compensation for the loss or damage.\n(sec.344-ssec.2) The chief executive must take reasonable steps, to the extent of the State’s obligations under the scheme, to ensure that the person receives compensation for the loss or damage in accordance with the person’s entitlement to compensation under the scheme.\n- (a) a person suffers loss or damage arising out of a biosecurity response; and\n- (b) a compensation scheme provides for compensation, in relation to the biosecurity response, for the loss or damage; and\n- (c) the person has, in compliance with the scheme, applied to the chief executive for compensation for the loss or damage.","sortOrder":458},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Statutory compensation","content":"# Statutory compensation","sortOrder":459},{"sectionNumber":"sec.345","sectionType":"section","heading":"Operation of statutory compensation","content":"### sec.345 Operation of statutory compensation\n\nSubject to this chapter, a person who suffers loss of or damage to property arising out of a biosecurity response is entitled to compensation ( statutory compensation ) for the loss or damage to the extent provided for in this chapter.\nthe destruction of a person’s animal by an inspector during a biosecurity emergency\nthe partial demolition of a person’s outbuilding by an inspector during a biosecurity emergency\nTo receive the statutory compensation, the person must apply to the chief executive for the compensation under this chapter.\n(sec.345-ssec.1) Subject to this chapter, a person who suffers loss of or damage to property arising out of a biosecurity response is entitled to compensation ( statutory compensation ) for the loss or damage to the extent provided for in this chapter. the destruction of a person’s animal by an inspector during a biosecurity emergency the partial demolition of a person’s outbuilding by an inspector during a biosecurity emergency\n(sec.345-ssec.2) To receive the statutory compensation, the person must apply to the chief executive for the compensation under this chapter.\n- • the destruction of a person’s animal by an inspector during a biosecurity emergency\n- • the partial demolition of a person’s outbuilding by an inspector during a biosecurity emergency","sortOrder":460},{"sectionNumber":"sec.346","sectionType":"section","heading":"How scheme compensation affects entitlement to statutory compensation","content":"### sec.346 How scheme compensation affects entitlement to statutory compensation\n\nStatutory compensation is not payable to a person for loss of, or damage to, property suffered by the person and arising out of a biosecurity response if a compensation scheme provides for compensation for the person’s loss or damage.\nSubsection (1) applies even if, in the person’s particular circumstances, scheme compensation is not actually payable to the person because the person has failed to comply with a requirement of the compensation scheme relating to eligibility for payment.\nDuring a biosecurity emergency involving a virus outbreak, an infected crop is destroyed by an inspector. A compensation scheme provides for reimbursement of a crop’s owner for the crop loss in circumstances of the loss. However, the scheme requires that, to be eligible to be paid compensation under the scheme, the crop owner must make an annual payment, in the nature of a premium, to a fund established under the scheme. The crop owner has not made an annual payment by the due date for its payment. Because of that, the person is ineligible for payment under the compensation scheme and, because of the existence of the scheme, is not entitled to statutory compensation under this chapter.\n(sec.346-ssec.1) Statutory compensation is not payable to a person for loss of, or damage to, property suffered by the person and arising out of a biosecurity response if a compensation scheme provides for compensation for the person’s loss or damage.\n(sec.346-ssec.2) Subsection (1) applies even if, in the person’s particular circumstances, scheme compensation is not actually payable to the person because the person has failed to comply with a requirement of the compensation scheme relating to eligibility for payment. During a biosecurity emergency involving a virus outbreak, an infected crop is destroyed by an inspector. A compensation scheme provides for reimbursement of a crop’s owner for the crop loss in circumstances of the loss. However, the scheme requires that, to be eligible to be paid compensation under the scheme, the crop owner must make an annual payment, in the nature of a premium, to a fund established under the scheme. The crop owner has not made an annual payment by the due date for its payment. Because of that, the person is ineligible for payment under the compensation scheme and, because of the existence of the scheme, is not entitled to statutory compensation under this chapter.","sortOrder":461},{"sectionNumber":"sec.347","sectionType":"section","heading":"Other limitations applying to entitlement to statutory compensation           ","content":"### sec.347 Other limitations applying to entitlement to statutory compensation           \n\nStatutory compensation is not payable to a person who suffers loss of or damage to property arising out of a biosecurity response—\nif the conduct of the person materially contributed to the loss or damage; or\nif the biosecurity event that the biosecurity response was directed at addressing could reasonably be expected to have caused the loss or damage, regardless of the happening of the biosecurity response; or\nAn authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies.\nAn inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished.\nif the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and the property was infested or infected with the biosecurity matter when the loss or damage happened; or\nif the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter that is a contaminant and the contaminant was present in the property in an amount more than the maximum acceptable level prescribed under a regulation for the property when the loss or damage happened; or\nif the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and when the loss or damage happened, the property was likely to have become infested or infected with the biosecurity matter; or\nif—\nthe biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\nbefore the loss or damage happened, the property became infested or infected with the biosecurity matter; and\nthe property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or\ndamage caused to an animal by the taking of a sample to find out whether an infection is still present\nif—\nthe biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\nthe biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\nthe act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or\nif—\nthe biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\nthe biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\nthe owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or\nto the extent that the loss or damage is recovered or recoverable by the person under a policy of insurance.\nFor subsection (1) (e) , the chief executive may decide on and publish on the department’s website a methodology for calculating whether property was likely to become infested or infected.\n(sec.347-ssec.1) Statutory compensation is not payable to a person who suffers loss of or damage to property arising out of a biosecurity response— if the conduct of the person materially contributed to the loss or damage; or if the biosecurity event that the biosecurity response was directed at addressing could reasonably be expected to have caused the loss or damage, regardless of the happening of the biosecurity response; or An authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies. An inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished. if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and the property was infested or infected with the biosecurity matter when the loss or damage happened; or if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter that is a contaminant and the contaminant was present in the property in an amount more than the maximum acceptable level prescribed under a regulation for the property when the loss or damage happened; or if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and when the loss or damage happened, the property was likely to have become infested or infected with the biosecurity matter; or if— the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and before the loss or damage happened, the property became infested or infected with the biosecurity matter; and the property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or damage caused to an animal by the taking of a sample to find out whether an infection is still present if— the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or if— the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and the owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or to the extent that the loss or damage is recovered or recoverable by the person under a policy of insurance.\n(sec.347-ssec.2) For subsection (1) (e) , the chief executive may decide on and publish on the department’s website a methodology for calculating whether property was likely to become infested or infected.\n- (a) if the conduct of the person materially contributed to the loss or damage; or\n- (b) if the biosecurity event that the biosecurity response was directed at addressing could reasonably be expected to have caused the loss or damage, regardless of the happening of the biosecurity response; or Examples of loss or damage in the context of paragraph (b) — 1 An authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies. 2 An inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished.\n- 1 An authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies.\n- 2 An inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished.\n- (c) if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and the property was infested or infected with the biosecurity matter when the loss or damage happened; or\n- (d) if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter that is a contaminant and the contaminant was present in the property in an amount more than the maximum acceptable level prescribed under a regulation for the property when the loss or damage happened; or\n- (e) if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and when the loss or damage happened, the property was likely to have become infested or infected with the biosecurity matter; or\n- (f) if— (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and (ii) before the loss or damage happened, the property became infested or infected with the biosecurity matter; and (iii) the property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or Example of damage in the context of paragraph (f) — damage caused to an animal by the taking of a sample to find out whether an infection is still present\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) before the loss or damage happened, the property became infested or infected with the biosecurity matter; and\n- (iii) the property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or\n- (g) if— (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and (iii) the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\n- (iii) the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or\n- (h) if— (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and (iii) the owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\n- (iii) the owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or\n- (i) to the extent that the loss or damage is recovered or recoverable by the person under a policy of insurance.\n- 1 An authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies.\n- 2 An inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished.\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) before the loss or damage happened, the property became infested or infected with the biosecurity matter; and\n- (iii) the property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\n- (iii) the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or\n- (i) the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and\n- (ii) the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and\n- (iii) the owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or","sortOrder":462},{"sectionNumber":"sec.348","sectionType":"section","heading":"No compensation for consequential loss","content":"### sec.348 No compensation for consequential loss\n\nStatutory compensation for the loss of property is limited to an amount equal to the notional value of the property.\nStatutory compensation for damage to property is limited to an amount equal to the notional reduction in value of the property.\nIn particular, compensation for loss of or damage to property does not include compensation for loss flowing as a direct or indirect consequence of the loss or damage.\nWithout limiting subsection (3) , compensation for loss of or damage to property does not include compensation for any of the following—\nany loss of anticipated or actual revenue or profits;\nloss of use of equipment;\nbusiness interruption, or a failure to realise anticipated savings;\nloss of data;\ndowntime costs or wasted overheads;\nloss of goodwill or business opportunity;\nloss or damage suffered because of a breach of contract.\nAlso, compensation for loss of or damage to property does not include compensation in the form of, or that is in the nature of or is analogous to, any of the following—\nreimbursement of additional expenses incurred;\npunitive or exemplary damages;\nspecial damages, or damages for indirect loss or damage of any nature whatsoever.\n(sec.348-ssec.1) Statutory compensation for the loss of property is limited to an amount equal to the notional value of the property.\n(sec.348-ssec.2) Statutory compensation for damage to property is limited to an amount equal to the notional reduction in value of the property.\n(sec.348-ssec.3) In particular, compensation for loss of or damage to property does not include compensation for loss flowing as a direct or indirect consequence of the loss or damage.\n(sec.348-ssec.4) Without limiting subsection (3) , compensation for loss of or damage to property does not include compensation for any of the following— any loss of anticipated or actual revenue or profits; loss of use of equipment; business interruption, or a failure to realise anticipated savings; loss of data; downtime costs or wasted overheads; loss of goodwill or business opportunity; loss or damage suffered because of a breach of contract.\n(sec.348-ssec.5) Also, compensation for loss of or damage to property does not include compensation in the form of, or that is in the nature of or is analogous to, any of the following— reimbursement of additional expenses incurred; punitive or exemplary damages; special damages, or damages for indirect loss or damage of any nature whatsoever.\n- (a) any loss of anticipated or actual revenue or profits;\n- (b) loss of use of equipment;\n- (c) business interruption, or a failure to realise anticipated savings;\n- (d) loss of data;\n- (e) downtime costs or wasted overheads;\n- (f) loss of goodwill or business opportunity;\n- (g) loss or damage suffered because of a breach of contract.\n- (a) reimbursement of additional expenses incurred;\n- (b) punitive or exemplary damages;\n- (c) special damages, or damages for indirect loss or damage of any nature whatsoever.","sortOrder":463},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Claiming statutory compensation","content":"# Claiming statutory compensation","sortOrder":464},{"sectionNumber":"sec.349","sectionType":"section","heading":"Application for statutory compensation","content":"### sec.349 Application for statutory compensation\n\nA person (the applicant ) may apply to the chief executive for statutory compensation.\nThe application must be made in the approved form.\nThe application must be received by the chief executive within 90 days after the date the loss or damage happens.\nHowever, the chief executive may accept the application after the period mentioned in subsection (3) if the chief executive is satisfied it is fair and reasonable in the circumstances to accept the application.\n(sec.349-ssec.1) A person (the applicant ) may apply to the chief executive for statutory compensation.\n(sec.349-ssec.2) The application must be made in the approved form.\n(sec.349-ssec.3) The application must be received by the chief executive within 90 days after the date the loss or damage happens.\n(sec.349-ssec.4) However, the chief executive may accept the application after the period mentioned in subsection (3) if the chief executive is satisfied it is fair and reasonable in the circumstances to accept the application.","sortOrder":465},{"sectionNumber":"sec.350","sectionType":"section","heading":"Further information may be required","content":"### sec.350 Further information may be required\n\nThe chief executive may ask the applicant for further information reasonably required by the chief executive to assess an application for statutory compensation.\nThe applicant must give the chief executive the information asked for within the reasonable period the chief executive requires.\n(sec.350-ssec.1) The chief executive may ask the applicant for further information reasonably required by the chief executive to assess an application for statutory compensation.\n(sec.350-ssec.2) The applicant must give the chief executive the information asked for within the reasonable period the chief executive requires.","sortOrder":466},{"sectionNumber":"sec.351","sectionType":"section","heading":"Day for making and advising of decision","content":"### sec.351 Day for making and advising of decision\n\nThe chief executive must give an applicant for statutory compensation the chief executive’s decision on the application—\nif the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or\nif paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or\nif neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.\nDespite subsection (1) , the chief executive may, by notice given to the applicant, extend the period for making and advising a decision on the application by a further 60 days if the chief executive considers that the extension is justified because of the complexity of matters required to be considered in reaching the decision.\nWhen the chief executive makes a decision on the application, it must be given to the applicant in the form of an information notice.\nIf the decision is that the applicant is entitled to be paid compensation, the information notice must state the amount of the compensation.\nIf the chief executive fails to give the applicant notice of the decision by the day required under subsection (1) or (2) —\nthe chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and\nthe applicant is entitled to receive an information notice for the decision under paragraph (a) .\n(sec.351-ssec.1) The chief executive must give an applicant for statutory compensation the chief executive’s decision on the application— if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or if neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.\n(sec.351-ssec.2) Despite subsection (1) , the chief executive may, by notice given to the applicant, extend the period for making and advising a decision on the application by a further 60 days if the chief executive considers that the extension is justified because of the complexity of matters required to be considered in reaching the decision.\n(sec.351-ssec.3) When the chief executive makes a decision on the application, it must be given to the applicant in the form of an information notice.\n(sec.351-ssec.4) If the decision is that the applicant is entitled to be paid compensation, the information notice must state the amount of the compensation.\n(sec.351-ssec.5) If the chief executive fails to give the applicant notice of the decision by the day required under subsection (1) or (2) — the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and the applicant is entitled to receive an information notice for the decision under paragraph (a) .\n- (a) if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or\n- (b) if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or\n- (c) if neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.\n- (a) the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and\n- (b) the applicant is entitled to receive an information notice for the decision under paragraph (a) .","sortOrder":467},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":468},{"sectionNumber":"sec.352","sectionType":"section","heading":"Application of pt 1","content":"### sec.352 Application of pt 1\n\nThis part applies to a proceeding under this Act.","sortOrder":469},{"sectionNumber":"sec.353","sectionType":"section","heading":"Appointments and authority","content":"### sec.353 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief executive’s appointment;\na chief executive officer’s appointment;\na designated officer’s appointment;\nan auditor’s appointment;\nan accredited certifier’s accreditation;\nthe authority of any of the chief executive, a local government, a chief executive officer, an authorised officer, an auditor or an accredited certifier to do anything under this Act.\n- (a) the chief executive’s appointment;\n- (b) a chief executive officer’s appointment;\n- (c) a designated officer’s appointment;\n- (d) an auditor’s appointment;\n- (e) an accredited certifier’s accreditation;\n- (f) the authority of any of the chief executive, a local government, a chief executive officer, an authorised officer, an auditor or an accredited certifier to do anything under this Act.","sortOrder":470},{"sectionNumber":"sec.354","sectionType":"section","heading":"Signatures","content":"### sec.354 Signatures\n\nA signature purporting to be the signature of the chief executive, a chief executive officer, an authorised officer or an accredited certifier is evidence of the signature it purports to be.","sortOrder":471},{"sectionNumber":"sec.355","sectionType":"section","heading":"Evidentiary aids","content":"### sec.355 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive, or a chief executive officer, stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na permit;\na record or an extract from a record;\na code of practice;\na stated document is another document kept under this Act;\na stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not the holder of a permit;\non a stated day, or during a stated period, a permit—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day a permit was suspended for a stated period, surrendered or cancelled;\non a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised officer, was or was not in force for a stated person or thing;\non a stated day—\na stated person was given a stated notice or direction under this Act; or\na stated requirement under this Act was made of a stated person; or\na stated amount is payable under this Act by a stated person.\nIn a complaint starting a proceeding, a statement that the matter came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\nIn a proceeding in which the State or a local government applies under section 358 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.\nIn this section—\npermit means—\na prohibited matter permit; or\na restricted matter permit.\n(sec.355-ssec.1) A certificate purporting to be signed by the chief executive, or a chief executive officer, stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice, direction or requirement; a permit; a record or an extract from a record; a code of practice; a stated document is another document kept under this Act; a stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was or was not the holder of a permit; on a stated day, or during a stated period, a permit— was or was not in force; or was or was not subject to a stated condition; on a stated day a permit was suspended for a stated period, surrendered or cancelled; on a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised officer, was or was not in force for a stated person or thing; on a stated day— a stated person was given a stated notice or direction under this Act; or a stated requirement under this Act was made of a stated person; or a stated amount is payable under this Act by a stated person.\n(sec.355-ssec.2) In a complaint starting a proceeding, a statement that the matter came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.355-ssec.3) In a proceeding in which the State or a local government applies under section 358 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.\n(sec.355-ssec.4) In this section— permit means— a prohibited matter permit; or a restricted matter permit.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a permit; (iv) a record or an extract from a record; (v) a code of practice;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a permit;\n- (iv) a record or an extract from a record;\n- (v) a code of practice;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not the holder of a permit;\n- (e) on a stated day, or during a stated period, a permit— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (f) on a stated day a permit was suspended for a stated period, surrendered or cancelled;\n- (g) on a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised officer, was or was not in force for a stated person or thing;\n- (h) on a stated day— (i) a stated person was given a stated notice or direction under this Act; or (ii) a stated requirement under this Act was made of a stated person; or (iii) a stated amount is payable under this Act by a stated person.\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person; or\n- (iii) a stated amount is payable under this Act by a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a permit;\n- (iv) a record or an extract from a record;\n- (v) a code of practice;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person; or\n- (iii) a stated amount is payable under this Act by a stated person.\n- (a) a prohibited matter permit; or\n- (b) a restricted matter permit.","sortOrder":472},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":473},{"sectionNumber":"sec.356","sectionType":"section","heading":"Offences under this Act","content":"### sec.356 Offences under this Act\n\nAn offence against this Act that has a penalty of more than 2 years imprisonment is an indictable offence that is a misdemeanour.\nAny other offence against this Act is a summary offence.\nA proceeding for an indictable offence may be taken, at the prosecution’s election—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nat the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or\nthe magistrate considers that the charge should be prosecuted on indictment.\nIf subsection (4) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment.\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nA proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886 must start within—\n1 year after the commission of the offence; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n(sec.356-ssec.1) An offence against this Act that has a penalty of more than 2 years imprisonment is an indictable offence that is a misdemeanour.\n(sec.356-ssec.2) Any other offence against this Act is a summary offence.\n(sec.356-ssec.3) A proceeding for an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.356-ssec.4) A magistrate must not hear an indictable offence summarily if— at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment.\n(sec.356-ssec.5) If subsection (4) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.356-ssec.6) The maximum term of imprisonment that may be summarily imposed for an indictable offence is 3 years imprisonment.\n(sec.356-ssec.7) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.356-ssec.8) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.356-ssec.9) A proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886 must start within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) at the start of the hearing, the defendant asks that the charge be prosecuted on indictment; or\n- (b) the magistrate considers that the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (4) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.\n- (a) 1 year after the commission of the offence; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":474},{"sectionNumber":"sec.357","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.357 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":475},{"sectionNumber":"sec.358","sectionType":"section","heading":"Recovery of costs of investigation","content":"### sec.358 Recovery of costs of investigation\n\nThis section applies if—\na court convicts a person of an offence against this Act; and\nthe State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\nthe court finds the State or local government has reasonably incurred the costs.\nThe court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\nAn application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.\nAny issue is to be decided on the balance of probabilities.\n(sec.358-ssec.1) This section applies if— a court convicts a person of an offence against this Act; and the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and the court finds the State or local government has reasonably incurred the costs.\n(sec.358-ssec.2) The court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\n(sec.358-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.358-ssec.4) An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.\n(sec.358-ssec.5) Any issue is to be decided on the balance of probabilities.\n- (a) a court convicts a person of an offence against this Act; and\n- (b) the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\n- (c) the court finds the State or local government has reasonably incurred the costs.","sortOrder":476},{"sectionNumber":"sec.359","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.359 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.359-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.359-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.359-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.359-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":477},{"sectionNumber":"sec.360","sectionType":"section","heading":"Fines payable to local government","content":"### sec.360 Fines payable to local government\n\nThis section applies if—\na proceeding for an offence about a matter is taken by a local government; and\na court imposes a fine for the offence.\nThe fine must be paid to the local government.\n(sec.360-ssec.1) This section applies if— a proceeding for an offence about a matter is taken by a local government; and a court imposes a fine for the offence.\n(sec.360-ssec.2) The fine must be paid to the local government.\n- (a) a proceeding for an offence about a matter is taken by a local government; and\n- (b) a court imposes a fine for the offence.","sortOrder":478},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":479},{"sectionNumber":"ch.12-pt.3-div.1","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":480},{"sectionNumber":"sec.361","sectionType":"section","heading":"Internal review process","content":"### sec.361 Internal review process\n\nEvery external review of a decision to which an information notice relates must be in the first instance by way of an application for internal review.","sortOrder":481},{"sectionNumber":"sec.362","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.362 Who may apply for internal review\n\nThe following persons may apply to the issuing authority for an information notice for an internal review of the decision (an internal review application ) to which it relates—\na person who has been given, or is entitled to be given, the information notice for the decision;\nfor a decision to seize or forfeit a thing—a person in control of the thing.\n- (a) a person who has been given, or is entitled to be given, the information notice for the decision;\n- (b) for a decision to seize or forfeit a thing—a person in control of the thing.","sortOrder":482},{"sectionNumber":"sec.363","sectionType":"section","heading":"Requirements for making application","content":"### sec.363 Requirements for making application\n\nAn internal review application must—\nbe in the approved form; and\nbe supported by enough information to enable the issuing authority to decide the application; and\nbe made within 14 days after the applicant is given the information notice for the decision the subject of the application.\nHowever, the issuing authority may, at any time, extend the time for making an internal review application.\n(sec.363-ssec.1) An internal review application must— be in the approved form; and be supported by enough information to enable the issuing authority to decide the application; and be made within 14 days after the applicant is given the information notice for the decision the subject of the application.\n(sec.363-ssec.2) However, the issuing authority may, at any time, extend the time for making an internal review application.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the issuing authority to decide the application; and\n- (c) be made within 14 days after the applicant is given the information notice for the decision the subject of the application.","sortOrder":483},{"sectionNumber":"sec.364","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.364 Stay of operation of original decision\n\nAn internal review application does not stay the decision the subject of the application (the original decision ).\nHowever, the applicant may immediately apply for a stay of the original decision to the relevant body.\nThe relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\nThe stay—\nmay be given on conditions the relevant body considers appropriate; and\noperates for the period fixed by the relevant body; and\nmay be amended or revoked by the relevant body.\nThe period of the stay must not extend past the time when the issuing authority makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\nAn internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\nIn this section—\nrelevant body means—\nfor an original decision to seize or forfeit a thing—the court; or\nfor another original decision—QCAT.\n(sec.364-ssec.1) An internal review application does not stay the decision the subject of the application (the original decision ).\n(sec.364-ssec.2) However, the applicant may immediately apply for a stay of the original decision to the relevant body.\n(sec.364-ssec.3) The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\n(sec.364-ssec.4) The stay— may be given on conditions the relevant body considers appropriate; and operates for the period fixed by the relevant body; and may be amended or revoked by the relevant body.\n(sec.364-ssec.5) The period of the stay must not extend past the time when the issuing authority makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\n(sec.364-ssec.6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n(sec.364-ssec.7) In this section— relevant body means— for an original decision to seize or forfeit a thing—the court; or for another original decision—QCAT.\n- (a) may be given on conditions the relevant body considers appropriate; and\n- (b) operates for the period fixed by the relevant body; and\n- (c) may be amended or revoked by the relevant body.\n- (a) for an original decision to seize or forfeit a thing—the court; or\n- (b) for another original decision—QCAT.","sortOrder":484},{"sectionNumber":"sec.365","sectionType":"section","heading":"Internal review","content":"### sec.365 Internal review\n\nThe issuing authority must, within 20 days after receiving an internal review application made under section 363 —\nconduct an internal review of the original decision; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive or a chief executive officer personally.\nIf the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.\n(sec.365-ssec.1) The issuing authority must, within 20 days after receiving an internal review application made under section 363 — conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.365-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.365-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive or a chief executive officer personally.\n(sec.365-ssec.4) If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.\n(sec.365-ssec.5) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.\n- (a) conduct an internal review of the original decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made by the chief executive or a chief executive officer personally.","sortOrder":485},{"sectionNumber":"sec.366","sectionType":"section","heading":"Notice of internal review decision","content":"### sec.366 Notice of internal review decision\n\nThe issuing authority must, within 10 days after making an internal review decision, give the applicant notice of the decision.\nIf the internal review decision is not the decision sought by the applicant, the notice must—\nfor an original decision to seize or forfeit a thing—state the following—\nthe day the notice is given to the applicant (the review notice day );\nthe reasons for the decision;\nthat the applicant may, within 28 days after the notice is given, appeal against the decision to the court;\nhow to appeal;\nthat the applicant may apply to the court for a stay of the decision; or\nfor another decision—be accompanied by a QCAT information notice for the decision.\nIf the issuing authority does not give the notice within the 10 days, the issuing authority is taken to have made an internal review decision confirming the original decision.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\n(sec.366-ssec.1) The issuing authority must, within 10 days after making an internal review decision, give the applicant notice of the decision.\n(sec.366-ssec.2) If the internal review decision is not the decision sought by the applicant, the notice must— for an original decision to seize or forfeit a thing—state the following— the day the notice is given to the applicant (the review notice day ); the reasons for the decision; that the applicant may, within 28 days after the notice is given, appeal against the decision to the court; how to appeal; that the applicant may apply to the court for a stay of the decision; or for another decision—be accompanied by a QCAT information notice for the decision.\n(sec.366-ssec.3) If the issuing authority does not give the notice within the 10 days, the issuing authority is taken to have made an internal review decision confirming the original decision.\n(sec.366-ssec.4) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\n- (a) for an original decision to seize or forfeit a thing—state the following— (i) the day the notice is given to the applicant (the review notice day ); (ii) the reasons for the decision; (iii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the court; (iv) how to appeal; (v) that the applicant may apply to the court for a stay of the decision; or\n- (i) the day the notice is given to the applicant (the review notice day );\n- (ii) the reasons for the decision;\n- (iii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the court;\n- (iv) how to appeal;\n- (v) that the applicant may apply to the court for a stay of the decision; or\n- (b) for another decision—be accompanied by a QCAT information notice for the decision.\n- (i) the day the notice is given to the applicant (the review notice day );\n- (ii) the reasons for the decision;\n- (iii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the court;\n- (iv) how to appeal;\n- (v) that the applicant may apply to the court for a stay of the decision; or","sortOrder":486},{"sectionNumber":"ch.12-pt.3-div.2","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":487},{"sectionNumber":"sec.367","sectionType":"section","heading":"Who may apply for external review","content":"### sec.367 Who may apply for external review\n\nA person given, or entitled to be given, a QCAT information notice under section 366 for an internal review decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.","sortOrder":488},{"sectionNumber":"ch.12-pt.3-div.3","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":489},{"sectionNumber":"sec.368","sectionType":"section","heading":"Who may appeal","content":"### sec.368 Who may appeal\n\nA person who has applied for an internal review of an original decision to seize or forfeit a thing and is dissatisfied with the internal review decision may appeal to the court against the decision.","sortOrder":490},{"sectionNumber":"sec.369","sectionType":"section","heading":"Procedure for an appeal to the court","content":"### sec.369 Procedure for an appeal to the court\n\nAn appeal is started by filing notice of appeal with the clerk of the court.\nA copy of the notice must be served on the issuing authority.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.\nHowever, the court may, at any time, extend the time for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal.\n(sec.369-ssec.1) An appeal is started by filing notice of appeal with the clerk of the court.\n(sec.369-ssec.2) A copy of the notice must be served on the issuing authority.\n(sec.369-ssec.3) The notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.\n(sec.369-ssec.4) However, the court may, at any time, extend the time for filing the notice of appeal.\n(sec.369-ssec.5) The notice of appeal must state fully the grounds of the appeal.","sortOrder":491},{"sectionNumber":"sec.370","sectionType":"section","heading":"Stay of operation of internal review decision","content":"### sec.370 Stay of operation of internal review decision\n\nThe court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be granted on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be amended or revoked by the court.\nThe period of a stay stated by the court must not extend past the time when the court decides the appeal.\nAn appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n(sec.370-ssec.1) The court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.\n(sec.370-ssec.2) A stay— may be granted on conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court.\n(sec.370-ssec.3) The period of a stay stated by the court must not extend past the time when the court decides the appeal.\n(sec.370-ssec.4) An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be granted on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be amended or revoked by the court.","sortOrder":492},{"sectionNumber":"sec.371","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.371 Powers of court on appeal\n\nIn deciding an appeal, the court—\nhas the same powers as the issuing authority in making the internal review decision appealed against; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the internal review decision; or\nset aside the internal review decision and substitute another decision; or\nset aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate.\n(sec.371-ssec.1) In deciding an appeal, the court— has the same powers as the issuing authority in making the internal review decision appealed against; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.371-ssec.2) An appeal is by way of rehearing.\n(sec.371-ssec.3) The court may— confirm the internal review decision; or set aside the internal review decision and substitute another decision; or set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate.\n- (a) has the same powers as the issuing authority in making the internal review decision appealed against; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.\n- (a) confirm the internal review decision; or\n- (b) set aside the internal review decision and substitute another decision; or\n- (c) set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate.","sortOrder":493},{"sectionNumber":"sec.372","sectionType":"section","heading":"Effect of decision of court on appeal","content":"### sec.372 Effect of decision of court on appeal\n\nIf the court acts to set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate, and the issuing authority makes a new decision, the new decision is not subject to review or appeal under this part.\nIf the court substitutes another decision, the substituted decision is taken to be the decision of the issuing authority, and the issuing authority may give effect to the decision as if the decision were the original decision of the issuing authority and no application for review or appeal had been made.\n(sec.372-ssec.1) If the court acts to set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate, and the issuing authority makes a new decision, the new decision is not subject to review or appeal under this part.\n(sec.372-ssec.2) If the court substitutes another decision, the substituted decision is taken to be the decision of the issuing authority, and the issuing authority may give effect to the decision as if the decision were the original decision of the issuing authority and no application for review or appeal had been made.","sortOrder":494},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Biosecurity orders","content":"# Biosecurity orders","sortOrder":495},{"sectionNumber":"ch.13-pt.1-div.1","sectionType":"division","heading":"General matters about biosecurity orders","content":"## General matters about biosecurity orders","sortOrder":496},{"sectionNumber":"sec.373","sectionType":"section","heading":"Giving biosecurity order","content":"### sec.373 Giving biosecurity order\n\nIf an authorised officer reasonably believes that a person has failed, or may fail, to discharge the person’s general biosecurity obligation at a place, the authorised officer may give the person (the recipient ) an order (a biosecurity order ).\nThe authorised officer may give the person the biosecurity order regardless of the circumstances in which the authorised officer forms the belief.\nAn authorised officer enters a place under a biosecurity emergency order made for responding to an outbreak of equine influenza. The authorised officer notices Mexican feather grass (an invasive plant that is restricted matter) at the place. The authorised officer may give the occupier of the place a biosecurity order for the Mexican feather grass.\nUnder a prevention and control program, an authorised officer appointed by the chief executive enters a place to which the program applies. The biosecurity matter the subject of the program is red imported fire ants. The authorised officer notices the person is keeping tilapia at the place. Tilapia is category 7 restricted matter. The authorised officer may give the occupier of the place a biosecurity order for the tilapia.\nA biosecurity order must be directed at ensuring the recipient discharges his or her general biosecurity obligation at the place, and may in particular be directed at ensuring the recipient discharges the general biosecurity obligation for particular biosecurity matter.\nThe biosecurity order may state that an authorised officer proposes, at a stated time or at stated intervals, to enter any of the following where biosecurity matter or a carrier, the subject of the order, is kept to check compliance with the order—\nthe place;\na vehicle of which the recipient is the person in control;\nanother place of which the recipient is the occupier.\nSee section 270 for the procedure for entry to check compliance with a biosecurity order.\nThe biosecurity order may state how the recipient may show that the stated action has been taken.\ns 373 amd 2016 No. 28 s 61\n(sec.373-ssec.1) If an authorised officer reasonably believes that a person has failed, or may fail, to discharge the person’s general biosecurity obligation at a place, the authorised officer may give the person (the recipient ) an order (a biosecurity order ).\n(sec.373-ssec.2) The authorised officer may give the person the biosecurity order regardless of the circumstances in which the authorised officer forms the belief. An authorised officer enters a place under a biosecurity emergency order made for responding to an outbreak of equine influenza. The authorised officer notices Mexican feather grass (an invasive plant that is restricted matter) at the place. The authorised officer may give the occupier of the place a biosecurity order for the Mexican feather grass. Under a prevention and control program, an authorised officer appointed by the chief executive enters a place to which the program applies. The biosecurity matter the subject of the program is red imported fire ants. The authorised officer notices the person is keeping tilapia at the place. Tilapia is category 7 restricted matter. The authorised officer may give the occupier of the place a biosecurity order for the tilapia.\n(sec.373-ssec.3) A biosecurity order must be directed at ensuring the recipient discharges his or her general biosecurity obligation at the place, and may in particular be directed at ensuring the recipient discharges the general biosecurity obligation for particular biosecurity matter.\n(sec.373-ssec.4) The biosecurity order may state that an authorised officer proposes, at a stated time or at stated intervals, to enter any of the following where biosecurity matter or a carrier, the subject of the order, is kept to check compliance with the order— the place; a vehicle of which the recipient is the person in control; another place of which the recipient is the occupier. See section 270 for the procedure for entry to check compliance with a biosecurity order.\n(sec.373-ssec.5) The biosecurity order may state how the recipient may show that the stated action has been taken.\n- 1 An authorised officer enters a place under a biosecurity emergency order made for responding to an outbreak of equine influenza. The authorised officer notices Mexican feather grass (an invasive plant that is restricted matter) at the place. The authorised officer may give the occupier of the place a biosecurity order for the Mexican feather grass.\n- 2 Under a prevention and control program, an authorised officer appointed by the chief executive enters a place to which the program applies. The biosecurity matter the subject of the program is red imported fire ants. The authorised officer notices the person is keeping tilapia at the place. Tilapia is category 7 restricted matter. The authorised officer may give the occupier of the place a biosecurity order for the tilapia.\n- (a) the place;\n- (b) a vehicle of which the recipient is the person in control;\n- (c) another place of which the recipient is the occupier.","sortOrder":497},{"sectionNumber":"sec.374","sectionType":"section","heading":"Matters that must be included in biosecurity order","content":"### sec.374 Matters that must be included in biosecurity order\n\nA biosecurity order must state each of the following—\nthe name and address of the recipient, or any other identifying information about the recipient that the authorised officer can reasonably obtain;\nif the authorised officer reasonably believes the recipient has failed to discharge the recipient’s general biosecurity obligation—the way in which the recipient has failed to discharge the recipient’s general biosecurity obligation;\nthe place where the recipient failed, or may fail, to discharge the recipient’s general biosecurity obligation;\nthe action the recipient must take at the place to prevent or reduce the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge the recipient’s general biosecurity obligation;\nthe period within which the action must be taken;\nthe action, if any, the recipient must take to show the recipient is complying with the biosecurity order and the period within which the action must be taken;\nphotos, taken before, during and after treatment, of land infested with restricted matter\nthe name of the authorised officer;\nthe name, address and contact details of the issuing authority for the biosecurity order;\nthat it is an offence for the recipient not to comply with the order unless the recipient has a reasonable excuse.\nThe period stated under subsection (1) (e) must be reasonable having regard to the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge his or her general biosecurity obligation.\nThe biosecurity order must also set out, or state the effect of, sections 262 and 263 .\n(sec.374-ssec.1) A biosecurity order must state each of the following— the name and address of the recipient, or any other identifying information about the recipient that the authorised officer can reasonably obtain; if the authorised officer reasonably believes the recipient has failed to discharge the recipient’s general biosecurity obligation—the way in which the recipient has failed to discharge the recipient’s general biosecurity obligation; the place where the recipient failed, or may fail, to discharge the recipient’s general biosecurity obligation; the action the recipient must take at the place to prevent or reduce the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge the recipient’s general biosecurity obligation; the period within which the action must be taken; the action, if any, the recipient must take to show the recipient is complying with the biosecurity order and the period within which the action must be taken; photos, taken before, during and after treatment, of land infested with restricted matter the name of the authorised officer; the name, address and contact details of the issuing authority for the biosecurity order; that it is an offence for the recipient not to comply with the order unless the recipient has a reasonable excuse.\n(sec.374-ssec.2) The period stated under subsection (1) (e) must be reasonable having regard to the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge his or her general biosecurity obligation.\n(sec.374-ssec.3) The biosecurity order must also set out, or state the effect of, sections 262 and 263 .\n- (a) the name and address of the recipient, or any other identifying information about the recipient that the authorised officer can reasonably obtain;\n- (b) if the authorised officer reasonably believes the recipient has failed to discharge the recipient’s general biosecurity obligation—the way in which the recipient has failed to discharge the recipient’s general biosecurity obligation;\n- (c) the place where the recipient failed, or may fail, to discharge the recipient’s general biosecurity obligation;\n- (d) the action the recipient must take at the place to prevent or reduce the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge the recipient’s general biosecurity obligation;\n- (e) the period within which the action must be taken;\n- (f) the action, if any, the recipient must take to show the recipient is complying with the biosecurity order and the period within which the action must be taken; Example— photos, taken before, during and after treatment, of land infested with restricted matter\n- (g) the name of the authorised officer;\n- (h) the name, address and contact details of the issuing authority for the biosecurity order;\n- (i) that it is an offence for the recipient not to comply with the order unless the recipient has a reasonable excuse.","sortOrder":498},{"sectionNumber":"sec.375","sectionType":"section","heading":"What biosecurity order may require","content":"### sec.375 What biosecurity order may require\n\nWithout limiting sections 373 and 374 , the biosecurity order may require the recipient to do any of the following at the place—\ntreat in a stated way, or refrain from treating, a carrier of biosecurity matter to control the biosecurity matter or to lessen the risk of the spread of the biosecurity matter;\ndispose of biosecurity matter or a carrier in a stated way, including by burning or burying it or by depositing it at a place where waste is deposited or disposed of;\ndestroy, or cause the destruction of, biosecurity matter or a carrier at the place in a stated way;\ncontrol or eradicate biosecurity matter in a stated way;\nclean or disinfect the place, or part of the place, a person at the place or anything on the person or a carrier at the place in a stated way;\nstop using the place or part of the place, for a stated purpose or a stated period, or until stated action is taken;\nremove biosecurity matter or a carrier from the place to another place and destroy, or cause the destruction of, the biosecurity matter or the carrier at the other place in a stated way;\nprohibit, or restrict in a stated way, the removal of biosecurity matter or a carrier;\nremove biosecurity matter or a carrier from the State or part of the State in a stated way.\n- (a) treat in a stated way, or refrain from treating, a carrier of biosecurity matter to control the biosecurity matter or to lessen the risk of the spread of the biosecurity matter;\n- (b) dispose of biosecurity matter or a carrier in a stated way, including by burning or burying it or by depositing it at a place where waste is deposited or disposed of;\n- (c) destroy, or cause the destruction of, biosecurity matter or a carrier at the place in a stated way;\n- (d) control or eradicate biosecurity matter in a stated way;\n- (e) clean or disinfect the place, or part of the place, a person at the place or anything on the person or a carrier at the place in a stated way;\n- (f) stop using the place or part of the place, for a stated purpose or a stated period, or until stated action is taken;\n- (g) remove biosecurity matter or a carrier from the place to another place and destroy, or cause the destruction of, the biosecurity matter or the carrier at the other place in a stated way;\n- (h) prohibit, or restrict in a stated way, the removal of biosecurity matter or a carrier;\n- (i) remove biosecurity matter or a carrier from the State or part of the State in a stated way.","sortOrder":499},{"sectionNumber":"sec.376","sectionType":"section","heading":"Requirements for giving biosecurity order","content":"### sec.376 Requirements for giving biosecurity order\n\nA biosecurity order must be in writing.\nHowever, a biosecurity order may be given orally if—\nfor any reason it is not practicable to immediately give the order in writing; and\nthe authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.\nIf the biosecurity order is given in writing, the order must be accompanied by, or include, an information notice for the authorised officer’s decision to give the order.\nIf the biosecurity order is given orally, the authorised officer must—\nwhen giving the order, tell the recipient that—\nthe recipient will be given, as soon as practicable, an information notice for the decision to give the order; and\nthe recipient is entitled to apply for an internal review of the decision to give the order; and\nif the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and\nas soon as practicable after giving the order, confirm the order by giving the recipient a notice that—\nstates the terms of the order and the date the order was given; and\nis accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.\ns 376 amd 2016 No. 28 s 62\n(sec.376-ssec.1) A biosecurity order must be in writing.\n(sec.376-ssec.2) However, a biosecurity order may be given orally if— for any reason it is not practicable to immediately give the order in writing; and the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.\n(sec.376-ssec.3) If the biosecurity order is given in writing, the order must be accompanied by, or include, an information notice for the authorised officer’s decision to give the order.\n(sec.376-ssec.4) If the biosecurity order is given orally, the authorised officer must— when giving the order, tell the recipient that— the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and the recipient is entitled to apply for an internal review of the decision to give the order; and if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and as soon as practicable after giving the order, confirm the order by giving the recipient a notice that— states the terms of the order and the date the order was given; and is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.\n- (a) for any reason it is not practicable to immediately give the order in writing; and\n- (b) the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.\n- (a) when giving the order, tell the recipient that— (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and\n- (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and\n- (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and\n- (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and\n- (b) as soon as practicable after giving the order, confirm the order by giving the recipient a notice that— (i) states the terms of the order and the date the order was given; and (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.\n- (i) states the terms of the order and the date the order was given; and\n- (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.\n- (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and\n- (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and\n- (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and\n- (i) states the terms of the order and the date the order was given; and\n- (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.","sortOrder":500},{"sectionNumber":"sec.377","sectionType":"section","heading":"Compliance with biosecurity order","content":"### sec.377 Compliance with biosecurity order\n\nThe recipient of a biosecurity order must comply with the order unless the recipient has a reasonable excuse.\nMaximum penalty—800 penalty units.\nIf a recipient fails to comply with a biosecurity order, the issuing authority for the order may take action under chapter 10 , for example under section 263 . Other action may be taken under this Act, for example, under part 2 of this chapter.","sortOrder":501},{"sectionNumber":"sec.378","sectionType":"section","heading":"Approval for particular biosecurity order","content":"### sec.378 Approval for particular biosecurity order\n\nThis section applies to a biosecurity order to be given to a person by an authorised person appointed by the chief executive officer of a local government if, in the opinion of the authorised person or chief executive officer, taking the action as mentioned in the biosecurity order, within the period stated in the order, would be likely to stop a business carried on by the person.\nBefore the biosecurity order is given, the order must be approved by the chief executive officer.\n(sec.378-ssec.1) This section applies to a biosecurity order to be given to a person by an authorised person appointed by the chief executive officer of a local government if, in the opinion of the authorised person or chief executive officer, taking the action as mentioned in the biosecurity order, within the period stated in the order, would be likely to stop a business carried on by the person.\n(sec.378-ssec.2) Before the biosecurity order is given, the order must be approved by the chief executive officer.","sortOrder":502},{"sectionNumber":"sec.379","sectionType":"section","heading":"Register of biosecurity orders","content":"### sec.379 Register of biosecurity orders\n\nThe administering executive of an authorised officer must keep a register of all biosecurity orders given by the authorised officer.\nThe register must contain the following particulars for each biosecurity order—\nthe real property description of the land to which it relates;\nthe local government area in which the land is situated;\nthe day the order was given;\ninformation about biosecurity matter or any other thing to which the order relates;\nthe action required to be taken under the order;\nthe period stated in the order for taking the action;\nother information prescribed under a regulation.\nIf the administering executive is satisfied that no further action is required in relation to a biosecurity order, the administering executive may remove the order from the register.\nThe chief executive may publish the register, or part of the register, on the department’s website.\nA person may, on payment of the fee prescribed under a regulation, inspect a register, kept by a chief executive officer of a local government, at the local government’s principal place of business when the place is open to the public.\nOn application by a person and payment of the fee prescribed under a regulation, a person may buy a copy of all or part of the information held in a register.\ns 379 amd 2016 No. 28 s 63\n(sec.379-ssec.1) The administering executive of an authorised officer must keep a register of all biosecurity orders given by the authorised officer.\n(sec.379-ssec.2) The register must contain the following particulars for each biosecurity order— the real property description of the land to which it relates; the local government area in which the land is situated; the day the order was given; information about biosecurity matter or any other thing to which the order relates; the action required to be taken under the order; the period stated in the order for taking the action; other information prescribed under a regulation.\n(sec.379-ssec.3) If the administering executive is satisfied that no further action is required in relation to a biosecurity order, the administering executive may remove the order from the register.\n(sec.379-ssec.4) The chief executive may publish the register, or part of the register, on the department’s website.\n(sec.379-ssec.5) A person may, on payment of the fee prescribed under a regulation, inspect a register, kept by a chief executive officer of a local government, at the local government’s principal place of business when the place is open to the public.\n(sec.379-ssec.6) On application by a person and payment of the fee prescribed under a regulation, a person may buy a copy of all or part of the information held in a register.\n- (a) the real property description of the land to which it relates;\n- (b) the local government area in which the land is situated;\n- (c) the day the order was given;\n- (d) information about biosecurity matter or any other thing to which the order relates;\n- (e) the action required to be taken under the order;\n- (f) the period stated in the order for taking the action;\n- (g) other information prescribed under a regulation.","sortOrder":503},{"sectionNumber":"ch.13-pt.1-div.2","sectionType":"division","heading":"Recovery of costs and expenses","content":"## Recovery of costs and expenses","sortOrder":504},{"sectionNumber":"sec.380","sectionType":"section","heading":"Recovery of costs of taking steps under biosecurity order","content":"### sec.380 Recovery of costs of taking steps under biosecurity order\n\nThe issuing authority for a biosecurity order may recover the amount that the issuing authority properly and reasonably incurs in taking the steps under section 263 as a debt payable by the person who failed to take the action to the issuing authority.\nThe issuing authority must give the person notice of the amount of the debt.\nFor subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person notice of the amount of the debt.\nIf the issuing authority is a local government, the amount payable to the local government is, for the purposes of recovery, taken to be rates owing to the local government.\n(sec.380-ssec.1) The issuing authority for a biosecurity order may recover the amount that the issuing authority properly and reasonably incurs in taking the steps under section 263 as a debt payable by the person who failed to take the action to the issuing authority.