{"id":"a-2023-50","name":"Biosecurity Act 2023","slug":"biosecurity-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"50 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23139,"registerId":"act-a-2023-50-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Biosecurity Act 2023.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘native animal—see the Nature\nConservation Act 2014, section 12.’ means that the term ‘native animal’\nis defined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroduction Division 1.1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention, negligent,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe main objects of this Act are—\n(a) to manage biosecurity risks arising from—\n(i) biosecurity matter; and\n(ii) dealings with biosecurity matter or carriers; and\n(iii) other activities involving biosecurity matter or carriers; and\n(b) to promote biosecurity as a shared responsibility between\ngovernment, industry and the community; and\n(c) to provide a flexible and responsive framework for the effective\nmanagement of pests, diseases, contaminants and other\nbiosecurity matter that may have an adverse effect on the\nenvironment, the economy or the community; and\n(d) to provide a framework for risk-based decision-making in\nrelation to biosecurity; and\n(e) to give effect to intergovernmental biosecurity agreements to\nwhich the Territory is a party; and\n\n(f) to facilitate trade by ensuring that biosecurity requirements in\nother jurisdictions are met.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act—emergency services and police","content":"7 Application of Act—emergency services and police\n(1) This Act does not apply to the exercise or purported exercise of a\nfunction by—\n(a) a relevant person under the Emergencies Act 2004, for the\npurpose of protecting life, property or the environment; or\n(b) a police officer, for the purpose of protecting life or property.\nemergency controller—see the Emergencies Act 2004, dictionary.\nmember, of an emergency service—see the Emergencies Act 2004,\ndictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of an emergency service; or\n(c) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(d) a police officer.\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of biosecurity matter","content":"8 Meaning of biosecurity matter\nbiosecurity matter means any of the following:\n(a) an animal, plant or other living thing, including an animal\nproduct, plant product or product of another living thing;\n(b) a disease agent that can cause disease in—\n(i) an animal, plant or other living thing; or\n(ii) a human by way of transmission from a non-human host;\n(c) a contaminant;\n(d) anything else prescribed by regulation.\n(2) A reference to particular biosecurity matter—\n(a) by a common name does not limit any reference to the\nbiosecurity matter by its scientific name; and\n(b) if the biosecurity matter has a life cycle—includes a reference\nto all stages of the life cycle of the biosecurity matter.\nliving thing—\n(a) includes part of a living thing; but\n(b) does not include a human.\n\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of carrier","content":"9 Meaning of carrier\ncarrier means anything (including a human) that has, or is capable of\nhaving, biosecurity matter on it, attached to it or contained in it.\nNote A carrier does not include a human for certain provisions (see s 231).\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of deal with biosecurity matter or carrier","content":"10 Meaning of deal with biosecurity matter or carrier\ndeal, with biosecurity matter or a carrier—\n(a) means the following:\n(i) keep or manage the biosecurity matter or carrier;\n(ii) have possession of the biosecurity matter or carrier;\n(iii) produce, manufacture or supply the biosecurity matter or\n(iv) import the biosecurity matter or carrier;\n(v) acquire the biosecurity matter or carrier;\n(vi) buy or sell the biosecurity matter or carrier;\n(vii) dispose of or destroy the biosecurity matter or carrier;\n(viii) mark, brand, tag or attach a device or other identifier to the\nbiosecurity matter or carrier to identify or trace the\n(ix) move the biosecurity matter or carrier;\n(x) release the biosecurity matter or carrier from captivity into\nthe environment;\n(xi) use or treat the biosecurity matter or carrier for any\npurpose;\n\n(xii) diagnose the biosecurity matter or carrier;\n(xiii) breed, propagate, grow, raise, feed, clone or culture the\n(xiv) experiment with the biosecurity matter or carrier;\n(xv) display the biosecurity matter or carrier;\n(xvi) enter into an agreement or arrangement to deal, or for\nanother person to deal, with the biosecurity matter or\n(xvii) cause or permit a dealing with the biosecurity matter or\n(xviii) anything else prescribed by regulation; but\n(b) does not include a circumstance prescribed by regulation.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of pest","content":"11 Meaning of pest\npest—\n(a) means an animal or plant that has, or is likely to have, an adverse\neffect on the environment, the economy or the community,\nincluding by—\n(i) competing with other organisms for resources including\nfood, water, nutrients, habitat or sunlight; or\n(ii) destroying or damaging the habitat of other organisms; or\n(iii) preying or feeding on other organisms; or\n(iv) transmitting disease to other organisms; or\n(v) causing harm to other organisms because of toxicity or\ndisturbance; or\n\n(vi) reducing the productivity of any primary industry or the\nvalue of any primary produce; or\n(vii) damaging infrastructure; or\n(viii) reducing the amenity or aesthetic value of premises; or\n(ix) harming or reducing biodiversity; or\n(x) doing anything else, or having any other effect, prescribed\nby regulation; and\n(b) includes a declared pest.\n(2) The Minister may declare an animal or a plant to be a pest (a declared\npest).\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of biosecurity impact","content":"12 Meaning of biosecurity impact\nbiosecurity impact means an adverse effect on the environment, the\neconomy or the community that—\n(a) arises from, or has the potential to arise from, biosecurity matter\nor a carrier, or a dealing with biosecurity matter or a carrier; and\n(b) is related to at least 1 of the following:\n(i) the introduction, presence, spread or increase of a pest in\nany part of the ACT;\n(ii) the introduction, presence, spread or increase of a disease\nor disease agent in any part of the ACT;\n(iii) an animal, plant, animal product or plant product becoming\ncontaminated;\n(iv) any other thing or circumstance prescribed by regulation.\n\ncontaminated, for an animal, plant, animal product or plant product,\nmeans the animal, plant or product contains a contaminant that makes\nit, or is likely to make it—\n(a) unfit or unsuitable for use in a commercial or other activity; or\n(b) a risk to human health or safety, or to the environment; or\n(c) unfit for export or other trade.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of biosecurity risk","content":"13 Meaning of biosecurity risk\nbiosecurity risk means the risk of a biosecurity impact happening.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Reasonable suspicion—carriers","content":"14 Reasonable suspicion—carriers\n(1) An animal, plant or other thing may be reasonably suspected of being\na carrier of biosecurity matter if there are reasonable grounds for\nsuspecting that—\n(a) biosecurity matter is present in or on, or is attached to, the\nanimal, plant or other thing; or\n(b) the animal, plant or other thing is or has been—\n(i) in or with a flock, group or herd in which there is or was\nan animal, plant or other thing that was a carrier of the\n(ii) at a place where there is or was an animal, plant or other\nthing that was a carrier of the biosecurity matter; or\n(iii) in a vehicle or other thing on or in which there is or was an\nanimal, plant or other thing that was a carrier of the\n\n(c) there is present, at the place where the animal, plant or other\nthing is kept, a vehicle or other thing that has been at another\nplace when the biosecurity matter or a carrier of the biosecurity\nmatter was present at that other place.\n(2) A place may be reasonably suspected of being a carrier of biosecurity\nmatter if there are reasonable grounds for suspecting that—\n(a) biosecurity matter is present at the place; or\n(b) there is present, at the place, a vehicle or other thing that has\nbeen at another place when the biosecurity matter or a carrier of\nthe biosecurity matter was present.\n(3) It is not necessary for an animal or plant to be exhibiting signs of\ninfection or contamination, or any other sign that it is a carrier, for a\nperson to form a reasonable suspicion that the animal or plant is a\nplace or other thing is a carrier of biosecurity matter.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Reasonable suspicion—disease infection","content":"15 Reasonable suspicion—disease infection\n(1) An animal, plant or other thing may be reasonably suspected of being\ninfected with a disease if there are reasonable grounds for suspecting\nthat—\n(a) a disease agent is present in or on the animal, plant or other\nthing; or\n(b) the animal, plant or other thing is or has been—\n(i) in or with a flock, group or herd in which there is or was\nan animal, plant or other thing infected with the disease; or\n(ii) at a place where there is or was an animal, plant or other\nthing infected with the disease; or\n\n(iii) in a vehicle or other thing on or in which there is or was an\nanimal, plant or other thing infected with the disease.\n(2) A place may be reasonably suspected of being infected with a disease\nif there are reasonable grounds for suspecting that a disease agent is\npresent at the place.\n(3) It is not necessary for an animal or plant to be exhibiting signs of a\ndisease for a person to form a reasonable suspicion that the animal or\nplant is infected with a disease.\nplace or other thing is infected with a disease.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Reasonable suspicion—pest infestation","content":"16 Reasonable suspicion—pest infestation\n(1) An animal or plant may be reasonably suspected of being infested\nwith a pest if there are reasonable grounds for suspecting that the pest\nis present in or on, or is attached to, the animal or plant.\n(2) A place or thing (other than an animal or plant) may be reasonably\nsuspected of being infested with a pest if there are reasonable grounds\nfor suspecting that—\n(a) the pest is present at the place or on the thing; or\n(b) there is present, at the place or on the thing, a vehicle or other\nthing that has been at another place when the pest was present at\nthe other place.\n(3) It is not necessary for an animal, plant, place or other thing to be\nexhibiting signs of infestation with a pest for a person to form a\nreasonable suspicion that the animal, plant, place or thing is infested\nwith a pest.\n\nplace or other thing is infested with a pest.\n\nPrinciples applying to biosecurity duties Division 2.1\nDivision 2.1 Principles applying to biosecurity\nduties\n17 Biosecurity duties not transferable\nA person’s biosecurity duty cannot be transferred to another person.\n18 Person can have more than 1 biosecurity duty\nA person can have more than 1 biosecurity duty.\n19 More than 1 person can have a biosecurity duty\n(1) More than 1 person can have the same biosecurity duty at the same\ntime.\n(2) Each person who has a biosecurity duty must comply with the duty to\nthe standard required by this Act even if another person has the same\nduty.\n(3) If more than 1 person has a biosecurity duty in relation to the same\nthing, each person—\n(a) retains responsibility for the person’s duty in relation to the\nthing; and\n(b) must comply with the person’s duty to the extent to which the\nperson has the capacity to influence and control the thing or\nwould have had that capacity but for an agreement or\narrangement purporting to limit or remove that capacity.\n\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Duty to manage biosecurity risk","content":"20 Duty to manage biosecurity risk\nA duty imposed on a person to take all reasonable steps to manage a\nbiosecurity risk is a duty—\n(a) to take all reasonable steps to prevent or eliminate the risk; and\n(b) if it is not reasonably practicable to prevent or eliminate the risk,\nto take all reasonable steps to minimise the risk.\n","sortOrder":15},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of reasonable steps","content":"21 Meaning of reasonable steps\nFor this Act, a person takes reasonable steps to manage a biosecurity\nrisk if the person takes the steps they are reasonably able to take,\ntaking into account all relevant matters including—\n(a) the nature of the risk; and\n(b) the degree of biosecurity impact that arises, or may arise, from\nthe risk; and\n(c) what the person knows about—\n(i) the risk; and\n(ii) the ways of managing the risk; and\n(d) the availability and suitability of ways to manage the risk; and\n(e) the cost of available ways of managing the risk, including\nwhether the cost is grossly disproportionate to the risk.\n","sortOrder":16},{"sectionNumber":"22","sectionType":"section","heading":"General biosecurity duty","content":"22 General biosecurity duty\nIf a person deals with biosecurity matter or a carrier and the person\nknows, or reasonably ought to know, that the matter, carrier or dealing\nposes a biosecurity risk, the person has a duty (the general\nbiosecurity duty) to take all reasonable steps to manage the risk.\n\nGeneral biosecurity duty Division 2.2\n","sortOrder":17},{"sectionNumber":"23","sectionType":"section","heading":"Specific biosecurity requirements","content":"23 Specific biosecurity requirements\nspecific biosecurity requirement includes any requirement under this\nAct, or another territory law, that requires a person to do 1 or more of\nthe following to manage a biosecurity risk or potential biosecurity\nrisk:\n(a) to take a stated action or do a stated thing;\n(b) to refrain from engaging in a stated action or from doing a stated\n(c) to adopt, comply with or implement a standard, rule, code,\nguideline, program or other specification;\n(d) to comply with a regulation, declaration, undertaking, condition,\norder, determination, direction, permit, notice or other\ninstrument made or issued under this Act or any other territory\nlaw.\n(2) The general biosecurity duty is not a specific biosecurity requirement.\n(3) A specific biosecurity requirement is part of the general biosecurity\nduty.\n(4) A person fails to comply with the general biosecurity duty in relation\nto biosecurity matter, a carrier or a dealing if the person fails to\ncomply with an applicable specific biosecurity requirement in\nrelation to the biosecurity matter, carrier or dealing.\n(5) To remove any doubt, compliance with each applicable specific\nbiosecurity requirement in relation to a dealing, biosecurity matter or\ncarrier may not, of itself, be compliance with the general biosecurity\nduty in relation to that dealing, biosecurity matter or carrier.\n\n","sortOrder":18},{"sectionNumber":"24","sectionType":"section","heading":"Offences—fail to comply with general biosecurity duty","content":"24 Offences—fail to comply with general biosecurity duty\n(a) has a general biosecurity duty under section 22; and\n(b) intentionally fails to comply with the duty.\n(a) has a general biosecurity duty under section 22; and\n(b) negligently fails to comply with the duty.\n(3) A person commits an offence if—\n(a) the person has a general biosecurity duty under section 22; and\nduty; and\n(c) the failure causes a significant biosecurity impact; and\n(d) the person is reckless about whether the failure would cause a\nsignificant biosecurity impact.\nMaximum penalty: 5 000 penalty units, imprisonment for 4 years or\n\nDuty to notify biosecurity events Division 2.3\n","sortOrder":19},{"sectionNumber":"25","sectionType":"section","heading":"Meaning of biosecurity event","content":"25 Meaning of biosecurity event\nbiosecurity event—\n(a) means an event that—\n(i) has happened, is happening, or is likely to happen; and\n(ii) has had, is having, or is likely to have a significant\nbiosecurity impact; and\n(b) includes the following events:\n(i) the presence of prohibited biosecurity matter in any part of\nthe ACT;\n(ii) the appearance of ulcers or blisters on the mouth or feet of\nruminants or pigs;\n(iii) an unexplained and significant increase in a mortality rate\nor morbidity rate in plants or animals;\n(iv) an unexplained and significant fall in production relating\nto plants or animals;\n(v) the appearance of other unexplained and significant\nclinical signs in animals including, but not limited to,\nunexplained neurological signs or conditions;\n(vi) anything else prescribed by regulation.\n","sortOrder":20},{"sectionNumber":"26","sectionType":"section","heading":"Duty to notify biosecurity event","content":"26 Duty to notify biosecurity event\n(1) A person who becomes aware, or reasonably suspects, that a\nbiosecurity event has happened, is happening or is likely to happen,\nhas a duty to immediately notify the event in the way prescribed by\nregulation.\n\n(2) However, the duty arises only if the person—\n(a) is the owner, occupier or person in charge of, or has possession\nof, premises, a carrier or other thing in relation to which the\nbiosecurity event has happened, is happening or is likely to\nhappen; or\n(b) becomes aware of, or suspects, the biosecurity event as a result\nof a consultation or other work carried out in relation to\npremises, a carrier or other thing in the person’s professional\ncapacity; or\n(c) is a person prescribed by regulation.\n","sortOrder":21},{"sectionNumber":"27","sectionType":"section","heading":"Offences—fail to comply with duty to notify biosecurity","content":"27 Offences—fail to comply with duty to notify biosecurity\nevent\n(a) has a duty to notify a biosecurity event under section 26; and\n(b) fails to comply with the duty.\n(a) has a duty to notify a biosecurity event under section 26; and\n(b) intentionally or negligently fails to comply with the duty.\nif the defendant proves that they took all reasonable precautions and\nexercised all appropriate diligence to prevent the commission of the\n\nDuty to notify presence of notifiable biosecurity matter Division 2.4\nthe defendant proves that they believed on reasonable grounds that\nthe biosecurity event was widely and publicly known.\n","sortOrder":22},{"sectionNumber":"28","sectionType":"section","heading":"Duty to notify biosecurity event—self-incrimination","content":"28 Duty to notify biosecurity event—self-incrimination\n(1) A person is not excused from complying with the duty to notify a\nbiosecurity event under section 26 on the ground that doing so may\ntend to incriminate the person or expose the person to a penalty.\nindirectly, because of the person complying with the duty is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence—\n(a) against section 27; or\n(b) arising out of the false or misleading nature of the information,\ndocument or thing.\n","sortOrder":23},{"sectionNumber":"Div 2","sectionType":"division","heading":"4 Duty to notify presence of notifiable","content":"Division 2.4 Duty to notify presence of notifiable\nbiosecurity matter\n","sortOrder":24},{"sectionNumber":"29","sectionType":"section","heading":"Notifiable biosecurity matter","content":"29 Notifiable biosecurity matter\n(1) The Minister may declare biosecurity matter to be notifiable\n(notifiable biosecurity matter) if satisfied that the biosecurity matter\nposes a biosecurity risk.\n(2) A declaration is a notifiable instrument.\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Duty to notify presence of notifiable biosecurity matter","content":"30 Duty to notify presence of notifiable biosecurity matter\n(1) A person who becomes aware of, or reasonably suspects, the presence\nof notifiable biosecurity matter, has a duty to immediately notify the\npresence in the way prescribed by regulation.\n\nDivision 2.4 Duty to notify presence of notifiable biosecurity matter\n(2) However, the duty arises only if the person—\n(a) is the owner, occupier or person in charge of, or has possession\nof, premises, a carrier or other thing where the notifiable\nbiosecurity matter is present or suspected of being present; or\n(b) becomes aware of, or suspects, the presence of the notifiable\nbiosecurity matter as a result of a consultation or other work\ncarried out in relation to premises, a carrier or other thing in the\nperson’s professional capacity; or\n(c) is a person prescribed by regulation.\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Offences—fail to comply with duty to notify presence of","content":"31 Offences—fail to comply with duty to notify presence of\nnotifiable biosecurity matter\n(a) has a duty to notify the presence of notifiable biosecurity matter\nunder section 30; and\n(b) fails to comply with the duty.\n(a) has a duty to notify the presence of notifiable biosecurity matter\nunder section 30; and\n(b) intentionally or negligently fails to comply with the duty.\nif the defendant proves that they took all reasonable precautions and\nexercised all appropriate diligence to prevent the commission of the\n\nProhibited biosecurity matter Division 2.5\nthe defendant proves that they believed on reasonable grounds that\nthe presence of notifiable biosecurity matter was widely and publicly\nknown.\n","sortOrder":27},{"sectionNumber":"32","sectionType":"section","heading":"Duty to notify presence of notifiable biosecurity matter—","content":"32 Duty to notify presence of notifiable biosecurity matter—\nself-incrimination\n(1) A person is not excused from complying with the duty to notify the\npresence of notifiable biosecurity matter under section 30 on the\nground that doing so may tend to incriminate the person or expose the\nperson to a penalty.\nindirectly, because of the person complying with the duty is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence—\n(a) against section 31; or\n(b) arising out of the false or misleading nature of the information,\ndocument or thing.\n","sortOrder":28},{"sectionNumber":"33","sectionType":"section","heading":"Prohibited biosecurity matter","content":"33 Prohibited biosecurity matter\n(1) The Minister may declare biosecurity matter to be prohibited\n(prohibited biosecurity matter) if satisfied that the biosecurity matter\nposes a significant biosecurity risk to any part of the ACT.\n(2) A declaration may apply to a stated part of the ACT.\nNote The presence of prohibited biosecurity matter in any part of the ACT is a\nbiosecurity event and must be notified under s 26.\n\n","sortOrder":29},{"sectionNumber":"34","sectionType":"section","heading":"Offences—deal with prohibited biosecurity matter","content":"34 Offences—deal with prohibited biosecurity matter\n(1) A person must not deal with prohibited biosecurity matter.\nnegligently deals with prohibited biosecurity matter.\n(4) If, in a prosecution for an offence against this section, it is proved that\nprohibited biosecurity matter was on land occupied by the defendant,\nit is presumed, unless the contrary is proved, that the defendant had\npossession of the prohibited biosecurity matter.\n(5) It is a defence to a prosecution for an offence against subsection (1)\nconstituted by the defendant having prohibited biosecurity matter in\ntheir possession if the defendant proves that they did not know, and\ncould not reasonably be expected to have known, that they had the\nprohibited biosecurity matter in their possession.\n(6) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that—\n(a) they took all reasonable precautions and exercised all\nappropriate diligence to prevent the commission of the offence;\nor\n(b) they had a reasonable excuse for dealing with the prohibited\nbiosecurity matter.\nNote 1 The defendant has a legal burden in relation to the matters mentioned in\nss (4), (5) and (6) (see Criminal Code, s 59).\nNote 2 A biosecurity permit may authorise a permit-holder to deal with\nprohibited biosecurity matter (see s 62).