{"id":"biosecurity-act-2025","name":"Biosecurity Act 2025","slug":"biosecurity-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31661,"registerId":"sa-biosecurity-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Formal","content":"Division 1—Formal\n1—Short title\nThis Act may be cited as the Biosecurity Act 2025.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act.\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Interpretation and key concepts","content":"Division 2—Interpretation and key concepts\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccreditation audit—see section 108;\naccreditation authority—see section 79;\naccreditation policy means an accreditation policy for biosecurity certifiers approved by the Chief Executive under section 78;\nact includes an omission;\nanimal means any of the following, whether living or dead and including at any stage of its development:\n\t(a)\ta member of the animal kingdom, other than a human being, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile or any other vertebrate or invertebrate member of the animal kingdom;\n\t(b)\tan egg, embryo, ovum or sperm of such a member of the animal kingdom;\n\t(c)\ta carcass, or part of a carcass, of such a member of the animal kingdom,\nbut does not include any animal, matter or thing excluded by the regulations from the ambit of this definition;\nanimal disease means a disease of, or capable of infecting, an animal;\nanimal feed means fodder, animal products or other materials that are fed to an animal or intended to be fed to an animal;\nanimal product includes:\n\t(a)\tthe hide, skin, hair, wool, feather, shell, horn, scale, fin or hoof of an animal;\n\t(b)\tany part of the viscera or offal of an animal;\n\t(c)\ta carcass, or part of a carcass, of an animal;\n\t(d)\tmeat, fat, eggs, honey, milk, whey, cream, butter, cheese and other primary produce derived from an animal;\n\t(e)\turine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal;\n\t(f)\tany secretion or excretion of an animal;\n\t(g)\tany product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal;\n\t(h)\tany other matter or thing identified by the regulations as being included within the ambit of this definition;\nappointment policy means an appointment policy for biosecurity auditors approved by the Chief Executive under section 77;\napproved biosecurity program means a program approved by the Minister under Part 9 Division 1;\napproved form means a form approved by the Chief Executive;\napproved manner means a manner approved by the Chief Executive;\nassess includes investigate;\naudit frequency policy—see section 117;\naudit target means the person who is the subject of a biosecurity audit;\nauthorised analyst means a person appointed as an authorised analyst under section 34;\nauthorised officer means—\n\t(a)\tthe Chief Veterinary Officer and any Deputy Chief Veterinary Officer; or\n\t(b)\tthe Chief Plant Protection Officer and any Deputy Chief Plant Protection Officer; or\n\t(c)\ta person appointed by the Minister as an authorised officer under section 26; or\n\t(d)\ta person taken to have been appointed as an authorised officer under section 26;\nbee or managed bee means—\n\t(a)\ta managed bee of the genus Apis or Megachile; or\n\t(b)\tany other species of bee identified by the regulations as being included within the ambit of this definition;\nbiosecurity advisory group means a biosecurity advisory group established by the Minister under section 301;\nbiosecurity audit—see section 104;\nbiosecurity auditor means a person who holds an appointment as a biosecurity auditor under Part 6 or as provided by section 101;\nbiosecurity certificate means a certificate issued under Part 7 Division 2;\nbiosecurity certifier means a person who holds an accreditation as a biosecurity certifier under Part 6;\nbiosecurity control agreement means an agreement under Part 9 Division 3;\nbiosecurity direction means a direction given under Part 11 Division 3;\nbiosecurity duty means a duty referred to in section 40 or 49;\nbiosecurity emergency means an emergency arising from a biosecurity risk or biosecurity impact;\nbiosecurity emergency (response and cost-sharing) agreement means an agreement—\n\t(a)\tto which South Australia is a party; and\n\t(b)\tthat has been certified by the Minister to be a biosecurity emergency (response and cost-sharing) agreement for the purposes of this Act;\nbiosecurity event—see section 4;\nbiosecurity impact—see section 5;\nbiosecurity matter—see section 6;\nbiosecurity registration means registration granted under Part 5;\nbiosecurity risk means a risk of a biosecurity impact occurring;\nbiosecurity zone—see section 163;\nbiosecurity zone measure—see section 164;\ncarrier—see section 7;\nChief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;\nChief Officer means—\n\t(a)\tthe Chief Plant Protection Officer; or\n\t(b)\tthe Chief Veterinary Officer;\nChief Plant Protection Officer means the Chief Plant Protection Officer appointed under section 23;\nChief Veterinary Officer means the Chief Veterinary Officer appointed under section 23;\ncompliance audit—see section 114;\nconduct includes an omission;\ncontaminant means any non-living thing—\n\t(a)\toccurring in, or on, biosecurity matter or a carrier; or\n\t(b)\tthat may be ingested, or absorbed, by biosecurity matter or a carrier;\ncontravene includes cause or permit a contravention to occur, or a failure to comply with a relevant requirement;\ncontrol, in relation to a thing, includes to contain the thing;\ncontrol order means an order made under section 186;\ncorresponding law means a law of another State or of the Commonwealth declared by the regulations to be a law that corresponds to this Act;\ncouncil means a council within the meaning of the Local Government Act 1999;\ndeal—see section 8;\nDepartment means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act;\nDepartment website means the website operated by, or on behalf of, the Department;\nDeputy Chief Officer means—\n\t(a)\ta Deputy Chief Plant Protection Officer; or\n\t(b)\ta Deputy Chief Veterinary Officer;\nDeputy Chief Plant Protection Officer means a Deputy Chief Plant Protection Officer appointed under section 24;\nDeputy Chief Veterinary Officer means a Deputy Chief Veterinary Office appointed under section 24;\ndirector, in relation to a body corporate, includes—\n\t(a)\tany member of the governing body of the body corporate; and\n\t(b)\tany other person who is in a position to control or influence substantially the affairs of the body corporate;\ndisease includes the following:\n\t(a)\tan infection or infestation of an organism having the potential to result in, or resulting in, an abnormal, pathological or unhealthy condition that is caused by a disease agent;\n\t(b)\ta syndrome, or clinically identifiable set of signs or symptoms in an organism, whether or not the cause is known;\n\t(c)\ta disease agent;\n\t(d)\tany other matter or thing identified by the regulations as being included within the ambit of this definition,\nbut does not include any matter or thing excluded by the regulations from the ambit of this definition;\ndisease agent includes the following:\n\t(a)\ta bacterium, virus, fungus, parasite, prion, protozoa, phytoplasma, insect, microorganism or any other organism or pathogen;\n\t(b)\tany other matter or thing identified by the regulations as being included within the ambit of this definition;\nDog Fence Board—see section 36;\nemergency—see section 9;\nemergency biosecurity direction means a biosecurity direction that is given in a biosecurity emergency;\nemergency order means an order made under section 173;\nemergency permit means a permit referred to in section 133(1)(a);\nemergency zone—see section 177;\nengage in a dealing—see section 8;\nentity means any person, including the Crown, regardless of whether the person—\n\t(a)\tis comprised of 1 or more individuals; or\n\t(b)\tis incorporated or unincorporated; or\n\t(c)\tis an organisation or enterprise; or\n\t(d)\tis of a government, commercial, charitable, educational, community or other nature;\nenvironment means components of the earth, including:\n\t(a)\tland, air and water;\n\t(b)\tany organic matter, inorganic matter or organisms;\n\t(c)\thuman-made or modified structures or areas;\n\t(d)\tinteracting natural ecosystems that each include 1 or more components referred to in paragraph (a) or (b);\nexternal treatment measure, in relation to a person, means a treatment, such as cleaning or disinfection, that—\n\t(a)\tis limited to the external parts of the person's body; and\n\t(b)\tdoes not require—\n\t(i)\tany matter or thing to penetrate the person's skin; or\n\t(ii)\tthe person to ingest any matter or thing;\nfish has the same meaning as in the Fisheries Management Act 2007;\nfunction includes an authority or duty, and perform a function includes to perform a duty;\ngeneral biosecurity direction—see section 199(2);\ngeneral biosecurity duty—see section 40;\ngroup permit means a permit referred to in section 133(2)(b);\ngovernment agency means—\n\t(a)\ta Minister; or\n\t(b)\ta government department; or\n\t(c)\tany other agency or instrumentality of the Crown; or\n\t(d)\ta council or any other body established under the Local Government Act 1999;\nGovernment biosecurity program means a program under Part 9 Division 2;\nimport, in relation to any biosecurity matter, carrier or thing, means—\n\t(a)\tto import the biosecurity matter, carrier or thing into South Australia from outside the State; or\n\t(b)\tto cause, permit or enable anything mentioned under paragraph (a) to occur;\nincursion means the presence, or suspected presence, of a pest or disease in South Australia, or any part of South Australia—\n\t(a)\twhich has not previously been present in South Australia, or that part of South Australia; or\n\t(b)\twhich has been previously eradicated or removed from South Australia, or a part of South Australia and has, or is suspected or reasonably believed to have, returned to South Australia, or that part of South Australia,\nwhere the pest or disease has, or is suspected or reasonably believed to pose, a biosecurity risk or have a biosecurity impact;\nindividual biosecurity direction—see section 199(3);\nindividual permit means a permit referred to in section 133(1);\ninformation includes documents (including copies of any certificate or other instrument of registration or accreditation under this Act), recordings, registers, data and electronic communications;\ninterstate biosecurity agency means a government department or agency of another State, or the Commonwealth, that is responsible for assisting in the administration of a corresponding law;\ninterstate biosecurity certificate is a certificate or other document recognised under section 128;\ninterstate biosecurity officer means an officer of an interstate biosecurity agency;\njurisdiction includes a jurisdiction outside Australia;\nlabel includes a ticket, manifest, cartnote, stamp, tag, barcode or sticker;\nland includes:\n\t(a)\tinland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created) and coastal waters within the meaning of the Fisheries Management Act 2007;\n\t(b)\tland that is covered by water;\n\t(c)\twater in, on or below land;\n\t(d)\tair, or space, above or below the surface of land;\n\t(e)\tthe subsoil and substrate of land;\n\t(f)\tbuildings or other structures permanently fixed to land, or part of such buildings or structures;\n\t(g)\tany other thing identified by the regulations as being included within the ambit of this definition,\nand also includes, according to its context, a legal estate or interest in, or right in respect of, land;\nlivestock means animals kept or usually kept in a domestic or captive state;\nmove includes transport or distribute;\nnon-indigenous means an animal or plant that is not indigenous to South Australia;\noccupier, in relation to land or premises, includes any person who has the care, control or management of the land or premises;\noffal means the brain, thymus gland, pancreas gland, liver, spleen, kidney, heart, lung, intestine, tongue, blood, head or tail of any slaughtered animal or part of the body of a slaughtered animal which is removed in the course of dressing the body or part of the body;\norganism means any living thing, including an animal and a human;\npermit means a permit granted under Part 8;\npermit holder means—\n\t(a)\tin the case of an individual permit—the person specified in the permit; and\n\t(b)\tin the case of a group permit—a member of the group or class of persons specified in the permit;\npest—see section 10;\nplant includes any member of the Plantae, Fungi or Protista kingdom, whether whole or in part and whether alive or dead and including at any stage of its development but does not include any plant excluded by the regulations from the ambit of this definition;\nplant disease means any disease of, or capable of infecting, a plant;\nplant product includes:\n\t(a)\tthe whole, or any part, of a flower, fruit, nut, seed, leaf, bulb, corm, tuber or stem that has been separated from a plant;\n\t(b)\tdried plant material or timber;\n\t(c)\tany other matter or thing identified by the regulations as being included within the ambit of this definition;\npremises includes any land, building or structure (including a moveable building or structure), whether constituting a public place or a private place and whether built or not;\nprohibited dealing means a dealing declared to be a prohibited dealing under section 14;\nprohibited dealing permit means a permit referred to in section 133(1)(c);\nprohibited matter means biosecurity matter declared to be prohibited matter under section 13;\nprohibited matter permit means a permit referred to in section 133(1)(b);\npublic sector agency means a public sector agency under the Public Sector Act 2009;\npublic sector employee means a public sector employee under the Public Sector Act 2009;\nquarantine station means a place declared to be a quarantine station under section 37;\nreasonably practicable—see section 12;\nrecord includes any book, document or writing and any other form or source of information compiled, recorded or stored by computer or any other process, in any other manner or by any other means;\nregistered entity means a person who holds a biosecurity registration;\nRegistrar-General means the Registrar-General appointed under the Real Property Act 1886;\nregulated dealing means a dealing declared to be a regulated dealing under section 14;\nrepealed Act means an Act repealed by this Act;\nrelevant Chief Officer—see subsection (3);\nrequirement includes a duty or obligation;\nresidential premises means any part of premises that is used only for residential purposes and includes the curtilage of any premises but does not include land outside a curtilage;\nresponsible accreditation authority—see section 80;\nsell includes:\n\t(a)\tsell by wholesale, retail, auction or tender;\n\t(b)\tbarter or exchange;\n\t(c)\tsupply for profit;\n\t(d)\toffer for sale, receive for sale or expose for sale;\n\t(e)\tconsign or deliver for sale;\n\t(f)\thave in possession for sale;\n\t(g)\tcause or allow anything referred to in a preceding paragraph to be done;\nspecified biosecurity requirement—see section 42;\nState includes a Territory;\nstatutory corporation means a statutory corporation established under Part 3 Division 4;\nthing includes—\n\t(a)\tbiosecurity matter and carriers;\n\t(b)\tany substance;\ntreatment measure means a treatment or process for the prevention, elimination, minimisation, control or management of a biosecurity matter, biosecurity risk or suspected biosecurity risk, or biosecurity impact (including cleaning, fumigation, disinfection, medication, vaccination and inoculation);\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvariation of conditions includes an addition, deletion or substitution, and to vary has a corresponding meaning;\nvehicle includes:\n\t(a)\ta motor vehicle;\n\t(b)\ta train or rolling stock;\n\t(c)\ta caravan or trailer;\n\t(d)\tan aeroplane, helicopter, drone or other aircraft;\n\t(e)\ta vessel;\n\t(f)\tplant or equipment designed to be moved or operated by a driver;\n\t(g)\tany thing within the ambit of a preceding paragraph that is operated or controlled remotely by a person or computer rather than by a driver, pilot or other person on the actual thing;\n\t(h)\tany other thing identified by the regulations as being included within the ambit of this definition;\nvessel includes:\n\t(a)\ta ship, boat, barge, oil rig, hovercraft, ferry, raft or other water craft;\n\t(b)\ta pontoon, floating pier or other floating structure;\nveterinary surgeon means a veterinary surgeon within the meaning of the Veterinary Practice Act 2003;\nvirus includes any virus and sub-viral agent capable of infecting an organism.\n\t(2)\tIn this Act, a reference to a biosecurity matter—\n\t(a)\tby a common name does not limit any reference to the biosecurity matter by its scientific name; and\n\t(b)\tincludes a reference to all stages of the life cycle of the biosecurity matter, if such matter has a life cycle.\n\t(3)\tFor the purposes of this Act, the relevant Chief Officer in relation to particular biosecurity matter is the Chief Officer who is designated as the relevant Chief Officer in relation to that particular biosecurity matter by the Chief Executive by notice published on the Department website.\n4—Meaning of biosecurity event\n\t(1)\tFor the purposes of this Act, each of the following events is a biosecurity event:\n\t(a)\tthe presence, or suspected presence, in South Australia, or any part of South Australia, of prohibited matter;\n\t(b)\tthe incursion of a pest or an animal or plant disease, regardless of whether the pest or disease, or cause of the pest or disease, is known or identified;\n\t(c)\tthe presence, or suspected presence, of a contaminant in, or on, biosecurity matter or carrier that is, or is suspected to be, a biosecurity impact;\n\t(d)\tany prescribed event or circumstance.\n\t(2)\tHowever, an event or circumstance is not a biosecurity event for the purposes of this Act if it is excluded from the ambit of this section by the regulations.\n5—Meaning of biosecurity impact\n\t(1)\tIn this Act, biosecurity impact means an adverse effect on the environment, the community or the economy that arises, or has the potential to arise from, any biosecurity matter or carrier, or a dealing with a biosecurity matter or carrier, being an adverse effect that is the result of, or related to—\n\t(a)\tthe introduction, presence, spread or increase of an animal disease or a plant disease into or within South Australia, or any part of South Australia; or\n\t(b)\tthe introduction, presence, spread or increase of a pest into or within South Australia, or any part of South Australia; or\n\t(c)\tstock food or any fertiliser; or\n\t(d)\tany animal or plant, or the product of any animal or plant, that is contaminated, or exposed to any contaminant; or\n\t(e)\ta risk to public safety, or a public nuisance, caused by managed bees; or\n\t(f)\tany thing or circumstance that is prescribed to have biosecurity impact.\n\t(2)\tFor the purposes of subsection (1)(d), an animal or plant, or the product of an animal or plant, is contaminated if it contains a contaminant that makes, or is likely to make, the animal, plant or product—\n\t(a)\tunfit or unsuitable for use in any commercial or other activity in which it would normally be used; or\n\t(b)\ta risk to human health, human activity or the environment; or\n\t(c)\tunfit to export or other trade for which it would normally be used.\n\t(3)\tHowever, a thing or circumstance is not a biosecurity impact for the purposes of this Act if it is excluded from the ambit of this section by the regulations.\n6—Meaning of biosecurity matter\nIn this Act, biosecurity matter includes the following:\n\t(a)\tan animal, plant or other organism, other than a human;\n\t(b)\ta part of an animal, plant or other organism, other than a human;\n\t(c)\tan animal product or plant product;\n\t(d)\tan animal disease or plant disease;\n\t(e)\ta prion;\n\t(f)\ta contaminant;\n\t(g)\ta disease that may cause either or both of the following:\n\t(i)\tdisease in an animal, plant or other organism (other than a human);\n\t(ii)\tdisease in a human through transmission to the human from an animal, plant or other organism (other than a human);\n\t(h)\tany prescribed thing.\n7—Meaning of carrier\n\t(1)\tIn this Act, a carrier means any thing (other than a human), whether alive, dead or inanimate, that has, or is capable of having, biosecurity matter on it, attached to it, or contained in it.\n\t(2)\tFor the avoidance of doubt, a carrier within the meaning of subsection (1) may include any object, or thing, carried or worn by a human.\n\t(3)\tHowever, an object or thing is not a carrier for the purposes of this Act if it is excluded from the ambit of this section by the regulations.\n8—Meaning of dealing\n\t(1)\tIn this Act, a person deals with biosecurity matter or a carrier, or engages in a dealing with biosecurity matter or a carrier, if the person—\n\t(a)\tkeeps or manages the biosecurity matter or carrier; or\n\t(b)\thas possession, care or control of the biosecurity matter or carrier; or\n\t(c)\tsupplies, produces or manufactures the biosecurity matter or carrier; or\n\t(d)\timports the biosecurity matter or carrier; or\n\t(e)\taccepts supply of, or otherwise acquires, the biosecurity matter or carrier; or\n\t(f)\tbuys or sells the biosecurity matter or carrier; or\n\t(g)\tdisposes of, or destroys, the biosecurity matter or carrier; or\n\t(h)\tmarks, brands, tags or affixes a device to the biosecurity matter or carrier for the purposes of identifying, or tracing, the biosecurity matter or carrier; or\n\t(i)\tmoves or conveys the biosecurity matter or carrier; or\n\t(j)\treleases the biosecurity matter or carrier into the environment, or from captivity or confinement; or\n\t(k)\tuses, or treats, the biosecurity matter or carrier; or\n\t(l)\tbreeds, propagates, grows, raises, feeds, clones or cultures the biosecurity matter or carrier; or\n\t(m)\texperiments with the biosecurity matter or carrier; or\n\t(n)\tdisplays the biosecurity matter or carrier; or\n\t(o)\tenters into an agreement or arrangement to deal with the biosecurity matter or carrier; or\n\t(p)\tcauses, permits or arranges for a dealing with the biosecurity matter, or carrier, to occur; or\n\t(q)\tdoes any other prescribed thing in respect of the biosecurity matter or carrier.\n\t(2)\tFor the purposes of subsection (1)(b), an occupier of premises is taken to have possession of any biosecurity matter, or carrier, on the premises unless the occupier establishes that another person has possession, care or control of the biosecurity matter or carrier for the entire time when the biosecurity matter or carrier was on the premises.\n\t(3)\tFor the purposes of this Act, or any specific provision of this Act, the regulations may prescribe circumstances in which a person is taken not to be dealing with, or engaged in a dealing with, biosecurity matter or a carrier.\n9—Meaning of emergency\n\t(1)\tIn this Act, an emergency includes:\n\t(a)\tan act or event in respect of which an emergency order has been made; or\n\t(b)\tthe occurrence, suspected occurrence or imminent occurrence of a biosecurity emergency.\n\t(2)\tIn this Act, an act or function is performed, or a power is exercised, by a person in an emergency (or in the case of an emergency) if the person, at the time of performing the act or function or exercising the power (as the case may be), reasonably believes or suspects that—\n\t(a)\tthe performance of the act or function, or the exercise of the power, is necessary or authorised under an emergency order; or\n\t(b)\ta biosecurity emergency is occurring, has occurred or is imminent and the performance of the act or function, or the exercise of the power, is necessary or reasonably required to assess, prevent, control or manage the biosecurity emergency.\n10—Meaning of pest\n\t(1)\tIn this Act, an animal or plant is a pest—\n\t(a)\tif it is a non-indigenous animal or a non-indigenous plant (as the case may be) and it has an adverse effect on, or is suspected of having an adverse effect on, the environment, the community or the economy by—\n\t(i)\tcompeting with other organisms for resources, including food, water, nutrients, habitat and sunlight; or\n\t(ii)\tdestroying or damaging the habitat of other organisms; or\n\t(iii)\tpreying or feeding on other organisms; or\n\t(iv)\ttransmitting disease to other organisms; or\n\t(v)\tcausing harm to other organisms through toxicity or disturbance; or\n\t(vi)\treducing the productivity of any primary industry, or the value of any primary produce or commodity; or\n\t(vii)\tdamaging infrastructure; or\n\t(viii)\treducing the amenity or aesthetic value of premises; or\n\t(ix)\tharming or reducing biodiversity; or\n\t(x)\tdoing any other prescribed thing or having any other prescribed effect; or\n\t(b)\tif it is an animal or plant declared by the Minister to be a pest for the purposes of this Act.\n\t(2)\tHowever, an animal or plant is not a pest if it is excluded from the ambit of subsection (1) by the regulations.\n\t(3)\tA declaration of the Minister under this section—\n\t(a)\tmust be by notice in the Gazette; and\n\t(b)\tmay be varied or revoked by the Minister by further notice in the Gazette.\n11—Meaning of suitable person\nFor the purposes of an application under this Act, or a decision made under this Act, the following matters may be taken into account when determining whether a person is, or is no longer, a suitable person:\n\t(a)\tif the person has been found guilty of an offence under this Act or a repealed Act;\n\t(b)\tif the person has been found guilty of an offence against any other Act or law that—\n\t(i)\tis relevant to the application, or decision, being made; or\n\t(ii)\tis an offence punishable by imprisonment for a term longer than 6 months;\n\t(c)\tif the person has been found guilty of an offence of dishonesty;\n\t(d)\tif the person has failed to comply with a requirement of this Act or a repealed Act, or a requirement or condition of an authorisation, registration or other authority issued or granted under this Act or a repealed Act;\n\t(e)\tif there has been an unfavourable accreditation audit or biosecurity audit in respect of the person;\n\t(f)\tany prescribed matter;\n\t(g)\tany other matter that the person considering the application, or making the decision, considers relevant to the application or decision.\n12—Meaning of reasonably practicable\nReasonably practicable, in relation to the prevention, elimination, minimisation, control or management of a biosecurity risk, means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters, including—\n\t(a)\tthe biosecurity risk concerned; and\n\t(b)\tthe degree of biosecurity impact that arises, or might arise, from the biosecurity risk; and\n\t(c)\twhat the concerned person knows, or ought reasonably to know, about the biosecurity risk and the ways of preventing, eliminating, minimising, controlling or managing the risk; and\n\t(d)\tthe availability and suitability of ways to prevent, eliminate, minimise, control or manage the biosecurity risk; and\n\t(e)\tthe cost associated with available ways of preventing, eliminating, minimising, controlling or managing the risk, including whether the cost is grossly disproportionate to the risk.\n","sortOrder":1},{"sectionNumber":"Div 3","sectionType":"division","heading":"Classification of matter and dealings","content":"Division 3—Classification of matter and dealings\n13—Prohibited matter\n\t(1)\tThe Minister may, by notice in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be prohibited matter if the Minister is satisfied that—\n\t(a)\tthe biosecurity matter, or class of biosecurity matter, poses a significant biosecurity risk to South Australia, or a part of South Australia; and\n\t(b)\tthe declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter or class of biosecurity matter.\n\t(2)\tThe Minister may, by notice in the Gazette, declare any carrier, or class of carriers, to be prohibited matter if the Minister is satisfied that—\n\t(a)\tthe carrier, or class of carriers, poses a significant biosecurity risk to South Australia, or a part of South Australia; and\n\t(b)\tthe declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the carrier or class of carriers.\n\t(3)\tA declaration under this section may make provision for transitional arrangements—\n\t(a)\tfor the lawful disposal, treatment or destruction of any biosecurity matter, or carrier, that becomes prohibited matter as a result of the declaration; and\n\t(b)\tthat specify certain provisions of this Act as not applying in respect of such disposal, treatment or destruction of the biosecurity matter or carrier.\n14—Prohibited and regulated dealings\n\t(1)\tThe regulations may declare a dealing to be—\n\t(a)\ta prohibited dealing in relation to South Australia, or a part of South Australia; or\n\t(b)\ta regulated dealing in relation to South Australia, or a part of South Australia.\n\t(2)\tA regulation should only be made under this section on the recommendation of the Minister on the basis that the Minister considers the declaration is appropriate for the administration or operation of this Act in relation to South Australia, or a specified part of South Australia.\n","sortOrder":2},{"sectionNumber":"Div 4","sectionType":"division","heading":"Principles that apply to biosecurity duties","content":"Division 4—Principles that apply to biosecurity duties\n15—Duty not transferable\nA biosecurity duty cannot be transferred to another person.\n16—Person may have more than one duty\nA person can have more than 1 biosecurity duty.\n17—More than one person can have a duty\n\t(1)\tMore than 1 person can concurrently have the same biosecurity duty.\n\t(2)\tEach person who has a biosecurity duty must discharge that duty to the standard required by this Act even if another person has the same duty.\n\t(3)\tIf more than 1 person has a biosecurity duty in relation to the same thing, each person—\n\t(a)\tretains responsibility for the person's duty in relation to the thing; and\n\t(b)\tmust discharge the person's duty to the extent to which the person has the capacity to influence and control the thing or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.\n18—Duty to prevent, eliminate or minimise biosecurity risk\nA duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so far as is reasonably practicable is a duty—\n\t(a)\tto prevent or eliminate a biosecurity risk so far as is reasonably practicable; and\n\t(b)\tif it is not reasonably practicable to prevent or eliminate a biosecurity risk, to minimise, control or manage the biosecurity risk so far as is reasonably practicable.\n","sortOrder":3},{"sectionNumber":"Div 5","sectionType":"division","heading":"Extraterritorial application","content":"Division 5—Extraterritorial application\n19—Extraterritorial application\n\t(1)\tIt is the intention of the Parliament that this Act is to apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.\n\t(2)\tWithout limiting subsection (1), it is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following:\n\t(a)\tpersons and things situated in or outside the territorial limits of this State (including in another country);\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this State (including in another country);\n\t(c)\tpersons, things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction;\n\t(d)\twithout limiting a preceding paragraph, acts, transactions and matters done, entered into or occurring on the Internet or other e-commerce platforms or online spaces (wherever done, entered into or occurring).\n","sortOrder":4},{"sectionNumber":"Div 6","sectionType":"division","heading":"Status of Act","content":"Division 6—Status of Act\n20—Interaction with other Acts\nUnless the contrary intention appears—\n\t(a)\tsubject to paragraph (b), this Act is in addition to, and does not derogate from, the provisions of any other Act;\n\t(b)\tif—\n\t(i)\ta provision of this Act applies because of, or in relation to, an emergency; and\n\t(ii)\tanother Act or law, other than the Emergency Management Act 2004 is inconsistent with the provision,\nthis Act prevails to the extent of the inconsistency.\n21—Act does not give rise to or affect civil causes of action\n\t(1)\tA provision of this Act does not confer a right of action in civil proceedings based on a contravention of the provision.\n\t(2)\tExcept as otherwise expressly provided by this Act, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n\t(3)\tWithout limiting subsection (2), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects","content":"Part 2—Objects\n22—Objects\nThe objects of this Act are—\n\t(a)\tto protect South Australia from—\n\t(i)\tpests, diseases and other biosecurity matter that are economically significant for the State; and\n\t(ii)\tthreats to terrestrial and aquatic environments arising from pests, diseases and other biosecurity matter; and\n\t(iii)\tpests, diseases and other biosecurity matter that may have an adverse effect on public amenities, community activities and infrastructure; and\n\t(b)\tto ensure that responsibility for biosecurity is shared between government, industry and the community; and\n\t(c)\tto provide a framework for risk and evidence-based decision making to ensure timely and effective management of biosecurity risks and impacts; and\n\t(d)\tto provide a framework that is flexible and responsive so as to enable the effective prevention, elimination, minimisation, control or management of the risk of adverse impacts on the South Australian economy, environment and community in connection with biosecurity risks; and\n\t(e)\tto establish a biosecurity system that is focused on science in evidence-based decision making, innovative technologies, risk assessment, information management, planning, training and communication; and\n\t(f)\tto give effect to intergovernmental agreements relating to biosecurity to which South Australia is a party and to facilitate the alignment of the State's approach to biosecurity management with other States and nationally; and\n\t(g)\tto support market access, and to facilitate trade of South Australia's food, fibre, beverages and other products; and\n\t(h)\tto promote compliance with statutory duties and requirements through effective enforcement measures, and communication and collaboration between government, industry and the community.\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\nDivision 1—Chief Officers and deputies\n23—Chief Officers\n\t(1)\tThere will be—\n\t(a)\ta Chief Plant Protection Officer; and\n\t(b)\ta Chief Veterinary Officer.\n\t(2)\tA Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service).\n\t(3)\tIn relation to the appointment of a Chief Officer—\n\t(a)\tthe Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and\n\t(b)\tthe Chief Veterinary Officer must be a veterinary surgeon.\n\t(4)\tAn appointment may be made subject to such conditions as may be specified in the instrument of appointment.\n\t(5)\tThe Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment.\n24—Deputy Chief Officers\n\t(1)\tThere will be—\n\t(a)\t1 or more Deputy Chief Plant Protection Officers; and\n\t(b)\t1 or more Deputy Chief Veterinary Officers.\n\t(2)\tA Deputy Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service).\n\t(3)\tIn relation to the appointment of a Deputy Chief Officer—\n\t(a)\ta Deputy Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and\n\t(b)\ta Deputy Chief Veterinary Officer must be a veterinary surgeon.\n\t(4)\tAn appointment may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform or exercise the functions and powers of a Deputy Chief Officer).\n\t(5)\tThe Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment.\n25—Roles of Deputy Chief Officers\n\t(1)\tA Deputy Chief Officer may perform the functions and exercise the powers of the corresponding Chief Officer, including any functions or powers that have been delegated to the corresponding Chief Officer under this Act, on such terms and conditions as may be specified in the instrument of appointment of the Deputy Chief Officer.\n\t(2)\tTo avoid doubt, a reference in this Act to a Chief Officer in relation to a function or power includes a reference to a corresponding Deputy Chief Officer if the Deputy Chief Officer is authorised to perform the function or exercise the power.\n\t(3)\tNothing in this section limits—\n\t(a)\ta specific delegation under this Act; or\n\t(b)\ta function or power that a person appointed as a Deputy Chief Officer may otherwise have or exercise under this Act or in connection with any appointment or position held apart from this Division.\nDivision 2—Authorised officers\n26—Appointment of authorised officers\n\t(1)\tThe Minister may appoint a suitable person to be an authorised officer for the purposes of this Act.\n\t(2)\tA person appointed as an authorised officer may be—\n\t(a)\ta public sector employee; or\n\t(b)\tan officer or employee of a council; or\n\t(c)\tan employee of the Commonwealth or of another State; or\n\t(d)\tan employee of an entity prescribed for the purposes of this subsection; or\n\t(e)\ta person who has entered into a contract, or who is employed by an entity that has entered into a contract, with the Crown to perform a function under this Act.\n\t(3)\tThe Minister may enter into an agreement with a council in relation to the performance of the functions and the exercise of powers of an authorised officer by an officer or employee of the council appointed under subsection (1).\n\t(4)\tThe Minister may enter into an agreement with the Commonwealth, or another State, in relation to the performance of the functions and the exercise of powers of an authorised officer by an employee of the Commonwealth, or another State, appointed under subsection (1).\n\t(5)\tAn appointment under subsection (1) may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform the functions or exercise the powers of an authorised officer).\n\t(6)\tThe Minister may, at any time, revoke an appointment or vary a condition of an appointment.\n\t(7)\tIn connection with the operation of subsection (6)—\n\t(a)\tif the Minister takes action under that subsection in respect of an officer or employee of a council, the Minister must notify the council in writing of the action taken; and\n\t(b)\tif the Minister takes action under that subsection in respect of an employee of the Commonwealth or of another State, the Minister must notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken.\n\t(8)\tIf a person appointed as an authorised officer under subsection (1) ceases to hold an office or position of employment that made the person eligible to be appointed as an authorised officer, the person ceases to be an authorised officer.\n\t(9)\tA person holding any of the following offices will be taken to have been appointed as an authorised officer for the purposes of this Act:\n\t(a)\tfisheries officer under the Fisheries Management Act 2007, other than a police officer;\n\t(b)\tauthorised person under the Primary Produce (Food Safety Schemes) Act 2004.\n\t(10)\tA person holding an appointment as an authorised officer by virtue of the operation of subsection (9) or the provisions of another Act may perform the functions or exercise the powers of an authorised officer subject to such conditions as the Minister may specify from time to time (including a condition limiting the area within which, or the purposes for which, the person may perform or exercise the functions or powers of an authorised officer).\n27—Identity cards\n\t(1)\tThe Chief Executive must issue a person appointed as an authorised officer under section 26(1) an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tspecifying that the person is an authorised officer; and\n\t(c)\tstating any limitation on the person's authority to act as an authorised officer under this Act.\n\t(2)\tSubject to this Act, an authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for the inspection of the person an appropriate identity card.\n\t(3)\tFor the purposes of subsection (2), an appropriate identity card is—\n\t(a)\tin relation to a person appointed under section 26(1)—the identity card issued under subsection (1); and\n\t(b)\tin relation to a person taken to have been appointed as an authorised officer under section 26(9)—an identity card issued to the person for the purposes of the office referred to in that subsection.\n\t(4)\tIf the appointment of a person as an authorised officer is revoked or otherwise ceases, the person must, as soon as is reasonably practicable, return to the Chief Executive any identity card issued to the person under subsection (1)\nMaximum penalty: $1 000.\n28—Use of assistants\n\t(1)\tAn authorised officer performing a function under this Act, may perform the function with the assistance of such other persons as the authorised officer considers necessary in the circumstances.\n\t(2)\tA person assisting an authorised officer under subsection (1) may—\n\t(a)\taccompany the authorised officer onto any premises that the authorised officer is allowed to enter under this Act; and\n\t(b)\ttake all reasonable steps to assist the authorised officer in the performance of a function of the authorised officer under this Act.\n29—Use of animals\n\t(1)\tAn authorised officer, performing a function under this Act, may perform the function with the assistance of an animal to detect the presence of, or to manage, biosecurity matter.\n\t(2)\tAn authorised officer who is authorised to enter premises under this Act may enter those premises in the company of any animal as envisaged by subsection (1).\n\t(3)\tAn authorised officer who performs a function with the assistance of an animal must keep the animal under control and take all reasonable steps to ensure that the animal does not unnecessarily interact with any person other than the authorised officer or a person assisting the authorised officer.\n30—Provision of assistance\n\t(1)\tAn authorised officer may require an owner or occupier of any premises, any person in or on any premises (other than a public place), or a person apparently in charge of any vehicle, plant, equipment or other thing, to provide any reasonable assistance and facilities that the authorised officer or a person assisting the authorised officer reasonably requires for the effective exercise of a power under this Act.\n\t(2)\tThe requirement may be made in the form of a direction that is given orally to the person or by written notice served on the person.\n\t(3)\tA direction may, for example, require the person—\n\t(a)\tto confine or move any animal under the care, custody or control of the person; or\n\t(b)\tto provide any facilities, including yards and crushes, that the authorised officer requires to inspect, examine, test, treat or take samples from any biosecurity matter, carrier, potential carrier or other thing; or\n\t(c)\tto restrain an animal.\n31—Performance and exercise of functions and powers in emergency\nThe fact that a provision of this Act only authorises an authorised officer to perform or exercise specified functions or powers in an emergency (or in the case of an emergency) does not prevent the authorised officer from performing or exercising any other function or power under this Act in that emergency.\n32—Extraterritorial performance and exercise of functions and powers\n\t(1)\tThe Minister may enter into an agreement with a Minister of the Commonwealth or another State providing for either or both of the following:\n\t(a)\tthe performance of functions or the exercise of powers under this Act on behalf of the Commonwealth or in another State by authorised officers or interstate biosecurity officers;\n\t(b)\tthe performance of functions or the exercise of powers under a corresponding law in South Australia by authorised officers or interstate biosecurity officers.\n\t(2)\tThe Chief Executive may enter into an agreement with the head of an interstate biosecurity agency providing for either or both of the following:\n\t(a)\tthe performance of functions or the exercise of powers under this Act in another State by authorised officers or interstate biosecurity officers;\n\t(b)\tthe performance of functions or the exercise of powers under a corresponding law in South Australia by authorised officers or interstate biosecurity officers.