\n(sec.380-ssec.2) The issuing authority must give the person notice of the amount of the debt.\n(sec.380-ssec.3) For subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person notice of the amount of the debt.\n(sec.380-ssec.4) If the issuing authority is a local government, the amount payable to the local government is, for the purposes of recovery, taken to be rates owing to the local government.","sortOrder":505},{"sectionNumber":"sec.381","sectionType":"section","heading":"Cost under biosecurity order a charge over land","content":"### sec.381 Cost under biosecurity order a charge over land\n\nThis section applies if an amount, including any interest on the amount, (the unpaid amount ) is payable to a local government by the recipient under a biosecurity order relating to a failure to discharge a general biosecurity obligation on land owned by the recipient.\nThe unpaid amount is a charge on the land.\nThe local government may register the charge over the land by lodging the following documents with the registrar of titles—\na request to register the charge over the land, in the appropriate form;\na certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\nAfter the charge is registered over the land, the charge has priority over all other encumbrances over the land other than—\nencumbrances in favour of the State or a government entity; and\nrates payable to the local government.\nIf the unpaid amount is paid, the local government must lodge the following documents with the registrar of titles—\na request to release the charge over the land, in the appropriate form;\na certificate signed by the local government’s chief executive officer stating the unpaid amount has been paid.\nThis section does not limit any other remedy the local government has to recover the unpaid amount.\n(sec.381-ssec.1) This section applies if an amount, including any interest on the amount, (the unpaid amount ) is payable to a local government by the recipient under a biosecurity order relating to a failure to discharge a general biosecurity obligation on land owned by the recipient.\n(sec.381-ssec.2) The unpaid amount is a charge on the land.\n(sec.381-ssec.3) The local government may register the charge over the land by lodging the following documents with the registrar of titles— a request to register the charge over the land, in the appropriate form; a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\n(sec.381-ssec.4) After the charge is registered over the land, the charge has priority over all other encumbrances over the land other than— encumbrances in favour of the State or a government entity; and rates payable to the local government.\n(sec.381-ssec.5) If the unpaid amount is paid, the local government must lodge the following documents with the registrar of titles— a request to release the charge over the land, in the appropriate form; a certificate signed by the local government’s chief executive officer stating the unpaid amount has been paid.\n(sec.381-ssec.6) This section does not limit any other remedy the local government has to recover the unpaid amount.\n- (a) a request to register the charge over the land, in the appropriate form;\n- (b) a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\n- (a) encumbrances in favour of the State or a government entity; and\n- (b) rates payable to the local government.\n- (a) a request to release the charge over the land, in the appropriate form;\n- (b) a certificate signed by the local government’s chief executive officer stating the unpaid amount has been paid.","sortOrder":506},{"sectionNumber":"ch.13-pt.1-div.3","sectionType":"division","heading":"Recovery of costs from other persons","content":"## Recovery of costs from other persons","sortOrder":507},{"sectionNumber":"sec.382","sectionType":"section","heading":"Recipient may apply for contribution","content":"### sec.382 Recipient may apply for contribution\n\nThis section applies if the recipient of a biosecurity order has complied with the order and considers another person (the third party ), whether or not the State, is wholly or partly responsible for the failure to discharge the general biosecurity obligation the subject of the order.\nThe recipient may apply to a court for an order (a cost recovery order ) that the third party reimburse the recipient for part or all of the costs of complying with the biosecurity order.\nThe application must—\nbe sworn; and\nstate the grounds on which the application is made; and\nstate the name of the third party; and\nstate the amount sought from the third party; and\nbe accompanied by a copy of the biosecurity order.\nThe court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.\nThe court may require additional information supporting the application be given by statutory declaration.\n(sec.382-ssec.1) This section applies if the recipient of a biosecurity order has complied with the order and considers another person (the third party ), whether or not the State, is wholly or partly responsible for the failure to discharge the general biosecurity obligation the subject of the order.\n(sec.382-ssec.2) The recipient may apply to a court for an order (a cost recovery order ) that the third party reimburse the recipient for part or all of the costs of complying with the biosecurity order.\n(sec.382-ssec.3) The application must— be sworn; and state the grounds on which the application is made; and state the name of the third party; and state the amount sought from the third party; and be accompanied by a copy of the biosecurity order.\n(sec.382-ssec.4) The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires. The court may require additional information supporting the application be given by statutory declaration.\n- (a) be sworn; and\n- (b) state the grounds on which the application is made; and\n- (c) state the name of the third party; and\n- (d) state the amount sought from the third party; and\n- (e) be accompanied by a copy of the biosecurity order.","sortOrder":508},{"sectionNumber":"sec.383","sectionType":"section","heading":"Notice of hearing of cost recovery order must be given","content":"### sec.383 Notice of hearing of cost recovery order must be given\n\nThe third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\nThe notice—\nmust be accompanied by a copy of the application; and\nmust state—\nthe time when and the place where the application is to be heard; and\nthat the third party may appear at the hearing and be heard on the application; and\nthat, if the third party does not appear, the application may be decided in the absence of the third party.\nIf the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.\nIf the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.\n(sec.383-ssec.1) The third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\n(sec.383-ssec.2) The notice— must be accompanied by a copy of the application; and must state— the time when and the place where the application is to be heard; and that the third party may appear at the hearing and be heard on the application; and that, if the third party does not appear, the application may be decided in the absence of the third party.\n(sec.383-ssec.3) If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.\n(sec.383-ssec.4) If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.\n- (a) must be accompanied by a copy of the application; and\n- (b) must state— (i) the time when and the place where the application is to be heard; and (ii) that the third party may appear at the hearing and be heard on the application; and (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the third party may appear at the hearing and be heard on the application; and\n- (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the third party may appear at the hearing and be heard on the application; and\n- (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.","sortOrder":509},{"sectionNumber":"sec.384","sectionType":"section","heading":"When court may make cost recovery order","content":"### sec.384 When court may make cost recovery order\n\nA court may make a cost recovery order against the third party if it is satisfied—\na biosecurity order was given to a person; and\nthe person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and\nthe third party is responsible for part or all of the failure to discharge the general biosecurity obligation the subject of the order; and\na copy of the application for the cost recovery order has been given to the third party.\n- (a) a biosecurity order was given to a person; and\n- (b) the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and\n- (c) the third party is responsible for part or all of the failure to discharge the general biosecurity obligation the subject of the order; and\n- (d) a copy of the application for the cost recovery order has been given to the third party.","sortOrder":510},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":511},{"sectionNumber":"sec.385","sectionType":"section","heading":"Application of pt 2","content":"### sec.385 Application of pt 2\n\nThis part applies if—\na person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute an offence under chapter 2 ; and\nthe chief executive or a chief executive officer has reasonable grounds to believe that an injunction under this part is necessary to mitigate any adverse effect on a biosecurity consideration arising from the conduct.\nIn this part, a reference to engaging in conduct may be taken to include a reference to omitting to engage in conduct, if the omission constitutes or would constitute an offence under chapter 2 .\n(sec.385-ssec.1) This part applies if— a person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute an offence under chapter 2 ; and the chief executive or a chief executive officer has reasonable grounds to believe that an injunction under this part is necessary to mitigate any adverse effect on a biosecurity consideration arising from the conduct.\n(sec.385-ssec.2) In this part, a reference to engaging in conduct may be taken to include a reference to omitting to engage in conduct, if the omission constitutes or would constitute an offence under chapter 2 .\n- (a) a person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute an offence under chapter 2 ; and\n- (b) the chief executive or a chief executive officer has reasonable grounds to believe that an injunction under this part is necessary to mitigate any adverse effect on a biosecurity consideration arising from the conduct.","sortOrder":512},{"sectionNumber":"sec.386","sectionType":"section","heading":"Who may apply for an injunction","content":"### sec.386 Who may apply for an injunction\n\nThe chief executive or chief executive officer may apply to the District Court for an injunction in relation to the conduct.\nHowever, a chief executive officer may apply for an injunction in relation to the conduct only if the conduct relates to invasive biosecurity matter for the local government’s area.\n(sec.386-ssec.1) The chief executive or chief executive officer may apply to the District Court for an injunction in relation to the conduct.\n(sec.386-ssec.2) However, a chief executive officer may apply for an injunction in relation to the conduct only if the conduct relates to invasive biosecurity matter for the local government’s area.","sortOrder":513},{"sectionNumber":"sec.387","sectionType":"section","heading":"District Court’s powers","content":"### sec.387 District Court’s powers\n\nOn considering the application for an injunction, the District Court may grant an injunction—\nrestraining the person from engaging in the conduct; and\nif in the court’s opinion it is desirable to do so, requiring the person to do anything.\nThe power of the court to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\nwhether or not the person has previously engaged in the conduct.\nThe power of the court to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe District Court may rescind or vary an injunction at any time.\nThe powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.\n(sec.387-ssec.1) On considering the application for an injunction, the District Court may grant an injunction— restraining the person from engaging in the conduct; and if in the court’s opinion it is desirable to do so, requiring the person to do anything.\n(sec.387-ssec.2) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in the conduct.\n(sec.387-ssec.3) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.387-ssec.4) An interim injunction may be granted under this part until the application is finally decided.\n(sec.387-ssec.5) The District Court may rescind or vary an injunction at any time.\n(sec.387-ssec.6) The powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.\n- (a) restraining the person from engaging in the conduct; and\n- (b) if in the court’s opinion it is desirable to do so, requiring the person to do anything.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and\n- (b) whether or not the person has previously engaged in the conduct.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":514},{"sectionNumber":"sec.388","sectionType":"section","heading":"Terms of injunction","content":"### sec.388 Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting subsection (1) , an injunction may be granted restraining a person from carrying on a business or carrying out another activity—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s conduct.\n(sec.388-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.388-ssec.2) Without limiting subsection (1) , an injunction may be granted restraining a person from carrying on a business or carrying out another activity— for a stated period; or except on stated terms and conditions.\n(sec.388-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s conduct.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":515},{"sectionNumber":"sec.389","sectionType":"section","heading":"Undertakings as to damages or costs","content":"### sec.389 Undertakings as to damages or costs\n\nIf the chief executive or a chief executive officer applies for an injunction under this part, no undertaking as to damages or costs may be required to be made.","sortOrder":516},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Intergovernmental agreements","content":"# Intergovernmental agreements","sortOrder":517},{"sectionNumber":"sec.390","sectionType":"section","heading":"Intergovernmental agreement for recognising biosecurity certificates           ","content":"### sec.390 Intergovernmental agreement for recognising biosecurity certificates           \n\nAn agreement (an intergovernmental agreement ) entered into by the Minister or the chief executive, for the State, with the Commonwealth or another State may—\nprovide for recognition by Queensland of biosecurity certificates given under a law of the Commonwealth or other State that is a corresponding law to this Act; and\nprovide for recognition by the Commonwealth or another State of biosecurity certificates given under this Act by accredited certifiers; and\nimpose audit, inspection or other requirements on a party to the agreement to ensure the integrity and mutual recognition of certificates mentioned in paragraphs (a) and (b) ; and\nprovide for another matter necessary or convenient to achieve the purposes of this Act.\n- (a) provide for recognition by Queensland of biosecurity certificates given under a law of the Commonwealth or other State that is a corresponding law to this Act; and\n- (b) provide for recognition by the Commonwealth or another State of biosecurity certificates given under this Act by accredited certifiers; and\n- (c) impose audit, inspection or other requirements on a party to the agreement to ensure the integrity and mutual recognition of certificates mentioned in paragraphs (a) and (b) ; and\n- (d) provide for another matter necessary or convenient to achieve the purposes of this Act.","sortOrder":518},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Government and industry agreements","content":"# Government and industry agreements","sortOrder":519},{"sectionNumber":"sec.391","sectionType":"section","heading":"Entering into government and industry agreements","content":"### sec.391 Entering into government and industry agreements\n\nThe Minister or the chief executive may, for the State, enter into an agreement (a government and industry agreement )—\nto help achieve the purposes of this Act; and\nthat is between the State and any 1 or more of the following—\n1 or more other jurisdictions;\n1 or more local governments;\n1 or more industry bodies;\n1 or more natural resource management bodies;\n1 or more other entities.\nutility service provider, port authority\nThe agreement may be directed at—\nensuring a coordinated process for either of the following—\nresponding to a biosecurity event;\nsharing, between the parties, the costs related to a biosecurity event; or\nproviding for another matter necessary or convenient to achieve the purposes of this Act.\nIn this section—\nindustry body means a body considered by the participants in a particular industry to be the national or State representative of the industry.\nother jurisdiction means the Commonwealth or another State.\ns 391 amd 2015 No. 15 s 51\n(sec.391-ssec.1) The Minister or the chief executive may, for the State, enter into an agreement (a government and industry agreement )— to help achieve the purposes of this Act; and that is between the State and any 1 or more of the following— 1 or more other jurisdictions; 1 or more local governments; 1 or more industry bodies; 1 or more natural resource management bodies; 1 or more other entities. utility service provider, port authority\n(sec.391-ssec.2) The agreement may be directed at— ensuring a coordinated process for either of the following— responding to a biosecurity event; sharing, between the parties, the costs related to a biosecurity event; or providing for another matter necessary or convenient to achieve the purposes of this Act.\n(sec.391-ssec.3) In this section— industry body means a body considered by the participants in a particular industry to be the national or State representative of the industry. other jurisdiction means the Commonwealth or another State.\n- (a) to help achieve the purposes of this Act; and\n- (b) that is between the State and any 1 or more of the following— (i) 1 or more other jurisdictions; (ii) 1 or more local governments; (iii) 1 or more industry bodies; (iv) 1 or more natural resource management bodies; (v) 1 or more other entities. Example for subparagraph (v) — utility service provider, port authority\n- (i) 1 or more other jurisdictions;\n- (ii) 1 or more local governments;\n- (iii) 1 or more industry bodies;\n- (iv) 1 or more natural resource management bodies;\n- (v) 1 or more other entities. Example for subparagraph (v) — utility service provider, port authority\n- (i) 1 or more other jurisdictions;\n- (ii) 1 or more local governments;\n- (iii) 1 or more industry bodies;\n- (iv) 1 or more natural resource management bodies;\n- (v) 1 or more other entities. Example for subparagraph (v) — utility service provider, port authority\n- (a) ensuring a coordinated process for either of the following— (i) responding to a biosecurity event; (ii) sharing, between the parties, the costs related to a biosecurity event; or\n- (i) responding to a biosecurity event;\n- (ii) sharing, between the parties, the costs related to a biosecurity event; or\n- (b) providing for another matter necessary or convenient to achieve the purposes of this Act.\n- (i) responding to a biosecurity event;\n- (ii) sharing, between the parties, the costs related to a biosecurity event; or","sortOrder":520},{"sectionNumber":"sec.392","sectionType":"section","heading":"Content of government and industry agreement","content":"### sec.392 Content of government and industry agreement\n\nA government and industry agreement may provide for the following—\nmeasures the parties to the agreement must undertake for—\npreparing for a biosecurity event; or\npreventing, controlling or responding to a biosecurity event; or\nundertaking surveillance for biosecurity matter; or\nrecovering from a biosecurity event; or\nongoing management of biosecurity matter that caused a biosecurity event;\nthe whole or partial reimbursement of costs incurred, or losses suffered, by a person in complying with an implemented response to a biosecurity event;\ncosts of eradicating or controlling biosecurity matter\ncosts of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter\nthe value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter\nthe value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter\nsharing, between the parties to the agreement, of any of the following costs incurred by a party to the agreement—\ncosts of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure;\ncosts of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;\nrestrictions applying to cost sharing under the agreement;\nonly a stated maximum amount is eligible for cost sharing under the agreement\nonly the stated types of costs are eligible for cost sharing under the agreement\nanything else necessary or convenient for the matters mentioned in paragraphs (a) to (d) .\nSubsection (1) (c) does not limit the types of costs that may be subject to cost sharing under the agreement.\nIn this section—\nimplemented response , to a biosecurity event, means action taken in response to the biosecurity event, under a term of a government and industry agreement that states how the parties to the agreement will respond, or decide what their response will be, to the biosecurity event.\n(sec.392-ssec.1) A government and industry agreement may provide for the following— measures the parties to the agreement must undertake for— preparing for a biosecurity event; or preventing, controlling or responding to a biosecurity event; or undertaking surveillance for biosecurity matter; or recovering from a biosecurity event; or ongoing management of biosecurity matter that caused a biosecurity event; the whole or partial reimbursement of costs incurred, or losses suffered, by a person in complying with an implemented response to a biosecurity event; costs of eradicating or controlling biosecurity matter costs of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter the value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter sharing, between the parties to the agreement, of any of the following costs incurred by a party to the agreement— costs of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure; costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response; restrictions applying to cost sharing under the agreement; only a stated maximum amount is eligible for cost sharing under the agreement only the stated types of costs are eligible for cost sharing under the agreement anything else necessary or convenient for the matters mentioned in paragraphs (a) to (d) .\n(sec.392-ssec.2) Subsection (1) (c) does not limit the types of costs that may be subject to cost sharing under the agreement.\n(sec.392-ssec.3) In this section— implemented response , to a biosecurity event, means action taken in response to the biosecurity event, under a term of a government and industry agreement that states how the parties to the agreement will respond, or decide what their response will be, to the biosecurity event.\n- (a) measures the parties to the agreement must undertake for— (i) preparing for a biosecurity event; or (ii) preventing, controlling or responding to a biosecurity event; or (iii) undertaking surveillance for biosecurity matter; or (iv) recovering from a biosecurity event; or (v) ongoing management of biosecurity matter that caused a biosecurity event;\n- (i) preparing for a biosecurity event; or\n- (ii) preventing, controlling or responding to a biosecurity event; or\n- (iii) undertaking surveillance for biosecurity matter; or\n- (iv) recovering from a biosecurity event; or\n- (v) ongoing management of biosecurity matter that caused a biosecurity event;\n- (b) the whole or partial reimbursement of costs incurred, or losses suffered, by a person in complying with an implemented response to a biosecurity event; Examples of costs that may be incurred by a person in complying with an implemented response— • costs of eradicating or controlling biosecurity matter • costs of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter Examples of losses that may be suffered by a person in complying with an implemented response— • the value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter • the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter\n- • costs of eradicating or controlling biosecurity matter\n- • costs of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter\n- • the value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter\n- • the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter\n- (c) sharing, between the parties to the agreement, of any of the following costs incurred by a party to the agreement— (i) costs of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure; (ii) costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;\n- (i) costs of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure;\n- (ii) costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;\n- (d) restrictions applying to cost sharing under the agreement; Examples of restrictions that may apply to cost sharing under the agreement— • only a stated maximum amount is eligible for cost sharing under the agreement • only the stated types of costs are eligible for cost sharing under the agreement\n- • only a stated maximum amount is eligible for cost sharing under the agreement\n- • only the stated types of costs are eligible for cost sharing under the agreement\n- (e) anything else necessary or convenient for the matters mentioned in paragraphs (a) to (d) .\n- (i) preparing for a biosecurity event; or\n- (ii) preventing, controlling or responding to a biosecurity event; or\n- (iii) undertaking surveillance for biosecurity matter; or\n- (iv) recovering from a biosecurity event; or\n- (v) ongoing management of biosecurity matter that caused a biosecurity event;\n- • costs of eradicating or controlling biosecurity matter\n- • costs of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter\n- • the value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter\n- • the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter\n- (i) costs of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure;\n- (ii) costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;\n- • only a stated maximum amount is eligible for cost sharing under the agreement\n- • only the stated types of costs are eligible for cost sharing under the agreement","sortOrder":521},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Compliance agreements and certificates","content":"# Compliance agreements and certificates","sortOrder":522},{"sectionNumber":"ch.14-pt.3-div.1","sectionType":"division","heading":"Purpose and effect of compliance agreements","content":"## Purpose and effect of compliance agreements","sortOrder":523},{"sectionNumber":"sec.393","sectionType":"section","heading":"Entering into compliance agreements","content":"### sec.393 Entering into compliance agreements\n\nThe chief executive may, for the State, enter into an agreement (a compliance agreement ) that—\nhelps achieve the purposes of this Act; and\nis between the State and a person (the other party ); and\nidentifies any biosecurity risk matter the subject of the agreement; and\nprovides for—\nthe application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and\nthe records the other party must keep to show compliance with the procedures; and\nthe supervision, monitoring and testing of the other party’s compliance with the procedures.\nA compliance agreement may provide that, in the circumstances and to the extent stated in the agreement, the chief executive may give the other party notice—\ncancelling or amending the agreement; or\nsuspending the operation of the agreement—\nfor a stated period; or\nuntil the happening of a stated event.\nAn inspector may give the other party notice of the application of particular procedures that are additional to the procedures contained in the compliance agreement.\nHowever, the inspector may give notice under subsection (3) only if the inspector is acting under chapter 10 , part 3 .\nIf the inspector gives notice under subsection (3) , the procedures stated in the notice are taken to be procedures in the compliance agreement.\nAlso, a compliance agreement is of no effect in relation to a person to the extent that it purports to authorise an act or omission that is contrary to any of the following applying to the person—\na biosecurity emergency order;\na biosecurity zone regulatory provision;\na movement control order.\ns 393 amd 2024 No. 17 s 105\n(sec.393-ssec.1) The chief executive may, for the State, enter into an agreement (a compliance agreement ) that— helps achieve the purposes of this Act; and is between the State and a person (the other party ); and identifies any biosecurity risk matter the subject of the agreement; and provides for— the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and the records the other party must keep to show compliance with the procedures; and the supervision, monitoring and testing of the other party’s compliance with the procedures.\n(sec.393-ssec.2) A compliance agreement may provide that, in the circumstances and to the extent stated in the agreement, the chief executive may give the other party notice— cancelling or amending the agreement; or suspending the operation of the agreement— for a stated period; or until the happening of a stated event.\n(sec.393-ssec.3) An inspector may give the other party notice of the application of particular procedures that are additional to the procedures contained in the compliance agreement.\n(sec.393-ssec.4) However, the inspector may give notice under subsection (3) only if the inspector is acting under chapter 10 , part 3 .\n(sec.393-ssec.5) If the inspector gives notice under subsection (3) , the procedures stated in the notice are taken to be procedures in the compliance agreement.\n(sec.393-ssec.6) Also, a compliance agreement is of no effect in relation to a person to the extent that it purports to authorise an act or omission that is contrary to any of the following applying to the person— a biosecurity emergency order; a biosecurity zone regulatory provision; a movement control order.\n- (a) helps achieve the purposes of this Act; and\n- (b) is between the State and a person (the other party ); and\n- (c) identifies any biosecurity risk matter the subject of the agreement; and\n- (d) provides for— (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and (ii) the records the other party must keep to show compliance with the procedures; and (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures.\n- (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and\n- (ii) the records the other party must keep to show compliance with the procedures; and\n- (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures.\n- (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and\n- (ii) the records the other party must keep to show compliance with the procedures; and\n- (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures.\n- (a) cancelling or amending the agreement; or\n- (b) suspending the operation of the agreement— (i) for a stated period; or (ii) until the happening of a stated event.\n- (i) for a stated period; or\n- (ii) until the happening of a stated event.\n- (i) for a stated period; or\n- (ii) until the happening of a stated event.\n- (a) a biosecurity emergency order;\n- (b) a biosecurity zone regulatory provision;\n- (c) a movement control order.","sortOrder":524},{"sectionNumber":"sec.394","sectionType":"section","heading":"What is a compliance certificate","content":"### sec.394 What is a compliance certificate\n\nA compliance certificate is a certificate—\nissued under a compliance agreement by a person authorised by the other party to the agreement to give the certificate; and\nstating that the measures proposed for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the agreement have been carried out.\n- (a) issued under a compliance agreement by a person authorised by the other party to the agreement to give the certificate; and\n- (b) stating that the measures proposed for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the agreement have been carried out.","sortOrder":525},{"sectionNumber":"sec.395","sectionType":"section","heading":"Effect of compliance agreement if holding compliance certificate","content":"### sec.395 Effect of compliance agreement if holding compliance certificate\n\nThis section applies if—\nthe biosecurity risk matter stated in a compliance agreement is the dealing with a particular biosecurity matter or carrier; and\na person holds a compliance certificate under the agreement for the biosecurity risk matter.\nAn authorised officer may, in exercising powers under this Act relating to the biosecurity risk matter, accept and, without further checking, rely and act on the compliance certificate.\nAn authorised officer may release to the other party to a compliance agreement biosecurity matter or a carrier that has been seized under chapter 10 , part 4 , division 5 if the other party holds a compliance certificate for the biosecurity matter or carrier.\n(sec.395-ssec.1) This section applies if— the biosecurity risk matter stated in a compliance agreement is the dealing with a particular biosecurity matter or carrier; and a person holds a compliance certificate under the agreement for the biosecurity risk matter.\n(sec.395-ssec.2) An authorised officer may, in exercising powers under this Act relating to the biosecurity risk matter, accept and, without further checking, rely and act on the compliance certificate. An authorised officer may release to the other party to a compliance agreement biosecurity matter or a carrier that has been seized under chapter 10 , part 4 , division 5 if the other party holds a compliance certificate for the biosecurity matter or carrier.\n- (a) the biosecurity risk matter stated in a compliance agreement is the dealing with a particular biosecurity matter or carrier; and\n- (b) a person holds a compliance certificate under the agreement for the biosecurity risk matter.","sortOrder":526},{"sectionNumber":"ch.14-pt.3-div.2","sectionType":"division","heading":"Applications for compliance agreements","content":"## Applications for compliance agreements","sortOrder":527},{"sectionNumber":"sec.396","sectionType":"section","heading":"Requirements for application","content":"### sec.396 Requirements for application\n\nA person may apply to the chief executive in the approved form to enter into a compliance agreement with the State.\nThe application must state each of the following—\nthe details about the applicant that are prescribed under a regulation;\na brief description of the nature of the business the applicant conducts, including details of any biosecurity matter or carrier the business deals with, or activity carried out by the business, (the biosecurity risk matter ) that may pose a biosecurity risk;\nthe biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter;\nthe measures proposed to prevent or manage exposure to the biosecurity risks and to help achieve the purposes of this Act, including measures—\nto minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or\nto limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter;\nhygiene or disinfection practices\nstaff training\noperating procedures for plant and equipment used in the applicant’s business\nthe implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled\nwhen assessment of the proposed measures mentioned in paragraph (d) will be carried out and the way the measures will be assessed;\nwhether the applicant proposes complying with a recognised way of managing the biosecurity risks for the applicant’s business, including, for example, an Australian standard or a code of practice;\nif the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction—details of the offence and the circumstances of its commission;\nother information prescribed under a regulation relating to control of the biosecurity risks.\nThe application must be accompanied by the fee prescribed under a regulation.\n(sec.396-ssec.1) A person may apply to the chief executive in the approved form to enter into a compliance agreement with the State.\n(sec.396-ssec.2) The application must state each of the following— the details about the applicant that are prescribed under a regulation; a brief description of the nature of the business the applicant conducts, including details of any biosecurity matter or carrier the business deals with, or activity carried out by the business, (the biosecurity risk matter ) that may pose a biosecurity risk; the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter; the measures proposed to prevent or manage exposure to the biosecurity risks and to help achieve the purposes of this Act, including measures— to minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or to limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter; hygiene or disinfection practices staff training operating procedures for plant and equipment used in the applicant’s business the implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled when assessment of the proposed measures mentioned in paragraph (d) will be carried out and the way the measures will be assessed; whether the applicant proposes complying with a recognised way of managing the biosecurity risks for the applicant’s business, including, for example, an Australian standard or a code of practice; if the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction—details of the offence and the circumstances of its commission; other information prescribed under a regulation relating to control of the biosecurity risks.\n(sec.396-ssec.3) The application must be accompanied by the fee prescribed under a regulation.\n- (a) the details about the applicant that are prescribed under a regulation;\n- (b) a brief description of the nature of the business the applicant conducts, including details of any biosecurity matter or carrier the business deals with, or activity carried out by the business, (the biosecurity risk matter ) that may pose a biosecurity risk;\n- (c) the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter;\n- (d) the measures proposed to prevent or manage exposure to the biosecurity risks and to help achieve the purposes of this Act, including measures— (i) to minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or (ii) to limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter; Examples— • hygiene or disinfection practices • staff training • operating procedures for plant and equipment used in the applicant’s business • the implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled\n- (i) to minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or\n- (ii) to limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter;\n- • hygiene or disinfection practices\n- • staff training\n- • operating procedures for plant and equipment used in the applicant’s business\n- • the implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled\n- (e) when assessment of the proposed measures mentioned in paragraph (d) will be carried out and the way the measures will be assessed;\n- (f) whether the applicant proposes complying with a recognised way of managing the biosecurity risks for the applicant’s business, including, for example, an Australian standard or a code of practice;\n- (g) if the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction—details of the offence and the circumstances of its commission;\n- (h) other information prescribed under a regulation relating to control of the biosecurity risks.\n- (i) to minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or\n- (ii) to limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter;\n- • hygiene or disinfection practices\n- • staff training\n- • operating procedures for plant and equipment used in the applicant’s business\n- • the implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled","sortOrder":528},{"sectionNumber":"sec.397","sectionType":"section","heading":"Consideration of application","content":"### sec.397 Consideration of application\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.","sortOrder":529},{"sectionNumber":"sec.398","sectionType":"section","heading":"Criteria for deciding application","content":"### sec.398 Criteria for deciding application\n\nThe chief executive may grant the application only if satisfied—\nthe measures proposed to prevent or manage exposure to the biosecurity risks are suitable for the biosecurity risk matter; and\nthe audit carried out under section 464 shows—\nthe applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and\nthe applicant can comply with the requirements of the compliance agreement.\nFurther, in deciding whether or not to grant the application, the chief executive must consider whether the applicant is a suitable person to enter into a compliance agreement.\n(sec.398-ssec.1) The chief executive may grant the application only if satisfied— the measures proposed to prevent or manage exposure to the biosecurity risks are suitable for the biosecurity risk matter; and the audit carried out under section 464 shows— the applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and the applicant can comply with the requirements of the compliance agreement.\n(sec.398-ssec.2) Further, in deciding whether or not to grant the application, the chief executive must consider whether the applicant is a suitable person to enter into a compliance agreement.\n- (a) the measures proposed to prevent or manage exposure to the biosecurity risks are suitable for the biosecurity risk matter; and\n- (b) the audit carried out under section 464 shows— (i) the applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and (ii) the applicant can comply with the requirements of the compliance agreement.\n- (i) the applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and\n- (ii) the applicant can comply with the requirements of the compliance agreement.\n- (i) the applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and\n- (ii) the applicant can comply with the requirements of the compliance agreement.","sortOrder":530},{"sectionNumber":"sec.399","sectionType":"section","heading":"Inquiry about application","content":"### sec.399 Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to enter into a compliance agreement; and\nmay, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.399-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to enter into a compliance agreement; and may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.399-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.399-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.399-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant to enter into a compliance agreement; and\n- (b) may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":531},{"sectionNumber":"sec.400","sectionType":"section","heading":"Suitability of applicant to enter into compliance agreement","content":"### sec.400 Suitability of applicant to enter into compliance agreement\n\nIn considering whether an applicant is a suitable person to enter into a compliance agreement, the chief executive must have regard to whether the applicant or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee—\nhas a conviction for a relevant biosecurity offence, other than a spent conviction; or\nhas previously entered into a compliance agreement that the chief executive has suspended or cancelled under division 3 .\n- (a) has a conviction for a relevant biosecurity offence, other than a spent conviction; or\n- (b) has previously entered into a compliance agreement that the chief executive has suspended or cancelled under division 3 .","sortOrder":532},{"sectionNumber":"sec.401","sectionType":"section","heading":"Decision on application","content":"### sec.401 Decision on application\n\nIf the chief executive decides to grant the application, the chief executive must—\ndecide the provisions of the compliance agreement; and\ngive the applicant an information notice for the decision that includes the proposed provisions; and\non behalf of the State, enter into a compliance agreement with the applicant.\nWithout limiting section 393 , the provisions of a compliance agreement may include any of the following—\nthat the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business;\nparticular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement;\nthe records the applicant must keep to show compliance with the procedures;\nagreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures;\nthe performance outcomes for the procedures;\ncircumstances in which the agreement can be cancelled or suspended;\ncircumstances in which the agreement can be amended;\nthe way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement;\nthe information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive;\nthe day that the agreement takes effect;\nany other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.\nA compliance agreement must state its term that is not more than 5 years after the agreement takes effect.\nSee sections 393 and 407 for when the chief executive may cancel a compliance agreement.\nIf the chief executive decides to refuse the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.401-ssec.1) If the chief executive decides to grant the application, the chief executive must— decide the provisions of the compliance agreement; and give the applicant an information notice for the decision that includes the proposed provisions; and on behalf of the State, enter into a compliance agreement with the applicant.\n(sec.401-ssec.2) Without limiting section 393 , the provisions of a compliance agreement may include any of the following— that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business; particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement; the records the applicant must keep to show compliance with the procedures; agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures; the performance outcomes for the procedures; circumstances in which the agreement can be cancelled or suspended; circumstances in which the agreement can be amended; the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement; the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive; the day that the agreement takes effect; any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.\n(sec.401-ssec.3) A compliance agreement must state its term that is not more than 5 years after the agreement takes effect. See sections 393 and 407 for when the chief executive may cancel a compliance agreement.\n(sec.401-ssec.4) If the chief executive decides to refuse the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n- (a) decide the provisions of the compliance agreement; and\n- (b) give the applicant an information notice for the decision that includes the proposed provisions; and\n- (c) on behalf of the State, enter into a compliance agreement with the applicant.\n- (a) that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business;\n- (b) particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement;\n- (c) the records the applicant must keep to show compliance with the procedures;\n- (d) agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures;\n- (e) the performance outcomes for the procedures;\n- (f) circumstances in which the agreement can be cancelled or suspended;\n- (g) circumstances in which the agreement can be amended;\n- (h) the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement;\n- (i) the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive;\n- (j) the day that the agreement takes effect;\n- (k) any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.","sortOrder":533},{"sectionNumber":"sec.402","sectionType":"section","heading":"Failure to decide application","content":"### sec.402 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application to enter into a compliance agreement; and\nthe chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.402-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.402-ssec.2) Subsection (3) applies if— a person has made an application to enter into a compliance agreement; and the chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.\n(sec.402-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.402-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application to enter into a compliance agreement; and\n- (b) the chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.","sortOrder":534},{"sectionNumber":"ch.14-pt.3-div.3","sectionType":"division","heading":"Suspension and cancellation of compliance agreements","content":"## Suspension and cancellation of compliance agreements","sortOrder":535},{"sectionNumber":"sec.403","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.403 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a compliance agreement—\nthe other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement;\nthe other party is convicted of an offence against section 409 ;\nthe chief executive reasonably believes the other party has not complied, or is not complying, with the agreement;\na compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk;\nthe chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party;\na ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for entering into a compliance agreement is a suitable person to enter into the agreement.\n(sec.403-ssec.1) Each of the following is a ground for suspending or cancelling a compliance agreement— the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; the other party is convicted of an offence against section 409 ; the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement; a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk; the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party; a ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .\n(sec.403-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for entering into a compliance agreement is a suitable person to enter into the agreement.\n- (a) the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement;\n- (b) the other party is convicted of an offence against section 409 ;\n- (c) the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement;\n- (d) a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk;\n- (e) the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party;\n- (f) a ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .","sortOrder":536},{"sectionNumber":"sec.404","sectionType":"section","heading":"Show cause notice","content":"### sec.404 Show cause notice\n\nThis section applies if the chief executive believes a ground exists to suspend or cancel the compliance agreement.\nThe chief executive must give the other party to the agreement a notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action the chief executive proposes taking under this division (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the agreement—the proposed suspension period;\nthat the other party may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 28 days after the other party is given the show cause notice.\n(sec.404-ssec.1) This section applies if the chief executive believes a ground exists to suspend or cancel the compliance agreement.\n(sec.404-ssec.2) The chief executive must give the other party to the agreement a notice under this section (a show cause notice ).\n(sec.404-ssec.3) The show cause notice must state the following— the action the chief executive proposes taking under this division (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the agreement—the proposed suspension period; that the other party may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.404-ssec.4) The show cause period must end at least 28 days after the other party is given the show cause notice.\n- (a) the action the chief executive proposes taking under this division (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the agreement—the proposed suspension period;\n- (e) that the other party may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.","sortOrder":537},{"sectionNumber":"sec.405","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.405 Representations about show cause notice\n\nThe other party to the compliance agreement may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all representations (the accepted representations ) for the show cause notice made under subsection (1) .\n(sec.405-ssec.1) The other party to the compliance agreement may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.405-ssec.2) The chief executive must consider all representations (the accepted representations ) for the show cause notice made under subsection (1) .","sortOrder":538},{"sectionNumber":"sec.406","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.406 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the compliance agreement, the chief executive—\nmust not take any further action about the show cause notice; and\nmust give the other party to the agreement a notice that no further action is to be taken about the show cause notice.\n- (a) must not take any further action about the show cause notice; and\n- (b) must give the other party to the agreement a notice that no further action is to be taken about the show cause notice.","sortOrder":539},{"sectionNumber":"sec.407","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.407 Suspension or cancellation\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to suspend or cancel the compliance agreement; and\nbelieves suspension or cancellation of the agreement is warranted.\nThe chief executive may—\nif the proposed action was to suspend the agreement—suspend the agreement for not longer than the proposed suspension period; or\nif the proposed action was to cancel the agreement—cancel the agreement or suspend it for a period.\nIf the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the other party to the agreement an information notice for the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the other party;\nthe day stated in the information notice for that purpose.\n(sec.407-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to suspend or cancel the compliance agreement; and believes suspension or cancellation of the agreement is warranted.\n(sec.407-ssec.2) The chief executive may— if the proposed action was to suspend the agreement—suspend the agreement for not longer than the proposed suspension period; or if the proposed action was to cancel the agreement—cancel the agreement or suspend it for a period.\n(sec.407-ssec.3) If the chief executive decides to take action under subsection (2) , the chief executive must as soon as practicable give the other party to the agreement an information notice for the decision.\n(sec.407-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the other party; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the chief executive— (i) still believes a ground exists to suspend or cancel the compliance agreement; and (ii) believes suspension or cancellation of the agreement is warranted.\n- (i) still believes a ground exists to suspend or cancel the compliance agreement; and\n- (ii) believes suspension or cancellation of the agreement is warranted.\n- (i) still believes a ground exists to suspend or cancel the compliance agreement; and\n- (ii) believes suspension or cancellation of the agreement is warranted.\n- (a) if the proposed action was to suspend the agreement—suspend the agreement for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the agreement—cancel the agreement or suspend it for a period.\n- (a) the day the information notice is given to the other party;\n- (b) the day stated in the information notice for that purpose.","sortOrder":540},{"sectionNumber":"sec.408","sectionType":"section","heading":"Immediate suspension of compliance agreement for biosecurity risk             ","content":"### sec.408 Immediate suspension of compliance agreement for biosecurity risk             \n\nThe chief executive may suspend the compliance agreement immediately if the chief executive believes—\na ground exists to suspend or cancel the agreement; and\nit is necessary to suspend the agreement immediately because there is an immediate and serious biosecurity risk.\nThe suspension—\ncan be effected only by the chief executive giving an information notice to the other party to the agreement about the decision to suspend the agreement, together with a show cause notice; and\noperates immediately the notices are given to the other party; and\ncontinues to operate until the earliest of the following happens—\nthe chief executive cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n56 days have passed since the notices were given to the other party.\n(sec.408-ssec.1) The chief executive may suspend the compliance agreement immediately if the chief executive believes— a ground exists to suspend or cancel the agreement; and it is necessary to suspend the agreement immediately because there is an immediate and serious biosecurity risk.\n(sec.408-ssec.2) The suspension— can be effected only by the chief executive giving an information notice to the other party to the agreement about the decision to suspend the agreement, together with a show cause notice; and operates immediately the notices are given to the other party; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of the suspension; the show cause notice is finally dealt with; 56 days have passed since the notices were given to the other party.\n- (a) a ground exists to suspend or cancel the agreement; and\n- (b) it is necessary to suspend the agreement immediately because there is an immediate and serious biosecurity risk.\n- (a) can be effected only by the chief executive giving an information notice to the other party to the agreement about the decision to suspend the agreement, together with a show cause notice; and\n- (b) operates immediately the notices are given to the other party; and\n- (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 56 days have passed since the notices were given to the other party.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 56 days have passed since the notices were given to the other party.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 56 days have passed since the notices were given to the other party.","sortOrder":541},{"sectionNumber":"ch.14-pt.3-div.4","sectionType":"division","heading":"Offences about compliance agreements","content":"## Offences about compliance agreements","sortOrder":542},{"sectionNumber":"sec.409","sectionType":"section","heading":"Complying with compliance agreement","content":"### sec.409 Complying with compliance agreement\n\nA person who is a party to a compliance agreement with the State must comply with the agreement unless the person has a lawful or reasonable excuse.\nMaximum penalty—600 penalty units.\nIn a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the person took all reasonable steps to comply with the compliance agreement.\n(sec.409-ssec.1) A person who is a party to a compliance agreement with the State must comply with the agreement unless the person has a lawful or reasonable excuse. Maximum penalty—600 penalty units.\n(sec.409-ssec.2) In a proceeding for an offence against subsection (1) , it is a defence for the person to prove that the person took all reasonable steps to comply with the compliance agreement.","sortOrder":543},{"sectionNumber":"sec.410","sectionType":"section","heading":"False statements and false advertising","content":"### sec.410 False statements and false advertising\n\nA person (the first person ) who is not a party to a compliance agreement must not—\nstate, either orally or in writing, anything to another person that is likely to induce the person to believe the first person is a party to a compliance agreement; or\npublish, or cause to be published, an advertisement stating or implying the first person is a party to a compliance agreement.\nMaximum penalty—100 penalty units.\n- (a) state, either orally or in writing, anything to another person that is likely to induce the person to believe the first person is a party to a compliance agreement; or\n- (b) publish, or cause to be published, an advertisement stating or implying the first person is a party to a compliance agreement.","sortOrder":544},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":545},{"sectionNumber":"sec.411","sectionType":"section","heading":"Definitions for ch 15","content":"### sec.411 Definitions for ch 15\n\nIn this chapter—\napproved biosecurity accreditation scheme means a biosecurity accreditation scheme approved by the chief executive under part 5 .\ns 411 def approved biosecurity accreditation scheme ins 2017 No. 7 s 100\napproved operator , for an approved biosecurity accreditation scheme, means a person approved, under part 5 , to operate an approved biosecurity accreditation scheme.\ns 411 def approved operator ins 2017 No. 7 s 100\nbiosecurity accreditation scheme see section 435A .\ns 411 def biosecurity accreditation scheme ins 2017 No. 7 s 100\nbiosecurity accreditation system , of an approved operator of, or an applicant for approval to operate, an approved biosecurity accreditation scheme, means the processes, equipment, personnel and resources developed for operating the scheme.\ns 411 def biosecurity accreditation system ins 2017 No. 7 s 100\nICA scheme means the national scheme, based on an intergovernmental agreement, that provides for the operational procedures known generally as Interstate Certification Assurance.\nICA system , of an applicant, means the processes, equipment, personnel and resources developed for use by the applicant for complying with the requirements of each operational procedure identified in the application.\noperational procedure means a procedure—\nto identify, prevent, minimise or mitigate the biosecurity risks relating to particular biosecurity matter, a carrier of the matter or activities dealing with the matter; and\nthat, if followed, provides a sound basis for issuing a biosecurity certificate in relation to the matter, carrier or activity.\ns 411 def operational procedure ins 2017 No. 7 s 100\nowner , of a biosecurity accreditation scheme, means a person who has the right to manage, administer and change the scheme.\ns 411 def owner ins 2017 No. 7 s 100\nrelevant accreditation offence means any of the following offences—\nan offence against this Act;\nan offence against a repealed Act;\nan offence involving the supply or use of a chemical for agricultural purposes, including an offence against a law relating to the supply or use of agricultural chemical products, as defined under the Agvet Code of Queensland applying under the Agricultural and Veterinary Chemicals (Queensland) Act 1994 ;\nan offence against a law applying, or that applied, in the Commonwealth, another State or a foreign country if the offence substantially corresponds to an offence mentioned in paragraph (a) , (b) or (c) .\n- (a) to identify, prevent, minimise or mitigate the biosecurity risks relating to particular biosecurity matter, a carrier of the matter or activities dealing with the matter; and\n- (b) that, if followed, provides a sound basis for issuing a biosecurity certificate in relation to the matter, carrier or activity.\n- (a) an offence against this Act;\n- (b) an offence against a repealed Act;\n- (c) an offence involving the supply or use of a chemical for agricultural purposes, including an offence against a law relating to the supply or use of agricultural chemical products, as defined under the Agvet Code of Queensland applying under the Agricultural and Veterinary Chemicals (Queensland) Act 1994 ;\n- (d) an offence against a law applying, or that applied, in the Commonwealth, another State or a foreign country if the offence substantially corresponds to an offence mentioned in paragraph (a) , (b) or (c) .","sortOrder":546},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Purpose and operation of biosecurity certificates and the accreditation system","content":"# Purpose and operation of biosecurity certificates and the accreditation system","sortOrder":547},{"sectionNumber":"sec.412","sectionType":"section","heading":"What is a biosecurity certificate","content":"### sec.412 What is a biosecurity certificate\n\nA biosecurity certificate is a certificate about whether stated biosecurity matter or another stated thing, including, for example, a carrier of prohibited matter or restricted matter—\nis free of any stated prohibited matter or restricted matter; or\nis free of any stated regulated biosecurity matter; or\nis, for the purposes of a law that is a corresponding law to this Act, free of any stated biosecurity matter; or\nis in a stated condition; or\nis from a stated area; or\nhas been the subject of a stated treatment; or\nmeets stated requirements, including, for example, that it complies with requirements for certification as stated in an accreditation.\n- (a) is free of any stated prohibited matter or restricted matter; or\n- (b) is free of any stated regulated biosecurity matter; or\n- (c) is, for the purposes of a law that is a corresponding law to this Act, free of any stated biosecurity matter; or\n- (d) is in a stated condition; or\n- (e) is from a stated area; or\n- (f) has been the subject of a stated treatment; or\n- (g) meets stated requirements, including, for example, that it complies with requirements for certification as stated in an accreditation.","sortOrder":548},{"sectionNumber":"sec.413","sectionType":"section","heading":"Purpose and operation of acceptable biosecurity certificates","content":"### sec.413 Purpose and operation of acceptable biosecurity certificates\n\nAn acceptable biosecurity certificate is intended to provide a convenient basis on which a person may be taken to comply with, or may be exempted from, particular requirements of this Act or of a corresponding law to this Act about prohibited or restricted matter or about biosecurity matter that may pose a risk to a biosecurity consideration.\nSubsection (3) applies if—\nan accredited certifier, in compliance with this Act, gives a biosecurity certificate for biosecurity matter or another stated thing (an acceptable biosecurity certificate ); or\nan interstate accredited certifier or interstate officer, in compliance with a corresponding law to this Act, gives a biosecurity certificate, however called, for biosecurity matter or another stated thing, and there is an intergovernmental agreement that provides for recognition in Queensland of the certificate (also an acceptable biosecurity certificate ); or\nan interstate officer, in compliance with a corresponding law to this Act, gives a certificate that is, or is in the nature of, a biosecurity certificate, however called, for biosecurity matter or another stated thing (also an acceptable biosecurity certificate ).\nIf the acceptable biosecurity certificate makes a statement about the existence of a fact, an authorised officer may accept and, without further checking, rely and act on the acceptable biosecurity certificate.\nAn authorised officer’s functions include carrying out an inspection of a carrier of biosecurity matter. An acceptable biosecurity certificate has been given for the biosecurity matter stating that the measures stated for preventing or managing exposure to biosecurity risks relating to the biosecurity matter have been carried out. The authorised officer is not required to carry out the inspection of the carrier.