\n\nProhibited dealings with biosecurity matter Division 2.6\nDivision 2.6 Prohibited dealings with biosecurity\nmatter\n","sortOrder":30},{"sectionNumber":"35","sectionType":"section","heading":"Prohibited dealings with biosecurity matter","content":"35 Prohibited dealings with biosecurity matter\n(1) The Minister may declare that a stated dealing with biosecurity matter\nis prohibited (a prohibited dealing) if satisfied that the dealing with\nthe biosecurity matter poses a significant biosecurity risk to any part\nof the ACT.\n(2) A declaration may apply to a stated part of the ACT.\n","sortOrder":31},{"sectionNumber":"36","sectionType":"section","heading":"Offences—engage in prohibited dealing","content":"36 Offences—engage in prohibited dealing\n(1) A person must not engage in a prohibited dealing.\nnegligently engages in a prohibited dealing.\nif the defendant proves that they had a reasonable excuse for engaging\nin the prohibited dealing.\nNote 1 The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\nNote 2 A biosecurity permit may authorise the permit-holder to engage in a\nprohibited dealing (see s 62).\n\n","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Alternative verdicts for offences","content":"37 Alternative verdicts for offences\n(1) This section applies if, in a prosecution for a relevant offence, the trier\nof fact—\n(a) is not satisfied beyond reasonable doubt that the defendant is\nguilty of the relevant offence; but\n(b) is satisfied beyond reasonable doubt that the defendant is guilty\nof an alternative offence.\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\nalternative offence, for a relevant offence, means an offence\nmentioned in table 37, column 3, for the offence.\nrelevant offence means an offence mentioned in table 37, column 2.\nTable 37 Alternative verdicts for offences—pt 2\nitem\nrelevant offence\nalternative offence\n1 s 24 (3)\ncomply with general biosecurity duty,\ncause significant biosecurity impact)\ns 24 (1)\n(intentionally fail to comply with\ngeneral biosecurity duty)\ns 24 (2)\n(negligently fail to comply with\ngeneral biosecurity duty)\n2 s 27 (2)\nnotify biosecurity event)\ns 27 (1)\n(fail to notify biosecurity event)\n\nAlternative verdicts Division 2.7\nitem\nrelevant offence\nalternative offence\n3 s 31 (2)\nnotify presence of notifiable\nbiosecurity matter)\ns 31 (1)\n(fail to notify presence of notifiable\nbiosecurity matter)\n4 s 34 (1)\n(deal with prohibited biosecurity\nmatter)\n5 s 34 (2)\n(intentionally/negligently deal with\nprohibited biosecurity matter)\ns 34 (1)\n(deal with prohibited biosecurity\nmatter)\n6 s 36 (1)\n(engage in prohibited dealing)\n7 s 36 (2)\n(intentionally/negligently engage in\nprohibited dealing)\ns 36 (1)\n(engage in prohibited dealing)\n\n","sortOrder":33},{"sectionNumber":"Part 3","sectionType":"part","heading":"Biosecurity emergency","content":"Part 3 Biosecurity emergency\ndeclarations\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Emergency declarations","content":"38 Emergency declarations\n(1) If the Minister is satisfied, or reasonably suspects, that there is a\ncurrent or likely to happen biosecurity risk that may have a significant\nbiosecurity impact, the Minister may declare a biosecurity emergency\n(an emergency declaration).\n(2) An emergency declaration must state the following:\n(a) the biosecurity risk that is the subject of the emergency,\nincluding the biosecurity matter (if known) and the biosecurity\nimpact (if known);\n(b) the measures the Minister considers reasonably necessary to\nrespond to the emergency (the emergency measures);\n(c) the area or premises where the emergency measures apply\n(the emergency zone);\n(d) the people to whom the emergency measures apply;\n(e) when the declaration expires.\n(3) An emergency declaration may be made for 1 or more of the\nfollowing purposes:\n(a) to prevent the spread of the biosecurity matter;\n(b) to eradicate the biosecurity matter (if practicable);\n(c) for any other purpose the Minister considers necessary.\n\n(4) An emergency declaration is a notifiable instrument unless—\n(a) the emergency declaration applies only to stated premises\n(a property-specific emergency declaration); and\n(b) the Minister considers that it is appropriate to not notify the\ndeclaration.\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Emergency declarations—duration","content":"39 Emergency declarations—duration\n(1) An emergency declaration—\n(a) comes into force immediately after it is made, or at any later\ntime stated in the declaration; and\n(b) ends 6 months after it comes into force, or any earlier time stated\nin the declaration.\n(2) The Minister may extend, or further extend, an emergency declaration\nfor an additional period of not longer than 6 months.\n(3) An extension of an emergency declaration is a notifiable instrument\nunless the emergency declaration was not notified under\nsection 38 (4).\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Emergency declarations—notice","content":"40 Emergency declarations—notice\n(1) The Minister must give public notice of—\n(a) an emergency declaration; and\n(b) an extension of an emergency declaration.\n(2) However, if the emergency declaration is a property-specific\nemergency declaration, the Minister may instead give a copy of the\ndeclaration, or extension, to the owner, occupier or person apparently\nin charge of the premises.\n(3) The Minister must take reasonable steps to ensure that people who\nare likely to be directly affected by the declaration, or extension, are\nmade aware of the declaration or extension.\n\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Emergency declarations—deciding emergency measures","content":"41 Emergency declarations—deciding emergency measures\nIn deciding the emergency measures to include in an emergency\ndeclaration, the Minister must—\n(a) ensure that an emergency measure is no more onerous than the\nMinister considers necessary, taking into account the nature of\nthe biosecurity emergency; and\n(b) consider—\n(i) the purposes mentioned in section 38 (3); and\n(ii) any other matter the Minister considers relevant.\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Emergency declarations—scope of emergency measures","content":"42 Emergency declarations—scope of emergency measures\n(1) Emergency measures may—\n(a) prohibit, regulate or control the doing of anything related to the\nbiosecurity risk; or\n(b) require or authorise the doing of anything related to the\nbiosecurity risk.\n(2) In particular, emergency measures may prohibit, regulate, control,\nrequire or authorise any of the following:\n(e) the treatment measures to be carried out in relation to any\n\ncontainment measure in relation to any premises, biosecurity\nmatter or other thing;\n(o) any other matter prescribed by regulation.\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Emergency declarations—measures restricting","content":"43 Emergency declarations—measures restricting\nmovement of people\n(1) In addition to section 42, emergency measures may also do any of the\n(a) prohibit, regulate or control entry into, or exit from, any stated\npremises or stated area;\n\n(b) prohibit, regulate or control the use of any road within, or going\ninto or out of, any stated premises or stated area (including by\nclosing roads);\n(c) require a person entering or leaving stated premises or a stated\narea to stop and, if required by an authorised person—\n(i) allow themselves and anything in their possession to be\ninspected; and\n(ii) carry out or permit external treatment measures to be\ncarried out in relation to themselves and anything in their\npossession;\n(d) prohibit a person from entering or leaving stated premises or a\nstated area unless the person has done either or both of the\n(i) carried out a stated external treatment measure in relation\nto themselves;\n(ii) carried out a stated treatment measure in relation to\nanything in the person’s possession.\n(2) An emergency declaration must not prohibit, regulate, control or\nrequire the movement of a person, except as expressly provided in\n(3) However, subsection (2) does not prevent an emergency measure\nbeing imposed in relation to any biosecurity matter, premises, activity\nor other thing, that has an impact on the movement of a person but\nthat is not imposed for the purpose of restricting the movement of the\n\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Emergency declarations—measures about treatment of","content":"44 Emergency declarations—measures about treatment of\nAn emergency declaration must not require—\n(a) a treatment measure, other than an external treatment measure,\nto be carried out in relation to a person; or\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Emergency declarations—measures about inspection of","content":"45 Emergency declarations—measures about inspection of\nA requirement in an emergency declaration that a person must allow\nthemselves to be inspected by an authorised person only authorises\nthe authorised person to require the person to do 1 or more of the\n(a) to submit to a visual inspection (including of the exterior of the\nperson’s clothing, accessories and shoes);\n(b) to shake, or otherwise move, the person’s hair.\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Emergency declarations—measures about destruction of","content":"46 Emergency declarations—measures about destruction of\nthings\n(1) An emergency declaration must not require or authorise the\ndestruction of any biosecurity matter or other thing unless the\nMinister is satisfied that—\n(a) the destruction is reasonably necessary to manage a significant\nbiosecurity impact; or\n(b) the destruction is reasonably necessary to detect, diagnose or\ndetermine the cause of a disease; or\n\n(c) if the biosecurity matter to be destroyed is an animal—the\ndestruction is necessary to prevent or minimise an adverse effect\non animal welfare, including any distress or likely distress to an\nanimal.\n(2) If an emergency declaration requires or authorises the destruction of\nany biosecurity matter or other thing, the Minister must ensure that a\ncopy of the declaration is given to the owner or person in charge of\nthe biosecurity matter or other thing before it is destroyed, unless—\n(a) there appears to be no-one immediately in control of it, and the\nowner or person in charge cannot be found after reasonable\ninquiry; and\n(b) the Minister considers that, in the circumstances, the declaration\nmust be carried out without delay or prior notice to the owner or\nperson in charge.\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Emergency declarations—prevail over other instruments","content":"47 Emergency declarations—prevail over other instruments\nAn emergency declaration prevails, to the extent of any\ninconsistency, over the following:\n(a) a regulation;\n(b) a control declaration;\n(c) a biosecurity permit, other than a biosecurity permit that\nexpressly relates or applies to the emergency;\n(d) biosecurity registration;\n(e) a biosecurity direction, other than a biosecurity direction given\nin relation to the emergency declaration;\n(f) a biosecurity undertaking;\n(g) any other authorisation, exemption or other right or instrument\nmade or issued under this Act.\n\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Emergency declarations—authorising actions and","content":"48 Emergency declarations—authorising actions and\n(1) If a person (the liable person) fails to comply with an emergency\ndeclaration, the director-general may authorise a person to—\n(a) enter premises; and\npremises, that the liable person is required by the declaration to\ntake or is otherwise necessary to remedy the failure to comply.\n(3) If the director-general authorises a person to enter residential\npremises to take action under subsection (1), the director-general\nmust give written notice of the entry to an occupier of the premises.\n(4) The notice must—\n(a) state the day of entry; and\n(b) be given to the occupier at least 1 day before the day of entry.\n(5) However, notice is not required to be given if the person enters the\nresidential premises—\n(a) with the consent of an occupier of the premises; or\n(b) under the authority of a warrant.\n(6) Any action taken under this section for failure to comply with an\nemergency declaration, is in addition to the taking of a proceeding for\nan offence of failing to comply with an emergency declaration under\nsection 49.\n\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Offences—fail to comply with emergency declaration","content":"49 Offences—fail to comply with emergency declaration\n(1) A person must comply with an emergency declaration.\nnegligently fails to comply with an emergency declaration.\n(4) This section does not apply if, at the time the person committed the\noffence, the person was not made aware of the emergency declaration.\n(5) For subsection (4) a person is made aware of an emergency\ndeclaration if—\n(a) public notice of the declaration was given under section 40 (1);\nor\n(b) the person was given a copy of the declaration; or\n(c) an authorised person told the person orally, or in writing, about\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Emergency declarations—protection of emergency","content":"50 Emergency declarations—protection of emergency\nactions\n(1) A court or tribunal must not grant an interim injunction, make any\nother interim order or give any other interim relief having the effect\nof preventing, restricting, staying or deferring any emergency\ndeclaration or anything authorised or required to be done under an\nemergency declaration during the period the declaration has effect.\n\n(2) However, subsection (1) does not prevent a court or tribunal from\nmaking a permanent injunction or other final order in any proceeding\nat any time.\n\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Control declarations","content":"51 Control declarations\n(1) If the Minister is satisfied that it is necessary to manage a biosecurity\nrisk or biosecurity impact, the Minister may make a declaration\n(a control declaration).\n(2) A control declaration must state the following:\n(a) the biosecurity risk or biosecurity impact that is the subject of\nthe declaration, including the biosecurity matter (if known);\n(b) the measures the Minister considers reasonably necessary to\nmanage the biosecurity risk or biosecurity impact (the control\nmeasures);\n(c) the area or premises where the control measures apply\n(the control zone);\n(d) the people to whom the control measures apply;\n(e) when the declaration expires.\n(3) The main purpose of a control declaration is—\n(a) to prevent the introduction into the ACT, or a part of the ACT,\nof biosecurity matter that poses, or is likely to pose, a biosecurity\nrisk; or\n(b) to eradicate from the ACT, or a part of the ACT, biosecurity\nmatter that poses, or is likely to pose, a biosecurity risk; or\n(c) if prevention or eradication are not reasonably practicable—to\nprovide for the minimisation and management of a biosecurity\nrisk or biosecurity impact.\n(4) A control declaration is a notifiable instrument.\n\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"Control declarations—duration","content":"52 Control declarations—duration\nA control declaration—\n(a) commences on the day after it is notified, or any later day stated\nin the declaration; and\n(b) ends 5 years after it commences, or any earlier day stated in the\ndeclaration.\n","sortOrder":49},{"sectionNumber":"53","sectionType":"section","heading":"Control declarations—notice","content":"53 Control declarations—notice\n(1) The Minister must give public notice of a control declaration.\n(2) The Minister must take reasonable steps to ensure that people who\nare likely to be directly affected by the declaration are made aware of\n","sortOrder":50},{"sectionNumber":"54","sectionType":"section","heading":"Control declarations—deciding control measures","content":"54 Control declarations—deciding control measures\nIn deciding the control measures to include in a control declaration,\nthe Minister must—\n(a) ensure that a control measure is no more onerous than the\nMinister considers necessary, taking into account the nature of\nthe biosecurity risk or biosecurity impact to which the\ndeclaration relates; and\n(b) consider—\n(i) the purposes mentioned in section 51 (3); and\n(ii) any other matter the Minister considers relevant.\n","sortOrder":51},{"sectionNumber":"55","sectionType":"section","heading":"Control declarations—scope of control measures","content":"55 Control declarations—scope of control measures\n(1) Control measures may—\n(a) prohibit, regulate or control the doing of anything related to the\nbiosecurity risk or biosecurity impact; or\n\n(b) require or authorise the doing of anything related to the\nbiosecurity risk or biosecurity impact.\n(2) In particular, control measures may prohibit, regulate, control, require\nor authorise any of the following:\n(e) treatment measures to be carried out in relation to any\ncontainment measure in relation to any biosecurity matter,\npremises or other thing;\n\n(o) any other matter prescribed by regulation.\n","sortOrder":52},{"sectionNumber":"56","sectionType":"section","heading":"Control declarations—measures restricting movement of","content":"56 Control declarations—measures restricting movement of\n(1) A control declaration must not prohibit, regulate, control or require\nthe movement of a person.\n(2) However, subsection (1) does not prevent a control measure being\nimposed in relation to any biosecurity matter, premises, area, activity\nor thing that has an impact on the movement of a person but is not\nimposed for the purpose of restricting the movement of the person.\n","sortOrder":53},{"sectionNumber":"57","sectionType":"section","heading":"Control declarations—measures about treatment of","content":"57 Control declarations—measures about treatment of\nA control declaration must not require—\n(a) a treatment measure to be carried out in relation to a person; or\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Control declarations—measures about destruction of","content":"58 Control declarations—measures about destruction of\nthings\n(1) A control declaration must not require or authorise the destruction of\nany biosecurity matter or other thing unless—\n(a) it is, or the Minister or an authorised person reasonably suspects\nit is, prohibited biosecurity matter; or\n\n(b) it is, or the Minister or an authorised person reasonably suspects\nit is, a carrier of prohibited biosecurity matter; or\n(c) it is a pest to which the control declaration relates; or\n(i) it is, or the Minister or an authorised person reasonably\nsuspects it is, infected with, infested with or carrying\nbiosecurity matter to which the control declaration relates;\n(ii) there is no other reasonably practicable treatment measure\nthat could eliminate or minimise the biosecurity risk posed\nby the biosecurity matter; or\n(e) it is, or the Minister or an authorised person reasonably suspects\nit is—\n(i) abandoned; and\n(ii) biosecurity matter to which the control declaration relates,\nor a carrier of biosecurity matter to which the control\ndeclaration relates.\n(2) If a control declaration requires or authorises the destruction of any\nbiosecurity matter or other thing, the Minister must ensure that a copy\nof the declaration is given to the owner or person in charge of the\nbiosecurity matter or other thing before it is destroyed, unless—\n(a) there appears to be no-one immediately in control of it, and the\nowner or person in charge cannot be found after reasonable\ninquiry; and\n(b) the Minister considers that, in the circumstances, the declaration\nmust be carried out without delay or prior notice to the owner or\nperson in charge.\n\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"Control declarations—nature conservation and heritage","content":"59 Control declarations—nature conservation and heritage\n(1) A control declaration must not require a person to interfere with any\nof the following unless the Minister has consulted with the\nconservator of flora and fauna:\n(a) a native animal, a native fish or a native plant;\ngeological interest in a reserve.\n(2) A control declaration must not require a person to interfere with a\nheritage place or object unless the Minister has consulted with the\nheritage council.\n(3) A failure to comply with this section does not affect the validity of a\ncontrol declaration.\n","sortOrder":56},{"sectionNumber":"60","sectionType":"section","heading":"Control declarations—authorising actions and recovering","content":"60 Control declarations—authorising actions and recovering\ncosts\n(1) If a person (the liable person) fails to comply with a control\ndeclaration, the director-general may authorise a person to—\npremises, that the liable person is required by the declaration to\ntake or is otherwise necessary to remedy the failure to comply.\n\ncontrol declaration, is in addition to the taking of a proceeding for an\noffence of failing to comply with a control declaration under\nsection 61.\n","sortOrder":57},{"sectionNumber":"61","sectionType":"section","heading":"Offences—fail to comply with control declaration","content":"61 Offences—fail to comply with control declaration\n(1) A person must comply with a control declaration.\nnegligently fails to comply with a control declaration.\n(4) This section does not apply if, at the time the person committed the\noffence, the person was not made aware of the control declaration.\n(5) For subsection (4) a person is made aware of a control declaration\nif—\n(a) public notice of the declaration was given under section 53 (1);\nor\n(b) the person was given a copy of the declaration; or\n(c) an authorised person told the person orally, or in writing, about\n\n","sortOrder":58},{"sectionNumber":"Part 5","sectionType":"part","heading":"Biosecurity permits and group","content":"Part 5 Biosecurity permits and group\nexemptions\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Biosecurity permits authorise conduct otherwise","content":"62 Biosecurity permits authorise conduct otherwise\nprohibited\n(1) A biosecurity permit authorises a person (the permit-holder) to\nengage in stated conduct that would otherwise be prohibited under\nExamples—prohibited conduct\n1 dealing with prohibited biosecurity matter (see s 34)\n2 engaging in a prohibited dealing (see s 36)\n3 failing to comply with an emergency declaration (see s 49)\n(2) However, a biosecurity permit does not authorise conduct in\ncontravention of an emergency declaration, or a biosecurity direction\ngiven in an emergency, unless the permit expressly relates or applies\nto the emergency.\n(3) To remove any doubt, compliance with a biosecurity permit in\nrelation to a dealing may not, of itself, be compliance with the general\nbiosecurity duty in relation to the dealing.\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Permits—application","content":"63 Permits—application\n(1) A person may apply to the director-general for a biosecurity permit.\n(b) state the conduct to be permitted; and\n\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Permits—renewal application","content":"64 Permits—renewal application\n(1) A permit-holder may apply to the director-general for renewal of their\nbiosecurity permit.\n(3) If an application for renewal is made before the permit expires, the\nbiosecurity permit continues in force (unless otherwise suspended,\ncancelled or surrendered) until the director-general notifies the\napplicant of a decision on the application.\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Permits—additional information","content":"65 Permits—additional information\na biosecurity permit under section 63, or renewal under section 64, to\ngive the director-general additional information that the\ndirector-general reasonably needs to decide the application, within a\nstated time and at a stated place.\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Permits—change of information","content":"66 Permits—change of information\nIf the information in an application for a biosecurity permit under\nsection 63, or renewal under section 64, changes before the\napplication is decided, the applicant must give the director-general\nwritten notice of the details of the change as soon as practicable.