\n\t(3)\tAn authorised officer or an interstate biosecurity officer may, in accordance with an agreement under this section—\n\t(a)\tperform functions or exercise powers under this Act on behalf of the Commonwealth or in another State as authorised under the Act; and\n\t(b)\tperform functions or exercise powers under a corresponding law in South Australia as authorised under that agreement to the extent required in respect of a biosecurity impact, or potential biosecurity impact, in another State.\n33—Hindering etc persons engaged in the administration of Act\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the performance of a function or the exercise of a power under this Act; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of the person's knowledge, information or belief; or\n\t(c)\tprovides an answer to a question put by an authorised officer that the person knows to be false or misleading in a material particular; or\n\t(d)\tproduces a document or record that the person knows to be false or misleading in a material particular; or\n\t(e)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act (including a requirement to attend at a time and place specified by an authorised officer); or\n\t(f)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, in the performance of a function or the exercise of a power under this Act; or\n\t(g)\tfalsely represents, by words or conduct, that the person is an authorised officer,\nDivision 3—Authorised analysts\n34—Authorised analysts\n\t(1)\tThe Chief Executive may, by written instrument, appoint a person as an authorised analyst for the purposes of this Act if the Chief Executive is satisfied that the person holds the appropriate qualifications and experience for the position.\n\t(2)\tAn appointment under subsection (1) may be made subject to such conditions as the Chief Executive considers reasonable in the circumstances and are specified in the instrument of appointment (including a condition limiting the functions or powers of the authorised analyst).\n\t(3)\tThe Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment.\n\t(4)\tIf an appointment of a person as an authorised analyst is made by reference to an office held by the person—\n\t(a)\tthe person ceases to be an authorised analyst if the person ceases to hold that office; and\n\t(b)\tany other person who holds that office, while the appointment is in effect, is an authorised analyst for the purposes of this Act while they hold that office.\n\t(5)\tThe Chief Executive may appoint an authorised officer as an authorised analyst and the authorised officer so appointed may perform the functions and exercise the powers of an authorised officer in addition to the functions and powers of an authorised analyst.\nDivision 4—Statutory corporations\n35—Establishment of statutory corporations by regulation\n\t(1)\tThe Governor may, by regulation, establish a body as a statutory corporation under this Act.\n\t(2)\tRegulations establishing a statutory corporation—\n\t(a)\tmust name the statutory corporation; and\n\t(b)\tmust provide for the constitution of a board of management as the statutory corporation's governing body; and\n\t(c)\tmust specify the functions of the statutory corporation; and\n\t(d)\tmay provide for the powers of the statutory corporation and may limit the powers of the statutory corporation; and\n\t(e)\tmay make other provisions (not inconsistent with this Act) that are necessary or expedient for the purposes of the statutory corporation or that are contemplated by Schedule 1.\n\t(3)\tA statutory corporation established under this section—\n\t(a)\tis a body corporate; and\n\t(b)\tsubject to a limitation imposed by regulation, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act; and\n\t(c)\tis subject to the control and direction of the Minister, other than where the statutory corporation is—\n\t(i)\tmaking a recommendation to the Minister; or\n\t(ii)\tproviding advice to the Minister.\n\t(4)\tThe Governor may, by regulation—\n\t(a)\talter the name of a statutory corporation; or\n\t(b)\tvary the constitution of the board of management of a statutory corporation; or\n\t(c)\talter the functions of a statutory corporation; or\n\t(d)\talter or limit the powers of a statutory corporation; or\n\t(e)\tmay make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of a statutory corporation or that are contemplated by Schedule 1.\n\t(5)\tWithout limiting a preceding subsection, the regulations may, in providing for the constitution of a board of management of a statutory corporation, make provision with respect to—\n\t(a)\thow a member of the board is appointed or selected; and\n\t(b)\tthe term of office of a member of the board; and\n\t(c)\tthe appointment of a presiding member; and\n\t(d)\tthe appointment or selection of deputies; and\n\t(e)\tthe grounds on which a member may be removed from office, and how an office becomes vacant.\n\t(6)\tThe Governor may, by regulation—\n\t(a)\tdissolve a statutory corporation established under this section; and\n\t(b)\ttransfer any assets, rights or liabilities of a statutory corporation dissolved under this provision (either as a whole or in separate parcels specified by regulation)—\n\t(i)\tto the Minister; or\n\t(ii)\tto another statutory corporation; or\n\t(iii)\tto the Crown, or to another agency or instrumentality of the Crown; or\n\t(iv)\twith the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown; and\n\t(c)\tmake other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the statutory corporation.\n\t(7)\tIf a regulation establishing a statutory corporation under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory corporation become the assets, rights and liabilities of the Minister.\n\t(8)\tSchedule 1 contains other provisions that are relevant to a statutory corporation established under this section.\n36—Dog Fence Board\n\t(1)\tThe Dog Fence Board (as established under the Dog Fence Act 1946 and now to be known as the Dog Fence Board) continues as a statutory corporation under this Act.\n\t(2)\tThe Dog Fence Board—\n\t(a)\tis a body corporate; and\n\t(b)\tis an instrumentality of the Crown; and\n\t(c)\tsubject to a limitation imposed by regulation, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act.\n\t(3)\tSubject to this Act, Schedule 1, other than any provision of that Schedule prescribed by the regulations, applies to the Dog Fence Board as a statutory corporation under this Act.\n\t(4)\tSchedule 2 makes additional provisions in relation to the Dog Fence Board and dog fences.\nDivision 5—Quarantine stations\n37—Quarantine stations\ndesignated authority means—\n\t(b)\ta Chief Officer.\n\t(2)\tA designated authority may, by notice published on the Department website, declare a place to be a quarantine station at which biosecurity matter may, subject to this Act, be held, examined, disinfected, treated, destroyed or otherwise disposed of.\n\t(3)\tA designated authority may, by further notice published on the Department website, vary or revoke a notice under this section.\nDivision 6—Register\n38—Register\n\t(1)\tThe Chief Executive must maintain a register of—\n\t(a)\tregistered entities under Part 5; and\n\t(b)\taccreditation authorities established under Part 6; and\n\t(c)\tbiosecurity auditors appointed under Part 6; and\n\t(d)\tbiosecurity certifiers accredited under Part 6; and\n\t(e)\tbiosecurity programs under Part 9; and\n\t(f)\tdeclared biosecurity zones under section 167; and\n\t(g)\tany other matter required to be included on the register under this Act or the regulations.\n\t(2)\tThe register may include such other information as the Chief Executive thinks fit.\n\t(3)\tThe register will be kept in such forms as the Chief Executive thinks fit (including in an electronic format).\n\t(4)\tThe Chief Executive may establish requirements as to—\n\t(a)\tthe provision of information for the purposes of the register; and\n\t(b)\tthe form of any information or instrument that is to be registered or included on the register; and\n\t(c)\tthe use of electronic files, including as to their formats; and\n\t(d)\tany other matter determined by the Chief Executive for the purposes of the register.\n","sortOrder":7},{"sectionNumber":"Div 7","sectionType":"division","heading":"Delegations","content":"Division 7—Delegations\n39—Delegations\nstatutory authority means—\n\t(d)\ta Deputy Chief Officer; or\n\t(e)\ta statutory corporation.\n\t(2)\tA statutory authority may delegate any of the statutory authority's functions or powers under this Act—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being holding or occupying a particular office or position.\n\t(3)\tHowever, a statutory corporation may only make a delegation under this section with the approval of the Minister (and the approval may be a general or specific approval and may be given on such conditions as the Minister thinks fit).\n\t(4)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n\t(5)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Biosecurity duties, dealings and measures","content":"Part 4—Biosecurity duties, dealings and measures\nDivision 1—General biosecurity duty\n40—General biosecurity duty\n\t(1)\tA person has a duty (the general biosecurity duty) to take, so far as is reasonably practicable, measures to prevent, eliminate, minimise, control or manage a biosecurity risk when dealing with biosecurity matter, or a carrier, if the person knows or reasonably ought to know that the biosecurity matter, carrier or dealing poses a biosecurity risk.\n\t(2)\tUnless otherwise specified and without limiting the general biosecurity duty, a person fails to comply with the general biosecurity duty in respect of biosecurity matter, a carrier or a dealing if the person knowingly, or negligently, fails to comply with any applicable specified biosecurity requirement in respect of the biosecurity matter, carrier or dealing.\n41—Failure to comply with general biosecurity duty\n\t(1)\tA person must not cause a significant biosecurity impact by knowingly, or recklessly, failing to comply with the general biosecurity duty in respect of biosecurity matter, a carrier or a dealing.\n\t(2)\tIn determining what is a significant biosecurity impact for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to—\n\t(a)\tthe potential impact of a failure to comply with the duty; and\n\t(b)\tthe economic, environmental, community or practicable implications; and\n\t(c)\tthe extent of any risk to public safety; and\n\t(d)\tthe nature, extent and duration of any biosecurity impact; and\n\t(e)\tany relevant standard, code, guideline, program or other specification; and\n\t(f)\tany matter prescribed by the regulations.\n\t(3)\tA person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier.\n\t(4)\tIf, in proceedings for an offence against subsection (1) in respect of a person, the court determining the proceedings is not satisfied that the person is guilty of that offence but is satisfied that the person has committed an offence against subsection (3), the court may find the person guilty of an offence under subsection (3).\n\t(5)\tA person who commits an offence under this section because of failing to comply with the general biosecurity duty—\n\t(a)\tcontinues, until the duty is discharged, to be required to discharge the duty; and\n\t(b)\tis guilty of a continuing offence (of the relevant kind) for each day that the failure continues.\n42—Specified biosecurity requirements\n\t(1)\tFor the purposes of this Act, a specified biosecurity requirement means any measure, prescription, rule, duty or other requirement imposed by, or under, this Act or any other Act that requires a person or class of persons to do 1 or more of the following for the purpose, whether express or implied, of preventing, eliminating, minimising, controlling or managing a biosecurity risk or potential biosecurity risk:\n\t(a)\tto take specified action or to do a specified thing;\n\t(b)\tto refrain from engaging in a specified action or from doing a specified thing;\n\t(c)\tto adopt, comply with or implement any standard, code, guideline, program or other specification;\n\t(d)\tto comply with any condition, order, determination, direction, permit, notice or other instrument made or issued under this Act or any other Act.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tthe general biosecurity duty is not a specified biosecurity requirement; and\n\t(b)\ta specified biosecurity requirement is part of the general biosecurity duty.\n\t(3)\tIf—\n\t(a)\ta person fails to comply with an applicable specified biosecurity requirement in respect of a biosecurity matter, carrier or dealing; and\n\t(b)\tthat failure is an offence under both section 41 and another provision of this Act or any other Act,\nthe person may be charged with, and convicted of, each applicable offence in respect of the failure but may only be sentenced in respect of the most serious offence.\n\t(4)\tTo avoid doubt, compliance with each applicable specified biosecurity requirement in respect of biosecurity matter, carrier or dealing may not, of itself, discharge the general biosecurity duty in respect of that biosecurity matter, carrier or dealing.\nDivision 2—Dealings\n43—Prohibited matter\n\t(1)\tA person who deals with any biosecurity matter that is prohibited matter throughout the State is guilty of an offence.\n\t(2)\tA person who deals with biosecurity matter is guilty of an offence if—\n\t(a)\tthe biosecurity matter is located in a part of the State in which it is prohibited matter; or\n\t(b)\tas a result of the dealing, the biosecurity matter enters or is likely to enter a part of the State in which it is prohibited matter.\n\t(3)\tA person who commits an offence against subsection (1) or (2) because the person deals with biosecurity matter in contravention of that subsection—\n\t(a)\tcontinues, until the contravention ceases, to be liable for a contravention of the subsection; and\n\t(b)\tis guilty of a continuing offence (of the relevant kind) for each day that the contravention continues.\n\t(4)\tIt is a defence to the prosecution of an offence constituted by a person having prohibited matter in the person's possession, care, custody or control if the person charged with the offence proves that the person did not know, and could not reasonably be expected to know, that the person had the prohibited matter in the person's possession, care, custody or control.\n44—Prohibited dealings\n\t(1)\tA person must not engage in a prohibited dealing.\n\t(2)\tA person who commits an offence under this section because the person engages in a prohibited dealing in contravention of subsection (1)—\n45—Regulated dealings\n\t(1)\tA person must not engage in a regulated dealing unless—\n\t(a)\tthe person is a registered entity; and\n\t(b)\tthe person's biosecurity registration authorises the person to engage in the regulated dealing; and\n\t(c)\tthe dealing is in accordance with the person's biosecurity registration.\n\t(2)\tA person who commits an offence under this section because the person engages in a regulated dealing in contravention of subsection (1)—\n\t(3)\tIn proceedings for an offence against this section, it is a defence to the prosecution of the offence if the person who engaged in the regulated dealing proves that—\n\t(a)\tthe person did so as an employee or agent of a registered entity; and\n\t(b)\tthe biosecurity registration authorises the registered entity to engage in the dealing.\nDivision 3—Other requirements\n46—Manifests\n\t(1)\tA person must not bring or introduce any prescribed biosecurity matter into the State for sale or any other commercial purpose unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer.\n\t(2)\tA person must not tranship, or transport through the State, any prescribed biosecurity matter for sale or other commercial purpose in another State unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer.\n\t(3)\tA person referred to in subsection (1) or (2) must, at a quarantine station or on the request of an authorised officer, produce a copy of the manifest.\n47—Biosecurity matter sold for propagation\nA person must not sell any prescribed biosecurity matter for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations.\n48—Packaging and labelling for sale\n\t(1)\tA person must not pack for sale or sell any prescribed biosecurity matter in packaging unless the packaging—\n\t(a)\tis in good repair; and\n\t(b)\tis clean and free from extraneous visible matter; and\n\t(c)\tis free of any objectionable odour; and\n\t(d)\tis labelled in accordance with the regulation; and\n\t(e)\tcomplies with any other requirements prescribed by the regulations.\n\t(2)\tA person must not pack for sale or sell any prescribed biosecurity matter in used packaging except in accordance with the regulations (which may prohibit the use of certain used packaging absolutely or subject to conditions).\nDivision 4—Duty to notify biosecurity event\n49—Biosecurity duty to notify biosecurity event\n\t(1)\tA person who becomes aware of, or who reasonably suspects, the occurrence or likely occurrence of a biosecurity event has a duty (a biosecurity duty)—\n\t(a)\tto notify the occurrence or likely occurrence of the biosecurity event as soon as reasonably practicable after the person becomes aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event in accordance with the regulations; and\n\t(b)\tto comply with any other requirements prescribed by the regulations.\n\t(2)\tThe regulations may prescribe the following:\n\t(a)\tthe form, contents and manner of a notification to be made in respect of a biosecurity event;\n\t(b)\tthe person or persons to whom a notification must be made;\n\t(c)\tthe procedure for requesting or providing further information in respect of a biosecurity event;\n\t(d)\tother matters or procedures in relation to a biosecurity event generally or a class of biosecurity events.\n\t(3)\tA person is not required to notify the occurrence or likely occurrence of a particular biosecurity event under subsection (1) if the person knows or reasonably believes that the biosecurity event has already been notified to a person as envisaged by the regulations under subsection (2).\n\t(4)\tA biosecurity duty arises under this Division only if the person is—\n\t(a)\tthe owner, occupier or person in charge of, or who has the care, custody or control of, premises on which, or in relation to which, the biosecurity event has occurred, is occurring or is likely to occur; or\n\t(b)\ta person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any inspection, analysis, consultation, communication, transaction or other activity undertaken by the person in a professional capacity;\n\t(c)\ta person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any dealing with biosecurity matter, or a carrier, undertaken by the person;\n\t(d)\ta prescribed person, or a prescribed class of persons, in prescribed circumstances.\n50—Failure to comply with biosecurity duty\n\t(1)\tA person must not fail to discharge the person's biosecurity duty under this Division.\n\t(2)\tA person who commits an offence under this section because of failing to comply with the person's biosecurity duty under this Division—\n\t(a)\tcontinues, until the duty is discharged, to be required to discharge the duty; and\n\t(b)\tis guilty of a continuing offence for each day that the failure continues.\n\t(3)\tIn any proceedings for an offence under this section in respect of a biosecurity event, evidence that a reasonable person with the capacity, and in the circumstances, of the defendant ought to have known, or suspected, the occurrence or likely occurrence of the biosecurity event is evidence, unless the contrary is proven, that the defendant held such knowledge or suspicion.\n\t(4)\tIt is a defence to proceedings for an offence under this section in respect of a biosecurity event if the defendant establishes that the defendant did not notify the biosecurity event as required under this Division, because the defendant has reasonable grounds to believe that the biosecurity event was widely and publicly known at the time the defendant allegedly committed the offence.\n51—Protection against self-incrimination\nNotification of a biosecurity event given by a person under this Division is not admissible in evidence against that person in any criminal proceedings, or in other proceedings for the imposition of a penalty, other than proceedings for—\n\t(a)\tan offence under this Division; or\n\t(b)\tan offence under this Act that involves furnishing false or misleading information or failing to furnish material information; or\n\t(c)\tan offence under section 33.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Registration scheme","content":"Part 5—Registration scheme\n52—Nature of biosecurity registration\nBiosecurity registration granted to a person by the relevant Chief Officer under this Part—\n\t(a)\tauthorises the person to engage in the regulated dealing specified in the registration; and\n\t(b)\tonly authorises the dealing or dealings specified in the registration; and\n\t(c)\tdoes not authorise a registered entity to do anything that is prohibited under any other Act.\nDivision 2—Obtaining registration\n53—Application for registration\n\t(1)\tA person may apply to the relevant Chief Officer for biosecurity registration in respect of a regulated dealing.\n\t(b)\tspecify each type of regulated dealing that the person intends to engage in under the registration; and\n\t(c)\tinclude, or be accompanied by, any information or evidence that the relevant Chief Officer reasonably requires in connection with the application; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(3)\tThe relevant Chief Officer may, by written notice, require an applicant for biosecurity registration to provide further information, documents or records relevant to the application.\n\t(4)\tThe applicant may, with the approval of the relevant Chief Officer or at the request of the relevant Chief Officer, amend the application before the relevant Chief Officer has finished considering it.\n\t(5)\tThe relevant Chief Officer may require an applicant for biosecurity registration to lodge a separate application for each regulated dealing that the applicant wishes to engage in under the biosecurity registration.\n54—Grant or refusal of biosecurity registration\n\t(1)\tThe relevant Chief Officer may, after considering an application for biosecurity registration, grant biosecurity registration with or without conditions, or refuse to grant biosecurity registration, to the applicant.\n\t(2)\tBiosecurity registration may be granted in the form the relevant Chief Officer considers appropriate.\n\t(3)\tThe relevant Chief Officer may refuse to grant biosecurity registration to an applicant—\n\t(a)\tif the application for biosecurity registration does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or\n\t(b)\tif the relevant Chief Officer is not satisfied—\n\t(i)\tthat the applicant is a suitable person to be registered; or\n\t(ii)\tif the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is to be registered; or\n\t(c)\tif the relevant Chief Officer considers that any requirements for biosecurity registration relating to standards, codes of practice, protocols or operational procedures have not been followed; or\n\t(d)\tif the relevant Chief Officer considers that it would not be appropriate to grant biosecurity registration to the applicant due to the occurrence of an emergency; or\n\t(e)\ton any prescribed ground; or\n\t(f)\tfor any other reason that the relevant Chief Officer considers to be sufficient reason for refusing the application.\n\t(4)\tIf the relevant Chief Officer refuses to grant biosecurity registration, the relevant Chief Officer must, by written notice—\n\t(5)\tIf the relevant Chief Officer fails to give an applicant notice of a decision to grant or to refuse biosecurity registration within the prescribed period, the relevant Chief Officer is taken to have refused to grant the biosecurity registration.\n55—Duration of biosecurity registration\n\t(1)\tBiosecurity registration remains in force for a period, not exceeding 5 years, specified by the relevant Chief Officer, unless sooner cancelled or surrendered.\n\t(2)\tBiosecurity registration has no effect during any period during which the biosecurity registration is suspended.\n\t(3)\tBiosecurity registration may be renewed in accordance with Division 3.\n56—Periodic fees and annual returns\n\t(1)\tA prescribed registered entity must in each year, on or before a day set or determined by or under the regulations—\n\t(a)\tpay to the Department the prescribed fee; and\n\t(b)\tlodge with the relevant Chief Officer a return in the approved form in a manner determined by the relevant Chief Officer.\n\t(2)\tIf a prescribed registered entity fails to lodge a return or pay a fee in accordance with this section, the relevant Chief Officer may, by written notice, require the prescribed registered entity to make good the default and, in addition, to pay to the Department the amount prescribed as a penalty for default.\n\t(3)\tIf a prescribed registered entity—\n\t(a)\tfails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the biosecurity registration is suspended until the notice is complied with; and\n\t(b)\tfails to comply with any such notice within 3 months after the giving of the notice—the biosecurity registration is cancelled.\n\t(4)\tThe relevant Chief Officer must give written notice of the suspension or cancellation to the relevant entity.\n\t(5)\tIn this section—\nprescribed registered entity means a registered entity of a class prescribed by the regulations for the purposes of this section.\n57—Variation of biosecurity registration\n\t(1)\tThe relevant Chief Officer may, at any time, by written notice to the registered entity, vary the biosecurity registration of the registered entity.\n\t(2)\tA variation of biosecurity registration may be made—\n\t(a)\ton the relevant Chief Officer's own initiative; or\n\t(b)\ton the application of the registered entity.\n\t(3)\tA variation of biosecurity registration may include the variation of a condition of the biosecurity registration.\n\t(4)\tAn application to vary biosecurity registration under subsection (2)(b) must—\n\t(b)\tinclude, or be accompanied by, any information or evidence that the relevant Chief Officer reasonably requires to determine the application; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(5)\tThe relevant Chief Officer may, by written notice, require an applicant for variation of biosecurity registration to provide further information, documents or records relevant to the application.\n\t(6)\tIf the relevant Chief Officer refuses to grant an application for variation of biosecurity registration, the relevant Chief Officer must, by written notice—\n\t(a)\tnotify the registered entity of the decision; and\n\t(b)\tprovide the registered entity with reasons for the decision; and\n\t(c)\tnotify the registered entity that the registered entity may apply for a review of the decision under Part 13.\nDivision 3—Renewal of biosecurity registration\n58—Renewal of biosecurity registration\n\t(1)\tA registered entity may apply to the relevant Chief Officer for renewal of biosecurity registration in respect of a regulated dealing.\n\t(b)\tinclude, or be accompanied by, any information or evidence that the relevant Chief Officer reasonably requires in connection with the application; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(3)\tThe relevant Chief Officer may, by written notice, require an applicant for renewal of biosecurity registration to provide further information, documents or records relevant to the application.\n\t(4)\tThe relevant Chief Officer may require a separate application for each regulated dealing.\n\t(5)\tIf an application for renewal of biosecurity registration in respect of a regulated dealing is duly made to the relevant Chief Officer before the expiry of the biosecurity registration, biosecurity registration is taken to continue in force until the relevant Chief Officer notifies the applicant of a decision to grant or refuse the application.\n\t(6)\tNothing in subsection (5) prevents a registered entity's biosecurity registration from being suspended or cancelled in accordance with this Act before the expiry of the biosecurity registration.\n59—Grant or refusal of renewal of biosecurity registration\n\t(1)\tThe relevant Chief Officer may, after considering an application for renewal of biosecurity registration, renew the biosecurity registration with or without conditions, or refuse to renew the biosecurity registration.\n\t(2)\tThe renewal of biosecurity registration may be granted in the form the relevant Chief Officer considers appropriate.\n\t(3)\tThe relevant Chief Officer may refuse to renew the registered entity's biosecurity registration—\n\t(a)\tif the application for renewal of the registration does not comply with this Act; or\n\t(b)\tif the relevant Chief Officer is not satisfied—\n\t(i)\tthat the registered entity is a suitable person to continue to be registered; or\n\t(ii)\tif the registered entity is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that is a registered entity; or\n\t(c)\tif the relevant Chief Officer considers that any requirements for biosecurity registration relating to standards, codes of practice, protocols or operational procedures have not been followed; or\n\t(d)\tif the relevant Chief Officer considers that it would not be appropriate to renew the biosecurity registration due to the occurrence of an emergency; or\n\t(e)\ton any prescribed ground; or\n\t(f)\tfor any other reason that the relevant Chief Officer considers to be sufficient reason for refusing to renew the biosecurity registration.\n\t(4)\tIf the relevant Chief Officer refuses to renew a registered entity's biosecurity registration, the relevant Chief Officer must, by written notice—\n\t(a)\tnotify the registered entity of the decision; and\n\t(b)\tprovide the registered entity with the reasons for the decision; and\n\t(c)\tnotify the registered entity that the registered entity may apply for a review of the decision under Part 13.\nDivision 4—Conditions of biosecurity registration\n60—Conditions of biosecurity registration\n\t(1)\tThe relevant Chief Officer may impose conditions on a registered entity's biosecurity registration—\n\t(a)\tat the time of the grant, or renewal, of the biosecurity registration; and\n\t(b)\tat any other time by variation to the biosecurity registration under section 57.\n\t(2)\tIn addition to any condition imposed on a registered entity's biosecurity registration under subsection (1), the biosecurity registration may be subject to prescribed conditions.\n\t(3)\tUnless expressly provided under this Act, a section of this Division that authorises a type of condition to be imposed on a registered entity's biosecurity registration does not—\n\t(a)\tprevent other conditions from being imposed on the biosecurity registration; or\n\t(b)\tlimit the type of conditions that may be imposed on the biosecurity registration.\n61—Compliance with standards\nA condition imposed on a registered entity's biosecurity registration may require the registered entity to engage in a regulated dealing in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument.\n62—Conditions requiring specified works or measures\nA condition imposed on a registered entity's biosecurity registration may require the registered entity to carry out specified works, or to put in place specified measures, to prevent, eliminate, minimise, control or manage the biosecurity risk of a biosecurity dealing.\n63—Conditions imposing alternative arrangements\n\t(1)\tA condition imposed on a registered entity's biosecurity registration may require the registered entity to have in place an alternative arrangement that has been approved by the relevant Chief Officer.\n\t(2)\tFor the purposes of subsection (1), an alternative arrangement is a plan or arrangement, relating to the regulated dealing engaged in under the biosecurity registration, that takes effect if—\n\t(a)\tthe registered entity ceases to be authorised to engage in the regulated dealing; or\n\t(b)\tthe registered entity is unable, for any reason, to continue to engage in the regulated dealing.\n64—Conditions for insurance cover\nA condition imposed on a registered entity's biosecurity registration may require the registered entity to take out and maintain a policy of insurance that indemnifies the registered entity against any liability to which the registered entity may become subject in connection with the regulated dealing under the biosecurity registration.\n65—Conditions requiring biosecurity audits\nA condition imposed on a registered entity's biosecurity registration may require the registered entity to co-operate with, or arrange, mandatory biosecurity audits and may provide for the frequency of biosecurity audits.\n66—Conditions requiring financial assurances\nsecured event, in relation to a registered entity's biosecurity registration, includes the following events:\n\t(a)\tthe registered entity contravening a condition on the biosecurity registration, other than a condition referred to in subsection (2);\n\t(b)\tthe registered entity placing any biosecurity matter, that the biosecurity registration authorises the registered entity to deal with, in the care of the Chief Executive;\n\t(c)\tthe registered entity engaging in conduct that the registered entity is not, or is no longer, authorised to engage in under the biosecurity registration;\n\t(d)\tthe registered entity being unable, for any reason, to continue to engage in the regulated dealing authorised to be engaged in under the biosecurity registration.\n\t(2)\tA condition imposed on a registered entity's biosecurity registration may require the registered entity—\n\t(a)\tto provide financial assurance to secure, or guarantee, funding for or towards the doing of anything required as a result of a secured event; and\n\t(b)\tto provide evidence of such financial assurance before the relevant Chief Officer grants, renews, varies, suspends or cancels the biosecurity registration.\n\t(3)\tA condition imposing a financial assurance may specify the assurance to be in 1 or more of the following forms:\n\t(a)\ta bank guarantee;\n\t(b)\ta bond;\n\t(c)\ta prescribed form;\n\t(d)\tany other form that is approved by the relevant Chief Officer.\n\t(4)\tA financial assurance—\n\t(a)\tmay be claimed and realised, despite and without affecting—\n\t(i)\tany liability of the registered entity for a penalty in respect of an offence that may have occurred as a result of the contravention to which the assurance relates; and\n\t(ii)\tany other action that may be taken, or is required to be taken, in relation to any contravention or other circumstances to which the assurance relates; and\n\t(b)\tif it is claimed and realised, is in addition to, and does not prevent the imposition of, a penalty imposed for the contravention of this Act, or a condition of the biosecurity registration, in respect of the contravention to which it relates.\n\t(5)\tUnless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters:\n\t(a)\tthe method of calculating the amount of the financial assurance required;\n\t(b)\tthe circumstances in which all, or any part, of the financial assistance may be claimed, or realised, and the procedure for claiming or realising the financial assurance;\n\t(c)\tthe actions that may be taken following a secured event, including—\n\t(i)\tthe circumstances when those actions may be taken by, or on behalf of, a relevant Chief Officer; and\n\t(ii)\tthe circumstances when the relevant Chief Officer, or a person authorised by the relevant Chief Officer, may enter land to take those actions;\n\t(d)\tthe provision of information in specified circumstances;\n\t(e)\tthe audit of actions that may result in the financial assurance being claimed or realised;\n\t(f)\tthe administrative requirements in relation to the financial assurance;\n\t(g)\tthe release of the financial assurance.\n67—Conditions for record keeping and the provision of information\nA condition imposed on a registered entity's biosecurity registration may require the registered entity—\n\t(a)\tto keep records or other information specified in the condition or determined from time to time by the relevant Chief Officer; and\n\t(b)\tto provide, in a manner and form determined by the relevant Chief Officer, such records or other information as the relevant Chief Officer may from time to time require.\n68—Conditions to take effect later\n\t(1)\tA condition of a registered entity's biosecurity registration may provide that an authorisation conferred by the biosecurity registration does not take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs.\n\t(2)\tWithout limiting subsection (1), the conditions may provide that an authorisation or variation will not take effect until a financial assurance is provided in accordance with a condition.\n69—Failure to comply with condition\n\t(1)\tA registered entity must not contravene a condition of the registered entity's biosecurity registration.\n\t(2)\tA person who commits an offence against subsection (1) because the person contravenes a condition—\n\t(3)\tA penalty imposed in respect of an offence under subsection (1) is in addition to any action taken under Division 5 for the contravention of the condition.\nDivision 5—Suspension, cancellation or surrender of biosecurity registration\n70—Grounds for suspension or cancellation of biosecurity registration\nEach of the following is grounds for suspending or cancelling a registered entity's biosecurity registration:\n\t(a)\tthe registered entity has ceased to undertake the regulated dealing authorised by the biosecurity registration;\n\t(b)\tthe registered entity has contravened this Act or a corresponding law;\n\t(c)\twithout limiting paragraph (b), the registered entity has contravened a condition of the registered entity's biosecurity registration;\n\t(d)\tthe registered entity is not a suitable person to engage in the regulated dealing authorised by the biosecurity registration or, in the case of a body corporate, a director is not a suitable person to be a director of a body corporate that is engaged in the regulated dealing authorised by the biosecurity registration;\n\t(e)\tan application relating to the biosecurity registration of the registered entity was false or misleading in a material particular;\n\t(f)\tthe registered entity has failed to pay fees or charges payable by the registered entity under this Act;\n\t(g)\tit is in the interests of public safety to suspend or cancel the registration;\n\t(h)\tthe relevant Chief Officer receives information about the registered entity and the relevant Chief Officer is of the opinion that, had the information been received at the time when the application for biosecurity registration was made in respect of the registered entity, the relevant Chief Officer would have refused the application;\n\t(i)\tthe suspension or cancellation is necessary in an emergency;\n\t(j)\tany other prescribed ground.\n71—Suspension of biosecurity registration\n\t(1)\tThe relevant Chief Officer may, by written notice to a registered entity, suspend the biosecurity registration of the registered entity if the relevant Chief Officer is satisfied that there are grounds for the suspension of registration.\n\t(3)\tBefore suspending the biosecurity registration of a registered entity, the relevant Chief Officer must—\n\t(a)\tgive written notice to the registered entity of the relevant Chief Officer's intention to suspend the biosecurity registration and the proposed grounds for doing so; and\n\t(b)\tallow the registered entity at least 14 days to make a submission to the relevant Chief Officer about the proposed suspension before the suspension is to occur; and\n\t(c)\ttake into account any submission made to the relevant Chief Officer by the registered entity before the deadline for the making of a submission.\n\t(4)\tThe relevant Chief Officer is not required to give notice under subsection (3) of a proposed suspension if the relevant Chief Officer is of the opinion that the suspension is required urgently because of the biosecurity impact of the regulated dealing being carried out by the registered entity, or in an emergency.\n\t(5)\tHowever, if the relevant Chief Officer suspends a registered entity's biosecurity registration without giving notice under subsection (3), the relevant Chief Officer must—\n\t(a)\tgive the registered entity written notice of the grounds of the suspension as soon as practicable after the suspension occurs; and\n\t(b)\tinvite the registered entity to make a submission to the relevant Chief Officer about the suspension by a specified deadline (being at least 14 days after the notice is given to the registered entity).\n\t(6)\tIf the registered entity makes a submission to the relevant Chief Officer about the suspension before the specified deadline, the relevant Chief Officer must—\n\t(b)\tgive written notice of that decision to the registered entity.\n\t(7)\tA notice under subsection (1) or (6) must also provide information about the right to apply for a review of the decision to suspend the registration under Part 13.\n72—Cancellation of biosecurity registration\n\t(1)\tThe relevant Chief Officer may, by written notice to a registered entity, cancel the biosecurity registration of the registered entity if the relevant Chief Officer is satisfied that there are grounds for the cancellation of registration.\n\t(3)\tBefore cancelling the biosecurity registration of a registered entity, the relevant Chief Officer must—\n\t(a)\tgive written notice to the registered entity of the relevant Chief Officer's intention to cancel the biosecurity registration and the proposed grounds for doing so; and\n\t(b)\tallow the registered entity at least 14 days to make a submission to the relevant Chief Officer about the proposed cancellation before the cancellation is to occur; and\n\t(c)\ttake into account any submission made to the relevant Chief Officer by the registered entity before the deadline for the making of a submission.\n\t(4)\tThe relevant Chief Officer is not required to give notice under this section of a proposed cancellation if the biosecurity registration of the registered entity is suspended and either—\n\t(a)\tthe registered entity was given an opportunity to make a submission about the suspension before the suspension took effect; or\n\t(b)\tthe registered entity was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified for making that submission has ended.\n\t(5)\tA notice under subsection (1) must also provide information about the right to apply for a review of the decision to cancel the registration under Part 13.\n73—Surrender of biosecurity registration\n\t(1)\tA registered entity may surrender the registered entity's biosecurity registration in respect of a regulated dealing.\n\t(2)\tThe surrender of a registered entity's biosecurity registration must—\n\t(b)\tbe made to the relevant Chief Officer; and\n\t(c)\tbe accompanied by the relevant prescribed fee; and\n\t(d)\tinclude or be accompanied by any information or evidence required by the relevant Chief Officer to determine the consequences that may result from the surrender of the biosecurity registration.\n\t(3)\tThe surrender of a registered entity's biosecurity registration does not take effect until the relevant Chief Officer has given the registered entity written notice that the relevant Chief Officer is satisfied that all biosecurity matter and carriers will be dealt with appropriately by the registered entity.\n\t(4)\tOn the surrender of a registered entity's biosecurity registration taking effect, the biosecurity registration is cancelled.\n74—Effect of suspension, cancellation or surrender\n\t(1)\tA registered entity's biosecurity registration may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the relevant Chief Officer may impose.\n\t(i)\tthat all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the biosecurity registration; and\n\t(b)\tmay include, but is not limited to, any conditions to which the biosecurity registration was subject immediately before it was suspended, cancelled or surrendered.\n\t(3)\tThe relevant Chief Officer may, by written notice given to the registered entity or former registered entity, vary a condition imposed under this section.\n\t(4)\tA registered entity or former registered entity must comply with a condition attached to the suspension, cancellation or surrender of the entity's biosecurity registration.