\nIn this section—\ninterstate accredited certifier means a person who holds accreditation, however called, in another State under a corresponding law to this Act and the accreditation is recognised, under an intergovernmental agreement, as being equivalent to accreditation held by an accredited certifier.\ninterstate officer means a person who holds a position, however called, equivalent to an authorised officer in a department of the Commonwealth or of another State that deals with the same matters as this Act or a provision of this Act under a corresponding law to this Act.\n(sec.413-ssec.1) An acceptable biosecurity certificate is intended to provide a convenient basis on which a person may be taken to comply with, or may be exempted from, particular requirements of this Act or of a corresponding law to this Act about prohibited or restricted matter or about biosecurity matter that may pose a risk to a biosecurity consideration.\n(sec.413-ssec.2) Subsection (3) applies if— an accredited certifier, in compliance with this Act, gives a biosecurity certificate for biosecurity matter or another stated thing (an acceptable biosecurity certificate ); or an interstate accredited certifier or interstate officer, in compliance with a corresponding law to this Act, gives a biosecurity certificate, however called, for biosecurity matter or another stated thing, and there is an intergovernmental agreement that provides for recognition in Queensland of the certificate (also an acceptable biosecurity certificate ); or an interstate officer, in compliance with a corresponding law to this Act, gives a certificate that is, or is in the nature of, a biosecurity certificate, however called, for biosecurity matter or another stated thing (also an acceptable biosecurity certificate ).\n(sec.413-ssec.3) If the acceptable biosecurity certificate makes a statement about the existence of a fact, an authorised officer may accept and, without further checking, rely and act on the acceptable biosecurity certificate. An authorised officer’s functions include carrying out an inspection of a carrier of biosecurity matter. An acceptable biosecurity certificate has been given for the biosecurity matter stating that the measures stated for preventing or managing exposure to biosecurity risks relating to the biosecurity matter have been carried out. The authorised officer is not required to carry out the inspection of the carrier.\n(sec.413-ssec.4) In this section— interstate accredited certifier means a person who holds accreditation, however called, in another State under a corresponding law to this Act and the accreditation is recognised, under an intergovernmental agreement, as being equivalent to accreditation held by an accredited certifier. interstate officer means a person who holds a position, however called, equivalent to an authorised officer in a department of the Commonwealth or of another State that deals with the same matters as this Act or a provision of this Act under a corresponding law to this Act.\n- (a) an accredited certifier, in compliance with this Act, gives a biosecurity certificate for biosecurity matter or another stated thing (an acceptable biosecurity certificate ); or\n- (b) an interstate accredited certifier or interstate officer, in compliance with a corresponding law to this Act, gives a biosecurity certificate, however called, for biosecurity matter or another stated thing, and there is an intergovernmental agreement that provides for recognition in Queensland of the certificate (also an acceptable biosecurity certificate ); or\n- (c) an interstate officer, in compliance with a corresponding law to this Act, gives a certificate that is, or is in the nature of, a biosecurity certificate, however called, for biosecurity matter or another stated thing (also an acceptable biosecurity certificate ).","sortOrder":549},{"sectionNumber":"sec.414","sectionType":"section","heading":"Purpose and operation of accreditation system","content":"### sec.414 Purpose and operation of accreditation system\n\nThe purpose of the accreditation system under this chapter is to allow for persons to gain accreditation for the purposes of giving biosecurity certificates under this Act.","sortOrder":550},{"sectionNumber":"sec.415","sectionType":"section","heading":"Giving biosecurity certificates","content":"### sec.415 Giving biosecurity certificates\n\nAn accredited certifier may refuse to give a person a biosecurity certificate if the accredited certifier has not, to the accredited certifier’s reasonable satisfaction, done any of the following in relation to anything intended to be the subject of the certificate—\ninspect, test or treat the thing;\ntake samples of the thing;\nsupervise the treatment or grading of the thing;\nexamine materials or equipment used to treat or grade the thing;\ndo anything else the accredited certifier reasonably considers necessary or beneficial for the purposes of giving the biosecurity certificate.\nA biosecurity certificate may be given under this Act personally by an accredited certifier or, if accreditation conditions permit, by another person acting under the direction of the accredited certifier.\nSubject to accreditation conditions and to this Act, an accredited certifier may give a biosecurity certificate in relation to the person’s own biosecurity matter or other thing or another person’s biosecurity matter or other thing.\n(sec.415-ssec.1) An accredited certifier may refuse to give a person a biosecurity certificate if the accredited certifier has not, to the accredited certifier’s reasonable satisfaction, done any of the following in relation to anything intended to be the subject of the certificate— inspect, test or treat the thing; take samples of the thing; supervise the treatment or grading of the thing; examine materials or equipment used to treat or grade the thing; do anything else the accredited certifier reasonably considers necessary or beneficial for the purposes of giving the biosecurity certificate.\n(sec.415-ssec.2) A biosecurity certificate may be given under this Act personally by an accredited certifier or, if accreditation conditions permit, by another person acting under the direction of the accredited certifier.\n(sec.415-ssec.3) Subject to accreditation conditions and to this Act, an accredited certifier may give a biosecurity certificate in relation to the person’s own biosecurity matter or other thing or another person’s biosecurity matter or other thing.\n- (a) inspect, test or treat the thing;\n- (b) take samples of the thing;\n- (c) supervise the treatment or grading of the thing;\n- (d) examine materials or equipment used to treat or grade the thing;\n- (e) do anything else the accredited certifier reasonably considers necessary or beneficial for the purposes of giving the biosecurity certificate.","sortOrder":551},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Accreditation of inspector or authorised person","content":"# Accreditation of inspector or authorised person","sortOrder":552},{"sectionNumber":"sec.416","sectionType":"section","heading":"Application of part limited to authorised officers appointed by chief executive","content":"### sec.416 Application of part limited to authorised officers appointed by chief executive\n\nThis part applies to an inspector only if the inspector was appointed by the chief executive under chapter 10 , part 1 , division 1 .\nThis part applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10 , part 1 , division 2 .\n(sec.416-ssec.1) This part applies to an inspector only if the inspector was appointed by the chief executive under chapter 10 , part 1 , division 1 .\n(sec.416-ssec.2) This part applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10 , part 1 , division 2 .","sortOrder":553},{"sectionNumber":"sec.417","sectionType":"section","heading":"Accreditation of inspectors","content":"### sec.417 Accreditation of inspectors\n\nAn inspector is an accredited certifier subject to any conditions, including limitations—\nincluded in the inspector’s instrument of appointment as an inspector; or\nas advised to the inspector from time to time by the chief executive.\n- (a) included in the inspector’s instrument of appointment as an inspector; or\n- (b) as advised to the inspector from time to time by the chief executive.","sortOrder":554},{"sectionNumber":"sec.418","sectionType":"section","heading":"Accreditation of authorised persons appointed by chief executive","content":"### sec.418 Accreditation of authorised persons appointed by chief executive\n\nA person appointed as an authorised person by the chief executive is an accredited certifier if—\nthe authorised person’s accreditation is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and\nthe chief executive has not withdrawn the accreditation by advice given to the authorised person.\nThe authorised person’s accreditation is subject to any conditions, including limitations—\nincluded in the authorised person’s instrument of appointment as an authorised person; or\nas advised to the authorised person from time to time by the chief executive.\n(sec.418-ssec.1) A person appointed as an authorised person by the chief executive is an accredited certifier if— the authorised person’s accreditation is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and the chief executive has not withdrawn the accreditation by advice given to the authorised person.\n(sec.418-ssec.2) The authorised person’s accreditation is subject to any conditions, including limitations— included in the authorised person’s instrument of appointment as an authorised person; or as advised to the authorised person from time to time by the chief executive.\n- (a) the authorised person’s accreditation is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and\n- (b) the chief executive has not withdrawn the accreditation by advice given to the authorised person.\n- (a) included in the authorised person’s instrument of appointment as an authorised person; or\n- (b) as advised to the authorised person from time to time by the chief executive.","sortOrder":555},{"sectionNumber":"sec.419","sectionType":"section","heading":"Fees","content":"### sec.419 Fees\n\nA regulation may provide for the fees payable for the giving of a biosecurity certificate by an authorised officer who is also an accredited certifier.","sortOrder":556},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"Accreditation by chief executive","content":"# Accreditation by chief executive","sortOrder":557},{"sectionNumber":"ch.15-pt.4-div.1","sectionType":"division","heading":"Application for accreditation","content":"## Application for accreditation","sortOrder":558},{"sectionNumber":"sec.420","sectionType":"section","heading":"Application for accreditation","content":"### sec.420 Application for accreditation\n\nA person may apply to the chief executive for the grant of an accreditation.\nAn application for accreditation must—\nbe made in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\nIf the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission.\nSubsection (3) does not limit the information that may be required under the approved form.\nA person who applies to the chief executive for a grant of an accreditation must not, in making the application, give the chief executive information that the person knows or ought reasonably to know is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\n(sec.420-ssec.1) A person may apply to the chief executive for the grant of an accreditation.\n(sec.420-ssec.2) An application for accreditation must— be made in the approved form; and be accompanied by the fee prescribed under a regulation.\n(sec.420-ssec.3) If the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission.\n(sec.420-ssec.4) Subsection (3) does not limit the information that may be required under the approved form.\n(sec.420-ssec.5) A person who applies to the chief executive for a grant of an accreditation must not, in making the application, give the chief executive information that the person knows or ought reasonably to know is false or misleading in a material particular. Maximum penalty—200 penalty units.\n- (a) be made in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":559},{"sectionNumber":"sec.421","sectionType":"section","heading":"Additional application requirements for ICA scheme","content":"### sec.421 Additional application requirements for ICA scheme\n\nIf the grant of accreditation is for the purposes of the applicant’s participation in the ICA scheme, the application must—\nidentify the operational procedures provided for under the scheme and that are directly relevant to the proposed grant of accreditation; and\ninclude details of the applicant’s ICA system relevant to each operational procedure; and\nidentify the biosecurity matter to be covered by the accreditation; and\nif relevant to the accreditation, identify the chemicals to be covered by the accreditation and include evidence that the applicant is suitably authorised to deal with the chemicals.\n- (a) identify the operational procedures provided for under the scheme and that are directly relevant to the proposed grant of accreditation; and\n- (b) include details of the applicant’s ICA system relevant to each operational procedure; and\n- (c) identify the biosecurity matter to be covered by the accreditation; and\n- (d) if relevant to the accreditation, identify the chemicals to be covered by the accreditation and include evidence that the applicant is suitably authorised to deal with the chemicals.","sortOrder":560},{"sectionNumber":"sec.422","sectionType":"section","heading":"Consideration of application","content":"### sec.422 Consideration of application\n\nThe chief executive must consider the application and decide to—\ngrant the accreditation applied for or another accreditation; or\ngrant the accreditation on conditions; or\nrefuse to grant the accreditation.\n- (a) grant the accreditation applied for or another accreditation; or\n- (b) grant the accreditation on conditions; or\n- (c) refuse to grant the accreditation.","sortOrder":561},{"sectionNumber":"sec.423","sectionType":"section","heading":"Criteria for granting accreditation","content":"### sec.423 Criteria for granting accreditation\n\nThe chief executive may grant accreditation only if satisfied the applicant—\nhas the necessary expertise or experience to perform the functions of an accredited certifier; and\nis a suitable person to be an accredited certifier.\nSubsections (3) and (4) apply if the grant of accreditation is for the purposes of the applicant’s participation in the ICA scheme.\nThe chief executive must ensure that an audit is conducted of each of the applicant’s ICA systems, or proposed ICA systems, relevant to the application, and must have regard to the results of the audit in deciding whether to grant accreditation.\nWithout limiting subsection (3) , the chief executive must have regard to whether each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed.\n(sec.423-ssec.1) The chief executive may grant accreditation only if satisfied the applicant— has the necessary expertise or experience to perform the functions of an accredited certifier; and is a suitable person to be an accredited certifier.\n(sec.423-ssec.2) Subsections (3) and (4) apply if the grant of accreditation is for the purposes of the applicant’s participation in the ICA scheme.\n(sec.423-ssec.3) The chief executive must ensure that an audit is conducted of each of the applicant’s ICA systems, or proposed ICA systems, relevant to the application, and must have regard to the results of the audit in deciding whether to grant accreditation.\n(sec.423-ssec.4) Without limiting subsection (3) , the chief executive must have regard to whether each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed.\n- (a) has the necessary expertise or experience to perform the functions of an accredited certifier; and\n- (b) is a suitable person to be an accredited certifier.","sortOrder":562},{"sectionNumber":"sec.424","sectionType":"section","heading":"Inquiry about application","content":"### sec.424 Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to be an accredited certifier; and\nmay, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.424-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to be an accredited certifier; and may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.424-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.424-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.424-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant to be an accredited certifier; and\n- (b) may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":563},{"sectionNumber":"sec.425","sectionType":"section","heading":"Suitability of person for accreditation","content":"### sec.425 Suitability of person for accreditation\n\nIn deciding whether the applicant is a suitable person for accreditation, the chief executive may have regard to the following—\nwhether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act;\nwhether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;\nwhether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction;\nany other matter the chief executive considers relevant to the person’s ability to perform the functions of an accredited certifier.\n- (a) whether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act;\n- (b) whether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;\n- (c) whether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction;\n- (d) any other matter the chief executive considers relevant to the person’s ability to perform the functions of an accredited certifier.","sortOrder":564},{"sectionNumber":"sec.426","sectionType":"section","heading":"Decision on application","content":"### sec.426 Decision on application\n\nIf the chief executive decides to grant the accreditation, the chief executive must give the accreditation to the applicant.\nIf the chief executive decides to refuse to grant the accreditation, or to impose conditions on the accreditation under section 430 (1) , the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.426-ssec.1) If the chief executive decides to grant the accreditation, the chief executive must give the accreditation to the applicant.\n(sec.426-ssec.2) If the chief executive decides to refuse to grant the accreditation, or to impose conditions on the accreditation under section 430 (1) , the chief executive must as soon as practicable give the applicant an information notice for the decision.","sortOrder":565},{"sectionNumber":"sec.427","sectionType":"section","heading":"Failure to decide application","content":"### sec.427 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for an accreditation; and\nthe chief executive has, under section 424 (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the accreditation if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.427-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.427-ssec.2) Subsection (3) applies if— a person has made an application for an accreditation; and the chief executive has, under section 424 (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.427-ssec.3) The chief executive is taken to have refused to grant the accreditation if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.427-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for an accreditation; and\n- (b) the chief executive has, under section 424 (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":566},{"sectionNumber":"sec.428","sectionType":"section","heading":"Term of accreditation","content":"### sec.428 Term of accreditation\n\nUnless sooner cancelled or suspended, an accreditation remains in force for the period, of not more than 3 years, decided by the chief executive and stated in the accreditation.","sortOrder":567},{"sectionNumber":"sec.429","sectionType":"section","heading":"Form of accreditation","content":"### sec.429 Form of accreditation\n\nAn accreditation may be given in a way the chief executive considers appropriate.\nThe chief executive may give an accreditation in the form of a certificate, or an agreement or arrangement with the accredited certifier.","sortOrder":568},{"sectionNumber":"sec.430","sectionType":"section","heading":"Accreditation conditions","content":"### sec.430 Accreditation conditions\n\nThe chief executive may grant an accreditation on conditions ( accreditation conditions ).\nA condition may provide for any of the following—\nthe particular type of biosecurity certificate the accredited certifier may give;\nconditions on which a biosecurity certificate may be given;\nother restrictions on the use of the accreditation;\nsecurity for the performance of the conditions by the accredited certifier and the enforcement of the security, even if there is a penalty or liability under this Act;\npayment to the chief executive by the accredited certifier of the reasonable costs stated in the conditions for ensuring that the conditions are complied with;\nrecords required to be kept by the accredited certifier;\nauditing of the accredited certifier’s activities as an accredited certifier;\nproviding information to the chief executive as and when required by the chief executive;\nanother matter prescribed under a regulation.\nSubsection (2) does not limit conditions that may be imposed by the chief executive.\nThe chief executive may impose conditions when the accreditation is issued or renewed.\nIn this section—\nsecurity includes mortgage, bond, insurance and surety.\n(sec.430-ssec.1) The chief executive may grant an accreditation on conditions ( accreditation conditions ).\n(sec.430-ssec.2) A condition may provide for any of the following— the particular type of biosecurity certificate the accredited certifier may give; conditions on which a biosecurity certificate may be given; other restrictions on the use of the accreditation; security for the performance of the conditions by the accredited certifier and the enforcement of the security, even if there is a penalty or liability under this Act; payment to the chief executive by the accredited certifier of the reasonable costs stated in the conditions for ensuring that the conditions are complied with; records required to be kept by the accredited certifier; auditing of the accredited certifier’s activities as an accredited certifier; providing information to the chief executive as and when required by the chief executive; another matter prescribed under a regulation.\n(sec.430-ssec.3) Subsection (2) does not limit conditions that may be imposed by the chief executive.\n(sec.430-ssec.4) The chief executive may impose conditions when the accreditation is issued or renewed.\n(sec.430-ssec.5) In this section— security includes mortgage, bond, insurance and surety.\n- (a) the particular type of biosecurity certificate the accredited certifier may give;\n- (b) conditions on which a biosecurity certificate may be given;\n- (c) other restrictions on the use of the accreditation;\n- (d) security for the performance of the conditions by the accredited certifier and the enforcement of the security, even if there is a penalty or liability under this Act;\n- (e) payment to the chief executive by the accredited certifier of the reasonable costs stated in the conditions for ensuring that the conditions are complied with;\n- (f) records required to be kept by the accredited certifier;\n- (g) auditing of the accredited certifier’s activities as an accredited certifier;\n- (h) providing information to the chief executive as and when required by the chief executive;\n- (i) another matter prescribed under a regulation.","sortOrder":569},{"sectionNumber":"ch.15-pt.4-div.2","sectionType":"division","heading":"Register","content":"## Register","sortOrder":570},{"sectionNumber":"sec.431","sectionType":"section","heading":"Register","content":"### sec.431 Register\n\nThe chief executive must keep a register of accredited certifiers.\nThe register must contain the following particulars for each accredited certifier—\nthe accredited certifier’s name and contact details;\nthe accreditation conditions imposed on the accredited certifier’s accreditation;\nthe term of the accreditation.\nThe register may be kept in the form, including electronic form, the chief executive considers appropriate.\nThe chief executive may publish the register on the department’s website.\ns 431 amd 2016 No. 28 s 64\n(sec.431-ssec.1) The chief executive must keep a register of accredited certifiers.\n(sec.431-ssec.2) The register must contain the following particulars for each accredited certifier— the accredited certifier’s name and contact details; the accreditation conditions imposed on the accredited certifier’s accreditation; the term of the accreditation.\n(sec.431-ssec.3) The register may be kept in the form, including electronic form, the chief executive considers appropriate.\n(sec.431-ssec.4) The chief executive may publish the register on the department’s website.\n- (a) the accredited certifier’s name and contact details;\n- (b) the accreditation conditions imposed on the accredited certifier’s accreditation;\n- (c) the term of the accreditation.","sortOrder":571},{"sectionNumber":"ch.15-pt.4-div.3","sectionType":"division","heading":"Renewal of accreditations","content":"## Renewal of accreditations","sortOrder":572},{"sectionNumber":"sec.431A","sectionType":"section","heading":"Application of division","content":"### sec.431A Application of division\n\nThis division does not apply to an accredited certifier who holds accreditation under an approved biosecurity accreditation scheme.\ns 431A ins 2017 No. 7 s 104","sortOrder":573},{"sectionNumber":"sec.432","sectionType":"section","heading":"Application for renewal","content":"### sec.432 Application for renewal\n\nAn accredited certifier may apply to the chief executive for renewal of the person’s accreditation.\nThe application must—\nbe made within 60 days before the term of the accreditation ends; and\nbe made in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\nThe chief executive must consider the application and decide to renew, or refuse to renew, the accreditation.\nIn deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an accreditation is a suitable person to be an accredited certifier.\nIf the chief executive decides to refuse to renew the accreditation, or to impose conditions on the accreditation, the chief executive must as soon as practicable give the applicant an information notice for the decision.\nAn accreditation may be renewed by issuing another accreditation to replace it.\n(sec.432-ssec.1) An accredited certifier may apply to the chief executive for renewal of the person’s accreditation.\n(sec.432-ssec.2) The application must— be made within 60 days before the term of the accreditation ends; and be made in the approved form; and be accompanied by the fee prescribed under a regulation.\n(sec.432-ssec.3) The chief executive must consider the application and decide to renew, or refuse to renew, the accreditation.\n(sec.432-ssec.4) In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an accreditation is a suitable person to be an accredited certifier.\n(sec.432-ssec.5) If the chief executive decides to refuse to renew the accreditation, or to impose conditions on the accreditation, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.432-ssec.6) An accreditation may be renewed by issuing another accreditation to replace it.\n- (a) be made within 60 days before the term of the accreditation ends; and\n- (b) be made in the approved form; and\n- (c) be accompanied by the fee prescribed under a regulation.","sortOrder":574},{"sectionNumber":"sec.433","sectionType":"section","heading":"Inquiry about application","content":"### sec.433 Inquiry about application\n\nBefore deciding an application under this part for renewal of a person’s accreditation, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.433-ssec.1) Before deciding an application under this part for renewal of a person’s accreditation, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.433-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.433-ssec.3) A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.433-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":575},{"sectionNumber":"sec.434","sectionType":"section","heading":"Failure to decide application","content":"### sec.434 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for renewal of the person’s accreditation; and\nthe chief executive has, under section 433 (1) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.434-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.434-ssec.2) Subsection (3) applies if— a person has made an application for renewal of the person’s accreditation; and the chief executive has, under section 433 (1) , required the applicant to give the chief executive further information or a document.\n(sec.434-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.434-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for renewal of the person’s accreditation; and\n- (b) the chief executive has, under section 433 (1) , required the applicant to give the chief executive further information or a document.","sortOrder":576},{"sectionNumber":"sec.435","sectionType":"section","heading":"Accreditation continues pending decision about renewal","content":"### sec.435 Accreditation continues pending decision about renewal\n\nIf an accredited certifier applies for renewal of an accreditation under this part, the accreditation is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\nHowever, if the chief executive decides to refuse to renew the accreditation, or is taken to refuse to renew the accreditation, the accreditation continues in force until the information notice for the decision is given to the applicant.\nSubsection (1) does not apply if the accreditation is earlier suspended or cancelled.\n(sec.435-ssec.1) If an accredited certifier applies for renewal of an accreditation under this part, the accreditation is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\n(sec.435-ssec.2) However, if the chief executive decides to refuse to renew the accreditation, or is taken to refuse to renew the accreditation, the accreditation continues in force until the information notice for the decision is given to the applicant.\n(sec.435-ssec.3) Subsection (1) does not apply if the accreditation is earlier suspended or cancelled.","sortOrder":577},{"sectionNumber":"ch.15-pt.5","sectionType":"part","heading":"Approved biosecurity accreditation schemes","content":"# Approved biosecurity accreditation schemes","sortOrder":578},{"sectionNumber":"ch.15-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":579},{"sectionNumber":"sec.435A","sectionType":"section","heading":"What is a biosecurity accreditation scheme","content":"### sec.435A What is a biosecurity accreditation scheme\n\nA biosecurity accreditation scheme is a scheme that provides for the following functions—\naccrediting persons to issue biosecurity certificates under the scheme, including—\nthe terms and conditions of accreditation; and\nauditing a person’s activities under an accreditation; and\nresponding to a person’s noncompliance with the person’s accreditation, including by suspending or cancelling the accreditation;\nreviewing decisions made, and resolving disputes, under the scheme;\ndeveloping, and seeking appropriate approval of, operational procedures to apply under the scheme.\ns 435A ins 2017 No. 7 s 105\n- (a) accrediting persons to issue biosecurity certificates under the scheme, including— (i) the terms and conditions of accreditation; and (ii) auditing a person’s activities under an accreditation; and (iii) responding to a person’s noncompliance with the person’s accreditation, including by suspending or cancelling the accreditation;\n- (i) the terms and conditions of accreditation; and\n- (ii) auditing a person’s activities under an accreditation; and\n- (iii) responding to a person’s noncompliance with the person’s accreditation, including by suspending or cancelling the accreditation;\n- (b) reviewing decisions made, and resolving disputes, under the scheme;\n- (c) developing, and seeking appropriate approval of, operational procedures to apply under the scheme.\n- (i) the terms and conditions of accreditation; and\n- (ii) auditing a person’s activities under an accreditation; and\n- (iii) responding to a person’s noncompliance with the person’s accreditation, including by suspending or cancelling the accreditation;","sortOrder":580},{"sectionNumber":"ch.15-pt.5-div.2","sectionType":"division","heading":"Application for approval","content":"## Application for approval","sortOrder":581},{"sectionNumber":"sec.435B","sectionType":"section","heading":"Applying for approval of biosecurity accreditation scheme","content":"### sec.435B Applying for approval of biosecurity accreditation scheme\n\nThe owner of a biosecurity accreditation scheme may apply to the chief executive for approval of the scheme.\nThe application must be accompanied by a document that sets out—\ngovernance and administration arrangements for the ownership, operation and management of the scheme; and\narrangements, procedures and controls for each of the functions of a biosecurity accreditation scheme mentioned in section 435A .\nSubsection (2) does not limit the information that may be required under the approved form for the application for approval.\ns 435B ins 2017 No. 7 s 105\n(sec.435B-ssec.1) The owner of a biosecurity accreditation scheme may apply to the chief executive for approval of the scheme.\n(sec.435B-ssec.2) The application must be accompanied by a document that sets out— governance and administration arrangements for the ownership, operation and management of the scheme; and arrangements, procedures and controls for each of the functions of a biosecurity accreditation scheme mentioned in section 435A .\n(sec.435B-ssec.3) Subsection (2) does not limit the information that may be required under the approved form for the application for approval.\n- (a) governance and administration arrangements for the ownership, operation and management of the scheme; and\n- (b) arrangements, procedures and controls for each of the functions of a biosecurity accreditation scheme mentioned in section 435A .","sortOrder":582},{"sectionNumber":"sec.435C","sectionType":"section","heading":"Criteria for approving a biosecurity accreditation scheme","content":"### sec.435C Criteria for approving a biosecurity accreditation scheme\n\nThe chief executive may approve a biosecurity accreditation scheme if the chief executive is satisfied the scheme has—\ngovernance and administration arrangements that appropriately provide for the ownership, operation and management of the scheme; and\narrangements, procedures and controls that provide a sound basis for the operation of a biosecurity accreditation scheme that provides for each of the functions mentioned in section 435A .\ns 435C ins 2017 No. 7 s 105\n- (a) governance and administration arrangements that appropriately provide for the ownership, operation and management of the scheme; and\n- (b) arrangements, procedures and controls that provide a sound basis for the operation of a biosecurity accreditation scheme that provides for each of the functions mentioned in section 435A .","sortOrder":583},{"sectionNumber":"ch.15-pt.5-div.3","sectionType":"division","heading":"Approval to operate approved biosecurity accreditation scheme","content":"## Approval to operate approved biosecurity accreditation scheme","sortOrder":584},{"sectionNumber":"sec.435D","sectionType":"section","heading":"Applying for approval to operate approved biosecurity accreditation scheme","content":"### sec.435D Applying for approval to operate approved biosecurity accreditation scheme\n\nA person may apply to the chief executive for approval to operate an approved biosecurity accreditation scheme.\nAn application for approval must—\nidentify the scheme; and\nidentify the places where the applicant proposes to implement and operate the scheme; and\ninclude details of the applicant’s proposed plan for operating the scheme; and\ninclude details of the applicant’s biosecurity accreditation system relevant to the scheme.\nSubsection (2) does not limit the information that may be required under the approved form for the application for approval.\ns 435D ins 2017 No. 7 s 105\n(sec.435D-ssec.1) A person may apply to the chief executive for approval to operate an approved biosecurity accreditation scheme.\n(sec.435D-ssec.2) An application for approval must— identify the scheme; and identify the places where the applicant proposes to implement and operate the scheme; and include details of the applicant’s proposed plan for operating the scheme; and include details of the applicant’s biosecurity accreditation system relevant to the scheme.\n(sec.435D-ssec.3) Subsection (2) does not limit the information that may be required under the approved form for the application for approval.\n- (a) identify the scheme; and\n- (b) identify the places where the applicant proposes to implement and operate the scheme; and\n- (c) include details of the applicant’s proposed plan for operating the scheme; and\n- (d) include details of the applicant’s biosecurity accreditation system relevant to the scheme.","sortOrder":585},{"sectionNumber":"sec.435E","sectionType":"section","heading":"Criteria for approving operator","content":"### sec.435E Criteria for approving operator\n\nThe chief executive may approve a person to operate an approved biosecurity accreditation scheme only if satisfied the person—\nhas the necessary expertise and experience to implement and operate the scheme; and\nis a suitable person to operate the scheme; and\ncan implement and operate the scheme effectively and comply with any proposed approval conditions.\nThe chief executive must—\nensure an audit is conducted of the applicant’s biosecurity accreditation system, or proposed biosecurity accreditation system, relevant to the application; and\nconsider the results of the audit when deciding whether to grant the approval.\ns 435E ins 2017 No. 7 s 105\n(sec.435E-ssec.1) The chief executive may approve a person to operate an approved biosecurity accreditation scheme only if satisfied the person— has the necessary expertise and experience to implement and operate the scheme; and is a suitable person to operate the scheme; and can implement and operate the scheme effectively and comply with any proposed approval conditions.\n(sec.435E-ssec.2) The chief executive must— ensure an audit is conducted of the applicant’s biosecurity accreditation system, or proposed biosecurity accreditation system, relevant to the application; and consider the results of the audit when deciding whether to grant the approval.\n- (a) has the necessary expertise and experience to implement and operate the scheme; and\n- (b) is a suitable person to operate the scheme; and\n- (c) can implement and operate the scheme effectively and comply with any proposed approval conditions.\n- (a) ensure an audit is conducted of the applicant’s biosecurity accreditation system, or proposed biosecurity accreditation system, relevant to the application; and\n- (b) consider the results of the audit when deciding whether to grant the approval.","sortOrder":586},{"sectionNumber":"sec.435F","sectionType":"section","heading":"Suitability of person for approval as operator","content":"### sec.435F Suitability of person for approval as operator\n\nWhen deciding whether the applicant is a suitable person to operate an approved biosecurity accreditation scheme, the chief executive may consider—\nwhether the applicant has been refused approval to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law; and\nwhether the applicant has been approved to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law, and whether that approval was suspended or cancelled; and\nwhether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law; and\nwhether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law, that was suspended or cancelled; and\nwhether any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction—\nthe applicant;\nif the applicant is a corporation—an executive officer of the corporation;\nif the applicant is an incorporated association—a member of the association’s management committee; and\nany other matter the chief executive considers relevant to the person’s suitability to operate the scheme.\ns 435F ins 2017 No. 7 s 105\n- (a) whether the applicant has been refused approval to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law; and\n- (b) whether the applicant has been approved to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law, and whether that approval was suspended or cancelled; and\n- (c) whether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law; and\n- (d) whether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law, that was suspended or cancelled; and\n- (e) whether any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction— (i) the applicant; (ii) if the applicant is a corporation—an executive officer of the corporation; (iii) if the applicant is an incorporated association—a member of the association’s management committee; and\n- (i) the applicant;\n- (ii) if the applicant is a corporation—an executive officer of the corporation;\n- (iii) if the applicant is an incorporated association—a member of the association’s management committee; and\n- (f) any other matter the chief executive considers relevant to the person’s suitability to operate the scheme.\n- (i) the applicant;\n- (ii) if the applicant is a corporation—an executive officer of the corporation;\n- (iii) if the applicant is an incorporated association—a member of the association’s management committee; and","sortOrder":587},{"sectionNumber":"sec.435G","sectionType":"section","heading":"Term of approval","content":"### sec.435G Term of approval\n\nUnless sooner suspended or cancelled, an approval to operate an approved biosecurity accreditation scheme remains in force for the period, of not more than 3 years, decided by the chief executive and stated in the approval.\ns 435G ins 2017 No. 7 s 105","sortOrder":588},{"sectionNumber":"sec.435H","sectionType":"section","heading":"Approval conditions","content":"### sec.435H Approval conditions\n\nThis section applies if the chief executive approves a person to operate an approved biosecurity accreditation scheme.\nThe approval is granted on the following conditions ( approval conditions )—\nthe approved operator must implement and comply with the approved biosecurity accreditation scheme;\nthe approved operator may only accredit, however described, a person under the scheme to give biosecurity certificates if the person has the necessary expertise or experience to perform the functions of an accredited certifier under the scheme;\nthe approved operator must have a compliance audit of the operator’s operation of the scheme at the intervals stated in the conditions;\nthe approved operator must keep a register of accredited certifiers under the scheme that contains the following particulars for each accredited certifier—\nthe accredited certifier’s name and contact details;\nthe conditions imposed on the accredited certifier’s accreditation;\nthe term of the accreditation.\nThe chief executive may grant the approval on other conditions (also approval conditions ).\nAnother condition may provide for any of the following—\nthe particular type of biosecurity certificate that may be given under the scheme;\nconditions on which a biosecurity certificate may be given under the scheme;\nother restrictions on the operation of the scheme;\nrecords required to be kept by the approved operator;\nproviding information to the chief executive as and when required by the chief executive;\nanother matter prescribed by regulation.\nSubsection (2) does not limit the conditions that may be imposed by the chief executive.\nThe chief executive may impose conditions when the approval is granted, amended or renewed.\ns 435H ins 2017 No. 7 s 105\n(sec.435H-ssec.1) This section applies if the chief executive approves a person to operate an approved biosecurity accreditation scheme.\n(sec.435H-ssec.2) The approval is granted on the following conditions ( approval conditions )— the approved operator must implement and comply with the approved biosecurity accreditation scheme; the approved operator may only accredit, however described, a person under the scheme to give biosecurity certificates if the person has the necessary expertise or experience to perform the functions of an accredited certifier under the scheme; the approved operator must have a compliance audit of the operator’s operation of the scheme at the intervals stated in the conditions; the approved operator must keep a register of accredited certifiers under the scheme that contains the following particulars for each accredited certifier— the accredited certifier’s name and contact details; the conditions imposed on the accredited certifier’s accreditation; the term of the accreditation.\n(sec.435H-ssec.3) The chief executive may grant the approval on other conditions (also approval conditions ).\n(sec.435H-ssec.4) Another condition may provide for any of the following— the particular type of biosecurity certificate that may be given under the scheme; conditions on which a biosecurity certificate may be given under the scheme; other restrictions on the operation of the scheme; records required to be kept by the approved operator; providing information to the chief executive as and when required by the chief executive; another matter prescribed by regulation.\n(sec.435H-ssec.5) Subsection (2) does not limit the conditions that may be imposed by the chief executive.\n(sec.435H-ssec.6) The chief executive may impose conditions when the approval is granted, amended or renewed.\n- (a) the approved operator must implement and comply with the approved biosecurity accreditation scheme;\n- (b) the approved operator may only accredit, however described, a person under the scheme to give biosecurity certificates if the person has the necessary expertise or experience to perform the functions of an accredited certifier under the scheme;\n- (c) the approved operator must have a compliance audit of the operator’s operation of the scheme at the intervals stated in the conditions;\n- (d) the approved operator must keep a register of accredited certifiers under the scheme that contains the following particulars for each accredited certifier— (i) the accredited certifier’s name and contact details; (ii) the conditions imposed on the accredited certifier’s accreditation; (iii) the term of the accreditation.\n- (i) the accredited certifier’s name and contact details;\n- (ii) the conditions imposed on the accredited certifier’s accreditation;\n- (iii) the term of the accreditation.\n- (i) the accredited certifier’s name and contact details;\n- (ii) the conditions imposed on the accredited certifier’s accreditation;\n- (iii) the term of the accreditation.\n- (a) the particular type of biosecurity certificate that may be given under the scheme;\n- (b) conditions on which a biosecurity certificate may be given under the scheme;\n- (c) other restrictions on the operation of the scheme;\n- (d) records required to be kept by the approved operator;\n- (e) providing information to the chief executive as and when required by the chief executive;\n- (f) another matter prescribed by regulation.","sortOrder":589},{"sectionNumber":"ch.15-pt.5-div.4","sectionType":"division","heading":"Renewal of approval to operate scheme","content":"## Renewal of approval to operate scheme","sortOrder":590},{"sectionNumber":"sec.435I","sectionType":"section","heading":"Applying for renewal","content":"### sec.435I Applying for renewal\n\nAn approved operator for an approved biosecurity accreditation scheme may apply to the chief executive for renewal of the person’s approval to operate the scheme.\nThe application must be made within 60 days before the term of the approval ends.\ns 435I ins 2017 No. 7 s 105\n(sec.435I-ssec.1) An approved operator for an approved biosecurity accreditation scheme may apply to the chief executive for renewal of the person’s approval to operate the scheme.\n(sec.435I-ssec.2) The application must be made within 60 days before the term of the approval ends.","sortOrder":591},{"sectionNumber":"sec.435J","sectionType":"section","heading":"Deciding renewal application","content":"### sec.435J Deciding renewal application\n\nWhen deciding the application, the chief executive may consider the matters the chief executive may consider when deciding whether an applicant for approval to operate an approved biosecurity accreditation scheme is a suitable person to operate the scheme.\nAn approval may be renewed by issuing another approval to replace it.\ns 435J ins 2017 No. 7 s 105\n(sec.435J-ssec.1) When deciding the application, the chief executive may consider the matters the chief executive may consider when deciding whether an applicant for approval to operate an approved biosecurity accreditation scheme is a suitable person to operate the scheme.\n(sec.435J-ssec.2) An approval may be renewed by issuing another approval to replace it.","sortOrder":592},{"sectionNumber":"sec.435K","sectionType":"section","heading":"Approval continues pending decision about renewal","content":"### sec.435K Approval continues pending decision about renewal\n\nThis section applies if an approved operator of an approved biosecurity accreditation scheme applies for renewal of the approval to operate the scheme.\nThe approval continues in force until—\nthe application is withdrawn or taken to have been withdrawn under division 5 ; or\nif the chief executive decides to approve the application for renewal—the application is decided; or\nif the chief executive decides to refuse the application for renewal, or is taken to refuse the application for renewal—the chief executive gives an information notice for the decision to the applicant.\nSubsection (2) does not apply if the approval is earlier suspended or cancelled.\ns 435K ins 2017 No. 7 s 105\namd 2020 No. 3 s 136 sch 1\n(sec.435K-ssec.1) This section applies if an approved operator of an approved biosecurity accreditation scheme applies for renewal of the approval to operate the scheme.\n(sec.435K-ssec.2) The approval continues in force until— the application is withdrawn or taken to have been withdrawn under division 5 ; or if the chief executive decides to approve the application for renewal—the application is decided; or if the chief executive decides to refuse the application for renewal, or is taken to refuse the application for renewal—the chief executive gives an information notice for the decision to the applicant.\n(sec.435K-ssec.3) Subsection (2) does not apply if the approval is earlier suspended or cancelled.\n- (a) the application is withdrawn or taken to have been withdrawn under division 5 ; or\n- (b) if the chief executive decides to approve the application for renewal—the application is decided; or\n- (c) if the chief executive decides to refuse the application for renewal, or is taken to refuse the application for renewal—the chief executive gives an information notice for the decision to the applicant.","sortOrder":593},{"sectionNumber":"ch.15-pt.5-div.5","sectionType":"division","heading":"General provisions for applications","content":"## General provisions for applications","sortOrder":594},{"sectionNumber":"sec.435L","sectionType":"section","heading":"Application of division","content":"### sec.435L Application of division\n\nThis division applies for making and deciding applications under this part.\ns 435L ins 2017 No. 7 s 105","sortOrder":595},{"sectionNumber":"sec.435M","sectionType":"section","heading":"Form of application","content":"### sec.435M Form of application\n\nAn application must be made in the approved form.\nThe following applications for approval may be combined—\nan application for approval of a biosecurity accreditation scheme;\nan application by the owner of the scheme to be an approved operator of the scheme.\nIf any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission—\nthe applicant;\nfor an applicant that is a corporation—an executive officer of the corporation;\nfor an applicant that is an incorporated association—a member of the association’s management committee.\nSubsection (3) does not limit the information that may be required under the approved form.\ns 435M ins 2017 No. 7 s 105\n(sec.435M-ssec.1) An application must be made in the approved form.\n(sec.435M-ssec.2) The following applications for approval may be combined— an application for approval of a biosecurity accreditation scheme; an application by the owner of the scheme to be an approved operator of the scheme.\n(sec.435M-ssec.3) If any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission— the applicant; for an applicant that is a corporation—an executive officer of the corporation; for an applicant that is an incorporated association—a member of the association’s management committee.\n(sec.435M-ssec.4) Subsection (3) does not limit the information that may be required under the approved form.\n- (a) an application for approval of a biosecurity accreditation scheme;\n- (b) an application by the owner of the scheme to be an approved operator of the scheme.\n- (a) the applicant;\n- (b) for an applicant that is a corporation—an executive officer of the corporation;\n- (c) for an applicant that is an incorporated association—a member of the association’s management committee.","sortOrder":596},{"sectionNumber":"sec.435N","sectionType":"section","heading":"Giving false or misleading information","content":"### sec.435N Giving false or misleading information\n\nA person who applies to the chief executive under this division must not give the chief executive information for the application that the person knows or ought reasonably to know is false or misleading in a material particular, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 435N ins 2017 No. 7 s 105","sortOrder":597},{"sectionNumber":"sec.435O","sectionType":"section","heading":"Consideration of application","content":"### sec.435O Consideration of application\n\nThe chief executive must consider the application and decide to—\napprove the application; or\napprove the application on conditions; or\nrefuse to approve the application.\ns 435O ins 2017 No. 7 s 105\n- (a) approve the application; or\n- (b) approve the application on conditions; or\n- (c) refuse to approve the application.","sortOrder":598},{"sectionNumber":"sec.435P","sectionType":"section","heading":"Inquiry about application","content":"### sec.435P Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant under section 435E (1) (b) ; and\nmay, by a notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\ns 435P ins 2017 No. 7 s 105\n(sec.435P-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant under section 435E (1) (b) ; and may, by a notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.435P-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.435P-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.435P-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant under section 435E (1) (b) ; and\n- (b) may, by a notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":599},{"sectionNumber":"sec.435Q","sectionType":"section","heading":"Decision on application","content":"### sec.435Q Decision on application\n\nIf the chief executive decides to approve the application, the chief executive must give an approval to the applicant.\nIf the chief executive decides to refuse the application, or to impose conditions on the person’s approval, the chief executive must as soon as practicable give the applicant an information notice for the decision.\ns 435Q ins 2017 No. 7 s 105\n(sec.435Q-ssec.1) If the chief executive decides to approve the application, the chief executive must give an approval to the applicant.\n(sec.435Q-ssec.2) If the chief executive decides to refuse the application, or to impose conditions on the person’s approval, the chief executive must as soon as practicable give the applicant an information notice for the decision.","sortOrder":600},{"sectionNumber":"sec.435R","sectionType":"section","heading":"Form of approval","content":"### sec.435R Form of approval\n\nAn approval may be given in a way the chief executive considers appropriate.\nThe chief executive may give an approval to operate an approved biosecurity accreditation scheme in the form of a certificate, or an agreement or arrangement with the approved operator.\ns 435R ins 2017 No. 7 s 105","sortOrder":601},{"sectionNumber":"sec.435S","sectionType":"section","heading":"Failure to decide application","content":"### sec.435S Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application under this part; and\nthe chief executive has, under section 435P (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the approval if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\ns 435S ins 2017 No. 7 s 105\n(sec.435S-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.435S-ssec.2) Subsection (3) applies if— a person has made an application under this part; and the chief executive has, under section 435P (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.435S-ssec.3) The chief executive is taken to have refused to grant the approval if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.435S-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application under this part; and\n- (b) the chief executive has, under section 435P (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":602},{"sectionNumber":"ch.15-pt.5-div.6","sectionType":"division","heading":"Register","content":"## Register","sortOrder":603},{"sectionNumber":"sec.435T","sectionType":"section","heading":"Register","content":"### sec.435T Register\n\nThe chief executive must keep a register of approved biosecurity accreditation schemes.\nThe register must contain the following particulars for each approved biosecurity accreditation scheme—\nthe name of the scheme;\nthe day the scheme was approved;\nthe name and contact details of the owner of the scheme;\nfor each approved operator of the scheme—\nthe name and contact details of the approved operator; and\nthe term of the approved operator’s approval; and\nthe approval conditions of the approved operator’s approval.\nThe register may be kept in the form, including electronic form, the chief executive considers appropriate.\nThe chief executive may publish the register, or part of the register, on the department’s website.\ns 435T ins 2017 No. 7 s 105\n(sec.435T-ssec.1) The chief executive must keep a register of approved biosecurity accreditation schemes.\n(sec.435T-ssec.2) The register must contain the following particulars for each approved biosecurity accreditation scheme— the name of the scheme; the day the scheme was approved; the name and contact details of the owner of the scheme; for each approved operator of the scheme— the name and contact details of the approved operator; and the term of the approved operator’s approval; and the approval conditions of the approved operator’s approval.\n(sec.435T-ssec.3) The register may be kept in the form, including electronic form, the chief executive considers appropriate.\n(sec.435T-ssec.4) The chief executive may publish the register, or part of the register, on the department’s website.\n- (a) the name of the scheme;\n- (b) the day the scheme was approved;\n- (c) the name and contact details of the owner of the scheme;\n- (d) for each approved operator of the scheme— (i) the name and contact details of the approved operator; and (ii) the term of the approved operator’s approval; and (iii) the approval conditions of the approved operator’s approval.\n- (i) the name and contact details of the approved operator; and\n- (ii) the term of the approved operator’s approval; and\n- (iii) the approval conditions of the approved operator’s approval.\n- (i) the name and contact details of the approved operator; and\n- (ii) the term of the approved operator’s approval; and\n- (iii) the approval conditions of the approved operator’s approval.","sortOrder":604},{"sectionNumber":"ch.15-pt.6","sectionType":"part","heading":"Offences about accreditation","content":"# Offences about accreditation","sortOrder":605},{"sectionNumber":"sec.436","sectionType":"section","heading":"Contravention of accreditation conditions","content":"### sec.436 Contravention of accreditation conditions\n\nAn accredited certifier must not contravene an accreditation condition unless the accredited certifier has a reasonable excuse.\nMaximum penalty—200 penalty units.","sortOrder":606},{"sectionNumber":"sec.436A","sectionType":"section","heading":"Contravention of approval conditions","content":"### sec.436A Contravention of approval conditions\n\nAn approved operator of an approved biosecurity accreditation scheme must not contravene an approval condition unless the approved operator has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 436A ins 2017 No. 7 s 106","sortOrder":607},{"sectionNumber":"sec.437","sectionType":"section","heading":"Offences about certification","content":"### sec.437 Offences about certification\n\nA person who is not an accredited certifier, or a person who is acting other than under the direction of an accredited certifier, must not give for biosecurity matter or another thing anything that purports to be a biosecurity certificate.\nMaximum penalty—1,000 penalty units.\nA person must not make a statement or other representation about biosecurity matter or another thing that is likely to cause someone reasonably to believe that an acceptable biosecurity certificate has been given for the biosecurity matter or thing if—\nan acceptable biosecurity certificate has not been given for the biosecurity matter or thing; and\nthe representation is made—\nfor the sale or movement of the biosecurity matter or thing; or\nto an authorised officer.\nMaximum penalty—1,000 penalty units.\n(sec.437-ssec.1) A person who is not an accredited certifier, or a person who is acting other than under the direction of an accredited certifier, must not give for biosecurity matter or another thing anything that purports to be a biosecurity certificate. Maximum penalty—1,000 penalty units.\n(sec.437-ssec.2) A person must not make a statement or other representation about biosecurity matter or another thing that is likely to cause someone reasonably to believe that an acceptable biosecurity certificate has been given for the biosecurity matter or thing if— an acceptable biosecurity certificate has not been given for the biosecurity matter or thing; and the representation is made— for the sale or movement of the biosecurity matter or thing; or to an authorised officer. Maximum penalty—1,000 penalty units.\n- (a) an acceptable biosecurity certificate has not been given for the biosecurity matter or thing; and\n- (b) the representation is made— (i) for the sale or movement of the biosecurity matter or thing; or (ii) to an authorised officer.\n- (i) for the sale or movement of the biosecurity matter or thing; or\n- (ii) to an authorised officer.\n- (i) for the sale or movement of the biosecurity matter or thing; or\n- (ii) to an authorised officer.","sortOrder":608},{"sectionNumber":"sec.438","sectionType":"section","heading":"Unauthorised alteration of biosecurity certificate","content":"### sec.438 Unauthorised alteration of biosecurity certificate\n\nA person (the relevant person ) must not alter, or allow another person to alter, a biosecurity certificate unless—\nthe alteration is made under the written authorisation of the accredited certifier who gave the certificate; or\nall of the following apply—\nthe biosecurity certificate relates to the consignment of animals or other biosecurity matter from 1 place to another;\nthe alteration is for the purposes of the splitting of the consignment into 2 or more separate consignments;\nthe relevant person is the holder of an accreditation that allows for the relevant person to split consignments of the type the subject of the biosecurity certificate.\nMaximum penalty—200 penalty units.\n- (a) the alteration is made under the written authorisation of the accredited certifier who gave the certificate; or\n- (b) all of the following apply— (i) the biosecurity certificate relates to the consignment of animals or other biosecurity matter from 1 place to another; (ii) the alteration is for the purposes of the splitting of the consignment into 2 or more separate consignments; (iii) the relevant person is the holder of an accreditation that allows for the relevant person to split consignments of the type the subject of the biosecurity certificate.\n- (i) the biosecurity certificate relates to the consignment of animals or other biosecurity matter from 1 place to another;\n- (ii) the alteration is for the purposes of the splitting of the consignment into 2 or more separate consignments;\n- (iii) the relevant person is the holder of an accreditation that allows for the relevant person to split consignments of the type the subject of the biosecurity certificate.\n- (i) the biosecurity certificate relates to the consignment of animals or other biosecurity matter from 1 place to another;\n- (ii) the alteration is for the purposes of the splitting of the consignment into 2 or more separate consignments;\n- (iii) the relevant person is the holder of an accreditation that allows for the relevant person to split consignments of the type the subject of the biosecurity certificate.","sortOrder":609},{"sectionNumber":"sec.439","sectionType":"section","heading":"Giving accredited certifier false or misleading information","content":"### sec.439 Giving accredited certifier false or misleading information\n\nA person must not, in relation to the administration of this Act, give an accredited certifier information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.439-ssec.1) A person must not, in relation to the administration of this Act, give an accredited certifier information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.\n(sec.439-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":610},{"sectionNumber":"sec.440","sectionType":"section","heading":"Impersonating accredited certifier","content":"### sec.440 Impersonating accredited certifier\n\nA person must not impersonate an accredited certifier.\nMaximum penalty—100 penalty units.","sortOrder":611},{"sectionNumber":"ch.15-pt.7","sectionType":"part","heading":"Keeping of accreditation related records","content":"# Keeping of accreditation related records","sortOrder":612},{"sectionNumber":"sec.441","sectionType":"section","heading":"Keeping of biosecurity certificate by accredited certifier or receiver          ","content":"### sec.441 Keeping of biosecurity certificate by accredited certifier or receiver          \n\nAn accredited certifier who creates a biosecurity certificate for use by the accredited certifier or another person must keep a copy of the certificate, together with a record of the details of the use of the certificate as prescribed under a regulation, for the required period for the certificate.\nMaximum penalty—200 penalty units.\nDuring the required period for a biosecurity certificate, the accredited certifier who created the certificate must, if asked by an authorised officer or a relevant auditor to produce the copy of the certificate for inspection, produce the copy for the authorised officer’s or relevant auditor’s inspection, unless the accredited certifier has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsections (4) and (5) apply to a person (the receiver ) who receives an acceptable biosecurity certificate for use by the receiver.