\n\n","sortOrder":64},{"sectionNumber":"67","sectionType":"section","heading":"Permits—decision on application","content":"67 Permits—decision on application\n(1) If a person applies for a biosecurity permit under section 63, or\nrenewal under section 64, the director-general must—\n(2) The director-general may refuse the application if the director-general\nis not satisfied that the applicant—\n(a) is a suitable person to engage in the conduct to be authorised by\nthe permit; or\n(b) has the qualifications, skills, knowledge and experience to\nmanage the biosecurity risk associated with the conduct to be\nauthorised by the permit.\n(3) The director-general may also refuse the application—\n(a) if satisfied that it would not be appropriate to issue, or renew,\nthe permit because of an emergency; or\n(b) if satisfied that the biosecurity risk associated with the conduct\nto be authorised by the permit is unacceptable; or\n(c) on any grounds prescribed by regulation; or\n(d) for any other reason the director-general considers appropriate.\n(4) The director-general must give the applicant written notice of a\ndecision to approve or refuse the application (a permit decision\n(5) If the director-general fails to give an applicant a permit decision\n\n","sortOrder":65},{"sectionNumber":"68","sectionType":"section","heading":"Permits—suitable person","content":"68 Permits—suitable person\nsection 67 (2) (a), the director-general must consider the following\nAct that is relevant to the biosecurity permit, and the applicant’s\ncapacity to comply in the future;\n(d) any other matter the director-general considers relevant.\n","sortOrder":66},{"sectionNumber":"69","sectionType":"section","heading":"Permits—duration","content":"69 Permits—duration\n(1) A biosecurity permit or renewal—\n(a) starts on the day it is given, or any later day stated in the permit\ndecision notice; and\n(2) A permit has no effect during any period in which it is suspended.\n","sortOrder":67},{"sectionNumber":"70","sectionType":"section","heading":"Permits—amendment","content":"70 Permits—amendment\n(1) The director-general may amend a biosecurity permit if satisfied that\nthe amendment is necessary.\n(b) on application by the permit-holder.\n\n","sortOrder":68},{"sectionNumber":"71","sectionType":"section","heading":"Permits—conditions","content":"71 Permits—conditions\nA biosecurity permit includes—\n(a) a condition that the permit-holder must cooperate with any\n(i) a condition requiring the permit-holder to take out and\nmaintain an insurance policy that indemnifies the\npermit-holder against liability in relation to the conduct to\nbe authorised by the permit;\n(ii) a condition requiring the permit-holder to do something\nbefore their permit is suspended, cancelled or surrendered\nto ensure that biosecurity matter and carriers are dealt with\nappropriately on the suspension, cancellation or surrender;\n(iii) a financial assurance condition under section 72;\n(iv) a condition providing that the permit does not take effect\nuntil a stated day, act or event.\n","sortOrder":69},{"sectionNumber":"72","sectionType":"section","heading":"Permits—financial assurance conditions","content":"72 Permits—financial assurance conditions\n(1) The director-general may impose a condition on a biosecurity permit\nrequiring the permit-holder to provide a financial assurance\n(a financial assurance condition) for anything required as a result of\nany of the following events (a secured event):\n(a) the permit-holder failing to comply with another condition on\ntheir permit;\n(b) the permit-holder giving any biosecurity matter that their permit\nauthorises them to deal with, to the director-general;\n\n(c) the permit-holder engaging in conduct that they are not\nauthorised by the permit to engage in;\n(d) the permit-holder no longer being authorised to engage in the\nconduct authorised by the permit;\n(e) the permit-holder being unable, for any reason, to continue to\nengage in the conduct authorised by the permit.\n(2) A financial assurance condition may require the permit-holder to\nprovide evidence of the financial assurance to the director-general.\n(3) A financial assurance condition may require financial assurance in\n1 or more of the following forms:\n(a) a bank guarantee;\n(b) a bond;\n(c) an insurance policy;\n(d) a form prescribed by regulation;\n(e) any other form the director-general considers appropriate.\n(4) A financial assurance condition may provide for the following\n(a) how the amount of financial assurance is to be worked out;\n(b) the circumstances in which the financial assurance may be\nclaimed or realised, and the procedure for claiming or realising\nthe financial assurance;\n(c) actions that may be taken after a secured event, including—\n(i) when stated actions may be taken by the director-general;\nand\n(ii) when the director-general may enter premises to take stated\nactions;\n(d) when stated information must be provided;\n\n(e) auditing of actions that may result in the financial assurance\nbeing claimed or realised;\n(f) the administration of the financial assurance;\n(g) the release of the financial assurance.\n(5) A financial assurance may be claimed and realised, despite and\nwithout affecting—\n(a) any liability of the permit-holder for any penalty for an offence\nfor a failure to comply to which the assurance relates; and\n(b) any other action that may be taken, or is required to be taken, in\nrelation to any failure to comply or other circumstance to which\nthe assurance relates.\n","sortOrder":70},{"sectionNumber":"73","sectionType":"section","heading":"Offences—fail to comply with permit condition","content":"73 Offences—fail to comply with permit condition\n(1) A permit-holder must comply with the conditions on their biosecurity\npermit.\n(2) A permit-holder commits an offence if—\n(a) the permit is subject to a condition; and\n(b) the permit-holder intentionally or negligently fails to comply\nwith the condition.\n","sortOrder":71},{"sectionNumber":"74","sectionType":"section","heading":"Permits—grounds for suspension or cancellation","content":"74 Permits—grounds for suspension or cancellation\nEach of the following is a ground for suspending or cancelling a\nbiosecurity permit:\n(a) the permit-holder has failed to comply with a provision of this\nAct;\n\n(b) the permit-holder is not a suitable person to engage in the\nconduct authorised by the permit;\n(c) the permit-holder does not have the qualifications, skills,\nknowledge and experience to manage the biosecurity risk\nassociated with the conduct to be authorised by the permit;\n(d) the permit-holder used false or misleading information to obtain\nthe permit;\n(e) a ground for refusing to renew the permit exists;\n(f) the suspension or cancellation is necessary because of an\nemergency;\n","sortOrder":72},{"sectionNumber":"75","sectionType":"section","heading":"Permits—suspension","content":"75 Permits—suspension\nIf the director-general is satisfied there are grounds to suspend a\nbiosecurity permit, the director-general may suspend the permit by\ngiving the permit-holder a written suspension notice stating—\n","sortOrder":73},{"sectionNumber":"76","sectionType":"section","heading":"Permits—notice of proposed suspension","content":"76 Permits—notice of proposed suspension\n(1) Before suspending a biosecurity permit, the director-general must\ngive the permit-holder a written notice stating—\n(a) that the director-general proposes to suspend the permit; and\n\n(c) that the permit-holder may, by a stated day that is at least\nsuspension.\n(2) If the permit-holder makes a submission before the stated day, the\nwhether to suspend the permit.\n(3) This section is subject to section 77.\n","sortOrder":74},{"sectionNumber":"77","sectionType":"section","heading":"Permits—immediate suspension without prior notice","content":"77 Permits—immediate suspension without prior notice\n(1) The director-general need not give notice under section 76 before\nsuspending a biosecurity permit—\nurgently because of the biosecurity impact of the conduct\nauthorised by the permit; or\n(2) However, if the director-general suspends a permit without giving\nprior notice, the director-general must give the permit-holder a\nwritten notice stating—\n(b) that the permit-holder may, by a stated day that is at least\nmake a submission to the director-general about the suspension.\n(3) If the permit-holder makes a submission before the stated day, the\n(c) give the permit-holder written notice of the decision.\n\n","sortOrder":75},{"sectionNumber":"78","sectionType":"section","heading":"Permits—cancellation","content":"78 Permits—cancellation\n(1) If the director-general is satisfied there are grounds to cancel a\nbiosecurity permit, the director-general may cancel the permit by\ngiving the permit-holder a written cancellation notice stating—\n(2) However, in an emergency, the director-general may give the notice\norally, and give written confirmation of the cancellation to the\npermit-holder as soon as practicable.\n","sortOrder":76},{"sectionNumber":"79","sectionType":"section","heading":"Permits—notice of proposed cancellation","content":"79 Permits—notice of proposed cancellation\n(1) Before cancelling a biosecurity permit, the director-general must give\nthe permit-holder written notice stating—\n(a) that the director-general proposes to cancel the permit; and\n(c) that the permit-holder may, by a stated day that is at least\n(2) If the permit-holder makes a submission before the stated day, the\nwhether to cancel the permit.\n(3) This section is subject to section 80.\n\n","sortOrder":77},{"sectionNumber":"80","sectionType":"section","heading":"Permits—immediate cancellation without prior notice","content":"80 Permits—immediate cancellation without prior notice\n(1) The director-general need not give notice under section 79 before\ncancelling a biosecurity permit—\n(a) if the director-general is satisfied that the cancellation is\nrequired urgently because of the biosecurity impact of the\nconduct authorised by the permit; or\n(c) if the permit is suspended under section 75 and the\npermit-holder—\n(i) is given notice under section 76 (1) or section 77 (2); and\n(ii) either—\n(A) the director-general has considered any submissions\nby the permit-holder; or\n(B) the permit-holder did not make any submissions in the\nperiod stated in the notice; or\n(d) for any other reason prescribed by regulation.\n(2) However, if the director-general cancels a permit without giving prior\nnotice, the director-general must give the permit-holder a written\nnotice stating—\n(b) that the permit-holder may, by a stated day that is at least\nmake a submission to the director-general about the\n(3) If the permit-holder makes a submission before the stated day, the\n\n(b) decide whether to revoke or continue the cancellation; and\n(c) give the permit-holder written notice of the decision.\n","sortOrder":78},{"sectionNumber":"81","sectionType":"section","heading":"Permits—surrender","content":"81 Permits—surrender\n(1) A permit-holder may surrender their biosecurity permit.\n(3) The surrender does not take effect until the director-general gives the\npermit-holder written notice that the director-general is satisfied that\nthe biosecurity matter and carriers involved in the conduct authorised\nby the permit will be dealt with appropriately by the permit-holder.\n","sortOrder":79},{"sectionNumber":"82","sectionType":"section","heading":"Group exemptions","content":"82 Group exemptions\n(1) A group exemption authorises a stated class of people to engage in\nstated conduct that would otherwise be prohibited under this Act.\n(2) However, a group exemption does not authorise conduct in\ncontravention of an emergency declaration or a biosecurity direction\ngiven in an emergency unless the exemption expressly relates or\napplies to the emergency.\n","sortOrder":80},{"sectionNumber":"83","sectionType":"section","heading":"Group exemptions—declaration","content":"83 Group exemptions—declaration\n(1) The director-general may, on request or on the director-general’s own\ninitiative, declare that a stated class of people is exempt from a stated\nprovision of this Act (a group exemption).\n\nGroup exemptions Division 5.2\n(2) However, the director-general must not declare a group exemption—\n(a) if satisfied the biosecurity risk associated with the exemption is\nunacceptable; or\n(b) on any ground prescribed by regulation.\n(3) A group exemption is a notifiable instrument.\n","sortOrder":81},{"sectionNumber":"84","sectionType":"section","heading":"Group exemptions—duration","content":"84 Group exemptions—duration\nThe director-general must not declare a group exemption for a period\nlonger than 5 years.\n","sortOrder":82},{"sectionNumber":"85","sectionType":"section","heading":"Group exemptions—conditions","content":"85 Group exemptions—conditions\nThe director-general may impose any condition the director-general\nconsiders appropriate on a group exemption.\n","sortOrder":83},{"sectionNumber":"86","sectionType":"section","heading":"Offences—fail to comply with group exemption condition","content":"86 Offences—fail to comply with group exemption condition\n(1) A person who engages in conduct under the authority of a group\nexemption must comply with the conditions of the group exemption.\n(a) the person engages in conduct under the authority of a group\nexemption; and\n(b) the group exemption is subject to a condition; and\n(c) the person intentionally or negligently fails to comply with the\ncondition.\n\n","sortOrder":84},{"sectionNumber":"87","sectionType":"section","heading":"Permits and group exemptions—exercise of functions in","content":"87 Permits and group exemptions—exercise of functions in\nemergencies\n(1) A provision of this part that provides for the director-general to\nexercise a function in an emergency provides for the director-general\nto exercise that function if—\n(a) the director-general reasonably believes it is necessary to\nexercise the function because of an emergency declaration; or\n(b) the director-general otherwise reasonably believes it is\n(ii) the director-general reasonably suspects a biosecurity\nemergency if it is exercised by the director-general in the\n\n","sortOrder":85},{"sectionNumber":"88","sectionType":"section","heading":"Meaning of regulated dealing—pt 6","content":"88 Meaning of regulated dealing—pt 6\nregulated dealing means a dealing with biosecurity matter that is\nprescribed by regulation.\n","sortOrder":86},{"sectionNumber":"89","sectionType":"section","heading":"Biosecurity registration authorises regulated dealings","content":"89 Biosecurity registration authorises regulated dealings\nRegistration under this Act (biosecurity registration) authorises the\nregistered person to engage in a stated regulated dealing.\n","sortOrder":87},{"sectionNumber":"90","sectionType":"section","heading":"Offences—engage in regulated dealing without","content":"90 Offences—engage in regulated dealing without\nregistration\n(1) A person must not engage in a regulated dealing if the person is not\nregistered to engage in the dealing.\n(a) intentionally or negligently engages in a regulated dealing; and\n(b) is not registered to engage in the dealing.\nif the defendant proves that they had a reasonable excuse for engaging\nin the regulated dealing.\nthe defendant proves that—\n(a) they engaged in the dealing as the employee or agent of a\nregistered person; and\n\n(b) the registered person is registered to engage in the dealing.\n","sortOrder":88},{"sectionNumber":"91","sectionType":"section","heading":"Registration—application","content":"91 Registration—application\n(1) A person may apply to the director-general for registration to engage\nin a regulated dealing.\n(b) state the regulated dealing; and\n","sortOrder":89},{"sectionNumber":"92","sectionType":"section","heading":"Registration—renewal application","content":"92 Registration—renewal application\n(1) A registered person may apply to the director-general for renewal of\ntheir registration.\n(3) If an application for renewal is made before the registration expires,\nthe registration continues in force (unless otherwise suspended,\ncancelled or surrendered) until the director-general notifies the\napplicant of a decision on the application.\n\n","sortOrder":90},{"sectionNumber":"93","sectionType":"section","heading":"Registration—additional information","content":"93 Registration—additional information\nregistration under section 91, or renewal under section 92, to give the\ndirector-general additional information that the director-general\nreasonably needs to decide the application, within a stated time and\nat a stated place.\n","sortOrder":91},{"sectionNumber":"94","sectionType":"section","heading":"Registration—change of information","content":"94 Registration—change of information\nIf the information in an application for registration under section 91,\nor renewal under section 92, changes before the application is\ndecided, the applicant must give the director-general written notice of\nthe details of the change as soon as practicable.\n","sortOrder":92},{"sectionNumber":"95","sectionType":"section","heading":"Registration—decision on application","content":"95 Registration—decision on application\n(1) If a person applies for registration to engage in a regulated dealing\nunder section 91, or renewal under section 92, the director-general\nmust—\n(2) The director-general may refuse the application if the director-general\nis not satisfied that the applicant—\n(a) is a suitable person to engage in the regulated dealing; or\n(b) has the skills, knowledge or experience to manage the\nbiosecurity risk associated with the regulated dealing authorised\nby the registration.\n\n(3) The director-general may also refuse the application—\n(a) if satisfied that it would not be appropriate to register the\napplicant, or renew the registration, because of an emergency;\nor\n(b) if satisfied that the biosecurity risk associated with the regulated\ndealing authorised by the registration is unacceptable; or\n(c) on any grounds prescribed by regulation; or\n(d) for any other reason the director-general considers appropriate\nfor refusing the application.\n(4) The director-general must give the applicant written notice of a\ndecision to approve or refuse the application (a registration decision\n(5) If the director-general fails to give an applicant a registration decision\n","sortOrder":93},{"sectionNumber":"96","sectionType":"section","heading":"Registration—suitable person","content":"96 Registration—suitable person\nsection 95 (2) (a), the director-general must consider the following\nAct that is relevant to the registration, and the applicant’s\ncapacity to comply in the future;\n(d) any other matter the director-general considers relevant.\n\n","sortOrder":94},{"sectionNumber":"97","sectionType":"section","heading":"Registration—duration","content":"97 Registration—duration\n(1) A person’s registration or renewal—\n(a) starts on the day it is given, or any later day stated in the\nregistration decision notice; and\n(2) Registration has no effect during any period in which it is suspended.\n","sortOrder":95},{"sectionNumber":"98","sectionType":"section","heading":"Registration—amendment","content":"98 Registration—amendment\n(1) The director-general may amend a person’s registration if satisfied\nthat the amendment is necessary.\n(b) on application by the registered person.\n","sortOrder":96},{"sectionNumber":"99","sectionType":"section","heading":"Registration—conditions","content":"99 Registration—conditions\n(1) Registration includes—\n(a) a condition that the registered person must cooperate with any\n(i) a condition requiring the person to engage in the regulated\ndealing in accordance with all or part of a stated standard,\ncode, guideline, protocol, program or other instrument;\n(ii) a condition requiring the person to carry out stated works,\nor put in place stated measures, to manage the biosecurity\nrisk involved in the regulated dealing;\n\n(iii) a condition requiring the person to have in place an\nalternative arrangement for the regulated dealing, that has\nbeen approved by the director-general;\n(iv) a condition requiring the person to take out and maintain\nan insurance policy that indemnifies the person against\nliability in relation to the regulated dealing;\n(v) a condition requiring the person to do something before\ntheir registration is suspended, cancelled or surrendered to\nensure that the biosecurity matter and carriers involved in\nthe regulated dealing are dealt with appropriately on the\nsuspension, cancellation or surrender;\n(vi) a condition providing that the registration does not take\neffect until a stated day, act or event.\nalternative arrangement, for a regulated dealing, means a plan or\narrangement relating to the regulated dealing, that takes effect if the\nperson—\n(a) is no longer registered to engage in the regulated dealing; or\n(b) is unable, for any reason, to continue to engage in the regulated\ndealing.\n","sortOrder":97},{"sectionNumber":"100","sectionType":"section","heading":"Offences—fail to comply with registration condition","content":"100 Offences—fail to comply with registration condition\n(1) A registered person must comply with the conditions on their\nregistration.\n(2) A registered person commits an offence if—\n(a) the person’s registration is subject to a condition; and\n\ncondition.\n","sortOrder":98},{"sectionNumber":"101","sectionType":"section","heading":"Registration—grounds for suspension or cancellation","content":"101 Registration—grounds for suspension or cancellation\nEach of the following is a ground for suspending or cancelling a\nperson’s registration:\n(a) the registered person has failed to comply with a provision of\nthis Act;\n(b) the registered person is not a suitable person to engage in the\nregulated dealing for which they are registered;\n(c) the registered person does not have the qualifications, skills,\nknowledge and experience to manage the biosecurity risk\nassociated with the regulated dealing;\n(d) the registered person used false or misleading information to\nobtain the registration;\n(e) a ground for refusing to renew the registration exists;\n(f) the suspension or cancellation is necessary because of an\nemergency;\n","sortOrder":99},{"sectionNumber":"102","sectionType":"section","heading":"Registration—suspension","content":"102 Registration—suspension\nIf the director-general is satisfied there are grounds to suspend a\nperson’s registration, the director-general may suspend the\nregistration by giving the person a written suspension notice stating—\n\n","sortOrder":100},{"sectionNumber":"103","sectionType":"section","heading":"Registration—notice of proposed suspension","content":"103 Registration—notice of proposed suspension\n(1) Before suspending a person’s registration, the director-general must\ngive the person a written notice stating—\n(a) that the director-general proposes to suspend the registration;\nand\n(c) that the person may, by a stated day that is at least 14 days after\nthe director-general about the proposed suspension.\n(2) If the person makes a submission before the stated day, the\nwhether to suspend the person’s registration.\n(3) This section is subject to section 104.\n","sortOrder":101},{"sectionNumber":"104","sectionType":"section","heading":"Registration—immediate suspension without prior notice","content":"104 Registration—immediate suspension without prior notice\n(1) The director-general need not give notice under section 103 before\nsuspending a person’s registration—\nurgently because of the biosecurity impact of the regulated\ndealing being carried out by the registered person; or\n(2) However, if the director-general suspends a person’s registration\nwithout giving prior notice, the director-general must give the person\na written notice stating—\n\n(b) that the person may, by a stated day that is at least 14 days after\nthe director-general about the suspension.\n(3) If the person makes a submission before the stated day, the\n(c) give the person written notice of the decision.