\nDivision 6—Identification codes\n75—Identification codes\n\t(1)\tThe regulations may provide for 1 or more schemes for the allocation by a Chief Officer of codes identifying—\n\t(a)\tbiosecurity matter; or\n\t(b)\tplaces where biosecurity matter of a specified class may be kept or handled; or\n\t(c)\tpersons who may be authorised to keep or handle biosecurity matter under a particular scheme.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe period for which an identification code remains active and the renewal of an identification code; and\n\t(b)\tthe persons who may apply for the allocation or renewal of an identification code or who may make other applications relating to an identification code; and\n\t(c)\tthe cancellation of an identification code; and\n\t(d)\tthe association of other codes identifying biosecurity matter with an identification code; and\n\t(e)\tthe determination at the discretion of a Chief Officer of the boundaries of a place allocated an identification code and the variation of those boundaries; and\n\t(f)\tthe keeping of a record of identification codes and other information and the circumstances in which information may or may not be made available.\n\t(3)\tIf a person does not have a current identification code as required by the regulations, the person is guilty of an offence.\n","sortOrder":10},{"sectionNumber":"Part 6","sectionType":"part","heading":"Biosecurity accreditation, auditing and certification—administration","content":"Part 6—Biosecurity accreditation, auditing and certification—administration\n76—Interpretation\namendment of an appointment policy or an accreditation policy includes an addition, revocation or substitution;\nrelevant authorisation means—\n\t(a)\tin relation to an accreditation authority, the approval of a person as an accreditation authority; and\n\t(b)\tin relation to a biosecurity auditor, the appointment of a person as a biosecurity auditor; and\n\t(c)\tin relation to a biosecurity certifier, the accreditation of a person as a biosecurity certifier;\nrelevant decision-maker means—\n\t(a)\tin the case of an application relating to an accreditation authority—the Chief Executive; and\n\t(b)\tin the case of an application relating to a biosecurity auditor—an accreditation authority; and\n\t(c)\tin the case of an application relating to a biosecurity certifier—an accreditation authority.\n77—Appointment policy for biosecurity auditors\n\t(1)\tAn accreditation authority that is authorised to appoint biosecurity auditors under this Act must adopt a policy in relation to the appointment of biosecurity auditors (an appointment policy).\n\t(2)\tAn appointment policy may make provision for, or in respect to, the following matters:\n\t(a)\tthe qualifications, skills, knowledge and experience required for a person to be appointed as a biosecurity auditor by the accreditation authority;\n\t(b)\tthe suitability of a person to carry out the function of performing biosecurity audits as a biosecurity auditor appointed by the accreditation authority;\n\t(c)\tany other prescribed matter.\n\t(3)\tAn appointment policy adopted by an accreditation authority (other than the Chief Executive) has no effect unless it, and any amendment to it, have been approved by the Chief Executive.\n\t(a)\tis minor in nature or for the purposes of correcting an error; or\n\t(iii)\tthe provider of a course or qualification; or\n\t(5)\tAn accreditation authority must ensure that an appointment policy is publicly available.\n\t(6)\tAn accreditation authority may adopt different appointment policies for different types or classes of—\n\t(a)\tbiosecurity auditors; or\n\t(b)\tbiosecurity audits.\n\t(7)\tA reference in this Act to an appointment policy is a reference to the appointment policy, as adopted by the relevant accreditation authority, that is relevant to the appointment or type of appointment to which the reference relates.\n78—Accreditation policy for biosecurity certifiers\n\t(1)\tAn accreditation authority that is authorised to accredit biosecurity certifiers under this Act must adopt a policy in relation to the accreditation of biosecurity certifiers (an accreditation policy).\n\t(2)\tAn accreditation policy may make provision for, or in respect to, the following matters:\n\t(a)\tthe qualifications, skills, knowledge and experience required for a person to be accredited as a biosecurity certifier by the accreditation authority;\n\t(b)\tthe suitability of a person to carry out the function of issuing biosecurity certificates as a biosecurity certifier accredited by the accreditation authority;\n\t(c)\tany other prescribed matter.\n\t(3)\tAn accreditation policy adopted by an accreditation authority (other than the Chief Executive) has no effect unless it, and any amendment to it, have been approved by the Chief Executive.\n\t(a)\tis minor in nature or for the purposes of correcting an error; or\n\t(iii)\tthe provider of a course or qualification; or\n\t(5)\tAn accreditation authority must ensure that an accreditation policy is publicly available.\n\t(6)\tAn accreditation authority may adopt an accreditation policy for each type of accreditation.\n\t(7)\tA reference in this Act to an accreditation policy is a reference to the accreditation policy, as adopted by the relevant accreditation authority, that is relevant to the accreditation to which the reference relates.\nDivision 2—Accreditation authorities\n79—Accreditation authorities\n\t(1)\tFor the purposes of this Act, an accreditation authority includes—\n\t(a)\tthe Chief Executive; and\n\t(b)\ta person approved by the Chief Executive to be an accreditation authority.\n\t(2)\tAn accreditation authority is authorised under this Act—\n\t(a)\tto appoint persons as biosecurity auditors or to accredit persons as biosecurity certifiers; and\n\t(b)\tto require biosecurity audits to be performed in certain circumstances.\n\t(3)\tAn approval by the Chief Executive under subsection (1)(b) may authorise the accreditation authority to act as an accreditation authority in respect of—\n\t(a)\ta specified class of biosecurity auditors or biosecurity audits; or\n\t(b)\ta specified class of biosecurity certifiers or biosecurity certificates.\n\t(4)\tAn approval by the Chief Executive under subsection (1)(b) may be subject to such conditions and limitations as the Chief Executive thinks fit.\n\t(5)\tFor the purposes of this Act, a reference to an accreditation authority in respect of a function or power of an accreditation authority only includes a reference to a person approved by the Chief Executive under subsection (1)(b) if the person has been approved to perform the function or to exercise the power.\n80—Responsible accreditation authority\n\t(1)\tSubject to this section, the accreditation authority that—\n\t(a)\tappoints a person as a biosecurity auditor; or\n\t(b)\tgrants accreditation to a person as a biosecurity certifier,\nis the responsible accreditation authority in relation to that appointment or accreditation (as the case may be).\n\t(2)\tIf an accreditation authority other than the responsible accreditation authority under subsection (1)—\n\t(a)\trenews a biosecurity auditor's appointment as a biosecurity auditor; or\n\t(b)\trenews a biosecurity certifier's appointment as a biosecurity certifier,\nthe accreditation authority that renews the appointment or accreditation is then taken to be the responsible accreditation authority in relation to that appointment or accreditation.\n\t(3)\tFor the purposes of this Act, the Chief Executive may, but is not required to, perform or exercise any of the functions or powers of the responsible accreditation authority in relation to an appointment or accreditation for which there is a responsible accreditation authority.\n\t(4)\tIf a responsible accreditation authority ceases to be an accreditation authority in respect of an appointment or accreditation for which it is a responsible accreditation authority—\n\t(a)\tthe accreditation authority ceases to be the responsible accreditation authority in respect of the appointment or accreditation; and\n\t(b)\tthe functions and powers of a responsible accreditation authority in respect of the appointment may be performed by—\n\t(i)\tan accreditation authority approved by the Chief Executive to perform or exercise those functions or powers in respect of the appointment or accreditation; or\n\t(ii)\tan accreditation authority approved by the Chief Executive as the responsible accreditation authority in respect of the appointment or accreditation; or\n\t(iii)\tif no accreditation authority has been so approved under subparagraph (i) or (ii), the Chief Executive.\nDivision 3—Applications\n81—Applications\n\t(1)\tA person may apply to the relevant decision-maker for—\n\t(a)\tapproval as an accreditation authority; or\n\t(b)\tappointment as a biosecurity auditor; or\n\t(c)\taccreditation as a biosecurity certifier.\n\t(a)\tbe made in a form approved by the relevant decision-maker; and\n\t(b)\tinclude, or be accompanied by, any prescribed information or evidence; and\n\t(c)\tinclude, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and\n\t(d)\tbe accompanied by the relevant application fee specified in subsection (3), if any.\n\t(a)\tif the relevant decision-maker is the Chief Executive, the prescribed amount; or\n\t(4)\tIf an application is made to a relevant decision-maker other than the Chief Executive, the application fee in relation to the application is payable to, and is to be retained by, the relevant decision-maker.\n\t(5)\tThe relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application.\n\t(6)\tA person who is applying under subsection (1)(b) or (c) must allow an authorised officer or a biosecurity auditor, acting at the request of the relevant decision-maker, to inspect any premises, vehicles, facilities, plant or equipment, or any other thing, proposed to be used by the person in connection with the performance of the functions or the exercise of the powers of a biosecurity auditor or biosecurity certifier (as the case may be).\n\t(7)\tThe applicant may, with the approval of the relevant decision-maker or at the request of the relevant decision-maker, amend the application before the relevant decision-maker has finished considering it.\n82—Grant or refusal of application\n\t(1)\tThe relevant decision-maker may, after considering an application under this Division, grant the relevant authorisation with or without conditions, or refuse to grant the relevant authorisation, to the applicant.\n\t(2)\tThe relevant decision-maker must refuse to grant the relevant authorisation in prescribed circumstances.\n\t(3)\tThe relevant decision-maker may refuse to grant the relevant authorisation to the applicant—\n\t(a)\tif the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or\n\t(b)\tif the relevant decision-maker is not satisfied that the applicant has the qualifications, skills, knowledge and experience required under this Act for the relevant authorisation; or\n\t(c)\tif the relevant decision-maker is not satisfied—\n\t(i)\tthat the applicant is a suitable person to be granted the relevant authorisation; or\n\t(ii)\tif the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is to be granted the relevant authorisation; or\n\t(e)\tfor any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application.\n\t(4)\tIf the relevant decision-maker grants an application under this Division, the relevant decision-maker must—\n\t(a)\tby written notice, notify the applicant of the decision; and\n\t(b)\tissue the applicant with a certificate or identity card in an approved form.\n\t(5)\tIf the relevant decision-maker refuses to grant the relevant authorisation, the relevant decision-maker must, by written notice—\n\t(6)\tIf the relevant decision-maker fails to give an applicant notice of a decision to grant or to refuse the relevant authorisation within the prescribed period, the relevant decision-maker is taken to have refused to grant the relevant authorisation.\n83—Scope of appointment or accreditation\n\t(1)\tIn relation to the appointment of a person as a biosecurity auditor, the responsible accreditation authority, in the instrument of appointment (and as part of the relevant authorisation)—\n\t(a)\tmay specify a class or classes of biosecurity audits that the biosecurity auditor is authorised to perform; and\n\t(b)\tmay specify other limitations that apply in relation to the appointment of the biosecurity auditor.\n\t(2)\tIn relation to the accreditation of a person as a biosecurity certifier, the responsible accreditation authority, in the instrument of accreditation (and as part of the relevant authorisation)—\n\t(a)\tmust specify—\n\t(i)\tthe class or classes of biosecurity certificates that the biosecurity certifier is accredited to issue; and\n\t(ii)\tthe class or classes of biosecurity matter or carriers in respect of which the biosecurity certifier is authorised to act; and\n\t(b)\tmay specify other limitations that apply in relation to the accreditation of the biosecurity certifier.\n\t(3)\tTo avoid doubt, nothing in this Act authorises or requires a biosecurity auditor or biosecurity certifier to act in contravention of a condition or limitation of the biosecurity auditor's appointment as a biosecurity auditor or the biosecurity certifier's accreditation as a biosecurity certifier (as the case may be).\n84—Duration of relevant authorisation\n\t(1)\tA relevant authorisation remains in force for a period, not exceeding 5 years, specified by the relevant decision-maker, unless sooner cancelled or suspended.\n\t(2)\tA relevant authorisation has no effect during any period during which the relevant authorisation is suspended.\n\t(3)\tA relevant authorisation may be renewed in accordance with Division 4.\n85—Variation of relevant authorisation\n\t(1)\tA relevant decision-maker may, at any time, by written notice, vary a person's—\n\t(a)\tapproval as an accreditation authority; or\n\t(b)\tappointment as a biosecurity auditor; or\n\t(c)\taccreditation as a biosecurity certifier.\n\t(b)\ton the application of the holder of the relevant authorisation.\n\t(3)\tA variation of a relevant authorisation may include the variation of a condition of the relevant authorisation.\n\t(a)\tthe form and procedure for an application for a variation; and\n\t(b)\tmatters to be included in a notice of variation, or in a notice of a decision to refuse an application for a variation.\n\t(5)\tA prescribed fee may be payable in relation to an application for a variation.\nDivision 4—Renewal of relevant authorisation\n86—Applications to renew\n\t(1)\tThe holder of a relevant authorisation may apply to the relevant decision-maker for renewal of the relevant authorisation.\n\t(a)\tbe made at least 28 days before the expiry of the relevant authorisation, or within such shorter period as the relevant decision-maker may, in its absolute discretion, allow; and\n\t(b)\tbe made in a form approved by the relevant decision-maker; and\n\t(c)\tinclude, or be accompanied by, any prescribed information or evidence; and\n\t(d)\tinclude, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and\n\t(e)\tbe accompanied by the relevant application fee specified in subsection (3), if any.\n\t(a)\tif the relevant decision-maker is the Chief Executive, the prescribed amount; or\n\t(4)\tIf an application is made to a relevant decision-maker other than the Chief Executive, the application fee in relation to the application is payable to, and is to be retained by, the relevant decision-maker.\n\t(5)\tThe relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application.\n\t(6)\tIf an application for renewal of a relevant authorisation is duly made to the relevant decision-maker within the period applying under subsection (2)(a), the relevant authorisation is taken to continue in force until the relevant decision-maker notifies the applicant of a decision to grant or refuse the application.\n\t(7)\tNothing in subsection (6) prevents the relevant authorisation from being suspended or cancelled in accordance with this Act before the expiry of the relevant authorisation.\n87—Grant or refusal of renewal of relevant authorisation\n\t(1)\tThe relevant decision-maker may, after considering an application for renewal of a relevant authorisation, renew the relevant authorisation with or without conditions, or refuse to renew the relevant authorisation.\n\t(2)\tThe relevant decision-maker must refuse to renew the relevant authorisation in prescribed circumstances.\n\t(3)\tThe relevant decision-maker may refuse to renew the relevant authorisation—\n\t(a)\tif the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or\n\t(b)\tif the relevant decision-maker is not satisfied that the applicant has the qualifications, skills, knowledge and experience required under this Act to continue to hold the relevant authorisation; or\n\t(c)\tif the relevant decision-maker is not satisfied—\n\t(i)\tthat the applicant is a suitable person to continue to hold the relevant authorisation; or\n\t(ii)\tif the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is the holder of the relevant authorisation; or\n\t(e)\tfor any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application.\n\t(4)\tIf the relevant decision-maker refuses to renew a relevant authorisation, the relevant decision-maker must, by written notice—\nDivision 5—Conditions of relevant authorisation\n88—Conditions of relevant authorisation\n\t(1)\tA relevant decision-maker (including such an entity acting as the responsible accreditation authority) may impose conditions on a person's relevant authorisation—\n\t(a)\tat the time of the grant, or renewal, of the relevant authorisation; or\n\t(b)\tat any other time by variation to the relevant authorisation under section 85.\n\t(2)\tIn addition to any condition imposed on a person's relevant authorisation under subsection (1), the relevant authorisation may be subject to prescribed conditions.\n\t(3)\tUnless expressly provided under this Act, a section of this Division that authorises a type of condition to be imposed on a person's relevant authorisation does not—\n\t(a)\tprevent other conditions being imposed on the relevant authorisation; or\n\t(b)\tlimit the type of condition that may be imposed on the relevant authorisation.\n89—Conditions of approval as accreditation authority\n\t(1)\tApproval as an accreditation authority is subject to the condition that the functions of the accreditation authority under this Act will be carried out only by individuals who are notified to the Chief Executive (in such manner as the Chief Executive thinks fit) as individuals who are to carry out those functions for the accreditation authority.\n\t(2)\tA condition imposed on an approval as an accreditation authority may require the accreditation authority to perform the functions of an accreditation authority in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument.\n90—Conditions of appointment as a biosecurity auditor\n\t(1)\tAppointment as a biosecurity auditor is subject to the condition that the conduct of biosecurity audits by the biosecurity auditor will be carried out only by an individual—\n\t(a)\twho has the qualifications, skills, knowledge and experience required by the relevant decision-maker appointment policy; and\n\t(b)\twho is the biosecurity auditor or an identified individual with respect to the conduct of biosecurity audits by the biosecurity auditor.\n\t(2)\tA condition imposed on an appointment as a biosecurity auditor may—\n\t(a)\trequire the biosecurity auditor to perform the functions of a biosecurity auditor in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument;\n\t(b)\tlimit the area of the State in which the biosecurity auditor may perform the functions of a biosecurity auditor;\n\t(c)\tfix fees to be paid to the responsible accreditation authority.\n91—Conditions of accreditation as a biosecurity certifier\nA condition imposed on the accreditation of a biosecurity certifier may—\n\t(a)\trequire the biosecurity certifier to perform the functions of a biosecurity certifier in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument;\n\t(b)\trequire the biosecurity certifier to take out and maintain a policy of insurance that indemnifies the biosecurity certifier against any liability to which the biosecurity certifier may become subject in connection with the performing, or purporting to perform, the functions of a biosecurity certifier;\n\t(c)\trequire the biosecurity certifier to keep specified records and to provide to the responsible accreditation authority, in a manner and form determined by the responsible accreditation authority, such information as the responsible accreditation authority may specify from time to time;\n\t(d)\tprovide for an audit to be conducted from time to time of all or part of the biosecurity certifier's operations (at a cost to be charged to the biosecurity certifier) and for the reporting of the results of the audit to the responsible accreditation authority or the Chief Executive (or both).\n92—Failure to comply with condition\n\t(1)\tAn accreditation authority must not contravene a condition of the accreditation authority's approval as an accreditation authority.\n\t(2)\tA biosecurity auditor must not contravene a condition of the biosecurity auditor's appointment as a biosecurity auditor.\n\t(3)\tA biosecurity certifier must not contravene a condition of the biosecurity certifier's accreditation as a biosecurity certifier.\n\t(4)\tA person who commits an offence under this section because the person contravenes a condition—\n\t(a)\tcontinues, until the contravention ceases, to be liable for a contravention of the relevant subsection; and\n\t(5)\tA penalty imposed in respect of an offence under this section is in addition to any action taken under Division 6 for the contravention of the condition.\nDivision 6—Suspension, cancellation or surrender of relevant authorisation\n93—Grounds for suspension or cancellation of relevant authorisation\nEach of the following is grounds for suspending or cancelling a relevant authorisation:\n\t(a)\tthe holder of the relevant authorisation has contravened this Act or a corresponding law;\n\t(b)\twithout limiting paragraph (a), the holder of the relevant authorisation has contravened a condition of the relevant authorisation;\n\t(c)\tthe holder of the relevant authorisation no longer has the qualifications, skills, knowledge or experience required under this Act to continue to hold the relevant authorisation;\n\t(d)\tthe holder of the relevant authorisation is not a suitable person to continue to hold the relevant authorisation or, in the case of a body corporate, a director is not a suitable person to be a director of a body corporate that is the holder of the relevant authorisation;\n\t(e)\tan application relating to the relevant authorisation was false or misleading in a material particular;\n\t(f)\tthe relevant decision-maker receives information about the holder of the relevant authorisation and the relevant decision-maker is of the opinion that, had the information been received at the time when the application for the relevant authorisation was made in respect of the holder of the relevant authorisation, the relevant decision-maker would have refused the application;\n\t(g)\tthe holder of the relevant authorisation has ceased to undertake the activity authorised under the relevant authorisation;\n\t(h)\tthe holder of the relevant authorisation has failed to pay a fee or charge under this Act within the time required for payment;\n\t(i)\tany other prescribed ground.\n94—Suspension of relevant authorisation\n\t(1)\tThe relevant decision-maker may, by written notice to the holder of a relevant authorisation, suspend the relevant authorisation if the relevant decision-maker is satisfied that there are grounds for the suspension of the relevant authorisation.\n\t(3)\tBefore suspending the relevant authorisation, the relevant decision-maker must—\n\t(a)\tgive written notice to the holder of the relevant authorisation of the relevant decision-maker's intention to suspend the relevant authorisation and the proposed grounds for doing so; and\n\t(b)\tallow the holder of the relevant authorisation at least 14 days to make a submission to the relevant decision-maker about the proposed suspension; and\n\t(c)\ttake into account any submission made to the relevant decision-maker by the holder of the relevant authorisation before the deadline for the making of a submission.\n\t(4)\tIf the holder of the relevant authorisation makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must—\n\t(a)\tdecide whether the suspension should proceed, having regard to that submission; and\n\t(5)\tA notice under subsection (1) or (4) must also provide information about the right to apply for a review of the decision to suspend the relevant authorisation under Part 13.\n95—Cancellation of relevant authorisation\n\t(1)\tThe relevant decision-maker may, by written notice to the holder of a relevant authorisation, cancel the relevant authorisation if the relevant decision-maker is satisfied that there are grounds for the cancellation of the relevant authorisation.\n\t(3)\tBefore cancelling the relevant authorisation, the relevant decision-maker must—\n\t(a)\tgive written notice to the holder of the relevant authorisation of the relevant decision-maker's intention to cancel the relevant authorisation and the proposed grounds for doing so; and\n\t(b)\tallow the holder of the relevant authorisation at least 14 days to make a submission to the relevant decision-maker about the proposed cancellation; and\n\t(c)\ttake into account any submission made to the relevant decision-maker by the holder of the relevant authorisation before the deadline for the making of a submission.\n\t(4)\tIf the holder of the relevant authorisation makes a submission to the relevant decision-maker about the cancellation before the specified deadline, the relevant decision-maker must—\n\t(a)\tdecide whether the cancellation should proceed, having regard to that submission; and\n\t(5)\tThe relevant decision-maker is not required to give notice under this section of a proposed cancellation if the relevant authorisation is suspended and either—\n\t(a)\tthe holder of the relevant authorisation was given an opportunity to make a submission about the suspension before the suspension took effect; or\n\t(b)\tthe holder of the relevant authorisation was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified for making that submission has ended.\n\t(6)\tA notice under subsection (1) or (4) must also provide information about the right to apply for a review of the decision to cancel the relevant authorisation under Part 13.\n\t(7)\tIf a relevant authorisation is cancelled under this section, the person who held the relevant authorisation must return immediately to the relevant decision-maker any identity card or similar document that was issued to the person in connection with the relevant authorisation.\nMaximum penalty: $1 000.\n96—Immediate suspension in certain circumstances\n\t(1)\tThe relevant decision-maker may immediately, and without notice, suspend a relevant authorisation if satisfied that—\n\t(a)\tthe suspension is necessary for public health or safety; or\n\t(b)\tthe holder of the relevant authorisation has failed to comply with the relevant authorisation and that failure is of such significance that the relevant authorisation should be suspended; or\n\t(c)\tthe holder of the relevant authorisation has engaged in fraudulent behaviour under the relevant authorisation.\n\t(2)\tHowever, if the relevant decision-maker suspends a relevant authorisation without giving prior notice to the holder of the relevant authorisation, the relevant decision maker must—\n\t(a)\tgive the holder of the relevant authorisation written notice of—\n\t(i)\tthe grounds for the suspension; and\n\t(ii)\tthe actions required, if any, for the suspension to be lifted; and\n\t(b)\tinvite the holder of the relevant authorisation to make a submission to the relevant decision-maker about the suspension by a specified deadline that is at least 14 days after the notice is given to the holder of the relevant authorisation.\n\t(3)\tIf the holder of the relevant authorisation makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must—\n97—Surrender of relevant authorisation\n\t(1)\tThe holder of a relevant authorisation may surrender the relevant authorisation.\n\t(2)\tThe surrender of a relevant authorisation must—\n\t(a)\tbe made to the relevant decision-maker; and\n\t(b)\tbe made in a form approved by the relevant decision-maker; and\n\t(c)\tbe accompanied by the applicable application fee specified in subsection (3), if any; and\n\t(d)\tinclude or be accompanied by any information or evidence required by the relevant decision-maker to determine the consequences that may result from the surrender of the relevant authorisation.\n\t(a)\tof the relevant decision-maker is the Chief Executive, the prescribed amount; or\n\t(4)\tThe surrender of a relevant authorisation does not take effect until the relevant decision-maker has given the holder of the relevant authorisation written notice that the surrender of the relevant authorisation is approved.\n\t(5)\tOn the surrender of a registered entity's biosecurity registration taking effect, the biosecurity registration is cancelled.\n98—Effect of suspension, cancellation or surrender\n\t(1)\tA relevant authorisation may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the relevant decision-maker may impose.\n\t(i)\tthat all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the relevant authority; and\n\t(b)\tmay include, but is not limited to, any conditions to which the relevant authorisation was subject immediately before it was suspended, cancelled or surrendered.\n\t(3)\tThe relevant decision-maker may, by written notice given to the holder or former holder of the relevant authorisation, vary a condition imposed under this section.\n\t(4)\tA holder or former holder of the relevant authority must comply with a condition attached to the suspension, cancellation or surrender of the relevant authorisation.\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"Biosecurity audits and certification","content":"Part 7—Biosecurity audits and certification\nDivision 1—Biosecurity audits\n99—Interpretation\ndesignated authority means—\n\t(b)\ta Chief Officer; or\n\t(c)\tan accreditation authority.\n","sortOrder":12},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Authority to act","content":"Subdivision 2—Authority to act\n100—Biosecurity auditors\n\t(1)\tA biosecurity auditor is authorised under this Act to perform—\n\t(a)\tbiosecurity audits as required under this Act; and\n\t(b)\tany other functions conferred on a biosecurity auditor by, or under, this Act.\n\t(2)\tThe authorisation of a biosecurity auditor to perform biosecurity audits is subject to—\n\t(a)\tany provision made by the responsible accreditation authority as to the class (or classes) of biosecurity audits that the biosecurity auditor is authorised to perform; and\n\t(b)\tany conditions or limitations that apply in relation to the appointment of the biosecurity auditor.\n101—Approval of authorised officer to perform functions of biosecurity auditor\n\t(1)\tThe Chief Executive may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity auditor.\n\t(2)\tAn approval under subsection (1)—\n\t(a)\tmay apply to a specified authorised officer or to any class of authorised officers; and\n\t(b)\tmay be subject to such conditions or limitations as are specified in the approval.\n\t(3)\tAn approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Chief Executive.\n\t(4)\tThe Chief Executive may, by written instrument, revoke or vary an approval under this section at any time.\n\t(5)\tThe approval of a person as a biosecurity auditor under this section ceases to be in force if the person—\n\t(a)\tceases to be an authorised officer; or\n\t(b)\tceases to be an authorised officer of a particular class specified in the approval.\n\t(6)\tIn this Act, a reference to—\n\t(a)\ta biosecurity auditor appointed under this Act; or\n\t(b)\ta person appointed as a biosecurity auditor,\nincludes a reference to a person approved to perform the functions of a biosecurity auditor under this section.\n102—Entry to premises by biosecurity auditor\n\t(1)\tA biosecurity auditor who is also an authorised officer may perform their functions as a biosecurity auditor on premises entered under their functions as an authorised officer.\n\t(2)\tA biosecurity auditor who is not an authorised officer may enter premises for the purpose of performing the biosecurity auditor's functions as a biosecurity auditor if accompanying, or being accompanied by, an authorised officer who enters those premises in the performance of their functions as an authorised officer.\n\t(3)\tNothing in this section prevents a biosecurity auditor from—\n\t(a)\tentering or remaining on premises or doing something else on premises, with the consent of an occupier of the premises; or\n\t(b)\tentering or remaining on any public place while the place is open to the public; or\n\t(c)\tentering or remaining on premises or any public place in circumstances prescribed by the regulations.\n103—Use of assistants\nA biosecurity auditor performing a function conferred by or under this Act may perform the function with the assistance of such other persons as the biosecurity auditor considers necessary in the circumstances (subject to any conditions of appointment as a biosecurity auditor).\n","sortOrder":13},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Biosecurity audits generally","content":"Subdivision 3—Biosecurity audits generally\n104—Biosecurity audits\nThe following types of audits are biosecurity audits and may be performed under this Act by a biosecurity auditor:\n\t(a)\tan accreditation audit;\n\t(b)\ta compliance audit.\n105—Biosecurity audit mandatory in certain circumstances\n\t(1)\tA biosecurity audit is mandatory if a designated authority has required the audit to be performed.\n\t(2)\tNothing in this section prevents a biosecurity audit from being voluntarily performed at any time.\n106—Reporting requirements\n\t(1)\tA biosecurity auditor must prepare a written report about each biosecurity audit performed by the biosecurity auditor.\n\t(2)\tA copy of the report must be submitted in accordance with subsection (3)—\n\t(a)\tto the person who required the audit to be performed; and\n\t(b)\tto the audit target.\n\t(3)\tA copy of a report submitted under subsection (2) must be submitted—\n\t(a)\twithin 21 days after completion of the biosecurity audit; or\n\t(b)\tif another period is prescribed by the regulations, within the prescribed period.\n\t(4)\tA report under this section must include the following information:\n\t(a)\twhether or not the audit target is complying, and capable of complying, with this Act;\n\t(b)\tif the biosecurity auditor believes that the audit target is not complying with, or not capable of complying with, this Act, the reasons for that belief;\n\t(c)\tif the biosecurity auditor indicates contravention of this Act or other deficiencies—\n\t(i)\tthe nature of those contraventions or other deficiencies; and\n\t(ii)\tthe actions that are required to remedy those contraventions or deficiencies;\n\t(d)\tif a previous biosecurity audit has indicated contraventions or other deficiencies, the actions (if any) that have been taken to remedy those contraventions or other deficiencies;\n\t(e)\tsuch other matters as may be prescribed.\n\t(5)\tA biosecurity auditor must provide a copy of a report to the Chief Executive or the relevant Chief Officer if so directed to do so by the Chief Executive or relevant Chief Officer.\n107—Biosecurity auditor to provide immediate report in certain circumstances\n\t(1)\tA biosecurity auditor must report to the relevant Chief Officer if, during a biosecurity audit, the biosecurity auditor becomes aware of, or suspects, any of the following occurrences:\n\t(a)\tany incidence of critical non-compliance by the audit target;\n\t(b)\tthat a biosecurity certificate has been issued that is false or misleading in a material particular;\n\t(c)\tthat a person is in possession of biosecurity matter in contravention of this Act;\n\t(d)\tthe occurrence or likely occurrence of a biosecurity event;\n\t(e)\tany occurrence of a kind prescribed by the regulations.\n\t(2)\tA report under subsection (1) must be given orally to the relevant Chief Officer—\n\t(a)\tas soon as possible; and\n\t(b)\tno later than 24 hours after the biosecurity auditor becomes aware of the occurrence.\n\t(3)\tA biosecurity auditor must give the relevant Chief Officer a written report under subsection (1) within 5 days after becoming aware of the occurrence.\n\t(4)\tFor the purposes of this Act, the requirement to make a report under this section is taken to be a condition of appointment of each biosecurity auditor.\n","sortOrder":14},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Accreditation audits","content":"Subdivision 4—Accreditation audits\n108—Accreditation audits\nAn accreditation audit is an audit that is performed in respect of a person—\n\t(a)\tto determine whether the person is eligible—\n\t(i)\tto hold biosecurity registration; or\n\t(ii)\tto be appointed as a biosecurity auditor; or\n\t(iii)\tto hold accreditation as a biosecurity certifier; or\n\t(iv)\tto hold a permit under this Act; or\n\t(b)\tto assess whether the person is capable of complying, or is reasonably likely to comply, with this Act.\n109—Imposition of requirement to perform accreditation audit\n\t(1)\tThe Chief Executive may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, approval to perform any of the functions of an accreditation authority under this Act.\n\t(2)\tA Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, biosecurity registration under this Act.\n\t(3)\tA Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, a permit under this Act.\n\t(4)\tAn accreditation authority may require an accreditation audit to be performed in relation to the following applications to be determined by an accreditation authority:\n\t(a)\tan application for the grant or renewal of, or a variation to, appointment as a biosecurity auditor;\n\t(b)\tan application for the grant or renewal of, or a variation to, accreditation as a biosecurity certifier.\n\t(5)\tAn accreditation authority, other than the Chief Executive, must require an accreditation audit to be performed in relation to an application—\n\t(a)\tif directed to do so by the Chief Executive; or\n\t(b)\tif required to do so under the conditions of its approval as an accreditation authority.\n\t(6)\tIf an accreditation audit is required to be performed under this section, the audit target must be notified in accordance with the regulations.\n110—Engagement of auditor\nA designated authority that requires an accreditation audit to be performed may—\n\t(a)\tengage a biosecurity auditor to perform the audit; or\n\t(b)\tdirect the audit target to engage a biosecurity auditor to perform the audit and specify requirements relating to—\n\t(i)\tthe engagement of the biosecurity auditor; and\n\t(ii)\tthe scope of the accreditation audit to be performed.\n111—Functions of biosecurity auditors - accreditation audits\n\t(1)\tA biosecurity auditor has the following functions in connection with a biosecurity audit, subject to any limitations specified in the biosecurity auditor's instrument of engagement as a biosecurity auditor:\n\t(a)\tto assess the audit target's suitability for the grant, renewal or variation of the biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires);\n\t(b)\tto assess whether the audit target has the qualifications, skills, knowledge and experience (if any) required for biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires);\n\t(c)\tto assess the audit target's compliance with, and capability of complying with, the requirements imposed or proposed to be imposed by or under this Act;\n\t(d)\tto report, to the person who requires the accreditation audit, on the biosecurity auditor's assessment of those matters.\n\t(2)\tA biosecurity auditor has such other functions in connection with a biosecurity audit as are—\n\t(a)\tprescribed by the regulations; or\n\t(b)\tsubject to the regulations, conferred on the biosecurity auditor by the biosecurity auditor's instrument of engagement for the accreditation audit.\n112—Recovery of fee for accreditation audits\n\t(1)\tIf an accreditation audit is carried out by a biosecurity auditor who is an authorised officer, a fee for the performance of the accreditation audit prescribed under this Act or calculated in accordance with a fee notice made under section 306(11) is payable by the audit target in accordance with the regulations (and may be recovered in accordance with the regulations).\n\t(2)\tAn audit target is responsible for any fee payable in connection with an accreditation audit performed by a biosecurity auditor who is not an authorised officer (being a fee specified by the biosecurity auditor for the conduct of the audit and recoverable by the biosecurity auditor as a debt).\n113—Use of biosecurity audits\nThe person who requires an accreditation audit must have regard to that accreditation audit in performing the person's functions under the Act in relation to the audit target.\n","sortOrder":15},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Compliance audits","content":"Subdivision 5—Compliance audits\n114—Compliance audits\nA compliance audit is an audit that is performed for any of the following purposes:\n\t(a)\tto assess a person's compliance with, or capability of complying with, this Act;\n\t(b)\tto assess or identify any contravention or suspected contravention of this Act (including any contravention or other deficiency identified in another audit);\n\t(c)\tto identify measures for improved compliance with this Act.\n115—Imposition of requirement to perform compliance audit\n\t(1)\tThe Chief Executive or a Chief Officer may require a compliance audit to be performed in relation to any person at any time.\n\t(2)\tAn accreditation authority, other than the Chief Executive, may require a compliance audit to be performed in relation to a person who is, or has been, a biosecurity auditor or biosecurity certifier at any time, but only if the accreditation authority is, or was, the responsible accreditation authority for the appointment or accreditation of the person.\n\t(3)\tAn accreditation authority that requires a compliance audit to be performed must give the audit target notice of the decision to require a compliance audit, unless the giving of notice would defeat the purpose of the audit.\n116—Decision to require compliance audits\n\t(1)\tA designated authority must have regard to the following in making a decision about whether to require a compliance audit or the frequency of compliance audits:\n\t(a)\tthe designated authority's audit frequency policy;\n\t(b)\tthe compliance history of the audit target;\n\t(c)\tany previous biosecurity audits performed in relation to the audit target that the designated authority considers relevant (including any deficiencies identified in those audits);\n\t(d)\tany information provided to the designated authority by authorised officers about compliance with this Act;\n\t(e)\tany other matters that the designated authority considers relevant.\n\t(2)\tAn accreditation authority (other than the Chief Executive) must require a compliance audit to be undertaken in relation to a person if—\n\t(a)\tit is directed to do so by the Chief Executive; or\n\t(b)\tit is required to do so under a condition of its approval as an accreditation authority.\n\t(3)\tIf the Chief Executive directs an accreditation authority to require a compliance audit, subsection (1) applies to the decision of the Chief Executive to make such a direction as if it were a decision about whether to require the compliance audit.\n117—Audit frequency policy\n\t(1)\tA designated authority must adopt a policy (an audit frequency policy) in relation to the frequency of audits which may be performed for the purposes of this Act.\n\t(2)\tAn audit frequency policy may make provision for, or with respect to, the following matters:\n\t(a)\tthe frequency of compliance audits;\n\t(b)\tany other matters that are prescribed by the regulations.\n\t(3)\tAn audit frequency policy adopted by an accreditation authority, other than the Chief Executive, has no effect unless it, and any amendment to it, has been approved by the Chief Executive.\n\t(a)\tis minor in nature or for the purpose of correcting an error; or\n\t(iii)\tthe provider of a course or a qualification; or\n\t(5)\tA designated authority must ensure that an audit frequency policy is publicly available.