\nThe receiver must, during the required period for the certificate, keep the certificate under the receiver’s control.\nMaximum penalty—200 penalty units.\nDuring the required period for the certificate, the receiver must, if asked by an authorised officer to produce the certificate for inspection, produce the certificate for the authorised officer’s inspection, unless the receiver has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\nrelevant auditor , in relation to the production of a biosecurity certificate, means an auditor who is conducting an audit that is authorised under this Act and to which the certificate is relevant.\nrequired period , for a certificate mentioned in this section, means—\nif the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods—\nthe period of 1 year starting when the certificate is created;\nthe period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or\notherwise—the period of 5 years starting when the certificate is created.\n(sec.441-ssec.1) An accredited certifier who creates a biosecurity certificate for use by the accredited certifier or another person must keep a copy of the certificate, together with a record of the details of the use of the certificate as prescribed under a regulation, for the required period for the certificate. Maximum penalty—200 penalty units.\n(sec.441-ssec.2) During the required period for a biosecurity certificate, the accredited certifier who created the certificate must, if asked by an authorised officer or a relevant auditor to produce the copy of the certificate for inspection, produce the copy for the authorised officer’s or relevant auditor’s inspection, unless the accredited certifier has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.441-ssec.3) Subsections (4) and (5) apply to a person (the receiver ) who receives an acceptable biosecurity certificate for use by the receiver.\n(sec.441-ssec.4) The receiver must, during the required period for the certificate, keep the certificate under the receiver’s control. Maximum penalty—200 penalty units.\n(sec.441-ssec.5) During the required period for the certificate, the receiver must, if asked by an authorised officer to produce the certificate for inspection, produce the certificate for the authorised officer’s inspection, unless the receiver has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.441-ssec.6) In this section— relevant auditor , in relation to the production of a biosecurity certificate, means an auditor who is conducting an audit that is authorised under this Act and to which the certificate is relevant. required period , for a certificate mentioned in this section, means— if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods— the period of 1 year starting when the certificate is created; the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or otherwise—the period of 5 years starting when the certificate is created.\n- (a) if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods— (i) the period of 1 year starting when the certificate is created; (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or\n- (i) the period of 1 year starting when the certificate is created;\n- (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or\n- (b) otherwise—the period of 5 years starting when the certificate is created.\n- (i) the period of 1 year starting when the certificate is created;\n- (ii) the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or","sortOrder":613},{"sectionNumber":"ch.16-pt.1","sectionType":"part","heading":"Auditors","content":"# Auditors","sortOrder":614},{"sectionNumber":"ch.16-pt.1-div.1","sectionType":"division","heading":"Functions and approval of auditors","content":"## Functions and approval of auditors","sortOrder":615},{"sectionNumber":"sec.442","sectionType":"section","heading":"Auditor’s functions","content":"### sec.442 Auditor’s functions\n\nThe functions of an auditor are as follows—\nto advise the chief executive about the capacity of persons applying to enter into compliance agreements to comply with the agreements;\nto conduct audits of the businesses of the other parties to compliance agreements;\nto conduct audits of applicants’ ICA systems, or proposed ICA systems, relevant to applications for grants of accreditation under chapter 15 ;\nto conduct audits of accredited certifiers’ activities as accredited certifiers;\nto conduct audits of applicants’ biosecurity accreditation systems, relevant to applications for approval to operate approved biosecurity accreditation schemes under chapter 15 ;\nto conduct audits of approved operators’ operation of approved biosecurity accreditation schemes;\nto prepare, under sections 471 to 474 , reports of audits conducted by the auditor;\nto give the chief executive information requested by the chief executive about audits conducted by the auditor;\nany other function prescribed under a regulation about auditing in relation to compliance agreements or accreditation.\ns 442 amd 2017 No. 7 s 107\n- (a) to advise the chief executive about the capacity of persons applying to enter into compliance agreements to comply with the agreements;\n- (b) to conduct audits of the businesses of the other parties to compliance agreements;\n- (c) to conduct audits of applicants’ ICA systems, or proposed ICA systems, relevant to applications for grants of accreditation under chapter 15 ;\n- (d) to conduct audits of accredited certifiers’ activities as accredited certifiers;\n- (e) to conduct audits of applicants’ biosecurity accreditation systems, relevant to applications for approval to operate approved biosecurity accreditation schemes under chapter 15 ;\n- (f) to conduct audits of approved operators’ operation of approved biosecurity accreditation schemes;\n- (g) to prepare, under sections 471 to 474 , reports of audits conducted by the auditor;\n- (h) to give the chief executive information requested by the chief executive about audits conducted by the auditor;\n- (i) any other function prescribed under a regulation about auditing in relation to compliance agreements or accreditation.","sortOrder":616},{"sectionNumber":"sec.443","sectionType":"section","heading":"Application of subdivision limited to authorised officers appointed by chief executive","content":"### sec.443 Application of subdivision limited to authorised officers appointed by chief executive\n\nThis subdivision applies to an inspector only if the inspector was appointed by the chief executive under chapter 10 , part 1 , division 1 .\nThis subdivision applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10 , part 1 , division 2 .\n(sec.443-ssec.1) This subdivision applies to an inspector only if the inspector was appointed by the chief executive under chapter 10 , part 1 , division 1 .\n(sec.443-ssec.2) This subdivision applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10 , part 1 , division 2 .","sortOrder":617},{"sectionNumber":"sec.444","sectionType":"section","heading":"Approval of inspectors as auditors","content":"### sec.444 Approval of inspectors as auditors\n\nAn inspector is an auditor subject to any conditions, including limitations—\nincluded in the inspector’s instrument of appointment as an inspector; or\nas advised to the inspector from time to time by the chief executive.\n- (a) included in the inspector’s instrument of appointment as an inspector; or\n- (b) as advised to the inspector from time to time by the chief executive.","sortOrder":618},{"sectionNumber":"sec.445","sectionType":"section","heading":"Approval of authorised persons as auditors","content":"### sec.445 Approval of authorised persons as auditors\n\nAn authorised person is an auditor if—\nthe authorised person’s approval as an auditor is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and\nthe chief executive has not withdrawn the approval by advice given to the authorised person.\nAn authorised person’s approval as an auditor is subject to any conditions, including limitations—\nincluded in the authorised person’s instrument of appointment as an authorised person; or\nas advised to the authorised person from time to time by the chief executive.\n(sec.445-ssec.1) An authorised person is an auditor if— the authorised person’s approval as an auditor is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and the chief executive has not withdrawn the approval by advice given to the authorised person.\n(sec.445-ssec.2) An authorised person’s approval as an auditor is subject to any conditions, including limitations— included in the authorised person’s instrument of appointment as an authorised person; or as advised to the authorised person from time to time by the chief executive.\n- (a) the authorised person’s approval as an auditor is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and\n- (b) the chief executive has not withdrawn the approval by advice given to the authorised person.\n- (a) included in the authorised person’s instrument of appointment as an authorised person; or\n- (b) as advised to the authorised person from time to time by the chief executive.","sortOrder":619},{"sectionNumber":"sec.446","sectionType":"section","heading":"Application for approval as auditor","content":"### sec.446 Application for approval as auditor\n\nAn individual may apply to the chief executive for an approval as an auditor.\nThe application must comply with section 460 .\n(sec.446-ssec.1) An individual may apply to the chief executive for an approval as an auditor.\n(sec.446-ssec.2) The application must comply with section 460 .","sortOrder":620},{"sectionNumber":"sec.447","sectionType":"section","heading":"Consideration of application","content":"### sec.447 Consideration of application\n\nThe chief executive must consider the application and decide to grant, or refuse to grant, the application.","sortOrder":621},{"sectionNumber":"sec.448","sectionType":"section","heading":"Criteria for granting application","content":"### sec.448 Criteria for granting application\n\nThe chief executive may grant the application only if satisfied the applicant—\nhas the necessary expertise or experience to perform the functions of an auditor; and\nis a suitable person to be an auditor.\n- (a) has the necessary expertise or experience to perform the functions of an auditor; and\n- (b) is a suitable person to be an auditor.","sortOrder":622},{"sectionNumber":"sec.449","sectionType":"section","heading":"Inquiry about application","content":"### sec.449 Inquiry about application\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to be an auditor; and\nmay, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\nA notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n(sec.449-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to be an auditor; and may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.449-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.449-ssec.3) A notice under subsection (1) (b) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.449-ssec.4) The information or document under subsection (1) (b) must, if the notice requires, be verified by statutory declaration.\n- (a) may make inquiries to decide the suitability of the applicant to be an auditor; and\n- (b) may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":623},{"sectionNumber":"sec.450","sectionType":"section","heading":"Suitability of person to be an auditor","content":"### sec.450 Suitability of person to be an auditor\n\nIn deciding whether the applicant is a suitable person to be an auditor, the chief executive may have regard to—\nwhether the applicant has been refused an approval or other authority as an auditor under this Act or a corresponding law; or\nwhether the applicant held an approval or other authority as an auditor under this Act or a corresponding law that was suspended or cancelled; or\nanother matter the chief executive considers relevant to the person’s ability to perform the functions of an auditor.\n- (a) whether the applicant has been refused an approval or other authority as an auditor under this Act or a corresponding law; or\n- (b) whether the applicant held an approval or other authority as an auditor under this Act or a corresponding law that was suspended or cancelled; or\n- (c) another matter the chief executive considers relevant to the person’s ability to perform the functions of an auditor.","sortOrder":624},{"sectionNumber":"sec.451","sectionType":"section","heading":"Decision on application","content":"### sec.451 Decision on application\n\nIf the chief executive decides to grant the application, the chief executive must issue the approval to the applicant.\nIf the chief executive decides to refuse to grant the application, or to impose conditions on the approval under section 454 (1) (b) , the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.451-ssec.1) If the chief executive decides to grant the application, the chief executive must issue the approval to the applicant.\n(sec.451-ssec.2) If the chief executive decides to refuse to grant the application, or to impose conditions on the approval under section 454 (1) (b) , the chief executive must as soon as practicable give the applicant an information notice for the decision.","sortOrder":625},{"sectionNumber":"sec.452","sectionType":"section","heading":"Failure to decide application","content":"### sec.452 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for an approval; and\nthe chief executive has, under section 449 (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n(sec.452-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.452-ssec.2) Subsection (3) applies if— a person has made an application for an approval; and the chief executive has, under section 449 (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.452-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.452-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) a person has made an application for an approval; and\n- (b) the chief executive has, under section 449 (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":626},{"sectionNumber":"ch.16-pt.1-div.2","sectionType":"division","heading":"Term and conditions of approval","content":"## Term and conditions of approval","sortOrder":627},{"sectionNumber":"sec.453","sectionType":"section","heading":"Term of approval","content":"### sec.453 Term of approval\n\nAn approval remains in force, unless sooner cancelled or suspended, for the term of not more than 3 years decided by the chief executive and stated in the approval.","sortOrder":628},{"sectionNumber":"sec.454","sectionType":"section","heading":"Conditions of approval","content":"### sec.454 Conditions of approval\n\nAn auditor’s approval is subject to the following conditions—\nthe auditor must give the chief executive notice of any direct or indirect financial or other interest the auditor has in the following that could conflict with the proper performance of the auditor’s functions—\nthe business of the other party to a compliance agreement;\nthe business of an accredited certifier who participates in the ICA scheme;\nother reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (3) .\nA notice under subsection (1) (a) must be given to the chief executive immediately after the auditor becomes aware of the interest.\nA condition may be imposed under subsection (1) (b) —\nwhen the approval is issued or renewed; or\nat another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.\nIf the chief executive decides to impose conditions on the approval under subsection (3) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\n(sec.454-ssec.1) An auditor’s approval is subject to the following conditions— the auditor must give the chief executive notice of any direct or indirect financial or other interest the auditor has in the following that could conflict with the proper performance of the auditor’s functions— the business of the other party to a compliance agreement; the business of an accredited certifier who participates in the ICA scheme; other reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (3) .\n(sec.454-ssec.2) A notice under subsection (1) (a) must be given to the chief executive immediately after the auditor becomes aware of the interest.\n(sec.454-ssec.3) A condition may be imposed under subsection (1) (b) — when the approval is issued or renewed; or at another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.\n(sec.454-ssec.4) If the chief executive decides to impose conditions on the approval under subsection (3) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\n- (a) the auditor must give the chief executive notice of any direct or indirect financial or other interest the auditor has in the following that could conflict with the proper performance of the auditor’s functions— (i) the business of the other party to a compliance agreement; (ii) the business of an accredited certifier who participates in the ICA scheme;\n- (i) the business of the other party to a compliance agreement;\n- (ii) the business of an accredited certifier who participates in the ICA scheme;\n- (b) other reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (3) .\n- (i) the business of the other party to a compliance agreement;\n- (ii) the business of an accredited certifier who participates in the ICA scheme;\n- (a) when the approval is issued or renewed; or\n- (b) at another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.","sortOrder":629},{"sectionNumber":"sec.455","sectionType":"section","heading":"Auditor to comply with conditions of approval","content":"### sec.455 Auditor to comply with conditions of approval\n\nAn auditor must not contravene a condition of the auditor’s approval unless the auditor has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe penalty under subsection (1) may be imposed whether or not the approval is suspended or cancelled because of the contravention.\n(sec.455-ssec.1) An auditor must not contravene a condition of the auditor’s approval unless the auditor has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.455-ssec.2) The penalty under subsection (1) may be imposed whether or not the approval is suspended or cancelled because of the contravention.","sortOrder":630},{"sectionNumber":"ch.16-pt.1-div.3","sectionType":"division","heading":"Renewal of approvals","content":"## Renewal of approvals","sortOrder":631},{"sectionNumber":"sec.456","sectionType":"section","heading":"Application for renewal","content":"### sec.456 Application for renewal\n\nAn auditor may apply to the chief executive for renewal of the auditor’s approval.\nThe application must—\nbe made within 60 days before the term of the approval ends; and\ncomply with section 460 .\nThe chief executive must consider the application and decide to renew, or refuse to renew, the approval.\nIn deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an approval is a suitable person to be an auditor.\nIf the chief executive decides to refuse to renew the approval, or to impose conditions on the approval under section 454 (1) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\nAn approval may be renewed by issuing another approval to replace it.\n(sec.456-ssec.1) An auditor may apply to the chief executive for renewal of the auditor’s approval.\n(sec.456-ssec.2) The application must— be made within 60 days before the term of the approval ends; and comply with section 460 .\n(sec.456-ssec.3) The chief executive must consider the application and decide to renew, or refuse to renew, the approval.\n(sec.456-ssec.4) In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an approval is a suitable person to be an auditor.\n(sec.456-ssec.5) If the chief executive decides to refuse to renew the approval, or to impose conditions on the approval under section 454 (1) (b) , the chief executive must as soon as practicable give the auditor an information notice for the decision.\n(sec.456-ssec.6) An approval may be renewed by issuing another approval to replace it.\n- (a) be made within 60 days before the term of the approval ends; and\n- (b) comply with section 460 .","sortOrder":632},{"sectionNumber":"sec.457","sectionType":"section","heading":"Inquiry about application","content":"### sec.457 Inquiry about application\n\nBefore deciding an application under section 456 , the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.457-ssec.1) Before deciding an application under section 456 , the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.457-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.457-ssec.3) A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.457-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":633},{"sectionNumber":"sec.458","sectionType":"section","heading":"Failure to decide application","content":"### sec.458 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\nSubsection (3) applies if—\nan auditor has made an application for renewal of the auditor’s approval; and\nthe chief executive has, under section 457 (1) , required the auditor to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\nIf the application is taken to be refused under this section, the auditor is entitled to be given an information notice by the chief executive for the decision.\n(sec.458-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.\n(sec.458-ssec.2) Subsection (3) applies if— an auditor has made an application for renewal of the auditor’s approval; and the chief executive has, under section 457 (1) , required the auditor to give the chief executive further information or a document.\n(sec.458-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.\n(sec.458-ssec.4) If the application is taken to be refused under this section, the auditor is entitled to be given an information notice by the chief executive for the decision.\n- (a) an auditor has made an application for renewal of the auditor’s approval; and\n- (b) the chief executive has, under section 457 (1) , required the auditor to give the chief executive further information or a document.","sortOrder":634},{"sectionNumber":"sec.459","sectionType":"section","heading":"Approval continues pending decision about renewal","content":"### sec.459 Approval continues pending decision about renewal\n\nIf an auditor applies for renewal of an approval under section 456 , the approval is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\nHowever, if the chief executive decides to refuse to renew the approval, or is taken to refuse to renew the approval, the approval continues in force until the information notice for the decision is given to the applicant.\nSubsection (1) does not apply if the approval is earlier suspended or cancelled.\n(sec.459-ssec.1) If an auditor applies for renewal of an approval under section 456 , the approval is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.\n(sec.459-ssec.2) However, if the chief executive decides to refuse to renew the approval, or is taken to refuse to renew the approval, the approval continues in force until the information notice for the decision is given to the applicant.\n(sec.459-ssec.3) Subsection (1) does not apply if the approval is earlier suspended or cancelled.","sortOrder":635},{"sectionNumber":"ch.16-pt.1-div.4","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":636},{"sectionNumber":"sec.460","sectionType":"section","heading":"Applications—general","content":"### sec.460 Applications—general\n\nThis section applies to an application for—\nan approval as an auditor under section 446 ; or\nrenewal of an approval under section 456 .\nThe application must—\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\nThe approved form of an application mentioned in subsection (1) (a) must make provision for stating details of the applicant’s direct or indirect financial or other interests, if any, in the following that could conflict with the proper performance of an auditor’s functions—\nthe business of the other party to a compliance agreement;\nthe business of an accredited certifier who participates in the ICA scheme.\n(sec.460-ssec.1) This section applies to an application for— an approval as an auditor under section 446 ; or renewal of an approval under section 456 .\n(sec.460-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed under a regulation.\n(sec.460-ssec.3) The approved form of an application mentioned in subsection (1) (a) must make provision for stating details of the applicant’s direct or indirect financial or other interests, if any, in the following that could conflict with the proper performance of an auditor’s functions— the business of the other party to a compliance agreement; the business of an accredited certifier who participates in the ICA scheme.\n- (a) an approval as an auditor under section 446 ; or\n- (b) renewal of an approval under section 456 .\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation.\n- (a) the business of the other party to a compliance agreement;\n- (b) the business of an accredited certifier who participates in the ICA scheme.","sortOrder":637},{"sectionNumber":"sec.461","sectionType":"section","heading":"Form of approval","content":"### sec.461 Form of approval\n\nAn approval must—\nbe in the approved form; and\nstate the following particulars—\nthe auditor’s name and contact details;\nthe conditions of the approval imposed under section 454 (1) (b) ;\nthe term of the approval.\n- (a) be in the approved form; and\n- (b) state the following particulars— (i) the auditor’s name and contact details; (ii) the conditions of the approval imposed under section 454 (1) (b) ; (iii) the term of the approval.\n- (i) the auditor’s name and contact details;\n- (ii) the conditions of the approval imposed under section 454 (1) (b) ;\n- (iii) the term of the approval.\n- (i) the auditor’s name and contact details;\n- (ii) the conditions of the approval imposed under section 454 (1) (b) ;\n- (iii) the term of the approval.","sortOrder":638},{"sectionNumber":"sec.462","sectionType":"section","heading":"Register","content":"### sec.462 Register\n\nThe chief executive must keep a register of auditors.\nThe register must contain the following particulars for each auditor—\nthe auditor’s name and contact details;\nthe conditions of the approval imposed under section 454 (1) (b) ;\nthe term of the approval.\nThe register may be kept in the form, including electronic form, the chief executive considers appropriate.\nThe chief executive must publish the register on the department’s website.\n(sec.462-ssec.1) The chief executive must keep a register of auditors.\n(sec.462-ssec.2) The register must contain the following particulars for each auditor— the auditor’s name and contact details; the conditions of the approval imposed under section 454 (1) (b) ; the term of the approval.\n(sec.462-ssec.3) The register may be kept in the form, including electronic form, the chief executive considers appropriate.\n(sec.462-ssec.4) The chief executive must publish the register on the department’s website.\n- (a) the auditor’s name and contact details;\n- (b) the conditions of the approval imposed under section 454 (1) (b) ;\n- (c) the term of the approval.","sortOrder":639},{"sectionNumber":"ch.16-pt.2","sectionType":"part","heading":"Auditing","content":"# Auditing","sortOrder":640},{"sectionNumber":"ch.16-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":641},{"sectionNumber":"sec.463","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.463 Purpose of pt 2\n\nThe purpose of this part is to provide for—\nauditing of compliance agreements and accreditations; and\nmonitoring the conduct of audits of compliance agreements and accreditations; and\nreporting the results of audits.\n- (a) auditing of compliance agreements and accreditations; and\n- (b) monitoring the conduct of audits of compliance agreements and accreditations; and\n- (c) reporting the results of audits.","sortOrder":642},{"sectionNumber":"ch.16-pt.2-div.2","sectionType":"division","heading":"Auditing for compliance agreements","content":"## Auditing for compliance agreements","sortOrder":643},{"sectionNumber":"sec.464","sectionType":"section","heading":"Audit of applicant’s business for entering into compliance agreement          ","content":"### sec.464 Audit of applicant’s business for entering into compliance agreement          \n\nThis section applies to a person applying to enter into a compliance agreement.\nThe chief executive must audit the applicant’s business to ensure that—\nthe applicant has implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; and\nthe applicant can comply with the requirements of the compliance agreement.\n(sec.464-ssec.1) This section applies to a person applying to enter into a compliance agreement.\n(sec.464-ssec.2) The chief executive must audit the applicant’s business to ensure that— the applicant has implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; and the applicant can comply with the requirements of the compliance agreement.\n- (a) the applicant has implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; and\n- (b) the applicant can comply with the requirements of the compliance agreement.","sortOrder":644},{"sectionNumber":"sec.465","sectionType":"section","heading":"Compliance audits","content":"### sec.465 Compliance audits\n\nThe other party to a compliance agreement must, unless the other party has a reasonable excuse, have a compliance audit of the other party’s business conducted—\neither—\nwithin 6 months after the other party enters into the compliance agreement; and\nafter the first compliance audit mentioned in paragraph (a) (i) , at intervals of no more than 6 months; or\nat the intervals stated in the compliance agreement.\nMaximum penalty—100 penalty units.\nThe chief executive may, in writing, require the other party to a compliance agreement to have an additional compliance audit of the other party’s business conducted within a stated reasonable period after a compliance audit if a noncompliance with the compliance agreement was identified at the compliance audit.\nThe other party to the compliance agreement must comply with the requirement under subsection (2) unless the other party has a reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.465-ssec.1) The other party to a compliance agreement must, unless the other party has a reasonable excuse, have a compliance audit of the other party’s business conducted— either— within 6 months after the other party enters into the compliance agreement; and after the first compliance audit mentioned in paragraph (a) (i) , at intervals of no more than 6 months; or at the intervals stated in the compliance agreement. Maximum penalty—100 penalty units.\n(sec.465-ssec.2) The chief executive may, in writing, require the other party to a compliance agreement to have an additional compliance audit of the other party’s business conducted within a stated reasonable period after a compliance audit if a noncompliance with the compliance agreement was identified at the compliance audit.\n(sec.465-ssec.3) The other party to the compliance agreement must comply with the requirement under subsection (2) unless the other party has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) either— (i) within 6 months after the other party enters into the compliance agreement; and (ii) after the first compliance audit mentioned in paragraph (a) (i) , at intervals of no more than 6 months; or\n- (i) within 6 months after the other party enters into the compliance agreement; and\n- (ii) after the first compliance audit mentioned in paragraph (a) (i) , at intervals of no more than 6 months; or\n- (b) at the intervals stated in the compliance agreement.\n- (i) within 6 months after the other party enters into the compliance agreement; and\n- (ii) after the first compliance audit mentioned in paragraph (a) (i) , at intervals of no more than 6 months; or","sortOrder":645},{"sectionNumber":"sec.466","sectionType":"section","heading":"Check audit","content":"### sec.466 Check audit\n\nThe chief executive may decide to conduct a check audit of the business of the other party to a compliance agreement if the chief executive considers it appropriate to conduct the audit.","sortOrder":646},{"sectionNumber":"sec.467","sectionType":"section","heading":"Nonconformance audit","content":"### sec.467 Nonconformance audit\n\nThis section applies if—\nthe chief executive receives under section 472 , in a period of 1 year, at least 3 audit reports in relation to audits of the business of the other party to a compliance agreement; and\neach report shows the other party has not remedied a particular noncompliance in relation to the business.\nThe chief executive may decide to conduct a nonconformance audit of the business if the chief executive considers it appropriate to conduct the audit.\nThe nonconformance audit may be conducted by an auditor—\nwho is an employee of the department; or\ndecided by the chief executive.\nThe chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the other party to the State.\n(sec.467-ssec.1) This section applies if— the chief executive receives under section 472 , in a period of 1 year, at least 3 audit reports in relation to audits of the business of the other party to a compliance agreement; and each report shows the other party has not remedied a particular noncompliance in relation to the business.\n(sec.467-ssec.2) The chief executive may decide to conduct a nonconformance audit of the business if the chief executive considers it appropriate to conduct the audit.\n(sec.467-ssec.3) The nonconformance audit may be conducted by an auditor— who is an employee of the department; or decided by the chief executive.\n(sec.467-ssec.4) The chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the other party to the State.\n- (a) the chief executive receives under section 472 , in a period of 1 year, at least 3 audit reports in relation to audits of the business of the other party to a compliance agreement; and\n- (b) each report shows the other party has not remedied a particular noncompliance in relation to the business.\n- (a) who is an employee of the department; or\n- (b) decided by the chief executive.","sortOrder":647},{"sectionNumber":"ch.16-pt.2-div.3","sectionType":"division","heading":"Auditing for accreditation","content":"## Auditing for accreditation","sortOrder":648},{"sectionNumber":"sec.468","sectionType":"section","heading":"Additional compliance audits","content":"### sec.468 Additional compliance audits\n\nThis section applies if—\na compliance audit of an accredited certifier’s activities as an accredited certifier is conducted under an accreditation condition or a requirement under subsection (2) ; and\nthe compliance audit identified a noncompliance, or more than 1 noncompliance, with the accredited certifier’s accreditation.\nIt is an offence for an accredited certifier to contravene an accreditation condition unless the accredited certifier has a reasonable excuse. See section 436 .\nThe chief executive may, in writing, require—\nfor each noncompliance with the accreditation identified by the compliance audit—the accredited certifier to have an additional compliance audit conducted of the accredited certifier’s activities related to the noncompliance; and\nthe additional compliance audit to be conducted within a stated reasonable period.\nAn additional compliance audit of the accredited certifier’s activities required under subsection (2) may relate to more than 1 noncompliance with the certification.\nThe accredited certifier must comply with a requirement under subsection (2) unless the accredited certifier has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 468 sub 2016 No. 28 s 65\n(sec.468-ssec.1) This section applies if— a compliance audit of an accredited certifier’s activities as an accredited certifier is conducted under an accreditation condition or a requirement under subsection (2) ; and the compliance audit identified a noncompliance, or more than 1 noncompliance, with the accredited certifier’s accreditation. It is an offence for an accredited certifier to contravene an accreditation condition unless the accredited certifier has a reasonable excuse. See section 436 .\n(sec.468-ssec.2) The chief executive may, in writing, require— for each noncompliance with the accreditation identified by the compliance audit—the accredited certifier to have an additional compliance audit conducted of the accredited certifier’s activities related to the noncompliance; and the additional compliance audit to be conducted within a stated reasonable period.\n(sec.468-ssec.3) An additional compliance audit of the accredited certifier’s activities required under subsection (2) may relate to more than 1 noncompliance with the certification.\n(sec.468-ssec.4) The accredited certifier must comply with a requirement under subsection (2) unless the accredited certifier has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) a compliance audit of an accredited certifier’s activities as an accredited certifier is conducted under an accreditation condition or a requirement under subsection (2) ; and\n- (b) the compliance audit identified a noncompliance, or more than 1 noncompliance, with the accredited certifier’s accreditation.\n- (a) for each noncompliance with the accreditation identified by the compliance audit—the accredited certifier to have an additional compliance audit conducted of the accredited certifier’s activities related to the noncompliance; and\n- (b) the additional compliance audit to be conducted within a stated reasonable period.","sortOrder":649},{"sectionNumber":"sec.469","sectionType":"section","heading":"Check audit","content":"### sec.469 Check audit\n\nThe chief executive may decide to conduct a check audit of the accredited certifier’s activities as an accredited certifier if the chief executive considers it appropriate to conduct the audit.","sortOrder":650},{"sectionNumber":"sec.470","sectionType":"section","heading":"Nonconformance audit","content":"### sec.470 Nonconformance audit\n\nThis section applies if—\nthe chief executive receives under section 474 , in a period of 1 year, at least 3 audit reports in relation to audits of an accredited certifier’s activities as an accredited certifier; and\neach report shows the accredited certifier has not remedied a particular noncompliance in relation to the accredited certifier’s activities.\nThe chief executive may decide to conduct a nonconformance audit of the accredited certifier’s activities if the chief executive considers it appropriate to conduct the audit.\nThe nonconformance audit may be conducted by an auditor—\nwho is an employee of the department; or\ndecided by the chief executive.\nThe chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the accredited certifier to the State.\n(sec.470-ssec.1) This section applies if— the chief executive receives under section 474 , in a period of 1 year, at least 3 audit reports in relation to audits of an accredited certifier’s activities as an accredited certifier; and each report shows the accredited certifier has not remedied a particular noncompliance in relation to the accredited certifier’s activities.\n(sec.470-ssec.2) The chief executive may decide to conduct a nonconformance audit of the accredited certifier’s activities if the chief executive considers it appropriate to conduct the audit.\n(sec.470-ssec.3) The nonconformance audit may be conducted by an auditor— who is an employee of the department; or decided by the chief executive.\n(sec.470-ssec.4) The chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the accredited certifier to the State.\n- (a) the chief executive receives under section 474 , in a period of 1 year, at least 3 audit reports in relation to audits of an accredited certifier’s activities as an accredited certifier; and\n- (b) each report shows the accredited certifier has not remedied a particular noncompliance in relation to the accredited certifier’s activities.\n- (a) who is an employee of the department; or\n- (b) decided by the chief executive.","sortOrder":651},{"sectionNumber":"ch.16-pt.2-div.4","sectionType":"division","heading":"Auditing for operators of approved biosecurity accreditation schemes","content":"## Auditing for operators of approved biosecurity accreditation schemes","sortOrder":652},{"sectionNumber":"sec.470A","sectionType":"section","heading":"Auditing applicant’s system for operating approved biosecurity accreditation scheme","content":"### sec.470A Auditing applicant’s system for operating approved biosecurity accreditation scheme\n\nThis section applies to a person applying for approval to operate an approved biosecurity accreditation scheme.\nThe chief executive must audit the applicant’s biosecurity accreditation system to ensure—\nthe applicant has the processes, equipment, personnel and resources to implement and operate the scheme; and\nthe applicant can implement and operate the scheme effectively and comply with any proposed approval conditions.\ns 470A ins 2017 No. 7 s 108\n(sec.470A-ssec.1) This section applies to a person applying for approval to operate an approved biosecurity accreditation scheme.\n(sec.470A-ssec.2) The chief executive must audit the applicant’s biosecurity accreditation system to ensure— the applicant has the processes, equipment, personnel and resources to implement and operate the scheme; and the applicant can implement and operate the scheme effectively and comply with any proposed approval conditions.\n- (a) the applicant has the processes, equipment, personnel and resources to implement and operate the scheme; and\n- (b) the applicant can implement and operate the scheme effectively and comply with any proposed approval conditions.","sortOrder":653},{"sectionNumber":"sec.470B","sectionType":"section","heading":"Additional compliance audits","content":"### sec.470B Additional compliance audits\n\nThis section applies if—\na compliance audit of an approved operator’s operation of an approved biosecurity accreditation scheme is conducted under an approval condition or a requirement under subsection (2) ; and\nthe compliance audit identified a noncompliance, or more than 1 noncompliance, with the approved operator’s approval.\nThe chief executive may, in writing, require—\nfor each noncompliance with the approval identified by the compliance audit—the approved operator to have an additional compliance audit conducted related to the noncompliance; and\nthe additional compliance audit to be conducted within a stated reasonable period.\nAn additional compliance audit of the approved operator’s operation of the scheme required under subsection (2) may relate to more than 1 noncompliance with the approval.\nThe approved operator must comply with a requirement under subsection (2) , unless the approved operator has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 470B ins 2017 No. 7 s 108\n(sec.470B-ssec.1) This section applies if— a compliance audit of an approved operator’s operation of an approved biosecurity accreditation scheme is conducted under an approval condition or a requirement under subsection (2) ; and the compliance audit identified a noncompliance, or more than 1 noncompliance, with the approved operator’s approval.\n(sec.470B-ssec.2) The chief executive may, in writing, require— for each noncompliance with the approval identified by the compliance audit—the approved operator to have an additional compliance audit conducted related to the noncompliance; and the additional compliance audit to be conducted within a stated reasonable period.\n(sec.470B-ssec.3) An additional compliance audit of the approved operator’s operation of the scheme required under subsection (2) may relate to more than 1 noncompliance with the approval.\n(sec.470B-ssec.4) The approved operator must comply with a requirement under subsection (2) , unless the approved operator has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) a compliance audit of an approved operator’s operation of an approved biosecurity accreditation scheme is conducted under an approval condition or a requirement under subsection (2) ; and\n- (b) the compliance audit identified a noncompliance, or more than 1 noncompliance, with the approved operator’s approval.\n- (a) for each noncompliance with the approval identified by the compliance audit—the approved operator to have an additional compliance audit conducted related to the noncompliance; and\n- (b) the additional compliance audit to be conducted within a stated reasonable period.","sortOrder":654},{"sectionNumber":"sec.470C","sectionType":"section","heading":"Check audits","content":"### sec.470C Check audits\n\nThe chief executive may decide to conduct a check audit of the approved operator’s operation of the approved biosecurity accreditation scheme if the chief executive considers it appropriate to conduct the audit.\ns 470C ins 2017 No. 7 s 108","sortOrder":655},{"sectionNumber":"sec.470D","sectionType":"section","heading":"Nonconformance audit","content":"### sec.470D Nonconformance audit\n\nThis section applies if—\nthe chief executive receives under section 474B , in a period of 1 year, at least 3 audit reports in relation to audits of an approved operator’s operation of an approved biosecurity accreditation scheme; and\neach report shows the approved operator has not remedied a particular noncompliance in relation to operating the scheme.\nThe chief executive may decide to conduct a nonconformance audit of the approved operator’s operation of the scheme if the chief executive considers it appropriate to conduct the audit.\nThe nonconformance audit may be conducted by an auditor—\nwho is an employee of the department; or\ndecided by the chief executive.\nThe chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the approved operator to the State.\ns 470D ins 2017 No. 7 s 108\n(sec.470D-ssec.1) This section applies if— the chief executive receives under section 474B , in a period of 1 year, at least 3 audit reports in relation to audits of an approved operator’s operation of an approved biosecurity accreditation scheme; and each report shows the approved operator has not remedied a particular noncompliance in relation to operating the scheme.\n(sec.470D-ssec.2) The chief executive may decide to conduct a nonconformance audit of the approved operator’s operation of the scheme if the chief executive considers it appropriate to conduct the audit.\n(sec.470D-ssec.3) The nonconformance audit may be conducted by an auditor— who is an employee of the department; or decided by the chief executive.\n(sec.470D-ssec.4) The chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the approved operator to the State.\n- (a) the chief executive receives under section 474B , in a period of 1 year, at least 3 audit reports in relation to audits of an approved operator’s operation of an approved biosecurity accreditation scheme; and\n- (b) each report shows the approved operator has not remedied a particular noncompliance in relation to operating the scheme.\n- (a) who is an employee of the department; or\n- (b) decided by the chief executive.","sortOrder":656},{"sectionNumber":"ch.16-pt.3","sectionType":"part","heading":"Auditors’ reports and responsibilities","content":"# Auditors’ reports and responsibilities","sortOrder":657},{"sectionNumber":"ch.16-pt.3-div.1","sectionType":"division","heading":"Compliance agreement reports","content":"## Compliance agreement reports","sortOrder":658},{"sectionNumber":"sec.471","sectionType":"section","heading":"Report about audit for entering into compliance agreement","content":"### sec.471 Report about audit for entering into compliance agreement\n\nAn auditor must, within 14 days after completing an audit of the business of a person applying to enter into a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse—\nthe applicant;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the activities audited;\nwhether, in the auditor’s opinion, the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;\nthe reasons that the auditor considers the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;\nwhether, in the auditor’s opinion, the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;\nthe reasons that the auditor considers the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;\nother information prescribed under a regulation.\n(sec.471-ssec.1) An auditor must, within 14 days after completing an audit of the business of a person applying to enter into a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse— the applicant; the chief executive. Maximum penalty—100 penalty units.\n(sec.471-ssec.2) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the activities audited; whether, in the auditor’s opinion, the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; the reasons that the auditor considers the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; whether, in the auditor’s opinion, the applicant has or does not have the capacity to comply with the requirements of the compliance agreement; the reasons that the auditor considers the applicant has or does not have the capacity to comply with the requirements of the compliance agreement; other information prescribed under a regulation.\n- (a) the applicant;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the activities audited;\n- (e) whether, in the auditor’s opinion, the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;\n- (f) the reasons that the auditor considers the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;\n- (g) whether, in the auditor’s opinion, the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;\n- (h) the reasons that the auditor considers the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;\n- (i) other information prescribed under a regulation.","sortOrder":659},{"sectionNumber":"sec.472","sectionType":"section","heading":"Report about audit for compliance, nonconformance or check audit          ","content":"### sec.472 Report about audit for compliance, nonconformance or check audit          \n\nAn auditor must, within 14 days after completing a compliance, nonconformance or check audit of the business of the other party to a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse—\nthe other party;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the activities audited;\nwhether, in the auditor’s opinion, the business complies or does not comply with the compliance agreement;\nthe reasons that the auditor considers the activities comply or do not comply with the compliance agreement;\nif the activities do not comply with the compliance agreement—details of action taken, or proposed to be taken, to remedy the noncompliance;\nwhether, in the auditor’s opinion—\nan auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or\nthe frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\nother information prescribed under a regulation.\n(sec.472-ssec.1) An auditor must, within 14 days after completing a compliance, nonconformance or check audit of the business of the other party to a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse— the other party; the chief executive. Maximum penalty—100 penalty units.\n(sec.472-ssec.2) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the activities audited; whether, in the auditor’s opinion, the business complies or does not comply with the compliance agreement; the reasons that the auditor considers the activities comply or do not comply with the compliance agreement; if the activities do not comply with the compliance agreement—details of action taken, or proposed to be taken, to remedy the noncompliance; whether, in the auditor’s opinion— an auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or the frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed; other information prescribed under a regulation.\n- (a) the other party;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the activities audited;\n- (e) whether, in the auditor’s opinion, the business complies or does not comply with the compliance agreement;\n- (f) the reasons that the auditor considers the activities comply or do not comply with the compliance agreement;\n- (g) if the activities do not comply with the compliance agreement—details of action taken, or proposed to be taken, to remedy the noncompliance;\n- (h) whether, in the auditor’s opinion— (i) an auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or (ii) the frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (i) an auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (i) other information prescribed under a regulation.\n- (i) an auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed;","sortOrder":660},{"sectionNumber":"ch.16-pt.3-div.2","sectionType":"division","heading":"Accreditation reports","content":"## Accreditation reports","sortOrder":661},{"sectionNumber":"sec.473","sectionType":"section","heading":"Report about audit for grant of accreditation","content":"### sec.473 Report about audit for grant of accreditation\n\nAn auditor must, within 14 days after completing an audit of the applicant’s ICA systems, or proposed ICA systems, relevant to an application for a grant of accreditation, give a report about the audit to the following unless the auditor has a reasonable excuse—\nthe applicant;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the applicant’s ICA systems, or proposed ICA systems, audited;\nwhether, in the auditor’s opinion, each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed;\nthe reasons that the auditor considers each ICA system or proposed ICA system satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\nother information prescribed under a regulation.\n(sec.473-ssec.1) An auditor must, within 14 days after completing an audit of the applicant’s ICA systems, or proposed ICA systems, relevant to an application for a grant of accreditation, give a report about the audit to the following unless the auditor has a reasonable excuse— the applicant; the chief executive. Maximum penalty—100 penalty units.\n(sec.473-ssec.2) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the applicant’s ICA systems, or proposed ICA systems, audited; whether, in the auditor’s opinion, each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed; the reasons that the auditor considers each ICA system or proposed ICA system satisfies or does not satisfy the requirements of any operational procedure to which the system is directed; other information prescribed under a regulation.\n- (a) the applicant;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the applicant’s ICA systems, or proposed ICA systems, audited;\n- (e) whether, in the auditor’s opinion, each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed;\n- (f) the reasons that the auditor considers each ICA system or proposed ICA system satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\n- (g) other information prescribed under a regulation.","sortOrder":662},{"sectionNumber":"sec.474","sectionType":"section","heading":"Report about audit for compliance, nonconformance or check audit          ","content":"### sec.474 Report about audit for compliance, nonconformance or check audit          \n\nAn auditor must, within 14 days after completing a compliance, nonconformance or check audit of an accredited certifier’s activities as an accredited certifier, give a report about the audit to the following unless the auditor has a reasonable excuse—\nthe accredited certifier;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the activities audited;\nwhether, in the auditor’s opinion, the activities comply or do not comply with the accreditation;\nthe reasons that the auditor considers the activities comply or do not comply with the accreditation;\nif the activities do not comply with the accreditation—details of action taken, or proposed to be taken, to remedy the noncompliance;\nif the accredited certifier participates in the ICA scheme—\nwhether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and\nthe reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\nwhether, in the auditor’s opinion—\nan auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or\nthe frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\nother information prescribed under a regulation.\n(sec.474-ssec.1) An auditor must, within 14 days after completing a compliance, nonconformance or check audit of an accredited certifier’s activities as an accredited certifier, give a report about the audit to the following unless the auditor has a reasonable excuse— the accredited certifier; the chief executive. Maximum penalty—100 penalty units.\n(sec.474-ssec.2) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the activities audited; whether, in the auditor’s opinion, the activities comply or do not comply with the accreditation; the reasons that the auditor considers the activities comply or do not comply with the accreditation; if the activities do not comply with the accreditation—details of action taken, or proposed to be taken, to remedy the noncompliance; if the accredited certifier participates in the ICA scheme— whether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and the reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed; whether, in the auditor’s opinion— an auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or the frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed; other information prescribed under a regulation.\n- (a) the accredited certifier;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the activities audited;\n- (e) whether, in the auditor’s opinion, the activities comply or do not comply with the accreditation;\n- (f) the reasons that the auditor considers the activities comply or do not comply with the accreditation;\n- (g) if the activities do not comply with the accreditation—details of action taken, or proposed to be taken, to remedy the noncompliance;\n- (h) if the accredited certifier participates in the ICA scheme— (i) whether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and (ii) the reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\n- (i) whether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and\n- (ii) the reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\n- (i) whether, in the auditor’s opinion— (i) an auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or (ii) the frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (i) an auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed;\n- (j) other information prescribed under a regulation.\n- (i) whether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and\n- (ii) the reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;\n- (i) an auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed;","sortOrder":663},{"sectionNumber":"ch.16-pt.3-div.2A","sectionType":"division","heading":"Approved operator reports","content":"## Approved operator reports","sortOrder":664},{"sectionNumber":"sec.474A","sectionType":"section","heading":"Report about audit for approval to operate approved biosecurity accreditation system","content":"### sec.474A Report about audit for approval to operate approved biosecurity accreditation system\n\nThis section applies if an auditor conducts an audit of an applicant’s biosecurity accreditation systems relevant to an application for approval to operate an approved biosecurity accreditation scheme.\nThe auditor must give a report about the audit to the following persons within 14 days after completing the audit, unless the auditor has a reasonable excuse—\nthe applicant;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the applicant’s biosecurity accreditation systems audited;\nwhether, in the auditor’s opinion, the biosecurity accreditation system includes the processes, equipment, personnel and resources necessary for the applicant to operate the scheme;\nother information prescribed by regulation.\ns 474A ins 2017 No. 7 s 109\n(sec.474A-ssec.1) This section applies if an auditor conducts an audit of an applicant’s biosecurity accreditation systems relevant to an application for approval to operate an approved biosecurity accreditation scheme.\n(sec.474A-ssec.2) The auditor must give a report about the audit to the following persons within 14 days after completing the audit, unless the auditor has a reasonable excuse— the applicant; the chief executive. Maximum penalty—100 penalty units.\n(sec.474A-ssec.3) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the applicant’s biosecurity accreditation systems audited; whether, in the auditor’s opinion, the biosecurity accreditation system includes the processes, equipment, personnel and resources necessary for the applicant to operate the scheme; other information prescribed by regulation.\n- (a) the applicant;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the applicant’s biosecurity accreditation systems audited;\n- (e) whether, in the auditor’s opinion, the biosecurity accreditation system includes the processes, equipment, personnel and resources necessary for the applicant to operate the scheme;\n- (f) other information prescribed by regulation.","sortOrder":665},{"sectionNumber":"sec.474B","sectionType":"section","heading":"Report about audit for compliance, nonconformance or check audit","content":"### sec.474B Report about audit for compliance, nonconformance or check audit\n\nThis section applies if an auditor conducts a compliance, nonconformance or check audit of an approved operator’s operation of an approved biosecurity accreditation system.\nThe auditor must give a report about the audit to the following persons within 14 days after completing the audit, unless the auditor has a reasonable excuse—\nthe approved operator;\nthe chief executive.\nMaximum penalty—100 penalty units.\nThe report must include all of the following information—\nthe auditor’s name;\nthe days the audit started and ended, and the time spent conducting the audit;\nthe address of, or other information sufficient to identify, the place at which the audit was conducted;\ndetails of the operations audited;\nwhether, in the auditor’s opinion, the operations comply or do not comply with the approval conditions or the scheme;\nthe reasons why the auditor considers the operations comply or do not comply with the approval conditions or the scheme;\nif the operations do not comply with the approval conditions or the scheme—details of action taken, or proposed to be taken, to remedy the noncompliance;\nwhether, in the auditor’s opinion—\nan auditor needs to conduct a nonconformance audit of the operations in relation to any noncompliance identified in the audit; or\nthe frequency of compliance audits for the operations should be changed, and if so, the reasons why the auditor considers the frequency should be changed;\nother information prescribed by regulation.\ns 474B ins 2017 No. 7 s 109\n(sec.474B-ssec.1) This section applies if an auditor conducts a compliance, nonconformance or check audit of an approved operator’s operation of an approved biosecurity accreditation system.\n(sec.474B-ssec.2) The auditor must give a report about the audit to the following persons within 14 days after completing the audit, unless the auditor has a reasonable excuse— the approved operator; the chief executive. Maximum penalty—100 penalty units.\n(sec.474B-ssec.3) The report must include all of the following information— the auditor’s name; the days the audit started and ended, and the time spent conducting the audit; the address of, or other information sufficient to identify, the place at which the audit was conducted; details of the operations audited; whether, in the auditor’s opinion, the operations comply or do not comply with the approval conditions or the scheme; the reasons why the auditor considers the operations comply or do not comply with the approval conditions or the scheme; if the operations do not comply with the approval conditions or the scheme—details of action taken, or proposed to be taken, to remedy the noncompliance; whether, in the auditor’s opinion— an auditor needs to conduct a nonconformance audit of the operations in relation to any noncompliance identified in the audit; or the frequency of compliance audits for the operations should be changed, and if so, the reasons why the auditor considers the frequency should be changed; other information prescribed by regulation.\n- (a) the approved operator;\n- (b) the chief executive.\n- (a) the auditor’s name;\n- (b) the days the audit started and ended, and the time spent conducting the audit;\n- (c) the address of, or other information sufficient to identify, the place at which the audit was conducted;\n- (d) details of the operations audited;\n- (e) whether, in the auditor’s opinion, the operations comply or do not comply with the approval conditions or the scheme;\n- (f) the reasons why the auditor considers the operations comply or do not comply with the approval conditions or the scheme;\n- (g) if the operations do not comply with the approval conditions or the scheme—details of action taken, or proposed to be taken, to remedy the noncompliance;\n- (h) whether, in the auditor’s opinion— (i) an auditor needs to conduct a nonconformance audit of the operations in relation to any noncompliance identified in the audit; or (ii) the frequency of compliance audits for the operations should be changed, and if so, the reasons why the auditor considers the frequency should be changed;\n- (i) an auditor needs to conduct a nonconformance audit of the operations in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the operations should be changed, and if so, the reasons why the auditor considers the frequency should be changed;\n- (i) other information prescribed by regulation.\n- (i) an auditor needs to conduct a nonconformance audit of the operations in relation to any noncompliance identified in the audit; or\n- (ii) the frequency of compliance audits for the operations should be changed, and if so, the reasons why the auditor considers the frequency should be changed;","sortOrder":666},{"sectionNumber":"ch.16-pt.3-div.3","sectionType":"division","heading":"Responsibilities","content":"## Responsibilities","sortOrder":667},{"sectionNumber":"sec.475","sectionType":"section","heading":"Auditor’s responsibility to inform chief executive","content":"### sec.475 Auditor’s responsibility to inform chief executive\n\nThis section applies if, in conducting a compliance, nonconformance or check audit of the business of the other party to a compliance agreement or of an accredited certifier’s activities as an accredited certifier, an auditor forms a reasonable belief that—\na person has contravened, or is contravening, this Act; and\nthe contravention poses an imminent and serious biosecurity risk.\nThe auditor must give details of the facts and circumstances giving rise to the belief to the chief executive.\nThe auditor must give the details to the chief executive as soon as practicable, and in any case not more than 24 hours, after forming the belief.\nMaximum penalty—500 penalty units.\nIf the auditor complies with subsection (3) by giving the chief executive the details orally, the auditor must, within 24 hours after giving the details orally, give the chief executive notice of the details.\nMaximum penalty—500 penalty units.\n(sec.475-ssec.1) This section applies if, in conducting a compliance, nonconformance or check audit of the business of the other party to a compliance agreement or of an accredited certifier’s activities as an accredited certifier, an auditor forms a reasonable belief that— a person has contravened, or is contravening, this Act; and the contravention poses an imminent and serious biosecurity risk.