\n","sortOrder":102},{"sectionNumber":"105","sectionType":"section","heading":"Registration—cancellation","content":"105 Registration—cancellation\nIf the director-general is satisfied there are grounds to cancel a\nperson’s registration, the director-general may cancel the registration\nby giving the registered person a written cancellation notice stating—\n","sortOrder":103},{"sectionNumber":"106","sectionType":"section","heading":"Registration—notice of proposed cancellation","content":"106 Registration—notice of proposed cancellation\n(1) Before cancelling a person’s registration, the director-general must\ngive the person a written notice stating—\n(a) that the director-general proposes to cancel the registration; and\n(c) that the person may, by a stated day that is at least 14 days after\nthe director-general about the proposed cancellation.\n(2) If the person makes a submission before the stated day, the\nwhether to cancel the person’s registration.\n\n","sortOrder":104},{"sectionNumber":"107","sectionType":"section","heading":"Registration—immediate cancellation without prior notice","content":"107 Registration—immediate cancellation without prior notice\n(1) The director-general need not give notice under section 106 before\ncancelling a person’s registration—\n(a) if the director-general is satisfied that the cancellation is\nrequired urgently because of the biosecurity impact of the\nregulated dealing being carried out by the registered person; or\n(c) if the registration is suspended under section 102 and the\nregistered person—\n(i) is given notice under section 103 (1) or section 104 (2);\nand\n(ii) either—\n(A) the director-general has considered any submissions\nby the registered person; or\n(B) the registered person did not make any submissions\nin the period stated in the notice; or\n(d) for any other reason prescribed by regulation.\n(2) However, if the director-general cancels a person’s registration\nwithout giving prior notice, the director-general must give the\nregistered person a written notice stating—\n(b) that the registered person may, by a stated day that is at least\n14 days after the day the notice is given to the registered person,\nmake a submission to the director-general about the\n\n(3) If the registered person makes a submission before the stated day, the\n(b) decide whether to revoke or continue the cancellation; and\n(c) give the registered person written notice of the decision.\n","sortOrder":105},{"sectionNumber":"108","sectionType":"section","heading":"Registration—surrender","content":"108 Registration—surrender\n(1) A person may surrender their biosecurity registration.\n(3) The surrender does not take effect until the director-general gives the\nperson written notice that the director-general is satisfied the\nbiosecurity matter and carriers involved in the regulated dealing will\nbe dealt with appropriately by the person.\n","sortOrder":106},{"sectionNumber":"109","sectionType":"section","heading":"Registration—exercise of functions in emergencies","content":"109 Registration—exercise of functions in emergencies\n(1) A provision of this part that provides for the director-general to\nexercise a function in an emergency provides for the director-general\nto exercise that function if—\n(a) the director-general reasonably believes it is necessary to\nexercise the function because of an emergency declaration; or\n(b) the director-general otherwise reasonably believes it is\n\n(ii) the director-general reasonably suspects a biosecurity\nemergency if it is exercised by the director-general in the\n\nBiosecurity certificates Part 7\n","sortOrder":107},{"sectionNumber":"110","sectionType":"section","heading":"Biosecurity certificates","content":"110 Biosecurity certificates\n(1) A biosecurity certifier may issue a certificate that certifies 1 or more\nof the following matters (a biosecurity certificate):\n(a) that any biosecurity matter, premises or other thing is free from,\nor contains a stated level of, any stated biosecurity matter;\n(b) that any biosecurity matter, premises or other thing is in a stated\ncondition;\n(c) that any biosecurity matter, premises or other thing has been the\nsubject of a stated treatment measure;\n(d) that any biosecurity matter, premises or other thing meets stated\nrequirements;\n(e) any other matter prescribed by regulation.\n(2) A biosecurity certificate remains in force for the period stated in the\ncertificate.\n","sortOrder":108},{"sectionNumber":"111","sectionType":"section","heading":"Interstate biosecurity certificates","content":"111 Interstate biosecurity certificates\ninterstate biosecurity certificate means a certificate issued under a\ncorresponding biosecurity law, that certifies a matter that could be\ncertified in a biosecurity certificate.\n(2) A person is taken to hold a biosecurity certificate for any biosecurity\nmatter, premises or other thing if the person holds an interstate\nbiosecurity certificate for the biosecurity matter, premises or thing.\n","sortOrder":109},{"sectionNumber":"112","sectionType":"section","heading":"Offences—false or misleading biosecurity certificate","content":"112 Offences—false or misleading biosecurity certificate\n(1) A person must not issue a false or misleading biosecurity certificate.\n\n(a) the person issues a biosecurity certificate; and\n(b) the certificate is false or misleading; and\n(c) the person knows, or is negligent about whether, the\ncertificate—\n(i) is false or misleading; or\n(ii) omits anything without which the certificate is false or\nmisleading.\nbiosecurity certificate includes an interstate biosecurity certificate.\n","sortOrder":110},{"sectionNumber":"113","sectionType":"section","heading":"Offences—false representation about biosecurity","content":"113 Offences—false representation about biosecurity\ncertificate\n(1) A person must not falsely represent that a biosecurity certificate has\nbeen issued for any biosecurity matter, premises or other thing.\nnegligently falsely represents that a biosecurity certificate has been\nissued for any biosecurity matter, premises or other thing.\nbiosecurity certificate includes an interstate biosecurity certificate.\n\nBiosecurity audits Part 8\n","sortOrder":111},{"sectionNumber":"114","sectionType":"section","heading":"Meaning of authorisation-holder—pt 8","content":"114 Meaning of authorisation-holder—pt 8\nauthorisation-holder means any of the following:\n(a) a permit-holder;\n(b) a registered person;\n(c) a biosecurity certifier;\n(d) a biosecurity auditor;\n(e) a certifier authority;\n(f) an auditor authority.\n","sortOrder":112},{"sectionNumber":"115","sectionType":"section","heading":"Biosecurity audits","content":"115 Biosecurity audits\n(1) The director-general may require that a biosecurity auditor carry out\nan audit (a biosecurity audit) in relation to an authorisation-holder,\nfor 1 or more of the following purposes:\n(a) to assess an authorisation-holder’s eligibility to hold their\npermit, registration or approval;\n(b) to assess the authorisation-holder’s compliance, or capability of\ncomplying, with this Act;\n(c) to identify ways to improve the authorisation-holder’s\ncompliance with this Act.\n(2) A certifier authority or auditor authority—\n(a) must require a biosecurity audit of a person the authority has\napproved as a biosecurity certifier or biosecurity auditor if\nrequested in writing by the director-general; and\n\n(b) may otherwise require a biosecurity audit of a person the\nauthority has approved as a biosecurity certifier or biosecurity\nauditor.\n","sortOrder":113},{"sectionNumber":"116","sectionType":"section","heading":"Biosecurity audits—notice to authorisation-holder","content":"116 Biosecurity audits—notice to authorisation-holder\n(1) A biosecurity audit may be carried out only if the person requiring the\naudit has given the authorisation-holder written notice at least\n24 hours before the audit is to be carried out.\n(2) However, an audit may be carried out at any time if the person\nrequiring the audit believes on reasonable grounds that the risk is so\nserious and urgent that immediate auditing without notice is\nnecessary.\n","sortOrder":114},{"sectionNumber":"117","sectionType":"section","heading":"Biosecurity audits—reporting requirements","content":"117 Biosecurity audits—reporting requirements\n(1) If a biosecurity auditor carries out a biosecurity audit, the auditor must\nprepare a written report about the audit (an audit report).\n(2) The auditor must give the audit report to the following people within\n21 days after the audit is completed, or any longer period prescribed\nby regulation:\n(a) the person who required the audit;\n(b) the audited authorisation-holder.\n(3) An audit report must include the biosecurity auditor’s opinion about\nthe following matters:\n(a) if the purpose of the audit is to assess an authorisation-holder’s\neligibility to hold their permit, registration or approval—\nwhether the authorisation-holder meets the eligibility criteria;\n(b) whether the authorisation-holder is complying, or capable of\ncomplying, with this Act, including the auditors reasons for the\nopinion;\n\nBiosecurity audits Part 8\n(c) if the audit indicates a failure to comply with this Act or another\ndeficiency—\n(i) the nature of the failure to comply or deficiency; and\n(ii) the action required to remedy the failure or deficiency;\n(d) if a previous biosecurity audit has indicated a failure to comply\nwith this Act or another deficiency, the action (if any) taken to\nremedy the failure or deficiency;\n(e) any other matter prescribed by regulation.\n(4) A certifier authority or auditor authority must give a copy of an audit\nreport to the director-general if directed to do so by the\ndirector-general.\n","sortOrder":115},{"sectionNumber":"118","sectionType":"section","heading":"Biosecurity audits—immediate reporting requirements","content":"118 Biosecurity audits—immediate reporting requirements\n(1) This section applies if a biosecurity auditor becomes aware of, or\nsuspects, any of the following during a biosecurity audit:\n(a) that the authorisation-holder has failed to comply with this Act\nand that failure has resulted in a critical non-compliance\nprescribed by regulation;\n(b) that a person is in possession of biosecurity matter in\ncontravention of this Act;\n(c) that a biosecurity event has happened, is happening, or is likely\nto happen;\n(d) that a biosecurity certificate has been issued that is false or\nmisleading in a material particular;\n(e) that an event prescribed by regulation has happened, is\nhappening, or is likely to happen.\n\n(2) The biosecurity auditor must report the matter to the\ndirector-general—\n(a) orally, as soon as possible, but not later than 24 hours after the\nauditor becomes aware of the matter; and\n(b) in writing, not more than 5 days after the day the auditor\nbecomes aware of the matter.\n","sortOrder":116},{"sectionNumber":"119","sectionType":"section","heading":"Biosecurity audits—costs","content":"119 Biosecurity audits—costs\nIf a person requires a biosecurity audit, and engages a biosecurity\nauditor to carry out the audit, the person may recover from the audited\nauthorisation-holder the reasonable costs of the audit.\n\n","sortOrder":117},{"sectionNumber":"Part 9","sectionType":"part","heading":"Biosecurity certifiers, auditors","content":"Part 9 Biosecurity certifiers, auditors\nand authorities\n","sortOrder":118},{"sectionNumber":"120","sectionType":"section","heading":"Definitions—pt 9","content":"120 Definitions—pt 9\napproval-holder—\n(a) means an auditor authority, biosecurity auditor, biosecurity\ncertifier or certifier authority; but\n(b) does not include a corporation taken to be approved as one of\nthose entities under section 122 (Recognition of interstate\ncertifiers, auditors and authorities).\nauditor authority means—\n(a) a person approved as an auditor authority by the director-general\nunder section 121 (Approval of certifiers, auditors and\nauthorities); or\n(b) a corporation taken to be approved as an auditor authority under\nsection 122 (1) (d).\nbiosecurity auditor means—\n(a) a person approved as a biosecurity auditor by—\n(i) the director-general under section 121; or\n(ii) an auditor authority; or\n(b) an authorised person approved by the director-general as a\nbiosecurity auditor under section 121; or\n(c) a corporation taken to be approved as a biosecurity auditor under\nsection 122 (1) (b).\n\nbiosecurity certifier means—\n(a) a person approved as a biosecurity certifier by—\n(i) the director-general under section 121; or\n(ii) a certifier authority; or\n(b) an authorised person approved by the director-general as a\nbiosecurity certifier under section 121; or\n(c) a corporation taken to be approved as a biosecurity certifier\nunder section 122 (1) (a).\ncertifier authority means—\n(a) a person approved as a certifier authority by the director-general\nunder section 121; or\n(b) a corporation taken to be approved as a certifier authority under\nsection 122 (1) (c).\n","sortOrder":119},{"sectionNumber":"121","sectionType":"section","heading":"Approval of authorised people as certifiers and auditors","content":"121 Approval of authorised people as certifiers and auditors\nThe director-general may, by written notice, approve an authorised\nperson as a biosecurity certifier or biosecurity auditor.\n","sortOrder":120},{"sectionNumber":"122","sectionType":"section","heading":"Recognition of interstate certifiers, auditors and","content":"122 Recognition of interstate certifiers, auditors and\n(1) A corporation that holds an interstate authorisation—\n(a) to issue biosecurity certificates under the corresponding\nbiosecurity law—is taken to be approved as a biosecurity\ncertifier; or\n(b) to carry out biosecurity audits under the corresponding\nbiosecurity law—is taken to be approved as a biosecurity\nauditor; or\n\n(c) to authorise people as biosecurity certifiers under the\ncorresponding biosecurity law—is taken to be approved as a\ncertifier authority; or\n(d) to authorise people as biosecurity auditors under the\ncorresponding biosecurity law—is taken to be approved as an\nauditor authority.\nNote 1 An individual who holds an authorisation (however described) as a\nbiosecurity certifier, biosecurity auditor, certifier authority or auditor\nauthority in another State may have automatic deemed registration as a\nbiosecurity certifier, biosecurity auditor, certifier authority or auditor\nauthority in the ACT under the Mutual Recognition Act 1992 (Cwlth).\nNote 2 State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(2) An approval under subsection (1) is subject to—\n(a) a condition that before the corporation starts exercising a\nfunction under the approval, the corporation gives the\ndirector-general a copy of its interstate authorisation; and\n(b) a condition that before an individual starts exercising a function\non behalf of a corporation under the approval, the corporation\ngives the director-general written notice of the name and contact\ndetails of the individual; and\n(c) a condition that the corporation must cooperate with any\n(d) any condition imposed under the corresponding biosecurity law;\nand\n(e) any other condition prescribed by regulation.\n\ninterstate authorisation means an authorisation (however described)\nunder a corresponding biosecurity law that is not—\n(a) suspended, cancelled or otherwise ended under the\ncorresponding biosecurity law; or\n(b) subject to a non-compliance notice given under section 123.\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Interstate authorisations—non-compliance notice","content":"123 Interstate authorisations—non-compliance notice\nIf the director-general is satisfied a corporation taken to be approved\nunder section 122 has failed to comply with this Act, including by\nfailing to comply with a condition of the approval, the\ndirector-general may give the corporation a written notice\n(a non-compliance notice) stating—\n(a) the reasons for giving the notice; and\n(b) when the notice takes effect.\n","sortOrder":122},{"sectionNumber":"124","sectionType":"section","heading":"Interstate authorisations—proposed non-compliance","content":"124 Interstate authorisations—proposed non-compliance\nnotice requirements\n(1) Before giving a corporation a non-compliance notice under\nsection 123, the director-general must give the corporation a written\nnotice stating—\n(a) that the director-general proposes to give it the non-compliance\nnotice; and\n(b) the reasons for proposing to give it the non-compliance notice;\nand\n(c) that the corporation may, by a stated day that is at least 28 days\nafter the day the notice is given to the corporation, make a\nsubmission to the director-general about the proposed\nnon-compliance notice.\n\n(2) If the corporation makes a submission before the stated day, the\nwhether to give the corporation the non-compliance notice.\n","sortOrder":123},{"sectionNumber":"125","sectionType":"section","heading":"Interstate authorisations—revocation of non-compliance","content":"125 Interstate authorisations—revocation of non-compliance\nnotice\n(1) This section applies if the director-general has given a corporation a\nnon-compliance notice under section 123.\n(2) The director-general may revoke the non-compliance notice if\nsatisfied that the corporation has appropriately dealt with the\nnon-compliance.\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Authorisation of certifiers, auditors and authorities to","content":"126 Authorisation of certifiers, auditors and authorities to\nexercise functions\nFor this Act—\n(a) a biosecurity certifier is authorised to issue biosecurity\ncertificates; and\n(b) a biosecurity auditor is authorised to carry out biosecurity\naudits; and\n(c) a certifier authority is authorised to approve biosecurity\ncertifiers; and\n(d) an auditor authority is authorised to approve biosecurity\nauditors.\n\n","sortOrder":125},{"sectionNumber":"Div 9","sectionType":"division","heading":"2 Approval of certifiers, auditors and","content":"Division 9.2 Approval of certifiers, auditors and\n","sortOrder":126},{"sectionNumber":"127","sectionType":"section","heading":"Approvals—application","content":"127 Approvals—application\n(1) A person may apply to the director-general for approval as—\n(a) a biosecurity certifier; or\n(b) a biosecurity auditor; or\n(c) a certifier authority; or\n(d) an auditor authority.\n","sortOrder":127},{"sectionNumber":"128","sectionType":"section","heading":"Approvals—renewal application","content":"128 Approvals—renewal application\n(1) An approval-holder may apply to the director-general for renewal of\ntheir approval.\n(3) If an application for renewal is made before the approval expires, the\napproval continues in force (unless otherwise suspended, cancelled or\nsurrendered) until the director-general notifies the applicant of a\ndecision on the application.\n\n","sortOrder":128},{"sectionNumber":"129","sectionType":"section","heading":"Approvals—additional information","content":"129 Approvals—additional information\nan approval under section 127, or renewal under section 128, to give\nthe director-general additional information that the director-general\nreasonably needs to decide the application, within a stated time and\nat a stated place.\n","sortOrder":129},{"sectionNumber":"130","sectionType":"section","heading":"Approvals—change of information","content":"130 Approvals—change of information\nIf the information in an application for an approval under section 127,\nor renewal under section 128, changes before the application is\ndecided, the applicant must give the director-general written notice of\nthe details of the change as soon as practicable.\n","sortOrder":130},{"sectionNumber":"131","sectionType":"section","heading":"Approvals—decision on application","content":"131 Approvals—decision on application\n(1) If a person applies for an approval under section 127, or renewal\nunder section 128, the director-general must—\n(2) The director-general may refuse the application—\n(a) if the director-general is not satisfied that the applicant—\n(i) is a suitable person to hold the approval; or\n(ii) has the qualifications, skills, knowledge and experience\nrequired for the approval; or\n(iii) for an application for approval as a certifier authority or\nauditor authority—meets the criteria in section 133; or\n(b) on any grounds prescribed by regulation; or\n(c) for any other reason the director-general considers appropriate.\n\n(3) The director-general must give the applicant written notice of a\ndecision to approve or refuse the application (an approval decision\n(4) If the director-general fails to give an applicant an approval decision\n","sortOrder":131},{"sectionNumber":"132","sectionType":"section","heading":"Approvals—suitable person","content":"132 Approvals—suitable person\nsection 131 (2) (a) (i), the director-general must consider the\nfollowing matters:\nAct that is relevant to the approval, and the applicant’s capacity\nto comply in the future;\n(d) any other matter the decision-maker considers relevant.\n","sortOrder":132},{"sectionNumber":"133","sectionType":"section","heading":"Approvals—authority criteria","content":"133 Approvals—authority criteria\nThe director-general may approve an applicant under section 131 as\na certifier authority or auditor authority only if satisfied that the\napplicant—\n(a) will approve suitable people as biosecurity certifiers or\nbiosecurity auditors, including by requiring biosecurity audits;\nand\n\n(b) will monitor approval-holders’ ongoing suitability, including by\nhaving an appropriate, publicly available, audit frequency policy\nrequiring biosecurity audits; and\n(c) will impose appropriate conditions on approvals, including a\ncondition that approval-holders must cooperate with any\nrequired biosecurity audit; and\n(d) will appropriately provide for quality assurance of\napproval-holders; and\n(e) will identify and deal with approval-holders’ noncompliance\nwith any conditions on their approval, including by suspending\nand cancelling approvals; and\n(f) has appropriate procedures for reviewing decisions and\nresolving disputes about approvals; and\n(g) will impose reasonable fees for approvals; and\n(h) meets any other requirement prescribed by regulation.\n","sortOrder":133},{"sectionNumber":"134","sectionType":"section","heading":"Approvals—duration","content":"134 Approvals—duration\n(1) An approval, and a renewal of an approval, under section 131—\n(a) starts on the day it is given, or any later day stated in the approval\ndecision notice; and\n(2) An approval has no effect during any period in which it is suspended.\n","sortOrder":134},{"sectionNumber":"135","sectionType":"section","heading":"Approvals—amendment","content":"135 Approvals—amendment\n(1) The director-general may amend an approval under section 131 if\nsatisfied that the amendment is necessary.\n\n(b) on application by the approval-holder.\n","sortOrder":135},{"sectionNumber":"136","sectionType":"section","heading":"Approvals—conditions generally","content":"136 Approvals—conditions generally\nAn approval under section 131 includes—\n(a) a condition that the approval-holder must cooperate with any\n(i) a condition requiring the approval-holder to exercise their\nfunctions under the approval in accordance with all or part\nof a stated standard, code, guideline, protocol, program or\nother instrument;\n(ii) a condition requiring the approval-holder to take out and\nmaintain an insurance policy that indemnifies the\napproval-holder against liability in relation to exercising\ntheir functions under the approval;\n(iii) a condition requiring the approval-holder to do something\nbefore their approval is suspended, cancelled or\nsurrendered to ensure that biosecurity matter and carriers\nare dealt with appropriately on the suspension, cancellation\nor surrender;\n(iv) for a certifier authority or auditor authority—a condition\nrelating to the criteria mentioned in section 133.