\n\t(6)\tAn audit frequency policy may apply generally or apply differently according to different factors of a specified kind, including but not limited to the following:\n\t(a)\tthe type of biosecurity matter involved;\n\t(b)\tthe type of activity involved and the level of biosecurity risk associated with that activity;\n\t(c)\tthe class of biosecurity registration or accreditation involved (if relevant).\n\t(7)\tA designated authority may adopt an audit frequency policy for each type of accreditation.\n\t(8)\tA reference in this Act to an audit frequency policy is a reference to the audit frequency policy that is relevant to the audit concerned.\n118—Engagement of auditor\n\t(1)\tA designated authority that requires a compliance audit may—\n\t(a)\tengage or appoint the biosecurity auditor to perform the audit; or\n\t(b)\tdirect the audit target to engage a biosecurity auditor to perform the audit and specify requirements relating to—\n\t(i)\tthe engagement of the biosecurity auditor; and\n\t(ii)\tthe scope of the compliance audit to be performed.\n\t(2)\tA direction may only be given under subsection (1)(b) if the audit target is—\n\t(a)\ta registered entity; or\n\t(b)\tan accreditation authority other than the Chief Executive; or\n\t(c)\ta biosecurity auditor; or\n\t(d)\ta biosecurity certifier; or\n\t(e)\tthe holder of a permit; or\n\t(f)\tan entity responsible for preparing a draft biosecurity program; or\n\t(g)\ta person who has entered into a biosecurity control agreement; or\n\t(h)\ta prescribed person or a person of a prescribed class.\n119—Functions of biosecurity auditor—compliance audits\n\t(1)\tA biosecurity auditor has the following functions in connection with a compliance audit, subject to any limitations specified in the biosecurity auditor's instrument of appointment:\n\t(a)\tto assess the audit target's compliance with, and capability of complying with, this Act;\n\t(b)\tto assess or identify any contravention or suspected contravention of this Act (including any contravention or other deficiency identified in another biosecurity audit);\n\t(c)\tto identify measures for improved compliance with this Act;\n\t(d)\tto report, to the designated entity that requires the audit, on the biosecurity auditor's assessment of those matters.\n\t(2)\tA biosecurity auditor has such other functions in connection with a compliance audit as are—\n\t(a)\tprescribed by the regulations; or\n\t(b)\tsubject to the regulations, conferred on the biosecurity auditor by the biosecurity auditor's instrument of engagement for the compliance audit.\n120—Recovery of fee for compliance audit\n\t(1)\tIf a compliance audit is carried out by a biosecurity auditor who is an authorised officer, a fee for the performance of the compliance audit prescribed under this Act or calculated in accordance with a fee notice under section 306(11) is payable by the audit target in accordance with the regulations (and may be recovered in accordance with the regulations).\n\t(2)\tAn audit target is responsible for any fee payable in connection with a compliance audit performed by a biosecurity auditor who is not an authorised officer (being a fee specified by the biosecurity auditor for the conduct of the audit and recoverable by the biosecurity auditor as a debt).\n121—Use of compliance audits\nA designated authority that requires a compliance audit must have regard to the compliance audit in performing the designated authority's functions under this Act in relation to the audit target.\n","sortOrder":16},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Related matters","content":"Subdivision 6—Related matters\n122—Audit agreements\n\t(1)\tThe Chief Executive may enter into an agreement (an audit agreement) with another accreditation authority that relates to—\n\t(a)\tthe functions and powers of the accreditation authority under this Part; and\n\t(b)\twithout limiting paragraph (a), the conduct of accreditation audits, biosecurity audits and compliance audits; and\n\t(c)\tany other matter determined by the Chief Executive to be appropriate in the circumstances.\n\t(2)\tAn audit agreement may be varied from time to time by agreement between the Chief Executive and the other accreditation authority.\n123—Hindering etc biosecurity auditors\n\t(a)\twithout reasonable excuse hinders or obstructs a biosecurity auditor, or a person assisting a biosecurity auditor, in the performance of a function or the exercise of a power under this Act; or\n\t(b)\tfails to answer a question put by a biosecurity auditor to the best of the person's knowledge, information or belief; or\n\t(c)\tprovides an answer to a question put by a biosecurity auditor that the person knows to be false or misleading in a material particular; or\n\t(d)\tproduces a document or record that the person knows to be false or misleading in a material particular; or\n\t(e)\tfails without reasonable excuse to comply with a requirement or direction of a biosecurity auditor in the performance of a function or the exercise of a power under this Act; or\n\t(f)\tuses abusive, threatening or insulting language to a biosecurity auditor, or a person assisting a biosecurity auditor, in the performance of a function or the exercise of a power under this Act; or\n\t(g)\tfalsely represents, by words or conduct, that the person is a biosecurity auditor,\nDivision 2—Biosecurity certificates\n124—Biosecurity certifier may issue biosecurity certificates\n\t(1)\tA biosecurity certifier may—\n\t(a)\tissue a biosecurity certificate under this Act; and\n\t(b)\tverify biosecurity certificates or other documents, or the packaging or labelling of biosecurity matter.\n\t(2)\tThe authorisation of a biosecurity auditor to act as envisaged by subsection (1) is subject to—\n\t(a)\tthe provisions of the instrument of accreditation under section 83(2)(a); and\n\t(b)\tany conditions or limitations that apply in relation to the accreditation of the biosecurity auditor.\n125—Content, form and duration of biosecurity certificates\n\t(1)\tA biosecurity certificate is a certificate that certifies 1 or more of the following matters in respect of a specified biosecurity matter or carrier, or any other specified thing or specified area, for the purposes of this Act:\n\t(a)\tthat the biosecurity matter, carrier, thing or area is free from, or contains, a specified level of any stated biosecurity matter (such as a specified pest, disease, contaminant, pest infestation or infection or condition);\n\t(b)\tthat the biosecurity matter, carrier, thing or area is free from, or contains, a specified level of any stated biosecurity matter (such as a specified pest, disease, contaminant, pest infestation or infection or condition) within the meaning of a corresponding law;\n\t(c)\tthat the biosecurity matter, carrier, thing or area is in a specified condition;\n\t(d)\tthat the biosecurity matter or carrier is from a specified area;\n\t(e)\tthat the biosecurity matter, carrier, thing or area has been the subject of a specified treatment measure or specified way of treatment;\n\t(f)\tthat the biosecurity matter, carrier or thing has been transported in a specified manner or via a specified route;\n\t(g)\tthat the biosecurity matter, carrier or thing complies with specified biosecurity certification requirements;\n\t(h)\tthat the biosecurity matter, carrier, thing or area meets other specified requirements;\n\t(i)\tany other prescribed matter or circumstance.\n\t(2)\tA biosecurity certificate must—\n\t(a)\tbe in an approved form; and\n\t(b)\tcomply with any requirements prescribed by the regulations.\n\t(3)\tThe verification of a biosecurity certificate or other relevant document, or the packaging or labelling of biosecurity matter, may be evidenced in a manner and form approved by the responsible accreditation authority.\n\t(4)\tA biosecurity certificate may relate to—\n\t(a)\tbiosecurity matter or a carrier—\n\t(i)\tgrown, produced, processed, packed, used, treated or tested in the State; or\n\t(ii)\tto be brought into the State; and\n\t(b)\tspecified requirements of this Act or a corresponding law.\n\t(5)\tA biosecurity certificate issued under this section may be expressed to remain in force or effect for the period specified in the certificate.\n126—Specific powers of biosecurity certifiers\nA biosecurity certifier may do any or all of the following before issuing a biosecurity certificate in relation to any biosecurity matter, carrier, thing or area:\n\t(a)\tinspect the biosecurity matter, carrier, thing or area;\n\t(b)\ttake samples of the biosecurity matter, carrier or thing;\n\t(c)\tsupervise the treatment or grading of biosecurity matter or a carrier;\n\t(d)\tinspect or test materials, chemicals or equipment used to treat or grade the biosecurity matter or carrier;\n\t(e)\texercise any power prescribed by the regulations;\n\t(f)\tdo anything else that the biosecurity certifier considers necessary to be done for the purposes of determining whether to issue a biosecurity certificate and, if so, the contents of the biosecurity certificate.\n127—Fees\n\t(1)\tIf a biosecurity certificate is prepared by an authorised officer, a fee authorised or determined by or under a fee notice under section 306(11) is payable by the person seeking the biosecurity certificate.\n\t(2)\tExcept as provided by subsection (1), the fee for the preparation of a biosecurity certificate is the fee agreed between the biosecurity certifier and the person seeking the biosecurity certificate.\n128—Recognition of interstate biosecurity certificates\n\t(1)\tA certificate or other document—\n\t(a)\tduly issued under a corresponding law in which a person certifies any matter in relation to which a biosecurity certificate could be issued under this Act; and\n\t(b)\tthat is in effect,\nis recognised for the purposes of this Act as an interstate biosecurity certificate.\n\t(2)\tFor the purposes of this Act, a person holds a biosecurity certificate in relation to a thing if the person holds an interstate biosecurity certificate that is in force in relation to the thing.\n\t(3)\tA reference in this Act to a biosecurity certificate includes a reference to an interstate biosecurity certificate.\n129—Approval of authorised officers to perform functions of biosecurity certifiers\n\t(1)\tThe Chief Executive may, by written instrument, approve any authorised officer to perform any specified function or power of a biosecurity certifier.\n\t(2)\tAn approval under subsection (1)—\n\t(a)\tmay apply to a specified authorised officer or to any class of authorised officers; and\n\t(b)\tmay be subject to such conditions or limitations as are specified in the approval.\n\t(3)\tAn approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Chief Executive.\n\t(4)\tThe Chief Executive may, by written instrument, revoke or vary an approval under this section at any time.\n\t(5)\tThe approval of a person as a biosecurity certifier under this section ceases to be in force if the person—\n\t(a)\tceases to be an authorised officer; or\n\t(b)\tceases to be an authorised officer of a particular class specified in the approval.\n\t(6)\tIn this Act, a reference to—\n\t(a)\ta biosecurity certifier accredited under this Act; or\n\t(b)\ta person accredited as a biosecurity certifier under this Act,\nincludes a reference to a person approved to perform the functions of a biosecurity certifier under this section.\n130—Use of assistance\nA biosecurity certifier performing a function conferred by or under this Act may perform the function with the assistance of such other persons as the biosecurity certifier considers necessary in the circumstances (subject to any conditions of accreditation as a biosecurity certifier).\n131—Offences\n\t(1)\tA person must not—\n\t(a)\tissue, or purport to issue, a biosecurity certificate or purported biosecurity certificate that is false or misleading in a material particular; or\n\t(b)\talter or amend a biosecurity certificate, or purported biosecurity certificate, so as to make the certificate false or misleading in a material particular.\n\t(2)\tA person must not falsely represent that a biosecurity certificate has been issued in respect of any matter.\n\t(3)\tA person must not issue, or purport to issue, a biosecurity certificate or purported biosecurity certificate unless the person is a biosecurity certifier authorised to do so under this Act or a corresponding law.\n\t(4)\tA person must not alter or amend a biosecurity certificate or purported biosecurity certificate unless—\n\t(a)\tthe person is a biosecurity certifier authorised to do so under this Act or a corresponding law; or\n\t(b)\tthe alteration or amendment—\n\t(i)\trelates to the splitting of a consignment to which the biosecurity certificate relates; and\n\t(ii)\tthe person is authorised in writing to make the alteration or amendment by a biosecurity certifier authorised to split consignments under this Act or a corresponding law.\n\t(b)\tfor a natural person—$50 000\n\t(5)\tA person must not, in connection with obtaining or the issue of a biosecurity certificate, furnish any information or material that the person knows to be false or misleading in a material particular.\n\t(6)\tWithout limiting a preceding subsection, a person who—\n\t(a)\twithout reasonable excuse hinders or obstructs a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act; or\n\t(b)\tremoves, damages or interferes with any notice, sign, identification mark, label, tape, seal, lock or other device used for the purposes of this Act; or\n\t(c)\tfails to answer a question put by a biosecurity certifier to the best of the person's knowledge, information or belief; or\n\t(d)\tprovides an answer to a question put by a biosecurity certifier that the person knows to be false or misleading in a material particular; or\n\t(e)\tproduces a document or record that the person knows to be false or misleading in a material particular; or\n\t(f)\tfails without reasonable excuse to comply with a requirement or direction of a biosecurity certifier in the performance of a function or the exercise of a power under this Act; or\n\t(g)\tuses abusive, threatening or insulting language to a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act; or\n\t(h)\tfalsely represents, by words or conduct, that the person is a biosecurity certifier,\n\t(7)\tFor the purposes of this section, a certificate is false or misleading in a material particular if it—\n\t(a)\tincludes information that is false or misleading in a material particular; or\n\t(b)\tomits material information.\n\t(8)\tIn this section—\nbiosecurity certifier includes an identified individual with respect to the issuing of biosecurity certificates by a biosecurity certifier.\n","sortOrder":17},{"sectionNumber":"Part 8","sectionType":"part","heading":"Permits","content":"Part 8—Permits\n132—Interpretation\nrelevant decision-maker, in relation to a permit, means—\n\t(b)\ta Chief Officer.\n133—Types of permit\n\t(1)\tThe following types of permit may be granted under this Part:\n\t(a)\ta permit that—\n\t(i)\tauthorises conduct that, but for the permit, contravenes or may contravene an emergency order, or an emergency biosecurity direction; and\n\t(ii)\tspecifically relates or applies to the emergency relevant to the emergency order or emergency biosecurity direction;\n\t(b)\ta permit that expressly authorises a specified dealing with prohibited matter;\n\t(c)\ta permit that expressly authorises a prohibited dealing;\n\t(d)\ta permit that authorises a dealing that, but for the issue of the permit, would be otherwise unlawful under this Act.\n\t(2)\tA permit under this Part may be granted to—\n\t(a)\ta person specified in the permit; or\n\t(b)\ta group, or class of persons, specified in the permit.\n134—Effect of permit\n\t(1)\tSubject to subsection (2), a person is not guilty of an offence under this Act in respect of conduct if—\n\t(a)\tthe person is a permit holder with a valid permit; and\n\t(b)\tthe permit authorises the conduct; and\n\t(c)\tthe person is acting in accordance with the permit when engaging in the conduct.\n\t(2)\tA permit does not authorise conduct in contravention of an emergency order or emergency biosecurity direction unless—\n\t(a)\tthe permit is an emergency permit granted in respect of the relevant emergency; and\n\t(b)\tthe conduct of the person is in accordance with the emergency permit.\n\t(3)\tNothing in this section, or a permit, authorises a permit holder to contravene the provisions of another Act.\n\t(4)\tTo avoid doubt, compliance with a permit in respect of a dealing may not, of itself, discharge the general biosecurity duty in respect of any dealing engaged in accordance with the permit.\nDivision 2—Individual permits\n135—Application for permit\n\t(1)\tA person may apply to a relevant decision-maker for an individual permit under this Act.\n\t(b)\tinclude, or be accompanied by, any prescribed information or evidence; and\n\t(c)\tinclude, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(3)\tA relevant decision-maker may, by written notice, require an applicant for an individual permit to provide further information, documents or records relevant to the application.\n\t(4)\tThe applicant may, with the approval of the relevant decision-maker or at the request of the relevant decision-maker, amend the application before the relevant decision-maker has finished considering it.\n136—Grant or refusal of permit\n\t(1)\tA relevant decision-maker may, after considering an application for an individual permit, grant a permit with or without conditions, or refuse to grant a permit, to the applicant.\n\t(2)\tAn individual permit granted under subsection (1) must be in the approved form.\n\t(3)\tWithout limiting subsection (2), a permit must specify the type of permit that has been granted.\n\t(4)\tA relevant decision-maker must refuse to grant an individual permit if the relevant decision-maker considers that the granting of the permit would create a biosecurity risk that is inconsistent with the objects of this Act.\n\t(5)\tA relevant decision-maker may refuse to grant an individual permit to an applicant—\n\t(a)\tif the application for the permit does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or\n\t(b)\tif the relevant decision-maker is not satisfied that the applicant is a suitable person to engage in conduct to be authorised under the permit; or\n\t(c)\tin an emergency, it would not be appropriate to grant the permit; or\n\t(e)\tfor any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application.\n\t(6)\tIf a relevant decision-maker refuses to grant an individual permit, the relevant decision-maker must, by written notice—\n\t(7)\tIf a relevant decision-maker fails to give an applicant notice of a decision to grant or to refuse an individual permit within the prescribed period, the relevant decision-maker is taken to have refused to grant the permit.\n137—Duration of permit\n\t(1)\tAn individual permit remains in force for a period, not exceeding 5 years, specified on the permit, unless sooner cancelled or suspended.\n\t(2)\tAn individual permit has no effect during any period during which the permit is suspended.\n\t(3)\tAn individual permit may be renewed in accordance with this Act.\n138—Variation of permit\n\t(1)\tA relevant decision-maker may, at any time, vary an individual permit by written notice to the permit holder.\n\t(b)\ton the application of the permit holder.\n\t(3)\tA variation of an individual permit may include the variation of a condition of the permit.\n\t(a)\tthe form and procedure for an application for a variation; and\n\t(b)\tmatters to be included in a notice of variation, or in a notice of a decision to refuse an application for a variation.\n\t(5)\tA prescribed fee may be payable in relation to an application for a variation.\n139—Renewal of permit\n\t(1)\tA permit holder may apply to a relevant decision-maker for the renewal of an individual permit.\n\t(a)\tbe made at least 28 days before the expiry of the relevant permit, or within such shorter period as the relevant decision-maker may, in its absolute discretion, allow; and\n\t(b)\tbe made in the approved form; and\n\t(c)\tinclude, or be accompanied by, any prescribed information or evidence; and\n\t(d)\tinclude, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and\n\t(e)\tbe accompanied by the prescribed fee.\n\t(3)\tThe relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application.\n\t(4)\tIf an application for renewal of an individual permit is duly made to a relevant decision-maker within the period applying under subsection (2)(a), the permit is taken to continue in force until the relevant decision-maker notifies the applicant of a decision to grant or refuse the application.\n\t(5)\tNothing in subsection (4) prevents the permit from being suspended or cancelled in accordance with this Act before the expiry of the permit.\n140—Grant or refusal of renewal of permit\n\t(1)\tA relevant decision-maker may, after considering an application for renewal of an individual permit, renew the permit with or without conditions, or refuse to renew the permit.\n\t(2)\tA relevant decision-maker must refuse to renew the permit in prescribed circumstances.\n\t(3)\tA relevant decision-maker may refuse to renew the permit—\n\t(a)\tif the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or\n\t(b)\tif the relevant decision-maker is not satisfied that the applicant is a suitable person to continue to hold the permit; or\n\t(c)\tif the relevant decision-maker considers that it would not be appropriate to renew the permit due to the occurrence of an emergency; or\n\t(e)\tfor any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application.\n\t(4)\tIf a relevant decision-maker refuses to renew an individual permit, the relevant decision-maker must, by written notice—\nDivision 3—Group permits\n141—Grant of group permit\n\t(1)\tA relevant decision-maker may grant a group permit, with or without conditions, on the relevant decision-makers own initiative or at the written request of a person.\n\t(2)\tA relevant decision-maker must not grant a group permit if the relevant decision-maker considers that the granting of the permit would create a biosecurity risk that is inconsistent with the objects of this Act.\n\t(3)\tA group permit remains in force for a period, not exceeding 5 years, determined by the relevant decision-maker unless sooner cancelled or suspended.\n\t(4)\tIf a relevant decision-maker refuses to grant a group permit that has been requested by a person, the relevant decision-maker must, by written notice, notify the person of the decision.\n\t(5)\tNo right of review or appeal lies against a decision of a relevant decision-maker to refuse to grant a group permit.\n142—Form of permit\nA group permit must—\n\t(a)\tbe in the approved form; and\n\t(b)\tspecify—\n\t(i)\tthe persons, or class of persons, in respect of which the permit has been granted; and\n\t(ii)\tthe type of permit that has been granted; and\n\t(iii)\tany condition imposed in respect of the permit; and\n\t(iv)\tthe period in respect of which the permit remains in force.\n143—Variation of permit\n\t(1)\tA relevant decision-maker may, at any time, vary a group permit by written notification.\n\t(b)\tat the written request of a person.\n\t(3)\tA variation of a group permit may include the variation of a condition of the permit.\n\t(a)\tthe form and procedure for a request for a variation; and\n\t(b)\tmatters to be included in a notification, and the publication of a notification.\n144—Renewal of permit\nA relevant decision-maker may renew a group permit, for such period not exceeding 5 years, and on such terms, as the relevant decision-maker thinks fit by written notification made in accordance with the regulations. \nDivision 4—Conditions of permits\n145—Conditions of permit\n\t(1)\tA relevant decision-maker may impose conditions on a permit—\n\t(a)\tat the time of the grant, or renewal, of the permit; and\n\t(b)\tat any other time by variation to the permit.\n\t(2)\tIn addition to any condition imposed on a permit under subsection (1), the permit may be subject to prescribed conditions.\n\t(3)\tUnless expressly provided under this Act, a section of this Division that authorises a type of condition to be imposed on a permit does not—\n\t(a)\tprevent other conditions from being imposed on the permit; or\n\t(b)\tlimit the type of conditions that may be imposed on the permit.\n146—Conditions relating to insurance\n\t(1)\tA condition imposed on a permit may require the permit holder to take out a policy of insurance.\n\t(2)\tThe condition may include—\n\t(a)\tthe form and type of insurance to be held; and\n\t(b)\tthe types of conduct or actions to be indemnified by the insurance; and\n\t(c)\tthe amount of insurance cover to be maintained; and\n\t(d)\tthe period for which the insurance must be maintained, including that the insurance be maintained beyond the duration of the permit; and\n\t(e)\tany other requirements the relevant decision-maker thinks fit.\n147—Conditions requiring biosecurity audits\nA condition imposed on a permit may require the permit holder to co-operate with, or arrange, mandatory biosecurity audits at specified intervals.\n148—Conditions requiring financial assurances\nsecured event, in relation to a permit, includes the following events:\n\t(a)\tthe permit holder contravening a condition on the permit, other than a condition referred to in subsection (2);\n\t(b)\tthe permit holder placing any biosecurity matter, that the permit authorises the permit holder to deal with, in the care of the Chief Executive;\n\t(c)\tthe permit holder engaging in conduct that the permit holder is not, or is no longer, authorised to engage in under the permit;\n\t(d)\tthe permit holder being unable, for any reason, to continue to engage in the conduct authorised by the permit.\n\t(2)\tA condition imposed on a permit may require the permit holder—\n\t(a)\tto provide financial assurance to secure, or guarantee, funding for or towards the doing of anything required in the event of a secured event in relation to a dealing under the permit; and\n\t(b)\tto provide evidence of such financial assurance before a relevant decision-maker grants, renews, varies, suspends or cancels the permit.\n\t(3)\tA condition imposing a financial assurance may specify the assurance to be in 1 or more of the following forms:\n\t(a)\ta bank guarantee;\n\t(b)\ta bond;\n\t(c)\ta prescribed form;\n\t(d)\tany other form that is approved by the relevant decision-maker.\n\t(4)\tA financial assurance—\n\t(a)\tmay be claimed and realised, despite and without affecting—\n\t(i)\tany liability of the permit holder for a penalty in respect of an offence that may have occurred as a result of the contravention to which the assurance relates; and\n\t(ii)\tany other action that may be taken, or is required to be taken, in relation to any contravention or other circumstances to which the assurance relates; and\n\t(b)\tif it is claimed and realised, is in addition to, and does not prevent the imposition of, a penalty imposed for the contravention of this Act, or a condition of the permit, in respect of the contravention to which it relates.\n\t(5)\tUnless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters:\n\t(a)\tthe method of calculating the amount of the financial assurance required;\n\t(b)\tthe circumstances in which all, or any part, of the financial assurance may be claimed, or realised, and the procedure for claiming or realising the financial assurance;\n\t(c)\tthe actions that may be taken following a secured event, including—\n\t(i)\tthe circumstances when those actions may be taken by, or on behalf of, Chief Executive; and\n\t(ii)\tthe circumstances when the Chief Executive, or a person authorised by the Chief Executive, may enter land to take those actions;\n\t(d)\tthe provision of information in specified circumstances;\n\t(e)\tthe audit of actions that may result in the financial assurance being claimed or realised;\n\t(f)\tthe administrative requirements in relation to the financial assurance;\n\t(g)\tthe release of the financial assurance.\n149—Conditions to take effect later\n\t(1)\tA condition of a permit may provide that all or a part of the permit does not take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs.\n\t(2)\tWithout limiting subsection (1) the conditions may provide that the permit will not take effect until a financial assurance is provided in accordance with a condition.\n150—Failure to comply with condition\n\t(1)\tA permit holder must not contravene a condition of the permit.\n\t(2)\tA person who commits an offence against subsection (1) because the person contravenes a condition—\n\t(3)\tA penalty imposed in respect of an offence under subsection (1) is in addition to any action taken under Division 5 for the contravention of the condition.\nDivision 5—Suspension, cancellation or surrender of permit\n151—Grounds for suspension or cancellation of permit\n\t(1)\tEach of the following is grounds for suspending or cancelling an individual permit:\n\t(a)\tthe permit holder has contravened this Act or a corresponding law;\n\t(b)\twithout limiting paragraph (a), the permit holder has contravened a condition of the permit;\n\t(c)\tthe permit holder is not a suitable person to engage in the conduct authorised by the permit;\n\t(d)\tan application relating to the permit was false or misleading in a material particular;\n\t(e)\tthe permit holder has failed to pay fees or charges payable by the permit holder under this Act;\n\t(f)\tit is in the interests of public safety to suspend or cancel the permit;\n\t(g)\tinformation has been provided that, if it had been received at the time that an application relating to the permit was made, may have resulted in an application for the permit being refused;\n\t(h)\tthe suspension or cancellation is necessary in an emergency;\n\t(i)\tany other prescribed ground.\n\t(2)\tSubsection (1)(h) does not apply in respect of an emergency permit that was expressly granted in respect of the emergency.\n\t(3)\tA group permit may be cancelled or suspended by a relevant decision-maker at any time if the relevant decision-maker believes, on reasonable grounds, that the cancellation or suspension of the permit is appropriate.\n152—Suspension of permit\n\t(1)\tA relevant decision-maker may, by written notice to the permit holder, suspend an individual permit if the relevant decision-maker is satisfied that there are grounds for the suspension of the permit.\n\t(3)\tBefore suspending the permit, the relevant decision-maker must—\n\t(a)\tgive written notice to the permit holder of the relevant decision-maker's intention to suspend the permit and the proposed grounds for doing so; and\n\t(b)\tallow the permit holder at least 14 days to make a submission to the relevant decision-maker about the proposed suspension; and\n\t(c)\ttake into account any submission made to the relevant decision-maker by the permit holder before the deadline for the making of a submission.\n\t(4)\tThe relevant decision-maker is not required to give notice under subsection (3) of a proposed suspension if the relevant decision-maker is of the opinion that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit, or in an emergency.\n\t(5)\tHowever, if the relevant decision-maker suspends a permit without giving notice under subsection (3), the relevant decision-maker must—\n\t(a)\tgive the permit holder written notice of the grounds of the suspension as soon as practicable after the suspension occurs; and\n\t(b)\tinvite the permit holder to make a submission to the relevant decision-maker about the suspension by a specified deadline (being at least 14 days after the notice is given to the permit holder)\n\t(6)\tIf the permit holder makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must—\n\t(b)\tgive written notice of that decision to the permit holder.\n\t(7)\tA notice under subsection (1) or (6) must also provide information about the right to apply for a review of the decision to suspend the permit under Part 13.\n\t(8)\tA group permit is suspended in the manner prescribed by the regulations.\n153—Cancellation of permit\n\t(1)\tA relevant decision-maker may, by written notice to the permit holder, cancel an individual permit if the relevant decision-maker is satisfied that there are grounds for the cancellation of the permit.\n\t(3)\tBefore cancelling the permit, the relevant decision-maker must—\n\t(a)\tgive written notice to the permit holder of the relevant decision-maker's intention to cancel the permit and the proposed grounds for doing so; and\n\t(b)\tallow the permit holder at least 14 days to make a submission to the relevant decision-maker about the proposed cancellation; and\n\t(c)\ttake into account any submission made to the relevant decision-maker by the permit holder before the deadline for the making of a submission.\n\t(4)\tThe relevant decision-maker is not required to give notice under this section of a proposed cancellation if the permit of the permit holder is suspended and either—\n\t(a)\tthe permit holder was given an opportunity to make a submission about the suspension before the suspension took effect; or\n\t(b)\tthe permit holder was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified for making that submission has ended.\n\t(5)\tA notice under subsection (1) must also provide information about the right to apply for a review of the decision to cancel the permit under Part 13.\n\t(6)\tA group permit is cancelled in the manner prescribed by the regulations.\n154—Voluntary surrender of individual permit\n\t(1)\tA permit holder may surrender the permit holder's individual permit.\n\t(2)\tThe surrender of an individual permit must—\n\t(b)\tbe made to a relevant decision-maker; and\n\t(c)\tbe accompanied by the relevant prescribed fee; and\n\t(d)\tinclude or be accompanied by any information or evidence required by the relevant decision-maker to determine the consequences that may result from the surrender of the permit.\n\t(3)\tThe surrender of an individual permit does not take effect until the relevant decision-maker has given the permit holder written notice that the relevant decision-maker is satisfied that all biosecurity matter and carriers will be dealt with appropriately by the permit holder.\n\t(4)\tOn the surrender of an individual permit taking effect, the permit is cancelled.\n155—Effect of suspension, cancellation or surrender\n\t(1)\tA permit may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as a relevant decision-maker may impose.\n\t(i)\tthat all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the permit; and\n\t(b)\tmay include, but is not limited to, any conditions to which the permit was subject immediately before it was suspended, cancelled or surrendered.\n\t(3)\tA relevant decision-maker may, by written notice given in accordance with the regulations, vary a condition imposed under this section.\n\t(4)\tA permit holder or former permit holder must comply with a condition attached to the suspension, cancellation or surrender of the permit\n","sortOrder":18},{"sectionNumber":"Part 9","sectionType":"part","heading":"Biosecurity programs and agreements","content":"Part 9—Biosecurity programs and agreements\nDivision 1—Approved biosecurity programs\n156—Preparation of draft biosecurity program\n\t(1)\tAn entity representing the interests of any industry, or any part of the community, may prepare a draft program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact.\n\t(2)\tA draft program prepared under subsection (1) must specify the following:\n\t(a)\tthe name of the entity preparing the program;\n\t(b)\tthe intended scope of the program;\n\t(c)\tthe biosecurity risk or biosecurity impact to which the program relates;\n\t(d)\tthe biosecurity matter or class of biosecurity matter that the program affects;\n\t(e)\tthe composition of a management committee for the program;\n\t(f)\tthe objectives of the program;\n\t(g)\tthe strategies and methods to be applied under the program to control the biosecurity risk or biosecurity impact to which the program relates;\n\t(h)\tthe manner in which the cost of implementing the program is to be met;\n\t(i)\tthe likely duration of the program;\n\t(j)\tthe manner in which the effectiveness of the program is to be monitored;\n\t(k)\tthe persons or classes of persons able to perform functions in relation to the prevention, elimination, minimisation, control or management of the biosecurity risk or biosecurity impact to which the program relates;\n\t(l)\tthe functions of those persons or classes of persons;\n\t(m)\twhether reimbursement for the destruction of any animal, plant or other property is to be payable under the program to the owner of the animal, plant or property;\n\t(n)\tif reimbursement is proposed under the program—\n\t(i)\tthe manner in which the amount of reimbursement is to be determined; and\n\t(ii)\twho is to pay the reimbursement; and\n\t(iii)\tthe manner of claiming the reimbursement;\n\t(o)\tthe manner in which any proceeds obtained from the implementation of the program are to be disposed of;\n\t(p)\tthe extent to which the owner of any biosecurity matter, carrier or other property affected by the implementation of the program is required to take action under the program;\n\t(q)\tthe type and frequency of reporting that will occur in connection with the program.\n\t(3)\tA draft program may also specify 1 or more of the following:\n\t(a)\tthe method of identification and examination of any biosecurity matter, carrier or other thing;\n\t(b)\tthe method of treatment of any biosecurity matter or other thing;\n\t(c)\tthe destruction or other disposal of any biosecurity matter, carrier or other thing if necessary to prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact;\n\t(d)\tmeasures to—\n\t(i)\teradicate specified matter from an area;\n\t(ii)\trestrict or reduce the spread of specified biosecurity matter in a particular area.\n157—Approval of draft biosecurity program\n\t(1)\tAn entity that has prepared a draft program under section 156 may apply to the Minister for approval of the program.\n\t(b)\tbe accompanied by a copy of the program and any other information or material required by the Minister.\n\t(3)\tOn receipt of an application under subsection (1), and after consultation with any entity representing persons who, in the opinion of the Minister, are likely to be affected by the implementation of the program, the Minister may by written notice to the entity that prepared the draft program—\n\t(a)\tapprove the program; or\n\t(b)\tif the entity that prepared the draft program agrees, amend the program and approve the program as amended; or\n\t(c)\trefuse to approve the program; or\n\t(d)\trequest that the entity provide further information in respect of the program and after consideration of that further information—\n\t(i)\tapprove the program; or\n\t(ii)\tif the entity that prepared the draft program agrees, amend the program and approve the program as amended; or\n\t(iii)\trefuse to approve the program.\n\t(4)\tThe Minister must refuse to approve a draft program—\n\t(a)\tif it does not provide that the Chief Executive, or a person nominated by the Chief Executive, is a member of a management committee for the program; or\n\t(b)\tif it provides for the destruction or other disposal of any biosecurity matter or other property without the written approval of the Chief Executive, or the owner of the biosecurity matter or property; or\n\t(c)\tin prescribed circumstances.\n\t(5)\tAn approved biosecurity program takes effect on a date specified by the Minister in the notice of approval of the program.\n158—Amendment of approved biosecurity program\n\t(1)\tThe Minister may, on application from the entity that prepared an approved biosecurity program—\n\t(a)\tamend the approved biosecurity program; or\n\t(b)\trefuse to amend the approved biosecurity program.\n\t(2)\tAn application to amend an approved biosecurity program must—\n\t(b)\tbe accompanied by a copy of the program as amended and any other information or material required by the Minister.\n159—Termination of approved biosecurity program\n\t(1)\tThe Minister may terminate an approved biosecurity program—\n\t(a)\ton the Minister's own initiative; or\n\t(b)\ton the application of the entity that prepared the approved biosecurity program.\n\t(2)\tAn application to terminate an approved biosecurity program must—\n\t(b)\tbe accompanied by any information or material required by the Minister.\n\t(3)\tIf the Minister terminates an approved biosecurity program under subsection (1)(a), the Minister must notify the entity that prepared the approved biosecurity program, at least 28 days before the termination is to take effect, of the termination of the program.\n160—Cost of implementing approved biosecurity program\n\t(1)\tThe Minister may, by written notice, agree that the Crown will reimburse the entity that prepared an approved biosecurity program for any specified costs incurred by the entity in implementing the program.\n\t(2)\tThe notice must—\n\t(a)\tspecify the costs or proportion of the costs that the Crown agrees to reimburse; and\n\t(b)\tbe provided to the entity.\n\t(3)\tExcept as agreed under subsection (1)—\n\t(a)\tany other costs incurred by an entity for an approved biosecurity program are to be met as provided in the program; and\n\t(b)\tthe Crown is not liable in respect of those costs.\nDivision 2—Government biosecurity programs\n161—Government biosecurity programs\n\t(1)\tThe Minister may direct the Chief Executive to implement a program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact.\n\t(2)\tThe Minister must not give a direction under subsection (1) unless the Minister—\n\t(a)\thas consulted with any persons (including a council) who, in the opinion of the Minister, are likely to be affected by the implementation of the program, or an entity representing such persons; and\n\t(b)\tis satisfied that implementation of the program will further the objects of this Act.\n\t(3)\tThe Minister may give a direction without consultation under subsection (2) if the Minister is satisfied that the interests of the State require implementation of the program with minimal delay.\n\t(4)\tA program implemented under this section must specify the following matters:\n\t(a)\tthe biosecurity risk or biosecurity impact to which the program relates;\n\t(b)\tthe biosecurity matter or class of biosecurity matter that the program affects;\n\t(c)\tthe objectives of the program;\n\t(d)\tthe strategies and methods to be applied under the program to prevent, eliminate, minimise, control or manage the biosecurity risk or biosecurity impact to which the program relates;\n\t(e)\tthe likely duration of the program;\n\t(f)\tthe manner in which the effectiveness of the program is to be monitored;\n\t(g)\tthe persons or classes of persons able to perform functions in relation to the prevention, elimination, minimisation, control or management of the biosecurity risk or biosecurity impact to which the program relates;\n\t(h)\tthe functions of those persons or classes of persons;\n\t(i)\twhether reimbursement for the destruction of any animal, plant or other property is to be payable under the program to the owner of the animal, plant or property;\n\t(j)\tif reimbursement is payable under the program, the manner in which the amount of reimbursement is to be determined;\n\t(k)\tthe type and frequency of reporting that will occur in connection with the program.\n\t(5)\tA program implemented under this section may also specify 1 or more of the following matters:\n\t(a)\tthe identification and examination of any biosecurity matter, carrier or other thing;\n\t(b)\tthe treatment of any biosecurity matter, carrier or other thing;\n\t(c)\tthe destruction or other disposal of any biosecurity matter, carrier or other thing if necessary to control a biosecurity risk or biosecurity impact;\n\t(d)\tmeasures to—\n\t(i)\teradicate specified biosecurity matter from a specified area; or\n\t(ii)\trestrict or reduce the spread of specified biosecurity matter in a specified area;\n\t(e)\tany other measures that the Minister considers appropriate to control the relevant biosecurity risk or biosecurity impact.\n\t(6)\tThe Chief Executive may, by notice published in the Gazette, amend or terminate a government biosecurity program on the Chief Executive's own initiative or at the request of the Minister.\nDivision 3—Biosecurity control agreements\n162—Biosecurity control agreements\n\t(1)\tThe Chief Executive may make an agreement with the owner or occupier of any premises in relation to carrying out treatment, destruction or other activities on those premises for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk or biosecurity impact.