\n(sec.475-ssec.2) The auditor must give details of the facts and circumstances giving rise to the belief to the chief executive.\n(sec.475-ssec.3) The auditor must give the details to the chief executive as soon as practicable, and in any case not more than 24 hours, after forming the belief. Maximum penalty—500 penalty units.\n(sec.475-ssec.4) If the auditor complies with subsection (3) by giving the chief executive the details orally, the auditor must, within 24 hours after giving the details orally, give the chief executive notice of the details. Maximum penalty—500 penalty units.\n- (a) a person has contravened, or is contravening, this Act; and\n- (b) the contravention poses an imminent and serious biosecurity risk.","sortOrder":668},{"sectionNumber":"ch.16-pt.4","sectionType":"part","heading":"Offences about auditing","content":"# Offences about auditing","sortOrder":669},{"sectionNumber":"sec.476","sectionType":"section","heading":"Obstructing auditor","content":"### sec.476 Obstructing auditor\n\nA person must not obstruct an auditor in the conduct of an audit, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an auditor and the auditor decides to proceed with the conduct of the audit, the auditor must warn the person that—\nit is an offence to obstruct the auditor unless the person has a reasonable excuse; and\nthe auditor considers the person’s conduct an obstruction.\n(sec.476-ssec.1) A person must not obstruct an auditor in the conduct of an audit, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.476-ssec.2) If a person has obstructed an auditor and the auditor decides to proceed with the conduct of the audit, the auditor must warn the person that— it is an offence to obstruct the auditor unless the person has a reasonable excuse; and the auditor considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the auditor unless the person has a reasonable excuse; and\n- (b) the auditor considers the person’s conduct an obstruction.","sortOrder":670},{"sectionNumber":"sec.477","sectionType":"section","heading":"Impersonating auditor","content":"### sec.477 Impersonating auditor\n\nA person must not impersonate an auditor.\nMaximum penalty—100 penalty units.","sortOrder":671},{"sectionNumber":"ch.17-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":672},{"sectionNumber":"sec.478","sectionType":"section","heading":"Definition","content":"### sec.478 Definition\n\nIn this chapter—\nrelevant authority means—\na prohibited matter permit; or\na restricted matter permit; or\nan accreditation; or\nan approval of a biosecurity accreditation scheme; or\nan approval to operate a biosecurity accreditation scheme; or\nan auditor’s approval.\ns 478 def relevant authority amd 2017 No. 7 s 110\n- (a) a prohibited matter permit; or\n- (b) a restricted matter permit; or\n- (c) an accreditation; or\n- (d) an approval of a biosecurity accreditation scheme; or\n- (e) an approval to operate a biosecurity accreditation scheme; or\n- (f) an auditor’s approval.","sortOrder":673},{"sectionNumber":"ch.17-pt.2","sectionType":"part","heading":"Amending conditions of relevant authority on application","content":"# Amending conditions of relevant authority on application","sortOrder":674},{"sectionNumber":"sec.479","sectionType":"section","heading":"Application by holder to amend relevant authority","content":"### sec.479 Application by holder to amend relevant authority\n\nThe holder of a relevant authority may apply to the chief executive to amend the authority—\nby amending the conditions of the authority; or\nif the authority is an approval of a biosecurity accreditation scheme—by amending the scheme.\nThe application must—\nbe in the approved form; and\nbe accompanied by the fee prescribed under a regulation.\nHowever, if the relevant authority is a prohibited matter or restricted matter permit, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214 (6) (a) or (b) .\nThe chief executive must consider the application and decide to amend, or refuse to amend, the authority.\nIf the chief executive decides to refuse to amend the authority, the chief executive must as soon as practicable give the applicant an information notice for the decision.\nIf the chief executive decides to amend the authority, the chief executive must as soon as practicable issue to the applicant another relevant authority showing the amendment.\ns 479 amd 2017 No. 7 s 111 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.479-ssec.1) The holder of a relevant authority may apply to the chief executive to amend the authority— by amending the conditions of the authority; or if the authority is an approval of a biosecurity accreditation scheme—by amending the scheme.\n(sec.479-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed under a regulation.\n(sec.479-ssec.3) However, if the relevant authority is a prohibited matter or restricted matter permit, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214 (6) (a) or (b) .\n(sec.479-ssec.4) The chief executive must consider the application and decide to amend, or refuse to amend, the authority.\n(sec.479-ssec.5) If the chief executive decides to refuse to amend the authority, the chief executive must as soon as practicable give the applicant an information notice for the decision.\n(sec.479-ssec.6) If the chief executive decides to amend the authority, the chief executive must as soon as practicable issue to the applicant another relevant authority showing the amendment.\n- (a) by amending the conditions of the authority; or\n- (b) if the authority is an approval of a biosecurity accreditation scheme—by amending the scheme.\n- (a) be in the approved form; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":675},{"sectionNumber":"sec.480","sectionType":"section","heading":"Inquiry about application","content":"### sec.480 Inquiry about application\n\nBefore deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nA notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\nThe information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.\n(sec.480-ssec.1) Before deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.480-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.480-ssec.3) A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.\n(sec.480-ssec.4) The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.","sortOrder":676},{"sectionNumber":"sec.481","sectionType":"section","heading":"Failure to decide application","content":"### sec.481 Failure to decide application\n\nSubject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to amend the relevant authority.\nSubsection (3) applies if—\nthe holder of a relevant authority has made an application to amend the authority; and\nthe chief executive has, under this part, required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to amend the authority if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\ns 481 amd 2017 No. 7 s 112\n(sec.481-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to amend the relevant authority.\n(sec.481-ssec.2) Subsection (3) applies if— the holder of a relevant authority has made an application to amend the authority; and the chief executive has, under this part, required the applicant to give the chief executive further information or a document.\n(sec.481-ssec.3) The chief executive is taken to have refused to amend the authority if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.\n(sec.481-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) the holder of a relevant authority has made an application to amend the authority; and\n- (b) the chief executive has, under this part, required the applicant to give the chief executive further information or a document.","sortOrder":677},{"sectionNumber":"ch.17-pt.3","sectionType":"part","heading":"Cancellation, suspension and amendment by chief executive","content":"# Cancellation, suspension and amendment by chief executive","sortOrder":678},{"sectionNumber":"sec.482","sectionType":"section","heading":"Cancellation and suspension","content":"### sec.482 Cancellation and suspension\n\nEach of the following is a ground for cancelling or suspending a relevant authority—\nthe authority was obtained by materially incorrect or misleading information or documents or by a mistake;\nthe holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority;\nthe holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act;\nthe holder of the authority has committed—\nif the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or\nif the authority is an accreditation—a relevant accreditation offence; or\nif the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence;\nif the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled;\nif the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted;\nA person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises.\nif the authority is an auditor’s approval—\nthe auditor is not, or is no longer, a suitable person to be an auditor; or\nthe auditor does not have the necessary expertise or experience to perform the auditor’s functions; or\nthe audits conducted by the auditor have not been conducted honestly, fairly or diligently.\nFor forming a belief that the ground mentioned in subsection (1) (g) (i) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether the person is a suitable person to be an auditor.\nIn this section—\nholder , of a relevant authority that is a prohibited matter or restricted matter permit or an accreditation, includes, if the holder is a corporation, a related entity of the holder under the Corporations Act , section 9 .\nlegal requirement means a requirement under this Act, an intergovernmental agreement or a corresponding law to this Act.\ns 482 amd 2017 No. 7 s 113 ; 2020 No. 3 s 136 sch 1\n(sec.482-ssec.1) Each of the following is a ground for cancelling or suspending a relevant authority— the authority was obtained by materially incorrect or misleading information or documents or by a mistake; the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority; the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act; the holder of the authority has committed— if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or if the authority is an accreditation—a relevant accreditation offence; or if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence; if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled; if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted; A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises. if the authority is an auditor’s approval— the auditor is not, or is no longer, a suitable person to be an auditor; or the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or the audits conducted by the auditor have not been conducted honestly, fairly or diligently.\n(sec.482-ssec.2) For forming a belief that the ground mentioned in subsection (1) (g) (i) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether the person is a suitable person to be an auditor.\n(sec.482-ssec.3) In this section— holder , of a relevant authority that is a prohibited matter or restricted matter permit or an accreditation, includes, if the holder is a corporation, a related entity of the holder under the Corporations Act , section 9 . legal requirement means a requirement under this Act, an intergovernmental agreement or a corresponding law to this Act.\n- (a) the authority was obtained by materially incorrect or misleading information or documents or by a mistake;\n- (b) the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority;\n- (c) the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act;\n- (d) the holder of the authority has committed— (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or (ii) if the authority is an accreditation—a relevant accreditation offence; or (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence;\n- (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or\n- (ii) if the authority is an accreditation—a relevant accreditation offence; or\n- (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence;\n- (e) if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled;\n- (f) if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted; Example of a ground for paragraph (f) — A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises.\n- (g) if the authority is an auditor’s approval— (i) the auditor is not, or is no longer, a suitable person to be an auditor; or (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently.\n- (i) the auditor is not, or is no longer, a suitable person to be an auditor; or\n- (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or\n- (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently.\n- (i) if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or\n- (ii) if the authority is an accreditation—a relevant accreditation offence; or\n- (iii) if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A or a relevant accreditation offence;\n- (i) the auditor is not, or is no longer, a suitable person to be an auditor; or\n- (ii) the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or\n- (iii) the audits conducted by the auditor have not been conducted honestly, fairly or diligently.","sortOrder":679},{"sectionNumber":"sec.483","sectionType":"section","heading":"Amendment of relevant authority","content":"### sec.483 Amendment of relevant authority\n\nIf the chief executive believes a relevant authority should be amended, the chief executive may amend the authority under this part.","sortOrder":680},{"sectionNumber":"sec.484","sectionType":"section","heading":"Cancellation, suspension or amendment by chief executive—show cause notice","content":"### sec.484 Cancellation, suspension or amendment by chief executive—show cause notice\n\nIf the chief executive believes a ground exists to cancel or suspend a relevant authority (the proposed action ), or if the chief executive proposes to amend a relevant authority (also the proposed action ), the chief executive must give the holder of the authority notice under this section (a show cause notice ).\nThe show cause notice must state each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is to suspend the authority—the proposed suspension period;\nif the proposed action is to amend the authority—the proposed amendment;\nthat the holder may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\nThe show cause period must end at least 28 days after the holder is given the show cause notice.\nThis section does not apply if the proposed action is to amend an auditor’s approval by imposing a condition under section 454 (3) (b) .\ns 484 amd 2015 No. 15 s 52\n(sec.484-ssec.1) If the chief executive believes a ground exists to cancel or suspend a relevant authority (the proposed action ), or if the chief executive proposes to amend a relevant authority (also the proposed action ), the chief executive must give the holder of the authority notice under this section (a show cause notice ).\n(sec.484-ssec.2) The show cause notice must state each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is to suspend the authority—the proposed suspension period; if the proposed action is to amend the authority—the proposed amendment; that the holder may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.\n(sec.484-ssec.3) The show cause period must end at least 28 days after the holder is given the show cause notice.\n(sec.484-ssec.4) This section does not apply if the proposed action is to amend an auditor’s approval by imposing a condition under section 454 (3) (b) .\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is to suspend the authority—the proposed suspension period;\n- (e) if the proposed action is to amend the authority—the proposed amendment;\n- (f) that the holder may, within a stated period (the show cause period ), make written representations to the chief executive to show why the proposed action should not be taken.","sortOrder":681},{"sectionNumber":"sec.485","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.485 Representations about show cause notice\n\nThe holder of the relevant authority may make written representations about the show cause notice to the chief executive in the show cause period.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.485-ssec.1) The holder of the relevant authority may make written representations about the show cause notice to the chief executive in the show cause period.\n(sec.485-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":682},{"sectionNumber":"sec.486","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.486 Ending show cause process without further action\n\nIf, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action, the chief executive—\nmust take no further action about the show cause notice; and\nmust give the holder of the relevant authority notice that no further action is to be taken about the show cause notice.\n- (a) must take no further action about the show cause notice; and\n- (b) must give the holder of the relevant authority notice that no further action is to be taken about the show cause notice.","sortOrder":683},{"sectionNumber":"sec.487","sectionType":"section","heading":"Cancellation, suspension or amendment","content":"### sec.487 Cancellation, suspension or amendment\n\nThis section applies if—\nthere are no accepted representations for the show cause notice; or\nafter considering the accepted representations for the show cause notice, the chief executive—\nstill believes a ground exists to cancel, suspend or amend the relevant authority; and\nbelieves a cancellation, suspension or amendment of the relevant authority is warranted.\nThe chief executive may—\nif the proposed action was to cancel the authority—cancel the authority, suspend the authority for a period or amend the authority; or\nif the proposed action was to suspend the authority—suspend the authority for no longer than the proposed suspension period or amend the authority; or\nif the proposed action was to amend the authority—amend the authority.\nIf the chief executive acts under subsection (2) , the chief executive must as soon as practicable give an information notice for the decision to the holder of the relevant authority.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the holder;\nthe day stated in the information notice for that purpose.\n(sec.487-ssec.1) This section applies if— there are no accepted representations for the show cause notice; or after considering the accepted representations for the show cause notice, the chief executive— still believes a ground exists to cancel, suspend or amend the relevant authority; and believes a cancellation, suspension or amendment of the relevant authority is warranted.\n(sec.487-ssec.2) The chief executive may— if the proposed action was to cancel the authority—cancel the authority, suspend the authority for a period or amend the authority; or if the proposed action was to suspend the authority—suspend the authority for no longer than the proposed suspension period or amend the authority; or if the proposed action was to amend the authority—amend the authority.\n(sec.487-ssec.3) If the chief executive acts under subsection (2) , the chief executive must as soon as practicable give an information notice for the decision to the holder of the relevant authority.\n(sec.487-ssec.4) The decision takes effect on the later of the following— the day the information notice is given to the holder; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations for the show cause notice; or\n- (b) after considering the accepted representations for the show cause notice, the chief executive— (i) still believes a ground exists to cancel, suspend or amend the relevant authority; and (ii) believes a cancellation, suspension or amendment of the relevant authority is warranted.\n- (i) still believes a ground exists to cancel, suspend or amend the relevant authority; and\n- (ii) believes a cancellation, suspension or amendment of the relevant authority is warranted.\n- (i) still believes a ground exists to cancel, suspend or amend the relevant authority; and\n- (ii) believes a cancellation, suspension or amendment of the relevant authority is warranted.\n- (a) if the proposed action was to cancel the authority—cancel the authority, suspend the authority for a period or amend the authority; or\n- (b) if the proposed action was to suspend the authority—suspend the authority for no longer than the proposed suspension period or amend the authority; or\n- (c) if the proposed action was to amend the authority—amend the authority.\n- (a) the day the information notice is given to the holder;\n- (b) the day stated in the information notice for that purpose.","sortOrder":684},{"sectionNumber":"sec.488","sectionType":"section","heading":"Immediate suspension of relevant authority","content":"### sec.488 Immediate suspension of relevant authority\n\nThe chief executive may suspend a relevant authority immediately if the chief executive believes—\na ground exists to cancel or suspend the authority; and\nit is necessary to suspend the authority immediately because—\nfor a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or\nfor an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or\nA person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health.\nfor an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or\nfor an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.\nThe suspension—\ncan be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and\noperates immediately the notices are given to the holder; and\ncontinues to operate until the earliest of the following happens—\nthe chief executive cancels the remaining period of suspension;\nthe show cause notice is finally dealt with;\n56 days have passed since the notices were given to the holder.\nSubsection (4) applies if—\na suspension under this section stops because—\nthe chief executive cancels the remaining period of suspension; or\nthe show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or\n56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\nthe holder has returned the relevant authority to the chief executive as required under section 491 .\nThe chief executive must as soon as practicable give the relevant authority to the holder.\ns 488 amd 2015 No. 15 s 53 ; 2017 No. 7 s 114\n(sec.488-ssec.1) The chief executive may suspend a relevant authority immediately if the chief executive believes— a ground exists to cancel or suspend the authority; and it is necessary to suspend the authority immediately because— for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.\n(sec.488-ssec.2) The suspension— can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and operates immediately the notices are given to the holder; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of suspension; the show cause notice is finally dealt with; 56 days have passed since the notices were given to the holder.\n(sec.488-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the chief executive cancels the remaining period of suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and the holder has returned the relevant authority to the chief executive as required under section 491 .\n(sec.488-ssec.4) The chief executive must as soon as practicable give the relevant authority to the holder.\n- (a) a ground exists to cancel or suspend the authority; and\n- (b) it is necessary to suspend the authority immediately because— (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health. (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.\n- (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or\n- (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health.\n- (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or\n- (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.\n- (i) for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or\n- (ii) for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii) — A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health.\n- (iii) for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or\n- (iv) for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.\n- (a) can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and\n- (b) operates immediately the notices are given to the holder; and\n- (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of suspension; (ii) the show cause notice is finally dealt with; (iii) 56 days have passed since the notices were given to the holder.\n- (i) the chief executive cancels the remaining period of suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 56 days have passed since the notices were given to the holder.\n- (i) the chief executive cancels the remaining period of suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 56 days have passed since the notices were given to the holder.\n- (a) a suspension under this section stops because— (i) the chief executive cancels the remaining period of suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\n- (i) the chief executive cancels the remaining period of suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or\n- (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\n- (b) the holder has returned the relevant authority to the chief executive as required under section 491 .\n- (i) the chief executive cancels the remaining period of suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or\n- (iii) 56 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and","sortOrder":685},{"sectionNumber":"sec.489","sectionType":"section","heading":"Amendment of relevant authority without show cause notice—minor amendment","content":"### sec.489 Amendment of relevant authority without show cause notice—minor amendment\n\nThe procedures otherwise required to be followed under this chapter for the amendment of a relevant authority are not required to be followed if—\nthe chief executive proposes to amend the relevant authority only—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the interests of the holder of the authority; or\nthe holder of the relevant authority asks the chief executive to amend the authority other than by formal application under part 2 and the chief executive proposes to give effect to the request.\nThe chief executive may amend the relevant authority by notice given to the holder.\n(sec.489-ssec.1) The procedures otherwise required to be followed under this chapter for the amendment of a relevant authority are not required to be followed if— the chief executive proposes to amend the relevant authority only— for a formal or clerical reason; or in another way that does not adversely affect the interests of the holder of the authority; or the holder of the relevant authority asks the chief executive to amend the authority other than by formal application under part 2 and the chief executive proposes to give effect to the request.\n(sec.489-ssec.2) The chief executive may amend the relevant authority by notice given to the holder.\n- (a) the chief executive proposes to amend the relevant authority only— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the interests of the holder of the authority; or\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of the holder of the authority; or\n- (b) the holder of the relevant authority asks the chief executive to amend the authority other than by formal application under part 2 and the chief executive proposes to give effect to the request.\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of the holder of the authority; or","sortOrder":686},{"sectionNumber":"sec.490","sectionType":"section","heading":"Cancellation of relevant authority without show cause notice","content":"### sec.490 Cancellation of relevant authority without show cause notice\n\nThe procedures otherwise required to be followed under this chapter for the cancellation of a relevant authority are not required to be followed if the holder of the relevant authority asks the chief executive to cancel the authority and the chief executive proposes to give effect to the request.\nThe chief executive may cancel the relevant authority by notice given to the holder.\n(sec.490-ssec.1) The procedures otherwise required to be followed under this chapter for the cancellation of a relevant authority are not required to be followed if the holder of the relevant authority asks the chief executive to cancel the authority and the chief executive proposes to give effect to the request.\n(sec.490-ssec.2) The chief executive may cancel the relevant authority by notice given to the holder.","sortOrder":687},{"sectionNumber":"sec.491","sectionType":"section","heading":"Return of cancelled, suspended or amended relevant authority","content":"### sec.491 Return of cancelled, suspended or amended relevant authority\n\nThis section applies if the chief executive cancels, suspends or amends a relevant authority under this chapter.\nThe chief executive may, by notice given to the holder of the authority, require the holder to return the document evidencing the authority to the chief executive within 14 days, or a later stated time.\nThe holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it.\nMaximum penalty—40 penalty units.\nIf the document for a suspended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority at the end of the suspension period.\nIf the document for an amended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority after amending it.\nHowever, the amendment of a relevant authority does not depend on the document for the authority being returned to the chief executive by the holder of the authority or by the chief executive to the holder of the authority.\nThe chief executive is not required to return the document for a relevant authority that is cancelled.\n(sec.491-ssec.1) This section applies if the chief executive cancels, suspends or amends a relevant authority under this chapter.\n(sec.491-ssec.2) The chief executive may, by notice given to the holder of the authority, require the holder to return the document evidencing the authority to the chief executive within 14 days, or a later stated time.\n(sec.491-ssec.3) The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.\n(sec.491-ssec.4) If the document for a suspended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority at the end of the suspension period.\n(sec.491-ssec.5) If the document for an amended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority after amending it.\n(sec.491-ssec.6) However, the amendment of a relevant authority does not depend on the document for the authority being returned to the chief executive by the holder of the authority or by the chief executive to the holder of the authority.\n(sec.491-ssec.7) The chief executive is not required to return the document for a relevant authority that is cancelled.","sortOrder":688},{"sectionNumber":"ch.19-pt.1","sectionType":"part","heading":"Repeal of Acts","content":"# Repeal of Acts","sortOrder":689},{"sectionNumber":"sec.504","sectionType":"section","heading":"Repeal of Acts","content":"### sec.504 Repeal of Acts\n\nThe following Acts are repealed—\nAgricultural Standards Act 1994, No. 79 ;\nApiaries Act 1982, No. 29 ;\nDiseases in Timber Act 1975, No. 49 ;\nExotic Diseases in Animals Act 1981, No. 13 ;\nPlant Protection Act 1989, No. 14 ;\nStock Act 1915, 6 Geo 5, No. 16 .\n- (a) Agricultural Standards Act 1994, No. 79 ;\n- (b) Apiaries Act 1982, No. 29 ;\n- (c) Diseases in Timber Act 1975, No. 49 ;\n- (d) Exotic Diseases in Animals Act 1981, No. 13 ;\n- (e) Plant Protection Act 1989, No. 14 ;\n- (f) Stock Act 1915, 6 Geo 5, No. 16 .","sortOrder":690},{"sectionNumber":"ch.19-pt.2","sectionType":"part","heading":"Savings and transitional provisions for Act No. 7 of 2014","content":"# Savings and transitional provisions for Act No. 7 of 2014","sortOrder":691},{"sectionNumber":"ch.19-pt.2-div.1","sectionType":"division","heading":"General transitional matters","content":"## General transitional matters","sortOrder":692},{"sectionNumber":"sec.505","sectionType":"section","heading":"Main purposes of pt 2","content":"### sec.505 Main purposes of pt 2\n\nThe main purposes of this part are—\nto provide for provisions of this Act that are substantially the same as repealed provisions of a repealed Act or the amended Act to be dealt with as replacements of the repealed provisions; and\nwithout limiting paragraph (a), if a matter was dealt with in a repealed Act or the amended Act, by providing for something to be dealt with under the repealed Act or the amended Act, to provide for the continuation of the matters under this Act; and\nto provide for matters that were not dealt with in a repealed Act or the amended Act that are dealt with under this Act.\n- (a) to provide for provisions of this Act that are substantially the same as repealed provisions of a repealed Act or the amended Act to be dealt with as replacements of the repealed provisions; and\n- (b) without limiting paragraph (a), if a matter was dealt with in a repealed Act or the amended Act, by providing for something to be dealt with under the repealed Act or the amended Act, to provide for the continuation of the matters under this Act; and\n- (c) to provide for matters that were not dealt with in a repealed Act or the amended Act that are dealt with under this Act.","sortOrder":693},{"sectionNumber":"sec.506","sectionType":"section","heading":"Definitions for pt 2 and sch 3","content":"### sec.506 Definitions for pt 2 and sch 3\n\nIn this part and schedule 3—\namended Act —\ngenerally—means the Stock Route Management Act 2002 ; and\nfor schedule 3, part 3—see schedule 3, part 3, section 76.\ns 506 def amended Act amd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\ncommencement means the day this section commences.\ncorresponding provision , for a previous provision of a repealed Act or the amended Act, means a provision of this Act that is substantially the same as or equivalent to the previous provision of the repealed Act or the amended Act.\nmade includes given and issued.\nobligation includes duty.\nprevious , for a stated provision of a repealed Act or the amended Act that includes a number, means the provision of the repealed Act or the amended Act with that number immediately before the commencement.\nprevious provision , of a repealed Act or the amended Act, means a provision of the repealed Act or the amended Act, as in force immediately before the commencement.\nprotection includes a statement to the effect of any of the following—\nthat there is no liability;\nthat there is no invalidity;\nthat a person has an entitlement.\ns 506 amd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n- (a) generally—means the Stock Route Management Act 2002 ; and\n- (b) for schedule 3, part 3—see schedule 3, part 3, section 76.\n- (a) that there is no liability;\n- (b) that there is no invalidity;\n- (c) that a person has an entitlement.","sortOrder":694},{"sectionNumber":"sec.507","sectionType":"section","heading":"Document, action, obligation or protection under previous provision of repealed Act or amended Act","content":"### sec.507 Document, action, obligation or protection under previous provision of repealed Act or amended Act\n\nThis section applies to any of the following—\na document made or kept under a previous provision of a repealed Act or the amended Act if the document continued to have effect or was in force immediately before the commencement;\nan action done under a previous provision of a repealed Act or the amended Act if the action continued to have effect immediately before the commencement;\nan entity’s obligation under a previous provision of a repealed Act or the amended Act if the obligation applied to the entity immediately before the commencement;\nan entity’s protection under a previous provision of a repealed Act or the amended Act that applied to the entity immediately before the commencement.\nSubject to a specific provision of this Act in relation to the document, action, obligation or protection, if there is a corresponding provision for the previous provision, the document, action, obligation or protection—\ncontinues in force or to have effect according to its terms; and\nmay be taken to have been made, kept or done under the corresponding provision.\nSubsection (2)(b) applies whether or not the previous provision refers to the document, action, obligation or protection by reference to a provision of the repealed Act or the amended Act.\nSchedule 3, part 1 provides examples of the operation of this section.\ns 507 amd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sec.507-ssec.1) This section applies to any of the following— a document made or kept under a previous provision of a repealed Act or the amended Act if the document continued to have effect or was in force immediately before the commencement; an action done under a previous provision of a repealed Act or the amended Act if the action continued to have effect immediately before the commencement; an entity’s obligation under a previous provision of a repealed Act or the amended Act if the obligation applied to the entity immediately before the commencement; an entity’s protection under a previous provision of a repealed Act or the amended Act that applied to the entity immediately before the commencement.\n(sec.507-ssec.2) Subject to a specific provision of this Act in relation to the document, action, obligation or protection, if there is a corresponding provision for the previous provision, the document, action, obligation or protection— continues in force or to have effect according to its terms; and may be taken to have been made, kept or done under the corresponding provision.\n(sec.507-ssec.3) Subsection (2)(b) applies whether or not the previous provision refers to the document, action, obligation or protection by reference to a provision of the repealed Act or the amended Act. Schedule 3, part 1 provides examples of the operation of this section.\n- (a) a document made or kept under a previous provision of a repealed Act or the amended Act if the document continued to have effect or was in force immediately before the commencement;\n- (b) an action done under a previous provision of a repealed Act or the amended Act if the action continued to have effect immediately before the commencement;\n- (c) an entity’s obligation under a previous provision of a repealed Act or the amended Act if the obligation applied to the entity immediately before the commencement;\n- (d) an entity’s protection under a previous provision of a repealed Act or the amended Act that applied to the entity immediately before the commencement.\n- (a) continues in force or to have effect according to its terms; and\n- (b) may be taken to have been made, kept or done under the corresponding provision.","sortOrder":695},{"sectionNumber":"sec.508","sectionType":"section","heading":"Things continued in force under repealed Act or amended Act","content":"### sec.508 Things continued in force under repealed Act or amended Act\n\nThis section applies to a thing (the thing ) that happened under an Act other than a repealed Act or the amended Act but that, under a previous provision of a repealed Act or the amended Act, continued to have effect.\nIf the thing is in effect immediately before the commencement, the thing continues to have effect under this Act.\nMatters in relation to the thing are to be done under this Act unless a previous provision of a repealed Act or the amended Act provides otherwise, and for that purpose, the provision continues to have effect.\nThis section does not limit section 507 or another provision of this part about the thing.\n(sec.508-ssec.1) This section applies to a thing (the thing ) that happened under an Act other than a repealed Act or the amended Act but that, under a previous provision of a repealed Act or the amended Act, continued to have effect.\n(sec.508-ssec.2) If the thing is in effect immediately before the commencement, the thing continues to have effect under this Act.\n(sec.508-ssec.3) Matters in relation to the thing are to be done under this Act unless a previous provision of a repealed Act or the amended Act provides otherwise, and for that purpose, the provision continues to have effect.\n(sec.508-ssec.4) This section does not limit section 507 or another provision of this part about the thing.","sortOrder":696},{"sectionNumber":"sec.509","sectionType":"section","heading":"Terminology in things mentioned in s 507(1)","content":"### sec.509 Terminology in things mentioned in s 507(1)\n\nThis section applies to a document (the relevant document ) that is—\na document mentioned in section 507(1); or\nevidence of a document, action, obligation or protection mentioned in section 507(1).\nA reference in the relevant document to a document, action, obligation or protection mentioned in section 507(1) is to be read, if the context permits and with the necessary changes to terminology, as if the document, action, obligation or protection were made, kept, done or otherwise provided for under this Act.\nAn instrument of appointment given under a repealed Act by the chief executive to an inspector limiting the powers of the inspector is to be read as if the instrument limited the powers of the inspector under this Act.\n(sec.509-ssec.1) This section applies to a document (the relevant document ) that is— a document mentioned in section 507(1); or evidence of a document, action, obligation or protection mentioned in section 507(1).\n(sec.509-ssec.2) A reference in the relevant document to a document, action, obligation or protection mentioned in section 507(1) is to be read, if the context permits and with the necessary changes to terminology, as if the document, action, obligation or protection were made, kept, done or otherwise provided for under this Act. An instrument of appointment given under a repealed Act by the chief executive to an inspector limiting the powers of the inspector is to be read as if the instrument limited the powers of the inspector under this Act.\n- (a) a document mentioned in section 507(1); or\n- (b) evidence of a document, action, obligation or protection mentioned in section 507(1).","sortOrder":697},{"sectionNumber":"sec.510","sectionType":"section","heading":"Period stated in previous provision","content":"### sec.510 Period stated in previous provision\n\nThis section applies if, in a previous provision of a repealed Act or the amended Act, there is a period for doing something, and the period for doing the thing started but did not finish before the commencement.\nIf there is a corresponding provision to the previous provision of the repealed Act or the amended Act and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision but ends under the corresponding provision.\n(sec.510-ssec.1) This section applies if, in a previous provision of a repealed Act or the amended Act, there is a period for doing something, and the period for doing the thing started but did not finish before the commencement.\n(sec.510-ssec.2) If there is a corresponding provision to the previous provision of the repealed Act or the amended Act and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision but ends under the corresponding provision.","sortOrder":698},{"sectionNumber":"sec.511","sectionType":"section","heading":"Period or date stated in document given under previous provision","content":"### sec.511 Period or date stated in document given under previous provision\n\nThis section applies if—\na previous provision of a repealed Act or the amended Act provided for a document to be made under it; and\nthere is a corresponding provision to the previous provision; and\nunder the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.\na notice under the Stock Route Management Act 2002 , previous section 270, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice\nIf the document stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\nIf the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sec.511-ssec.1) This section applies if— a previous provision of a repealed Act or the amended Act provided for a document to be made under it; and there is a corresponding provision to the previous provision; and under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. a notice under the Stock Route Management Act 2002 , previous section 270, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice\n(sec.511-ssec.2) If the document stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n(sec.511-ssec.3) If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n- (a) a previous provision of a repealed Act or the amended Act provided for a document to be made under it; and\n- (b) there is a corresponding provision to the previous provision; and\n- (c) under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement. Example for paragraph (c)— a notice under the Stock Route Management Act 2002 , previous section 270, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.","sortOrder":699},{"sectionNumber":"sec.512","sectionType":"section","heading":"Action happening before commencement may be relevant to proceeding for particular acts or omissions","content":"### sec.512 Action happening before commencement may be relevant to proceeding for particular acts or omissions\n\nAn action mentioned in section 507(1)(b) is not precluded from having relevance to a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\nThis section does not limit the Acts Interpretation Act 1954 , section 20C.\nIn this section—\ncontravention includes an alleged contravention.\n(sec.512-ssec.1) An action mentioned in section 507(1)(b) is not precluded from having relevance to a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\n(sec.512-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 20C.\n(sec.512-ssec.3) In this section— contravention includes an alleged contravention.","sortOrder":700},{"sectionNumber":"sec.513","sectionType":"section","heading":"Acts Interpretation Act 1954, s 20 not limited","content":"### sec.513 Acts Interpretation Act 1954, s 20 not limited\n\nThis chapter and schedule 3 do not limit the Acts Interpretation Act 1954 , section 20.\ns 513 amd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)","sortOrder":701},{"sectionNumber":"ch.19-pt.2-div.2","sectionType":"division","heading":"Particular transitional matters","content":"## Particular transitional matters","sortOrder":702},{"sectionNumber":"sec.514","sectionType":"section","heading":"Transitional provisions for particular matters in sch 3","content":"### sec.514 Transitional provisions for particular matters in sch 3\n\nFor the operation of particular chapters of this Act, schedule 3, part 1 provides examples of matters dealt with under a repealed Act or the amended Act.\nSchedule 3, part 2 provides for general transitional matters for repealed Acts and the amended Act.\nSchedule 3, part 3 provides for particular transitional matters for repealed provisions or amended provisions of Acts.\ns 514 amd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sec.514-ssec.1) For the operation of particular chapters of this Act, schedule 3, part 1 provides examples of matters dealt with under a repealed Act or the amended Act.\n(sec.514-ssec.2) Schedule 3, part 2 provides for general transitional matters for repealed Acts and the amended Act.\n(sec.514-ssec.3) Schedule 3, part 3 provides for particular transitional matters for repealed provisions or amended provisions of Acts.","sortOrder":703},{"sectionNumber":"ch.19-pt.3","sectionType":"part","heading":"Transitional provision for Agriculture and Other Legislation Amendment Act 2020","content":"# Transitional provision for Agriculture and Other Legislation Amendment Act 2020","sortOrder":704},{"sectionNumber":"sec.515","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.515 Proceedings for particular offences\n\nThis section applies in relation to an offence against the Biosecurity Regulation 2016 , section 41C, as in force immediately before the commencement, committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Agriculture and Other Legislation Amendment Act 2020 , section 46 had not commenced.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 515 prev s 515 exp 1 July 2017 (see s 515(4))\npres s 515 ins 2020 No. 3 s 40\n_____\nch 19 pt 4 (s 516) ins 2024 No. 17 s 117A (uncommenced amendment)\n(sec.515-ssec.1) This section applies in relation to an offence against the Biosecurity Regulation 2016 , section 41C, as in force immediately before the commencement, committed by a person before the commencement.\n(sec.515-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Agriculture and Other Legislation Amendment Act 2020 , section 46 had not commenced.\n(sec.515-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .","sortOrder":705},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Note—","content":"# Note—","sortOrder":706},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Aquatic diseases, parasites and viruses","content":"# Aquatic diseases, parasites and viruses","sortOrder":707},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Animal diseases, parasites and viruses","content":"# Animal diseases, parasites and viruses","sortOrder":708},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Invasive biosecurity matter—invasive plants","content":"# Invasive biosecurity matter—invasive plants","sortOrder":709},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Invasive biosecurity matter—invasive animals","content":"# Invasive biosecurity matter—invasive animals","sortOrder":710},{"sectionNumber":"sch.1-pt.5","sectionType":"part","heading":"Marine animals and plants","content":"# Marine animals and plants","sortOrder":711},{"sectionNumber":"sch.1-pt.6","sectionType":"part","heading":"Noxious fish","content":"# Noxious fish","sortOrder":712},{"sectionNumber":"sch.1-pt.7","sectionType":"part","heading":"Prohibited matter affecting plants","content":"# Prohibited matter affecting plants","sortOrder":713},{"sectionNumber":"sch.1-pt.8","sectionType":"part","heading":"Tramp ants","content":"# Tramp ants","sortOrder":714},{"sectionNumber":"sch.2-pt","sectionType":"part","heading":"Note—","content":"# Note—","sortOrder":715},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Restricted matter—other than invasive biosecurity matter","content":"# Restricted matter—other than invasive biosecurity matter","sortOrder":716},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Restricted matter—invasive biosecurity matter","content":"# Restricted matter—invasive biosecurity matter","sortOrder":717},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Examples of matters dealt with under repealed Acts and amended Act","content":"# Examples of matters dealt with under repealed Acts and amended Act","sortOrder":718},{"sectionNumber":"sch.3-pt.1-div.1","sectionType":"division","heading":"Examples for chapter 2","content":"## Examples for chapter 2","sortOrder":719},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Examples for ch 2 of documents under s 507","content":"### sch.3-sec.1 Examples for ch 2 of documents under s 507\n\nFor the operation of chapter 2, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\na regulation declaring a pest to be a serious pest under the Plant Protection Act 1989 , previous section 6P(1);\na gazette notice under the Plant Protection Act 1989 , previous section 6P(2).\n- (a) a regulation declaring a pest to be a serious pest under the Plant Protection Act 1989 , previous section 6P(1);\n- (b) a gazette notice under the Plant Protection Act 1989 , previous section 6P(2).","sortOrder":720},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Example for ch 2 of actions under s 507","content":"### sch.3-sec.2 Example for ch 2 of actions under s 507\n\nFor the operation of chapter 2, declaring a pest to be a serious pest under the Plant Protection Act 1989 , previous section 6P is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":721},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Example for ch 2 of obligations under s 507","content":"### sch.3-sec.3 Example for ch 2 of obligations under s 507\n\nFor the operation of chapter 2, an obligation under the Exotic Diseases in Animals Act 1981 , previous section 8 to report the presence of a disease mentioned in schedule 1 is an example of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act.","sortOrder":722},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Example for ch 2 of protections under s 507","content":"### sch.3-sec.4 Example for ch 2 of protections under s 507\n\nFor the operation of chapter 2, the statement that a person does not commit an offence of feeding a declared pest animal in particular circumstances under the Stock Route Management Act 2002 , previous section 40(2) is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":723},{"sectionNumber":"sch.3-pt.1-div.2","sectionType":"division","heading":"Examples for chapter 3","content":"## Examples for chapter 3","sortOrder":724},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Examples for ch 3 of documents under s 507","content":"### sch.3-sec.5 Examples for ch 3 of documents under s 507\n\nFor the operation of chapter 3, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\na pest management plan under the Stock Route Management Act 2002 , previous section 25;\na notice under the Stock Route Management Act 2002 , previous section 184 directing a local government to take action.\n- (a) a pest management plan under the Stock Route Management Act 2002 , previous section 25;\n- (b) a notice under the Stock Route Management Act 2002 , previous section 184 directing a local government to take action.","sortOrder":725},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Examples for ch 3 of actions under s 507","content":"### sch.3-sec.6 Examples for ch 3 of actions under s 507\n\nFor the operation of chapter 3, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\na direction under the Stock Route Management Act 2002 , previous section 184 by the Minister to a local government for the local government to perform a function or obligation under the repealed Act or the amended Act;\nthe performance of a function by the chief executive under the Stock Route Management Act 2002 , previous section 185.\n- (a) a direction under the Stock Route Management Act 2002 , previous section 184 by the Minister to a local government for the local government to perform a function or obligation under the repealed Act or the amended Act;\n- (b) the performance of a function by the chief executive under the Stock Route Management Act 2002 , previous section 185.","sortOrder":726},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Examples for ch 3 of obligations under s 507","content":"### sch.3-sec.7 Examples for ch 3 of obligations under s 507\n\nFor the operation of chapter 3, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\na requirement under the Stock Route Management Act 2002 , previous section 25 for a local government to have a plan for managing particular pests in its local government area;\na requirement under the Stock Route Management Act 2002 , previous section 35 to make a pest management plan under that Act available for inspection;\na requirement under the Stock Route Management Act 2002 , previous section 187 for a local government to make annual payments.\n- (a) a requirement under the Stock Route Management Act 2002 , previous section 25 for a local government to have a plan for managing particular pests in its local government area;\n- (b) a requirement under the Stock Route Management Act 2002 , previous section 35 to make a pest management plan under that Act available for inspection;\n- (c) a requirement under the Stock Route Management Act 2002 , previous section 187 for a local government to make annual payments.","sortOrder":727},{"sectionNumber":"sch.3-pt.1-div.3","sectionType":"division","heading":"Examples for chapter 5","content":"## Examples for chapter 5","sortOrder":728},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Example for ch 5 of documents under s 507","content":"### sch.3-sec.8 Example for ch 5 of documents under s 507\n\nFor the operation of chapter 5, a guideline under the Stock Route Management Act 2002 , previous section 15 is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":729},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Example for ch 5 of obligations under s 507","content":"### sch.3-sec.9 Example for ch 5 of obligations under s 507\n\nFor the operation of chapter 5, a requirement under the Stock Route Management Act 2002 , previous section 16 to make a guideline available for inspection is an example of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act.","sortOrder":730},{"sectionNumber":"sch.3-pt.1-div.4","sectionType":"division","heading":"Examples for chapter 6","content":"## Examples for chapter 6","sortOrder":731},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Examples for ch 6 of documents under s 507","content":"### sch.3-sec.10 Examples for ch 6 of documents under s 507\n\nFor the operation of chapter 6, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\na notice under the Plant Protection Act 1989 , previous section 8 prohibiting the introduction of a particular pest into the State;\na notice that an area is in quarantine under the Plant Protection Act 1989 , previous section 11;\na notice under the Exotic Diseases in Animals Act 1981 , previous section 10A restricting movement in an area.\n- (a) a notice under the Plant Protection Act 1989 , previous section 8 prohibiting the introduction of a particular pest into the State;\n- (b) a notice that an area is in quarantine under the Plant Protection Act 1989 , previous section 11;\n- (c) a notice under the Exotic Diseases in Animals Act 1981 , previous section 10A restricting movement in an area.","sortOrder":732},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Examples for ch 6 of actions under s 507","content":"### sch.3-sec.11 Examples for ch 6 of actions under s 507\n\nFor the operation of chapter 6, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\nthe notification of an area under the Exotic Diseases in Animals Act 1981 , previous section 18 to be a control area for an exotic disease within the meaning of that Act;\nthe giving of a direction under the Plant Protection Act 1989 , previous section 13;\nthe giving or producing of a document under the Plant Protection Act 1989 , previous section 11E.\n- (a) the notification of an area under the Exotic Diseases in Animals Act 1981 , previous section 18 to be a control area for an exotic disease within the meaning of that Act;\n- (b) the giving of a direction under the Plant Protection Act 1989 , previous section 13;\n- (c) the giving or producing of a document under the Plant Protection Act 1989 , previous section 11E.","sortOrder":733},{"sectionNumber":"sch.3-sec.12","sectionType":"section","heading":"Examples for ch 6 of obligations under s 507","content":"### sch.3-sec.12 Examples for ch 6 of obligations under s 507\n\nFor the operation of chapter 6, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Plant Protection Act 1989 , previous section 11 to comply with a notice prohibiting or restricting movement of a particular thing;\nan obligation under the Exotic Diseases in Animals Act 1981 , previous section 12 to carry out stated activities in a particular area.\n- (a) an obligation under the Plant Protection Act 1989 , previous section 11 to comply with a notice prohibiting or restricting movement of a particular thing;\n- (b) an obligation under the Exotic Diseases in Animals Act 1981 , previous section 12 to carry out stated activities in a particular area.","sortOrder":734},{"sectionNumber":"sch.3-sec.13","sectionType":"section","heading":"Examples for ch 6 of protections under s 507","content":"### sch.3-sec.13 Examples for ch 6 of protections under s 507\n\nFor the operation of chapter 6, the following are examples of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act—\na protection under the Plant Protection Act 1989 , previous section 13 of a reasonable excuse for noncompliance with a direction;\na protection under the Plant Protection Act 1989 , previous section 11F that evidence derived from a document given by the individual is not admissible in evidence against the individual in any civil or criminal proceeding.\n- (a) a protection under the Plant Protection Act 1989 , previous section 13 of a reasonable excuse for noncompliance with a direction;\n- (b) a protection under the Plant Protection Act 1989 , previous section 11F that evidence derived from a document given by the individual is not admissible in evidence against the individual in any civil or criminal proceeding.","sortOrder":735},{"sectionNumber":"sch.3-pt.1-div.5","sectionType":"division","heading":"Examples for chapter 7","content":"## Examples for chapter 7","sortOrder":736},{"sectionNumber":"sch.3-sec.14","sectionType":"section","heading":"Example for ch 7 of documents under s 507","content":"### sch.3-sec.14 Example for ch 7 of documents under s 507\n\nFor the operation of chapter 7, a register under the Stock Act 1915 , previous schedule 1, section 15 is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":737},{"sectionNumber":"sch.3-sec.15","sectionType":"section","heading":"Examples for ch 7 of actions under s 507","content":"### sch.3-sec.15 Examples for ch 7 of actions under s 507\n\nFor the operation of chapter 7, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\napplying under the Apiaries Act 1982 , previous section 7 for registration as a beekeeper;\ncancelling a registration as a beekeeper under the Apiaries Act 1982 , previous section 10.\n- (a) applying under the Apiaries Act 1982 , previous section 7 for registration as a beekeeper;\n- (b) cancelling a registration as a beekeeper under the Apiaries Act 1982 , previous section 10.","sortOrder":738},{"sectionNumber":"sch.3-sec.16","sectionType":"section","heading":"Example for ch 7 of obligations under s 507","content":"### sch.3-sec.16 Example for ch 7 of obligations under s 507\n\nFor the operation of chapter 7, an obligation under the Stock Act 1915 , previous schedule 1, section 15 for particular entities or places to be registered is an example of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act.","sortOrder":739},{"sectionNumber":"sch.3-sec.17","sectionType":"section","heading":"Example for ch 7 of protections under s 507","content":"### sch.3-sec.17 Example for ch 7 of protections under s 507\n\nFor the operation of chapter 7, the statement under the Apiaries Act 1982 , previous section 8 that the chief executive may permit an applicant for renewal of registration as a beekeeper to act as if the applicant has obtained registration if the application for renewal has not been decided is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":740},{"sectionNumber":"sch.3-pt.1-div.6","sectionType":"division","heading":"Examples for chapter 8","content":"## Examples for chapter 8","sortOrder":741},{"sectionNumber":"sch.3-sec.18","sectionType":"section","heading":"Example for ch 8 of documents under s 507","content":"### sch.3-sec.18 Example for ch 8 of documents under s 507\n\nFor the operation of chapter 8, a permit under the Stock Route Management Act 2002 , previous section 61 is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":742},{"sectionNumber":"sch.3-sec.19","sectionType":"section","heading":"Examples for ch 8 of actions under s 507","content":"### sch.3-sec.19 Examples for ch 8 of actions under s 507\n\nFor the operation of chapter 8, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\napplying for a permit, or the renewal of a permit, under the Stock Route Management Act 2002 , previous section 58;\nimposing conditions on a permit under the Stock Route Management Act 2002 , previous section 62;\nrequiring the applicant for a permit to give the chief executive further information or documents under the Stock Route Management Act 2002 , previous section 59.\n- (a) applying for a permit, or the renewal of a permit, under the Stock Route Management Act 2002 , previous section 58;\n- (b) imposing conditions on a permit under the Stock Route Management Act 2002 , previous section 62;\n- (c) requiring the applicant for a permit to give the chief executive further information or documents under the Stock Route Management Act 2002 , previous section 59.","sortOrder":743},{"sectionNumber":"sch.3-sec.20","sectionType":"section","heading":"Examples for ch 8 of obligations under s 507","content":"### sch.3-sec.20 Examples for ch 8 of obligations under s 507\n\nFor the operation of chapter 8, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Stock Route Management Act 2002 , previous section 62 to keep records about a pest to which a permit relates if keeping the record is a condition of the permit;\nan obligation under the Stock Route Management Act 2002 , previous section 72 in particular circumstances to dispose of a pest to which a permit relates.\n- (a) an obligation under the Stock Route Management Act 2002 , previous section 62 to keep records about a pest to which a permit relates if keeping the record is a condition of the permit;\n- (b) an obligation under the Stock Route Management Act 2002 , previous section 72 in particular circumstances to dispose of a pest to which a permit relates.","sortOrder":744},{"sectionNumber":"sch.3-sec.21","sectionType":"section","heading":"Example for ch 8 of protections under s 507","content":"### sch.3-sec.21 Example for ch 8 of protections under s 507\n\nFor the operation of chapter 8, a protection under the Stock Route Management Act 2002 , previous section 72, of a reasonable excuse for noncompliance with a notice requiring disposal of a declared pest under that Act is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":745},{"sectionNumber":"sch.3-pt.1-div.7","sectionType":"division","heading":"Examples for chapter 9","content":"## Examples for chapter 9","sortOrder":746},{"sectionNumber":"sch.3-sec.22","sectionType":"section","heading":"Examples for ch 9 of documents under s 507","content":"### sch.3-sec.22 Examples for ch 9 of documents under s 507\n\nFor the operation of chapter 9, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\nan authorisation under the Plant Protection Act 1989 , previous section 20B of a program for surveillance of a thing mentioned in the authorisation;\na program under the Stock Act 1915 , previous section 30 to eradicate particular matter.\n- (a) an authorisation under the Plant Protection Act 1989 , previous section 20B of a program for surveillance of a thing mentioned in the authorisation;\n- (b) a program under the Stock Act 1915 , previous section 30 to eradicate particular matter.","sortOrder":747},{"sectionNumber":"sch.3-sec.23","sectionType":"section","heading":"Example for ch 9 of actions under s 507","content":"### sch.3-sec.23 Example for ch 9 of actions under s 507\n\nFor the operation of chapter 9, an inspector exercising powers to monitor movement of plants in an area the subject of a program for surveillance under the Plant Protection Act 1989 , previous section 20E is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":748},{"sectionNumber":"sch.3-sec.24","sectionType":"section","heading":"Examples for ch 9 of obligations under s 507","content":"### sch.3-sec.24 Examples for ch 9 of obligations under s 507\n\nFor the operation of chapter 9, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Plant Protection Act 1989 , previous section 20B that the chief executive ensure each inspector who is proposed to act under a program for surveillance of a thing is informed of particular things relating to the program;\nan obligation under the Stock Act 1915 , previous section 30 not to interfere with a step taken by an inspector under a program.