\n\n","sortOrder":136},{"sectionNumber":"137","sectionType":"section","heading":"Approvals—additional conditions for corporations","content":"137 Approvals—additional conditions for corporations\nIf an approval-holder is a corporation, the approval is subject to a\ncondition that the corporation must—\n(a) ensure that each individual exercising a function on behalf of the\ncorporation under the approval has the required qualifications,\nskills, knowledge and experience; and\n(b) before an individual starts exercising a function on behalf of the\ncorporation under the approval, give the director-general written\nnotice of the name and contact details of the individual.\n","sortOrder":137},{"sectionNumber":"138","sectionType":"section","heading":"Offences—fail to comply with approval condition","content":"138 Offences—fail to comply with approval condition\n(1) A person who holds an approval under section 131 must comply with\nthe conditions on the approval.\n(2) A person who holds an approval under section 131 commits an\noffence if the person intentionally or negligently fails to comply with\na condition on the approval.\n","sortOrder":138},{"sectionNumber":"139","sectionType":"section","heading":"Approvals—grounds for suspension or cancellation","content":"139 Approvals—grounds for suspension or cancellation\nEach of the following is a ground for suspending or cancelling an\napproval:\n(a) the approval-holder has failed to comply with a provision of this\nAct;\n(b) the approval-holder is not a suitable person to hold the approval;\n(c) for a certifier authority or auditor authority—the\napproval-holder does not satisfy a criterion mentioned in\nsection 133;\n\n(d) the approval-holder does not have the qualifications, skills,\nknowledge and experience required to continue to hold the\napproval;\n(e) the approval-holder used false or misleading information to\nobtain the approval;\n(f) a ground for refusing to renew the approval exists;\n","sortOrder":139},{"sectionNumber":"140","sectionType":"section","heading":"Approvals—suspension","content":"140 Approvals—suspension\nIf the director-general is satisfied there are grounds to suspend an\napproval, the director-general may suspend the approval by giving the\napproval-holder a written suspension notice stating—\n","sortOrder":140},{"sectionNumber":"141","sectionType":"section","heading":"Approvals—notice of proposed suspension","content":"141 Approvals—notice of proposed suspension\n(1) Before suspending an approval, the director-general must give the\napproval-holder a written notice stating—\n(a) that the director-general proposes to suspend the approval; and\n(c) that the approval-holder may, by a stated day that is at least\nsuspension.\n\n(2) If the approval-holder makes a submission before the stated day, the\nwhether to suspend the approval.\n(3) This section is subject to section 142.\n","sortOrder":141},{"sectionNumber":"142","sectionType":"section","heading":"Approvals—immediate suspension without prior notice","content":"142 Approvals—immediate suspension without prior notice\n(1) The director-general need not give notice under section 141 before\nsuspending an approval—\nurgently because the approval-holder has—\n(i) failed to comply with the approval, and that failure has\nresulted in a critical non-compliance prescribed by\nregulation; or\n(ii) engaged in fraudulent behaviour under the approval; or\n(2) However, if the director-general suspends an approval without giving\nprior notice, the director-general must give the approval-holder a\nwritten notice stating—\n(b) that the approval-holder may, by a stated day that is at least\nmake a submission to the director-general about the suspension.\n(3) If the approval-holder makes a submission before the stated day, the\n(c) give the approval-holder written notice of the decision.\n\n","sortOrder":142},{"sectionNumber":"143","sectionType":"section","heading":"Approvals—cancellation","content":"143 Approvals—cancellation\nIf the director-general is satisfied there are grounds to cancel an\napproval, the director-general may cancel the approval by giving the\napproval-holder a written cancellation notice stating—\n","sortOrder":143},{"sectionNumber":"144","sectionType":"section","heading":"Approvals—notice of proposed cancellation","content":"144 Approvals—notice of proposed cancellation\n(1) Before cancelling an approval, the director-general must give the\napproval-holder a written notice stating—\n(a) that the director-general proposes to cancel the approval; and\n(c) that the approval-holder may, by a stated day that is at least\n(2) If the approval-holder makes a submission before the stated day, the\nwhether to cancel the approval.\n","sortOrder":144},{"sectionNumber":"145","sectionType":"section","heading":"Approvals—surrender","content":"145 Approvals—surrender\n(1) An approval-holder may surrender their approval.\n\n","sortOrder":145},{"sectionNumber":"146","sectionType":"section","heading":"Biosecurity directions","content":"146 Biosecurity directions\n(1) An authorised person may give a direction to a person, including a\ndirection mentioned in sections 148 to 151, for a purpose mentioned\nin subsection (2) (a biosecurity direction).\n(2) An authorised person may give a biosecurity direction that—\n(a) prohibits, regulates or controls the person doing something, if\nthe authorised person reasonably believes that the direction is\nnecessary for 1 or more of the following purposes:\n(i) to prevent the person from failing to comply or continuing\nto fail to comply with this Act;\n(ii) to manage a biosecurity risk or biosecurity impact;\n(iii) to enforce this Act; or\n(b) requires the person to do something, if the authorised person\nreasonably believes that the direction is necessary for 1 or more\nof the following purposes:\n(i) to ensure the person complies with a biosecurity duty\nimposed on the person under this Act;\n(ii) to ensure the person remedies a failure to comply,\nsuspected failure to comply or likely failure to comply with\nthis Act by the person;\n(iii) to manage a biosecurity risk posed by a dealing of the\nperson, or suspected dealing of the person, with biosecurity\n(iv) to enforce this Act.\n(3) A biosecurity direction may be subject to any condition the authorised\nperson considers reasonable in the circumstances.\n\n","sortOrder":146},{"sectionNumber":"147","sectionType":"section","heading":"Biosecurity directions—giving directions","content":"147 Biosecurity directions—giving directions\n(1) An authorised person may give a biosecurity direction to a person\nby—\n(a) giving the direction in writing; or\n(b) giving the direction orally; or\n(c) if the direction is to a person at particular premises—\n(i) giving the direction to the owner, occupier or person\napparently in charge of the premises; and\n(ii) displaying the direction in a prominent place at or adjacent\nto the premises; or\n(d) if it is an emergency and the person is an occupier of premises—\ndisplaying a copy of the direction in a prominent place at, or\nadjacent to, the premises.\n(2) If a biosecurity direction is given—\n(a) orally—an authorised person must, within 7 days, give a written\nconfirmation of the direction to the person (unless the direction\nhas already been complied with); or\n(b) in an emergency—\n(i) the direction must include a warning that the direction is\nbeing given in an emergency; and\n(ii) an authorised person must, within 7 days, give a written\ncopy of the direction to the person (unless the direction has\nalready been complied with).\n(3) A failure to comply with subsection (2) (b) (i) does not affect the\nvalidity of a biosecurity direction.\n\n","sortOrder":147},{"sectionNumber":"148","sectionType":"section","heading":"Biosecurity directions—scope of directions","content":"148 Biosecurity directions—scope of directions\nA biosecurity direction may prohibit, regulate, control or require any\nof the following:\n(e) treatment measures to be carried out in relation to any\ncontainment measure in relation to any premises, biosecurity\nmatter or other thing;\n\n(o) any other matter expressly—\n(i) authorised by an emergency declaration; or\n(ii) authorised by a control declaration; or\n(iii) prescribed by regulation.\n","sortOrder":148},{"sectionNumber":"149","sectionType":"section","heading":"Biosecurity directions—restricting movement of people","content":"149 Biosecurity directions—restricting movement of people\n(1) In an emergency, a biosecurity direction may do 1 or more of the\n(a) prohibit, regulate or control entry into, or exit from, any stated\npremises or stated area;\n(b) prohibit, regulate or control the use of any road within, or going\ninto or out of, any stated premises or stated area (including by\nclosing roads).\n(2) A biosecurity direction must not prohibit, regulate or control the\nmovement of a person, except as expressly—\n(a) provided in subsection (1); or\n(b) authorised by an emergency declaration.\n(3) However, subsection (2) does not prevent a biosecurity direction\nbeing imposed in relation to any biosecurity matter, premises, area,\nactivity or other thing, that has an impact on the movement of a person\nbut is not imposed for the purpose of restricting the movement of the\n\n","sortOrder":149},{"sectionNumber":"150","sectionType":"section","heading":"Biosecurity directions—treatment of people","content":"150 Biosecurity directions—treatment of people\n(1) In an emergency, a biosecurity direction may direct a person to carry\nout an external treatment measure, or permit an external treatment\nmeasure to be carried out, in relation to the person.\n(2) A biosecurity direction must not require—\n(a) a treatment measure to be carried out in relation to a person\nexcept as expressly—\n(i) provided in subsection (1); or\n(ii) authorised by an emergency declaration; or\n","sortOrder":150},{"sectionNumber":"151","sectionType":"section","heading":"Biosecurity directions—inspection of people","content":"151 Biosecurity directions—inspection of people\n(1) In an emergency, a biosecurity direction may direct a person to permit\nan authorised person to inspect the person for biosecurity matter, a\ncarrier or a potential carrier.\n(2) However, a requirement under subsection (1) only authorises an\nauthorised person to require the person to do 1 or more of the\n(a) to submit to a visual inspection (including of the exterior of the\nperson’s clothing, accessories and shoes);\n(b) to shake, or otherwise move, the person’s hair.\n","sortOrder":151},{"sectionNumber":"152","sectionType":"section","heading":"Biosecurity directions—destruction of things","content":"152 Biosecurity directions—destruction of things\nA biosecurity direction must not require or authorise the destruction\nof any biosecurity matter or other thing unless—\n(a) it is, or the authorised person reasonably suspects it is,\nprohibited biosecurity matter; or\n\n(b) it is, or the authorised person reasonably suspects it is, a carrier\nof prohibited biosecurity matter; or\n(c) it is, or the authorised person reasonably suspects it is, a declared\npest; or\n(i) it is, or the authorised person reasonably suspects it is,\ninfected with, infested with or carrying biosecurity matter\nthat poses a biosecurity risk;\n(ii) there is no other reasonably practicable treatment measure\nthat could eliminate or minimise the biosecurity risk posed\nby the biosecurity matter; or\n(e) the destruction is expressly authorised or required by—\n(ii) a control declaration.\n","sortOrder":152},{"sectionNumber":"153","sectionType":"section","heading":"Biosecurity directions—nature conservation and heritage","content":"153 Biosecurity directions—nature conservation and heritage\n(1) A biosecurity direction must not require the destruction of any of the\n(a) a native animal, native fish or native plant;\ngeological interest in a reserve;\n(e) a heritage place or object.\n(2) A failure to comply with this section does not affect the validity of a\nbiosecurity direction.\n\n(3) This section does not apply to the destruction of a thing if the\ndestruction is expressly authorised or required by—\n(b) a control declaration.\n","sortOrder":153},{"sectionNumber":"154","sectionType":"section","heading":"Biosecurity directions—recovery of costs","content":"154 Biosecurity directions—recovery of costs\nAn authorised person may recover from a person to whom a\nbiosecurity direction is given, the reasonable costs of any inspection,\ntest or assessment made in preparing the biosecurity direction.\n","sortOrder":154},{"sectionNumber":"155","sectionType":"section","heading":"Biosecurity directions—authorising actions and","content":"155 Biosecurity directions—authorising actions and\n(1) If a person (the liable person) fails to comply with a biosecurity\ndirection, the director-general may authorise a person to—\npremises, that the liable person is required by the direction to\ntake or that is otherwise necessary to remedy the failure to\ncomply.\nbiosecurity direction is in addition to the taking of a proceeding for\nan offence of failing to comply with a biosecurity direction under\nsection 156.\n\n","sortOrder":155},{"sectionNumber":"156","sectionType":"section","heading":"Offences—fail to comply with biosecurity direction","content":"156 Offences—fail to comply with biosecurity direction\n(1) A person must comply with a biosecurity direction.\nnegligently fails to comply with a biosecurity direction.\n(4) It is a defence to a prosecution for an offence against this section if\nthe defendant proves they had a reasonable excuse for failing to\ncomply with the direction.\ns (4) (see Criminal Code, s 59).\n","sortOrder":156},{"sectionNumber":"157","sectionType":"section","heading":"Biosecurity directions—exercise of functions in","content":"157 Biosecurity directions—exercise of functions in\nemergencies\n(1) A provision of this part that provides for an authorised person to\nexercise a function in an emergency provides for the authorised\nperson to exercise that function if—\n(a) the authorised person is required or authorised to exercise the\nfunction under an emergency declaration; or\n(b) the authorised person otherwise reasonably believes it is\n(ii) the authorised person reasonably suspects a biosecurity\n\nemergency if it is exercised by an authorised person in the\n(3) The fact that this part provides for an authorised person to exercise\ncertain functions only in an emergency does not prevent an authorised\nperson from exercising any other function under this part in an\nemergency.\n\n","sortOrder":157},{"sectionNumber":"158","sectionType":"section","heading":"Biosecurity undertakings","content":"158 Biosecurity undertakings\n(1) The director-general may accept a written undertaking (a biosecurity\nundertaking) given by a person if—\n(a) the person has failed to comply with this Act; or\n(b) the director-general suspects that the person has failed to comply\nor is likely to fail to comply with this Act.\n(2) The giving of an undertaking by a person does not constitute an\nadmission of guilt in relation to the matters to which the undertaking\nrelates.\n","sortOrder":158},{"sectionNumber":"159","sectionType":"section","heading":"Biosecurity undertakings—contents","content":"159 Biosecurity undertakings—contents\nA biosecurity undertaking must state—\n(a) details of the person’s failure to comply with this Act, or\nsuspected or likely failure to comply with this Act; and\n(b) the measures that the person agrees to implement to remedy or\nprevent the failure, or suspected or likely failure; and\n(c) when the measures must be implemented.\n","sortOrder":159},{"sectionNumber":"160","sectionType":"section","heading":"Biosecurity undertakings—when enforceable","content":"160 Biosecurity undertakings—when enforceable\nA biosecurity undertaking becomes enforceable when the person\ngiving the undertaking and the director-general agree, in writing, to\nthe terms of the undertaking.\n","sortOrder":160},{"sectionNumber":"161","sectionType":"section","heading":"Biosecurity undertakings—amendment","content":"161 Biosecurity undertakings—amendment\n(1) A biosecurity undertaking may only be amended if both the person\nwho gave the undertaking and the director-general agree, in writing,\nto the amendment.\n\nBiosecurity undertakings Part 11\n(2) A biosecurity undertaking must not be amended to provide for a\ndifferent failure to comply, or suspected or likely failure to comply,\nwith this Act.\n","sortOrder":161},{"sectionNumber":"162","sectionType":"section","heading":"Biosecurity undertakings—ending","content":"162 Biosecurity undertakings—ending\nA biosecurity undertaking ends if—\n(a) the director-general—\n(i) is satisfied that the undertaking is no longer necessary or\ndesirable to ensure that the person complies with this Act;\nand\n(ii) gives written notice to the person who gave the\nundertaking; or\n(b) both the person who gave the undertaking and the\ndirector-general agree in writing.\n","sortOrder":162},{"sectionNumber":"163","sectionType":"section","heading":"Biosecurity undertakings—authorising actions and","content":"163 Biosecurity undertakings—authorising actions and\n(1) If a person (the liable person) fails to comply with a biosecurity\nundertaking, the director-general may authorise a person to—\npremises, that the liable person is required by the undertaking to\ntake or that is otherwise necessary to remedy the failure.\n\nbiosecurity undertaking is in addition to the taking of a proceeding\nfor an offence of failing to comply with a biosecurity undertaking\nunder section 166.\n","sortOrder":163},{"sectionNumber":"164","sectionType":"section","heading":"Biosecurity undertakings—orders requiring compliance","content":"164 Biosecurity undertakings—orders requiring compliance\n(1) The director-general may apply to the Magistrates Court for an order\nunder subsection (2) if the director-general believes on reasonable\ngrounds that—\n(a) a biosecurity undertaking is enforceable against a person; and\n(b) the person has failed to comply with the undertaking.\n(2) If the Magistrates Court is satisfied that the person has failed to\ncomply with the undertaking, the court may make 1 or more of the\nfollowing orders:\n(a) an order directing the person to comply with the undertaking;\n(b) an order discharging or amending the undertaking;\n(c) an order directing the person to pay to the Territory—\n(i) the costs of the proceeding; and\n(ii) the reasonable costs of the director-general in monitoring\ncompliance with the biosecurity undertaking in the future;\n(d) any other order that the court considers appropriate.\n(3) The making of an order under this section does not affect the liability\nof a person for an offence.\n","sortOrder":164},{"sectionNumber":"165","sectionType":"section","heading":"Biosecurity undertakings—effect on other proceedings","content":"165 Biosecurity undertakings—effect on other proceedings\nA proceeding may not be brought against a person for an offence if—\n(a) the conduct constituting the offence is the subject of a\nbiosecurity undertaking; and\n\nBiosecurity undertakings Part 11\n(b) the undertaking is in force; and\n(c) the person has not failed to comply with the undertaking.\n","sortOrder":165},{"sectionNumber":"166","sectionType":"section","heading":"Offences—fail to comply with biosecurity undertaking","content":"166 Offences—fail to comply with biosecurity undertaking\n(1) A person must comply with a biosecurity undertaking that is\nenforceable against the person.\n(a) a biosecurity undertaking is enforceable against the person; and\nundertaking.\n\n","sortOrder":166},{"sectionNumber":"167","sectionType":"section","heading":"Definitions—pt 12","content":"167 Definitions—pt 12\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 12.3 (Search\nwarrants).\n","sortOrder":167},{"sectionNumber":"168","sectionType":"section","heading":"Authorised people","content":"168 Authorised people\n(1) The director-general may appoint a person as an authorised person\nfor this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) Also, a police officer is an authorised person for this Act.\n\nGeneral Division 12.1\n","sortOrder":168},{"sectionNumber":"169","sectionType":"section","heading":"Identity cards","content":"169 Identity cards\n(1) The director-general must give each authorised person (other than a\npolice officer) an identity card that states the person’s name and\nappointment as an authorised person, and shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n(a) stops being an authorised person (other than a police officer);\nand\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but within 7 days) after the day the\nperson stops being an authorised person.\nMaximum penalty: 5 penalty units.\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An offence against this section is a strict liability offence.\n","sortOrder":169},{"sectionNumber":"170","sectionType":"section","heading":"Use of assistants","content":"170 Use of assistants\n(1) An authorised person exercising a function under this Act may\nexercise the function with the assistance of any other person the\nauthorised person considers necessary in the circumstances.\n\n(2) A person assisting an authorised person may—\n(a) accompany the authorised person onto any premises that the\nauthorised person is lawfully allowed to enter under this Act;\nand\n(b) take all reasonable steps to assist the authorised person in the\nexercise of the authorised person’s functions under this Act.\n","sortOrder":170},{"sectionNumber":"171","sectionType":"section","heading":"Use of animals","content":"171 Use of animals\n(1) An authorised person may, if the authorised person considers it\nnecessary in the circumstances, use an animal to assist the authorised\nperson to detect the presence of, or manage, biosecurity matter under\n(2) An authorised person may, in the exercise of their functions as an\nauthorised person, bring an animal onto any premises that the\nauthorised person is lawfully allowed to enter under this Act.\n(3) An authorised person who exercises a function in the company of, or\nusing, an animal must take all reasonable steps to ensure that the\nanimal—\n(a) is under the control of the authorised person or a person assisting\nthe authorised person; and\n(b) does not unnecessarily interact with anyone other than the\nauthorised person or a person assisting the authorised person.\n","sortOrder":171},{"sectionNumber":"172","sectionType":"section","heading":"Authorised person must show identity card on exercising","content":"172 Authorised person must show identity card on exercising\npower\n(1) If an authorised person (other than a police officer) exercises a power\nunder this Act (other than a power under section 179) that affects an\nindividual, the authorised person must first show the authorised\nperson’s identity card to the individual; or\n\n(2) If an authorised person (other than a police officer) exercises a power\nunder this Act (other than a power under section 179) that affects a\nperson, other than an individual, the authorised person must first\nshow the authorised person’s identity card to an individual the\nauthorised person believes on reasonable grounds is an employee,\nofficer or agent of the person.\n(3) If the authorised person is not exercising the power in person, the\nauthorised person must provide the person with other evidence that\nthey are an authorised person.\n","sortOrder":172},{"sectionNumber":"173","sectionType":"section","heading":"Power to enter premises","content":"173 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises if the authorised person\nsuspects on reasonable grounds that there is a biosecurity risk at\nthe premises; or\n(b) at any reasonable time, enter premises to investigate, monitor or\nenforce compliance with this Act if the authorised person\nsuspects on reasonable grounds that the premises are occupied\nby any of the following:\n(i) a permit-holder;\n(ii) a registered person;\n(iii) a biosecurity certifier;\n(iv) a certifier authority;\n(v) a biosecurity auditor;\n(vi) an auditor authority;\n(vii) a person who is subject to a biosecurity direction;\n\n(viii) a person who is subject to an enforceable biosecurity\nundertaking; or\n(c) at any reasonable time, enter premises with a biosecurity auditor\nto facilitate the conduct of a biosecurity audit; or\n(d) at any time, enter premises if the director-general has given the\noccupier of the premises notice under section 48 (3)\n(Emergency declarations—authorising actions and recovering\ncosts); or\n(e) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(f) at any time, enter premises with the occupier’s consent; or\n(g) at any time, enter premises if the authorised person believes on\nreasonable grounds that the risk is so serious and urgent that\nimmediate entry to the premises without the authority of a search\nwarrant is necessary; or\n(h) if a vehicle is stopped under section 187 (Direction to stop\nvehicle)—enter the vehicle; or\n(i) enter premises in accordance with a search warrant.