\n\t(2)\tAn agreement under subsection (1)—\n\t(a)\tis subject to such conditions as the Chief Executive considers appropriate; and\n\t(b)\tmay provide for the recovery by the Chief Executive of any costs incurred by the Crown in carrying out the agreement.\n\t(3)\tA person must not contravene a biosecurity control agreement.\n\t(4)\tThe Chief Executive may, by written notice to the other party to a biosecurity control agreement, suspend or revoke the agreement if—\n\t(a)\tthe Chief Executive reasonably believes that any condition of the agreement has not be complied with; or\n\t(b)\tthe Chief Executive is exercising a power conferred by the agreement.\n","sortOrder":19},{"sectionNumber":"Part 10","sectionType":"part","heading":"Biosecurity zones","content":"Part 10—Biosecurity zones\nDivision 1—General scheme\n163—Biosecurity zones\n\t(1)\tThe regulations may prescribe 1 or more of the following as a biosecurity zone:\n\t(a)\tany specified premises or specified part of premises;\n\t(b)\tany specified place, area or region or specified part of such place, area or region;\n\t(2)\tWithout limiting the generality of subsection (1), a biosecurity zone may be prescribed—\n\t(a)\tto provide for the long-term management of a biosecurity risk or biosecurity impact; or\n\t(b)\tto prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact.\n\t(3)\tA regulation prescribing a biosecurity zone must specify each of the following in respect of the zone:\n\t(a)\tthe biosecurity matter, or class of biosecurity matter, biosecurity risk or biosecurity impact in relation to which the biosecurity zone is prescribed;\n\t(b)\tthe premises, places, areas or regions which form the biosecurity zone in a clear and identifiable manner;\n\t(c)\tthe biosecurity zone measures to be followed in respect of the biosecurity zone;\n\t(d)\tthe persons, or class of persons, to which the biosecurity zone measures apply.\n\t(4)\tA regulation under this Division may only be made on the recommendation of the Minister.\n164—Biosecurity zone measures\n\t(1)\tA biosecurity zone measure is a measure to be implemented in respect of a biosecurity zone for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk, or biosecurity impact, in respect of which the biosecurity zone was established.\n\t(2)\tA biosecurity zone measure may be prescribed in respect of—\n\t(a)\tthe biosecurity zone in respect of which the measure is prescribed; or\n\t(b)\tan area outside of the biosecurity zone.\n\t(3)\tA biosecurity zone measure may do 1 or more of the following:\n\t(a)\tprohibit, regulate or control the doing of any thing;\n\t(b)\trequire, authorise, or provide for the doing of any thing (including so as to require a person to arrange for something to be done);\n\t(c)\timpose an evidentiary presumption in respect of biosecurity matter, a carrier, a dealing, a biosecurity risk or biosecurity impact, in relation to the biosecurity zone.\n\t(4)\tWithout limiting the generality of this section, a biosecurity zone measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3.\n165—Failure to comply with a biosecurity zone measure\n\t(1)\tA person must not contravene a biosecurity zone measure.\n\t(2)\tA person who commits an offence under subsection (1) because the person contravenes a requirement of a biosecurity zone measure—\n\t(a)\tcontinues, until the requirement is complied with and despite the fact that any specified period or time for compliance has expired or passed, to be liable to comply with the requirement; and\n\t(3)\tSubsection (2) does not apply to the extent that a requirement of a biosecurity zone measure has been revoked.\n166—Chief Officer may authorise required action and recover costs\n\t(1)\tIn addition to any penalty imposed under this Act, if a person contravenes a biosecurity zone measure, the relevant Chief Officer may authorise a person to enter premises and take action necessary to ensure the biosecurity zone measure is complied with or otherwise to remedy the contravention.\n\t(2)\tThe relevant Chief Officer may not authorise a person to enter residential premises unless, at least 24 hours before the person enters the premises, an occupier of the premises is given written notice of—\n\t(a)\tthe intention to enter the premises; and\n\t(b)\tthe proposed date on which the premises are intended to be entered.\n\t(3)\tNotice is not required to be given under subsection (2) if—\n\t(a)\tentry into the residential premises is made with the consent of the owner, or occupier, of the premises; or\n\t(b)\tentry into the residential premises is made under the authority of a warrant.\n\t(4)\tThe relevant Chief Officer may charge the person who has contravened the biosecurity zone measure a fee for the reasonable costs and expenses incurred in taking action under this section in respect of the contravention.\n\t(5)\tA fee charged under subsection (4) is a debt due to the Crown.\nDivision 2—Accreditation of biosecurity zones\n167—Accreditation of biosecurity zones\n\t(1)\tIf the Minister is satisfied that through the exercise of good management by the producers or processors of animals or plants, or animal products or plant products, in a specified biosecurity zone, the biosecurity zone is free of a specified pest or disease, or specified pests or diseases, the Minister may, by notice in the Gazette, declare the biosecurity zone to be free of the pest or disease, or pests or diseases, specified in the notice and authorise the use of specified statements in respect of animals or plants, or animal products or plant products, produced or processed in the biosecurity zone when advertising, packaging or selling those animals or plants, or animal products or plant products.\n\t(2)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n\t(3)\tA person must only use a statement specified in a notice under this section in respect of animals or plants, or animal products or plant products, produced or processed in the biosecurity zone specified in the notice.\nDivision 3—Limitations on regulation-making power\n168—Interpretation\nbiosecurity zone regulation means a regulation under Division 1.\n169—Detention or treatment of persons\n\t(1)\tA biosecurity zone regulation may not—\n\t(a)\tprohibit, regulate or control the movement of a person; or\n\t(b)\trequire treatment measures to be carried out on a person.\n\t(2)\tA biosecurity zone regulation may not require a person to provide samples of the person's blood, hair, saliva or any other body part or body fluid.\n\t(3)\tSubsection (1)(a) does not prevent a biosecurity zone regulation being imposed in relation to any biosecurity matter, premises, vehicle, area, activity or other thing that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person.\n170—Destruction requirements\n\t(1)\tA biosecurity zone regulation may not require or authorise the destruction of a thing unless—\n\t(c)\tthe thing is a pest to which the biosecurity zone relates; or\n\t(d)\tthe thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, the biosecurity matter to which the regulations relate and there are no other reasonably practicable treatment measures that could prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter; or\n\t(e)\tthe thing is, or is reasonably suspected of being—\n\t(i)\tabandoned; and\n\t(ii)\tbiosecurity matter to which the regulations relate or a carrier of biosecurity matter to which the regulations relate.\nreasonably practicable means reasonably practicable in the opinion of the relevant Chief Officer or an authorised officer;\nreasonably suspected means reasonably suspected by the relevant Chief Officer or an authorised officer.\n171—Consultation requirements\n\t(1)\tThe Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect a protected species under the Fisheries Management Act 2007, consult with the Minister for the time being administering that Act.\n\t(2)\tThe Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972, consult with the Minister for the time being administering that Act.\n\t(3)\tThe Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991, consult with the Minister for the time being administering that Act.\n\t(4)\tThe Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993, consult with the Minister for the time being administering that Act.\n\t(5)\tThe Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any Aboriginal site, object or remains that are the subject of any form of protection under the Aboriginal Heritage Act 1988, consult with the Minister for the time being administering that Act.\n\t(6)\tA failure to comply with this section does not affect the validity of any regulation.\nDivision 4—Warrants\n172—Warrants\n\t(1)\tA warrant required for the purposes of this Part in relation to premises is a warrant issued by a magistrate.\n\t(2)\tA magistrate must not issue a warrant that will allow entry into premises unless satisfied that there are reasonable grounds to believe that the circumstances require entry to the premises without giving the notice otherwise required under this Part.\n\t(3)\tA warrant may authorise the use of reasonable force to break into premises.\n","sortOrder":20},{"sectionNumber":"Part 11","sectionType":"part","heading":"Orders and directions","content":"Part 11—Orders and directions\nDivision 1—Emergency orders\n173—Emergency orders\n\t(1)\tThe Minister may, by order—\n\t(a)\tdeclare a biosecurity emergency; and\n\t(b)\testablish measures to respond to that biosecurity emergency.\n\t(2)\tSubject to this Division, an order under subsection (1) must specify each of the following:\n\t(a)\tthe purpose of the order;\n\t(b)\tthe biosecurity matter, biosecurity risk or biosecurity impact that is the subject of the emergency;\n\t(c)\tthe emergency zone or zones to which the order relates;\n\t(d)\tthe emergency measures to be followed;\n\t(e)\tthe persons or class of persons to whom the emergency measures apply;\n\t(f)\twhen the emergency order takes effect;\n\t(g)\tthe duration of the emergency order.\n\t(3)\tThe Minister may only make an order under subsection (1) if the Minister is satisfied, or reasonably suspects, that there is a current or imminent biosecurity risk that may have a significant biosecurity impact.\n\t(4)\tAn order under subsection (1) may be made for 1 or more of the following reasons:\n\t(a)\tto isolate an emergency zone or biosecurity matter;\n\t(b)\tto prevent the spread of biosecurity matter;\n\t(c)\tto eradicate biosecurity matter (if practicable or insofar as is reasonably practicable);\n\t(d)\tfor any other reason the Minister considers necessary.\n174—Duration of emergency order\n\t(1)\tAn emergency order remains in force for the period specified in the order, not exceeding 12 months from the date on which the order is published or served under this Division.\n\t(2)\tThe Minister may, by making an order that amends an emergency order, extend the period during which an emergency order remains in force for a further period not exceeding 6 months.\n\t(3)\tThe duration of an emergency order may be extended under subsection (2) as many times as the Minister considers necessary.\n\t(4)\tIf the Minister extends the duration of an emergency order so that it will be in force for more than 18 months, the Minister must cause a written report on the making and extension of the emergency order to be laid before both Houses of Parliament within 12 sitting days after that extension is made by the Minister.\n175—Notice of emergency order generally\n\t(1)\tThe Minister must give notice of an emergency order by causing a copy of the order to be published—\n\t(b)\tin the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website.\n\t(2)\tThe Minister must take reasonable steps to ensure that all persons who are likely to be directly affected by an emergency order are made aware of the order.\n\t(3)\tThis section does not apply if notice is given under section 176.\n176—Notice of emergency order relating to specific property\n\t(1)\tIf the Minister makes an emergency order that is property-specific, the Minister may give notice of the order by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the property.\n\t(2)\tFor the purposes of subsection (1), an emergency order is property-specific if it only relates to specified premises, specified biosecurity matter or any other specified thing.\n177—Emergency zones\n\t(1)\tFor the purposes of this Act, an area is an emergency zone if the Minister specifies the area as an emergency zone as part of an emergency order in respect of the area.\n\t(2)\tAn emergency zone may be made up of 1 or more of the following, as specified in an emergency order:\n\t(a)\tany premises, group of premises or part of premises;\n\t(b)\tany place, area or region;\n\t(3)\tAn emergency order may provide for more than 1 emergency zone and for different classes of emergency zones.\n178—Emergency measures\n\t(1)\tFor the purposes of this Act, a measure to be followed that is specified by the Minister in an emergency order is an emergency measure.\n\t(2)\tThe Minister may specify in an emergency order any measures that the Minister considers are reasonably necessary to respond to the biosecurity emergency to which the order relates.\n\t(3)\tAn emergency measure specified in an emergency order is to be no more onerous than the Minister considers reasonably necessary in the circumstances, having regard to the nature of the biosecurity emergency to which the order relates.\n\t(4)\tIn deciding on the emergency measures to be specified in an emergency order, the Minister must have regard to the matters referred to in section 173 and any other matters that the Minister considers relevant.\n\t(5)\tThe emergency measures may apply—\n\t(a)\twithin an emergency zone; and\n\t(b)\toutside an emergency zone, but only if the Minister considers that to be reasonably necessary having regard to the nature of the biosecurity emergency to which the emergency order relates.\n\t(6)\tAn emergency measure may—\n\t(a)\tprohibit, regulate or control the doing of any thing; or\n\t(b)\trequire or authorise the doing of any thing (including so as to require a person to arrange for something to be done).\n\t(7)\tWithout limiting the generality of this section, an emergency measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3.\n179—Additional emergency measures\n\t(1)\tIn addition to section 178, emergency measures may do 1 or more of the following:\n\t(a)\tprohibit, regulate or control entry into, or exit from, any specified area or premises;\n\t(b)\tprohibit, regulate or control the use of any road within, or going into or out of, any specified area or premises (including by closing roads);\n\t(c)\trequire persons entering or leaving any specified area or premises in a vehicle to stop and, if required by an authorised officer—\n\t(i)\tto allow the vehicle to be inspected; and\n\t(ii)\tto allow treatment measures to be carried out in relation to the vehicle;\n\t(d)\trequire persons entering or leaving any specified area or premises to stop and, if required by an authorised officer—\n\t(i)\tto allow the person and any thing in their care, custody or control to be inspected; and\n\t(ii)\tto carry out or enable external treatment measures to be carried out in relation to the person and any thing in their care, custody or control;\n\t(e)\tprohibit persons from entering or leaving any specified area or premises unless the person has done either or both of the following:\n\t(i)\tcarried out, in relation to themselves, any specified external treatment measure;\n\t(ii)\tcarried out, in relation to any thing in the person's care, custody or control, any specified treatment measure.\n\t(2)\tAn emergency order may not prohibit, regulate or control the movement of a person, except as expressly authorised by this section.\n\t(3)\tSubsection (2) does not prevent an emergency measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, activity or other thing, that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person.\n180—Measures which may not be emergency measures\n\t(1)\tAn emergency order may not include the following measures:\n\t(a)\ta requirement for a treatment measure, other than an external treatment measure, to be carried out on a person;\n\t(b)\ta requirement for a person to provide samples of the person's blood, hair, saliva or any other body part or body fluid.\n\t(2)\tAn emergency order may not require or authorise the destruction of biosecurity matter or any other thing unless—\n\t(a)\tthe Minister is of the opinion that the destruction is reasonably necessary to assess, prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact; or\n\t(b)\tthe biosecurity matter to be destroyed is an animal and the Minister, on the advice of the Chief Veterinary Officer, is satisfied that the destruction is necessary—\n\t(i)\tto prevent or minimise any adverse effect on animal welfare, including any distress or likely distress to an animal; or\n\t(ii)\tto detect, diagnose or determine the cause of a disease.\n\t(3)\tIf an emergency order requires or authorises the destruction of biosecurity matter or any other thing, a copy of the order must be given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless—\n\t(a)\tthere appears to be no-one immediately in control of it, and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located; and\n\t(b)\tthe Minister considers that, in the circumstances, the order must be carried out without delay or prior notice to the owner or person in charge.\n181—Inspection of persons\nA requirement in an emergency order that a person is to allow themselves to be inspected by an authorised officer only authorises the authorised officer to require the person to do any of the following:\n\t(a)\tto submit to a visual inspection (including of the exterior of the person's clothing, accessories and shoes);\n\t(b)\tto shake, or otherwise move, the person's hair;\n\t(c)\tto make available for inspection any thing in the person's possession.\n182—Emergency order prevails\ndesignated Act means any of the following:\n\t(a)\tthe Aboriginal Heritage Act 1988;\n\t(b)\tthe Animal Welfare Act 1985;\n\t(c)\tthe Aquaculture Act 2001;\n\t(d)\tthe Dog and Cat Management Act 1995\n\t(e)\tthe Environment Protection Act 1993;\n\t(f)\tthe Fisheries Management Act 2007;\n\t(g)\tthe Heritage Places Act 1993;\n\t(h)\tthe Landscape South Australia Act 2019;\n\t(i)\tthe Local Government Act 1999;\n\t(j)\tthe Marine Parks Act 2007;\n\t(k)\tthe Mining Act 1971;\n\t(l)\tthe National Parks and Wildlife Act 1972;\n\t(m)\tthe Native Vegetation Act 1991;\n\t(n)\tthe Pastoral Land Management and Conservation Act 1989;\n\t(o)\tthe Phylloxera and Grape Industry Act 1995;\n\t(p)\tthe Veterinary Practice Act 2003;\n\t(q)\tthe Wilderness Protection Act 1992;\n\t(r)\tany other Act specified by the regulations as being included within the ambit of this definition.\n\t(2)\tAn emergency order prevails, to the extent of any inconsistency, over the following:\n\t(a)\tthe regulations;\n\t(b)\ta registration, authorisation, approval, exemption or other right or instrument granted, or in effect, under this Act;\n\t(c)\ta permit granted or in effect under this Act, other than an emergency permit given in relation to the emergency that is the subject of the emergency order;\n\t(d)\ta biosecurity program or biosecurity control agreement made, or in effect, under this Act;\n\t(e)\ta control order;\n\t(f)\ta biosecurity direction, other than an emergency biosecurity direction given in relation to the emergency that is the subject of the emergency order;\n\t(g)\ta provision of a designated Act.\n\t(3)\tSubsection (2)(g) applies despite the provisions of the designated Act.\n183—Offences\n\t(1)\tA person must not contravene an emergency order.\n\t(3)\tSubject to subsection (4), the owner of premises in relation to which an emergency order is in force must notify the relevant Chief Officer of an intended sale of the premises or part of the premises—\n\t(a)\tunless paragraph (b) applies—no less than 28 days before the date of settlement; or\n\t(b)\tif the date of settlement is less than 28 days from the date on which the emergency order applied in relation to the premises (the relevant date)—within 7 days from the relevant date.\n\t(4)\tSubsection (3) does not apply in circumstances prescribed by the regulations.\n\t(5)\tIt is a defence in proceedings for an offence against subsection (1) or (3) if the defendant establishes that, at the time of the alleged offence—\n\t(a)\tnotice of the emergency order had not been published in accordance with this Division; and\n\t(b)\tan authorised officer had not notified the person orally, or in writing or otherwise, of the making of the emergency order.\n\t(6)\tA person must not, without reasonable excuse, hinder or obstruct another person complying with an emergency order.\n184—Variation or revocation of emergency order\n\t(1)\tThe Minister may vary or revoke an emergency order.\n\t(2)\tA variation to an emergency order may make provision for any matter for which an emergency order may make provision.\n\t(3)\tA variation to, or revocation of, an emergency order takes effect, and must be notified, in the same way as an emergency order.\n185—SA Police\nA member of SA Police (within the meaning of the Police Act 1998) has all the powers of an authorised officer during the declaration of a biosecurity emergency in relation to the emergency (and, without limiting this provision, a reference to an authorised officer in this Division will be taken to include a reference to a member of SA Police).\nDivision 2—Control orders\n186—Control orders\n\t(1)\tThe Minister may, by order—\n\t(a)\testablish 1 or more control zones; and\n\t(b)\testablish control measures, in connection with a control zone, to prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, or a biosecurity impact.\n\t(2)\tThe Minister may make an order under subsection (1) if the Minister is satisfied that the order is necessary to guard against, prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, or a biosecurity impact.\n187—Content of control orders\nSubject to this Division, a control order must specify each of the following:\n\t(a)\tthe purpose of the order;\n\t(b)\tthe biosecurity matter, biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the control order relates;\n\t(c)\tthe control zone or zones;\n\t(d)\tthe control measures;\n\t(e)\tthe persons or class of persons to whom the control measures apply;\n\t(f)\twhen the control order takes effect, or the circumstances under which the control order takes effect.\n188—Duration of control orders\n\t(1)\tA control order remains in force for the period specified in the order, not exceeding 5 years from the date on which the order takes effect.\n\t(2)\tThe Minister may, by making an order that amends a control order, extend the period during which a control order remains in force for a further period not exceeding 5 years.\n\t(3)\tThe duration of a control order may be extended under subsection (2) as many times as the Minister considers necessary.\n\t(4)\tIf the Minister extends the duration of a control order so that it will be in force for more than 10 years, the Minister must cause a written report on the making and extension of the control order to be laid before both Houses of Parliament within 12 sitting days after that extension is made by the Minister.\n189—Notice of control orders generally\n\t(1)\tThe Minister must give notice of a control order by causing a copy of the order to be published—\n\t(b)\tin the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website.\n\t(2)\tThe Minister must take reasonable steps to ensure that all persons who are likely to be directly affected by a control order are made aware of the order.\n\t(3)\tThis section does not apply if notice is given under section 190.\n190—Notice of control orders relating to specific property\n\t(1)\tIf the Minister makes a control order that is property-specific, the Minister may give notice of the order by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the property.\n\t(2)\tFor the purposes of subsection (1), a control order is property-specific if it only relates to specified premises, specified biosecurity matter or any other specified thing.\n191—Control zones\n\t(1)\tFor the purposes of this Act, a control zone is the area or areas—\n\t(a)\tspecified in a control order; and\n\t(b)\tin relation to which, in the opinion of the Minister, control measures are required to be established.\n\t(2)\tA control zone may be made up of 1 or more of the following, as specified in a control order:\n\t(a)\tany premises, group of premises or part of premises;\n\t(b)\tany place, area or region;\n\t(3)\tA control order may provide for more than 1 control zone and for different classes of control zones.\n192—Control measures\n\t(1)\tFor the purposes of this Act, a control measure is a measure that the Minister establishes to guard against, prevent, eliminate, minimise, control or manage the biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the order relates.\n\t(2)\tThe Minister may specify, as control measures under a control order, any measures that the Minister considers are reasonably necessary to prevent, eliminate, minimise, control or manage the biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the order relates.\n\t(3)\tThe control measures are to be no more onerous than the Minister considers reasonably necessary in the circumstances.\n\t(4)\tIn deciding on the control measures to be specified in a control order, the Minister is to have regard to the principal objects of the order and any other matters that the Minister considers relevant.\n\t(5)\tA control measure may apply—\n\t(a)\twithin a control zone; and\n\t(b)\toutside a control zone, but only if the Minister considers that to be reasonably necessary having regard to the nature of the biosecurity risk or suspected biosecurity risk, or biosecurity impact.\n\t(6)\tA control measure may—\n\t(a)\tprohibit, regulate or control the doing of any thing; or\n\t(b)\trequire or authorise the doing of any thing (including so as to require a person to arrange for something to be done).\n\t(7)\tWithout limiting the generality of this section, a control measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3.\n193—Measures which may not be control measures\n\t(1)\tA control order may not—\n\t(a)\tprohibit, regulate or control the movement of a person; or\n\t(b)\trequire any treatment measure to be carried out on a person.\n\t(2)\tA control order may not require a person to provide samples of the person's blood, hair, saliva or any other body part or body fluid.\n\t(3)\tSubsection (1)(a) does not prevent a control measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, activity or other thing, that has an impact on the movement of a person but is not imposed for the purpose of restricting the movement of a person.\n194—Destruction requirements\n\t(1)\tA control order may not require or authorise the destruction of a thing unless—\n\t(c)\tthe thing is, or is reasonably suspected of being, a pest to which the control order relates; or\n\t(d)\tthe thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter to which the control order relates and there are no other reasonably practicable and available—\n\t(i)\ttreatment measures that could eliminate, minimise, control or manage the biosecurity risk or potential biosecurity risk posed by the biosecurity matter; or\n\t(ii)\tmeans of determining or confirming whether the thing is infected or infested with, or harbouring, the biosecurity matter; or\n\t(e)\tthe thing is reasonably suspected of being—\n\t(i)\tabandoned; or\n\t(ii)\tbiosecurity matter to which the control order relates or a carrier of biosecurity matter to which the control order relates.\nreasonably practicable means reasonably practicable in the opinion of the Minister or an authorised officer;\nreasonably suspected means reasonably suspected in the opinion of the Minister or an authorised officer.\n195—Consultation requirements\n\t(1)\tThe Minister must, before making a control order that would adversely affect any animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972, consult with the Minister for the time being administering that Act.\n\t(2)\tThe Minister must, before making a control order that would result in the clearance of any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991, consult with the Minister for the time being administering that Act.\n\t(3)\tThe Minister must, before making a control order that would adversely affect any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993, consult with the Minister for the time being administering that Act.\n\t(4)\tThe Minister must, before making a control order that would adversely affect any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal Heritage Act 1988, consult with the Minister for the time being administering that Act.\n\t(5)\tThe Minister must, before making a control order that would adversely affect a protected species under the Fisheries Management Act 2007, consult with the Minister for the time being administering that Act . \n\t(6)\tA failure to comply with this section does not affect the validity of a control order.\n196—Offences\n\t(1)\tA person must not contravene a control order.\n\t(3)\tSubject to subsection (4), the owner of premises in relation to which a control order is in force must notify the relevant Chief Officer of an intended sale of the premises or part of the premises—\n\t(a)\tunless paragraph (b) applies—no less than 28 days before the date of settlement; or\n\t(b)\tif the date of settlement is less than 28 days from the date on which the control order applied in relation to the premises (the relevant date)—within 7 days from the relevant date.\n\t(4)\tSubsection (3) does not apply in circumstances prescribed by the regulations.\n\t(5)\tA person must not, without reasonable excuse, hinder or obstruct another person complying with a control order.\n197—Variation or revocation of control order\n\t(1)\tThe Minister may vary or revoke a control order.\n\t(2)\tA variation to a control order may make provision for any matter for which a control order may make provision.\n\t(3)\tA variation to, or revocation of, a control order takes effect, and must be notified, in the same way as a control order.\nDivision 3—Biosecurity directions\n198—Interpretation\ndesignated entity means—\n\t(b)\tthe relevant Chief Officer; or\n\t(c)\tan authorised officer.\n199—Types of biosecurity direction\n\t(1)\tA direction under this Division (a biosecurity direction) may be given as—\n\t(a)\ta general biosecurity direction; or\n\t(b)\tan individual biosecurity direction.\n\t(2)\tA general biosecurity direction is a direction that applies to the public generally or to a specified class of persons such as persons who engage in a specified activity, or who frequent particular premises.\n\t(3)\tAn individual biosecurity direction is a direction that applies to a particular person.\n200—Period for which biosecurity direction has effect\nA biosecurity direction must specify—\n\t(a)\tthe period for which the direction has effect; or\n\t(b)\tthe time within which a requirement under the direction must be complied with (which must be reasonable).\n201—Related provision\nA power to give a biosecurity direction may be exercised whether or not any other power, including a power of entry under Part 14, is being exercised.\nSubdivision 2—General biosecurity directions\n202—General biosecurity direction\n\t(1)\tThe Chief Executive may give a general biosecurity direction if the Chief Executive reasonably believes it is necessary to do so for any of the following reasons:\n\t(a)\tto assess, prevent, eliminate, minimise, control, manage or monitor a biosecurity risk or suspected biosecurity risk, or a biosecurity impact;\n\t(b)\tto support a market access arrangement;\n\t(c)\tto enforce, administer or implement this Act, the regulations or any instrument made under this Act.\n\t(2)\tThe Chief Executive may, in a general biosecurity direction, prohibit, regulate or control the carrying out of any activity in connection with biosecurity matter, a carrier or a potential carrier.\n\t(3)\tWithout limiting the generality of this section, a general biosecurity direction may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3.\n\t(4)\tA general biosecurity direction may be subject to such conditions as the Chief Executive considers reasonable in the circumstances.\n\t(5)\tIn an emergency, the Chief Executive may also do 1 or more of the following in a general biosecurity direction:\n\t(a)\tprohibit, regulate or control entry into, or exit from, any specified area or premises;\n\t(b)\tprohibit, regulate or control the use of any road within or going into or out of a specified area or premises (including by closing roads).\n\t(6)\tThis section is in addition to, and does not limit, any other functions or powers of the Chief Executive, a Chief Officer or an authorised officer under this Act.\n\t(7)\tIn this section—\nmarket access arrangement means an arrangement or process for establishing the condition of any—\n\t(a)\tanimal, plant or organism; or\n\t(b)\tpart of an animal, plant or organism; or\n\t(c)\tanimal product or plant product; or\n\t(d)\tproperty; or\n\t(e)\tthing prescribed by the regulations,\nas a requirement for access to a market, commercial arrangement, service or facility.\n203—How general biosecurity direction is given\n\t(1)\tSubject to subsection (2), a general biosecurity direction may be given by causing a copy of the direction to be published—\n\t(b)\tin the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website.\n\t(2)\tIf the Chief Executive considers that giving a general biosecurity direction under this subsection is reasonably necessary, a general biosecurity direction may be given by displaying a copy of the direction in a prominent place on or adjacent to any premises or place to which, or in the vicinity of which, the direction applies.\n\t(3)\tIf a general biosecurity direction is given under subsection (2), notice of the direction must be published on the Department website or in the Gazette (or both) as soon as practicable after the direction is made.\n\t(4)\tIf a general biosecurity direction is given in an emergency, the direction must include a statement that the direction is being given in an emergency.\n\t(5)\tA failure to comply with this section does not affect the validity of a general biosecurity direction.\nSubdivision 3—Individual biosecurity directions\n204—Individual biosecurity direction\n\t(1)\tA designated entity may give an individual biosecurity direction that prohibits, regulates or controls the doing of any thing by or on behalf of the person to whom the direction is given, if the designated entity reasonably believes that the direction is necessary for any of the following reasons:\n\t(a)\tto prevent the person from contravening or continuing to contravene this Act;\n\t(b)\tto assess, prevent, eliminate, minimise, control or manage any biosecurity risk or suspected biosecurity risk, or biosecurity impact;\n\t(c)\tto enforce, administer or implement this Act, the regulations or any instrument made under this Act.\n\t(2)\tA designated entity may also give an individual biosecurity direction that requires a person to do a thing (including so as to require the person to arrange for something to be done) if the designated entity reasonably believes that the direction is necessary for 1 or more of the following reasons:\n\t(a)\tto ensure that the person discharges a biosecurity duty imposed on the person by or under this Act;\n\t(b)\tto require or ensure that the person remedies a contravention, suspected contravention or likely contravention by the person of this Act;\n\t(c)\tto prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, posed by a dealing of the person, or suspected dealing of the person, with biosecurity matter, a carrier or a potential carrier;\n\t(d)\tto enforce, administer or implement this Act, the regulations or any instrument made under this Act.\n\t(3)\tWithout limiting the generality of this section, an individual biosecurity direction may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3.\n\t(4)\tAn individual biosecurity direction may be subject to such conditions as the designated entity giving the direction considers reasonable in the circumstances.\n205—How individual biosecurity direction is given\n\t(1)\tA designated entity may give an individual biosecurity direction by giving the direction to the person who is the subject of the direction—\n\t(a)\tin the case of an authorised officer, orally while in the presence of the person if—\n\t(i)\tthe authorised officer is authorised, under their instrument of appointment as an authorised officer, to give such a direction orally; or\n\t(ii)\tthe authorised officer is giving the direction in an emergency; or\n\t(b)\tby written notice served on the person.\n\t(2)\tA designated entity may, in an emergency, give an individual biosecurity direction to an occupier of premises by causing notice of the direction to be displayed in a prominent place on or adjacent to the premises.\n\t(3)\tIf an individual biosecurity direction is given orally or in the manner referred to in subsection (2), written confirmation of the direction must be served on the person who is the subject of the direction within 72 hours after it is so given, unless the direction has already been complied with.\n\t(4)\tIf an individual biosecurity direction is given in an emergency, the direction must include a statement that the direction is being given in an emergency.\n\t(5)\tA failure to comply with this section does not affect the validity of an individual biosecurity direction.\n206—Special emergency powers—inspection and treatment measures\n\t(1)\tA designated entity who gives an individual biosecurity direction in an emergency may direct a person to do any of the following:\n\t(a)\tto permit an authorised officer to inspect the person for biosecurity matter, a carrier or a potential carrier;\n\t(b)\tto permit an authorised officer to inspect any thing in the person's possession, care, custody or control, for biosecurity matter, a carrier or a potential carrier;\n\t(c)\twithout limiting a preceding paragraph—to require the person, if in control or apparently in control of a vehicle—\n\t(i)\tto stop or secure the vehicle;\n\t(ii)\tto permit the vehicle to be inspected for biosecurity matter, a carrier or a potential carrier;\n\t(iii)\tto carry out treatment measures or permit treatment measures to be carried out in relation to the vehicle;\n\t(d)\tto carry out or permit an external treatment measure to be carried out in relation to the person;\n\t(e)\tto carry out a treatment measure or permit a treatment measure to be carried out in relation to any thing in the person's possession, care, custody or control.\n\t(2)\tThis section is in addition to, and does not limit, any other functions or powers of the Chief Executive, a Chief Officer or an authorised officer under this Act.\n207—Recovery of costs\n\t(1)\tThe Chief Executive may charge the person to whom an individual biosecurity direction is given the reasonable costs of any inspection, test or assessment made by, or on behalf of, a designated entity as part of preparing the direction.\n\t(2)\tAny costs charged under subsection (1) are recoverable in accordance with the regulations.\nSubdivision 4—Related provisions\n208—Measures which may not be included in biosecurity direction\n\t(1)\tA designated entity may not include any of the following measures in a biosecurity direction, except as authorised by this Act in an emergency:\n\t(a)\tprohibit, regulate or control the movement of a person;\n\t(b)\trequire a treatment measure, other than an external treatment measure, to be carried out on a person.\n\t(2)\tA biosecurity direction may not require a person to provide samples of the person's blood, hair, saliva or any other body part or body fluid.\n\t(3)\tSubsection (1)(a) does not prevent an emergency measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, activity or other thing, that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person.\n\t(4)\tA power conferred by this Division to require a person to submit to an inspection is a power to require the person to do any of the following:\n\t(a)\tto submit to a visual inspection (including of the exterior of the person's clothing and shoes);\n\t(b)\tto shake, or otherwise move, the person's hair;\n\t(c)\tto make available for inspection any thing in the person's possession.\n\t(5)\tA designated entity may only direct the destruction of a thing under this Division if—\n\t(c)\tthe thing is a pest; or\n\t(d)\tthe thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter and there are no other reasonably practicable and available treatment measures that could eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter; or\n\t(e)\tthe destruction is authorised or required by—\n\t(iii)\tany regulation; or\n\t(f)\tthe destruction is authorised by a warrant issued by a magistrate.\n\t(6)\tA magistrate must not issue a warrant under subsection (5)(f) unless satisfied that the warrant is reasonably required in the circumstances of the case.\n\t(7)\tAn application to issue a warrant under subsection (5)(f)—\n\t(8)\tIn this section—\nreasonably practicable means reasonably practicable in the opinion of a designated entity;\nreasonably suspected means reasonably suspected in the opinion of a designated entity.\n209—Interaction with other Acts\n\t(1)\tAn authorised officer, other than an authorised officer acting with the approval of the Chief Executive or a Chief Officer, must not in the exercise of a power under this Division direct a person to do any of the following:\n\t(a)\tdestroy a fish that is an aquatic resource of a protected species under the Fisheries Management Act 2007;\n\t(b)\tdestroy a living thing that is an animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972;\n\t(c)\tclear any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991;\n\t(d)\tdamage, destroy or disturb any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993;\n\t(e)\tdamage, destroy or disturb any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal Heritage Act 1988.\n\t(2)\tThe Minister must, in connection with the operation of this section, enter into an arrangement with the Minister responsible for the administration of any Act referred to in subsection (1) specifying the circumstances in which that Minister is to be consulted before action is taken under that subsection.\n\t(3)\tThe Chief Executive, a Chief Officer or an authorised officer must, when acting under subsection (1), take into account the requirements of an arrangement under subsection (2).\n\t(4)\tAn arrangement under subsection (2) does not limit the power of an authorised officer to do anything in the case of an emergency.\n\t(5)\tFurthermore, this section (including an arrangement under subsection (2)) does not limit the power of an authorised officer to do a thing where that action is expressly authorised by—\n\t(c)\tany regulation.\n\t(6)\tThis section applies despite the provisions of any Act referred to in subsection (1).\n210—Variation or revocation of biosecurity direction\n\t(1)\tA designated entity may vary or revoke a biosecurity direction (although an authorised officer may only vary or revoke an individual biosecurity direction that has been issued by an authorised officer).\n\t(2)\tA variation to a biosecurity direction may make provision for any matter for which a biosecurity direction may make provision.\n\t(3)\tWithout limiting subsection (2), a biosecurity direction may be varied by extending the time for complying with the direction.\n\t(4)\tA variation to, or revocation of, a biosecurity direction takes effect, and must be notified, in the same way as a biosecurity direction.\n211—Offences\n\t(1)\tA person must not contravene a biosecurity direction.\n\t(3)\tIt is a defence in proceedings for an offence against subsection (1) if the defendant establishes—\n\t(a)\tthat the defendant had a reasonable excuse for the contravention; or\n\t(b)\tin the case of a general biosecurity direction—that, at the time of the alleged offence—\n\t(i)\tnotice of the direction had not been published in accordance with the Division; and\n\t(ii)\ta designated entity, or an authorised officer acting on behalf of a designated entity, had not notified the person orally, or in writing or otherwise, of the making of the direction.