\n- (a) an obligation under the Plant Protection Act 1989 , previous section 20B that the chief executive ensure each inspector who is proposed to act under a program for surveillance of a thing is informed of particular things relating to the program;\n- (b) an obligation under the Stock Act 1915 , previous section 30 not to interfere with a step taken by an inspector under a program.","sortOrder":749},{"sectionNumber":"sch.3-pt.1-div.8","sectionType":"division","heading":"Examples for chapter 10","content":"## Examples for chapter 10","sortOrder":750},{"sectionNumber":"sch.3-sec.25","sectionType":"section","heading":"Examples for ch 10 of documents under s 507","content":"### sch.3-sec.25 Examples for ch 10 of documents under s 507\n\nFor the operation of chapter 10, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\nan identity card issued to an inspector or authorised person under the Exotic Diseases in Animals Act 1981 , previous section 19C;\nan acknowledgement given under the Stock Route Management Act 2002 , previous section 252 of consent for an inspector or authorised person to enter a place;\na warrant issued under the Plant Protection Act 1989 , previous section 20;\na notice under the Stock Route Management Act 2002 , previous section 270 requiring a person to take a thing to be seized to a stated place;\na notice under the Apiaries Act 1982 , previous section 27(9) requiring a person to give a document;\na receipt for a seized thing under the Stock Route Management Act 2002 , previous section 271;\nan information notice under the Stock Route Management Act 2002 , previous section 63.\n- (a) an identity card issued to an inspector or authorised person under the Exotic Diseases in Animals Act 1981 , previous section 19C;\n- (b) an acknowledgement given under the Stock Route Management Act 2002 , previous section 252 of consent for an inspector or authorised person to enter a place;\n- (c) a warrant issued under the Plant Protection Act 1989 , previous section 20;\n- (d) a notice under the Stock Route Management Act 2002 , previous section 270 requiring a person to take a thing to be seized to a stated place;\n- (e) a notice under the Apiaries Act 1982 , previous section 27(9) requiring a person to give a document;\n- (f) a receipt for a seized thing under the Stock Route Management Act 2002 , previous section 271;\n- (g) an information notice under the Stock Route Management Act 2002 , previous section 63.","sortOrder":751},{"sectionNumber":"sch.3-sec.26","sectionType":"section","heading":"Examples for ch 10 of actions under s 507","content":"### sch.3-sec.26 Examples for ch 10 of actions under s 507\n\nFor the operation of chapter 10, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\nthe appointment of an inspector under the Stock Act 1915 , previous section 4D;\nthe giving of a direction under the Stock Act 1915 , previous section 33.\n- (a) the appointment of an inspector under the Stock Act 1915 , previous section 4D;\n- (b) the giving of a direction under the Stock Act 1915 , previous section 33.","sortOrder":752},{"sectionNumber":"sch.3-sec.27","sectionType":"section","heading":"Examples for ch 10 of obligations under s 507","content":"### sch.3-sec.27 Examples for ch 10 of obligations under s 507\n\nFor the operation of chapter 10, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Stock Act 1915 , previous section 4J for a person to return the person’s identity card to the chief executive if the office of the person as an inspector ends;\nan obligation under the Apiaries Act 1982 , previous section 27 requiring a person to give information or produce a document;\nan obligation under the Stock Route Management Act 2002 , previous section 285 for an authorised person to give notice of the particulars of damage to anything;\na requirement under the Stock Route Management Act 2002 , previous section 270 to take a thing to be seized to a stated place;\nan obligation under the Agricultural Standards Act 1994 , previous section 29 to return a seized thing to the person from whom it is seized or its owner;\nan obligation under the Stock Route Management Act 2002 , previous section 273 to allow an owner of a seized thing to inspect the thing;\na requirement under the Stock Route Management Act 2002 , previous section 16 to make a particular document available for inspection.\n- (a) an obligation under the Stock Act 1915 , previous section 4J for a person to return the person’s identity card to the chief executive if the office of the person as an inspector ends;\n- (b) an obligation under the Apiaries Act 1982 , previous section 27 requiring a person to give information or produce a document;\n- (c) an obligation under the Stock Route Management Act 2002 , previous section 285 for an authorised person to give notice of the particulars of damage to anything;\n- (d) a requirement under the Stock Route Management Act 2002 , previous section 270 to take a thing to be seized to a stated place;\n- (e) an obligation under the Agricultural Standards Act 1994 , previous section 29 to return a seized thing to the person from whom it is seized or its owner;\n- (f) an obligation under the Stock Route Management Act 2002 , previous section 273 to allow an owner of a seized thing to inspect the thing;\n- (g) a requirement under the Stock Route Management Act 2002 , previous section 16 to make a particular document available for inspection.","sortOrder":753},{"sectionNumber":"sch.3-sec.28","sectionType":"section","heading":"Examples for ch 10 of protections under s 507","content":"### sch.3-sec.28 Examples for ch 10 of protections under s 507\n\nFor the operation of chapter 10, the following are examples of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act—\na right for a person to claim compensation under the Agricultural Standards Act 1994 , previous section 41;\nthe statement in the Plant Protection Act 1989 , previous section 20AA that evidence that may tend to incriminate an individual, derived from information the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\na protection under the Plant Protection Act 1989 , previous section 19 of a reasonable excuse for noncompliance with a requirement;\na statement under the Apiaries Act 1982 , previous section 32 that an inspector is not liable for damage caused in particular circumstances.\n- (a) a right for a person to claim compensation under the Agricultural Standards Act 1994 , previous section 41;\n- (b) the statement in the Plant Protection Act 1989 , previous section 20AA that evidence that may tend to incriminate an individual, derived from information the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\n- (c) a protection under the Plant Protection Act 1989 , previous section 19 of a reasonable excuse for noncompliance with a requirement;\n- (d) a statement under the Apiaries Act 1982 , previous section 32 that an inspector is not liable for damage caused in particular circumstances.","sortOrder":754},{"sectionNumber":"sch.3-pt.1-div.9","sectionType":"division","heading":"Examples for chapter 11","content":"## Examples for chapter 11","sortOrder":755},{"sectionNumber":"sch.3-sec.29","sectionType":"section","heading":"Example for ch 11 of documents under s 507","content":"### sch.3-sec.29 Example for ch 11 of documents under s 507\n\nFor the operation of chapter 11, an application for compensation under the Diseases in Timber Act 1975 , previous section 11 is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":756},{"sectionNumber":"sch.3-sec.30","sectionType":"section","heading":"Example for ch 11 of actions under s 507","content":"### sch.3-sec.30 Example for ch 11 of actions under s 507\n\nFor the operation of chapter 11, the payment of compensation in particular circumstances under the Exotic Diseases in Animals Act 1981 , previous section 29 is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":757},{"sectionNumber":"sch.3-sec.31","sectionType":"section","heading":"Example for ch 11 of obligations under s 507","content":"### sch.3-sec.31 Example for ch 11 of obligations under s 507\n\nFor the operation of chapter 11, an obligation under the Stock Act 1915 , previous section 31 for a person applying for compensation to apply in the way prescribed is an example of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act.","sortOrder":758},{"sectionNumber":"sch.3-sec.32","sectionType":"section","heading":"Example for ch 11 of protections under s 507","content":"### sch.3-sec.32 Example for ch 11 of protections under s 507\n\nFor the operation of chapter 11, the statement that a person is entitled to compensation for loss or damage in particular circumstances under the Plant Protection Act 1989 , previous section 14 is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":759},{"sectionNumber":"sch.3-pt.1-div.10","sectionType":"division","heading":"Examples for chapter 12","content":"## Examples for chapter 12","sortOrder":760},{"sectionNumber":"sch.3-sec.33","sectionType":"section","heading":"Examples for ch 12 of documents under s 507","content":"### sch.3-sec.33 Examples for ch 12 of documents under s 507\n\nFor the operation of chapter 12, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\na certificate under the Agricultural Standards Act 1994 , previous section 61 purporting to be signed by the chief executive stating a particular matter;\nan order under the Stock Route Management Act 2002 , previous section 295 requiring a person convicted of an offence to pay the State or local government the costs of taking particular action.\n- (a) a certificate under the Agricultural Standards Act 1994 , previous section 61 purporting to be signed by the chief executive stating a particular matter;\n- (b) an order under the Stock Route Management Act 2002 , previous section 295 requiring a person convicted of an offence to pay the State or local government the costs of taking particular action.","sortOrder":761},{"sectionNumber":"sch.3-sec.34","sectionType":"section","heading":"Examples for ch 12 of actions under s 507","content":"### sch.3-sec.34 Examples for ch 12 of actions under s 507\n\nFor the operation of chapter 12, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\napplying for internal review of a decision under the Agricultural Standards Act 1994 , previous section 48;\nthe giving by QCAT of a stay of a decision under the Agricultural Standards Act 1994 , previous section 50, if an application is made for an internal review of the decision.\n- (a) applying for internal review of a decision under the Agricultural Standards Act 1994 , previous section 48;\n- (b) the giving by QCAT of a stay of a decision under the Agricultural Standards Act 1994 , previous section 50, if an application is made for an internal review of the decision.","sortOrder":762},{"sectionNumber":"sch.3-sec.35","sectionType":"section","heading":"Examples for ch 12 of protections under s 507","content":"### sch.3-sec.35 Examples for ch 12 of protections under s 507\n\nFor the operation of chapter 12, the following are examples of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act—\nthe right to apply for an internal review of a decision made under the Plant Protection Act 1989 , previous section 21M;\nthe right to apply for a stay of a decision the subject of an application for internal review under the Agricultural Standards Act 1994 , previous section 50.\n- (a) the right to apply for an internal review of a decision made under the Plant Protection Act 1989 , previous section 21M;\n- (b) the right to apply for a stay of a decision the subject of an application for internal review under the Agricultural Standards Act 1994 , previous section 50.","sortOrder":763},{"sectionNumber":"sch.3-pt.1-div.11","sectionType":"division","heading":"Examples for chapter 13","content":"## Examples for chapter 13","sortOrder":764},{"sectionNumber":"sch.3-sec.36","sectionType":"section","heading":"Example for ch 13 of documents under s 507","content":"### sch.3-sec.36 Example for ch 13 of documents under s 507\n\nFor the operation of chapter 13, a direction or an order under the Stock Act 1915 , previous section 15 to destroy a particular thing is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":765},{"sectionNumber":"sch.3-sec.37","sectionType":"section","heading":"Examples for ch 13 of actions under s 507","content":"### sch.3-sec.37 Examples for ch 13 of actions under s 507\n\nFor the operation of chapter 13, the giving of an order under the Exotic Diseases in Animals Act 1981 , previous section 12 is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":766},{"sectionNumber":"sch.3-sec.38","sectionType":"section","heading":"Examples for ch 13 of obligations under s 507","content":"### sch.3-sec.38 Examples for ch 13 of obligations under s 507\n\nFor the operation of chapter 13, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Stock Act 1915 , previous section 15 to destroy a particular thing;\na requirement under the Exotic Diseases in Animals Act 1981 , previous section 19 to comply with an order.\n- (a) an obligation under the Stock Act 1915 , previous section 15 to destroy a particular thing;\n- (b) a requirement under the Exotic Diseases in Animals Act 1981 , previous section 19 to comply with an order.","sortOrder":767},{"sectionNumber":"sch.3-sec.39","sectionType":"section","heading":"Example for ch 13 of protections under s 507","content":"### sch.3-sec.39 Example for ch 13 of protections under s 507\n\nFor the operation of chapter 13, a statement under the Plant Protection Act 1989 , previous section 14 that a person is not required to comply with a direction or order if the person has a reasonable excuse is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":768},{"sectionNumber":"sch.3-pt.1-div.12","sectionType":"division","heading":"Examples for chapter 14","content":"## Examples for chapter 14","sortOrder":769},{"sectionNumber":"sch.3-sec.40","sectionType":"section","heading":"Example for ch 14 of documents under s 507","content":"### sch.3-sec.40 Example for ch 14 of documents under s 507\n\nFor the operation of chapter 14, an intergovernmental agreement under the Plant Protection Act 1989 , previous section 21L is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":770},{"sectionNumber":"sch.3-sec.41","sectionType":"section","heading":"Example for ch 14 of actions under s 507","content":"### sch.3-sec.41 Example for ch 14 of actions under s 507\n\nFor the operation of chapter 14, entering into an agreement under the Plant Protection Act 1989 , previous section 21L is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":771},{"sectionNumber":"sch.3-pt.1-div.13","sectionType":"division","heading":"Examples for chapter 15","content":"## Examples for chapter 15","sortOrder":772},{"sectionNumber":"sch.3-sec.42","sectionType":"section","heading":"Examples for ch 15 of documents under s 507","content":"### sch.3-sec.42 Examples for ch 15 of documents under s 507\n\nFor the operation of chapter 15, the following are examples of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act—\na certificate under the Plant Protection Act 1989 , previous section 21 that makes a statement about the existence of a fact;\nan application for the grant of an accreditation under the Plant Protection Act 1989 , previous section 21A;\na register of persons accredited under the Plant Protection Act 1989 , previous section 21D.\n- (a) a certificate under the Plant Protection Act 1989 , previous section 21 that makes a statement about the existence of a fact;\n- (b) an application for the grant of an accreditation under the Plant Protection Act 1989 , previous section 21A;\n- (c) a register of persons accredited under the Plant Protection Act 1989 , previous section 21D.","sortOrder":773},{"sectionNumber":"sch.3-sec.43","sectionType":"section","heading":"Examples for ch 15 of actions under s 507","content":"### sch.3-sec.43 Examples for ch 15 of actions under s 507\n\nFor the operation of chapter 15, the following are examples of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act—\ngiving a certificate under the Plant Protection Act 1989 , previous section 21 by a person who is accredited to give the certificate;\ngranting an accreditation under the Plant Protection Act 1989 , previous section 21A;\nimposing conditions on an accreditation under the Plant Protection Act 1989 , previous section 21C.\n- (a) giving a certificate under the Plant Protection Act 1989 , previous section 21 by a person who is accredited to give the certificate;\n- (b) granting an accreditation under the Plant Protection Act 1989 , previous section 21A;\n- (c) imposing conditions on an accreditation under the Plant Protection Act 1989 , previous section 21C.","sortOrder":774},{"sectionNumber":"sch.3-sec.44","sectionType":"section","heading":"Examples for ch 15 of obligations under s 507","content":"### sch.3-sec.44 Examples for ch 15 of obligations under s 507\n\nFor the operation of chapter 15, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Plant Protection Act 1989 , previous section 19A to pay a fee for the provision of a certificate;\nan obligation under the Plant Protection Act 1989 , previous section 21B to give an applicant for an accreditation a notice of a decision to refuse to grant the accreditation.\n- (a) an obligation under the Plant Protection Act 1989 , previous section 19A to pay a fee for the provision of a certificate;\n- (b) an obligation under the Plant Protection Act 1989 , previous section 21B to give an applicant for an accreditation a notice of a decision to refuse to grant the accreditation.","sortOrder":775},{"sectionNumber":"sch.3-pt.1-div.14","sectionType":"division","heading":"Examples for chapter 17","content":"## Examples for chapter 17","sortOrder":776},{"sectionNumber":"sch.3-sec.45","sectionType":"section","heading":"Example for ch 17 of documents under s 507","content":"### sch.3-sec.45 Example for ch 17 of documents under s 507\n\nFor the operation of chapter 17, a notice given under the Plant Protection Act 1989 , previous section 21G is, if the chief executive proposes to cancel, suspend or amend an accreditation, an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":777},{"sectionNumber":"sch.3-sec.46","sectionType":"section","heading":"Example for ch 17 of actions under s 507","content":"### sch.3-sec.46 Example for ch 17 of actions under s 507\n\nFor the operation of chapter 17, cancelling, suspending or amending an accreditation under the Plant Protection Act 1989 , previous section 21G is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":778},{"sectionNumber":"sch.3-sec.47","sectionType":"section","heading":"Examples for ch 17 of obligations under s 507","content":"### sch.3-sec.47 Examples for ch 17 of obligations under s 507\n\nFor the operation of chapter 17, the following are examples of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act—\nan obligation under the Plant Protection Act 1989 , previous section 21G to give notice of cancelling, suspending or amending an accreditation;\nan obligation under the Plant Protection Act 1989 , previous section 21H to return a cancelled, suspended or amended accreditation in particular circumstances.\n- (a) an obligation under the Plant Protection Act 1989 , previous section 21G to give notice of cancelling, suspending or amending an accreditation;\n- (b) an obligation under the Plant Protection Act 1989 , previous section 21H to return a cancelled, suspended or amended accreditation in particular circumstances.","sortOrder":779},{"sectionNumber":"sch.3-sec.48","sectionType":"section","heading":"Example for ch 17 of protections under s 507","content":"### sch.3-sec.48 Example for ch 17 of protections under s 507\n\nFor the operation of chapter 17, a protection under the Plant Protection Act 1989 , previous section 21H of a reasonable excuse for noncompliance with a notice to return a cancelled, suspended or amended accreditation is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":780},{"sectionNumber":"sch.3-pt.1-div.15","sectionType":"division","heading":"Examples for chapter 18","content":"## Examples for chapter 18","sortOrder":781},{"sectionNumber":"sch.3-sec.49","sectionType":"section","heading":"Example for ch 18 of documents under s 507","content":"### sch.3-sec.49 Example for ch 18 of documents under s 507\n\nFor the operation of chapter 18, a document containing confidential information about a person that must not be disclosed under the Stock Route Management Act 2002 , previous section 224B other than for particular purposes is an example of a document mentioned in section 507(1)(a) for matters dealt with under a repealed Act or the amended Act.","sortOrder":782},{"sectionNumber":"sch.3-sec.50","sectionType":"section","heading":"Example for ch 18 of actions under s 507","content":"### sch.3-sec.50 Example for ch 18 of actions under s 507\n\nFor the operation of chapter 18, a limitation under the Plant Protection Act 1989 , previous section 11B on the review of particular decisions and actions is an example of an action mentioned in section 507(1)(b) for matters dealt with under a repealed Act or the amended Act.","sortOrder":783},{"sectionNumber":"sch.3-sec.51","sectionType":"section","heading":"Examples for ch 18 of obligations under s 507","content":"### sch.3-sec.51 Examples for ch 18 of obligations under s 507\n\nFor the operation of chapter 18, an obligation under the Stock Route Management Act 2002 , previous section 224B not to disclose confidential information gained by a person in administering or performing a function under the repealed Act or the amended Act is an example of an obligation mentioned in section 507(1)(c) for matters dealt with under a repealed Act or the amended Act.","sortOrder":784},{"sectionNumber":"sch.3-sec.52","sectionType":"section","heading":"Example for ch 18 of protections under s 507","content":"### sch.3-sec.52 Example for ch 18 of protections under s 507\n\nFor the operation of chapter 18, a statement under the Stock Route Management Act 2002 , previous section 307 that a particular person does not incur civil liability for an act done, or omission made, honestly and without negligence under the repealed Act or the amended Act is an example of a protection mentioned in section 507(1)(d) for matters dealt with under a repealed Act or the amended Act.","sortOrder":785},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Transitional provisions for repealed Acts and amended Act—general matters","content":"# Transitional provisions for repealed Acts and amended Act—general matters","sortOrder":786},{"sectionNumber":"sch.3-sec.53","sectionType":"section","heading":"Pt 2 prevails over ch 19 , pt 2 , div 1 , sdiv 2 of the Act and pt 1","content":"### sch.3-sec.53 Pt 2 prevails over ch 19 , pt 2 , div 1 , sdiv 2 of the Act and pt 1\n\nIf a provision of this part is inconsistent with chapter 19 , part 2 , division 1 , subdivision 2 of the Act or part 1 , the provision prevails to the extent of the inconsistency.","sortOrder":787},{"sectionNumber":"sch.3-sec.54","sectionType":"section","heading":"Existing inspectors","content":"### sch.3-sec.54 Existing inspectors\n\nThis section applies to a person who—\nbefore the commencement, was appointed under a repealed Act as an inspector; and\nstill held the appointment immediately before the commencement.\nThe relevant repealed Acts are the Agricultural Standards Act 1994 , the Apiaries Act 1982 , the Exotic Diseases in Animals Act 1981 , the Plant Protection Act 1989 and the Stock Act 1915 .\nOn the commencement, the person is taken to hold office under this Act as an inspector for this Act on the conditions stated in the person’s instrument of appointment under the repealed Act.\n(sch.3-sec.54-ssec.1) This section applies to a person who— before the commencement, was appointed under a repealed Act as an inspector; and still held the appointment immediately before the commencement. The relevant repealed Acts are the Agricultural Standards Act 1994 , the Apiaries Act 1982 , the Exotic Diseases in Animals Act 1981 , the Plant Protection Act 1989 and the Stock Act 1915 .\n(sch.3-sec.54-ssec.2) On the commencement, the person is taken to hold office under this Act as an inspector for this Act on the conditions stated in the person’s instrument of appointment under the repealed Act.\n- (a) before the commencement, was appointed under a repealed Act as an inspector; and\n- (b) still held the appointment immediately before the commencement. Note— The relevant repealed Acts are the Agricultural Standards Act 1994 , the Apiaries Act 1982 , the Exotic Diseases in Animals Act 1981 , the Plant Protection Act 1989 and the Stock Act 1915 .","sortOrder":788},{"sectionNumber":"sch.3-sec.55","sectionType":"section","heading":"Existing inspectors under Chemical Usage (Agricultural and Veterinary) Control Act 1988","content":"### sch.3-sec.55 Existing inspectors under Chemical Usage (Agricultural and Veterinary) Control Act 1988\n\nThis section applies to a person who—\nbefore the commencement, was appointed under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 as an inspector; and\nstill held the appointment immediately before the commencement.\nOn the commencement—\nthe person’s appointment as an inspector under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 continues; and\nthe person is taken to hold office under this Act as an inspector for this Act on the conditions stated in the person’s instrument of appointment under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 .\n(sch.3-sec.55-ssec.1) This section applies to a person who— before the commencement, was appointed under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 as an inspector; and still held the appointment immediately before the commencement.\n(sch.3-sec.55-ssec.2) On the commencement— the person’s appointment as an inspector under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 continues; and the person is taken to hold office under this Act as an inspector for this Act on the conditions stated in the person’s instrument of appointment under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 .\n- (a) before the commencement, was appointed under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 as an inspector; and\n- (b) still held the appointment immediately before the commencement.\n- (a) the person’s appointment as an inspector under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 continues; and\n- (b) the person is taken to hold office under this Act as an inspector for this Act on the conditions stated in the person’s instrument of appointment under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 .","sortOrder":789},{"sectionNumber":"sch.3-sec.56","sectionType":"section","heading":"Existing authorised persons under Plant Protection Act 1989","content":"### sch.3-sec.56 Existing authorised persons under Plant Protection Act 1989\n\nThis section applies to a person who—\nbefore the commencement, was appointed under the Plant Protection Act 1989 as an authorised person; and\nstill held the appointment immediately before the commencement.\nOn the commencement, the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the Plant Protection Act 1989 .\n(sch.3-sec.56-ssec.1) This section applies to a person who— before the commencement, was appointed under the Plant Protection Act 1989 as an authorised person; and still held the appointment immediately before the commencement.\n(sch.3-sec.56-ssec.2) On the commencement, the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the Plant Protection Act 1989 .\n- (a) before the commencement, was appointed under the Plant Protection Act 1989 as an authorised person; and\n- (b) still held the appointment immediately before the commencement.","sortOrder":790},{"sectionNumber":"sch.3-sec.57","sectionType":"section","heading":"Existing authorised persons under Stock Route Management Act 2002","content":"### sch.3-sec.57 Existing authorised persons under Stock Route Management Act 2002\n\nThis section applies to a person who—\nbefore the commencement, was appointed under a previous provision of the amended Act as an authorised person; and\nstill held the appointment immediately before the commencement.\nOn the commencement—\nthe person’s appointment as an authorised person under the amended Act continues; and\nthe person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the amended Act.\n(sch.3-sec.57-ssec.1) This section applies to a person who— before the commencement, was appointed under a previous provision of the amended Act as an authorised person; and still held the appointment immediately before the commencement.\n(sch.3-sec.57-ssec.2) On the commencement— the person’s appointment as an authorised person under the amended Act continues; and the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the amended Act.\n- (a) before the commencement, was appointed under a previous provision of the amended Act as an authorised person; and\n- (b) still held the appointment immediately before the commencement.\n- (a) the person’s appointment as an authorised person under the amended Act continues; and\n- (b) the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the amended Act.","sortOrder":791},{"sectionNumber":"sch.3-sec.58","sectionType":"section","heading":"Existing forest officers","content":"### sch.3-sec.58 Existing forest officers\n\nThis section applies to a person who—\nbefore the commencement, was appointed under the Forestry Act 1959 as a forest officer; and\nstill held the appointment immediately before the commencement.\nA forest officer under the repealed Diseases in Timber Act 1975 is a forest officer appointed under the Forestry Act 1959 .\nOn the commencement—\nthe person’s appointment as a forest officer under the Forestry Act 1959 continues; and\nthe person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the Forestry Act 1959 .\n(sch.3-sec.58-ssec.1) This section applies to a person who— before the commencement, was appointed under the Forestry Act 1959 as a forest officer; and still held the appointment immediately before the commencement. A forest officer under the repealed Diseases in Timber Act 1975 is a forest officer appointed under the Forestry Act 1959 .\n(sch.3-sec.58-ssec.2) On the commencement— the person’s appointment as a forest officer under the Forestry Act 1959 continues; and the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the Forestry Act 1959 .\n- (a) before the commencement, was appointed under the Forestry Act 1959 as a forest officer; and\n- (b) still held the appointment immediately before the commencement. Note— A forest officer under the repealed Diseases in Timber Act 1975 is a forest officer appointed under the Forestry Act 1959 .\n- (a) the person’s appointment as a forest officer under the Forestry Act 1959 continues; and\n- (b) the person is taken to hold office under this Act as an authorised person for this Act on the conditions stated in the person’s instrument of appointment under the Forestry Act 1959 .","sortOrder":792},{"sectionNumber":"sch.3-sec.59","sectionType":"section","heading":"Existing applications","content":"### sch.3-sec.59 Existing applications\n\nAn application made under a previous provision of a repealed Act or the amended Act and not decided on the commencement—\nif there is a corresponding provision for the previous provision—must be decided under the corresponding provision; or\notherwise—must be taken to have lapsed and any fee paid by the applicant for the application must be refunded in full to the applicant.\n- (a) if there is a corresponding provision for the previous provision—must be decided under the corresponding provision; or\n- (b) otherwise—must be taken to have lapsed and any fee paid by the applicant for the application must be refunded in full to the applicant.","sortOrder":793},{"sectionNumber":"sch.3-sec.60","sectionType":"section","heading":"Existing permits","content":"### sch.3-sec.60 Existing permits\n\nA permit granted under a repealed Act or the amended Act and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit, unless it is sooner cancelled, as if this Act had not been enacted.","sortOrder":794},{"sectionNumber":"sch.3-sec.61","sectionType":"section","heading":"Existing exemptions","content":"### sch.3-sec.61 Existing exemptions\n\nIf, immediately before the commencement, a person was exempted from a previous provision of a repealed Act or the amended Act, on the commencement—\nif there is a corresponding provision for the previous provision—the person is taken to be exempted from the corresponding provision; or\notherwise—the exemption continues to apply according to its terms as if this Act had not been enacted.\n- (a) if there is a corresponding provision for the previous provision—the person is taken to be exempted from the corresponding provision; or\n- (b) otherwise—the exemption continues to apply according to its terms as if this Act had not been enacted.","sortOrder":795},{"sectionNumber":"sch.3-sec.62","sectionType":"section","heading":"Declarations, directions, notices, orders and requests made by the Minister or chief executive","content":"### sch.3-sec.62 Declarations, directions, notices, orders and requests made by the Minister or chief executive\n\nThis section applies to a declaration, direction, notice, order or request (a relevant notification ) made by the Minister or chief executive under a previous provision of a repealed Act or the amended Act before the commencement and in force or effect immediately before the commencement if there is no corresponding provision for the previous provision.\nThe relevant notification—\ncontinues to apply after the commencement according to its terms; and\nmay be varied, revoked or otherwise dealt with, and enforced, as if this Act had not been enacted.\nIf the relevant notification imposed an obligation on an entity immediately before the commencement, the obligation continues to apply according to its terms as if this Act had not been enacted.\nIf the relevant notification states a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\nIf the relevant notification stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sch.3-sec.62-ssec.1) This section applies to a declaration, direction, notice, order or request (a relevant notification ) made by the Minister or chief executive under a previous provision of a repealed Act or the amended Act before the commencement and in force or effect immediately before the commencement if there is no corresponding provision for the previous provision.\n(sch.3-sec.62-ssec.2) The relevant notification— continues to apply after the commencement according to its terms; and may be varied, revoked or otherwise dealt with, and enforced, as if this Act had not been enacted.\n(sch.3-sec.62-ssec.3) If the relevant notification imposed an obligation on an entity immediately before the commencement, the obligation continues to apply according to its terms as if this Act had not been enacted.\n(sch.3-sec.62-ssec.4) If the relevant notification states a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n(sch.3-sec.62-ssec.5) If the relevant notification stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n- (a) continues to apply after the commencement according to its terms; and\n- (b) may be varied, revoked or otherwise dealt with, and enforced, as if this Act had not been enacted.\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.","sortOrder":796},{"sectionNumber":"sch.3-sec.63","sectionType":"section","heading":"Existing directions, notices and orders given by inspectors, authorised persons or forest officers","content":"### sch.3-sec.63 Existing directions, notices and orders given by inspectors, authorised persons or forest officers\n\nThis section applies to a direction, notice or order given before the commencement to a person by an inspector or authorised person under a previous provision of a repealed Act or the amended Act, or by a forest officer under the Forestry Act 1959 , whether or not the person had received the direction, notice or order before the commencement, if there is no corresponding provision for the previous provision.\nIf the direction, notice or order imposed an obligation on the person immediately before the commencement, the obligation continues to apply according to its terms as if this Act had not been enacted.\nIf the direction, notice or order stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\nIf the direction, notice or order stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sch.3-sec.63-ssec.1) This section applies to a direction, notice or order given before the commencement to a person by an inspector or authorised person under a previous provision of a repealed Act or the amended Act, or by a forest officer under the Forestry Act 1959 , whether or not the person had received the direction, notice or order before the commencement, if there is no corresponding provision for the previous provision.\n(sch.3-sec.63-ssec.2) If the direction, notice or order imposed an obligation on the person immediately before the commencement, the obligation continues to apply according to its terms as if this Act had not been enacted.\n(sch.3-sec.63-ssec.3) If the direction, notice or order stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n(sch.3-sec.63-ssec.4) If the direction, notice or order stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.","sortOrder":797},{"sectionNumber":"sch.3-sec.64","sectionType":"section","heading":"Existing approvals and other authorities","content":"### sch.3-sec.64 Existing approvals and other authorities\n\nThis section applies to an approval or other authority given before the commencement to a person under a previous provision of a repealed Act or the amended Act, whether or not the person had received the approval or other authority before the commencement, if there is no corresponding provision for the previous provision.\nIf the approval or other authority granted a right to the person immediately before the commencement, the approval or other authority continues to apply according to its terms as if this Act had not been enacted.\nIf conditions were imposed on the approval or other authority before the commencement, the conditions continue to apply to the approval or other authority.\nIf the approval or other authority stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\nIf the approval or other authority stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sch.3-sec.64-ssec.1) This section applies to an approval or other authority given before the commencement to a person under a previous provision of a repealed Act or the amended Act, whether or not the person had received the approval or other authority before the commencement, if there is no corresponding provision for the previous provision.\n(sch.3-sec.64-ssec.2) If the approval or other authority granted a right to the person immediately before the commencement, the approval or other authority continues to apply according to its terms as if this Act had not been enacted.\n(sch.3-sec.64-ssec.3) If conditions were imposed on the approval or other authority before the commencement, the conditions continue to apply to the approval or other authority.\n(sch.3-sec.64-ssec.4) If the approval or other authority stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n(sch.3-sec.64-ssec.5) If the approval or other authority stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.","sortOrder":798},{"sectionNumber":"sch.3-sec.65","sectionType":"section","heading":"Continuing obligation to give a person notice of existence of a fact","content":"### sch.3-sec.65 Continuing obligation to give a person notice of existence of a fact\n\nThis section applies if—\na person is required under a previous provision of a repealed Act or the amended Act to give a person notice of the existence of a fact; and\nthere is no corresponding provision for the previous provision; and\nimmediately before the commencement, the person had not given the notice.\nThe obligation to give the notice continues to apply according to its terms as if this Act had not been enacted.\nUnder the Apiaries Act 1982 , previous section 23, a beekeeper is required to notify an inspector of the presence of a disease as defined under that Act within 48 hours after becoming aware of or suspecting the existence of the disease. If the disease is not prohibited matter or category 1 or category 2 restricted matter under this Act, and the Apiaries Act 1982 is repealed before the 48 hours ends, the obligation to report the presence of the disease continues to apply to the beekeeper despite the repeal of the Apiaries Act 1982 and even though the beekeeper is not required to report the presence of the disease under this Act.\n(sch.3-sec.65-ssec.1) This section applies if— a person is required under a previous provision of a repealed Act or the amended Act to give a person notice of the existence of a fact; and there is no corresponding provision for the previous provision; and immediately before the commencement, the person had not given the notice.\n(sch.3-sec.65-ssec.2) The obligation to give the notice continues to apply according to its terms as if this Act had not been enacted. Under the Apiaries Act 1982 , previous section 23, a beekeeper is required to notify an inspector of the presence of a disease as defined under that Act within 48 hours after becoming aware of or suspecting the existence of the disease. If the disease is not prohibited matter or category 1 or category 2 restricted matter under this Act, and the Apiaries Act 1982 is repealed before the 48 hours ends, the obligation to report the presence of the disease continues to apply to the beekeeper despite the repeal of the Apiaries Act 1982 and even though the beekeeper is not required to report the presence of the disease under this Act.\n- (a) a person is required under a previous provision of a repealed Act or the amended Act to give a person notice of the existence of a fact; and\n- (b) there is no corresponding provision for the previous provision; and\n- (c) immediately before the commencement, the person had not given the notice.","sortOrder":799},{"sectionNumber":"sch.3-sec.66","sectionType":"section","heading":"Proceedings for recovery of costs and charges","content":"### sch.3-sec.66 Proceedings for recovery of costs and charges\n\nIf, immediately before the commencement, an entity has a right under a previous provision of a repealed Act or the amended Act to recover from another entity costs or charges payable by the other entity, the right continues as if this Act had not been enacted.","sortOrder":800},{"sectionNumber":"sch.3-sec.67","sectionType":"section","heading":"Proceedings for payment of compensation","content":"### sch.3-sec.67 Proceedings for payment of compensation\n\nIf, immediately before the commencement, an entity has a right under a previous provision of a repealed Act or the amended Act to claim compensation from another entity for loss or expenses incurred by the entity, the right continues as if this Act had not been enacted.","sortOrder":801},{"sectionNumber":"sch.3-sec.68","sectionType":"section","heading":"Existing guidelines","content":"### sch.3-sec.68 Existing guidelines\n\nA guideline prepared or issued under a repealed Act or the amended Act in relation to a previous provision of the repealed Act or the amended Act is, from the commencement, taken to be a guideline made by the chief executive under this Act for the corresponding provision for the previous provision.","sortOrder":802},{"sectionNumber":"sch.3-sec.69","sectionType":"section","heading":"Record-keeping requirements","content":"### sch.3-sec.69 Record-keeping requirements\n\nThis section applies if—\na previous provision of a repealed Act or the amended Act requires a document to be kept; and\nthere is no corresponding provision for the previous provision.\nThe document must be kept under the previous provision as if this Act had not been enacted.\nIf a previous provision of the repealed Act or the amended Act states a way of keeping the document, the document must be kept in the way stated.\nIf a previous provision of the repealed Act or the amended Act states a period for keeping the document—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n(sch.3-sec.69-ssec.1) This section applies if— a previous provision of a repealed Act or the amended Act requires a document to be kept; and there is no corresponding provision for the previous provision.\n(sch.3-sec.69-ssec.2) The document must be kept under the previous provision as if this Act had not been enacted.\n(sch.3-sec.69-ssec.3) If a previous provision of the repealed Act or the amended Act states a way of keeping the document, the document must be kept in the way stated.\n(sch.3-sec.69-ssec.4) If a previous provision of the repealed Act or the amended Act states a period for keeping the document— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.\n- (a) a previous provision of a repealed Act or the amended Act requires a document to be kept; and\n- (b) there is no corresponding provision for the previous provision.\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.","sortOrder":803},{"sectionNumber":"sch.3-sec.70","sectionType":"section","heading":"Warrants","content":"### sch.3-sec.70 Warrants\n\nA warrant issued under a repealed Act, or under the amended Act in relation to a previous provision of the amended Act, and in force immediately before the commencement is taken to be a warrant validly issued under this Act and continues in force, subject to any condition or limitation on its issue and with necessary changes.","sortOrder":804},{"sectionNumber":"sch.3-sec.71","sectionType":"section","heading":"Offences","content":"### sch.3-sec.71 Offences\n\nProceedings for an offence against a previous provision of a repealed Act or the amended Act may be continued or started despite the repeal of the repealed Act or of a previous provision of the amended Act, and the provisions of the repealed Act or the amended Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not been enacted.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sch.3-sec.71-ssec.1) Proceedings for an offence against a previous provision of a repealed Act or the amended Act may be continued or started despite the repeal of the repealed Act or of a previous provision of the amended Act, and the provisions of the repealed Act or the amended Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not been enacted.\n(sch.3-sec.71-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.","sortOrder":805},{"sectionNumber":"sch.3-sec.72","sectionType":"section","heading":"Protection of officials from liability continues","content":"### sch.3-sec.72 Protection of officials from liability continues\n\nThe protection under a previous provision of a repealed Act or the amended Act that an official does not incur civil liability for an act done, or omission made, honestly and without negligence under the repealed Act or the amended Act continues under this Act if the protection applied to the official immediately before the commencement.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to—\nif the official was the chief executive officer of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of an authorised person appointed by the chief executive officer of a local government—the local government; or\nif the official was an employee of a pest operational board—the building authority for the barrier fence part that is in the same area as the declared pest fence the pest operational board built or maintained; or\notherwise—the State.\nFor this section, it does not matter what is the form of appointment or employment of a person who is a public service officer or public service employee.\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against a repealed Act or the amended Act.\nofficial means—\nthe Minister; or\nthe chief executive; or\na chief executive officer; or\nan authorised officer; or\na person acting under the direction of an authorised officer; or\na director of a pest operational board; or\nan employee of a pest operational board; or\na person acting under the direction of an employee of a pest operational board; or\na public service officer or public service employee, including a public service officer or public service employee acting under the repealed Act or a previous provision of the amended Act in substantially the same or equivalent role as an auditor or accredited certifier under this Act.\npest operational board means a pest operational board under the amended Act, section 213.\n(sch.3-sec.72-ssec.1) The protection under a previous provision of a repealed Act or the amended Act that an official does not incur civil liability for an act done, or omission made, honestly and without negligence under the repealed Act or the amended Act continues under this Act if the protection applied to the official immediately before the commencement.\n(sch.3-sec.72-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— if the official was the chief executive officer of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of an authorised person appointed by the chief executive officer of a local government—the local government; or if the official was an employee of a pest operational board—the building authority for the barrier fence part that is in the same area as the declared pest fence the pest operational board built or maintained; or otherwise—the State.\n(sch.3-sec.72-ssec.3) For this section, it does not matter what is the form of appointment or employment of a person who is a public service officer or public service employee.\n(sch.3-sec.72-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against a repealed Act or the amended Act. official means— the Minister; or the chief executive; or a chief executive officer; or an authorised officer; or a person acting under the direction of an authorised officer; or a director of a pest operational board; or an employee of a pest operational board; or a person acting under the direction of an employee of a pest operational board; or a public service officer or public service employee, including a public service officer or public service employee acting under the repealed Act or a previous provision of the amended Act in substantially the same or equivalent role as an auditor or accredited certifier under this Act. pest operational board means a pest operational board under the amended Act, section 213.\n- (a) if the official was the chief executive officer of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of an authorised person appointed by the chief executive officer of a local government—the local government; or\n- (b) if the official was an employee of a pest operational board—the building authority for the barrier fence part that is in the same area as the declared pest fence the pest operational board built or maintained; or\n- (c) otherwise—the State.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) a chief executive officer; or\n- (d) an authorised officer; or\n- (e) a person acting under the direction of an authorised officer; or\n- (f) a director of a pest operational board; or\n- (g) an employee of a pest operational board; or\n- (h) a person acting under the direction of an employee of a pest operational board; or\n- (i) a public service officer or public service employee, including a public service officer or public service employee acting under the repealed Act or a previous provision of the amended Act in substantially the same or equivalent role as an auditor or accredited certifier under this Act.","sortOrder":806},{"sectionNumber":"sch.3-sec.73","sectionType":"section","heading":"Reviews and appeals","content":"### sch.3-sec.73 Reviews and appeals\n\nA review or appeal under a previous provision of a repealed Act or the amended Act relating to a matter under the previous provision that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\nA right of appeal under a previous provision of a repealed Act or the amended Act relating to a decision on a review mentioned in subsection (1) continues as if this Act had not been enacted.\nIf, immediately before the commencement, a person has a right of review or appeal under a previous provision of a repealed Act or the amended Act relating to a matter under the previous provision, the right continues as if this Act had not been enacted.\n(sch.3-sec.73-ssec.1) A review or appeal under a previous provision of a repealed Act or the amended Act relating to a matter under the previous provision that has started but not been finalised before the commencement may continue as if this Act had not been enacted.\n(sch.3-sec.73-ssec.2) A right of appeal under a previous provision of a repealed Act or the amended Act relating to a decision on a review mentioned in subsection (1) continues as if this Act had not been enacted.\n(sch.3-sec.73-ssec.3) If, immediately before the commencement, a person has a right of review or appeal under a previous provision of a repealed Act or the amended Act relating to a matter under the previous provision, the right continues as if this Act had not been enacted.","sortOrder":807},{"sectionNumber":"sch.3-sec.74","sectionType":"section","heading":"References in Acts and documents","content":"### sch.3-sec.74 References in Acts and documents\n\nA reference in an Act or document to a previous provision of a repealed Act or the amended Act may, if the context permits, be taken as a reference to the corresponding provision for the previous provision.","sortOrder":808},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Transitional provisions about particular matters for repealed provisions of Acts","content":"# Transitional provisions about particular matters for repealed provisions of Acts","sortOrder":809},{"sectionNumber":"sch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":810},{"sectionNumber":"sch.3-sec.75","sectionType":"section","heading":"Pt 3 prevails over ch 19 , pt 2 , div 1 , sdiv 2 of the Act and pts 1 and 2","content":"### sch.3-sec.75 Pt 3 prevails over ch 19 , pt 2 , div 1 , sdiv 2 of the Act and pts 1 and 2\n\nPart 3 applies despite anything to the contrary in chapter 19 , part 2 , division 1 , subdivision 2 of the Act or part 1 or 2 .","sortOrder":811},{"sectionNumber":"sch.3-sec.76","sectionType":"section","heading":"Definitions for pt 3","content":"### sch.3-sec.76 Definitions for pt 3\n\nIn this part—\namended Act means—\nfor division 4—the Chemical Usage (Agricultural and Veterinary) Control Act 1988 ; or\nfor division 7—the Fisheries Act 1994 ; or\nfor division 10—the Stock Route Management Act 2002 .\nrepealed Act means—\nfor division 2—the repealed Agricultural Standards Act 1994 ; or\nfor division 3—the repealed Apiaries Act 1982 ; or\nfor division 5—the repealed Diseases in Timber Act 1975 ; or\nfor division 6—the repealed Exotic Diseases in Animals Act 1981 ; or\nfor division 8—the repealed Plant Protection Act 1989 ; or\nfor division 9—the repealed Stock Act 1915 .\n- (a) for division 4—the Chemical Usage (Agricultural and Veterinary) Control Act 1988 ; or\n- (b) for division 7—the Fisheries Act 1994 ; or\n- (c) for division 10—the Stock Route Management Act 2002 .\n- (a) for division 2—the repealed Agricultural Standards Act 1994 ; or\n- (b) for division 3—the repealed Apiaries Act 1982 ; or\n- (c) for division 5—the repealed Diseases in Timber Act 1975 ; or\n- (d) for division 6—the repealed Exotic Diseases in Animals Act 1981 ; or\n- (e) for division 8—the repealed Plant Protection Act 1989 ; or\n- (f) for division 9—the repealed Stock Act 1915 .","sortOrder":812},{"sectionNumber":"sch.3-pt.3-div.2","sectionType":"division","heading":"Transitional provisions for Agricultural Standards Act 1994","content":"## Transitional provisions for Agricultural Standards Act 1994","sortOrder":813},{"sectionNumber":"sch.3-sec.77","sectionType":"section","heading":"Standards about agriculture","content":"### sch.3-sec.77 Standards about agriculture\n\nA standard about agriculture made by the chief executive under the repealed Act, section 5, and in force immediately before the commencement is, from the commencement, taken to be of no effect.","sortOrder":814},{"sectionNumber":"sch.3-sec.78","sectionType":"section","heading":"Persons appointed as analysts","content":"### sch.3-sec.78 Persons appointed as analysts\n\nThis section applies if—\na person was appointed before the commencement by the chief executive under the repealed Act, section 15, as an analyst; and\nthe person still held the appointment immediately before the commencement.\nOn the commencement, the person’s appointment as an analyst under the repealed Act ends.\n(sch.3-sec.78-ssec.1) This section applies if— a person was appointed before the commencement by the chief executive under the repealed Act, section 15, as an analyst; and the person still held the appointment immediately before the commencement.\n(sch.3-sec.78-ssec.2) On the commencement, the person’s appointment as an analyst under the repealed Act ends.\n- (a) a person was appointed before the commencement by the chief executive under the repealed Act, section 15, as an analyst; and\n- (b) the person still held the appointment immediately before the commencement.","sortOrder":815},{"sectionNumber":"sch.3-sec.79","sectionType":"section","heading":"Destruction of agricultural requirement","content":"### sch.3-sec.79 Destruction of agricultural requirement\n\nThis section applies if—\nan inspector enters a place under the repealed Act, section 36, and requires the occupier of the place to make the agricultural requirement, within the meaning of the repealed Act, harmless; and\nimmediately before the commencement, the person had not complied with the inspector’s requirement.\nOn the commencement, the inspector’s requirement is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the requirement given under the amended Act.\n(sch.3-sec.79-ssec.1) This section applies if— an inspector enters a place under the repealed Act, section 36, and requires the occupier of the place to make the agricultural requirement, within the meaning of the repealed Act, harmless; and immediately before the commencement, the person had not complied with the inspector’s requirement.\n(sch.3-sec.79-ssec.2) On the commencement, the inspector’s requirement is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the requirement given under the amended Act.\n- (a) an inspector enters a place under the repealed Act, section 36, and requires the occupier of the place to make the agricultural requirement, within the meaning of the repealed Act, harmless; and\n- (b) immediately before the commencement, the person had not complied with the inspector’s requirement.","sortOrder":816},{"sectionNumber":"sch.3-pt.3-div.3","sectionType":"division","heading":"Transitional provisions for Apiaries Act 1982","content":"## Transitional provisions for Apiaries Act 1982","sortOrder":817},{"sectionNumber":"sch.3-sec.80","sectionType":"section","heading":"Delayed application of ch 7, pt 2 to registered beekeepers","content":"### sch.3-sec.80 Delayed application of ch 7, pt 2 to registered beekeepers\n\nA person who is a registered beekeeper under the repealed Act immediately before the commencement continues from the commencement to be a registered beekeeper until 31 March first occurring after the commencement unless the person’s registration is sooner cancelled under the repealed Act, section 10, or otherwise ends.\nFrom the commencement, the repealed Act, section 7(7) continues to apply to the certificate issued to the person under that section while the registration remains in force.\nThe requirement to be registered under chapter 7, part 2 does not apply to a person in relation to the keeping of bees while the person’s registration as a registered beekeeper for the keeping of approximately the same number of bees continues under subsection (1).\n(sch.3-sec.80-ssec.1) A person who is a registered beekeeper under the repealed Act immediately before the commencement continues from the commencement to be a registered beekeeper until 31 March first occurring after the commencement unless the person’s registration is sooner cancelled under the repealed Act, section 10, or otherwise ends.\n(sch.3-sec.80-ssec.2) From the commencement, the repealed Act, section 7(7) continues to apply to the certificate issued to the person under that section while the registration remains in force.\n(sch.3-sec.80-ssec.3) The requirement to be registered under chapter 7, part 2 does not apply to a person in relation to the keeping of bees while the person’s registration as a registered beekeeper for the keeping of approximately the same number of bees continues under subsection (1).","sortOrder":818},{"sectionNumber":"sch.3-sec.81","sectionType":"section","heading":"Permit granted under repealed Act, s 8","content":"### sch.3-sec.81 Permit granted under repealed Act, s 8\n\nA permit granted under the repealed Act, section 8, and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit, unless it is sooner cancelled, as if this Act had not been enacted.","sortOrder":819},{"sectionNumber":"sch.3-sec.82","sectionType":"section","heading":"Applications for permits, and existing permits, to bring bees or hives into Queensland","content":"### sch.3-sec.82 Applications for permits, and existing permits, to bring bees or hives into Queensland\n\nSubsection (2) applies to an application made under the repealed Act, section 9 for a permit to bring bees or hives into Queensland and not decided immediately before the commencement.\nFrom the commencement, the repealed Act, section 9, continues to apply to the application as if this Act had not been enacted.\nA permit granted under the repealed Act, section 9, and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit as if this Act had not been enacted.\nFrom the commencement, the repealed Act, section 9 continues to apply to the permit while it remains in force.\n(sch.3-sec.82-ssec.1) Subsection (2) applies to an application made under the repealed Act, section 9 for a permit to bring bees or hives into Queensland and not decided immediately before the commencement.\n(sch.3-sec.82-ssec.2) From the commencement, the repealed Act, section 9, continues to apply to the application as if this Act had not been enacted.\n(sch.3-sec.82-ssec.3) A permit granted under the repealed Act, section 9, and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit as if this Act had not been enacted.\n(sch.3-sec.82-ssec.4) From the commencement, the repealed Act, section 9 continues to apply to the permit while it remains in force.","sortOrder":820},{"sectionNumber":"sch.3-sec.83","sectionType":"section","heading":"Classification of apiaries certificates","content":"### sch.3-sec.83 Classification of apiaries certificates\n\nA certificate issued under the repealed Act, section 11, and in force immediately before the commencement, is of no effect from the commencement.","sortOrder":821},{"sectionNumber":"sch.3-sec.84","sectionType":"section","heading":"Encroachment of apiary class A upon another apiary","content":"### sch.3-sec.84 Encroachment of apiary class A upon another apiary\n\nThis section applies if the chief executive prohibits under the repealed Act, section 12(1) or 13(1) the establishment of an apiary class A in or upon premises or a place and the prohibition is in force immediately before the commencement.\nFrom the commencement, the prohibition is of no effect.\n(sch.3-sec.84-ssec.1) This section applies if the chief executive prohibits under the repealed Act, section 12(1) or 13(1) the establishment of an apiary class A in or upon premises or a place and the prohibition is in force immediately before the commencement.\n(sch.3-sec.84-ssec.2) From the commencement, the prohibition is of no effect.","sortOrder":822},{"sectionNumber":"sch.3-sec.85","sectionType":"section","heading":"Permit to establish apiary—repealed Act, s 13(2)","content":"### sch.3-sec.85 Permit to establish apiary—repealed Act, s 13(2)\n\nA permit issued under the repealed Act, section 13(2), and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit as if this Act had not been enacted.\nFrom the commencement, the repealed Act, section 13 continues to apply to the permit while it remains in force.\n(sch.3-sec.85-ssec.1) A permit issued under the repealed Act, section 13(2), and in force immediately before the commencement, continues in force from the commencement for the period stated in the permit as if this Act had not been enacted.\n(sch.3-sec.85-ssec.2) From the commencement, the repealed Act, section 13 continues to apply to the permit while it remains in force.","sortOrder":823},{"sectionNumber":"sch.3-sec.86","sectionType":"section","heading":"Continuing obligation to give chief executive notice of sale of apiary or part of apiary","content":"### sch.3-sec.86 Continuing obligation to give chief executive notice of sale of apiary or part of apiary\n\nThis section applies if—\na person is required under the repealed Act, section 16 to give the chief executive notice of the sale of an apiary or part of an apiary owned by the person; and\nimmediately before the commencement, the person had not given the notice.\nFrom the commencement, the obligation to give the notice within 14 days after selling the apiary, or part of the apiary, continues as if this Act had not been enacted.\n(sch.3-sec.86-ssec.1) This section applies if— a person is required under the repealed Act, section 16 to give the chief executive notice of the sale of an apiary or part of an apiary owned by the person; and immediately before the commencement, the person had not given the notice.\n(sch.3-sec.86-ssec.2) From the commencement, the obligation to give the notice within 14 days after selling the apiary, or part of the apiary, continues as if this Act had not been enacted.\n- (a) a person is required under the repealed Act, section 16 to give the chief executive notice of the sale of an apiary or part of an apiary owned by the person; and\n- (b) immediately before the commencement, the person had not given the notice.","sortOrder":824},{"sectionNumber":"sch.3-sec.87","sectionType":"section","heading":"Marking or branding of hives","content":"### sch.3-sec.87 Marking or branding of hives\n\nThis section applies to a registered mark or number issued under the repealed Act to a person who maintained an apiary immediately before the commencement.\nFrom the commencement, the mark or number is taken to be the HIN allocated to the person under section 158 for the person’s hives.\n(sch.3-sec.87-ssec.1) This section applies to a registered mark or number issued under the repealed Act to a person who maintained an apiary immediately before the commencement.\n(sch.3-sec.87-ssec.2) From the commencement, the mark or number is taken to be the HIN allocated to the person under section 158 for the person’s hives.","sortOrder":825},{"sectionNumber":"sch.3-sec.88","sectionType":"section","heading":"Lodging returns and furnishing lists under the repealed Act, s 27","content":"### sch.3-sec.88 Lodging returns and furnishing lists under the repealed Act, s 27\n\nSubsection (2) applies if—\nbefore the commencement, a person is required under the repealed Act, section 27(6) to lodge a return; and\nimmediately before the commencement, the person has not lodged the return.\nThe repealed Act, section 27(6) and (8) continues to apply to the person from the commencement as if this Act had not been enacted, and the period for lodging the return—\ncontinues to apply for lodging the return; and\ncontinues to have started from when the period started under previous section 27(6).