\n(2) However, subsection (1) (a), (1) (b), (1) (c), (1) (d) or (1) (e) does not\nauthorise entry into a part of the premises that is being used only for\nresidential purposes.\n(3) If an authorised person wants to ask for consent to enter a building or\nother structure on premises, the authorised person may, without the\noccupier’s consent, enter any land that forms part of the premises to\nask for the consent.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n\n(5) An authorised person may enter premises under subsection (1) (a),\n(1) (b), (1) (c), (1) (d), (1) (g), (1) (h) or (1) (i) using any necessary\nand reasonable force.\n(6) Entry into premises under this section may include entry on foot, by\nvehicle or other means.\n","sortOrder":173},{"sectionNumber":"174","sectionType":"section","heading":"Production of identity card","content":"174 Production of identity card\n(1) An authorised person and any other person who is accompanying the\nauthorised person may not remain at premises entered under this part\nif the authorised person does not produce when asked by the\noccupier—\n(a) for an authorised person who is not a police officer—their\nidentity card; or\n(b) for a police officer—evidence that they are a police officer.\n(2) If an authorised person does not comply with a request made by an\noccupier under subsection (1), the authorised person and any other\nperson accompanying the authorised person (other than a police\nofficer) must immediately leave the premises.\n","sortOrder":174},{"sectionNumber":"175","sectionType":"section","heading":"Consent to entry","content":"175 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 173 (1) (f), an authorised person must—\n(a) produce either—\n(i) for an authorised person who is not a police officer—\n(A) their identity card; or\n(B) evidence that they are an authorised person; or\n(ii) for a police officer—evidence that they are a police officer;\nand\n\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto give their consent in writing (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consents to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier gives an acknowledgment of consent, the authorised\nperson must be reasonably satisfied that the occupier has a copy of\nthe acknowledgment.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":175},{"sectionNumber":"176","sectionType":"section","heading":"General powers on entry to premises","content":"176 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect anything, including using reasonable force to break open\nor otherwise access a container, vehicle or other thing being\nused, or suspected of being used, to hold or contain another\n(b) inspect and copy, or take extracts from, documents relating to a\nfailure to comply, or likely failure to comply, with this Act;\n(c) take images or other recordings;\n(d) move any biosecurity matter or other thing;\n(e) isolate, confine or detain any biosecurity matter or other thing;\n(f) carry out a treatment measure in relation to any biosecurity\nmatter, premises or other thing;\n(g) erect or repair any fencing, gate or any other method of\nenclosure, or carry out any other security or containment\nmeasure in relation to the premises or any biosecurity matter or\nother thing;\n(h) erect signs;\n(i) take and remove samples of anything;\n(j) carry out any tests that the authorised person considers\nnecessary;\n\n(k) mark, brand, tag, or attach a device or other identifier to any\nbiosecurity matter or carrier to identify or trace the biosecurity\nmatter or carrier;\n(l) install or use a device at the premises to detect or monitor the\npresence of any biosecurity matter or other thing;\n(m) install or use a device or bait at the premises to capture, kill or\notherwise control any biosecurity matter or other thing;\n(n) destroy, dispose of or eradicate anything, in accordance with this\nAct;\n(o) do anything else prescribed by regulation.\n(2) A person commits an offence if the person interferes with a sign,\ndevice, or any other equipment placed by an authorised person under\n(3) A person commits an offence if the person intentionally or\nnegligently interferes with a sign, device, or any other equipment\nplaced by an authorised person under subsection (1).\n(5) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that they had a reasonable excuse for\ninterfering with the sign, device or other equipment.\ns (5) (see Criminal Code, s 59).\n\n","sortOrder":176},{"sectionNumber":"177","sectionType":"section","heading":"Power to require information, documents, etc","content":"177 Power to require information, documents, etc\n(1) An authorised person who enters premises under this part may, for\nthis Act, require the occupier, or anyone else at the premises, to do\n1 or more of the following in relation to the premises or anything at\nthe premises:\n(a) to give information, answer questions or produce documents or\nanything else (whether the information, document or other thing\nis at the premises or elsewhere) that the occupier or person at the\npremises has, or has access to, that are reasonably necessary to\nexercise a function under this Act;\n(b) to give the authorised person copies of documents produced\nunder paragraph (a) that are reasonably necessary to exercise a\nfunction under this Act;\n(c) to give the authorised person reasonable help to exercise a\nfunction under this part.\nExamples—require the occupier to give reasonable help\n1 require the occupier to confine or move an animal in their possession\n2 require the occupier to provide facilities, including yards and crushes,\nthat are required to inspect, treat or take samples from any biosecurity\nmatter, carrier, potential carrier or other thing\n3 require the occupier to restrain an animal\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1).\n(3) A person commits an offence if the person fails to take reasonable\nsteps to comply with a requirement made of the person under\n\n","sortOrder":177},{"sectionNumber":"178","sectionType":"section","heading":"Recovery of costs for action taken","content":"178 Recovery of costs for action taken\nIf action is taken by an authorised person against a person (the liable\nperson) under section 176, the director-general may recover from the\nliable person the reasonable costs of taking the action if, in the\nopinion of the director-general, it is reasonable to do so considering\nthe following:\n(a) any biosecurity duty or obligation of the liable person under this\nAct;\n(b) any failure to comply or likely failure to comply with this Act\nby the liable person;\n(c) any other matter the director-general considers relevant in the\ncircumstances.\n","sortOrder":178},{"sectionNumber":"179","sectionType":"section","heading":"Power to obtain, inspect and copy records","content":"179 Power to obtain, inspect and copy records\n(1) An authorised person may, by written notice, require a person to give\nthe authorised person information, or produce documents or anything\nelse, that the person has, or has access to, that are reasonably required\nby the authorised person for this Act.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under this section.\n(3) A person commits an offence if the person fails to take reasonable\nsteps to comply with a requirement made of the person under this\nsection.\n\n","sortOrder":179},{"sectionNumber":"180","sectionType":"section","heading":"Power to require answers to questions","content":"180 Power to require answers to questions\n(1) An authorised person may require a person to answer questions in\nrelation to a matter under this Act if the authorised person reasonably\nbelieves that the person may have knowledge about the matter.\n(2) An authorised person may, by written notice, require a person to\nattend the place stated in the notice, at the time stated in the notice, in\norder to answer questions about a matter that the authorised person\nreasonably believes the person may have knowledge.\n(3) The place and time are to be—\n(a) nominated by the person; or\n(b) if the nominated place and time are not reasonable in the\ncircumstances, or no place and time are nominated—a place and\ntime nominated by the authorised person that is reasonable in\nthe circumstances.\n(4) A person who is the subject of a requirement made under this section\nmust comply with the requirement.\n(5) A person who is the subject of a requirement made under this section\ncommits an offence if the person fails to comply with the requirement.\n(6) An offence against subsection (4) is a strict liability offence.\n","sortOrder":180},{"sectionNumber":"181","sectionType":"section","heading":"Evidence may be recorded","content":"181 Evidence may be recorded\n(1) An authorised person may record information given orally under this\ndivision if, before the information is given, the authorised person has\ninformed the person giving the information that it is to be recorded.\n(2) A record may be made using any method that the authorised person\nconsiders reasonable in the circumstances.\n\n(3) If an authorised person makes a record, they must give a copy of the\nrecord to the person who provided the information as soon as\npracticable after making the record.\n","sortOrder":181},{"sectionNumber":"182","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"182 Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question or providing\ninformation or a document under this part on the ground that the\nanswer to the question, or the information or document, may tend to\nincriminate the person or expose the person to a penalty.\nindirectly, because of the giving of the answer or the production of\nthe document is not admissible in evidence against the person in a\ncivil or criminal proceeding, other than a proceeding for an offence\narising out of the false or misleading nature of the answer,\ninformation or document.\n","sortOrder":182},{"sectionNumber":"183","sectionType":"section","heading":"Warning to be given","content":"183 Warning to be given\n(1) Before requiring a person to comply with a requirement under\nsection 177, section 179 or section 180 (1), an authorised person\nmust warn the person—\n(a) that failure to comply constitutes an offence; and\n(b) about the effect of section 182.\n(2) It is not an offence for an individual to refuse to answer a question\nput by an authorised person or provide information or a document to\nan authorised person under section 177, section 179 or\nsection 180 (1) on the ground that the question, information or\ndocument might tend to incriminate the individual, unless the\nindividual was first given the warning mentioned in\nsubsection (1) (b).\n(3) Nothing in this section prevents an authorised person from obtaining\nand using evidence given to the authorised person voluntarily by any\n\n","sortOrder":183},{"sectionNumber":"184","sectionType":"section","heading":"Power to seize things","content":"184 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if seizure of\nthe thing is consistent with the purpose of the entry told to the\noccupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may\nseize—\n(a) anything at the premises if satisfied on reasonable grounds\nthat—\n(i) the thing is connected with an offence against this Act; and\n(ii) the seizure is necessary to prevent the thing from being—\n(A) concealed, lost or destroyed; or\n(B) used to commit, continue or repeat the offence; or\n(b) any biosecurity matter or other thing if the authorised person\nreasonably believes that seizure of the biosecurity matter or\nother thing is necessary to manage a biosecurity risk posed by\nthe biosecurity matter or thing.\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(6) A person commits an offence if the person—\n(a) intentionally or negligently interferes with a seized thing, or\nanything containing a seized thing, to which access has been\nrestricted under subsection (4); and\n(b) does not have an authorised person’s approval to interfere with\nthe thing.\n(7) An offence against subsection (5) is a strict liability offence.\n","sortOrder":184},{"sectionNumber":"185","sectionType":"section","heading":"Direction to give name and address","content":"185 Direction to give name and address\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\n\n(2) The authorised person may direct the person to immediately give the\nauthorised person any of the following:\n(a) the person’s full name;\n(b) the person’s home address;\n(c) evidence of the person’s full name or home address.\nNote 1 The authorised person must first show the person their identity card\n(see s 174).\nNote 2 It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) If an authorised person gives a direction to a person, the authorised\nperson must tell the person that it is an offence if the person fails to\ncomply with the direction.\n(4) If an authorised person gives a direction to a person, the authorised\nperson must give the direction in a language, or in a way of\ncommunicating, that the authorised person believes on reasonable\ngrounds the person is likely to understand.\n","sortOrder":185},{"sectionNumber":"186","sectionType":"section","heading":"Offences—fail to comply with direction to give name and","content":"186 Offences—fail to comply with direction to give name and\naddress\n(1) A person must comply with a direction under section 185.\n(2) A person commits an offence if the person fails to comply with a\ndirection under section 185.\n\n(4) This section does not apply to a person if the authorised person,\nbefore giving the direction, did not—\n(a) for an authorised person (other than a police officer)—produce\nthe authorised person’s identity card for inspection by the\nperson; or\n(b) tell the person that failure to comply with the direction is an\n(5) Also, for a direction under section 185 (2) (c), this section does not\napply if the person produces the evidence not more than 24 hours after\nthe day the direction was made.\nmentioned in s (4) and s (5) (see Criminal Code, s 58).\n","sortOrder":186},{"sectionNumber":"187","sectionType":"section","heading":"Direction to stop vehicle","content":"187 Direction to stop vehicle\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a vehicle, or something in a vehicle, is—\n(a) associated with a biosecurity risk; or\n(b) connected with an offence against this Act.\n(2) To exercise a function under this part, an authorised person may direct\nthe driver of a vehicle to stop the vehicle—\n(a) without delay; or\n(b) at the nearest place where the vehicle can be safely stopped as\nindicated by the authorised person.\n(3) A direction may be given to a driver orally or by means of a sign or\nsignal (electronic or otherwise) or in any other way.\n(4) A direction to a driver ceases to be operative to the extent that an\n(a) gives the driver or other person a later inconsistent direction; or\n(b) indicates to the driver that the direction is no longer operative.\n\n(5) An authorised person may direct a vehicle to be stopped only for the\namount of time necessary for the authorised person to exercise the\nfunction.\nNote An authorised person may enter and search a stopped vehicle\n(see s 173 (1) (h)).\n","sortOrder":187},{"sectionNumber":"188","sectionType":"section","heading":"Offences—fail to comply with direction to stop vehicle","content":"188 Offences—fail to comply with direction to stop vehicle\n(1) A person must comply with a direction under section 187.\n(2) A person commits an offence if the person fails to comply with a\ndirection under section 187.\n(4) This section does not apply if the authorised person (other than a\npolice officer) did not, as soon as practicable after giving the\ndirection, produce the authorised person’s identity card for inspection\nby the person.\n(5) It is a defence to a prosecution for an offence against subsection (1)\nif the defendant proves that they had a reasonable excuse for failing\nto comply with the direction.\ns (5) (see Criminal Code, s 59).\n\n","sortOrder":188},{"sectionNumber":"189","sectionType":"section","heading":"Warrants generally","content":"189 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n\nSearch warrants Division 12.3\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n","sortOrder":189},{"sectionNumber":"190","sectionType":"section","heading":"Warrants—application other than in person","content":"190 Warrants—application other than in person\n(1) An authorised person may apply for a warrant by phone, email, letter\nor other form of communication if the authorised person considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately give a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to give a written copy of the warrant to the\n(a) the magistrate must tell the authorised person—\n(i) what the terms of the warrant are; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant (the\nwarrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the terms of the warrant.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents mentioned in subsection (7), the\nmagistrate must attach them to the warrant.\n(9) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) a question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":190},{"sectionNumber":"191","sectionType":"section","heading":"Search warrants—announcement before entry","content":"191 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemselves to the person.\n\nSearch warrants Division 12.3\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting an authorised person); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":191},{"sectionNumber":"192","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"192 Details of search warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of—\n(i) the warrant; or\n(ii) if section 190 (5) applies—the completed warrant form;\nand\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":192},{"sectionNumber":"193","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"193 Occupier entitled to be present during search etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":193},{"sectionNumber":"194","sectionType":"section","heading":"Receipt for things seized","content":"194 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised person\nunder this part, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously\nat the place of seizure under section 184 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":194},{"sectionNumber":"195","sectionType":"section","heading":"Moving things to another place for inspection,","content":"195 Moving things to another place for inspection,\nprocessing or testing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for inspection, processing or testing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\nReturn and forfeiture of things seized Division 12.4\n(ii) it is significantly more practicable to do so considering the\ntimeliness and cost of inspection, processing or testing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for inspection, processing\nor testing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be inspected, processed or tested within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the inspection, processing or testing will be\ncarried out; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the inspection, processing or testing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":195},{"sectionNumber":"196","sectionType":"section","heading":"Access to things seized","content":"196 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) take images or other recordings of the thing; and\n\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":196},{"sectionNumber":"197","sectionType":"section","heading":"Return of things seized","content":"197 Return of things seized\nA thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section; or\n\nLimits on powers of authorised people Division 12.5\n(ii) the Magistrates Court does not find the offence proved.\n","sortOrder":197},{"sectionNumber":"198","sectionType":"section","heading":"Forfeiture of things seized","content":"198 Forfeiture of things seized\n(1) This section applies if—\n(a) a thing seized under this part is not required to be returned, or\nreasonable compensation is not required to be paid, under\nsection 197; or\n(b) the director-general is satisfied that—\n(i) the owner of a seized thing cannot be found after making\nreasonable inquiries (given the thing’s apparent value); or\n(ii) a seized thing cannot be returned to its owner after making\nreasonable efforts (given the thing’s apparent value).\n(2) The thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":198},{"sectionNumber":"Div 12","sectionType":"division","heading":"5 Limits on powers of authorised","content":"Division 12.5 Limits on powers of authorised\n","sortOrder":199},{"sectionNumber":"199","sectionType":"section","heading":"Authorised people—treatment of people","content":"199 Authorised people—treatment of people\n(1) An authorised person must not do either of the following unless\nexpressly authorised by an emergency declaration or a biosecurity\ndirection:\n(a) inspect a person;\n(b) require a treatment measure to be carried out in relation to a\n\n(2) An authorised person must not require a person—\n(a) to submit to testing; or\n(b) to provide a sample of their blood, hair, saliva or any other body\npart or body fluid.\n","sortOrder":200},{"sectionNumber":"200","sectionType":"section","heading":"Authorised people—restricting movement of people","content":"200 Authorised people—restricting movement of people\n(1) An authorised person must not prohibit, regulate or control the\nmovement of a person unless expressly authorised by—\n(b) a biosecurity direction.\n(2) However, subsection (1) does not prevent an authorised person from\ndoing anything in relation to any biosecurity matter, premises, area,\nactivity or other thing that has an impact on the movement of a person\nbut is not done for the purpose of restricting the movement of the\nExample\nAn authorised person constructs a fence on premises to isolate particular animals\nfrom other animals. This may have an impact on the movement of a person but is\nnot done for that purpose.\n","sortOrder":201},{"sectionNumber":"201","sectionType":"section","heading":"Authorised people—destruction of things","content":"201 Authorised people—destruction of things\n(1) An authorised person may destroy a thing under this Act if—\n(a) it is, or the authorised person reasonably suspects it is,\nprohibited biosecurity matter; or\n(b) it is, or the authorised person reasonably suspects it is, a carrier\nof prohibited biosecurity matter; or\n(c) it is, or the authorised person reasonably suspects it is, a declared\npest; or\n\nLimits on powers of authorised people Division 12.5\n(i) it is, or the authorised person reasonably suspects it is,\ninfected with, infested with or carrying biosecurity matter\nthat poses a biosecurity risk;\n(ii) the authorised person is satisfied that there is no reasonably\npracticable and available—\n(A) treatment measure that could eliminate or minimise\nthe biosecurity risk posed by the biosecurity matter;\nor\n(B) way to determine or confirm whether the thing is\ninfected with, infested with or carrying the\n(e) the destruction is expressly authorised or required by—\n(ii) a control declaration; or\n(iii) a biosecurity direction given in an emergency.\n(2) This section does not apply to the destruction of a thing that has been\nforfeited to the Territory.\n","sortOrder":202},{"sectionNumber":"202","sectionType":"section","heading":"Authorised people—notice of proposed destruction","content":"202 Authorised people—notice of proposed destruction\n(1) An authorised person must not destroy anything in the exercise of a\nfunction under this Act unless, before destroying the thing, the\n(a) gives written notice of the proposed destruction to the owner or\nperson in charge of the thing; or\n(b) is satisfied that the owner or person in charge of the thing has\nalready been given written notice of the proposed destruction.