\n\t(4)\tA person must not act in contravention of the terms of any sign that has been erected by an authorised officer for the purposes of a biosecurity direction.\n\t(5)\tA person must not, without reasonable excuse, hinder or obstruct another person complying with a biosecurity direction.\nDivision 4—Action on default\n212—Action on default\ndesignated instrument means—\n\t(c)\ta biosecurity direction.\n\t(2)\tIf a person fails to comply with a designated instrument—\n\t(a)\tthe Chief Executive may authorise a person to enter premises and to take action required by the designated instrument; or\n\t(b)\tin the case of an individual biosecurity direction issued by an authorised officer—an authorised officer may enter, or authorise a person to enter, premises and take any action in relation to those premises or anything on those premises that was required under the direction or that is otherwise necessary to remedy the failure.\n\t(3)\tThe Chief Executive may charge the person who failed to comply with the designated instrument a fee for the reasonable costs and expenses incurred in taking action under this section (including under subsection (2)(b)).\n\t(4)\tA fee charged under subsection (3) is a debt due to the Crown.\n\t(5)\tIf, as part of action taken under this section, a person intends to enter residential premises for the purposes of taking the action, notice must be given to an occupier of the premises in accordance with the regulations before the person enters the residential premises.\n\t(6)\tA notice under subsection (5) must—\n\t(a)\tspecify the day on which the residential premises are intended to be entered; and\n\t(b)\tbe given to an occupier of the residential premises at least 24 hours before the person enters the residential premises.\n\t(7)\tNotice is not required under this section in relation to residential premises if—\n\t(a)\tentry into the premises is made with the consent of an owner, or occupier, of the premises; or\n\t(b)\tentry into the premises is made under the authority of a warrant.\n\t(8)\tAny action under this section for failure to comply with a designated instrument is in addition to the taking of proceedings for an offence of failing to comply with such an instrument.\nDivision 5—Warrants\n213—Warrants\n\t(1)\tA warrant required for the purposes of this Part in relation to premises is a warrant issued by a magistrate.\n\t(2)\tA magistrate must not issue a warrant that will allow entry into premises unless satisfied that there are reasonable grounds to believe that the circumstances require entry to the premises without giving the notice otherwise required under this Part.\n\t(3)\tA warrant may authorise the use of reasonable force to break into premises.\n","sortOrder":21},{"sectionNumber":"Part 12","sectionType":"part","heading":"Reimbursement and compensation","content":"Part 12—Reimbursement and compensation\nDivision 1—Reimbursement\n214—Eligibility for reimbursements\n\t(1)\tThe owner of an animal, plant or other property is eligible for reimbursement under this Division for the death or destruction of the animal, plant or other property if—\n\t(a)\tthe animal, plant or property is covered by a biosecurity emergency (response and cost-sharing) agreement, and the agreement provides for reimbursement in respect of that death or destruction; or\n\t(b)\tthe animal, plant or property is covered by an approved biosecurity program, and the program provides for reimbursement in respect of that death or destruction; or\n\t(c)\tthe animal, plant or property is covered by a Government biosecurity program, and the program provides for reimbursement in respect of that death or destruction; or\n\t(d)\tany other prescribed circumstances.\n\t(2)\tDespite subsection (1), a person is not eligible for reimbursement under this Division—\n\t(a)\tfor the death or destruction of any animal, plant or other property arising from, or connected with, a contravention of this Act committed by or on behalf of the person; or\n\t(b)\tfor any loss of profit, loss occasioned by breach of contract, loss of production, or any other consequential loss.\n\t(3)\tA person is not eligible for reimbursement under this Division in any circumstances other than those referred to in subsection (1).\n215—Claims for reimbursement\n\t(1)\tSubject to subsection (2), a claim for reimbursement under this Division must—\n\t(b)\tlodged with the Chief Executive; and\n\t(c)\tinclude, or be accompanied by, any information or evidence that the Chief Executive reasonably requires in connection with the application; and\n\t(d)\tbe made within 3 months after the death or destruction of the animal, plant or other property (as the case may be), or such longer period as the Chief Executive may, in the Chief Executive's absolute discretion, allow.\n\t(2)\tIf an approved biosecurity program specifies a manner in which a claim for reimbursement may be made, a claim for reimbursement in respect of an animal, plant or other property destroyed under the program must be made in the manner specified in that program.\n\t(3)\tThe Chief Executive may, by written notice, require a person claiming reimbursement to provide further information, documents or records relevant to the claim.\n216—Amount of reimbursement\nThe amount of reimbursement payable under this Division is—\n\t(a)\tin the case of an animal, plant or property covered by a biosecurity emergency (response and cost-sharing) agreement, the amount allowed by, or determined in accordance with, that agreement;\n\t(b)\tin the case of an animal, plant or property covered by an approved biosecurity program, the amount allowed by, or determined in accordance with, that program;\n\t(c)\tin the case of an animal, plant or property covered by a Government biosecurity program, the amount allowed by, or determined in accordance with, that program;\n\t(d)\tin prescribed circumstances that allow for reimbursement under this Division, the amount allowed by, or determined in accordance with, the regulations\n217—Determination of value\n\t(1)\tThe calculation of the value of any animal, plant or other property that may be the subject of a claim for reimbursement under this Division must be made in accordance with the regulations.\n\t(2)\tA regulation made for the purposes of this Division may apply retrospectively, but only if the Minister has certified in writing that the retrospective regulation does not affect, in a manner prejudicial to any person (other than the Crown), a right to reimbursement under this Division existing before the date of its commencement.\n\t(3)\tThe regulations may provide for a calculation based on the market value or the replacement value of any animal, plant or other property.\n\t(4)\tThis section (and any regulations made under this section) do not apply to the extent that a biosecurity emergency (response and cost-sharing) agreement, an approved biosecurity program or a Government biosecurity program (as the case may be) provides for the calculation of the value of any animal, plant or other property covered by the relevant agreement or program.\n218—Reimbursement may be withheld\n\t(1)\tThe Chief Executive may cause to be retained the whole or part of the reimbursement payable under this Division if a doubt or dispute arises as to the eligibility of a person for the reimbursement.\n\t(2)\tThe Chief Executive should seek to ensure that any doubt or dispute is resolved within the period prescribed by the regulations.\n219—Payment of reimbursement\nA reimbursement under this Division is payable—\n\t(a)\tin respect of an animal, plant or other property destroyed under an approved biosecurity program—\n\t(i)\tby the entity specified in the program; and\n\t(ii)\twithin the period specified in the program in respect of reimbursements; or\n\t(b)\tin any other case—\n\t(i)\tby the Crown; and\n\t(ii)\twithin 1 month, unless another period is prescribed, after both the eligibility of the person for reimbursement, and the amount of reimbursement payable, has been determined.\n220—Recovery of reimbursement\nIf the Crown has mistakenly paid an amount by way of reimbursement, or partial reimbursement, under this Division to a person who was not eligible for the reimbursement or partial reimbursement, that person is liable to repay that amount to the Chief Executive (on behalf of the Crown) withing 3 months after receiving a written demand for repayment from the Chief Executive, or such other period as may be agreed between the parties.\n221—Offence to make false claim\nA person must not—\n\t(a)\tmake a claim for reimbursement under this Division that is false or misleading; or\n\t(b)\tfraudulently do, or omit to do, any act for the purpose of obtaining reimbursement under this Division.\nDivision 2—Compensation\n222—Compensation for loss or damage as consequence of a biosecurity order or direction\n\t(1)\tA person who has suffered loss or damage as a direct result of an order or direction under Part 11 may apply to the Minister for compensation under this section.\n\t(2)\tAn application for compensation under this section must—\n\t(a)\tbe made in the manner and form determined by the Minister; and\n\t(b)\tinclude, or be accompanied by, any information or evidence that the Minister reasonably requires in connection with the application.\n\t(3)\tThe Minister may, by written notice, require a person seeking compensation to provide the Minister with further information, documents or records relevant to the application.\n\t(4)\tThe Minister is not required to pay compensation on an application under this section and no action lies against the Minister to compel the Minister to make a payment of compensation.\n","sortOrder":22},{"sectionNumber":"Part 13","sectionType":"part","heading":"Review","content":"Part 13—Review\n223—Interpretation\nauthorisation means a relevant authorisation under Part 6;\nrelevant person means—\n\t(a)\tin relation to a biosecurity registration—a person who has applied for, or who is the holder of, the biosecurity registration;\n\t(b)\tin relation to an authorisation—a person who has applied for, or who is the holder of, the authorisation;\n\t(c)\tin relation to an individual permit—a person who has applied for, or who is the holder of, the permit;\n\t(d)\tin relation to an individual biosecurity direction—the person to whom the direction was issued;\n\t(e)\tin relation to a claim for reimbursement under Part 12 Division 1—the person who made the claim;\nreviewable decision means any of the following:\n\t(a)\ta decision to refuse to grant a biosecurity registration;\n\t(b)\ta decision to refuse to renew a biosecurity registration;\n\t(c)\ta decision to suspend or cancel a biosecurity registration;\n\t(d)\ta decision to refuse to revoke a suspension of a biosecurity registration following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given;\n\t(e)\ta decision to impose a condition on a biosecurity registration, or on the suspension, cancellation or surrender of a biosecurity registration;\n\t(f)\ta decision to vary a biosecurity registration or a condition on a biosecurity registration;\n\t(g)\ta decision to refuse to grant an authorisation;\n\t(h)\ta decision to refuse to renew an authorisation;\n\t(i)\ta decision to suspend or cancel an authorisation;\n\t(j)\ta decision to refuse to revoke a suspension of an authorisation following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given;\n\t(k)\ta decision to impose a condition on an authorisation, or on the suspension, cancellation or surrender of an authorisation;\n\t(l)\ta decision to vary an authorisation or a condition on an authorisation;\n\t(m)\ta decision to refuse to grant an individual permit;\n\t(n)\ta decision to refuse to renew an individual permit;\n\t(o)\ta decision to suspend or cancel an individual permit;\n\t(p)\ta decision to refuse to revoke a suspension of an individual permit following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given;\n\t(q)\ta decision to impose a condition on an individual permit, or on the suspension, cancellation or surrender of an individual permit;\n\t(r)\ta decision to vary an individual permit or a condition on an individual permit;\n\t(s)\ta decision to issue or vary an individual biosecurity direction;\n\t(t)\tin relation to a claim for reimbursement under Part 12 Division 1—\n\t(i)\ta decision not to pay reimbursement to the person who made the claim;\n\t(ii)\ta decision to recover any amount of reimbursement paid to the person under that Part;\n\t(iii)\ta decision as to the amount of reimbursement that is payable.\nDivision 2—Internal review\n224—Application for internal review\n\t(1)\tThe relevant person may apply to the Minister for an internal review of a reviewable decision.\n\t(2)\tThe application must—\n\t(a)\tbe in the approved form; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(3)\tAn application must be made within 28 days after the relevant person received notice of the decision or within such longer period as the Minister may, in the Minister's absolute discretion, allow.\n225—Consideration of application for internal review\n\t(1)\tIn dealing with an application for review, the Minister—\n\t(a)\tmust give the applicant a reasonable opportunity to make a submission in relation to the application (in such manner as the Minister considers to be appropriate in the circumstances); and\n\t(b)\tmay consider new material, whether or not it existed at the time that the reviewable decision was made; and\n\t(c)\tmay exercise any power that was able to be exercised in relation to the matter that gave rise to the reviewable decision (and any relevant provisions of this Act apply accordingly); and\n\t(d)\tsubject to the regulations, may adopt such other procedures and processes as the Minister thinks fit.\n\t(2)\tThe Minister may—\n\t(a)\tconfirm or vary the reviewable decision; or\n\t(b)\tset aside the reviewable decision and substitute another decision for it.\n\t(3)\tThe Minister must take reasonable steps to make a decision under subsection (2) within the period prescribed by the regulations.\n\t(4)\tAs soon as practicable after making a decision under subsection (2), the Minister must give written notice to the applicant of the Minister's decision.\n\t(5)\tIn the case of a decision that is adverse to the applicant, the notice must—\n\t(a)\tset out the reasons for the decision; and\n\t(b)\tstate that the applicant may apply to the Tribunal within 28 days after the date of the notice to have the decision reviewed; and\n\t(c)\texplain how an application for review is made.\n226—Operation and implementation of decision or direction subject to review\n\t(1)\tSubject to subsection (2), an application under this Division does not affect the operation of the decision or direction to which the application relates or prevent the taking of action to implement or enforce the decision or direction.\n\t(2)\tThe Minister may, on the Minister's own initiative or on application by the relevant person, suspend the operation of a decision or direction until the determination of a review under this Division.\n\t(3)\tA suspension under subsection (2) may be made subject to specified conditions, and may be varied or revoked by the Minister at any time.\nDivision 3—External review\n227—Application to Tribunal\n\t(1)\tSubject to subsection (3), a person who made an application for the review of a reviewable decision by the Minister under Division 2 and who is not satisfied with the decision of the Minister on that review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision in relation to the reviewable decision.\n\t(2)\tAn application for review must be made within 28 days after notification of the decision to the person (or within such longer period as the Tribunal may allow).\n\t(3)\tThere is no right of review under this Division in relation to—\n\t(a)\ta decision to—\n\t(i)\trefuse to renew a biosecurity registration, authorisation or permit; or\n\t(ii)\tsuspend or cancel a biosecurity registration, authorisation or permit,\nin the interests of public safety or in an emergency; or\n\t(b)\ta decision that relates to—\n\t(i)\tan emergency permit; or\n\t(ii)\ta prohibited matter permit; or\n\t(iii)\ta prohibited dealing permit; or\n\t(c)\ta decision that relates to an emergency biosecurity direction.\n","sortOrder":23},{"sectionNumber":"Part 14","sectionType":"part","heading":"Functions and powers of authorised officers","content":"Part 14—Functions and powers of authorised officers\n228—Purposes for which functions and powers under Part may be exercised\n\t(1)\tAn authorised officer may perform the functions and exercise the powers conferred by this Part for any of the following purposes:\n\t(a)\tfor the purpose of investigating, monitoring or enforcing compliance with a requirement imposed by or under this Act;\n\t(b)\tfor the purpose of obtaining information or records for purposes connected with the administration, operation or enforcement of this Act;\n\t(c)\tif the authorised officer is an authorised auditor, for the purpose of performing functions or exercising powers in connection with a biosecurity audit;\n\t(d)\tfor the purpose of assisting a biosecurity auditor to perform or exercise the biosecurity auditor's functions or powers in connection with a biosecurity audit;\n\t(e)\tfor the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk or suspected biosecurity risk;\n\t(f)\tfor the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity impact;\n\t(g)\tfor the purpose of enforcing, administering or implementing this Act (including an instrument made under this Act).\n\t(2)\tTo avoid doubt, an authorised officer who is also a biosecurity auditor may perform the functions or exercise the powers of an authorised officer while also performing the functions or exercising the powers of a biosecurity auditor.\n\t(3)\tIn this Part, a reference to an authorised purpose is a reference to any purpose referred to in subsection (1).\nDivision 2—Information gathering\n229—Exercise in conjunction with other powers\nA power conferred by this Division may be exercised whether or not a power of entry is being exercised under another part of this Act.\n230—Power to require information and records\n\t(1)\tAn authorised officer may, by written notice, require a person to furnish to the authorised officer such information or records as the authorised officer may require for an authorised purpose.\n\t(2)\tA notice under this Division must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.\n\t(3)\tA notice under this Division may only require a person to furnish existing records that are in the person's possession or that are within the person's power to obtain lawfully.\n\t(4)\tThe authorised officer to whom any information or record is furnished under this Division may—\n\t(a)\ttake copies of the information or record; and\n\t(b)\tretain the information or record for such time as is reasonably necessary.\n\t(5)\tIf any information or record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the information or record to be furnished in written form, unless the notice otherwise provides.\n231—Power to require answers to questions\n\t(1)\tAn authorised officer may require a person to answer questions in relation to a matter if the authorised officer reasonably believes that the questions may assist in the performance of an authorised purpose.\n\t(2)\tAn authorised officer may require, by written notice, that a person attend at the time and place specified in the notice in order to answer questions under this Division.\n\t(3)\tIf a time and place specified in a notice under subsection (2) is not reasonable in the circumstances, the authorised officer is to nominate a time and place after taking into account any request of the person who is the subject of the notice.\n232—Recording of evidence\n\t(1)\tAn authorised officer may cause any questions and answers to questions given under this Division to be recorded if the authorised officer has informed the person who is to be questioned that the record is to be made.\n\t(2)\tA recording may be made by using any method determined by the authorised officer.\n\t(3)\tA copy of a recording must be provided by the authorised officer to the person who is questioned at the request of the person.\n\t(4)\tA recording may be made under this section despite the provisions of any other law.\n233—Power of authorised officer to demand name and address\n\t(1)\tAn authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have committed, or to be committing, an offence under this Act or the regulations to state the person's full name and residential address.\n\t(2)\tAn authorised officer may require a person who is required under this section to state the person's name and address to provide proof of the name and address.\n234—Requiring information in case of an emergency\n\t(1)\tA person is not excused from a requirement made by an authorised officer to furnish information or records or to answer a question on the ground that the information, record or answer might incriminate the person or make the person liable to a penalty if—\n\t(a)\tthe authorised officer makes the requirement in the case of an emergency; and\n\t(b)\tthe authorised officer warns the person that the authorised officer is making the requirement in the case of an emergency.\n\t(2)\tHowever, any information or record, or answer given by a natural person in compliance with a requirement under this Part is not admissible in evidence against the person in any criminal proceedings, other than proceedings designated under subsection (3), if—\n\t(a)\tthe person objected at the time to doing so on the ground that it might incriminate the person; or\n\t(b)\tthe person was not warned on that occasion that the person may object to furnishing the information or record, or giving the answer, on the ground that it might incriminate the person.\n\t(3)\tThe following proceedings are designated under this subsection:\n\t(a)\tproceedings for an offence under section 33; or\n\t(b)\tproceedings for an offence under this Act that involves furnishing false or misleading information or failing to furnish material information.\nDivision 3—Power to enter\n235—Power to enter\n\t(1)\tAn authorised officer may enter any premises or vehicle—\n\t(a)\tat any reasonable time; or\n\t(b)\tin the case of an emergency, at any time.\n\t(2)\tSubject to section 236, entry to any premises or vehicle may be effected with or without the authority of a warrant.\n236—Entry to residential premises\n\t(1)\tAn authorised officer may only enter a dwelling under this Part if the authorised officer—\n\t(a)\tis entering the dwelling with the consent of an occupier of the relevant premises; or\n\t(b)\tis acting under the authority of a warrant; or\n\t(c)\tis acting in the case of an emergency.\n\t(2)\tAn authorised officer may only enter any other part of residential premises under this Part if the authorised officer—\n\t(a)\tis entering the premises with the consent of an occupier of the premises; or\n\t(b)\tis acting under the authority of a warrant; or\n\t(c)\tis acting in the case of an emergency; or\n\t(d)\tin relation to the premises that are within a biosecurity zone, or under a control order or an emergency order that provides for a power to enter premises—has given at least 24 hours notice of an intention to enter the premises to an occupier of the premises; or\n\t(e)\tis entering the premises in circumstances prescribed by the regulations.\n\t(3)\tIn this section—\ndwelling means the building, or a part of a building, in which a person resides.\nDivision 4—Investigation powers\n237—Powers that can be exercised on premises or in relation to a vehicle\n\t(1)\tAn authorised officer may do anything that in the opinion of the authorised officer is reasonably necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection (2).\n\t(2)\tAn authorised officer may do any or all of the following:\n\t(a)\tenter, inspect and search and, if necessary, use reasonable force to break into or open—\n\t(i)\tany premises or vehicle; or\n\t(ii)\tpart of, or anything in or on, any premises or vehicle;\n\t(b)\trequire a vehicle to stop, or to be presented at a place and time specified by the authorised officer, and board any vessel or craft;\n\t(c)\tgive directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing;\n\t(d)\tas part of an inspection, require a person to produce a document, record or other information, including a document, record or other information that is stored by in an electronic or other form;\n\t(e)\texamine, copy or take extracts from a document, record or other information so produced or require a person to provide a copy of any such document, record or other information;\n\t(f)\tbring any vehicle onto any premises;\n\t(g)\tbring any equipment or other thing onto any premises or onto or into any vehicle, and use that equipment;\n\t(h)\texamine and inspect any thing;\n\t(i)\ttake and remove samples of any thing (including any thing under land);\n\t(j)\tmake any examinations, inquiries or tests;\n\t(k)\tcarry out measures in relation to any biosecurity matter, carrier, potential carrier, premises, vehicle or other thing, including to cleanse, disinfect or otherwise treat any such thing or to subject any such thing to any treatment measure;\n\t(l)\tisolate, confine or detain any biosecurity matter, carrier or other thing;\n\t(m)\tconstruct, reinforce or repair any building, fencing, gates, structures, barriers or other methods of enclosure, or carry out any other security or containment measures in relation to any premises, biosecurity matter, carrier or other thing;\n\t(n)\terect signs;\n\t(o)\tmove any biosecurity matter, carrier or other thing;\n\t(p)\tapply, install, inspect, use or retrieve any device, bait, lure, trap or other equipment for the purpose of detecting, identifying, monitoring, controlling, capturing, suppressing, destroying or eradicating any biosecurity matter, carrier or other thing;\n\t(q)\tcarry out any activity, work or operation as may be necessary for the detection, identification, monitoring, controlling, capture, suppression, disposal, destruction or eradication of any biosecurity matter, carrier or other thing;\n\t(r)\tverify that the packaging or labelling of any animal or plant, or animal product or plant product, complies with this Act or a corresponding law;\n\t(s)\tevaluate any facilities or equipment used in or in connection with, or processes or procedures carried out at or on, any premises or vehicle, including at any artificial breeding centre or veterinary diagnostic laboratory;\n\t(t)\ttake any photographs, films or audio, video or other recordings;\n\t(u)\tseize any biosecurity matter, carrier or other thing if the authorised officer has reasonable grounds for believing that seizure of the biosecurity matter, carrier or other thing is necessary to prevent, eliminate, minimise, control or manage a biosecurity risk posed by or in relation to the biosecurity matter, carrier or thing;\n\t(v)\tseize any thing that the authorised officer has reasonable grounds for believing—\n\t(i)\tis connected with an offence under this Act or the regulations; or\n\t(ii)\twithout limiting subparagraph (i), is being held or maintained contrary to any requirement of this Act, or is prohibited from being in the State or a relevant part of the State under this Act;\n\t(w)\tmove any seized thing from the place where it is seized or leave it at the place where it is seized and take reasonable action to restrict access to the thing;\n\t(x)\tdirect an occupier of premises where a thing is seized to retain it at those premises or at another place under the control of the occupier;\n\t(y)\trequire a person to deliver any biosecurity matter or carrier to a quarantine station, or to any other place specified by the authorised officer;\n\t(z)\tidentify, by marking, branding, tagging, implanting microchips or otherwise, any premises, vehicle, biosecurity matter, carrier or other thing;\n\t(za)\tuse reasonable force to prevent the commission of an offence under this Act;\n\t(zb)\tdo anything else authorised by or under this Act;\n\t(zc)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act.\n\t(3)\tAn authorised officer may only use force under subsection (2)(a) to break into premises or a vehicle on the authority of a warrant or in circumstance where the authorised officer is acting in the case of an emergency.\n\t(4)\tSubject to subsection (5), if an authorised officer seizes any biosecurity matter, carrier or other thing under subsection (2)(u), the authorised officer may do 1 or more of the following in relation to the biosecurity matter, carrier or other thing:\n\t(a)\tretain it;\n\t(b)\tcleanse, disinfect or otherwise treat it or subject it to any treatment measure;\n\t(c)\tsubmit it for testing and analysis;\n\t(d)\treturn it to its owner subject to any specified conditions.\n\t(5)\tIf an authorised officer seizes anything under subsection (2)(v) or acts in the circumstances described in subsection (2)(u) and has (at the time of so acting or subsequently) reasonable grounds for believing that the thing is or was also liable to seizure under subsection (2)(v)—\n\t(a)\tthe authorised officer may retain it and do 1 or both of the following in relation to the biosecurity matter, carrier or other thing:\n\t(i)\tcleanse, disinfect or otherwise treat it or subject it to any treatment measures;\n\t(ii)\tsubmit it for testing and analysis; and\n\t(b)\tsection 239 applies in relation to the seizure.\n\t(6)\tDespite a preceding subsection, if any biosecurity matter, carrier or other thing has been seized by an authorised officer, the biosecurity matter, carrier or other thing may be destroyed or disposed of in such manner as the Chief Executive approves if the Chief Executive believes on reasonable grounds that such action should be taken.\n\t(7)\tThe power to seize any thing in connection with an offence includes the power to seize—\n\t(a)\ta thing with respect to which the offence has been committed;\n\t(b)\ta thing that will afford evidence of the commission of the offence;\n\t(c)\ta thing that was used for the purpose of committing the offence.\n\t(8)\tIn this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.\n\t(9)\tA power to do something under this section in relation to a thing may be exercised without the consent of the owner of the thing.\n\t(10)\tThe power to do a thing under this section includes the power to arrange for that thing to be done.\n\t(11)\tAn authorised officer who is not a veterinary surgeon must not carry out any veterinary treatment within the meaning of the Veterinary Practice Act 2003 unless authorised to do so by the Chief Veterinary Officer to carry out veterinary treatment of that kind.\n238—Recovery of fee for action taken\n\t(1)\tThe Chief Executive may determine that a person (the liable person) should pay a fee for any action taken by an authorised officer under a power conferred by this Division if, in the opinion of the Chief Executive, it is reasonable to do so having regard to—\n\t(a)\tany biosecurity duty of the liable person under this Act; and\n\t(b)\tany contravention or likely contravention by the liable person of a requirement imposed by or under this Act.\n\t(2)\tThe fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.\n\t(3)\tCosts and expenses incurred include costs and expenses incurred by or on behalf of Crown or, if the authorised officer is not a public sector employee, by or on behalf of the authorised officer's employer.\n\t(4)\tThe fee is—\n\t(a)\ta debt due to—\n\t(i)\tin the case of action taken by an authorised officer who is a public sector employee—the Crown; or\n\t(ii)\tin any other case—the employer of the authorised officer who took the action; and\n\t(b)\trecoverable from the liable person.\nDivision 5—Provisions relating to seizure\n239—Provisions relating to seizure\n\t(1)\tIf a thing is subject to the operation of section 237(5), the following provisions apply:\n\t(a)\tthe thing must be held pending a decision on whether to institute proceedings for an offence related to the thing seized, unless the Chief Executive, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Chief Executive thinks fit (including as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of an offence, the court may—\n\t(i)\torder that it be forfeited to the Crown; or\n\t(ii)\twhere it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence relating to the thing within the prescribed period after its seizure; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of an offence but no order for forfeiture is made under paragraph (b),\nthen the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this or any other Act;\n\t(d)\tif—\n\t(i)\tpossession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or\n\t(ii)\ta thing is not liable for forfeiture under a preceding paragraph and the Chief Executive has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was seized,\nthe Chief Executive may deal with or dispose of the thing in such manner as the Chief Executive thinks fit.\n\t(2)\tSubsection (1) does not limit the operation of section 237(6).\n\t(3)\tIn subsection (1)—\nprescribed period means 12 months or such longer period as may be prescribed by the regulations.\nDivision 6—Warrants\n240—Warrants\n\t(1)\tA warrant required for the purposes of this Part in relation to premises or a vehicle is a warrant issued by a magistrate.\n\t(2)\tA magistrate must not issue a warrant that will allow entry into premises or a vehicle under this Part unless satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on the premises or vehicle; or\n\t(b)\tthat something may be found in or on the premises or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthat the circumstances require such action to be taken.\n\t(3)\tA warrant may authorise the use of reasonable force to break into the premises or vehicle.\nDivision 7—Related matters\n241—Care to be taken\nIn the exercise of a power of entering or searching premises under this Part, or doing anything else on premises under this Act, an authorised officer must do as little damage as is reasonably possible.\n242—Detention or treatment of persons\n\t(1)\tAn authorised officer cannot do any of the following except as expressly authorised by an emergency order, control order, biosecurity direction or any regulation:\n\t(a)\tprohibit, regulate or control the movement of a person;\n\t(b)\texamine or inspect a person;\n\t(c)\trequire a person to undergo treatment measures or require treatment measures to be carried out in relation to a person.\n\t(2)\tAn authorised officer may not require a person to—\n\t(a)\tto submit to any testing; or\n\t(b)\tto provide samples of the person's blood, hair, saliva or any other body part or body fluid.\n\t(3)\tSubsection (1)(a) does not prevent an authorised officer from doing any thing in relation to any biosecurity matter, premises, vehicle, area, activity or thing that has an impact on the movement of a person but that is not done for the purpose of restricting the movement of a person.\n243—Destruction requirements\n\t(1)\tAn authorised officer may destroy a thing under this Part only if—\n\t(b)\tthe thing is a carrier of, or reasonably suspected of being the carrier of, prohibited matter; or\n\t(c)\tthe thing is, or is reasonably suspected of being, a pest; or\n\t(d)\tthe thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, the biosecurity matter that poses a biosecurity risk and there are no other reasonably practicable and available—\n\t(i)\ttreatment measures that could eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter; or\n\t(ii)\tmeans of determining or confirming whether the thing is infected or infested with, or harbouring, the biosecurity matter; or\n\t(e)\tthe destruction is expressly authorised or required by—\n\t(iii)\ta biosecurity direction; or\n\t(iv)\ta Government biosecurity program; or\n\t(v)\ta biosecurity control agreement; or\n\t(vi)\tany regulation.\n\t(2)\tThis section does not prevent an authorised officer destroying a thing that has been forfeited to the Crown.\n\t(3)\tAn authorised officer may destroy a thing in the exercise of powers under this Act despite the fact that the action may constitute a trespass or cause loss or damage to property.\n\t(4)\tIn this section—\nreasonably practicable means reasonably practicable in the opinion of the authorised officer;\nreasonably suspected means reasonably suspected in the opinion of the authorised officer.\n244—Destruction proposal\n\t(1)\tAn authorised officer must not destroy any thing in the exercise of a power under this Part unless—\n\t(a)\tbefore taking the action, the authorised officer gives written notice of the proposed destruction to the owner or person in charge of the thing; or\n\t(b)\tthe authorised officer is satisfied, on reasonable grounds, that the owner or person in charge of the thing has already been given written notice of the proposed destruction.\n\t(2)\tNotice must be given at least 24 hours before the power is exercised.\n\t(3)\tA requirement to give notice under this section does not apply to the destruction of a thing if—\n\t(a)\tthe destruction is expressly authorised by—\n\t(iii)\ta biosecurity direction; or\n\t(iv)\ta Government biosecurity program; or\n\t(v)\ta biosecurity control agreement; or\n\t(vi)\tany regulation; or\n\t(b)\t—\n\t(i)\tthere appears to be no one immediately in control of it; and\n\t(ii)\tthe owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located; and\n\t(iii)\tthe authorised officer is satisfied that, in the circumstances, the power must be exercised without prior notice to the owner or person in charge.\n\t(4)\tThis section does not apply to the destruction of a thing that has been forfeited to the Crown.\n245—Interaction with other Acts\n\t(1)\tAn authorised officer, other than a Chief Officer or an authorised officer acting with the approval of the Chief Executive or a Chief Officer, must not in the exercise of a power under this Part—\n\t(a)\tdestroy a fish that is an aquatic resource of a protected species under the Fisheries Management Act 2007; or\n\t(b)\tdestroy a living thing that is an animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972; or\n\t(c)\tclear any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991; or\n\t(d)\tdamage, destroy or disturb any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993; or\n\t(e)\tdamage, destroy or disturb any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal Heritage Act 1988.\n\t(2)\tThe Minister must, in connection with the operation of this section, enter into an arrangement with the Minister responsible for the administration of any Act referred to in subsection (1) specifying the circumstances in which that Minister is to be consulted before action is taken under that subsection.\n\t(3)\tThe Chief Executive, a Chief Officer or an authorised officer must, when acting under subsection (1), take into account the requirements of an arrangement under subsection (2).\n\t(4)\tAn arrangement under subsection (2) does not limit the power of a Chief Officer or an authorised officer to do anything in the case of an emergency.\n\t(5)\tFurthermore, this section (including an arrangement under subsection (2) does not limit the power of a Chief Officer or an authorised officer to do a thing where that action is expressly authorised by—\n\t(c)\ta biosecurity direction; or\n\t(d)\tany regulation.\n\t(6)\tThis section applies despite the provisions of any Act referred to in subsection (1).\n246—Interference with device, trap or equipment\nA person must not, without reasonable excuse, move, damage or otherwise interfere with any device, bait, trap or other equipment, or any sign, placed on premises by, or under the direction of, an authorised officer for an authorised purpose.\n\t(a)\tfor a body corporate—$20 000;\n\t(b)\tfor a natural person—$4 000.\n","sortOrder":24},{"sectionNumber":"Part 15","sectionType":"part","heading":"Specific biosecurity offences","content":"Part 15—Specific biosecurity offences\n247—Interpretation\nprescribed agent means a disease, disease agent, contaminant, toxin or other harmful agent, organism, substance or material;\nrelease includes to inject, feed to, expose to or apply.\n248—Act to cause substantial or material harm or risk\n\t(1)\tA person commits an offence if—\n\t(a)\tthe person releases a prescribed agent; and\n\t(b)\tthe person, in releasing the prescribed agent, intends—\n\t(i)\tto kill, harm, damage, infect or infest 1 or more animals or plants; and\n\t(ii)\tin so doing, to cause substantial harm, or a risk of substantial harm, to—\nMaximum penalty: $1 000 000 or imprisonment for 10 years or both.\n\t(2)\tA person commits an offence if—\n\t(a)\tthe person releases a prescribed agent; and\n\t(b)\tthe person, in releasing the prescribed agent, intends—\n\t(i)\tto kill, harm, damage, infect or infest 1 or more animals or plants; and\n\t(ii)\tin so doing, to cause material harm, or a risk of material harm, to—\nMaximum penalty: $500 000 or imprisonment for 5 years or both.\n\t(3)\tA person commits an offence against subsection (1) or (2)—\n\t(a)\twhether or not any harm is caused to—\n\t(iii)\tthe economy or part of the economy of the State; and\n\t(4)\tA person commits an offence if the person releases a prescribed agent with intent to cause harm, or a risk of harm, to an animal or plant.\nMaximum penalty: $250 000.\n\t(5)\tA person commits an offence against subsection (4)—\n\t(a)\twhether or not any harm is caused to an animal or plant; and\n\t(6)\tIt is a defence in proceedings for an offence under subsection (4) if the defendant establishes that the release of the prescribed agent:\n\t(a)\tconstituted a recognised and reasonable use of the prescribed agent; or\n\t(b)\twas undertaken in good faith to protect:\n\t(iii)\tthe economy or part of the economy of the State; or\n\t(c)\twas authorised by the regulations.\n249—Act that may cause harm or risk\n\t(1)\tA person commits an offence if—\n\t(a)\tthe person releases a prescribed agent that may kill, harm, damage, infect or infest 1 or more animals or plants; and\n\t(b)\tin so doing, causes substantial or material harm, or a risk of substantial or material harm, to—\n\t(iii)\tthe economy or part of the economy of the State.\nMaximum penalty: $250 000.\n\t(2)\tA person commits an offence if—\n\t(a)\tthe person releases a prescribed agent intentionally or recklessly; and\n\t(b)\tthe person ought reasonably to know that the release of the prescribed agent will—\n\t(i)\tkill, harm, damage, infect or infest 1 or more animals or plants; and\n\t(ii)\tin so doing, cause substantial or material harm, or a risk of substantial or material harm, to—\nMaximum penalty: $125 000.\n\t(3)\tA person commits an offence against subsection (1) or (2)—\n\t(a)\twhether or not any harm is caused—\n\t(i)\tto an animal or plant; or\n\t(ii)\tto—\n\t(C)\tthe economy or part of the economy of the State; and\n\t(4)\tA person commits an offence if the person releases a prescribed agent that may kill, harm, damage, infect or infest 1 or more animals or plants.\n\t(5)\tA person commits an offence against subsection (4) whether or not any harm is caused to an animal or plant.\n\t(6)\tIt is a defence in proceedings for an offence under subsection (4) if the defendant establishes that the release of the prescribed agent:\n\t(a)\tconstituted a recognised and reasonable use of the prescribed agent; or\n\t(b)\twas undertaken in good faith to protect:\n\t(iii)\tthe economy or part of the economy of the State; or\n\t(c)\twas authorised by the regulations.\n250—Substantial harm and material harm\n\t(1)\tFor the purposes of this Part, in determining whether harm is (or would be) substantial, the following matters are relevant (but not exclusive):\n\t(a)\tthe nature, scale and effects of the harm that may arise;\n\t(b)\tthe immediacy and seriousness of any threat caused by a relevant act;\n\t(c)\tthe number of animals or plants (as the case may be) affected, or at risk of being affected;\n\t(d)\tthe availability and effectiveness of any treatment or measures that may be available to be used to eliminate or reduce the harm.\n\t(2)\tFor the purposes of this Part, in determining whether any harm is (or would be) material, it is relevant to consider any impact or potential impact, and the risk of any impact, other than an impact that is or would be trivial or negligible.\n251—Alternative finding\nIf in proceedings for an offence against this Part the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part that carries an equal or lower maximum penalty (determined according to the relative maximum monetary penalties), the court may find the defendant guilty of the latter offence.