\nSubsection (4) applies if—\nbefore the commencement, a person is required under the repealed Act, section 27(7) to furnish a list; and\nimmediately before the commencement, the person has not furnished the list.\nThe repealed Act, section 27(8) continues to apply to the person from the commencement as if this Act had not been enacted, and the period stated in the request to furnish the list—\ncontinues to apply for furnishing the list; and\ncontinues to have started from when the period started under the repealed Act, section 27(7).\n(sch.3-sec.88-ssec.1) Subsection (2) applies if— before the commencement, a person is required under the repealed Act, section 27(6) to lodge a return; and immediately before the commencement, the person has not lodged the return.\n(sch.3-sec.88-ssec.2) The repealed Act, section 27(6) and (8) continues to apply to the person from the commencement as if this Act had not been enacted, and the period for lodging the return— continues to apply for lodging the return; and continues to have started from when the period started under previous section 27(6).\n(sch.3-sec.88-ssec.3) Subsection (4) applies if— before the commencement, a person is required under the repealed Act, section 27(7) to furnish a list; and immediately before the commencement, the person has not furnished the list.\n(sch.3-sec.88-ssec.4) The repealed Act, section 27(8) continues to apply to the person from the commencement as if this Act had not been enacted, and the period stated in the request to furnish the list— continues to apply for furnishing the list; and continues to have started from when the period started under the repealed Act, section 27(7).\n- (a) before the commencement, a person is required under the repealed Act, section 27(6) to lodge a return; and\n- (b) immediately before the commencement, the person has not lodged the return.\n- (a) continues to apply for lodging the return; and\n- (b) continues to have started from when the period started under previous section 27(6).\n- (a) before the commencement, a person is required under the repealed Act, section 27(7) to furnish a list; and\n- (b) immediately before the commencement, the person has not furnished the list.\n- (a) continues to apply for furnishing the list; and\n- (b) continues to have started from when the period started under the repealed Act, section 27(7).","sortOrder":826},{"sectionNumber":"sch.3-pt.3-div.4","sectionType":"division","heading":"Transitional provisions for Chemical Usage (Agricultural and Veterinary) Control Act 1988","content":"## Transitional provisions for Chemical Usage (Agricultural and Veterinary) Control Act 1988","sortOrder":827},{"sectionNumber":"sch.3-sec.89","sectionType":"section","heading":"Notice to recall particular prescribed substances","content":"### sch.3-sec.89 Notice to recall particular prescribed substances\n\nThis section applies if—\nbefore the commencement, the chief executive gives a person a notice under the amended Act, section 14(1), to take the steps and do the acts stated in the notice to recall a prescribed substance under that section; and\nthe prescribed substance has in or on it the residue of a chemical that is a contaminant; and\nimmediately before the commencement, the person has not complied with the notice.\nThe requirement to take the steps and do the acts stated in the notice continue to apply from the commencement as if this Act had not been enacted.\nThe amended Act, section 14(3) continues to apply to the person.\n(sch.3-sec.89-ssec.1) This section applies if— before the commencement, the chief executive gives a person a notice under the amended Act, section 14(1), to take the steps and do the acts stated in the notice to recall a prescribed substance under that section; and the prescribed substance has in or on it the residue of a chemical that is a contaminant; and immediately before the commencement, the person has not complied with the notice.\n(sch.3-sec.89-ssec.2) The requirement to take the steps and do the acts stated in the notice continue to apply from the commencement as if this Act had not been enacted.\n(sch.3-sec.89-ssec.3) The amended Act, section 14(3) continues to apply to the person.\n- (a) before the commencement, the chief executive gives a person a notice under the amended Act, section 14(1), to take the steps and do the acts stated in the notice to recall a prescribed substance under that section; and\n- (b) the prescribed substance has in or on it the residue of a chemical that is a contaminant; and\n- (c) immediately before the commencement, the person has not complied with the notice.","sortOrder":828},{"sectionNumber":"sch.3-sec.90","sectionType":"section","heading":"Notifying contaminants","content":"### sch.3-sec.90 Notifying contaminants\n\nThis section applies if—\nbefore the commencement, a person has an obligation under the amended Act, section 15 to notify the standards officer under that Act of a particular fact stated in that section relating to agricultural produce or manufactured stock food; and\nthe obligation relates to the residue of a chemical that is a contaminant in or on the agricultural produce or manufactured stock food; and\nimmediately before the commencement, the person had not complied with the obligation.\nFrom the commencement—\nthe obligation to notify the standards officer of the fact is taken to be an obligation under section 47 to notify an inspector of the fact; and\nthe stated period continues to apply for notifying the inspector; and\nthe period continues to have started from when the period started under the amended Act, section 15.\n(sch.3-sec.90-ssec.1) This section applies if— before the commencement, a person has an obligation under the amended Act, section 15 to notify the standards officer under that Act of a particular fact stated in that section relating to agricultural produce or manufactured stock food; and the obligation relates to the residue of a chemical that is a contaminant in or on the agricultural produce or manufactured stock food; and immediately before the commencement, the person had not complied with the obligation.\n(sch.3-sec.90-ssec.2) From the commencement— the obligation to notify the standards officer of the fact is taken to be an obligation under section 47 to notify an inspector of the fact; and the stated period continues to apply for notifying the inspector; and the period continues to have started from when the period started under the amended Act, section 15.\n- (a) before the commencement, a person has an obligation under the amended Act, section 15 to notify the standards officer under that Act of a particular fact stated in that section relating to agricultural produce or manufactured stock food; and\n- (b) the obligation relates to the residue of a chemical that is a contaminant in or on the agricultural produce or manufactured stock food; and\n- (c) immediately before the commencement, the person had not complied with the obligation.\n- (a) the obligation to notify the standards officer of the fact is taken to be an obligation under section 47 to notify an inspector of the fact; and\n- (b) the stated period continues to apply for notifying the inspector; and\n- (c) the period continues to have started from when the period started under the amended Act, section 15.","sortOrder":829},{"sectionNumber":"sch.3-sec.91","sectionType":"section","heading":"Dealing with prescribed substances relating to contaminants","content":"### sch.3-sec.91 Dealing with prescribed substances relating to contaminants\n\nThis section applies if—\nbefore the commencement, the standards officer or an inspector gives a person a notice under the amended Act, section 16(1) or (2) not to take particular action other than as permitted by the notice; and\nthe notice relates to a residue of a chemical that is a contaminant; and\nimmediately before the commencement, the person had not complied with the notice.\nFrom the commencement—\nthe notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and\nthe stated period continues to apply for taking the action; and\nthe period continues to have started from when the period started under the amended Act, section 16.\n(sch.3-sec.91-ssec.1) This section applies if— before the commencement, the standards officer or an inspector gives a person a notice under the amended Act, section 16(1) or (2) not to take particular action other than as permitted by the notice; and the notice relates to a residue of a chemical that is a contaminant; and immediately before the commencement, the person had not complied with the notice.\n(sch.3-sec.91-ssec.2) From the commencement— the notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and the stated period continues to apply for taking the action; and the period continues to have started from when the period started under the amended Act, section 16.\n- (a) before the commencement, the standards officer or an inspector gives a person a notice under the amended Act, section 16(1) or (2) not to take particular action other than as permitted by the notice; and\n- (b) the notice relates to a residue of a chemical that is a contaminant; and\n- (c) immediately before the commencement, the person had not complied with the notice.\n- (a) the notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and\n- (b) the stated period continues to apply for taking the action; and\n- (c) the period continues to have started from when the period started under the amended Act, section 16.","sortOrder":830},{"sectionNumber":"sch.3-sec.92","sectionType":"section","heading":"Approvals relating to contaminants","content":"### sch.3-sec.92 Approvals relating to contaminants\n\nThis section applies if—\nbefore the commencement, the standards officer gives a person an approval under the amended Act, section 17; and\nthe approval relates to a residue of a chemical that is a contaminant; and\nimmediately before the commencement, the approval was still in force.\nFrom the commencement—\nthe approval continues to apply according to its terms as if this Act had not been enacted; and\nif conditions were imposed on the approval before the commencement, the conditions continue to apply to the approval; and\nthe amended Act, section 17(5) continues to apply to the person as if this Act had not been enacted.\n(sch.3-sec.92-ssec.1) This section applies if— before the commencement, the standards officer gives a person an approval under the amended Act, section 17; and the approval relates to a residue of a chemical that is a contaminant; and immediately before the commencement, the approval was still in force.\n(sch.3-sec.92-ssec.2) From the commencement— the approval continues to apply according to its terms as if this Act had not been enacted; and if conditions were imposed on the approval before the commencement, the conditions continue to apply to the approval; and the amended Act, section 17(5) continues to apply to the person as if this Act had not been enacted.\n- (a) before the commencement, the standards officer gives a person an approval under the amended Act, section 17; and\n- (b) the approval relates to a residue of a chemical that is a contaminant; and\n- (c) immediately before the commencement, the approval was still in force.\n- (a) the approval continues to apply according to its terms as if this Act had not been enacted; and\n- (b) if conditions were imposed on the approval before the commencement, the conditions continue to apply to the approval; and\n- (c) the amended Act, section 17(5) continues to apply to the person as if this Act had not been enacted.","sortOrder":831},{"sectionNumber":"sch.3-sec.93","sectionType":"section","heading":"Destruction of things relating to contaminants","content":"### sch.3-sec.93 Destruction of things relating to contaminants\n\nThis section applies if—\nbefore the commencement, the chief executive gives a person a notice under the amended Act, section 18 directing the person to cause the things to be destroyed or otherwise disposed of; and\nthe notice relates to a residue of a chemical that is a contaminant; and\nimmediately before the commencement, the person had not complied with the notice.\nFrom the commencement—\nthe notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and\nthe stated period continues to apply for taking the action; and\nthe period continues to have started from when the period started under the amended Act, section 18.\nIf, before the commencement, the standards officer took action under the amended Act, section 19 any amount owed by a person to the standards officer under that section becomes on the commencement a debt payable by the person to the chief executive.\n(sch.3-sec.93-ssec.1) This section applies if— before the commencement, the chief executive gives a person a notice under the amended Act, section 18 directing the person to cause the things to be destroyed or otherwise disposed of; and the notice relates to a residue of a chemical that is a contaminant; and immediately before the commencement, the person had not complied with the notice.\n(sch.3-sec.93-ssec.2) From the commencement— the notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and the stated period continues to apply for taking the action; and the period continues to have started from when the period started under the amended Act, section 18.\n(sch.3-sec.93-ssec.3) If, before the commencement, the standards officer took action under the amended Act, section 19 any amount owed by a person to the standards officer under that section becomes on the commencement a debt payable by the person to the chief executive.\n- (a) before the commencement, the chief executive gives a person a notice under the amended Act, section 18 directing the person to cause the things to be destroyed or otherwise disposed of; and\n- (b) the notice relates to a residue of a chemical that is a contaminant; and\n- (c) immediately before the commencement, the person had not complied with the notice.\n- (a) the notice is taken to be a biosecurity order given by an inspector under section 373 in the same terms as the notice given under the amended Act; and\n- (b) the stated period continues to apply for taking the action; and\n- (c) the period continues to have started from when the period started under the amended Act, section 18.","sortOrder":832},{"sectionNumber":"sch.3-pt.3-div.5","sectionType":"division","heading":"Transitional provisions for Diseases in Timber Act 1975","content":"## Transitional provisions for Diseases in Timber Act 1975","sortOrder":833},{"sectionNumber":"sch.3-sec.94","sectionType":"section","heading":"Notice given to occupier or owner after declaration of infected area","content":"### sch.3-sec.94 Notice given to occupier or owner after declaration of infected area\n\nThis section applies if—\nbefore the commencement—\nan infected area is declared under the repealed Act, section 4(1)(b); and\nthe chief executive had given the occupier or owner of a place in the infected area a notice under the repealed Act, section 8; and\nimmediately before the commencement, the measures stated in the notice for the extermination or the prevention or control of the dissemination of the disease the subject of the declaration have not been taken.\nThe chief executive may, from the commencement, take the measures stated in the notice as if this Act had not been enacted.\nIf the notice states that the chief executive requires the place to be vacated and the place is a dwelling house, the repealed Act, section 9 applies to the chief executive as if this Act had not been enacted.\n(sch.3-sec.94-ssec.1) This section applies if— before the commencement— an infected area is declared under the repealed Act, section 4(1)(b); and the chief executive had given the occupier or owner of a place in the infected area a notice under the repealed Act, section 8; and immediately before the commencement, the measures stated in the notice for the extermination or the prevention or control of the dissemination of the disease the subject of the declaration have not been taken.\n(sch.3-sec.94-ssec.2) The chief executive may, from the commencement, take the measures stated in the notice as if this Act had not been enacted.\n(sch.3-sec.94-ssec.3) If the notice states that the chief executive requires the place to be vacated and the place is a dwelling house, the repealed Act, section 9 applies to the chief executive as if this Act had not been enacted.\n- (a) before the commencement— (i) an infected area is declared under the repealed Act, section 4(1)(b); and (ii) the chief executive had given the occupier or owner of a place in the infected area a notice under the repealed Act, section 8; and\n- (i) an infected area is declared under the repealed Act, section 4(1)(b); and\n- (ii) the chief executive had given the occupier or owner of a place in the infected area a notice under the repealed Act, section 8; and\n- (b) immediately before the commencement, the measures stated in the notice for the extermination or the prevention or control of the dissemination of the disease the subject of the declaration have not been taken.\n- (i) an infected area is declared under the repealed Act, section 4(1)(b); and\n- (ii) the chief executive had given the occupier or owner of a place in the infected area a notice under the repealed Act, section 8; and","sortOrder":834},{"sectionNumber":"sch.3-pt.3-div.6","sectionType":"division","heading":"Transitional provisions for Exotic Diseases in Animals Act 1981","content":"## Transitional provisions for Exotic Diseases in Animals Act 1981","sortOrder":835},{"sectionNumber":"sch.3-sec.95","sectionType":"section","heading":"Infected premises","content":"### sch.3-sec.95 Infected premises\n\nThis section applies if—\nunder the repealed Act, section 9 an inspector has placed an area in quarantine; and\nimmediately before the commencement, the area is still in quarantine.\nOn the commencement—\nthe repealed Act, section 9(2) continues to apply to the area in quarantine as if this Act had not been enacted; and\nthe period for which the area is in quarantine under the repealed Act, section 9(1B), or as extended under the repealed Act, section 9(2), whether before or after commencement, continues to apply to the area; and\nthe period continues to have started from when the period started under the repealed Act, section 9; and\na reference to an inspector in the repealed Act, section 9(3) is taken to be a reference to an inspector under this Act.\n(sch.3-sec.95-ssec.1) This section applies if— under the repealed Act, section 9 an inspector has placed an area in quarantine; and immediately before the commencement, the area is still in quarantine.\n(sch.3-sec.95-ssec.2) On the commencement— the repealed Act, section 9(2) continues to apply to the area in quarantine as if this Act had not been enacted; and the period for which the area is in quarantine under the repealed Act, section 9(1B), or as extended under the repealed Act, section 9(2), whether before or after commencement, continues to apply to the area; and the period continues to have started from when the period started under the repealed Act, section 9; and a reference to an inspector in the repealed Act, section 9(3) is taken to be a reference to an inspector under this Act.\n- (a) under the repealed Act, section 9 an inspector has placed an area in quarantine; and\n- (b) immediately before the commencement, the area is still in quarantine.\n- (a) the repealed Act, section 9(2) continues to apply to the area in quarantine as if this Act had not been enacted; and\n- (b) the period for which the area is in quarantine under the repealed Act, section 9(1B), or as extended under the repealed Act, section 9(2), whether before or after commencement, continues to apply to the area; and\n- (c) the period continues to have started from when the period started under the repealed Act, section 9; and\n- (d) a reference to an inspector in the repealed Act, section 9(3) is taken to be a reference to an inspector under this Act.","sortOrder":836},{"sectionNumber":"sch.3-sec.96","sectionType":"section","heading":"Notifications of restricted areas","content":"### sch.3-sec.96 Notifications of restricted areas\n\nThis section applies if—\nunder the repealed Act, section 10, the Minister has by notice notified an area to be a restricted area for an exotic disease stated in the notice; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement—\nthe notice is taken to be a regulation made under section 128 that includes biosecurity zone regulatory provisions; and\nthe restricted area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\nthe exotic disease under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and\na notice under the repealed Act, section 10A declaring movement of particular things within, into or out of the restricted area to be restricted is taken to be the biosecurity zone regulatory provisions or part of the provisions.\n(sch.3-sec.96-ssec.1) This section applies if— under the repealed Act, section 10, the Minister has by notice notified an area to be a restricted area for an exotic disease stated in the notice; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.96-ssec.2) On the commencement— the notice is taken to be a regulation made under section 128 that includes biosecurity zone regulatory provisions; and the restricted area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and the exotic disease under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and a notice under the repealed Act, section 10A declaring movement of particular things within, into or out of the restricted area to be restricted is taken to be the biosecurity zone regulatory provisions or part of the provisions.\n- (a) under the repealed Act, section 10, the Minister has by notice notified an area to be a restricted area for an exotic disease stated in the notice; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) the notice is taken to be a regulation made under section 128 that includes biosecurity zone regulatory provisions; and\n- (b) the restricted area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\n- (c) the exotic disease under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and\n- (d) a notice under the repealed Act, section 10A declaring movement of particular things within, into or out of the restricted area to be restricted is taken to be the biosecurity zone regulatory provisions or part of the provisions.","sortOrder":837},{"sectionNumber":"sch.3-sec.97","sectionType":"section","heading":"Existing licences for restricted movements","content":"### sch.3-sec.97 Existing licences for restricted movements\n\nThis section applies if—\nunder the repealed Act, section 11 a person holds a licence that allows a restricted movement for a restricted area; and\nimmediately before the commencement, the licence is still in force.\nOn the commencement, the licence—\ncontinues in effect for the period stated in the licence as if this Act had not been enacted unless it is sooner revoked under the repealed Act, section 11(3); and\nis subject to the conditions imposed on the licence when the licence was issued.\nFrom the commencement, the repealed Act, section 11(3) and (4) continues to apply as if this Act had not been enacted.\n(sch.3-sec.97-ssec.1) This section applies if— under the repealed Act, section 11 a person holds a licence that allows a restricted movement for a restricted area; and immediately before the commencement, the licence is still in force.\n(sch.3-sec.97-ssec.2) On the commencement, the licence— continues in effect for the period stated in the licence as if this Act had not been enacted unless it is sooner revoked under the repealed Act, section 11(3); and is subject to the conditions imposed on the licence when the licence was issued.\n(sch.3-sec.97-ssec.3) From the commencement, the repealed Act, section 11(3) and (4) continues to apply as if this Act had not been enacted.\n- (a) under the repealed Act, section 11 a person holds a licence that allows a restricted movement for a restricted area; and\n- (b) immediately before the commencement, the licence is still in force.\n- (a) continues in effect for the period stated in the licence as if this Act had not been enacted unless it is sooner revoked under the repealed Act, section 11(3); and\n- (b) is subject to the conditions imposed on the licence when the licence was issued.","sortOrder":838},{"sectionNumber":"sch.3-pt.3-div.7","sectionType":"division","heading":"Transitional provisions for Fisheries Act 1994","content":"## Transitional provisions for Fisheries Act 1994","sortOrder":839},{"sectionNumber":"sch.3-sec.98","sectionType":"section","heading":"Declared disease relating to contaminant","content":"### sch.3-sec.98 Declared disease relating to contaminant\n\nThis section applies if—\nunder the amended Act, section 94 or 97, a declaration or regulation—\nprescribes a concentration level for a chemical residue that is a contaminant; and\ndeclares that a chemical residue over the prescribed concentration level for the residue is a declared disease under that Act; and\nimmediately before the commencement, the declaration or regulation is still in force.\nFrom the commencement—\nthe declaration or regulation is taken to be a regulation made under section 503(2)(e); and\nthe declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.\n(sch.3-sec.98-ssec.1) This section applies if— under the amended Act, section 94 or 97, a declaration or regulation— prescribes a concentration level for a chemical residue that is a contaminant; and declares that a chemical residue over the prescribed concentration level for the residue is a declared disease under that Act; and immediately before the commencement, the declaration or regulation is still in force.\n(sch.3-sec.98-ssec.2) From the commencement— the declaration or regulation is taken to be a regulation made under section 503(2)(e); and the declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.\n- (a) under the amended Act, section 94 or 97, a declaration or regulation— (i) prescribes a concentration level for a chemical residue that is a contaminant; and (ii) declares that a chemical residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (i) prescribes a concentration level for a chemical residue that is a contaminant; and\n- (ii) declares that a chemical residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (b) immediately before the commencement, the declaration or regulation is still in force.\n- (i) prescribes a concentration level for a chemical residue that is a contaminant; and\n- (ii) declares that a chemical residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (a) the declaration or regulation is taken to be a regulation made under section 503(2)(e); and\n- (b) the declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.","sortOrder":840},{"sectionNumber":"sch.3-sec.99","sectionType":"section","heading":"Declared disease relating to residue other than contaminant","content":"### sch.3-sec.99 Declared disease relating to residue other than contaminant\n\nThis section applies if—\nunder the amended Act, section 94 or 97, a declaration or regulation—\nprescribes a concentration level for a chemical residue (other than a contaminant) or an antibiotic residue; and\ndeclares that a residue over the prescribed concentration level for the residue is a declared disease under that Act; and\nimmediately before the commencement, the declaration or regulation is still in force.\nFrom the commencement, the declaration or regulation is taken to be a regulation made under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , section 38(2)(b) prescribing the maximum residue limit for the chemical residue or antibiotic residue in—\nthe tissue of a trade species animal within the meaning of that Act; or\na product derived from a trade species animal.\n(sch.3-sec.99-ssec.1) This section applies if— under the amended Act, section 94 or 97, a declaration or regulation— prescribes a concentration level for a chemical residue (other than a contaminant) or an antibiotic residue; and declares that a residue over the prescribed concentration level for the residue is a declared disease under that Act; and immediately before the commencement, the declaration or regulation is still in force.\n(sch.3-sec.99-ssec.2) From the commencement, the declaration or regulation is taken to be a regulation made under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , section 38(2)(b) prescribing the maximum residue limit for the chemical residue or antibiotic residue in— the tissue of a trade species animal within the meaning of that Act; or a product derived from a trade species animal.\n- (a) under the amended Act, section 94 or 97, a declaration or regulation— (i) prescribes a concentration level for a chemical residue (other than a contaminant) or an antibiotic residue; and (ii) declares that a residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (i) prescribes a concentration level for a chemical residue (other than a contaminant) or an antibiotic residue; and\n- (ii) declares that a residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (b) immediately before the commencement, the declaration or regulation is still in force.\n- (i) prescribes a concentration level for a chemical residue (other than a contaminant) or an antibiotic residue; and\n- (ii) declares that a residue over the prescribed concentration level for the residue is a declared disease under that Act; and\n- (a) the tissue of a trade species animal within the meaning of that Act; or\n- (b) a product derived from a trade species animal.","sortOrder":841},{"sectionNumber":"sch.3-sec.100","sectionType":"section","heading":"Declared quarantine area relating to contaminant","content":"### sch.3-sec.100 Declared quarantine area relating to contaminant\n\nThis section applies if—\nunder the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and\nthe declared disease is a chemical residue that is a contaminant; and\nimmediately before the commencement, the declaration or regulation is still in force.\nFrom the commencement—\nthe declaration or regulation is taken to be a regulation made under this Act that includes biosecurity zone regulatory provisions; and\nthe declared disease is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and\nthe declared quarantine area is taken to be the area identified under the biosecurity zone regulatory provisions as the biosecurity zone; and\nany matters relating to the management, control and elimination of the declared disease for which the declaration or regulation provides are taken to be arrangements included in the biosecurity zone regulatory provisions for managing or eradicating the regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.\n(sch.3-sec.100-ssec.1) This section applies if— under the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and the declared disease is a chemical residue that is a contaminant; and immediately before the commencement, the declaration or regulation is still in force.\n(sch.3-sec.100-ssec.2) From the commencement— the declaration or regulation is taken to be a regulation made under this Act that includes biosecurity zone regulatory provisions; and the declared disease is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and the declared quarantine area is taken to be the area identified under the biosecurity zone regulatory provisions as the biosecurity zone; and any matters relating to the management, control and elimination of the declared disease for which the declaration or regulation provides are taken to be arrangements included in the biosecurity zone regulatory provisions for managing or eradicating the regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.\n- (a) under the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and\n- (b) the declared disease is a chemical residue that is a contaminant; and\n- (c) immediately before the commencement, the declaration or regulation is still in force.\n- (a) the declaration or regulation is taken to be a regulation made under this Act that includes biosecurity zone regulatory provisions; and\n- (b) the declared disease is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions; and\n- (c) the declared quarantine area is taken to be the area identified under the biosecurity zone regulatory provisions as the biosecurity zone; and\n- (d) any matters relating to the management, control and elimination of the declared disease for which the declaration or regulation provides are taken to be arrangements included in the biosecurity zone regulatory provisions for managing or eradicating the regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.","sortOrder":842},{"sectionNumber":"sch.3-sec.101","sectionType":"section","heading":"Declared quarantine area relating to residue other than contaminant","content":"### sch.3-sec.101 Declared quarantine area relating to residue other than contaminant\n\nThis section applies if—\nunder the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and\nthe declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\nimmediately before the commencement, the declaration or regulation is still in force.\nFrom the commencement, the declaration or regulation is taken to be a regulation made under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , section 38(2)(c) regulating the use, storage or possession of any of the following that contains the declared disease—\nthe tissue of a trade species animal within the meaning of that Act;\na product derived from a trade species animal.\n(sch.3-sec.101-ssec.1) This section applies if— under the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and the declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and immediately before the commencement, the declaration or regulation is still in force.\n(sch.3-sec.101-ssec.2) From the commencement, the declaration or regulation is taken to be a regulation made under the Chemical Usage (Agricultural and Veterinary) Control Act 1988 , section 38(2)(c) regulating the use, storage or possession of any of the following that contains the declared disease— the tissue of a trade species animal within the meaning of that Act; a product derived from a trade species animal.\n- (a) under the amended Act, section 95 or 97, the chief executive or a regulation declares an area to be a declared quarantine area in relation to a declared disease in the area; and\n- (b) the declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\n- (c) immediately before the commencement, the declaration or regulation is still in force.\n- (a) the tissue of a trade species animal within the meaning of that Act;\n- (b) a product derived from a trade species animal.","sortOrder":843},{"sectionNumber":"sch.3-sec.102","sectionType":"section","heading":"Emergency disease or quarantine declaration relating to contaminant","content":"### sch.3-sec.102 Emergency disease or quarantine declaration relating to contaminant\n\nSubsection (2) applies if—\nthe chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and\nthe declared disease is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and\nimmediately before the commencement, the declaration is still in force.\nOn the commencement—\nthe emergency disease declaration is taken to be a regulation made under section 503(2)(e); and\nthe declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.\nSubsection (4) applies if—\nthe chief executive has under the amended Act, section 96 made an emergency quarantine declaration; and\nthe declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and\nimmediately before the commencement, the emergency quarantine declaration is still in force.\nOn the commencement—\nthe emergency quarantine declaration—\nis taken to be a biosecurity emergency order made by the chief executive under section 113; and\ncontinues to have effect for the period it would have had effect under the amended Act, section 96; and\nthe area quarantined under the declaration is taken to be the biosecurity emergency area for the biosecurity emergency order; and\nthe declared disease or other thing identified in the declaration is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\n(sch.3-sec.102-ssec.1) Subsection (2) applies if— the chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and the declared disease is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and immediately before the commencement, the declaration is still in force.\n(sch.3-sec.102-ssec.2) On the commencement— the emergency disease declaration is taken to be a regulation made under section 503(2)(e); and the declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.\n(sch.3-sec.102-ssec.3) Subsection (4) applies if— the chief executive has under the amended Act, section 96 made an emergency quarantine declaration; and the declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and immediately before the commencement, the emergency quarantine declaration is still in force.\n(sch.3-sec.102-ssec.4) On the commencement— the emergency quarantine declaration— is taken to be a biosecurity emergency order made by the chief executive under section 113; and continues to have effect for the period it would have had effect under the amended Act, section 96; and the area quarantined under the declaration is taken to be the biosecurity emergency area for the biosecurity emergency order; and the declared disease or other thing identified in the declaration is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\n- (a) the chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and\n- (b) the declared disease is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and\n- (c) immediately before the commencement, the declaration is still in force.\n- (a) the emergency disease declaration is taken to be a regulation made under section 503(2)(e); and\n- (b) the declared disease is taken to be a contaminant in an amount more than the maximum acceptable level in a carrier.\n- (a) the chief executive has under the amended Act, section 96 made an emergency quarantine declaration; and\n- (b) the declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue that is a contaminant over the prescribed concentration level for the residue; and\n- (c) immediately before the commencement, the emergency quarantine declaration is still in force.\n- (a) the emergency quarantine declaration— (i) is taken to be a biosecurity emergency order made by the chief executive under section 113; and (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (b) the area quarantined under the declaration is taken to be the biosecurity emergency area for the biosecurity emergency order; and\n- (c) the declared disease or other thing identified in the declaration is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and","sortOrder":844},{"sectionNumber":"sch.3-sec.103","sectionType":"section","heading":"Emergency disease or quarantine declaration relating to residue other than contaminant","content":"### sch.3-sec.103 Emergency disease or quarantine declaration relating to residue other than contaminant\n\nSubsection (2) applies if—\nthe chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and\nthe declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\nimmediately before the commencement, the declaration is still in force.\nOn the commencement—\nthe emergency disease declaration—\ncontinues in force as if this Act had not been enacted; and\ncontinues to have effect for the period it would have had effect under the amended Act, section 96; and\nthe following provisions of the amended Act continue to apply as if this Act had not been enacted—\nthe amended Act, sections 98, 99, 101 and 103;\nany other provision of the amended Act necessary for the provisions to have effect or be enforced.\nSubsection (4) applies if—\nthe chief executive has under the amended Act, section 96, made an emergency quarantine declaration; and\nthe declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\nimmediately before the commencement, the emergency quarantine declaration is still in force.\nOn the commencement—\nthe emergency quarantine declaration—\ncontinues in force as if this Act had not been enacted; and\ncontinues to have effect for the period it would have had effect under the amended Act, section 96; and\nthe following provisions of the amended Act continue to apply as if this Act had not been enacted—\nthe amended Act, sections 98, 99, 101 and 103;\nany other provision of the amended Act necessary for the provisions to have effect or be enforced.\n(sch.3-sec.103-ssec.1) Subsection (2) applies if— the chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and the declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and immediately before the commencement, the declaration is still in force.\n(sch.3-sec.103-ssec.2) On the commencement— the emergency disease declaration— continues in force as if this Act had not been enacted; and continues to have effect for the period it would have had effect under the amended Act, section 96; and the following provisions of the amended Act continue to apply as if this Act had not been enacted— the amended Act, sections 98, 99, 101 and 103; any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n(sch.3-sec.103-ssec.3) Subsection (4) applies if— the chief executive has under the amended Act, section 96, made an emergency quarantine declaration; and the declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and immediately before the commencement, the emergency quarantine declaration is still in force.\n(sch.3-sec.103-ssec.4) On the commencement— the emergency quarantine declaration— continues in force as if this Act had not been enacted; and continues to have effect for the period it would have had effect under the amended Act, section 96; and the following provisions of the amended Act continue to apply as if this Act had not been enacted— the amended Act, sections 98, 99, 101 and 103; any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (a) the chief executive has under the amended Act, section 96 made an emergency disease declaration that states the declared disease the subject of the declaration; and\n- (b) the declared disease is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\n- (c) immediately before the commencement, the declaration is still in force.\n- (a) the emergency disease declaration— (i) continues in force as if this Act had not been enacted; and (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (i) continues in force as if this Act had not been enacted; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (b) the following provisions of the amended Act continue to apply as if this Act had not been enacted— (i) the amended Act, sections 98, 99, 101 and 103; (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (i) the amended Act, sections 98, 99, 101 and 103;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (i) continues in force as if this Act had not been enacted; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (i) the amended Act, sections 98, 99, 101 and 103;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (a) the chief executive has under the amended Act, section 96, made an emergency quarantine declaration; and\n- (b) the declared disease or other thing identified in the declaration as the reason for making the declaration is a chemical residue (other than a contaminant) or an antibiotic residue over the prescribed concentration level for the residue; and\n- (c) immediately before the commencement, the emergency quarantine declaration is still in force.\n- (a) the emergency quarantine declaration— (i) continues in force as if this Act had not been enacted; and (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (i) continues in force as if this Act had not been enacted; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (b) the following provisions of the amended Act continue to apply as if this Act had not been enacted— (i) the amended Act, sections 98, 99, 101 and 103; (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (i) the amended Act, sections 98, 99, 101 and 103;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.\n- (i) continues in force as if this Act had not been enacted; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 96; and\n- (i) the amended Act, sections 98, 99, 101 and 103;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or be enforced.","sortOrder":845},{"sectionNumber":"sch.3-pt.3-div.8","sectionType":"division","heading":"Transitional provisions for Plant Protection Act 1989","content":"## Transitional provisions for Plant Protection Act 1989","sortOrder":846},{"sectionNumber":"sch.3-sec.104","sectionType":"section","heading":"Existing pest declarations","content":"### sch.3-sec.104 Existing pest declarations\n\nSubsection (2) applies if—\nunder the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and\nimmediately before the commencement, the regulation is still in force.\nOn the commencement, the regulation is taken to be a prohibited matter regulation declaring the pest to be prohibited matter.\nSubsection (4) applies if—\nunder the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement, the notice—\nis taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and\ncontinues to have effect for the period it would have had effect under the repealed Act, section 4(3).\n(sch.3-sec.104-ssec.1) Subsection (2) applies if— under the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the regulation is still in force.\n(sch.3-sec.104-ssec.2) On the commencement, the regulation is taken to be a prohibited matter regulation declaring the pest to be prohibited matter.\n(sch.3-sec.104-ssec.3) Subsection (4) applies if— under the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.104-ssec.4) On the commencement, the notice— is taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and continues to have effect for the period it would have had effect under the repealed Act, section 4(3).\n- (a) under the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and\n- (b) immediately before the commencement, the regulation is still in force.\n- (a) under the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) is taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and\n- (b) continues to have effect for the period it would have had effect under the repealed Act, section 4(3).","sortOrder":847},{"sectionNumber":"sch.3-sec.105","sectionType":"section","heading":"Declarations of pest quarantine areas","content":"### sch.3-sec.105 Declarations of pest quarantine areas\n\nSubsection (2) applies if—\nunder the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and\nimmediately before the commencement, the regulation is still in force.\nOn the commencement—\nthe regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and\nthe pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\nthe pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.\nSubsection (4) applies if—\nunder the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement—\nthe notice—\nis taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\ncontinues to have effect for the period it would have had effect under the repealed Act, section 11(9); and\nthe pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and\nthe pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\nSubsection (6) applies if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the matters stated in paragraph (a) or (c) of that section.\nFrom the commencement—\nfor an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or\nfor an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption.\n(sch.3-sec.105-ssec.1) Subsection (2) applies if— under the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and immediately before the commencement, the regulation is still in force.\n(sch.3-sec.105-ssec.2) On the commencement— the regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and the pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and the pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.\n(sch.3-sec.105-ssec.3) Subsection (4) applies if— under the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.105-ssec.4) On the commencement— the notice— is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and the pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and the pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\n(sch.3-sec.105-ssec.5) Subsection (6) applies if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the matters stated in paragraph (a) or (c) of that section.\n(sch.3-sec.105-ssec.6) From the commencement— for an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or for an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption.\n- (a) under the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and\n- (b) immediately before the commencement, the regulation is still in force.\n- (a) the regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and\n- (b) the pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\n- (c) the pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.\n- (a) under the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) the notice— (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\n- (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and\n- (b) the pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and\n- (c) the pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order.\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\n- (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and\n- (a) for an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or\n- (b) for an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption.","sortOrder":848},{"sectionNumber":"sch.3-sec.106","sectionType":"section","heading":"Undertaking instead of declaration of pest quarantine area","content":"### sch.3-sec.106 Undertaking instead of declaration of pest quarantine area\n\nThis section applies if—\nthe Minister has, under the repealed Act, section 11(4), accepted an undertaking from the owner of land; and\nthe undertaking is in force immediately before the commencement.\nFrom the commencement—\nthe undertaking continues to apply to the owner as if this Act had not been enacted; and\nif, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the conditions imposed on the undertaking—the exemption continues to apply as if this Act had not been enacted; and\nthe repealed Act, section 11(10), continues to apply in relation to the undertaking.\n(sch.3-sec.106-ssec.1) This section applies if— the Minister has, under the repealed Act, section 11(4), accepted an undertaking from the owner of land; and the undertaking is in force immediately before the commencement.\n(sch.3-sec.106-ssec.2) From the commencement— the undertaking continues to apply to the owner as if this Act had not been enacted; and if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the conditions imposed on the undertaking—the exemption continues to apply as if this Act had not been enacted; and the repealed Act, section 11(10), continues to apply in relation to the undertaking.\n- (a) the Minister has, under the repealed Act, section 11(4), accepted an undertaking from the owner of land; and\n- (b) the undertaking is in force immediately before the commencement.\n- (a) the undertaking continues to apply to the owner as if this Act had not been enacted; and\n- (b) if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the conditions imposed on the undertaking—the exemption continues to apply as if this Act had not been enacted; and\n- (c) the repealed Act, section 11(10), continues to apply in relation to the undertaking.","sortOrder":849},{"sectionNumber":"sch.3-sec.107","sectionType":"section","heading":"Approved plant declarations","content":"### sch.3-sec.107 Approved plant declarations\n\nThis section applies if—\nbefore the commencement, the chief executive made an approved plant declaration under the repealed Act, section 11A, that allowed planting or cultivating of an approved plant variety in a pest quarantine area within the meaning of that Act; and\nthe declaration is still in force immediately before the commencement.\nOn the commencement—\nif a regulation declared an area to be the pest quarantine area—the approved plant declaration is taken to be included in the biosecurity zone regulatory provisions under section 105(2)(a); or\nif the Minister by notice under the repealed Act, section 11(1), declared the pest quarantine area—the approved plant declaration is taken to be a provision of the biosecurity emergency order under section 105(4)(a)(i).\n(sch.3-sec.107-ssec.1) This section applies if— before the commencement, the chief executive made an approved plant declaration under the repealed Act, section 11A, that allowed planting or cultivating of an approved plant variety in a pest quarantine area within the meaning of that Act; and the declaration is still in force immediately before the commencement.\n(sch.3-sec.107-ssec.2) On the commencement— if a regulation declared an area to be the pest quarantine area—the approved plant declaration is taken to be included in the biosecurity zone regulatory provisions under section 105(2)(a); or if the Minister by notice under the repealed Act, section 11(1), declared the pest quarantine area—the approved plant declaration is taken to be a provision of the biosecurity emergency order under section 105(4)(a)(i).\n- (a) before the commencement, the chief executive made an approved plant declaration under the repealed Act, section 11A, that allowed planting or cultivating of an approved plant variety in a pest quarantine area within the meaning of that Act; and\n- (b) the declaration is still in force immediately before the commencement.\n- (a) if a regulation declared an area to be the pest quarantine area—the approved plant declaration is taken to be included in the biosecurity zone regulatory provisions under section 105(2)(a); or\n- (b) if the Minister by notice under the repealed Act, section 11(1), declared the pest quarantine area—the approved plant declaration is taken to be a provision of the biosecurity emergency order under section 105(4)(a)(i).","sortOrder":850},{"sectionNumber":"sch.3-sec.108","sectionType":"section","heading":"Keeping of business documents","content":"### sch.3-sec.108 Keeping of business documents\n\nIf, immediately before the commencement, a person is required under the repealed Act, section 11C or 11D, (a repealed section ) to keep a business document for an area—\nthe obligation to keep the document under the repealed section continues to apply to the person; and\nthe period stated in the repealed section for keeping the document—\ncontinues to apply for keeping the document; and\ncontinues to have started from when the period started under the repealed section.\n- (a) the obligation to keep the document under the repealed section continues to apply to the person; and\n- (b) the period stated in the repealed section for keeping the document— (i) continues to apply for keeping the document; and (ii) continues to have started from when the period started under the repealed section.\n- (i) continues to apply for keeping the document; and\n- (ii) continues to have started from when the period started under the repealed section.\n- (i) continues to apply for keeping the document; and\n- (ii) continues to have started from when the period started under the repealed section.","sortOrder":851},{"sectionNumber":"sch.3-sec.109","sectionType":"section","heading":"Existing pest surveillance programs","content":"### sch.3-sec.109 Existing pest surveillance programs\n\nThis section applies to a pest surveillance program authorised under the repealed Act, section 20B, and in force immediately before the commencement.\nOn the commencement, the program—\nis taken to be a surveillance program authorised by the chief executive under chapter 9; and\ncontinues to have effect for the period it would have had effect under the repealed Act.\n(sch.3-sec.109-ssec.1) This section applies to a pest surveillance program authorised under the repealed Act, section 20B, and in force immediately before the commencement.\n(sch.3-sec.109-ssec.2) On the commencement, the program— is taken to be a surveillance program authorised by the chief executive under chapter 9; and continues to have effect for the period it would have had effect under the repealed Act.\n- (a) is taken to be a surveillance program authorised by the chief executive under chapter 9; and\n- (b) continues to have effect for the period it would have had effect under the repealed Act.","sortOrder":852},{"sectionNumber":"sch.3-sec.110","sectionType":"section","heading":"Intergovernmental agreements and assurance certificates","content":"### sch.3-sec.110 Intergovernmental agreements and assurance certificates\n\nSubsection (2) applies to an intergovernmental agreement entered into under the repealed Act, section 21L (the existing agreement ), that is in force immediately before the commencement.\nFrom the commencement—\nthe existing agreement is taken to be an intergovernmental agreement entered into under section 390 (the continuing agreement ); and\nthe continuing agreement applies to the parties to the existing agreement with any necessary changes to give effect to the existing agreement; and\na reference in the existing agreement to an assurance certificate is taken to be a reference to an acceptable biosecurity certificate for the continuing agreement.\nSubsection (4) applies if an assurance certificate that is in effect immediately before the commencement makes a statement about the existence of a fact in relation to a plant, or other thing that may spread a pest, within the meaning of the repealed Act.\nFrom the commencement—\nthe assurance certificate is taken to be an acceptable biosecurity certificate about the plant or other thing; and\nan authorised officer may accept and, without further checking, rely and act on the assurance certificate in relation to the fact as if it were an acceptable biosecurity certificate.\n(sch.3-sec.110-ssec.1) Subsection (2) applies to an intergovernmental agreement entered into under the repealed Act, section 21L (the existing agreement ), that is in force immediately before the commencement.\n(sch.3-sec.110-ssec.2) From the commencement— the existing agreement is taken to be an intergovernmental agreement entered into under section 390 (the continuing agreement ); and the continuing agreement applies to the parties to the existing agreement with any necessary changes to give effect to the existing agreement; and a reference in the existing agreement to an assurance certificate is taken to be a reference to an acceptable biosecurity certificate for the continuing agreement.\n(sch.3-sec.110-ssec.3) Subsection (4) applies if an assurance certificate that is in effect immediately before the commencement makes a statement about the existence of a fact in relation to a plant, or other thing that may spread a pest, within the meaning of the repealed Act.\n(sch.3-sec.110-ssec.4) From the commencement— the assurance certificate is taken to be an acceptable biosecurity certificate about the plant or other thing; and an authorised officer may accept and, without further checking, rely and act on the assurance certificate in relation to the fact as if it were an acceptable biosecurity certificate.\n- (a) the existing agreement is taken to be an intergovernmental agreement entered into under section 390 (the continuing agreement ); and\n- (b) the continuing agreement applies to the parties to the existing agreement with any necessary changes to give effect to the existing agreement; and\n- (c) a reference in the existing agreement to an assurance certificate is taken to be a reference to an acceptable biosecurity certificate for the continuing agreement.\n- (a) the assurance certificate is taken to be an acceptable biosecurity certificate about the plant or other thing; and\n- (b) an authorised officer may accept and, without further checking, rely and act on the assurance certificate in relation to the fact as if it were an acceptable biosecurity certificate.","sortOrder":853},{"sectionNumber":"sch.3-sec.111","sectionType":"section","heading":"Governmental and industry cost sharing agreements","content":"### sch.3-sec.111 Governmental and industry cost sharing agreements\n\nThis section applies to a government and industry cost sharing agreement (a GICS agreement ) entered into under the repealed Act, section 21LA, that is in force immediately before the commencement.\nFrom the commencement—\nthe GICS agreement is taken to be a government and industry agreement entered into under section 391; and\nthe government and industry agreement applies to the parties to the GICS agreement with any necessary changes to give effect to the GICS agreement.\n(sch.3-sec.111-ssec.1) This section applies to a government and industry cost sharing agreement (a GICS agreement ) entered into under the repealed Act, section 21LA, that is in force immediately before the commencement.\n(sch.3-sec.111-ssec.2) From the commencement— the GICS agreement is taken to be a government and industry agreement entered into under section 391; and the government and industry agreement applies to the parties to the GICS agreement with any necessary changes to give effect to the GICS agreement.\n- (a) the GICS agreement is taken to be a government and industry agreement entered into under section 391; and\n- (b) the government and industry agreement applies to the parties to the GICS agreement with any necessary changes to give effect to the GICS agreement.","sortOrder":854},{"sectionNumber":"sch.3-pt.3-div.9","sectionType":"division","heading":"Transitional provisions for Stock Act 1915","content":"## Transitional provisions for Stock Act 1915","sortOrder":855},{"sectionNumber":"sch.3-sec.112","sectionType":"section","heading":"Stock Diseases Compensation and Stock Improvement Fund","content":"### sch.3-sec.112 Stock Diseases Compensation and Stock Improvement Fund\n\nThis section applies to the Stock Diseases Compensation and Stock Improvement Fund (the compensation fund ) established under the repealed Act, section 8.\nOn the commencement—\nthe amounts in the compensation fund become the assets of the State; and\nthe liabilities mentioned in the repealed Act, section 8(3), become liabilities of the State.\n(sch.3-sec.112-ssec.1) This section applies to the Stock Diseases Compensation and Stock Improvement Fund (the compensation fund ) established under the repealed Act, section 8.\n(sch.3-sec.112-ssec.2) On the commencement— the amounts in the compensation fund become the assets of the State; and the liabilities mentioned in the repealed Act, section 8(3), become liabilities of the State.\n- (a) the amounts in the compensation fund become the assets of the State; and\n- (b) the liabilities mentioned in the repealed Act, section 8(3), become liabilities of the State.","sortOrder":856},{"sectionNumber":"sch.3-sec.113","sectionType":"section","heading":"Certificates of health for stock","content":"### sch.3-sec.113 Certificates of health for stock\n\nThis section applies to a certificate of health for stock under the repealed Act that—\nstates stock comply with the requirements under the repealed Act for introduction; and\nis in force immediately before the commencement.\nFrom the commencement—\nthe certificate of health is taken to be an acceptable biosecurity certificate about the stock; and\nthe acceptable biosecurity certificate has the same effect in relation to the statement as the certificate of health had under the repealed Act; and\nthe acceptable biosecurity certificate has effect for the period the certificate of health would have had effect under the repealed Act.\n(sch.3-sec.113-ssec.1) This section applies to a certificate of health for stock under the repealed Act that— states stock comply with the requirements under the repealed Act for introduction; and is in force immediately before the commencement.\n(sch.3-sec.113-ssec.2) From the commencement— the certificate of health is taken to be an acceptable biosecurity certificate about the stock; and the acceptable biosecurity certificate has the same effect in relation to the statement as the certificate of health had under the repealed Act; and the acceptable biosecurity certificate has effect for the period the certificate of health would have had effect under the repealed Act.\n- (a) states stock comply with the requirements under the repealed Act for introduction; and\n- (b) is in force immediately before the commencement.\n- (a) the certificate of health is taken to be an acceptable biosecurity certificate about the stock; and\n- (b) the acceptable biosecurity certificate has the same effect in relation to the statement as the certificate of health had under the repealed Act; and\n- (c) the acceptable biosecurity certificate has effect for the period the certificate of health would have had effect under the repealed Act.","sortOrder":857},{"sectionNumber":"sch.3-sec.114","sectionType":"section","heading":"Existing emergency disease notices","content":"### sch.3-sec.114 Existing emergency disease notices\n\nThis section applies if—\nunder the repealed Act, section 12A(1), the chief executive has made an emergency disease notice declaring a declared disease to be a disease for that Act; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement, the notice—\nis taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the declared disease to be prohibited matter; and\ncontinues to have effect for the period it would have had effect under the repealed Act, section 12A(6).\n(sch.3-sec.114-ssec.1) This section applies if— under the repealed Act, section 12A(1), the chief executive has made an emergency disease notice declaring a declared disease to be a disease for that Act; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.114-ssec.2) On the commencement, the notice— is taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the declared disease to be prohibited matter; and continues to have effect for the period it would have had effect under the repealed Act, section 12A(6).\n- (a) under the repealed Act, section 12A(1), the chief executive has made an emergency disease notice declaring a declared disease to be a disease for that Act; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) is taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the declared disease to be prohibited matter; and\n- (b) continues to have effect for the period it would have had effect under the repealed Act, section 12A(6).","sortOrder":858},{"sectionNumber":"sch.3-sec.115","sectionType":"section","heading":"Notifications of infected and declared areas","content":"### sch.3-sec.115 Notifications of infected and declared areas\n\nThis section applies if, under the repealed Act, section 13(1)—\nthe Minister has by notice notified an area to be an infected area or a declared area; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement—\nthe notice under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and\nthe infected area or declared area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\nthe disease stated in the notice is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.\n(sch.3-sec.115-ssec.1) This section applies if, under the repealed Act, section 13(1)— the Minister has by notice notified an area to be an infected area or a declared area; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.115-ssec.2) On the commencement— the notice under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and the infected area or declared area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and the disease stated in the notice is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.