\n(2) The notice must be given at least 24 hours before the thing is\ndestroyed.\n\n(3) Subsection (1) does not apply if—\n(a) the destruction of the thing is authorised, or required, to be\ncarried out immediately or without notice under—\n(ii) a control declaration; or\n(b) there appears to be no-one immediately in control of the thing,\nand the owner or person in charge cannot be found after\nreasonable inquiry; or\n(c) the authorised person reasonably believes that the thing must be\ndestroyed without delay in order to manage an immediate and\nsignificant biosecurity risk posed by the thing, and it is not\npracticable to give notice before the thing is destroyed; or\n(d) in the case of an animal, the authorised person reasonably\nbelieves that delaying the destruction of the animal will cause\nunreasonable and unjustifiable pain or suffering to the animal;\nor\n(e) the authorised person considers that, in the circumstances, the\ndestruction must be carried out without delay or prior notice to\nthe owner or person in charge.\n(4) This section does not apply to the destruction of a thing that has been\nforfeited to the Territory.\n","sortOrder":203},{"sectionNumber":"203","sectionType":"section","heading":"Authorised people—nature conservation and heritage","content":"203 Authorised people—nature conservation and heritage\n(1) An authorised person must not, under this Act, destroy any of the\n(a) a native animal, native fish or native plant;\n\nMiscellaneous Division 12.6\ngeological interest in a reserve;\n(e) a heritage place or object.\n(2) This section does not apply to the destruction of a thing if the\ndestruction is expressly authorised or required by—\n(b) a control declaration.\nDivision 12.6 Miscellaneous\n","sortOrder":204},{"sectionNumber":"204","sectionType":"section","heading":"Damage etc to be minimised","content":"204 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n\n","sortOrder":205},{"sectionNumber":"204A","sectionType":"section","heading":"Time for beginning prosecution for certain offences","content":"204A Time for beginning prosecution for certain offences\n(1) This section applies to an offence against the following provisions:\n(a) section 27 (1);\n(b) section 31 (1);\n(c) section 34 (1);\n(d) section 36 (1).\n(2) A prosecution for the offence must be begun not later than 2 years\nafter the day the offence is committed.\n","sortOrder":206},{"sectionNumber":"205","sectionType":"section","heading":"Evidence of analysts","content":"205 Evidence of analysts\n(1) A certificate of an analyst certifying the result of an analysis or\nexamination is admissible in a proceeding and is evidence of—\n(a) the facts stated in the certificate; and\n(b) the correctness of the result of the analysis or examination.\n(2) A certificate of an analyst certifying that, on receipt of a container\nholding a sample submitted to the analyst under this Act, the container\nwas sealed and the seal securing the container was unbroken, is\nadmissible in a proceeding and is evidence—\n(a) of the facts stated in the certificate; and\n(b) that the sample—\n(i) was the same sample as the one submitted to the analyst\nunder this Act; and\n(ii) had not been tampered with after sealing.\n\nCourt proceedings generally Division 13.1\n(3) A document purporting to be a certificate under this section is taken\nto be a certificate under this section unless the contrary is proved.\n","sortOrder":207},{"sectionNumber":"206","sectionType":"section","heading":"Injunctions to restrain contravention of requirements","content":"206 Injunctions to restrain contravention of requirements\n(1) This section applies if a person (the relevant person) has engaged, is\nengaging, or proposes to engage, in conduct contravening a\nrequirement under this Act.\n(2) The director-general or anyone else may apply to the Supreme Court\nfor an injunction.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction—\n(a) restraining the relevant person from engaging in the conduct;\nand\n(b) if satisfied that it is desirable to do so—requiring the relevant\nperson to do anything.\n(4) The Supreme Court may grant an injunction restraining a relevant\nperson from engaging in conduct of a particular kind—\n(a) if satisfied that the person has engaged in conduct of that kind,\nwhether or not it appears to the court that the person intends to\nengage again, or to continue to engage, in conduct of that kind;\nor\n(b) if it appears to the court that, if an injunction is not granted, it is\nlikely the person will engage in conduct of that kind, whether or\nnot the person has previously engaged in conduct of that kind\nand whether or not there is an likely to happen danger of\nsubstantial damage to someone else if the person engages in\nconduct of that kind.\n(5) This section applies whether or not a proceeding for an offence\nagainst this Act has begun or is about to begin.\n\n","sortOrder":208},{"sectionNumber":"207","sectionType":"section","heading":"Recovery of costs, expenses and compensation after","content":"207 Recovery of costs, expenses and compensation after\noffence proved\n(1) Subsection (2) applies if, after a court convicts a person or finds a\nperson guilty of an offence against this Act, the Territory incurs costs\nand expenses related to—\n(a) managing a biosecurity risk or biosecurity impact caused by the\ncommission of the offence; or\n(b) making good any resulting biosecurity impact.\n(2) The director-general may recover from the person the amount of the\ncosts and expenses incurred.\n(3) Subsection (4) applies if, after a court convicts a person or finds a\nperson guilty of an offence against this Act, another person\n(the injured person)—\n(a) suffers property loss or damage because of the commission of\nthe offence; or\n(b) incurs costs and expenses in managing the loss or damage\n(or attempting to do so).\n(4) The injured person may recover from the person the amount of the\nloss or damage or costs and expenses incurred.\n","sortOrder":209},{"sectionNumber":"208","sectionType":"section","heading":"Orders—generally","content":"208 Orders—generally\nagainst this Act, the court may make 1 or more orders under this part\nagainst the person.\n\nCourt orders Division 13.2\n(2) An order may be made under this part in addition to any penalty that\nmay be imposed, or any other action that may be taken in relation to\nthe offence.\n(3) An order may be made under this part regardless of whether any\npenalty is imposed, or other action is taken, in relation to the offence.\n","sortOrder":210},{"sectionNumber":"209","sectionType":"section","heading":"Orders for restoration and prevention","content":"209 Orders for restoration and prevention\nagainst this Act, the court may order the person to take the steps stated\nin the order, within the time stated in the order (or any further time\nthat the court, on application, may allow)—\n(a) to manage any biosecurity impact caused by the commission of\nthe offence; or\n(b) to make good any resulting biosecurity impact; or\n(c) to prevent the continuation or recurrence of the offence.\n","sortOrder":211},{"sectionNumber":"210","sectionType":"section","heading":"Prohibition orders","content":"210 Prohibition orders\nagainst this Act, the court may do 1 or more of the following:\n(a) order the person not to deal with any stated biosecurity matter\nor carrier, or not to engage in any stated dealing with stated\n(b) cancel, suspend or amend any of the following authorisations\nheld by the person:\n(i) biosecurity registration;\n\n(ii) a biosecurity permit;\n(iii) approval as a biosecurity certifier;\n(iv) approval as a biosecurity auditor;\n(v) approval as a certifier authority;\n(vi) approval as an auditor authority;\n(c) disqualify the person from applying for an authorisation\nmentioned in paragraph (b);\n(d) extend any biosecurity undertaking given by the person.\n(2) The court may fix a period during which the order applies and impose\nany other requirements the court considers necessary or convenient\nfor enforcement of the order.\n","sortOrder":212},{"sectionNumber":"211","sectionType":"section","heading":"Publication orders","content":"211 Publication orders\nagainst this Act, the court may order the person to take stated action\nto publicise 1 or more of the following:\n(a) the offence, including the circumstances of the offence;\n(b) the biosecurity impact of the offence;\n(c) any other consequence and any other order made against the\n(2) The court may fix a period for compliance and impose any other\nrequirement that the court considers necessary or convenient for\nenforcement of the order.\n\nCourt orders Division 13.2\nMaximum penalty: 100 penalty units.\n(4) If a person fails to comply with an order under subsection (1), the\ndirector-general may take action to carry out the order.\n(5) The director-general may recover from the person the reasonable\ncosts of taking action under this section.\n","sortOrder":213},{"sectionNumber":"212","sectionType":"section","heading":"Orders to undertake training or other projects","content":"212 Orders to undertake training or other projects\nagainst this Act, the court may order the person to do 1 or more of the\n(a) attend, or cause an employee or contractor of the person to\nattend, a training or other course stated by the court;\n(b) carry out, or contribute a stated amount to the cost of carrying\nout, a stated project that will promote the objects of this Act.\n(2) The court may fix a period for compliance and impose any other\nrequirements that the court considers necessary or convenient for\nenforcement of the order.\nMaximum penalty: 100 penalty units.\n\nNote Additional compensation may be payable under a national biosecurity\nagreement.\n","sortOrder":214},{"sectionNumber":"213","sectionType":"section","heading":"Meaning of emergency biosecurity matter—pt 14","content":"213 Meaning of emergency biosecurity matter—pt 14\nemergency biosecurity matter means biosecurity matter that is the\nsubject of an emergency declaration.\n","sortOrder":215},{"sectionNumber":"214","sectionType":"section","heading":"Compensation payable to owners of animals, plants and","content":"214 Compensation payable to owners of animals, plants and\nproperty\nCompensation is payable under this part to the owner of—\n(a) an animal, plant or property that has been destroyed in\naccordance with an emergency declaration; and\n(b) an animal or plant if the director-general is satisfied that—\n(i) the animal or plant has died because of emergency\nbiosecurity matter; and\n(ii) there has been no unreasonable delay in reporting the death\nof the animal or plant; and\n(iii) the destruction of the animal or plant would have been\nrequired under this Act had the animal or plant not died.\n","sortOrder":216},{"sectionNumber":"215","sectionType":"section","heading":"Amount of compensation payable","content":"215 Amount of compensation payable\n(1) Unless the director-general and the owner of the animal, plant or\nproperty agree otherwise, the amount of compensation payable under\nsection 214 is—\n(a) the market value of the animal, plant or property—\n(i) for an animal, plant or property mentioned in\nsection 214 (a)—immediately before it was destroyed; or\n\nCompensation Part 14\n(ii) for an animal or plant mentioned in section 214 (b)—\nimmediately before the director-general was notified that it\nwas affected by, or died because of, emergency biosecurity\nmatter; and\n(b) any additional amount prescribed by regulation.\n(2) The method for assessing the market value of an animal, plant or\nproperty—\n(a) must consider the animal, plant or property as if it were not\naffected by the emergency biosecurity matter; and\n(b) may be prescribed by regulation.\n","sortOrder":217},{"sectionNumber":"216","sectionType":"section","heading":"Other losses excluded","content":"216 Other losses excluded\nNo compensation is payable under this part for any loss of profit, loss\ncaused by breach of contract, loss of production or any other\nconsequential loss.\n","sortOrder":218},{"sectionNumber":"217","sectionType":"section","heading":"Time limit for claims","content":"217 Time limit for claims\nA claim for compensation under this part must be made, in writing,\nto the director-general within 90 days after the destruction or death of\nthe animal, plant or property, or any longer period decided by the\ndirector-general.\n","sortOrder":219},{"sectionNumber":"218","sectionType":"section","heading":"Grounds for refusing or reducing claim","content":"218 Grounds for refusing or reducing claim\n(1) The director-general may direct, in writing, that all or part of any\ncompensation payable under this part, not be paid if the\ndirector-general is satisfied that—\n(a) the owner of the animal, plant or property has committed an\noffence in the ACT or elsewhere in Australia and the conduct\nconstituting the offence has caused or contributed to—\n(i) the spread of the emergency biosecurity matter; or\n\n(ii) the destruction or death of an animal, plant or property for\nwhich the claim for compensation is made; or\n(b) the owner of the animal, plant or property is indemnified for the\nloss caused by the death or destruction under a contract of\ninsurance; or\n(c) the emergency biosecurity matter was, immediately before the\nemergency declaration, kept at premises where the animal, plant\nor property was located before its death or destruction in\ncontravention of a requirement imposed under this Act; or\n(d) the owner of the animal, plant or property has made a claim for\ncompensation that is false or misleading in a material particular;\nor\n(e) the animal, plant or property was required to be destroyed under\na control declaration, biosecurity direction or other instrument\nmade under this Act (other than an emergency declaration).\n(2) The director-general may direct that compensation otherwise payable\nunder this part, not be paid in any other circumstances prescribed by\nregulation.\n","sortOrder":220},{"sectionNumber":"219","sectionType":"section","heading":"Power to correct decision and require repayment","content":"219 Power to correct decision and require repayment\n(1) If the director-general decides a claim, and is later satisfied that the\ndecision is incorrect, the director-general may amend or reverse the\ndecision.\n(2) A decision cannot be amended or reversed under this section more\nthan 5 years after it is made.\n(3) Subsection (2) does not apply to a decision that was made on the basis\nof false or misleading information provided by a claimant or a person\non behalf of the claimant.\n\nCompensation Part 14\n(4) If the director-general amends or reverses a decision, the\ndirector-general may, in writing, direct the claimant to repay an\namount of compensation paid under this part.\n\nPart 15 Notification and review of decisions\nPart 15 Notification and review of\ndecisions\n220 Meaning of reviewable decision—pt 15\nreviewable decision means a decision mentioned in Schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":221},{"sectionNumber":"221","sectionType":"section","heading":"Reviewable decision notices","content":"221 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice to each person mentioned in\nschedule 1, column 4 in relation to the decision.\nNote 1 The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":222},{"sectionNumber":"222","sectionType":"section","heading":"Applications for review","content":"222 Applications for review\nThe following people may apply to the ACAT for a review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n\nInformation sharing Part 15A\n","sortOrder":223},{"sectionNumber":"222A","sectionType":"section","heading":"Information sharing entities may give information to","content":"222A Information sharing entities may give information to\ndirector-general etc\n(1) An information sharing entity may give protected information to the\ndirector-general or an authorised person if the entity is satisfied on\nreasonable grounds that the information is necessary for the exercise\nof the director-general’s or authorised person’s functions under\nNote 1 An authorised person may require a person to give the authorised person\ninformation (see s 179).\nNote 2 The director-general may disclose to another entity information disclosed\nto, or obtained by, the director-general in the exercise of a function under\nthis Act (see s 223).\n(2) However, the information sharing entity must not disclose sensitive\ninformation or personal health information under this section.\nbiosecurity-related Act means any of the following Acts:\n(a) the Animal Welfare Act 1992;\n(b) the Domestic Animals Act 2000;\n(c) the Environment Protection Act 1997;\n(d) the Fisheries Act 2000;\n(e) the Nature Conservation Act 2014;\n(f) the Stock Act 2005;\n(g) the Urban Forest Act 2023.\n\ninformation sharing entity means any of the following:\n(a) an authorised officer under either of the following Acts:\n(i) the Animal Welfare Act 1992;\n(ii) the Environment Protection Act 1997;\n(b) an authorised person under any of the following Acts:\n(i) the Domestic Animals Act 2000;\n(ii) the Fisheries Act 2000;\n(iii) the Stock Act 2005;\n(iv) the Urban Forest Act 2023;\n(c) a conservation officer under the Nature Conservation Act 2014;\n(d) an inspector under the Animal Welfare Act 1992;\n(e) a director-general responsible for a biosecurity-related Act;\n(f) a veterinary practitioner exercising a function, or carrying out a\nprocedure, under a biosecurity-related Act;\n(g) any other entity prescribed by regulation.\nExamples—par (f)\n• Animal Welfare Act 1992, s 84A, s 86 and s 86D\n• Domestic Animals Act 2000, s 115\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\nprotected information means information about a person that is given\nto, or obtained by, an information sharing entity in the exercise of the\nentity’s functions under a biosecurity-related Act.\nsensitive information—see the Information Privacy Act 2014,\nsection 14.\n\nInformation sharing Part 15A\n","sortOrder":224},{"sectionNumber":"223","sectionType":"section","heading":"Disclosure of information—director-general","content":"223 Disclosure of information—director-general\nThe director-general may disclose to another entity any information\nthat has been disclosed to, or obtained by, the director-general in the\nexercise of a function under this Act if satisfied that—\n(a) the information is necessary for the entity to exercise a function\nrelating to managing a biosecurity risk; and\n(b) the disclosure of the information to the entity is appropriate.\n","sortOrder":225},{"sectionNumber":"224","sectionType":"section","heading":"Disclosure of information—certifier and auditor","content":"224 Disclosure of information—certifier and auditor\nA certifier authority or auditor authority may disclose to the\ndirector-general any information that has been disclosed to, or\nobtained by, the authority in the exercise of a function under this Act.\n\n","sortOrder":226},{"sectionNumber":"225","sectionType":"section","heading":"Protection of officials from liability","content":"225 Protection of officials from liability\n(1) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\nofficial means—\n(a) the director-general; or\n(b) an authorised person; or\n(c) a person exercising a function under this Act.\n","sortOrder":227},{"sectionNumber":"226","sectionType":"section","heading":"Protection of others from liability","content":"226 Protection of others from liability\n(1) Civil or criminal liability is not incurred only because of any of the\nfollowing done honestly and without recklessness:\n(a) giving the director-general information about a biosecurity\nevent, biosecurity risk or biosecurity impact;\n(b) giving the director-general other information about biosecurity\nmatter or a carrier, or any dealing with biosecurity matter or a\n(2) Also, giving any information about biosecurity matter or a carrier\nhonestly and without recklessness to the director-general is not—\n(a) a breach of confidence; or\n\n(b) a breach of professional etiquette or ethics; or\n(c) a breach of a rule of professional conduct.\n","sortOrder":228},{"sectionNumber":"227","sectionType":"section","heading":"Criminal liability of executive officers","content":"227 Criminal liability of executive officers\n(1) An executive officer of a corporation is taken to commit an offence\nif—\n(a) the corporation commits an offence against this Act (a relevant\noffence); and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) Subsection (1) does not apply if the corporation has a defence to a\nprosecution for the relevant offence.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nexecutive officer, of a corporation—\n(a) means a person, however described, who is concerned with, or\ntakes part in, the corporation’s management; and\n(b) includes a director of the corporation.\n","sortOrder":229},{"sectionNumber":"228","sectionType":"section","heading":"Meaning of influential person for a corporation","content":"228 Meaning of influential person for a corporation\ninfluential person, for a corporation, means—\n(a) an executive officer of the corporation; or\n(b) a person who may exercise a relevant power in relation to the\ncorporation; or\n(c) a related corporation; or\n(d) an executive officer of a related corporation.\n\nexecutive officer, of a corporation—see section 227 (6).\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power to—\n(a) take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) elect or appoint a person as an executive officer in the\ncorporation; or\n(c) significantly influence the conduct of the corporation.\n","sortOrder":230},{"sectionNumber":"229","sectionType":"section","heading":"Appointment of analysts","content":"229 Appointment of analysts\n(1) The director-general may appoint a person as an analyst for this Act.\n(2) However, the director-general must not appoint a person as an analyst\nunless satisfied the person has the qualifications and experience\nnecessary to exercise the functions of an analyst.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":231},{"sectionNumber":"230","sectionType":"section","heading":"Cruelty to animals not authorised","content":"230 Cruelty to animals not authorised\nNothing in this Act authorises a contravention of the Animal Welfare\nAct 1992.\n","sortOrder":232},{"sectionNumber":"231","sectionType":"section","heading":"Limit on certain powers in relation to humans and","content":"231 Limit on certain powers in relation to humans and\nresidential premises\n(1) For the following provisions, carrier does not include a human:\n(a) section 42 (2) (k) (Emergency declarations—scope of\nemergency measures);\n(b) section 55 (2) (k) (Control declarations—scope of emergency\nmeasures);\n\n(c) section 148 (k) (Biosecurity directions—scope of directions);\n(d) section 176 (1) (k) (General powers on entry to premises);\n(e) section 234 (2) (b) and (d) (Regulation-making power).\n(2) None of the following provisions authorise the installation or use of\na device in a part of premises that is being used only for residential\npurposes without the consent of the occupier of the premises:\n(a) section 42 (2) (l);\n(b) section 55 (2) (l);\n(c) section 148 (l);\n(d) section 176 (1) (l).\n","sortOrder":233},{"sectionNumber":"232","sectionType":"section","heading":"Minister may exempt people, biosecurity matter, etc","content":"232 Minister may exempt people, biosecurity matter, etc\n(1) The Minister may declare that this Act, or a provision of this Act,\ndoes not apply to a stated person, biosecurity matter, carrier, premises\nor other thing.\n(2) A declaration is a disallowable instrument.\n","sortOrder":234},{"sectionNumber":"232A","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"232A Applying, adopting or incorporating documents in\nregulations and instruments\n(1) A regulation or instrument may apply, adopt or incorporate (with or\nwithout change or modification)—\n(a) a law, an Australian Standard or an Australian/New Zealand\nStandard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply to a document\napplied, adopted or incorporated under subsection (1).