\n","sortOrder":25},{"sectionNumber":"Part 16","sectionType":"part","heading":"Legal proceedings","content":"Part 16—Legal proceedings\nDivision 1—Offences generally\n252—Classification of offence\nAll offences under this Act, other than an offence against section 248, are classified as summary offences.\n253—Proceedings for offences\n\t(1)\tProceedings for an offence under this Act may be commenced by (and only by)—\n\t(b)\tthe Director of Public Prosecutions; or\n\t(c)\tthe Chief Executive; or\n\t(d)\ta Chief Officer; or\n\t(e)\tan authorised officer; or\n\t(f)\tin the case of an offence against Schedule 2, the Dog Fence Board;\n\t(g)\ta prescribed person or a person of a prescribed class; or\n\t(h)\ta person acting with the written authorisation of the Minister\n\t(2)\tA prosecution for an offence under this Act may be commenced at any time within 5 years after the date of the alleged commission of the offence or, with the authorisation of the Minister after consultation with the Attorney-General, at any later time within 7 years after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Minister and to authorise a person to act under subsection (1)(h) or the commencement of a prosecution under subsection (2) will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n254—Offences by employers (vicarious liability)\n\t(1)\tIf an employee or agent commits an offence under this Act, the employer or principal is taken to have committed the same offence.\n\t(2)\tIt is a defence in proceedings for an offence to which subsection (1) applies if the defendant establishes—\n\t(a)\tthat the employer or principal (as the case may be) could not by the exercise of due diligence have prevented the commission of the offence; or\n\t(b)\tthat the offence did not occur in the course of the employment or agency.\n\t(3)\tAn employer or principal may be prosecuted and convicted of an offence to which subsection (1) applies whether or not the employee or agent has been prosecuted or convicted of the principal offence.\n255—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director and the chief executive officer of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director or the chief executive officer (as the case may be) proves that they could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence under this Act (other than an offence under the regulations), each director and the chief executive officer of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe director or chief executive officer (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director or chief executive officer (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director or chief executive officer (as the case may be) failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against a section prescribed by the regulations for the purposes of this subsection.\n\t(4)\tA person referred to in this section may be prosecuted and convicted of an offence against this section whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.\n\t(5)\tThe regulations may make provision in relation to the criminal liability of a director or the chief executive officer of a body corporate that is guilty of an offence under the regulations.\n256—Offences by employees and agents\n\t(1)\tIt is not a defence in proceedings for an offence under this Act that the defendant was, at the time of the commission of an offence, an employee or agent of another person and was acting for, or on behalf of, the other person.\n\t(2)\tDespite subsection (1), it is a defence in proceedings for an offence under this Act if the defendant establishes—\n\t(a)\tthat at the time of the commission of the offence, the defendant was acting under the direction or supervision of—\n\t(i)\tthe owner of, or the person carrying on the day-to-day operation of, an entity; or\n\t(ii)\tthe owner or person in charge of premises, a place, a vehicle, or a thing in relation to which the offence was committed; or\n\t(iii)\tanother person representing that owner or person referred to in a preceding subparagraph; and\n\t(b)\tthat the defendant's actions were as a direct result of that direction or supervision; and\n\t(c)\tthat the defendant could not have reasonably known that the defendant's actions would constitute an offence under this Act.\n257—Continuing offences\nIf a person commits an offence which is a continuing offence under this Act—\n\t(a)\tthe person is liable to a penalty for each day during which the offence continues of not more than one-tenth of the maximum penalty prescribed for the offence to which the continuing offence relates (the principal offence); and\n\t(b)\tif the act or omission giving rise to the offence continues after a conviction for the principal offence, subject to any determination of a court, the person is guilty of a further offence against the principal offence and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the offence continues of not more than one-tenth of the maximum penalty prescribed for the principal offence.\n258—General defence of due diligence\nIt is a defence in proceedings for an offence under this Act if the defendant establishes that the defendant had taken all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the defendant or by another person under the direction, or the supervision, of the defendant.\n259—Defence of lawful excuse\nIt is a defence in proceedings for an offence under this Act if the defendant establishes that the conduct of the defendant was authorised by or under this Act.\n260—Actions done under direction of an authorised person\nA person is not guilty of an offence under this Act for an act done, or omitted, by the person in good faith at the request of, or under the direction of—\n\t(b)\ta Chief Officer; or\n\t(c)\tan authorised officer.\n261—Common carriers\n\t(1)\tA person is not guilty of an offence under this Act because of a dealing with any biosecurity matter, carrier or potential carrier in the ordinary course of business as a common carrier.\n\t(2)\tThe regulations may—\n\t(a)\tdeclare that a person or a class of persons is a common carrier for the purposes of this section; and\n\t(b)\tdeclare that a person or a class of persons is not a common carrier for the purposes of this section.\n\t(3)\tThis section does not apply in relation to—\n\t(a)\tan offence against section 33, section 123, section 183(6), section 196(5) or section 211(5); or\n\t(b)\tan offence of contravening an individual biosecurity direction; or\n\t(c)\tan offence against Part 15; or\n\t(d)\tan offence excluded from the operation of this section by the regulations.\n262—Burden of proof in certain circumstances\nIn proceedings for an offence under this Act, the burden is on the defendant to prove—\n\t(a)\tthat the defendant was exempt from a requirement imposed by or under this Act; or\n\t(b)\tthat the defendant was authorised by or under this Act to engage in any conduct so engaged in by the defendant (including on account of being a permit holder under Part 8).\n263—Expiation of offences\n\t(1)\tDespite section 6 of the Expiation of Offences Act 1996, an expiation notice for an offence which is expiable under this Act may be given after the expiration of the period of 6 months from the date on which the offence was alleged to have been committed.\n\t(2)\tHowever, an expiation notice for an expiable offence of a prescribed class cannot be given after the expiry of the period of 2 years from the date on which the offence was alleged to have been committed.\nDivision 2—Evidentiary provisions\n264—Evidentiary certificates\ndesignated official means—\n\t(c)\ta Chief Officer;\ngiven includes served;\ninstrument includes, but is not limited to, an emergency order, a control order, a biosecurity direction or a biosecurity certificate.\n\t(2)\tA certificate issued by a designated official and that states any of the following matters is admissible as evidence in any legal proceedings as evidence of the matters so certified:\n\t(a)\tthat an instrument was issued, made, granted or given under this Act, or signed, on a specified day, by a specified person;\n\t(b)\tthe terms of any instrument issued, made, granted or given, or purported to be issued, made, granted or given, under this Act, as in force on a specified day or during a specified period;\n\t(c)\tthat an instrument issued, made, granted or given under this Act was amended, varied or revoked, the day on which it was amended, varied or revoked, and the terms of any amendment or variation;\n\t(d)\tthat a person was, on a specified day or during a specified period—\n\t(i)\ta Chief Officer; or\n\t(ii)\ta Deputy Chief Officer; or\n\t(iii)\tan authorised officer; or\n\t(iv)\tan authorised analyst;\n\t(e)\tthe terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:\n\t(i)\ta person's appointment as an authorised officer or authorised analyst;\n\t(ii)\tan approval that authorises an authorised officer to perform the functions of a biosecurity auditor or biosecurity certifier;\n\t(f)\tthat a function or power was delegated under this Act, including the following:\n\t(i)\tthe person or persons to whom the function or power was delegated;\n\t(ii)\tthe date of the delegation;\n\t(iii)\tthe period during which the delegation had effect;\n\t(iv)\tthe terms of the delegation, including any conditions or limitations on the delegation;\n\t(g)\tthat a specified instrument was or was not, on a specified day, registered under Part 3 Division 6;\n\t(h)\tthat a person who issued, made, granted or gave, or purported to issue, make, grant or give, an instrument under this Act was the holder of a specified office on a specified day or during a specified period;\n\t(i)\tthe terms of any approved form, on a specified day or during a specified period;\n\t(j)\tthe terms of any application made under this Act;\n\t(k)\tthat a person was or was not, on a specified day or during a specified period—\n\t(i)\ta registered entity; or\n\t(ii)\tan accreditation authority; or\n\t(iii)\ta biosecurity auditor; or\n\t(iv)\ta biosecurity certifier;\n\t(l)\tthe terms of, and any conditions of or limitations on, the following, as in force on a specified day or during a specified period:\n\t(i)\ta person's biosecurity registration;\n\t(ii)\ta person's approval as an accreditation authority;\n\t(iii)\ta person's appointment as a biosecurity auditor;\n\t(iv)\ta person's accreditation as a biosecurity certifier;\n\t(m)\tthe suspension or cancellation of any of the following on a specified day:\n\t(i)\ta person's biosecurity registration;\n\t(ii)\ta person's approval as an accreditation authority;\n\t(iii)\ta person's appointment as a biosecurity auditor;\n\t(iv)\ta person's accreditation as a biosecurity certifier;\n\t(n)\tthat a person was or was not, on a specified day or during a specified period, the holder of a permit under this Act;\n\t(o)\tthe terms of, and any conditions of or limitations on, a permit, as in force on a specified day or during a specified period;\n\t(p)\tthe suspension or cancellation of any permit;\n\t(q)\tthat a specified authorised officer gave a specified person a written biosecurity direction on a specified day, and the terms of that biosecurity direction;\n\t(r)\tthat a report or document on a biosecurity audit was received by the Chief Executive on a particular day, and the particulars of any report or document so received;\n\t(s)\tthat a notice or other information was provided by a person to the Chief Executive, or any other person authorised by or under this Act to receive the notice or information, on a specified date, and particulars of the notice or information so provided;\n\t(t)\tthat a notice or other information had not been received by the Chief Executive, a Chief Officer, a Deputy Chief Officer, or an authorised officer, by a specified date;\n\t(u)\tthat a person was, on a specified date, directed to engage a biosecurity auditor to perform a biosecurity audit;\n\t(v)\tthat a particular code or other traceability system, as recognised under the regulations, had been issued or applied in respect of a particular person, property, animal or plant, and whether the code or other traceability system was active on a specified day;\n\t(w)\tthe amount of costs or expenses incurred in taking specified action;\n\t(x)\tthat an amount payable under this Act by a specified person has, or has not been, paid.\n\t(3)\tThe evidence under subsection (2) constitutes proof of a matter that has been certified in the absence of proof to the contrary.\n\t(4)\tFor the purposes of this section, a document purporting to be a certificate of a designated official issued under this section is to be taken to be such a certificate in the absence of proof to the contrary.\n265—Evidence of allegation\nAn allegation contained in an information for an offence under this Act that states any of the following matters constitutes proof of the matter so alleged in the absence of proof to the contrary:\n\t(a)\tthat a specified person is or was, at the specified time, the owner, occupier or person in charge of premises, a place, biosecurity matter, carrier or other thing;\n\t(b)\tthat a specified person was, at the specified time, the person apparently in charge of a vehicle;\n\t(c)\tthat specified biosecurity matter or a specified carrier was, at the specified time, in a specified area or was moved into or out of a specified area;\n\t(d)\tthat any specified thing was, at the specified time, infected or infested with or harbouring any specified biosecurity matter;\n\t(e)\tthat something was done without the approval of the Chief Executive, a Chief Officer or an authorised officer.\n266—Evidence of authorised analyst\n\t(1)\tA certificate of an authorised analyst certifying the result of an analysis, or examination, is admissible in any legal proceedings and as evidence of:\n\t(a)\tthe facts stated in the certificate; and\n\t(b)\tthe correctness of the result of the analysis or examination.\n\t(2)\tA certificate of an authorised analyst certifying that, on receipt of a container containing a sample submitted to the analyst under this Act, the container was sealed and the seal securing the container was unbroken is admissible in any legal proceedings and is evidence—\n\t(a)\tof the facts stated in the certificate; and\n\t(b)\tthat the sample—\n\t(i)\twas the same sample as the one submitted to the analyst under this Act; and\n\t(ii)\thad not been tampered with after sealing.\n\t(3)\tThe evidence under subsection (1) or (2) constitutes proof of a matter that has been certified in the absence of proof to the contrary.\n\t(4)\tFor the purposes of this section, a document purporting to be a certificate of an authorised analyst is to be taken to be such a certificate in the absence of proof to the contrary.\n267—Evidence of state of mind of body corporate\n\t(1)\tWithout limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a body corporate (while acting in their capacity as such)—\n\t(a)\twas responsible for a particular act or omission, is evidence that the body corporate was responsible for that act or omission; or\n\t(b)\thad at any particular time a particular state of mind, is evidence that the body corporate had that state of mind.\n\t(2)\tIn this section, the state of mind of a person includes, but is not limited to—\n\t(a)\tthe knowledge, intention, opinion, belief or purpose of the person; and\n\t(b)\tthe person's reasons for the intention, opinion, belief or purpose.\n268—Evidence of publication of instruments on website\n\t(1)\tIn any legal proceedings, a certificate issued by the Chief Executive stating that a notice, order, direction, declaration or other instrument was published on the Department website on a particular date—\n\t(a)\tis admissible in those legal proceedings; and\n\t(b)\tconstitutes proof of the matters stated in the certificate in the absence of proof to the contrary.\n\t(2)\tFor the purposes of this section, a document purporting to be a certificate of the Chief Executive issued under this section is to be taken to be such a certificate in the absence of proof to the contrary.\n269—Evidence of part to be evidence of whole\nIn any legal proceedings, evidence as to the nature of the whole or part of a sample of a thing—\n\t(a)\ttaken from a parcel of the thing; or\n\t(b)\ttaken from a quantity of the thing that was, at the time when the sample was so taken, represented as being, or as being part of, a bulk lot of the thing,\nin the performance or exercise of a function or power under this Act, is evidence as to the nature of the whole of the contents of the parcel or bulk lot (as the case may be).\n270—Evidence in relation to bees\nIn any legal proceedings, proof that a hive was found on premises constitutes proof, in the absence of proof to the contrary, that the bees were kept by the occupier of those premises.\nDivision 3—Court orders\n271—Preliminary\n\t(1)\tA court may make 1 or more orders under this Division if the court finds an offence against this Act or the regulations proved.\n\t(2)\tAn order may be made under this Division in addition to any other penalty that may be imposed, or any other action that may be taken, in relation to the offence or on account of a contravention of this Act.\n\t(3)\tAn order may be made under this Division regardless of whether any penalty is imposed, or any other action is taken, in relation to the offence or on account of a contravention of this Act.\n\t(4)\tIn this Division—\nthe court means the court that finds the offence proved;\nthe offender means the person who is found to have committed the offence.\n272—Orders for restoration and prevention\nThe court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court, on application, may allow)—\n\t(a)\tto prevent, eliminate, minimise, control or manage any biosecurity impact caused by the commission of the offence; or\n\t(b)\tto take any other action on account of the commission of the offence, including to rectify or make good any resulting biosecurity impact or other consequences associated with the commission of the offence; or\n\t(c)\tto prevent the continuance or recurrence of the offence or otherwise to ensure that a further contravention of this Act does not occur.\n273—Orders for costs, expenses and compensation at time offence proved\nThe court may order the offender to pay to a government agency or person costs and expenses incurred, or compensation for loss or damage suffered, as the case may be, in such amount fixed by the court, if the court is satisfied (on the balance of probabilities) that—\n\t(a)\ta government agency has incurred costs and expenses in connection with—\n\t(i)\tthe prevention, elimination, minimisation, control or management of any biosecurity impact caused by the commission of the offence; or\n\t(ii)\tmaking good any resulting biosecurity impact; or\n\t(b)\ta person (including a government agency) has, by reason of the commission of the offence, suffered loss or damage or has incurred costs or expenses in preventing, eliminating, minimising, controlling or managing any such loss or damage, or attempting to do so.\n274—Recovery of costs, expenses and compensation after offence proved\n\t(1)\tIf, after the court finds the offence proved—\n\t(a)\ta government agency has incurred costs and expenses in connection with—\n\t(i)\tthe prevention, elimination, minimisation, control or management of any biosecurity impact caused by the commission of the offence; or\n\t(ii)\tmaking good any resulting biosecurity impact; or\n\t(b)\ta person (including a government agency) has, by reason of the commission of the offence, suffered loss or damage or has incurred costs or expenses in preventing, eliminating, minimising, controlling or managing any such loss or damage, or attempting to do so,\nthe government agency or person may recover from the offender the costs and expenses incurred or the amount of the loss or damage in a court of competent jurisdiction.\n\t(2)\tThe amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.\n275—Orders regarding costs and expenses of investigation\n\t(1)\tThe court may, if satisfied (on the balance of probabilities) that a government agency has reasonably incurred costs and expenses during the investigation of the offence, order the offender to pay to the government agency the costs and expenses so incurred in such amount as is fixed by the order.\ncosts and expenses, in relation to the investigation of an offence, includes the costs and expenses of or incidental to—\n\t(a)\ttaking any sample or conducting any inspection, examination, test, measurement or analysis of any thing; or\n\t(b)\tseizing, transporting, storing, destroying or disposing of any thing; or\n\t(c)\ttaking any other action associated with the investigation of the offence.\n276—Orders regarding financial benefits\n\t(1)\tThe court may order the offender to pay an amount which the court is satisfied, on the balance of probabilities, represents the amount of any financial benefits acquired by the offender or an associate of the offender, or accrued or accruing to the offender or an associate of the offender, as a result of the commission of the offence.\n\t(2)\tFor the purposes of this section, a person is an associate of an offender if—\n\t(a)\tthey are partners; or\n\t(b)\tone is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a director of the body corporate or other entity; or\n\t(e)\tone is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta chain of relationships can be traced between them under any one or more of the preceding paragraphs.\n\t(3)\tFor the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.\n\t(4)\tIn this section—\nfinancial benefit means monetary, financial or economic benefit.\n277—Prohibition orders\n\t(1)\tThe court may do 1 or more of the following in respect of the offender:\n\t(a)\torder the offender not to deal with any specified biosecurity matter or thing or not to engage in any specified dealing with specified biosecurity matter;\n\t(b)\tcancel, suspend or vary any biosecurity registration, permit, approval as an accreditation authority, appointment as a biosecurity auditor or accreditation as a biosecurity certifier held by the offender under this Act;\n\t(c)\torder that the offender not be eligible for biosecurity registration, a permit, approval as an accreditation authority, appointment as a biosecurity auditor or accreditation as a biosecurity certifier.\n\t(2)\tThe court may, in an order under this section, fix a period during which the order applies and impose any other requirements that the court considers necessary or expedient for enforcement of the order.\n278—Forfeiture\n\t(1)\tThe court may order forfeiture to the Crown of any biosecurity matter or other thing to which the offence relates.\n\t(2)\tIf an order is made under subsection (1), the biosecurity matter or other thing becomes the property of the Crown.\n\t(3)\tThe Chief Executive may deal with the biosecurity matter or other thing in any way the Chief Executive considers appropriate.\n\t(4)\tWithout limiting subsection (3), the Chief Executive may destroy, sell or dispose of the biosecurity matter or other thing or authorise its destruction, sale or disposal.\n279—Publication order\n\t(1)\tThe court may order the offender to take specified action to publicise 1 or more of the following:\n\t(a)\tthe offence, including the circumstances of the offence;\n\t(b)\tthe biosecurity impact of the offence;\n\t(c)\tany other consequences and any other orders made against the offender.\n\t(2)\tThe court may, in an order under this section, fix a period for compliance and impose other requirements that the court considers necessary or expedient for enforcement of the order.\n\t(3)\tIf the offender fails to comply with an order under subsection (1), the Chief Executive or a person authorised by the Chief Executive may take action to carry out the order.\n\t(4)\tThe reasonable cost of taking action under subsection (3) is recoverable in a court of competent jurisdiction from the offender as a debt due to the Crown.\n280—Failure to comply with orders\nA person must not contravene an order under this Division that is made in respect of the person.\n","sortOrder":26},{"sectionNumber":"Part 17","sectionType":"part","heading":"Miscellaneous","content":"Part 17—Miscellaneous\n281—Reasonable suspicion of carrier\n\t(1)\tFor the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that—\n\t(a)\tbiosecurity matter is present in or on the animal, plant or other thing; or\n\t(b)\tthe animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or\n\t(c)\tthere is present, in or on the place where the animal, plant or other thing is kept, a vehicle, or other thing, that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in, or on, that other place.\n\t(2)\tFor the purposes of this Act, a place may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that—\n\t(a)\tbiosecurity matter is present in or on the place; or\n\t(b)\tthere is present, in or on the place, a vehicle or other thing that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in or on that other place.\n\t(3)\tIt is not necessary, in order to form a reasonable suspicion under this section that an animal or plant is a carrier of biosecurity matter, for the animal or plant to be exhibiting signs of infection or contamination or other signs that is it a carrier.\n\t(4)\tNothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is a carrier of biosecurity matter.\n282—Reasonable suspicion of infection\n\t(1)\tFor the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that—\n\t(a)\ta disease agent is present in or on the animal, plant or thing; or\n\t(b)\tthe animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there is or was an animal, plant or other thing infected with the disease.\n\t(2)\tFor the purposes of this Act, a place may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that a disease agent is present in or on the place.\n\t(3)\tIt is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infected with a disease, for the animal, plant, place or other thing to be exhibiting signs of the disease.\n\t(4)\tNothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infected with a disease.\n283—Reasonable suspicion of infestation\n\t(1)\tFor the purposes of this Act, an animal, plant, place or other thing may reasonably be suspected of being infested with a pest if there are reasonable grounds for suspecting that—\n\t(a)\tthe pest is present in or on the animal, plant, place or other thing; or\n\t(b)\tthere is present, in or on the place or other thing, a vehicle or other thing that has been in or on another place when the pest was present in or on that other place.\n\t(2)\tIt is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infested with a pest, for the animal, plant, place or other thing to be exhibiting signs of infestation with the pest.\n\t(3)\tNothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infested with a pest.\n284—Public warning statements\n\t(1)\tIf, in the opinion of a Chief Officer, it is in the public interest to do so, the Chief Officer may make a public statement or erect signs at any public place identifying and giving warnings or information about any of the following:\n\t(a)\tany biosecurity matter, premises or other thing that, in the opinion of the Chief Officer, is affected with, or in danger of becoming affected with, a pest, disease, contaminant, pest infestation or infection;\n\t(b)\tthe presence, or suspected presence, of a biosecurity risk or suspected biosecurity risk, or biosecurity event;\n\t(c)\tpractices that, in the opinion of the Chief Officer, pose a biosecurity risk;\n\t(d)\tany other matter that, in the opinion of the Chief Officer, should be included in a statement or sign under this section.\n\t(2)\tA statement or sign under this section may identify any particular biosecurity matter, premises, thing, practices, persons or other matters.\n\t(3)\tThe Crown incurs no liability for a statement made by the Chief Officer in good faith in the exercise or purported exercise of a power under this section.\n285—Management of stray livestock\n\t(1)\tAn owner or occupier of land may detain any stray livestock—\n\t(a)\tthat is present on the land or in the vicinity of the land; and\n\t(b)\tthat—\n\t(i)\tis known to be a biosecurity risk; or\n\t(ii)\tthe owner or occupier has reason to suspect is a biosecurity risk.\n\t(2)\tIf livestock is detained under this section—\n\t(a)\tthe owner or occupier must manage the livestock in accordance with requirements prescribed by the regulations; and\n\t(b)\tif the livestock poses a biosecurity risk, the owner or occupier must comply with any requirements of this Act that apply in the circumstances; and\n\t(c)\tthe owner or occupier must take steps to identify and make contact with the owner of the livestock as required by the regulations; and\n\t(d)\tif the owner or occupier cannot identify or make contact with the owner of the livestock within a period prescribed by the regulations, the owner or occupier may, in circumstances prescribed by the regulations, sell or destroy the livestock; and\n\t(e)\tthe owner or occupier may recover their reasonable costs and expenses of acting under this section from the owner of the livestock after taking into account the proceeds of any sale under paragraph (d) (which proceeds the owner or occupier may retain to the extent necessary to cover their reasonable costs and expenses).\n286—Facilities for temporary detention of stray livestock\n\t(1)\tThe Chief Veterinary Officer may enter into an agreement with the owner or occupier of land to establish a facility for the temporary detention of stray livestock that poses, or may pose, a biosecurity risk.\n\t(2)\tAny livestock taken to a facility established under this section may be detained and managed in accordance with the regulations.\n\t(3)\tA person who is detaining livestock under this section must—\n\t(a)\ttake steps to identify or make contact with the owner of the livestock as required by the regulations; and\n\t(b)\tif the livestock poses a biosecurity risk, comply with any requirements of this Act that apply in the circumstances; and\n\t(c)\tcomply with any terms, conditions or requirements set out in an agreement under subsection (1).\n\t(4)\tA person who has established a facility under this section may, in circumstances prescribed by the regulations, sell or destroy livestock detained at the facility and recover any costs in accordance with a scheme prescribed by the regulations.\n287—Implied contractual terms and conditions\n\t(1)\tThe regulations may prescribe contractual terms and conditions providing for the rights and liabilities of purchasers and vendors of biosecurity matter, animal feed or fertiliser of a prescribed class in relation to the health, quality or condition of the biosecurity matter, animal feed or fertiliser.\n\t(2)\tContractual terms and conditions prescribed by regulations under this section in relation to a class of biosecurity matter, class of animal feed or class of fertiliser will be implied into each contract for the sale of the biosecurity matter, animal feed or fertiliser of that class entered into while the regulations are in force.\n\t(3)\tHowever, the parties to such a contract may agree to exclude or modify the implied terms and conditions.\n288—False or misleading information\nA person who furnishes information to a person involved in the administration of this Act that is false or misleading in a material particular is guilty of an offence.\n289—Self-incrimination\n\t(1)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or other information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tHowever, if compliance by a natural person with a requirement might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or information (as distinct from the contents of the document or information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of making a false or misleading statement or providing false or misleading information).\n290—Vicarious liability\n\t(1)\tFor the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.\n\t(2)\tThis section operates subject to section 254.\n291—Service of orders, notices, directions and other instruments and documents\n\t(1)\tIf this Act requires or authorises an order, notice, direction or other instrument or document (a prescribed instrument) to be served on, or given to, a person, the prescribed instrument may—\n\t(a)\tbe served on, or given to, the person or an agent of the person; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe sent by post to the person or an agent of the person at the person's or agent's last known address; or\n\t(d)\tif the prescribed instrument is to be served on or given to the owner of land, the land is unoccupied, and the person seeking to serve or give the prescribed instrument has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served on or given to the owner by fixing it to some conspicuous part of the land; or\n\t(e)\tif the prescribed instrument is to be served on or given to the occupier of land—be sent by post to the occupier at the address of the land; or\n\t(f)\tbe served on or given to the person by fixing it to, or leaving it on, a vehicle that the person is apparently in possession of, if the person serving or giving the prescribed instrument has reasonable grounds to believe that service in this matter will bring the prescribed instrument to the attention of the person to be served; or\n\t(g)\tbe sent to an email address known to be used by the person (in which case the prescribed instrument will be taken to have been served or given at the time of transmission); or\n\t(h)\tbe served or given in some other manner prescribed by the regulations.\n\t(2)\tWithout limiting subsection (1), a prescribed instrument to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act.\n\t(3)\tSubject to the regulations, a prescribed instrument required or authorised to be served on, or given to, an owner or occupier of land may, if it is being served personally, be served on or given to the owner or occupier, or 1 of any joint owners or occupiers, as the case may be.\n\t(4)\tIn addition, if a provision requires or authorises a notice to be given to the owner or occupier of premises, the notice may be given by leaving the notice—\n\t(a)\tin a letter box for the premises; or\n\t(b)\tat a prominent place on the relevant land.\n292—Description of land in instruments\nAny land or premises are sufficiently described in an order, notice, direction or other instrument or document (a prescribed instrument) under this Act if the description of the land or premises allows no reasonable doubt as to the land or premises to which the prescribed instrument relates.\n293—Statutory declarations\ndesignated official means—\n\t(d)\tan authorised officer.\n\t(2)\tIf a person is required by or under this Act or furnish information to a designated official, the designated official may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the designated official.\n294—Protection from liability\n\t(e)\ta public sector agency; or\n\t(f)\tany other person or body engaged in the administration or enforcement of this Act.\n\t(2)\tThis section applies to the disclosure or provision of information to a designated person about—\n\t(a)\ta biosecurity risk or suspected biosecurity risk, or a biosecurity impact; or\n\t(b)\ta biosecurity event; or\n\t(c)\tany biosecurity matter or carrier, or any dealing with any biosecurity matter or carrier; or\n\t(d)\tany other matter that is relevant to the administration, operation or enforcement of this Act.\n\t(3)\tIn a case where this section applies, information may be disclosed or provided despite any other enactment, law, policy, principle or agreement that prohibits or restricts the disclosure or provision of the information.\n\t(4)\tIf information is disclosed or provided by a person in good faith in a case where this section applies, the person—\n\t(a)\tdoes not incur any civil or criminal liability; and\n\t(b)\tis not to be taken to have breached any duty of confidentiality; and\n\t(c)\tis not to be taken to have breached any professional ethics or standards or any principles of conduct applicable to the person's employment or to have engaged in unprofessional conduct.\n295—Collection, use and disclosure of information\n\t(e)\ta public sector agency; or\n\t(f)\tany other person or body engaged in the administration or enforcement of this Act;\npublic authority means—\n\t(a)\ta public sector agency; or\n\t(b)\ta public sector employee.\n\t(2)\tA designated person may collect and use information (including personal information and health information) in connection with the administration, operation or enforcement of this Act.\n\t(3)\tA designated person may, in connection with the administration, operation or enforcement of this Act, disclose information (including personal information and health information) about a person, without the consent of the person—\n\t(a)\tto a public authority; or\n\t(b)\tto any other person if the disclosure is reasonably necessary in connection with the administration, operation or enforcement of this Act.\n\t(4)\tA public authority may disclose to a designated person, at the request of the designated person, any information (including personal information and health information) about a person that the public authority holds, without the consent of the person, if the designated person believes that the information is reasonably necessary in connection with the administration, operation or enforcement of this Act.\n\t(5)\tInformation may be disclosed or provided under this section despite any other enactment, law, policy, principle or agreement that prohibits or restricts the disclosure or provision of the information.\n\t(6)\tIf information is disclosed or provided by a person in good faith under this section, the person—\n\t(a)\tdoes not incur any civil or criminal liability; and\n\t(b)\tis not to be taken to have breached any duty of confidentiality; and\n\t(c)\tis not to be taken to have breached any professional ethics or standards or any principles of conduct applicable to the person's employment or to have engaged in unprofessional conduct.\n\t(7)\tNothing in this section prevents or limits the release or publication of any public information held, collected or used under this Act.\n296—Immunity\n\t(e)\tany other person engaged in the administration or enforcement of this Act.\n\t(2)\tNo civil or criminal liability attaches to the Crown or a designated person in respect of an act done or omitted in good faith—\n\t(a)\tin the performance or exercise, or purported performance or exercise, of a function or power under this Act; or\n\t(b)\tin the administration or enforcement, or purported administration or enforcement, of this Act; or\n\t(c)\tin carrying out, or purportedly carrying out, any requirement imposed, or purportedly imposed, in accordance with this Act.\n\t(3)\tSubsection (2) extends to an entity that is responsible for the acts or activities of a designated person.\n297—Planning or other requirements for authorised actions excluded\ndesignated Act means—\n\t(a)\tthe Environment Protection Act 1993; or\n\t(b)\tthe Planning, Development and Infrastructure Act 2016.\n\t(2)\tThe following may be taken on land despite the requirements for a consent, approval or other authorisation under a designated Act or any other Act:\n\t(a)\tan action authorised, required or taken under—\n\t(iii)\tan emergency biosecurity direction; or\n\t(iv)\tan emergency permit; or\n\t(v)\ta specific provision of this Act;\n\t(b)\tan action taken by the Minister, Chief Executive, a Chief Officer or an authorised officer.\n\t(3)\tUnless the action under subsection (2) is temporary in nature, the operation of that subsection does not derogate from the requirement to obtain any development authorisation under the Planning, Development and Infrastructure Act 2016 after a person has complied with the relevant requirements under this Act or taken action authorised under this Act.\n298—Requirements may continue to have effect\n\t(1)\tA requirement imposed by or under this Act that does not specify a time by which, or period within which, the requirement must be complied with continues to have effect until the requirement is complied with, unless sooner revoked or cancelled.\n\t(2)\tA requirement imposed by or under this Act that specifies a time by which, or a period within which, the requirement must be complied with continues to have effect until the requirement is complied with, even though the time has passed or the period has expired, unless sooner revoked or cancelled.\n\t(3)\tNothing in this section affects the powers of the Minister, the Chief Executive, a Chief Officer or an authorised officer in respect of the enforcement of any requirement imposed by or under this Act.\n299—Civil proceedings by the Crown\nAny civil right of action or recovery under this Act vested in the Minister, the Chief Executive, a government department, a public sector employee or other agency or instrumentality of the Crown may be instituted and exercised by the Crown in right of South Australia and in accordance with the Crown Proceedings Act 1992.\n300—Application of Personal Property Securities Act 2009 of the Commonwealth\nEach of the following is declared not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth:\n\t(a)\tbiosecurity registration;\n\t(b)\ta permit;\n\t(c)\tapproval to perform the functions of an accreditation authority;\n\t(d)\tappointment as a biosecurity auditor;\n\t(e)\taccreditation as a biosecurity certifier.\n301—Establishment of biosecurity advisory groups\n\t(1)\tThe Minister may establish 1 or more biosecurity advisory groups in relation to any sector of an industry that has an interest in the operation of this Act.\n\t(2)\tThe Minister may establish a biosecurity advisory group to represent—\n\t(a)\tparticipants in the relevant sector of industry; or\n\t(b)\ta particular group of persons within the community who have an interest in the relevant sector; or\n\t(c)\t1 or more groups or organisations that are interested in the environment.\n\t(3)\tThe Minister should, before acting under this section to establish a biosecurity advisory group, consult with members or representatives of the relevant sector about the establishment and composition of the biosecurity advisory group.\n\t(4)\tThe Minister will assign a distinctive name to each biosecurity advisory group.\n\t(5)\tThe main function of a biosecurity advisory group is to advise the Minister, on its own initiative or at the request of the Minister—\n\t(a)\ton the operation of this Act in relation to the relevant sector and in particular—\n\t(i)\tthe establishment and review of a code of practice for the sector; and\n\t(ii)\tthe application to the sector of the provisions requiring registration of a person who engages in a regulated dealing; and\n\t(iii)\tthe application to the sector of the provisions for implied terms and conditions of contracts for the sale of any biosecurity matter, animal feed or fertiliser relating to the health, quality or condition of the biosecurity matter, animal feed or fertiliser; and\n\t(iv)\tthe making of regulations relevant to the sector; and\n\t(b)\ton other issues directly related to the relevant sector.\n\t(6)\tSchedule 4 contains other provisions that are relevant to a biosecurity advisory group under this section.\n302—Charges on land\n\t(1)\tIf a charge on land is created by another provision of this Act or under the regulations, the person in whose favour the charge is created may deliver to the Registrar-General a notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.\n\t(2)\tOn receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n\t(3)\tWhere a note has been entered under subsection (2), the Registrar-General must not register an interest affecting the land to which the entry relates unless—\n\t(a)\tthe instrument—\n\t(i)\twas executed before the entry was made; or\n\t(ii)\thas been executed under or pursuant to an agreement entered into before the entry was made; or\n\t(iii)\trelates to an instrument registered before the entry was made; or\n\t(b)\tthe instrument is an instrument of a prescribed class; or\n\t(c)\tthe instrument is expressed to be subject to the operation of the charge; or\n\t(d)\tthe instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance in existence before the entry was made.