\n- (a) the Minister has by notice notified an area to be an infected area or a declared area; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) the notice under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and\n- (b) the infected area or declared area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and\n- (c) the disease stated in the notice is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions.","sortOrder":859},{"sectionNumber":"sch.3-sec.116","sectionType":"section","heading":"Quarantine and undertakings","content":"### sch.3-sec.116 Quarantine and undertakings\n\nIf—\nan inspector has, under the repealed Act, section 14, given notice to the owner of holdings in an area that the area is in quarantine; and\nimmediately before the commencement, the area is still in quarantine;\nfrom the commencement, the repealed Act, section 14 continues to apply as if this Act had not been enacted.\nIf—\nthe chief executive has, under the repealed Act, section 14(2), accepted an undertaking from the owner of a holding; and\nthe undertaking is in force immediately before the commencement;\nfrom the commencement, the undertaking continues to apply to the owner as if this Act had not been enacted.\n(sch.3-sec.116-ssec.1) If— an inspector has, under the repealed Act, section 14, given notice to the owner of holdings in an area that the area is in quarantine; and immediately before the commencement, the area is still in quarantine; from the commencement, the repealed Act, section 14 continues to apply as if this Act had not been enacted.\n(sch.3-sec.116-ssec.2) If— the chief executive has, under the repealed Act, section 14(2), accepted an undertaking from the owner of a holding; and the undertaking is in force immediately before the commencement; from the commencement, the undertaking continues to apply to the owner as if this Act had not been enacted.\n- (a) an inspector has, under the repealed Act, section 14, given notice to the owner of holdings in an area that the area is in quarantine; and\n- (b) immediately before the commencement, the area is still in quarantine;\n- (a) the chief executive has, under the repealed Act, section 14(2), accepted an undertaking from the owner of a holding; and\n- (b) the undertaking is in force immediately before the commencement;","sortOrder":860},{"sectionNumber":"sch.3-sec.117","sectionType":"section","heading":"Registration of registrable places and PICs","content":"### sch.3-sec.117 Registration of registrable places and PICs\n\nSubsection (2) applies if—\nthere is a registrable place that is registered under the repealed Act; and\nthe owner of the place—\nkeeps the threshold number or more of designated animals; and\nis not an owner of another registrable place; and\nthe registration is in force immediately before the commencement.\nOn the commencement—\nthe owner of the place is taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and\nthe place is taken to be a designated place the subject of the registration under paragraph (b); and\nthe PIC allocated under the repealed Act to the place is taken to be the PIC allocated under section 151 to the designated place.\nSubsection (4) applies if—\nthere is a registrable place (the first place ) that is registered under the repealed Act; and\nthe owner of the first place is an owner of another registrable place (the second place ) that is registered under the repealed Act; and\nthe owner of the first place keeps the threshold number or more of designated animals; and\nthe registration is in force immediately before the commencement.\nOn the commencement—\nthe owner of the first place may be taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and\nthe first place and the second place may be taken to be designated places the subject of the registration under paragraph (a); and\nthe PIC allocated under the repealed Act to each of the first place and second place may be taken to be the PIC allocated under section 151 to the designated places.\nSubsection (6) applies if—\nthere is a registrable place that is registered under the repealed Act; and\nthe owner of the place keeps fewer than the threshold number or more of designated animals; and\nthe registration is in force immediately before the commencement.\nOn the commencement—\nthe registration of the place ends; and\nthe PIC allocated to the place is of no effect.\n(sch.3-sec.117-ssec.1) Subsection (2) applies if— there is a registrable place that is registered under the repealed Act; and the owner of the place— keeps the threshold number or more of designated animals; and is not an owner of another registrable place; and the registration is in force immediately before the commencement.\n(sch.3-sec.117-ssec.2) On the commencement— the owner of the place is taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and the place is taken to be a designated place the subject of the registration under paragraph (b); and the PIC allocated under the repealed Act to the place is taken to be the PIC allocated under section 151 to the designated place.\n(sch.3-sec.117-ssec.3) Subsection (4) applies if— there is a registrable place (the first place ) that is registered under the repealed Act; and the owner of the first place is an owner of another registrable place (the second place ) that is registered under the repealed Act; and the owner of the first place keeps the threshold number or more of designated animals; and the registration is in force immediately before the commencement.\n(sch.3-sec.117-ssec.4) On the commencement— the owner of the first place may be taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and the first place and the second place may be taken to be designated places the subject of the registration under paragraph (a); and the PIC allocated under the repealed Act to each of the first place and second place may be taken to be the PIC allocated under section 151 to the designated places.\n(sch.3-sec.117-ssec.5) Subsection (6) applies if— there is a registrable place that is registered under the repealed Act; and the owner of the place keeps fewer than the threshold number or more of designated animals; and the registration is in force immediately before the commencement.\n(sch.3-sec.117-ssec.6) On the commencement— the registration of the place ends; and the PIC allocated to the place is of no effect.\n- (a) there is a registrable place that is registered under the repealed Act; and\n- (b) the owner of the place— (i) keeps the threshold number or more of designated animals; and (ii) is not an owner of another registrable place; and\n- (i) keeps the threshold number or more of designated animals; and\n- (ii) is not an owner of another registrable place; and\n- (c) the registration is in force immediately before the commencement.\n- (i) keeps the threshold number or more of designated animals; and\n- (ii) is not an owner of another registrable place; and\n- (a) the owner of the place is taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and\n- (b) the place is taken to be a designated place the subject of the registration under paragraph (b); and\n- (c) the PIC allocated under the repealed Act to the place is taken to be the PIC allocated under section 151 to the designated place.\n- (a) there is a registrable place (the first place ) that is registered under the repealed Act; and\n- (b) the owner of the first place is an owner of another registrable place (the second place ) that is registered under the repealed Act; and\n- (c) the owner of the first place keeps the threshold number or more of designated animals; and\n- (d) the registration is in force immediately before the commencement.\n- (a) the owner of the first place may be taken to be a registered biosecurity entity registered under section 149 for 3 years from the commencement unless the owner is sooner deregistered under section 152; and\n- (b) the first place and the second place may be taken to be designated places the subject of the registration under paragraph (a); and\n- (c) the PIC allocated under the repealed Act to each of the first place and second place may be taken to be the PIC allocated under section 151 to the designated places.\n- (a) there is a registrable place that is registered under the repealed Act; and\n- (b) the owner of the place keeps fewer than the threshold number or more of designated animals; and\n- (c) the registration is in force immediately before the commencement.\n- (a) the registration of the place ends; and\n- (b) the PIC allocated to the place is of no effect.","sortOrder":861},{"sectionNumber":"sch.3-sec.118","sectionType":"section","heading":"Existing approvals for particular places to remain unregistered","content":"### sch.3-sec.118 Existing approvals for particular places to remain unregistered\n\nThis section applies if—\nthe owner of a registrable place has been given an approval under the repealed Act for the place to remain unregistered; and\nthe owner keeps fewer than the threshold number of designated animals; and\nthe approval is in force immediately before the commencement.\nOn the commencement, the approval is taken to be a registration exemption given under section 146 to the owner.\n(sch.3-sec.118-ssec.1) This section applies if— the owner of a registrable place has been given an approval under the repealed Act for the place to remain unregistered; and the owner keeps fewer than the threshold number of designated animals; and the approval is in force immediately before the commencement.\n(sch.3-sec.118-ssec.2) On the commencement, the approval is taken to be a registration exemption given under section 146 to the owner.\n- (a) the owner of a registrable place has been given an approval under the repealed Act for the place to remain unregistered; and\n- (b) the owner keeps fewer than the threshold number of designated animals; and\n- (c) the approval is in force immediately before the commencement.","sortOrder":862},{"sectionNumber":"sch.3-sec.119","sectionType":"section","heading":"Approved tags","content":"### sch.3-sec.119 Approved tags\n\nAn approved tag under the repealed Act that is in effect before the commencement is, on the commencement, taken to be an approved device under section 174.\nSubsection (3) applies if an approved tag is applied to an animal in a way that complies with the repealed Act immediately before the commencement.\nOn the commencement, the animal is taken to be fitted with a suitable approved device for the animal.\n(sch.3-sec.119-ssec.1) An approved tag under the repealed Act that is in effect before the commencement is, on the commencement, taken to be an approved device under section 174.\n(sch.3-sec.119-ssec.2) Subsection (3) applies if an approved tag is applied to an animal in a way that complies with the repealed Act immediately before the commencement.\n(sch.3-sec.119-ssec.3) On the commencement, the animal is taken to be fitted with a suitable approved device for the animal.","sortOrder":863},{"sectionNumber":"sch.3-sec.120","sectionType":"section","heading":"Existing warranties implied on sale of stock","content":"### sch.3-sec.120 Existing warranties implied on sale of stock\n\nThis section applies if—\nbefore the commencement, there has been a sale or agreement for the sale of stock under the repealed Act, section 20; and\nwhether before or after the commencement, there is conclusive evidence, within the meaning of the repealed Act, section 20, of a breach of the warranty implied under that section about the stock.\nFrom the commencement, the following continue to apply in relation to the warranty as if this Act had not been enacted—\nthe rights of the purchaser of a head of stock under the repealed Act, section 20(3)(a);\nthe obligations of the vendor of a head of stock under the repealed Act, section 20(3)(b);\nthe repealed Act, section 20(2), (3A), (3B) and (6);\na regulation made before the commencement for the purposes of the repealed Act, section 20(11).\n(sch.3-sec.120-ssec.1) This section applies if— before the commencement, there has been a sale or agreement for the sale of stock under the repealed Act, section 20; and whether before or after the commencement, there is conclusive evidence, within the meaning of the repealed Act, section 20, of a breach of the warranty implied under that section about the stock.\n(sch.3-sec.120-ssec.2) From the commencement, the following continue to apply in relation to the warranty as if this Act had not been enacted— the rights of the purchaser of a head of stock under the repealed Act, section 20(3)(a); the obligations of the vendor of a head of stock under the repealed Act, section 20(3)(b); the repealed Act, section 20(2), (3A), (3B) and (6); a regulation made before the commencement for the purposes of the repealed Act, section 20(11).\n- (a) before the commencement, there has been a sale or agreement for the sale of stock under the repealed Act, section 20; and\n- (b) whether before or after the commencement, there is conclusive evidence, within the meaning of the repealed Act, section 20, of a breach of the warranty implied under that section about the stock.\n- (a) the rights of the purchaser of a head of stock under the repealed Act, section 20(3)(a);\n- (b) the obligations of the vendor of a head of stock under the repealed Act, section 20(3)(b);\n- (c) the repealed Act, section 20(2), (3A), (3B) and (6);\n- (d) a regulation made before the commencement for the purposes of the repealed Act, section 20(11).","sortOrder":864},{"sectionNumber":"sch.3-sec.121","sectionType":"section","heading":"Travel permits","content":"### sch.3-sec.121 Travel permits\n\nSubsection (2) applies if—\nan inspector has—\nunder the repealed Act, section 21B, issued a travel permit; or\nunder the repealed Act, section 21E, issued a travel permit for multiple movement of stock; and\nthe travel permit was in force immediately before the commencement.\nFrom the commencement—\nthe travel permit, and any conditions imposed under the repealed Act, section 21B, on the travel permit, continue to apply as if this Act had not been enacted; and\nthe repealed Act, sections 21D and 21F to 21K, and any other provision referred to in any of those provisions or necessary for those provisions to have effect, continue to apply to the travel permit as if this Act had not been enacted.\nSubsection (4) applies if an application for a travel permit made under the repealed Act, section 21C, has not been decided before the commencement.\nFrom the commencement, the application—\nis taken to be an application for a biosecurity instrument permit made under section 132 (2) of the Act ; and\nmust be decided under this Act.\n(sch.3-sec.121-ssec.1) Subsection (2) applies if— an inspector has— under the repealed Act, section 21B, issued a travel permit; or under the repealed Act, section 21E, issued a travel permit for multiple movement of stock; and the travel permit was in force immediately before the commencement.\n(sch.3-sec.121-ssec.2) From the commencement— the travel permit, and any conditions imposed under the repealed Act, section 21B, on the travel permit, continue to apply as if this Act had not been enacted; and the repealed Act, sections 21D and 21F to 21K, and any other provision referred to in any of those provisions or necessary for those provisions to have effect, continue to apply to the travel permit as if this Act had not been enacted.\n(sch.3-sec.121-ssec.3) Subsection (4) applies if an application for a travel permit made under the repealed Act, section 21C, has not been decided before the commencement.\n(sch.3-sec.121-ssec.4) From the commencement, the application— is taken to be an application for a biosecurity instrument permit made under section 132 (2) of the Act ; and must be decided under this Act.\n- (a) an inspector has— (i) under the repealed Act, section 21B, issued a travel permit; or (ii) under the repealed Act, section 21E, issued a travel permit for multiple movement of stock; and\n- (i) under the repealed Act, section 21B, issued a travel permit; or\n- (ii) under the repealed Act, section 21E, issued a travel permit for multiple movement of stock; and\n- (b) the travel permit was in force immediately before the commencement.\n- (i) under the repealed Act, section 21B, issued a travel permit; or\n- (ii) under the repealed Act, section 21E, issued a travel permit for multiple movement of stock; and\n- (a) the travel permit, and any conditions imposed under the repealed Act, section 21B, on the travel permit, continue to apply as if this Act had not been enacted; and\n- (b) the repealed Act, sections 21D and 21F to 21K, and any other provision referred to in any of those provisions or necessary for those provisions to have effect, continue to apply to the travel permit as if this Act had not been enacted.\n- (a) is taken to be an application for a biosecurity instrument permit made under section 132 (2) of the Act ; and\n- (b) must be decided under this Act.","sortOrder":865},{"sectionNumber":"sch.3-sec.122","sectionType":"section","heading":"Approvals for particular types of stock movement","content":"### sch.3-sec.122 Approvals for particular types of stock movement\n\nA stock movement approval, granted under the repealed Act and in force immediately before the commencement, from the commencement—\ncontinues in force as if this Act had not been enacted; and\nif conditions are imposed on the approval—remains in force only if the conditions are complied with.\nAn application for a stock movement approval, made under the repealed Act and not decided before the commencement, must be decided under the repealed Act from the commencement as if this Act had not been enacted.\nIn this section—\nstock movement approval means an approval under the repealed Act for a type of stock movement that exempts stock from an inspection and treatment requirement or subjects stock to another less stringent form of inspection or treatment.\n(sch.3-sec.122-ssec.1) A stock movement approval, granted under the repealed Act and in force immediately before the commencement, from the commencement— continues in force as if this Act had not been enacted; and if conditions are imposed on the approval—remains in force only if the conditions are complied with.\n(sch.3-sec.122-ssec.2) An application for a stock movement approval, made under the repealed Act and not decided before the commencement, must be decided under the repealed Act from the commencement as if this Act had not been enacted.\n(sch.3-sec.122-ssec.3) In this section— stock movement approval means an approval under the repealed Act for a type of stock movement that exempts stock from an inspection and treatment requirement or subjects stock to another less stringent form of inspection or treatment.\n- (a) continues in force as if this Act had not been enacted; and\n- (b) if conditions are imposed on the approval—remains in force only if the conditions are complied with.","sortOrder":866},{"sectionNumber":"sch.3-sec.123","sectionType":"section","heading":"Miscellaneous approvals given by chief inspector","content":"### sch.3-sec.123 Miscellaneous approvals given by chief inspector\n\nAny of the following approvals made under the repealed Act and in force immediately before the commencement continue in force from the commencement as if this Act had not been enacted—\nan approval for a person to inspect or treat, or supervise the inspection or treatment of, stock for cattle tick;\nthe approval of a program for the eradication or control of cattle tick;\nthe approval of a railway or road for the movement of stock.\n- (a) an approval for a person to inspect or treat, or supervise the inspection or treatment of, stock for cattle tick;\n- (b) the approval of a program for the eradication or control of cattle tick;\n- (c) the approval of a railway or road for the movement of stock.","sortOrder":867},{"sectionNumber":"sch.3-sec.124","sectionType":"section","heading":"Disease eradication programs","content":"### sch.3-sec.124 Disease eradication programs\n\nThis section applies to a disease eradication program established under the repealed Act, section 30, and in force immediately before the commencement.\nOn the commencement, the program—\nis taken to be a prevention and control program authorised by the chief executive under chapter 9; and\ncontinues to have effect for the period it would have had effect under the repealed Act.\n(sch.3-sec.124-ssec.1) This section applies to a disease eradication program established under the repealed Act, section 30, and in force immediately before the commencement.\n(sch.3-sec.124-ssec.2) On the commencement, the program— is taken to be a prevention and control program authorised by the chief executive under chapter 9; and continues to have effect for the period it would have had effect under the repealed Act.\n- (a) is taken to be a prevention and control program authorised by the chief executive under chapter 9; and\n- (b) continues to have effect for the period it would have had effect under the repealed Act.","sortOrder":868},{"sectionNumber":"sch.3-sec.125","sectionType":"section","heading":"Agreements in relation to disease eradication programs","content":"### sch.3-sec.125 Agreements in relation to disease eradication programs\n\nIf—\nthe chief executive has entered into an agreement under the repealed Act, section 30(1A) with the owner of any holding or premises or the owner of any stock; and\nthe agreement is in force immediately before the commencement;\nfrom the commencement, the repealed Act, section 30 continues to apply to the agreement as if this Act has not been enacted.\n- (a) the chief executive has entered into an agreement under the repealed Act, section 30(1A) with the owner of any holding or premises or the owner of any stock; and\n- (b) the agreement is in force immediately before the commencement;","sortOrder":869},{"sectionNumber":"sch.3-pt.3-div.10","sectionType":"division","heading":"Transitional provisions for Stock Route Management Act 2002","content":"## Transitional provisions for Stock Route Management Act 2002","sortOrder":870},{"sectionNumber":"sch.3-sec.126","sectionType":"section","heading":"Existing pest management plans and draft plans","content":"### sch.3-sec.126 Existing pest management plans and draft plans\n\nThe pest management plan of a local government adopted under the amended Act, section 30 and in force immediately before the commencement is, from the commencement, taken to be the local government’s biosecurity plan for invasive biosecurity matter for its area for the period stated in the plan.\nIf, before the commencement, a local government was preparing its draft pest management plan under the amended Act, section 27 but, immediately before the commencement, had not adopted the plan, the local government may either—\ncomplete the preparation and adoption of the plan in the way required under the amended Act, chapter 2, part 4; or\nend the preparation of the plan under the amended Act and make a biosecurity plan for invasive biosecurity matter for its area under section 53 of the Act .\nA pest management plan adopted by a local government in the way mentioned in subsection (2)(a) is taken to be the local government’s biosecurity plan for invasive biosecurity matter for its area for the period stated in the plan.\n(sch.3-sec.126-ssec.1) The pest management plan of a local government adopted under the amended Act, section 30 and in force immediately before the commencement is, from the commencement, taken to be the local government’s biosecurity plan for invasive biosecurity matter for its area for the period stated in the plan.\n(sch.3-sec.126-ssec.2) If, before the commencement, a local government was preparing its draft pest management plan under the amended Act, section 27 but, immediately before the commencement, had not adopted the plan, the local government may either— complete the preparation and adoption of the plan in the way required under the amended Act, chapter 2, part 4; or end the preparation of the plan under the amended Act and make a biosecurity plan for invasive biosecurity matter for its area under section 53 of the Act .\n(sch.3-sec.126-ssec.3) A pest management plan adopted by a local government in the way mentioned in subsection (2)(a) is taken to be the local government’s biosecurity plan for invasive biosecurity matter for its area for the period stated in the plan.\n- (a) complete the preparation and adoption of the plan in the way required under the amended Act, chapter 2, part 4; or\n- (b) end the preparation of the plan under the amended Act and make a biosecurity plan for invasive biosecurity matter for its area under section 53 of the Act .","sortOrder":871},{"sectionNumber":"sch.3-sec.127","sectionType":"section","heading":"Existing emergency pest notices","content":"### sch.3-sec.127 Existing emergency pest notices\n\nThis section applies if—\nunder the amended Act, section 37(2), the chief executive has by notice made a declaration under that section for a particular animal or plant; and\nimmediately before the commencement, the notice is still in force.\nOn the commencement, the notice—\nis taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the animal or plant to be prohibited matter; and\ncontinues to have effect for the period it would have had effect under the amended Act, section 37(7).\n(sch.3-sec.127-ssec.1) This section applies if— under the amended Act, section 37(2), the chief executive has by notice made a declaration under that section for a particular animal or plant; and immediately before the commencement, the notice is still in force.\n(sch.3-sec.127-ssec.2) On the commencement, the notice— is taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the animal or plant to be prohibited matter; and continues to have effect for the period it would have had effect under the amended Act, section 37(7).\n- (a) under the amended Act, section 37(2), the chief executive has by notice made a declaration under that section for a particular animal or plant; and\n- (b) immediately before the commencement, the notice is still in force.\n- (a) is taken to be an emergency prohibited matter declaration, made by the chief executive under chapter 2, part 2, declaring the animal or plant to be prohibited matter; and\n- (b) continues to have effect for the period it would have had effect under the amended Act, section 37(7).","sortOrder":872},{"sectionNumber":"sch.3-sec.128","sectionType":"section","heading":"Existing agreement to make opening in declared pest fence","content":"### sch.3-sec.128 Existing agreement to make opening in declared pest fence\n\nThis section applies to an agreement (the amended Act agreement ) a building authority entered into under the amended Act, section 52, with a person about making an opening in a declared pest fence for a particular purpose and period if the amended Act agreement is in force immediately before the commencement.\nOn the commencement, the amended Act agreement is taken to be an agreement that the building authority for the relevant barrier fence part entered into with the person under section 95 of the Act in the same terms and for the same period as the amended Act agreement.\nIn this section—\nrelevant barrier fence part means the barrier fence part in the area to which the amended Act agreement applies.\n(sch.3-sec.128-ssec.1) This section applies to an agreement (the amended Act agreement ) a building authority entered into under the amended Act, section 52, with a person about making an opening in a declared pest fence for a particular purpose and period if the amended Act agreement is in force immediately before the commencement.\n(sch.3-sec.128-ssec.2) On the commencement, the amended Act agreement is taken to be an agreement that the building authority for the relevant barrier fence part entered into with the person under section 95 of the Act in the same terms and for the same period as the amended Act agreement.\n(sch.3-sec.128-ssec.3) In this section— relevant barrier fence part means the barrier fence part in the area to which the amended Act agreement applies.","sortOrder":873},{"sectionNumber":"sch.3-sec.129","sectionType":"section","heading":"Notice directing restoration of declared pest fence","content":"### sch.3-sec.129 Notice directing restoration of declared pest fence\n\nThis section applies to a notice given before the commencement by a building authority under the amended Act, section 53 to restore a declared pest fence to the condition it was in before the fence was damaged or opened.\nFrom the commencement—\nthe notice is taken to be a notice given under section 96 of the Act by the building authority (the new building authority ) for the barrier fence part in the area to which the notice relates to restore the fence to the condition it was in before the fence was damaged or opened; and\nthe stated day by which the fence must be restored continues to apply for the restoration; and\nthe notice may be enforced by the new building authority.\n(sch.3-sec.129-ssec.1) This section applies to a notice given before the commencement by a building authority under the amended Act, section 53 to restore a declared pest fence to the condition it was in before the fence was damaged or opened.\n(sch.3-sec.129-ssec.2) From the commencement— the notice is taken to be a notice given under section 96 of the Act by the building authority (the new building authority ) for the barrier fence part in the area to which the notice relates to restore the fence to the condition it was in before the fence was damaged or opened; and the stated day by which the fence must be restored continues to apply for the restoration; and the notice may be enforced by the new building authority.\n- (a) the notice is taken to be a notice given under section 96 of the Act by the building authority (the new building authority ) for the barrier fence part in the area to which the notice relates to restore the fence to the condition it was in before the fence was damaged or opened; and\n- (b) the stated day by which the fence must be restored continues to apply for the restoration; and\n- (c) the notice may be enforced by the new building authority.","sortOrder":874},{"sectionNumber":"sch.3-sec.130","sectionType":"section","heading":"Pest control notices","content":"### sch.3-sec.130 Pest control notices\n\nThis section applies to a pest control notice for an animal given under the amended Act, section 78, before the commencement by a pest operational board under the amended Act, section 213.\nFrom the commencement—\nthe notice continues in effect as if this Act had not been enacted; and\nthe notice may be enforced by the invasive animal board or local government responsible for managing the animal as an invasive animal in the area to which the notice applies; and\nthe following provisions continue to apply as if this Act had not been enacted—\nthe amended Act, sections 79 and 80;\nany other provision of the amended Act necessary for the provisions to have effect or to be enforced.\n(sch.3-sec.130-ssec.1) This section applies to a pest control notice for an animal given under the amended Act, section 78, before the commencement by a pest operational board under the amended Act, section 213.\n(sch.3-sec.130-ssec.2) From the commencement— the notice continues in effect as if this Act had not been enacted; and the notice may be enforced by the invasive animal board or local government responsible for managing the animal as an invasive animal in the area to which the notice applies; and the following provisions continue to apply as if this Act had not been enacted— the amended Act, sections 79 and 80; any other provision of the amended Act necessary for the provisions to have effect or to be enforced.\n- (a) the notice continues in effect as if this Act had not been enacted; and\n- (b) the notice may be enforced by the invasive animal board or local government responsible for managing the animal as an invasive animal in the area to which the notice applies; and\n- (c) the following provisions continue to apply as if this Act had not been enacted— (i) the amended Act, sections 79 and 80; (ii) any other provision of the amended Act necessary for the provisions to have effect or to be enforced.\n- (i) the amended Act, sections 79 and 80;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or to be enforced.\n- (i) the amended Act, sections 79 and 80;\n- (ii) any other provision of the amended Act necessary for the provisions to have effect or to be enforced.","sortOrder":875},{"sectionNumber":"sch.3-sec.131","sectionType":"section","heading":"Register of pest control and entry notices","content":"### sch.3-sec.131 Register of pest control and entry notices\n\nThe register of pest control notices and entry notices kept under the amended Act, section 86 by the issuing entity for the notices is, from the commencement, taken to be included in the relevant register of biosecurity orders kept under section 379.","sortOrder":876},{"sectionNumber":"sch.3-sec.132","sectionType":"section","heading":"Emergency quarantine notices","content":"### sch.3-sec.132 Emergency quarantine notices\n\nThis section applies if—\nunder the amended Act, section 90—\nthe chief executive gives a landowner an emergency quarantine notice; or\nthe chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and\nimmediately before the commencement, the emergency quarantine notice is still in force.\nOn the commencement—\nthe emergency quarantine notice—\nis taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\ncontinues to have effect for the period it would have had effect under the amended Act, section 90; and\nthe land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and\nthe class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.\nSubsection (4) applies if—\nthe chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and\nimmediately before the commencement, the authorised person has not taken the action.\nOn the commencement—\nthe authorised person may take the action required under that section; and\nthe amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.\n(sch.3-sec.132-ssec.1) This section applies if— under the amended Act, section 90— the chief executive gives a landowner an emergency quarantine notice; or the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and immediately before the commencement, the emergency quarantine notice is still in force.\n(sch.3-sec.132-ssec.2) On the commencement— the emergency quarantine notice— is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and continues to have effect for the period it would have had effect under the amended Act, section 90; and the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.\n(sch.3-sec.132-ssec.3) Subsection (4) applies if— the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and immediately before the commencement, the authorised person has not taken the action.\n(sch.3-sec.132-ssec.4) On the commencement— the authorised person may take the action required under that section; and the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.\n- (a) under the amended Act, section 90— (i) the chief executive gives a landowner an emergency quarantine notice; or (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and\n- (i) the chief executive gives a landowner an emergency quarantine notice; or\n- (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and\n- (b) immediately before the commencement, the emergency quarantine notice is still in force.\n- (i) the chief executive gives a landowner an emergency quarantine notice; or\n- (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and\n- (a) the emergency quarantine notice— (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and\n- (b) the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and\n- (c) the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.\n- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and\n- (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and\n- (a) the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and\n- (b) immediately before the commencement, the authorised person has not taken the action.\n- (a) the authorised person may take the action required under that section; and\n- (b) the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.","sortOrder":877},{"sectionNumber":"sch.3-sec.133","sectionType":"section","heading":"Continuation of Darling Downs–Moreton Rabbit Board","content":"### sch.3-sec.133 Continuation of Darling Downs–Moreton Rabbit Board\n\nThis section applies to the Darling Downs–Moreton Rabbit Board (the former board ) established as a pest operational board under the amended Act, section 213, and in existence immediately before the commencement.\nOn the commencement, the former board is taken to be an invasive animal board (the continued board ) established under section 62 of the Act , with the same name as the former board.\nThe assets and liabilities of the former board immediately before the commencement become the assets and liabilities of the continued board.\nAn appointment of a person as a director of the former board and in force immediately before the commencement is taken to be an appointment under section 70 of the Act as a director of the continued board for the period stated in the director’s instrument of appointment.\nFor the purpose of calculating the duration of the appointment, it is taken to have been made when it was made under a previous provision of the amended Act.\nA director holding the office of chairperson of the former board immediately before the commencement continues to hold the office of chairperson of the continued board until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson under a previous provision of the amended Act.\nOn the commencement, a person employed by the former board continues to be employed by the continued board on the same conditions, and with the same entitlements of employment, that the person had immediately before the commencement.\n(sch.3-sec.133-ssec.1) This section applies to the Darling Downs–Moreton Rabbit Board (the former board ) established as a pest operational board under the amended Act, section 213, and in existence immediately before the commencement.\n(sch.3-sec.133-ssec.2) On the commencement, the former board is taken to be an invasive animal board (the continued board ) established under section 62 of the Act , with the same name as the former board.\n(sch.3-sec.133-ssec.3) The assets and liabilities of the former board immediately before the commencement become the assets and liabilities of the continued board.\n(sch.3-sec.133-ssec.4) An appointment of a person as a director of the former board and in force immediately before the commencement is taken to be an appointment under section 70 of the Act as a director of the continued board for the period stated in the director’s instrument of appointment.\n(sch.3-sec.133-ssec.5) For the purpose of calculating the duration of the appointment, it is taken to have been made when it was made under a previous provision of the amended Act.\n(sch.3-sec.133-ssec.6) A director holding the office of chairperson of the former board immediately before the commencement continues to hold the office of chairperson of the continued board until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson under a previous provision of the amended Act.\n(sch.3-sec.133-ssec.7) On the commencement, a person employed by the former board continues to be employed by the continued board on the same conditions, and with the same entitlements of employment, that the person had immediately before the commencement.","sortOrder":878},{"sectionNumber":"sch.3-sec.134","sectionType":"section","heading":"Existing delegation by pest operational board","content":"### sch.3-sec.134 Existing delegation by pest operational board\n\nThis section applies to a person who, immediately before the commencement, was given a power by delegation under the amended Act, section 239 by a pest operational board under the amended Act, section 213.\nOn the commencement, the person is taken to be a barrier fence employee appointed under section 100 of the Act until the earlier of the following, unless the person’s appointment as a barrier fence employee sooner ends—\nthe day the person is appointed under section 100;\nthe day that is the end of a period of 1 year after the commencement.\n(sch.3-sec.134-ssec.1) This section applies to a person who, immediately before the commencement, was given a power by delegation under the amended Act, section 239 by a pest operational board under the amended Act, section 213.\n(sch.3-sec.134-ssec.2) On the commencement, the person is taken to be a barrier fence employee appointed under section 100 of the Act until the earlier of the following, unless the person’s appointment as a barrier fence employee sooner ends— the day the person is appointed under section 100; the day that is the end of a period of 1 year after the commencement.\n- (a) the day the person is appointed under section 100;\n- (b) the day that is the end of a period of 1 year after the commencement.","sortOrder":879},{"sectionNumber":"sch.3-sec.135","sectionType":"section","heading":"References to pest operational boards and declared pest fence","content":"### sch.3-sec.135 References to pest operational boards and declared pest fence\n\nA reference in an Act or document to a pest operational board under the amended Act, section 213 may, from the commencement and if the context permits, be taken as a reference to the entity that, under this Act—\nfor a reference about the board managing an animal—manages the animal as an invasive animal; or\nfor a reference about the board having responsibility for a declared pest fence—is the building authority for the barrier fence part that is in the same area as the declared pest fence.\nA reference to a declared pest fence for an animal in an Act or document may, from the commencement and if the context permits, be taken as a reference to a barrier fence part for the animal.\n(sch.3-sec.135-ssec.1) A reference in an Act or document to a pest operational board under the amended Act, section 213 may, from the commencement and if the context permits, be taken as a reference to the entity that, under this Act— for a reference about the board managing an animal—manages the animal as an invasive animal; or for a reference about the board having responsibility for a declared pest fence—is the building authority for the barrier fence part that is in the same area as the declared pest fence.\n(sch.3-sec.135-ssec.2) A reference to a declared pest fence for an animal in an Act or document may, from the commencement and if the context permits, be taken as a reference to a barrier fence part for the animal.\n- (a) for a reference about the board managing an animal—manages the animal as an invasive animal; or\n- (b) for a reference about the board having responsibility for a declared pest fence—is the building authority for the barrier fence part that is in the same area as the declared pest fence.","sortOrder":880},{"sectionNumber":"sch.3-sec.136","sectionType":"section","heading":"Existing pest survey programs","content":"### sch.3-sec.136 Existing pest survey programs\n\nThis section applies to a pest survey program approved under the amended Act, section 241, and in force immediately before the commencement.\nFrom the commencement, a pest survey program continues as if it were—\nif the program authorised the prevention, management, reduction or eradication of a thing that is biosecurity matter—a prevention and control program; or\notherwise—a surveillance program.\nThe period for which the pest survey program has effect, stated in the program—\ncontinues to apply as if this Act had not been enacted; and\ncontinues to have started from when the period started under the amended Act.\nThe pest survey program may be varied, revoked or otherwise dealt with and enforced as if it were a biosecurity program.\nsch 3 renum 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sch.3-sec.136-ssec.1) This section applies to a pest survey program approved under the amended Act, section 241, and in force immediately before the commencement.\n(sch.3-sec.136-ssec.2) From the commencement, a pest survey program continues as if it were— if the program authorised the prevention, management, reduction or eradication of a thing that is biosecurity matter—a prevention and control program; or otherwise—a surveillance program.\n(sch.3-sec.136-ssec.3) The period for which the pest survey program has effect, stated in the program— continues to apply as if this Act had not been enacted; and continues to have started from when the period started under the amended Act.\n(sch.3-sec.136-ssec.4) The pest survey program may be varied, revoked or otherwise dealt with and enforced as if it were a biosecurity program.\n- (a) if the program authorised the prevention, management, reduction or eradication of a thing that is biosecurity matter—a prevention and control program; or\n- (b) otherwise—a surveillance program.\n- (a) continues to apply as if this Act had not been enacted; and\n- (b) continues to have started from when the period started under the amended Act.","sortOrder":881}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The provided text represents the original 2014 Act (with amendment notes showing subsequent changes). The scope appears consistent with the original intent as stated in section 4: establishing a comprehensive biosecurity framework for Queensland covering human health, agriculture, environment, and trade. While the Act is broad, it does not appear to have expanded beyond its original purposes as outlined in the purposes clause."},"complexity_factors":["19 chapters covering diverse subject matter from general obligations to emergency powers, compensation schemes, and transitional arrangements","Multiple overlapping classification systems: prohibited matter vs restricted matter (with 3 category levels), plus biosecurity zones and carriers","Nested conditional logic: section 28 (due diligence defence) contains 5 subsections with multiple nested conditions and exclusions","Extensive cross-referencing: references to schedules 1 and 2, multiple other Acts (Food Act 2006, Public Health Act 2005, etc.), and the Criminal Code","Delegated legislation framework: heavy reliance on regulations, codes of practice, and emergency declarations to operationalise the Act","Multiple amendment notes indicating evolving legislative framework (e.g., 'om 2024 No. 17 s 110 (uncommenced amendment)')","Dual liability structure: general biosecurity obligation applies broadly, while specific offences apply to prohibited/restricted matter with tiered penalties","Complex spatial application rules for ships (Queensland waters vs 'other waters') and interaction with Commonwealth jurisdiction"],"plain_english_summary":"This is Queensland's **Biosecurity Act 2014**, a comprehensive law designed to protect the state from pests, diseases, and contaminants that threaten agriculture, the environment, public health, and the economy.\n\n**What it does:**\nThe Act creates a framework for preventing, managing, and responding to biosecurity risks. It establishes a **\"general biosecurity obligation\"** — a legal duty requiring anyone who deals with plants, animals, or other biological material to take reasonable steps to prevent or minimise biosecurity risks. This applies to farmers, pet owners, researchers, and even everyday citizens.\n\n**Key features:**\n- **Prohibited matter**: Biosecurity threats not currently in Queensland (like foot-and-mouth disease) that must be reported immediately and cannot be possessed or moved without special permits.\n- **Restricted matter**: Biosecurity threats already present in Queensland, categorised into three levels (Category 1 being most serious, Category 3 least serious), with varying reporting and handling requirements.\n- **Emergency powers**: Allows rapid declaration of emergency biosecurity threats and immediate response actions.\n- **Enforcement**: Authorises inspectors to enter properties, seize materials, and issue orders to manage risks.\n- **Compensation**: Provides a scheme for paying statutory compensation when government actions under the Act cause damage or loss.\n\n**Who it affects:**\n- **Primary producers** (farmers, graziers, fishers)\n- **Local governments** (responsible for managing invasive species in their areas)\n- **Industry bodies** and natural resource management groups\n- **The general public** (through obligations to report suspicious diseases or pests)\n- **Businesses** handling animal feed, fertilisers, or agricultural inputs\n\n**Why it matters:**\nQueensland's economy relies heavily on agriculture and tourism. An outbreak of exotic disease or invasive pest could cost billions and damage international trade relationships. This Act provides the legal tools to respond quickly to threats like Hendra virus, invasive weeds, or contaminated feed, while balancing property rights and providing compensation pathways when the government intervenes."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope significantly expanded beyond a traditional quarantine or pest-control framework. It encompasses not just agriculture but also infrastructure services (power, water, communications), tourism and lifestyle industries, the built environment, companion animals, biodiversity, zoonotic diseases (animal-to-human transmission), industrial and mining waste contaminants, and human beings as biological carriers. This breadth goes well beyond what the title 'Biosecurity Act' might suggest to a layperson, effectively making it a comprehensive environmental and biological risk management statute."},"complexity_factors":["19 chapters covering a vast range of regulatory regimes (emergency powers, permits, registration, compensation, enforcement, auditing, agreements, accreditation, etc.)","Multiple overlapping classification categories for biosecurity matter (prohibited, restricted with 3 sub-categories) with dynamic reclassification mechanisms","Layered legislative hierarchy: schedules, regulations, emergency declarations, codes of practice, and guidelines all interact and can override each other","Complex interaction with at least 12 other Queensland and Commonwealth Acts, with nuanced rules about which prevails in cases of inconsistency","Broad and open-ended general biosecurity obligation (what is 'reasonable and practical' requires case-by-case judgment)","Multi-tiered penalty structure with aggravated and non-aggravated offences, each with different thresholds and defences","Emergency powers framework allowing rapid regulatory change by the chief executive without normal legislative process","Precautionary principle embedded in decision-making, creating legal uncertainty about when action is required under scientific uncertainty","Geographic and jurisdictional complexity (application to ships, Queensland waters, other waters, interaction with Commonwealth law)","Inclusion of humans as potential 'carriers' within the regulatory definition creates unusual scope"],"plain_english_summary":"## Queensland Biosecurity Act 2014 — What It Means For You\n\n### What Is This Law About?\nThis is Queensland's main law for protecting the state from biological threats — things like exotic diseases, invasive pests and weeds, contaminated animal feed, and harmful pathogens (disease-causing organisms). Think of it as the rulebook for keeping Queensland's farms, animals, plants, environment, and people safe from biological risks.\n\n### Who Does It Affect?\nPretty much **everyone in Queensland** — farmers, landowners, pet owners, businesses, local councils, and the State Government itself. If you deal with animals, plants, soil, water, or any biological material, this law likely applies to you in some way.\n\n### The Core Duty — The \"General Biosecurity Obligation\"\nEvery person who knows (or *should* know) that something they're doing or dealing with poses a biosecurity risk **must take all reasonable and practical steps** to prevent or minimise that risk. This isn't optional — it applies automatically. Examples of breaching this duty include:\n- Not isolating a sick animal from your herd\n- Not cleaning your boots when leaving a property where anthrax is present\n- Letting animals graze on land contaminated with heavy metals\n- Not managing invasive weeds or animals on your land\n\nBreaching this obligation carries serious penalties — up to **3,000 penalty units or 3 years' imprisonment** for the most serious cases (\"aggravated offences\" where significant damage to health, the economy, or environment was intended or recklessly risked).\n\n### Prohibited vs. Restricted Matter\nThe Act draws a key distinction between two types of dangerous biological material:\n\n- **Prohibited matter**: Things not currently present in Queensland that could cause serious harm if they arrived (e.g., exotic diseases). You **must not deal with** prohibited matter at all, and you **must report** it immediately if you find it. Penalties up to 1,000 penalty units or 1 year's imprisonment.\n\n- **Restricted matter**: Things already present in Queensland that need to be controlled or contained (like certain invasive weeds or animals). Rules vary by category — Category 1 and 2 must be reported within 24 hours; Category 3 has restrictions on how you can dispose of it.\n\nThe government can rapidly declare something to be prohibited or restricted matter via emergency declarations (effective immediately) if there's an urgent threat.\n\n### What Powers Does the Government Have?\n- **Enter your property** and seize things\n- Issue **biosecurity orders** requiring you to take specific actions\n- Declare **biosecurity emergencies** and take sweeping action\n- Register and track certain animals\n- Conduct audits and surveillance programs\n- Issue or revoke permits for otherwise prohibited activities\n\n### Can You Be Compensated?\nYes — if government action under this Act causes you loss or damage, there is a statutory compensation (government-mandated payment) scheme.\n\n### Can You Defend Yourself?\nYes — there are defences available, including:\n- **Reasonable excuse** (for non-aggravated offences)\n- **Due diligence** — proving you took all reasonable precautions, made proper enquiries, and followed industry codes of practice or regulations\n\n### Other Important Points\n- The Act works alongside other laws (like the Food Act and Public Health Act), but those laws take priority if there's a conflict\n- Breaching this Act does **not** automatically give someone else the right to sue you in a private civil lawsuit\n- Local councils have specific roles and obligations under the Act\n- The Act embraces the **precautionary principle** — scientific uncertainty is *not* a valid excuse for delaying action against a biosecurity risk"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.7","severity":"high","reasoning":"Section 7(1) states the Act binds the Commonwealth and other States (to the extent legislative power permits). Section 7(2) then says they cannot be prosecuted for an offence. If a Crown entity cannot be prosecuted, the binding effect is illusory — there is no legal consequence for non-compliance, rendering the obligation effectively unenforceable and the 'binding' language meaningless.","confidence":0.85,"description":"The Act binds the Commonwealth and other States but expressly prohibits them from being prosecuted for offences. This creates an unenforceable obligation — the Act purports to impose duties on the Commonwealth and other States while simultaneously immunising them from the only enforcement mechanism available."},{"type":"circular_definition","section":"sec.4(ssec.3)","severity":"low","reasoning":"The term 'built environment' is defined by reference to 'the environment' — the very concept it is supposed to distinguish itself from. The qualification about buildings is explanatory but does not resolve the circularity. It is unclear where 'the environment' ends and the 'built environment' begins, since the definition subsumes rather than delineates.","confidence":0.65,"description":"The definition of 'built environment' is circularly defined as 'the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.' This defines the built environment as simply 'the environment' with a qualification, rather than providing a meaningful distinction from the natural environment."},{"type":"other","section":"sec.15(ssec.1)","severity":"medium","reasoning":"Sections 36 and 37 impose obligations on persons who have biosecurity matter 'in their possession or under their control' and prohibit 'dealing with' biosecurity matter. These obligations are physically impossible to apply to 'a disease' as an abstract condition. The pathogenic agent causing a disease is already captured under section 15(1)(b); including 'a disease' as a separate category is both redundant and creates impossible compliance obligations when read with the possession/dealing provisions.","confidence":0.75,"description":"Biosecurity matter is defined to include 'a disease' as a standalone category. A disease is not a physical thing capable of independent existence — it is a condition or state experienced by a host organism. Declaring 'a disease' itself to be biosecurity matter, rather than the causative pathogenic agent, creates a logically incoherent category that cannot be practically identified, possessed, moved, or dealt with as a discrete physical object."},{"type":"other","section":"sec.17(ssec.2)","severity":"medium","reasoning":"Section 17 defines a carrier as 'any animal or plant... or any other thing' capable of moving biosecurity matter, and 'thing' includes a human. Chapter 10 provides powers to seize 'things'. If a human is a carrier, the seizure and dealing provisions could theoretically apply to humans as objects of regulatory action without any specific human rights safeguards being addressed in the sections provided. The Act does not reconcile this with fundamental rights.","confidence":0.7,"description":"The definition of 'carrier' includes humans (via the definition of 'thing' which 'includes a human'). When read with the general biosecurity obligation in section 23 and the prohibition on dealing with prohibited matter in section 37, humans can technically be classified as carriers subject to regulatory obligations — including obligations on other persons who 'deal with' that carrier. The practical and rights implications of humans being statutory 'carriers' subject to seizure provisions under chapter 10 are not addressed."},{"type":"impossible_compliance","section":"sec.31(ssec.6)","severity":"high","reasoning":"Section 33(1) states an emergency prohibited matter declaration 'has effect from when it is made' — which can precede any publication. Section 31(6) then confirms publication failure does not invalidate the declaration. Combined with section 37's criminal prohibition on dealing with prohibited matter, persons could be criminally liable for dealing with matter declared prohibited by a document that was never published and which they could not have known about. This creates an impossible compliance scenario.","confidence":0.88,"description":"An emergency prohibited matter declaration is explicitly stated to be 'not invalid only because of a failure of the chief executive to comply with' the publication and notification requirements in subsections (4) and (5). This means a declaration can impose criminal liability on persons (via sections 36 and 37) who have had no practical means of knowing the declaration exists, since the chief executive need not have published it anywhere."},{"type":"self_contradicting","section":"sec.20 and sec.30(ssec.3)","severity":"medium","reasoning":"The foundational criterion for prohibited matter is absence from the State. Once matter spreads, it is present — meaning it categorically fails the prohibited matter criteria of section 20. The Act then uses this spread as a ground to de-list rather than acknowledging that the matter has always, by definition, ceased to be 'prohibited matter' the moment it became established and present. The regulatory framework does not address this definitional gap.","confidence":0.72,"description":"The prohibited matter criteria in section 20 require that the biosecurity matter 'is not currently present or known to be present in the State.' However, section 30(3) allows a prohibited matter regulation to de-list biosecurity matter as prohibited because it 'has spread and is in a large area of the State.' Once widely spread, the matter could theoretically no longer satisfy the prohibited matter criteria (being now 'present' in the State), yet the regulatory mechanism treats this as a reason to remove the prohibition rather than a logical impossibility in the original classification framework."},{"type":"self_contradicting","section":"sec.9(ssec.1) and sec.9(ssec.2)","severity":"low","reasoning":"The proposition that this Act 'does not limit any other Act' is immediately qualified by a list of Acts that prevail over this Act in cases of inconsistency. If the Act truly did not limit any other Act, no inconsistency could arise that would require a tiebreaker. The inclusion of subsection (2) implicitly acknowledges that subsection (1) is not literally true, creating an internal logical tension.","confidence":0.68,"description":"Section 9(1) states the Act 'is in addition to, and does not limit, any other Act.' Section 9(2) immediately contradicts this by stating that where this Act is inconsistent with certain listed Acts, those Acts prevail. If this Act does not limit any other Act, the primacy clause in subsection (2) is superfluous — those other Acts would already prevail by virtue of subsection (1)."},{"type":"other","section":"sec.10 and sec.11","severity":"low","reasoning":"While not strictly contradictory, sections 10 and 11 create a curious legal vacuum where the Act is simultaneously irrelevant to civil liability whether obeyed or disobeyed. This is a recognised drafting technique but its combination here means a person could face civil liability despite full compliance and face no civil liability despite breach — an outcome that arguably undermines the Act's stated compensatory purposes in Chapter 11.","confidence":0.6,"description":"Section 10 states no provision of the Act creates a civil cause of action based on a contravention. Section 11(1) states the Act does not affect or limit civil rights or remedies existing apart from the Act. Section 11(2) adds that compliance with the Act does not show a civil obligation has been satisfied. Together, these provisions create an asymmetric scheme: a person can breach the Act without civil liability, but compliance does not protect them from civil liability either — meaning the Act has no bearing on civil obligations in either direction, raising the question of what civil law purpose it serves."},{"type":"self_contradicting","section":"sec.27","severity":"medium","reasoning":"An offence 'is an aggravated offence if the commission of the offence causes significant damage' (objective, outcome-based) yet to prove it, prosecution must show the person 'intended' or 'was reckless as to whether' significant damage would result (subjective). An act can cause significant damage without the actor being reckless about it. The definition in subsection (1) is therefore broader than what is provable under subsection (2), meaning the legal category of 'aggravated offence' can exist in fact but be impossible to prosecute as such.","confidence":0.78,"description":"The aggravated offence provision in section 27 requires two distinct elements that are not clearly reconciled: subsection (1) defines an aggravated offence by its objective outcome (causes or is likely to cause significant damage), while subsection (2) requires proof of subjective fault (intent or recklessness). It is possible for an offence to objectively cause significant damage without the offender being reckless about it, creating a mismatch between the definition trigger and the proof requirements."}],"contradictions":[{"severity":"low","section_a":"sec.9(ssec.1)","section_b":"sec.9(ssec.2)","confidence":0.72,"description":"Section 9(1) declares this Act 'is in addition to, and does not limit, any other Act,' while section 9(2) immediately provides that certain named Acts prevail over this Act to the extent of any inconsistency — implying this Act can and does conflict with (and thus limit) other Acts."},{"severity":"low","section_a":"sec.20","section_b":"sec.30(ssec.2)","confidence":0.55,"description":"Section 20 defines prohibited matter criteria as requiring biosecurity matter to 'not currently be present or known to be present in the State.' Section 30(2) allows a prohibited matter regulation to be made only if 'the biosecurity matter satisfies the prohibited matter criteria.' However, if the matter is genuinely not present in the State, the urgency basis for making a regulation under section 30(2)(b) ('prompt action is required') is hard to reconcile — prompt action to prevent entry of something already absent suggests an inherent tension in the risk framing."},{"severity":"high","section_a":"sec.31(ssec.1)","section_b":"sec.33(ssec.1)","confidence":0.85,"description":"Section 31(4) and (5) impose mandatory notification and publication obligations on the chief executive after making an emergency prohibited matter declaration. Section 33(1) states the declaration 'has effect from when it is made.' Section 31(6) then states the declaration is not invalid for failure to publish. The contradiction is that criminal liability under sections 36-37 attaches from the moment of making, yet the publication obligation (the only mechanism by which persons could know of their obligations) is both mandatory and yet non-invalidating if breached — creating a structural contradiction between the rule of law requirement of notice and the validity provision."},{"severity":"medium","section_a":"sec.24(ssec.2)","section_b":"sec.28(ssec.1)","confidence":0.65,"description":"Section 24(2) provides a defence of 'reasonable excuse' for non-aggravated offences (except prohibited matter breaches, which carry the same penalties as section 28's due diligence defence). Section 28 provides a separate and more demanding 'due diligence' defence. The relationship between these two defences is not clearly delineated — it is unclear whether 'reasonable excuse' is a lower threshold than 'due diligence' or whether they operate in parallel, creating uncertainty about which standard applies in overlapping circumstances."},{"severity":"low","section_a":"sec.10","section_b":"sec.11(ssec.1)","confidence":0.58,"description":"Section 10 states no provision creates a civil cause of action based on a contravention. Section 11(1) states the Act does not affect or limit civil rights or remedies existing apart from the Act. While not directly contradictory in formal terms, together they produce the anomalous result that breaching the Act has no civil consequences (sec.10) but existing civil rights are preserved (sec.11) — meaning the Act's regulatory scheme is entirely decoupled from the civil law system it operates alongside, potentially undermining compensation outcomes under Chapter 11."}]}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-act-2014","history":"/api/acts/biosecurity-act-2014/history","analysis":"/api/acts/biosecurity-act-2014/analysis","conflicts":"/api/acts/biosecurity-act-2014/conflicts","importantCases":"/api/acts/biosecurity-act-2014/important-cases","documents":"/api/acts/biosecurity-act-2014/documents"}}