\n\n(3) The director-general must ensure that an instrument applied, adopted\nor incorporated under subsection (1) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) An instrument applied, adopted or incorporated under\nsubsection (1) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\nsubsection (3).\n","sortOrder":235},{"sectionNumber":"233","sectionType":"section","heading":"Determination of fees","content":"233 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":236},{"sectionNumber":"234","sectionType":"section","heading":"Regulation-making power","content":"234 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) any matter relating to the management of a biosecurity risk or\nbiosecurity impact;\n(b) the testing, analysis, vaccination, inoculation and other\ntreatment of any biosecurity matter or carrier, including—\n(i) the authorisation of a person to carry out the testing,\nanalysis, vaccination, inoculation or other treatment; and\nor supply of any substance or equipment used for the\ntesting, analysis, vaccination, inoculation or other\ntreatment;\n\n(c) the classification and identification of any premises, biosecurity\nmatter, carrier or other thing;\n(d) the marking, branding, tagging, or attaching of a device or other\nidentifier to any biosecurity matter or carrier whether on a\nvoluntary or mandatory basis;\n(e) the establishment and administration of a register of people,\npremises, biosecurity matter, carriers, dealings or any other\nmatter or other thing for this Act;\n(f) animal food including—\n(i) the amount of a stated ingredient or other thing that may be\nadded to, or contained in, animal food; and\nor supply of animal food;\n(g) fertilisers including—\n(i) the amount of a stated ingredient or other thing that may be\nadded to, or contained in, a fertiliser; and\nor supply of fertilisers.\n(3) A regulation may apply, adopt or incorporate an instrument as in force\nfrom time to time.\nNote The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(4) A regulation may create offences and fix maximum penalties of not\nmore than 50 penalty units for the offences.\n\nTransitional Part 16A\n","sortOrder":237},{"sectionNumber":"234A","sectionType":"section","heading":"Meaning of commencement day—pt 16A","content":"234A Meaning of commencement day—pt 16A\ncommencement day means the day section 3 commences.\n","sortOrder":238},{"sectionNumber":"234B","sectionType":"section","heading":"Beekeepers registered under repealed Act","content":"234B Beekeepers registered under repealed Act\n(1) This section applies to a beekeeper registered under the repealed Act,\npart 5A as in force immediately before the commencement day.\n(2) The registration continues in force under the repealed Act, and\nthat Act, part 5A continues to apply in relation to the registration.\n(3) The beekeeper’s registration ends on the earlier of the following:\n(a) 3 years after the day the registration was approved;\n(b) the day the beekeeper’s biosecurity registration in relation to\nbeekeeping is approved.\nrepealed Act means the Animal Diseases Act 2005.\n","sortOrder":239},{"sectionNumber":"234C","sectionType":"section","heading":"Authorised people and inspectors under repealed Acts","content":"234C Authorised people and inspectors under repealed Acts\n(1) This section applies to a person—\n(a) appointed as an authorised person or inspector under a repealed\nappointment provision; and\n(b) who was an authorised person or inspector immediately before\nthe commencement day.\n(2) The person is taken to be appointed as an authorised person under\nthis Act, section 168 and the appointment continues in force until the\nend of the term of the appointment under the repealed appointment\nprovision unless ended earlier.\n\n(3) The following are taken to be statutory instruments made under\nthis Act, section 168:\n• Animal Diseases (Authorised People) Appointment 2023 (No 1)\n(NI2023-593)\n• Pest Plants and Animals (Authorised People) Appointment 2023\n(No 1) (NI2023-595)\n• Plant Diseases (Inspectors) Appointment 2023 (No 1)\n(NI2023-596).\nrepealed appointment provision means any of the following\nprovisions:\n(a) the Animal Diseases Act 2005, section 64;\n(b) the Pest Plants and Animals Act 2005, section 30;\n(c) the Plant Diseases Act 2002, section 19.\n","sortOrder":240},{"sectionNumber":"234D","sectionType":"section","heading":"Transitional regulations","content":"234D Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of this Act.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act or another territory law.\nNote A transitional provision under s (1) continues to have effect after its\nrepeal, however, a modification under s (2) has no ongoing effect after its\nrepeal (see Legislation Act, s 88).\n\nTransitional Part 16A\n","sortOrder":241},{"sectionNumber":"234E","sectionType":"section","heading":"Expiry—pt 16A","content":"234E Expiry—pt 16A\nThis part expires 3 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nPart 16B Transitional—Environment Legislation Amendment Act 2025\nPart 16B Transitional—Environment\nLegislation Amendment Act 2025\n234F Meaning of commencement day—pt 16B\ncommencement day means the day the Environment Legislation\nAmendment Act 2025, section 4 commences.\n","sortOrder":242},{"sectionNumber":"234G","sectionType":"section","heading":"Applied, adopted or incorporated instruments","content":"234G Applied, adopted or incorporated instruments\n(1) This section applies to a law, an Australian Standard or another\ninstrument that, before the commencement day, was applied, adopted\nor incorporated (an applied instrument) by—\n(a) the Biosecurity (National Livestock Identification System)\nRegulation 2025; or\n(b) the Biosecurity Regulation 2025; or\n(c) a statutory instrument made under the Biosecurity (National\nLivestock Identification System) Regulation 2025; or\n(d) a statutory instrument made under the Biosecurity\nRegulation 2025.\n(2) The applied instrument is taken to have been applied, adopted or\nincorporated under section 232A.\n","sortOrder":243},{"sectionNumber":"234H","sectionType":"section","heading":"Expiry—pt 16B","content":"234H Expiry—pt 16B\nThis part expires 1 year after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nReviewable decisions Schedule 1\n","sortOrder":244},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 15)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 67 refuse permit applicant\n2 67 refuse renewal of permit permit-holder\n3 70 amend permit permit-holder\n4 71 impose condition on permit permit-holder\n5 75 suspend permit permit-holder\n6 78 cancel permit permit-holder\n7 95 refuse registration applicant\n8 95 refuse renewal of registration registered person\n9 98 amend registration registered person\n10 99 impose condition on registration registered person\n11 102 suspend registration registered person\n12 105 cancel registration registered person\n13 123 give non-compliance notice interstate entity with\nrecognised approval\n14 131 refuse approval applicant\n15 131 refuse to renew approval approval-holder\n16 135 amend approval approval-holder\n17 136 impose condition on approval approval-holder\n18 140 suspend approval approval-holder\n19 143 cancel approval approval-holder\n20 147 give a biosecurity direction,\nother than a biosecurity\ndirection given in an emergency\nperson directed\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• director-general (see s 163)\n• individual\n• person (see s 160)\n• police officer\n• public notice\n• the Territory\n• veterinary practitioner.\nanalyst means a person appointed as an analyst under section 229.\nanimal means any of the following, whether alive or dead:\n(a) a member of the animal kingdom, other than a human, including\nan amphibian, bird, crustacean, fish, insect, mammal, mollusc,\nreptile and any other vertebrate or invertebrate member of the\nanimal kingdom;\n(b) an embryo, egg, sperm or any other reproductive material of a\nmember of the animal kingdom other than a human.\nanimal product includes—\n(a) the hide, skin, hair, wool, feather, shell, horn, scale, fin, hoof,\nviscera, offal or any other part of an animal; and\n(b) meat, fat, eggs, honey, milk, whey, cream, butter, cheese or any\nother primary produce derived from an animal; and\n(c) the urine, faeces, bone or blood of an animal, or any substance\nderived from the urine, faeces, bone or blood of an animal; and\n(d) any secretion or excretion of an animal; and\n\n(e) any product or biological preparation prepared, or derived, from\nany tissue, secretion, excretion or other part of an animal; and\n(f) any other material of animal origin prescribed by regulation.\napproval decision notice—see section 131 (3).\napproval-holder—see section 120.\nassess includes investigate.\nauditor authority—see section 120.\naudit report—see section 117 (1).\nauthorisation-holder—see section 114.\nauthorised person means an authorised person mentioned in\nsection 168.\nbiosecurity audit—see section 115 (1).\nbiosecurity auditor—see section 120.\nbiosecurity certificate—see section 110 (1).\nbiosecurity certifier—see section 120.\nbiosecurity direction—see section 146 (1).\nbiosecurity event—see section 25.\nbiosecurity impact—see section 12 (1).\nbiosecurity matter—see section 8 (1).\nbiosecurity permit—see section 62.\nbiosecurity registration—see section 89.\nbiosecurity risk—see section 13.\nbiosecurity undertaking—see section 158 (1).\ncarrier—see section 9.\ncertifier authority—see section 120.\n\ncommunity includes the community of the ACT, of areas surrounding\nthe ACT, and of Australia as a whole.\nconnected, for part 12 (Enforcement—authorised people)—see\ncontaminant means a non-living thing that—\n(a) occurs in or on other biosecurity matter or a carrier; or\n(b) may be ingested or absorbed by another biosecurity matter or a\ncontrol declaration—see section 51 (1).\ncontrol measures, for a control declaration, for part 4 (Biosecurity\ncontrol declarations)—see section 51 (2) (b).\ncontrol zone, for a control declaration—see section 51 (2) (c).\ncorresponding biosecurity law—\n(a) means a law of the Commonwealth, a State or another Territory\nthat corresponds, or substantially corresponds, to this Act; and\n(b) includes a law prescribed by regulation.\ndeal, with biosecurity matter or a carrier—see section 10.\ndeclared pest—see section 11 (2).\ndisease includes—\n(a) an infection or infestation of an organism resulting in, or having\nthe potential to result in, an abnormal, pathological or unhealthy\ncondition caused by a known or unknown disease agent or pest;\nor\n(b) a syndrome, or a clinically identifiable set of signs or symptoms\nin an organism, for which the cause is known or unknown; or\n(c) anything else prescribed by regulation.\ndisease agent includes a prion, virus, microorganism, infectious agent\nand parasite.\n\neconomy includes the economy of the ACT, of areas surrounding the\nACT, and of Australia as a whole.\nemergency biosecurity matter, for part 14 (Compensation)—see\nsection 213.\nemergency declaration—see section 38 (1).\nemergency measures, for an emergency declaration—see\nsection 38 (2) (b).\nemergency zone, for an emergency declaration—see\nsection 38 (2) (c).\nenvironment includes the environment of the ACT, of areas\nsurrounding the ACT, and of Australia as a whole.\nexternal treatment measure, for a person, means a treatment that—\n(a) is limited to the external parts of the person’s body; and\n(b) does not require—\n(i) anything to penetrate the person’s skin; or\n(ii) the person to ingest anything.\ngeneral biosecurity duty—see section 22.\ngroup exemption, for part 5 (Biosecurity permits and group\nexemptions)—see section 83 (1).\nheritage place or object means a place or object registered, or\nnominated for provisional registration, under the Heritage Act 2004.\ninfluential person, for a corporation—see section 228 (1).\ninfrastructure, in a reserve—see the Nature Conservation Act 2014,\nsection 222 (7).\ninterfere with an item, includes damage or destroy the item.\ninterstate biosecurity certificate, for part 7 (Biosecurity\ncertificates)—see section 111 (1).\n\nmanage, a biosecurity risk or biosecurity impact, includes assess,\nprevent, eliminate, minimise and control the risk or impact.\nmove includes transport and distribute.\nnative animal—see the Nature Conservation Act 2014, section 12.\nnative plant—see the Nature Conservation Act 2014, section 14.\nnotifiable biosecurity matter, for division 2.4 (Notifying presence of\nnotifiable biosecurity matter)—see section 29 (1).\noccupier, of premises, for part 12 (Enforcement—authorised\npeople)—see section 167.\noffence, for part 12 (Enforcement—authorised people)—see\npermit decision notice, for division 5.1 (Biosecurity permits)—see\nsection 67 (4).\npermit-holder—see section 62.\npest—see section 11 (1).\nplant includes any member of the Plantae, Fungi or Protista\nkingdoms, whether whole or in part and whether alive or dead.\nplant product includes dried plant material or timber.\npossession, of a thing, includes having care, custody or control of the\nthing.\npremises includes—\n(a) any land, whether built on or not; and\n(b) any building, structure or vehicle; and\n(c) any public place or private place.\nprohibited biosecurity matter—see section 33 (1).\nprohibited dealing—see section 35 (1).\nproperty-specific emergency declaration—see section 38 (4).\n\nreasonable steps, to manage a biosecurity risk—see section 21.\nregistered person means a person registered under part 6 (Biosecurity\nregistration) to engage in a regulated dealing.\nregistration decision notice, for part 6 (Biosecurity registration)—\nsee section 95 (4).\nregulated dealing—see section 88.\nreserve—see the Nature Conservation Act 2014, section 169 (1).\nresidential premises means any part of premises that is used only for\nresidential purposes.\nreviewable decision, for part 15 (Notification and review of\ndecisions)—see section 220.\nspecific biosecurity requirement—see section 23 (1).\nsupply includes sell.\ntreatment measure—\n(a) means a treatment, or process, used to manage a biosecurity risk\nor biosecurity impact; and\n(b) includes—\n(i) a process or measure to treat, clean, fumigate, irradiate,\ndisinfect, medicate or vaccinate; and\n(ii) destruction of any biosecurity matter or other thing.\nvehicle means a conveyance of any kind, however propelled, and\nwhether or not capable of being moved or operated and includes—\n(a) a caravan, trailer, truck, train and any other land vehicle; and\n(b) a vessel; and\n(c) an aeroplane, helicopter, hot air balloon, drone and any other\naircraft.\n\nvessel includes—\n(a) a ship, boat, hovercraft, ferry, raft and any other water craft; and\n(b) a pontoon, floating pier and any other floating structure.\nwarrant, for part 12 (Enforcement—authorised people)—see\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":245},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nBiosecurity Act 2023 A2023-50\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nremainder commenced 15 May 2025 (s 2 (2))\nas amended by\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 1 pt 1.1,\nsch 2 pt 2.2, sch 3 pt 3.3\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 1 pt 1.1, sch 2 pt 2.2, sch 3 pt 3.3 commenced 15 May 2025\n(s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.9\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.9 commenced 16 November 2025 (s 2 (1))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 2\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 2 commenced 26 November 2025 (s 2)\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDuty to notify biosecurity event—self-incrimination\ns 28 am A2024-11 amdt 3.7\nOffences—fail to comply with duty to notify presence of notifiable\nbiosecurity matter\ns 31 am A2024-11 amdt 1.1\nDuty to notify presence of notifiable biosecurity matter—self-incrimination\ns 32 am A2024-11 amdt 3.8\nTime for beginning prosecution for certain offences\ns 204A ins A2024-11 amdt 1.2\nInformation sharing\npt 15A hdg ins A2024-11 amdt 1.3\nInformation sharing entities may give information to director-general etc\ns 222A ins A2024-11 amdt 1.3\nDisclosure of information—director-general\ns 223 reloc to pt 15A A2024-11 amdt 1.4\nDisclosure of information—certifier and auditor authorities\ns 224 reloc to pt 15A A2024-11 amdt 1.4\nCriminal liability of executive officers\ns 227 am A2025-29 amdt 3.28\nApplying, adopting or incorporating documents in regulations and\ninstruments\ns 232A ins A2025-28 s 4\nTransitional\npt 16A ins A2024-11 amdt 2.4\nMeaning of commencement day—pt 16A\ns 234A ins A2024-11 amdt 2.4\nBeekeepers registered under repealed Act\ns 234B ins A2024-11 amdt 2.4\nAuthorised people and inspectors under repealed Acts\ns 234C ins A2024-11 amdt 2.4\n\n4 Amendment history\nTransitional regulations\ns 234D ins A2024-11 amdt 2.4\nExpiry—pt 16A\ns 234E ins A2024-11 amdt 2.4\nam A2025-29 amdt 3.29\nTransitional—Environment Legislation Amendment Act 2025\npt 16B hdg ins A2025-28 s 5\nMeaning of commencement day—pt 16B\ns 234F ins A2025-28 s 5\nApplied, adopted or incorporated instruments\ns 234G ins A2025-28 s 5\nExpiry—pt 16B\ns 234H ins A2025-28 s 5\nRepeals\npt 17 om LA s 89 (3)\nLegislation repealed\ns 235 am A2024-11 amdt 2.5\nom LA s 89 (3)\nReviewable decisions\nsch 1 am A2025-28 s 6\ndict am A2024-11 amdt 1.5\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n15 May 2025–\n15 Nov 2025\nA2024-11 new Act and\namendments by\nA2024-11\n16 Nov 2025\n16 Nov 2025–\n25 Nov 2025\nA2025-28 amendments by\nA2025-29","sortOrder":246}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":785},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as a comprehensive biosecurity management framework. The 2024 and 2025 amendments added information sharing provisions (Part 15A), transitional arrangements for existing registrants, and technical provisions for adopting external standards — these are natural elaborations rather than scope expansion. The core framework of duties, declarations, permits, and enforcement remains as originally enacted."},"complexity_factors":["234 sections across 16 Parts plus 2 transitional Parts and a Schedule","Extensive cross-referencing with other ACT legislation (Nature Conservation Act, Animal Welfare Act, etc.)","Multiple overlapping regulatory instruments: permits, registrations, declarations, directions, undertakings, certificates, and group exemptions","Nested conditional logic throughout — e.g., destruction powers depend on reasonable suspicion, emergency status, and consultation requirements","Detailed procedural requirements for administrative decisions (notice periods, submissions, immediate action exceptions)","Significant number of defined terms (80+ in Dictionary) with layered definitions (e.g., 'biosecurity matter' includes 'animal' which includes 'animal product' which has 6 sub-clauses)","Alternative verdicts table with 7 items mapping complex offence hierarchies","Self-incrimination abrogation provisions with carve-outs for false/misleading conduct","Emergency vs non-emergency powers with different thresholds and limitations","Financial assurance conditions with 7 sub-elements for permit conditions"],"plain_english_summary":"The Biosecurity Act 2023 (ACT) creates a single framework to prevent, detect and manage pests, diseases and other biological risks across the territory. It imposes a general biosecurity duty on anyone handling plants, animals or biological material, requires reporting of biosecurity events, and allows the Minister to ban high‑risk material.\n\nIt affects farmers, pet owners, importers, researchers and anyone who might spread threats, and gives authorities powers for emergencies, control orders, inspections, permits and serious penalties, while providing some property and compensation safeguards."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The supplied notes set out a broad, territory‑wide biosecurity regime (definitions s8–s13; duties s20–23; emergency/control powers s38–s51) but do not include any prior‑law text or explanatory comparison. On the basis of the material provided, there is no information to show the Act expanded or narrowed scope relative to an earlier instrument; therefore a change in scope cannot be determined from these notes alone."},"complexity_factors":["Extensive definitions that determine coverage (biosecurity matter s8; carrier s9; deal s10; pest s11) which interact across duties and offences.","Dual duty structure: a broad general biosecurity duty (s22) plus numerous specific requirements and permit/registration regimes, creating layered compliance obligations.","Reasonable‑steps test (s20–21) requires context‑sensitive judgments about practicability, knowledge and proportional cost (including 'grossly disproportionate'), increasing ambiguity in enforcement.","Multiple offence types with mixed fault standards: strict liability summary offences (e.g. s27(1), s31(1), s34(1), s36(1), s49(1)) alongside negligent and intentional offences carrying large fines and imprisonment (s24, s27(2), s31(2), s34(2), s49(2)).","Presumptions and legal burdens (possession presumption s34(4); evidential burdens about notice s49(4)) that shift litigation dynamics.","Broad executive powers to declare emergencies/control zones and impose far‑reaching measures (s38–s46, s51), including overriding other instruments (s47) and limiting interim judicial relief (s50).","Detailed compliance and remedy mechanisms: director‑general entry/remedy/cost recovery (s48), self‑incrimination protections for notifications (s28, s32), and alternative verdicts framework (s37).","Interplay with permits, registrations and approvals and a schedule of reviewable administrative decisions (Schedule 1) creates administrative complexity and appeal pathways.","Transitional and modification powers for regulations (s234D–234H) that can modify the Act or its interactions with other Territory laws, with time‑limited provisions (expiry clauses)."],"plain_english_summary":"This Act creates a Territory-wide biosecurity regime requiring anyone who deals with animals, plants, carriers or related materials to take all reasonable steps to prevent, eliminate or, if not practicable, minimise biosecurity risks. It imposes notification duties for notifiable/prohibited matters, bans specified dealings unless permitted, and gives the Minister emergency and control powers to impose measures. It affects owners, occupiers, handlers, professionals, permit/registration/approval holders and anyone in charge of carriers or premises, with significant penalties for non-compliance."},"issue_detection":{"absurdities":[{"type":"other","section":"Sections 120, 121, 127 and 131","severity":"high","reasoning":"Section 127 permits applications for approval as a biosecurity certifier, biosecurity auditor, certifier authority or auditor authority, and s 131 permits the director-general to approve those applications. However, s 120 defines each status by reference to approval under s 121, not s 131. Section 121 authorises only the approval of an authorised person as a biosecurity certifier or biosecurity auditor; it does not authorise approval of other applicants or approval as a certifier authority or auditor authority. Therefore, approval under ss 127 and 131 does not satisfy the supplied definitions, while s 121 cannot supply the missing authority approvals.","confidence":0.99,"description":"The ordinary approval pathway cannot confer any of the four statuses for which an application may be approved.","source_quotes":["biosecurity certifier means—\n(a) a person approved as a biosecurity certifier by—\n(i) the director-general under section 121; or\n(ii) a certifier authority; or","certifier authority means—\n(a) a person approved as a certifier authority by the director-general\nunder section 121; or","The director-general may, by written notice, approve an authorised\nperson as a biosecurity certifier or biosecurity auditor."]}],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-act-2023","history":"/api/acts/biosecurity-act-2023/history","analysis":"/api/acts/biosecurity-act-2023/analysis","conflicts":"/api/acts/biosecurity-act-2023/conflicts","importantCases":"/api/acts/biosecurity-act-2023/important-cases","documents":"/api/acts/biosecurity-act-2023/documents"}}