\n\t(4)\tAn instrument registered under subsection (3)(a) or (b) has effect, in relation to the entry, as if it had been registered before the entry was made.\n\t(5)\tIf an instrument is registered under subsection (3)(d), the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must make the appropriate entries to give effect to the cancellation.\n\t(6)\tThe person in whose favour a charge exists must, if the amount to which the charge relates is paid, by notice in a form determined by the Registrar-General, apply for the discharge of the charge.\n\t(7)\tThe Registrar-General must then cancel the relevant entry.\n303—Use of equipment or computers to make decisions\n\t(1)\tAny equipment, computer, software or other mechanical or electronic device or process of a class or kind approved by the Minister may be used—\n\t(a)\tto make a decision or determination under this Act; or\n\t(b)\tto perform a function under this Act; or\n\t(c)\tto create reasonable grounds for suspecting that any matter exists in relation to the operation of a provision of this Act; or\n\t(d)\tto give notice of any decision, determination or other thing under this Act; or\n\t(e)\tto do anything else related to a matter referred to in a preceding paragraph.\n\t(2)\tAnything done, determined or created by any equipment, computer, software or other mechanical or electronic device or process approved by the Minister under subsection (1) in relation to a matter referred to in that subsection (the relevant matter) will be taken to have been done, determined or created by a person who may otherwise act under the provision to which that subsection relates (a relevant person).\n\t(3)\tThe use of any equipment, computer, software or other mechanical or electronic device or process under this section in relation to a relevant matter does not derogate from—\n\t(a)\tthe power of a relevant person to act in relation to that matter instead of relying on the equipment, computer, software or other mechanical or electronic device or process; or\n\t(b)\tthe power of a relevant person to substitute their own decision in relation to that matter.\n\t(4)\tA certificate issued by the Minister and that states either or both of the following is admissible in evidence in any legal proceedings as evidence of the matters so certified:\n\t(a)\tthat any equipment, computer, software or other mechanical or electronic device or process was of a class or kind approved by the Minister under this section;\n\t(b)\tthat any equipment, computer, software or other mechanical or electronic device or process was operating correctly.\n\t(5)\tFor the purposes of subsection (4), a document purporting to be a certificate of the Minister issued under that subsection is, unless the contrary is proved, to be taken to be such a certificate.\n304—Defence if act authorised under another Act\n\t(1)\tIn proceedings for an offence against this Act, it is a defence if the defendant proves that the act alleged to constitute the offence was authorised by or under—\n\t(a)\tthe Fisheries Management Act 2007; or\n\t(b)\tan Act, or a provision of an Act, prescribed by the regulations.\n\t(2)\tSubsection (1)—\n\t(a)\tdoes not apply unless the offence against this Act is an offence prescribed by the regulations; and\n\t(b)\tdoes not apply in circumstances prescribed by the regulations.\n305—Exemption from Act\n\t(1)\tThe Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\tin relation to—\n\t(i)\tany specified circumstance or situation, or circumstances or situations of a specified class; or\n\t(ii)\tany other specified thing, or things of a specified class; or\n\t(iii)\tany specified premises, place or area, or premises, places or areas of a specified class; or\n\t(c)\ton some other basis specified by the Minister.\n\t(2)\tAn exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(3)\tThe Minister may, by further notice in the Gazette—\n\t(a)\tvary or revoke an exemption; or\n\t(b)\tvary or revoke a condition of an exemption.\n\t(4)\tA person must not contravene a condition of an exemption.\n306—Regulations, notices and instruments\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5.\n\t(3)\tHowever, the Governor may only make a regulation imposing a levy of a kind referred to in Schedule 5 item 18 on the recommendation of the Minister.\n\t(4)\tThe Minister must not make a recommendation under subsection (3) unless the Minister is satisfied that consultation has occurred with bodies (including industry bodies) that the Minister considers represent persons liable to pay any proposed levy.\n\t(5)\tA regulation made for the purposes of this Act may operate subject to prescribed conditions.\n\t(6)\tThe regulations may adopt, wholly or partially and with or without modifications—\n\t(a)\tan instrument relating to matters in respect of which regulations may be made under this Act or otherwise relating to any aspect of biosecurity; or\n\t(b)\tan amendment to such an instrument.\n\t(7)\tThe regulations adopting an instrument, or an amendment to an instrument, may contain such incidental, supplementary and transitional provisions as appear to be necessary.\n\t(8)\tThe regulations, an instrument adopted by the regulations, or a designated instrument, may—\n\t(a)\tapply, adopt or incorporate, wholly or partially and with or without modification, a standard, rule, code, specification, program, procedure, guideline or other document prepared or published by a prescribed or specified body, either as in force at the time the regulations, instrument or designated instrument are made or as in force from time to time; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the circumstances or entities to which they are expressed to apply; and\n\t(d)\tprovide that any matter or thing may be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Executive, a Chief Officer, an authorised officer or any other specified body or person.\n\t(9)\tIf a standard, rule, code, specification, program, procedure, guideline or other document is applied, adopted or incorporated as envisaged by subsection (8)(a)—\n\t(a)\ta copy of the standard, rule, code, specification, program, procedure, guideline or other document must be kept available for inspection by members of the public on the Department's website, or at the principal office of the Department (during normal office hours); and\n\t(b)\tin any legal proceedings, evidence of the contents of the standard, rule, code, specification, program, procedure, guideline or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the standard, rule, code, specification, program, procedure, guideline or other document.\n\t(10)\tWithout limiting a preceding subsection, the regulations may—\n\t(a)\tprovide for the effect of failing to comply with any requirement prescribed by the regulations, including by providing that any action taken in a manner inconsistent with any such requirement will not have effect under this Act; and\n\t(b)\tspecify circumstances where a notice may be taken to have been given or served for the purposes of this Act.\n\t(11)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(12)\tIn this section—\ndesignated instrument means a notice, order, direction or other instrument issued or given by—\n\t(d)\tan authorised officer.\n","sortOrder":27},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Statutory corporations","content":"Schedule 1—Statutory corporations\n","sortOrder":28},{"sectionNumber":"Part 1","sectionType":"part","heading":"Interpretation","content":"Part 1—Interpretation\n1—Interpretation\nIn this Schedule—\nboard means the board of management of a statutory corporation;\nmember means a member of a board;\nmodification includes an addition, deletion or substitution.\nPart 2—Boards\n2—Conditions of office\nA member of a board will hold office on terms and conditions determined by the Minister.\n3—Allowances and expenses\nA member of a board is entitled to remuneration, allowances and expenses determined by the Minister.\n4—Validity of acts\nAn act or proceeding of a board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n5—Proceedings\n\t(1)\tThe member appointed as a board's presiding member will preside at meetings of the board or, in the absence of that member, a member chosen by those present will preside.\n\t(2)\tA quorum of a board consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the board unless a quorum is present).\n\t(3)\tA decision carried by a majority of votes cast by members at a meeting of a board is a decision of the board.\n\t(4)\tEach member present at a meeting of a board has 1 vote on a question arising for decision and, if the votes are equal, the member presiding at the meeting has a second or casting vote.\n\t(5)\tA conference between members constituting a quorum by telephone, audio-visual or electronic means is a valid meeting of a board if—\n\t(a)\tnotice of the meeting is given to all members in the manner determined by the board for that purpose; and\n\t(b)\tthe system of communication allows a participating member to communicate with any other participating member during the conference.\n\t(6)\tA resolution of a board—\n\t(a)\tof which notice was given to members in accordance with procedures determined by the board; and\n\t(b)\tin which at least a majority of members of the board express their concurrence in writing or by electronic communication,\nwill be taken to be a decision of the board made at a meeting of the board.\n\t(7)\tA board must have accurate minutes kept of its proceedings.\n\t(8)\tSubject to this clause and to any other provision made by a regulation under Part 3 Division 4 in relation to a particular statutory corporation, a board may determine its own procedures.\n6—General management duties of board\nAs part of its function in overseeing the operations of the statutory corporation, a board must ensure as far as practicable—\n\t(a)\tthat appropriate strategic and operational plans are established; and\n\t(b)\tthat the statutory corporation has appropriate management structures and systems for monitoring performance against plans and targets and that corrective action is taken when necessary; and\n\t(c)\tinsofar as may be relevant to the particular statutory corporation, that appropriate systems and practices are in place for management and financial planning and control, including systems and practices for the maintenance of financial and related records and the production of financial statements; and\n\t(d)\tthat all such plans, structures, systems and practices are regularly reviewed and revised as necessary to address changing circumstances and reflect best current practices; and\n\t(e)\tthat the Minister receives regular reports on the performance of the statutory corporation, and on the initiatives of the board; and\n\t(f)\tthat the Minister is advised, as soon as practicable, of any material development that affects the financial or operating capacity of the statutory corporation.\nPart 3—Staff\n7—Staff\n\t(1)\tThe Minister will, after consultation with the Chief Executive and the statutory corporation, determine the staffing arrangements for a statutory corporation (and the staff will, subject to this clause or the regulations or unless otherwise determined by the Minister, be public service employees).\n\t(2)\tA statutory corporation may, with the approval of the Minister or under an authorisation conferred by regulation, engage contract staff, agents and consultants, and enter into other forms of contract or arrangements for the provision of services.\n\t(3)\tA statutory corporation may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or authority.\nPart 4—Committees\n8—Committees\n\t(1)\tA board must establish such committees (including advisory or industry committees, or subcommittees) as the Minister may require.\n\t(2)\tA board may establish such committees (including advisory or industry committees, or subcommittees) as the board thinks fit.\n\t(3)\tSubject to a direction of the Minister, the membership of a committee will be determined by the board and may, but need not, consist of or include members of the board.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Minister; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a), as determined by the committee.\nPart 5—Operational, property and financial matters\n9—Common seal\nA statutory corporation must have a common seal and if a document appears to bear the common seal of the statutory corporation, it will be presumed, in the absence of proof to the contrary, that the common seal of the statutory corporation was properly affixed to the document.\n10—Specific powers\nWithout limiting Part 3 Division 4 or any regulation made under that Division, a statutory corporation may—\n\t(a)\tsue and be sued; and\n\t(b)\tacquire, hold, deal with and dispose of real and personal property (or an interest in real or personal property), and grant or hold a lease or licence; and\n\t(c)\twith the approval of the Minister or as authorised by regulation—acquire, hold, deal with and dispose of shares in, or securities issued by, another body corporate, or participate in the formation of another body; and\n\t(d)\twith the approval of the Minister or as authorised by regulation—borrow money and obtain other forms of financial accommodation; and\n\t(e)\testablish and operate ADI accounts and invest money; and\n\t(f)\tenter into any kind of contract or arrangement; and\n\t(g)\texercise other powers conferred by regulation; and\n\t(h)\texercise other powers that are necessary, expedient or incidental to the functions of the statutory corporation.\n11—Property to be held on behalf of Crown\nUnless otherwise prescribed by regulation, a statutory corporation holds its property on behalf of the Crown.\n12—Transfer of property\n\t(1)\tThe Minister may, with the concurrence of the Treasurer, by notice in the Gazette—\n\t(a)\ttransfer an asset, right or liability of the Minister to a statutory corporation;\n\t(b)\ttransfer an asset, right or liability of a statutory corporation—\n\t(i)\tto the Minister; or\n\t(ii)\tto another statutory corporation; or\n\t(iii)\tto the Crown, or to another agency or instrumentality of the Crown; or\n\t(iv)\tin prescribed circumstances, subject to conditions (if any), and with the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown.\n\t(2)\tA notice under subclause (1) may make other provisions that in the opinion of the Minister are necessary or expedient in connection with the relevant transfer.\n13—Effect of transfers\n\t(1)\tThe transfer of an asset, right or liability under Part 3 Division 4 or this Schedule operates by force of this Act and despite the provisions of any other law.\n\t(2)\tThe transfer of a liability under Part 3 Division 4 or this Schedule operates to discharge the body from which the liability was transferred from the liability.\n14—Registering authorities to note transfer\n\t(1)\tThe Registrar-General of another authority required or authorised under a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner the transfer to the Minister or another body of an asset, right or liability under Part 3 Division 4 or this Schedule.\n\t(2)\tAn instrument relating to an asset, right or liability that has been transferred under Part 3 Division 4 or this Schedule must, if the instrument is executed by the Minister in an appropriate form, be registered or recorded by the Registrar-General or another appropriate authority despite the fact that the Minister has not been registered or recorded as the proprietor of the property.\n\t(3)\tThe vesting of property under Part 3 Division 4 or this Schedule, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n15—Audit and accounts\n\t(1)\tA statutory corporation must keep proper accounting records in relation to its financial affairs and must have annual statements of accounts prepared in respect of each financial year.\n\t(2)\tThe accounting records and statements of accounts must comply with any applicable instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987.\n\t(3)\tThe Auditor-General may at any time audit the accounts of a statutory corporation and must audit the annual statement of accounts.\nPart 6—Performance and reporting obligations\n16—Objectives\n\t(1)\tThe Minister may, after consultation with a statutory corporation, prepare a statement setting out various objectives, targets or goals that the statutory corporation is to pursue over the period specified in the statement and dealing with such other matters as the Minister considers appropriate.\n\t(2)\tThe statutory corporation must review the statement whenever it is necessary to do so on account of a direction of the Minister under this Schedule and, in any event, at least once in every 12 month period.\n\t(3)\tThe Minister may, after consultation with the statutory corporation, amend a statement issued in relation to the statutory corporation at any time.\n17—Provision of information and reports to Minister\n\t(1)\tA statutory corporation must, at the request of the Minister, furnish the Minister with such information or records in the possession or control of the statutory corporation as the Minister may require in such manner and form as the Minister may require.\n\t(2)\tIf the statutory corporation considers that information or a record furnished to the Minister under this section contains matters that should be treated for any reason as confidential, the statutory corporation may advise the Minister of that opinion giving the reasons for the opinion, and the Minister may, subject to subclause (3), act on that advice as the Minister thinks fit.\n\t(3)\tif the Minister is satisfied on the basis of the statutory corporation's advice that the statutory corporation owes a duty of confidence in respect of a matter, the Minister must ensure the observance of that duty in respect of the matter, but this subclause does not prevent the Minister from disclosing the matter as required for the proper performance of ministerial functions or duties.\n18—Annual report\n\t(1)\tA statutory corporation must, on or before 30 September in each year, forward to the Minister a report on its activities for the preceding financial year.\n\t(2)\tThe report must incorporate the audited accounts and financial statements of the statutory corporation.\n\t(3)\tThe Minister must cause a copy of a report provided to the Minister under this clause to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n","sortOrder":29},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Dog Fence Board","content":"Schedule 2—Dog Fence Board\n1—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nboard means the Dog Fence Board;\nCrown land means Crown land as defined in the Crown Land Management Act 2009;\ndog fence means the primary dog fence, or a secondary dog fence, established under this Act or the repealed Act;\ninside a dog fence means—\n\t(a)\tin relation to the primary dog fence—land that is within the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or\n\t(b)\tin any other case—land within the State to which entry by wild dogs is further restricted by a secondary dog fence;\nlocal board means a local dog fence board established under Part 5;\noutside a dog fence means—\n\t(a)\tin relation to the primary dog fence—land that is outside the portion of the State bounded by the primary dog fence, the eastern border of the State and the coast of the State; or\n\t(b)\tin any other case—land within the State outside of an area to which entry by wild dogs is further restricted by a secondary dog fence;\nprimary dog fence—see clause 9;\nratable land means ratable land under clause 18;\nrepealed Act means the Dog Fence Act 1946;\nsecondary dog fence means a dog fence other than the primary dog fence;\nwild dog means—\n\t(a)\ta dingo or a dog that is any cross of a dingo; or\n\t(b)\ta feral dog.\n\t(2)\tFor the purposes of this Schedule, a fence is dog-proof if, in the opinion of the board, it is so constructed and maintained so as to provide an effective barrier against the movement of wild dogs.\nPart 2—Dog Fence Board\n2—Members of board\n\t(1)\tThe board consists of not less than 5 and not more than 7 members appointed by the Minister of whom—\n\t(a)\t1 will be a person nominated by the Minister; and\n\t(b)\t3 will be persons nominated by Livestock SA Incorporated, subject to the following requirements:\n\t(i)\teach person must be an occupier of ratable land;\n\t(ii)\tat least 1 person must be an occupier of ratable land located in an area on the western side of the State identified by the regulations for the purposes of this provision; and\n\t(c)\t1 will be a person nominated by the Minister responsible for the administration of the Landscape South Australia Act 2019, being an occupier of ratable land but not a Public Service employee; and\n\t(d)\tif the Minister so determines, 1 or 2 additional persons nominated by the Minister.\n\t(2)\tThe Minister must appoint a member of the board as the board's presiding member.\n\t(3)\tIf a nominating body referred to in subclause (1) fails to make a nomination within 60 days of being requested by the Minister to make the nomination, the Minister may appoint a person to the relevant position.\n\t(4)\tThe appointment of a member must be notified in a manner determined by the Minister and will take effect from the date specified in the notification.\n\t(5)\tIn this clause—\noccupier of ratable land means—\n\t(a)\tan occupier of land that is ratable land under clause 18; or\n\t(b)\tan occupier of land in relation to which a contribution has been declared under clause 21 to be payable for the current financial year,\nand includes a shareholder of a company that is an occupier of land referred to paragraph (a) or (b).\n3—Term of office\n\t(1)\tExcept as provided under this Act, a member of the board will hold office for a term, not exceeding 4 years, specified in the instrument of appointment.\n\t(2)\tA member of the board is, at the expiration of a term of office, eligible for reappointment.\n\t(3)\tA retiring member who is not reappointed will hold office until their successor is appointed.\n4—Remuneration\nThe remuneration payable to a member of the board under Schedule 1 Part 2 clause 3 is payable from the funds of the board.\n5—Conflict of interest\nA member of the board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter shared in common with those engaged in or associated with animal or plant control generally or primary industry generally, or a substantial section of those engaged in or associated with animal or plant control or primary industry.\n6—Removal from office and vacancies\n\t(1)\tThe Minister may remove a member of the board from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of office; or\n\t(b)\tfor mental or physical incapacity to carry out duties of office satisfactorily; or\n\t(c)\tfor serious misconduct which, in the opinion of the Minister, makes it undesirable that the person should remain a member of the Board; or\n\t(d)\tif serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers the board should be reconstituted for that reason.\n\t(2)\tThe office of a member of the board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis found guilty of an indictable offence; or\n\t(e)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(f)\tis absent from 3 consecutive ordinary meetings of the board without leave of the Minister; or\n\t(g)\tis removed from office by the Minister under subclause (1).\n\t(3)\tIn the event of a vacancy in the office of a member of the board, the Minister may take steps to fill the vacancy.\n7—Meetings\nThe board must meet at least 4 times in each calendar year.\n8—Staff\n\t(1)\tThe board may appoint a secretary and such other employees as are necessary for the purposes of the board as such remuneration as the board from time to time fixes.\n\t(2)\tAn employee of the board is not a Public Service employee.\n\t(3)\tSchedule 1 Part 3 clause 7(1) and (2) do not apply in relation to the staff of the board.\n\t(4)\tWithout limiting any other provision, an arrangement under Schedule 1 Part 3 clause 7(3) may provide measures or proceedings for the recovery of rates or charges under this Schedule may be taken on behalf of the board by staff of a government department, agency or authority and measures or proceedings so taken will be presumed to have been taken by the board.\nPart 3—Provisions as to dog fences\n9—Primary dog fence\n\t(1)\tA dog-proof fence known as the primary dog fence must continue to be maintained in the northern areas of the State for the purpose of preventing the entry of wild dogs into the pastoral and agricultural areas of the State.\n\t(2)\tThe Minister may, by notice made on the recommendation of the board, declare that a fence, or the site of a fence, is the primary dog fence, or the site of the primary dog fence.\n\t(3)\tThe Minister may, by notice made on the recommendation of the board—\n\t(a)\tvary a notice previously made under this clause;\n\t(b)\twithout limiting paragraph (a), authorise the alteration, moving or removal of a part of the primary dog fence.\n\t(4)\tThe Minister must, before making a notice under this clause, consult with an owner of part of the fence, and any separate occupier of the land, to which the notice relates (to the extent determined by the Minister).\n\t(5)\tThe Minister must ensure that a notice under this clause is published in a manner determined by the Minister.\n10—Secondary dog fences\n\t(1)\tFor the purpose of further restricting the movement of wild dogs within the pastoral and agricultural areas of the State, further dog proof fences (secondary dog fences) may be established and maintained in the area inside the primary dog fence.\n\t(2)\tThe Minister may, by notice made on the recommendation of the board, declare that a fence, or the site of a fence, is a secondary dog fence, or the site of a secondary dog fence.\n\t(3)\tThe Minister may, by notice made on the recommendation of the board—\n\t(a)\tvary or revoke a notice previously made under this clause;\n\t(b)\twithout limiting paragraph (a), authorise the alteration, moving or removal of a secondary dog fence, or part of a secondary dog fence.\n\t(4)\tThe Minister must, before making a notice under this clause, consult with an owner of the fence or part of the fence, and any separate occupier of the land, to which the notice relates (to the extent determined by the Minister).\n\t(5)\tThe Minister must ensure that a notice under this clause is published in a manner determined by the Minister.\n11—Construction work\n\t(1)\tIf, in order to—\n\t(a)\tconstruct, move or complete a portion of a dog fence, it is necessary to move or complete a fence on any land; or\n\t(b)\tmake dog-proof a part of a dog fence situated on land, it is necessary that the fence be altered for that purpose,\nthe board may, by notice given to the owner of the fence or the occupier of the land, require the owner to alter the fence or the occupier to construct, move or complete a fence (as the case may be), within the time and in accordance with the directions specified in the notice.\n\t(2)\tIf a person (the liable person) fails to comply with a notice under subclause (1), a person authorised by the board may enter land and carry out the work required by the notice.\n\t(3)\tThe board may charge the liable person for the reasonable costs and expenses incurred by the board in taking action as provided by subclause (2).\n\t(4)\tThe amount payable to the board is a debt due to the board.\n\t(5)\tThe board must not issue a notice under subclause (1) except after consultation with the owner of the fence or an occupier of the land (as the case may require).\n12—General authorisation\n\t(1)\tThe board may carry out work, or approve the carrying out of work, for the purposes of this Part.\n\t(2)\tThe board may enter into an agreement for contributions to be made to the board, or by the board, towards the cost of work carried out under subclause (1).\n\t(3)\tIf—\n\t(a)\tthe board carries out work to alter or replace an existing part of a dog fence with another fence that would, as part of a dog fence, be under the same ownership; and\n\t(b)\tthe fence to be altered or replaced is in disrepair and, in the opinion of the board, in such a condition, or on such land, that it is not reasonably practicable to make it good as dog-proof fencing,\nthe board may recover the cost of the work from the owner of the existing part of a dog fence as a debt due to the board by the owner.\n13—Duty of owner to maintain dog fence and destroy wild dogs\n\t(1)\tThe owner of any part of a dog fence—\n\t(a)\tmust at all times keep it in a dog-proof condition and properly maintained as a dog-proof fence; and\n\t(b)\tmust, for the purpose of keeping it in that condition and so maintained, cause it to be inspected at intervals of not more than 14 days; and\n\t(c)\tmust take all reasonable steps to destroy all wild dogs in the vicinity of the part of a dog fence owned by the owner by shooting or trapping the dogs or by laying poisoned baits for them; and\n\t(d)\tmust take any other action, or comply with any other requirement, prescribed by the regulations.\n\t(2)\tAn owner of any part of a dog fence who fails to comply with subclause (1) is guilty of an offence.\n\t(3)\tIf the board is satisfied that an owner of any part of a dog fence has failed to comply with subclause (1), a person authorised by the board may enter land and carry out the necessary work for the purpose of—\n\t(a)\tmaintaining or inspecting the dog fence; or\n\t(b)\tmaking the dog fence dog-proof; or\n\t(c)\tdestroying wild dogs in the vicinity of the dog fence.\n\t(4)\tThe board may charge the owner for the reasonable costs and expenses incurred by the board in taking action as provided by subclause (3).\n\t(5)\tThe amount payable to the board is a debt due to the board.\n14—Powers and duties of board as to dog fences\n\t(1)\tThe board has the following powers and duties with respect to dog fences:\n\t(a)\tthe board must ensure that all dog fences are properly maintained and are at all times dog-proof;\n\t(b)\tthe board must ensure that dog fences are properly inspected;\n\t(c)\tthe board must ensure that wild dogs are destroyed in the vicinity of a dog fence by the owners of the dog fence.\n\t(2)\tFor the purposes of this clause, a person authorised by the board may, at any reasonable time, enter and remain on land on which a dog fence is situated.\n15—Dog fences on Crown land\n\t(1)\tThe board may—\n\t(a)\tfor the purpose of completing or replacing a portion of a dog fence, erect a fence on any Crown land; or\n\t(b)\tmake dog-proof any fence on Crown land; or\n\t(c)\tmaintain a fence on Crown land.\n\t(2)\tThe board may, for the purpose of carrying out any work authorised under this clause—\n\t(a)\tauthorise a person, at any reasonable time, to enter and remain on Crown land;\n\t(b)\tenter into any arrangement with the occupier of Crown land.\n16—Payments to owners of dog fences\n\t(1)\tThe board must, in each financial year, pay to each owner of part of a dog fence an amount, not exceeding a prescribed amount of each kilometre of fence, to enable the owner to maintain and inspect that part of the fence and to destroy wild dogs in the vicinity of that part of the fence.\n\t(2)\tFor the purpose of determining the amount to be paid under subclause (1), the board may fix differential rates of payment in respect of different parts of a fence.\n\t(3)\tIf any part of a dog fence is owned jointly by 2 or more owners, the board must pay the amount referred to in subclause (1) to such owners as the board is satisfied will undertake the liability of carrying out the work referred to in that subclause, and the board may require the joint owners to enter into an agreement relating to that liability.\n\t(4)\tSubclause (3) does not derogate from clause 13 or 14.\n\t(5)\tAn amount paid to an owner must be applied by the owner for the purpose of the maintenance and inspection of a fence and the destruction of wild dogs in the vicinity of the fence.\n\t(6)\tWith the consent in writing of the board, the owner may apply any such amount or any part of it for the payment of interest payable in respect of any capital liability incurred by the owner in respect of a fence.\n\t(7)\tA consent may be given under subclause (6) for a period and on conditions fixed by the board.\n\t(8)\tThe board may pay an amount payable under this clause in instalments.\n\t(9)\tAn amount paid to an owner under this clause must be applied during the financial year in respect of which it is paid or during such other period as may be directed in writing by the board and in accordance with any other directions in writing given by the board at the time of payment to the owner.\n\t(10)\tIf an amount is payable to the board by the owner, that amount must be set off against any amount payable to the owner under this clause.\n\t(11)\tIf satisfied that an owner will not properly carry out the duties imposed on the owner under this Schedule, the board may refuse to pay to the owner the balance of the amount payable to the owner under this clause or any other amount payable to the owner under this clause.\n\t(12)\tThe board may, by notice in writing given to an owner to whom an amount is paid under this clause, require the owner to supply to the board within the time specified in the notice a statement in writing showing how any amounts so paid have been expended during the period specified in the notice and during the financial year in which the notice is given or during the preceding financial year.\n\t(13)\tA person who fails to apply an amount in accordance with subclause (5) is guilty of an offence.\n\t(14)\tA person who fails to comply with a requirement under subclause (12) within the period specified in the notice is guilty of an offence.\nMaximum penalty: $5 000.\n17—Ownership of dog fences\n\t(1)\tSubject to subclause (2), if part of a dog fence stands or is erected or constructed on land comprised in a Crown lease, the lessee of the land under the lease will, for the purposes of this Part, be taken to be the owner of such part of the fence on that land as is not vested in a local board.\n\t(2)\tIf a dog fence divides contiguous land of adjoining owners, the owner of the land inside the dog fence will, for the purposes of this Part, be taken to be—\n\t(a)\tthe owner of the land on which that part of the fence is situated; and\n\t(b)\tthe owner of so much of that part of the fence as is not vested in a local board.\n\t(3)\tIf a part of a dog fence adjoins the area in relation to which a local board is established, the ownership of that part of the dog fence is vested in that local board.\n\t(4)\tHowever, the Minister may, by instrument made on the recommendation of the board and with the agreement of the relevant owner of the land—\n\t(a)\twhere subclause (3) applies—vest the ownership any part of the fence vested by that subclause in the owner of the land on which the fence is situated, or in the board; or\n\t(b)\tin any other case—vest the ownership of any part of a dog fence in the board.\n\t(5)\tThe Minister may, by subsequent instrument made on the recommendation of the board, revest any part of the fence vested by subclause (4) in a local board or any other person.\nPart 4—Financial provisions\n18—Rates on ratable land\n\t(1)\tThe board may, by notice published in the Gazette, declare that any holding of more than 10 square kilometres of land that is situated within an area inside a dog fence specified in the notice is ratable land and, by further notice, amend or vary that notice.\n\t(2)\tThe board may, with the approval of the Minister, by notice published in the Gazette, declare in respect of each financial year—\n\t(a)\ta rate on ratable land; and\n\t(b)\ta minimum amount payable by way of rates.\n\t(3)\tThe rate must be expressed as an amount per square kilometre of ratable land, not exceeding the prescribed amount per square kilometre.\n\t(4)\tIf the amount of rate payable by a person would be less than the minimum amount for the time being declared under this clause, the amount payable by the person is the minimum amount.\n\t(5)\tIn this clause—\nholding includes 2 or more parcels of land that—\n\t(a)\tare used as a single enterprise; and\n\t(b)\tare occupied by the same person or persons, whether or not the parcels of land are contiguous.\n19—Special rate in respect of local board areas\n\t(1)\tThe board may, by notice published in the Gazette, in respect of each financial year, declare a special rate on any holding of more than 100 hectares that is situated within an area in relation to which a local board is established.\n\t(2)\tThe special rate must, unless the Minister and each occupier of land on which the special rate is declared agree otherwise, be expressed as an amount per square kilometre of the land on which it is declared, not exceeding the prescribed amount per square kilometre.\n\t(3)\tThe amount collected or recovered by the board in consequence of the declaration of a special rate under this clause, less the cost to the board of collection and recovery of that amount, must be paid to the local board.\n20—Payment and recovery of rates and special rates\n\t(1)\tThe board must, as soon as practicable after the declaration of a rate or special rate under this Part, serve on the occupier of ratable land or on the occupier of land on which the special rate is declared, as the case may be, a notice stating the amount the occupier is liable to pay by way of rates or special rates, as the case may be.\n\t(2)\tSubject to subclause (3), the amount of the rate or special rate is due and payable on the expiration of 28 days from the day on which the notice is served under subclause (1).\n\t(3)\tThe board may, in such cases and with such conditions as it thinks fit, extend the time for payment of a rate or special rate.\n\t(4)\tA rate or special rate imposed under this Part is, when it becomes due and payable, a debt due to the board and may be recovered by the board in a court of competent jurisdiction.\n21—Contributions by councils as alternative to rating by board\n\t(1)\tSubject to subclause (2), the board may, with the approval of the Minister and the Treasurer and after consultation with the Local Government Association of South Australia, by notice published in the Gazette—\n\t(a)\tdeclare a council, other than a council whose area is comprised of or includes ratable land under clause 18, to be a participating council for the purposes of this clause; and\n\t(b)\tbefore 31 December in any year, declare that a contribution for the next financial year must be paid to the board by each participating council consisting of—\n\t(i)\tin respect of the portion of the council area that is rural land—a specified percentage, not exceeding 1%, of the general rate revenue to be derived by the council for that next financial year in respect of that rural land; and\n\t(ii)\tin respect of the portion of the council area that is urban land—a specified percentage, not exceeding 0.25%, of the general rate revenue to be derived by the council for that next financial year in respect of that urban land.\n\t(2)\tA declaration may only be made under subclause (1) in relation to a council if—\n\t(a)\tthe board has taken action in the area of the council (other than action involving the construction or maintenance of an effective barrier against the movement of wild dogs) either—\n\t(i)\tpursuant to clause 13(3) on the basis that the owner of any part of a dog fence has failed to comply with clause 13(1)(c) or 13(1)(d); or\n\t(ii)\tto deal with an emergency related to movement of wild dogs; and\n\t(b)\tthe board is satisfied that the rates levied under the other provisions of this Part are insufficient or will be insufficient to defray the board's costs of taking such action; and\n\t(c)\tany contribution to be paid pursuant to the declaration is calculated to defray no more than those costs referred to in paragraph (b).\n\t(3)\tThe board may, by further notice published in the Gazette, amend or vary a notice under subclause (1).\n\t(4)\tSubclause (2) applies to the amendment or variation of a notice in the same way as it applies to a notice making a declaration under subclause (1).\n\t(5)\tThe board must cause notice in writing of a declaration under subclause (1)(b) to be served on each council to which it applies not later than 31 December of the year in which the declaration is made.\n\t(6)\tA council to which a declaration under subclause (1)(b) applies must pay the contribution specified in the declaration to the board for the credit of the Dog Fence Fund not later than 31 May in the financial year next following the making of the declaration.\n\t(7)\tIn this clause—\nrural land means land that is ratable land under the Local Government Act 1999 and does not lie within a municipality or township within the meaning of that Act;\nurban land means land that is ratable land under the Local Government Act 1999 and lies within a municipality or township within the meaning of that Act.\n22—Charge payable by occupiers of land outside dog fence\n\t(1)\tThis clause applies to land of 1 occupier, being land situated outside a dog fence, that is divided from land of another occupier by the dog fence.\n\t(2)\tThe board may levy a charge on the occupier of land to which this clause applies in respect of any financial year.\n\t(3)\tThe charge must be calculated by multiplying the length of that part of a dog fence that is adjacent to the occupier's land, expressed in kilometres, by a rate determined by the board.\n\t(4)\tThe rate must not exceed the prescribed amount per kilometre.\n\t(5)\tThe board must—\n\t(a)\tbefore it changes the rate under this clause—consult with Livestock SA Incorporated and obtain the approval of the Minister; and\n\t(b)\tif it has approval to change the rate—declare the new rate by notice published in the Gazette.\n\t(6)\tThe charge may be imposed by notice served on the occupier of land.\n\t(7)\tSubject to subclause (8), the amount of a charge under this clause is due and payable on a day specified in the notice of the charge (which must be at least 28 days from the day on which the is served on an occupier of land).\n\t(8)\tThe board may, in such cases and with such conditions as it thinks fit, extend the time for payment of a charge under this clause.\n\t(9)\tA charge under this clause is, when it becomes due and payable, a debt due to the board and may be recovered by the board in a court of competent jurisdiction.\n\t(10)\tAmounts received by the board under this clause must be paid to the owners of those parts of a dog fence that are contiguous to land occupied by persons against whom the charges are levied.\n\t(11)\tPayments under subclause (10) must be proportioned amongst the owners according to the length of dog fence that divides their land from the land occupied by the persons charged under this clause, and are in addition to other payments that may be made by the board under other provisions of this Schedule.\n23—Subsidies\nThe Treasurer must, out of money to be provided by Parliament for the purpose, as soon as practicable after the commencement of each financial year, pay to the board—\n\t(a)\ta subsidy at the rate of $1 for every dollar of the rates and contributions by councils declared by the board for each such financial year and payable in respect of each such financial year; and\n\t(b)\ta subsidy, at the rate of $1 for every dollar paid, or to be paid, in a particular financial year to the board from a fund under the Primary Industry Funding Schemes Act 1998 that is prescribed by the regulations for the purposes of this paragraph.\n24—Borrowing and investment powers of board\n\t(1)\tThe board may, for the purposes of this Schedule, borrow money from the Treasurer or, with the consent of the Treasurer, from any other person.\n\t(2)\tLiabilities incurred by the board under subclause (1) with the consent of the Treasurer are guaranteed by the Treasurer.\n\t(3)\tA liability of the Treasurer under a guarantee arising by virtue of subclause (2) is to be satisfied out of the Consolidated Account which is appropriated by this clause to the necessary extent.\n\t(4)\tAny money of the board that is not immediately required for the purposes of this Schedule may be invested in such manner as the Treasurer may approved.\n25—Dog Fence Fund\n\t(1)\tThe money of the board is to be held by the Treasurer in a fund called the Dog Fence Fund.\n\t(2)\tThe fund will consist of—\n\t(a)\tmoney received by the board as rates or contributions by councils; and\n\t(b)\tmoney paid to the board as a subsidy on rates or contributions by councils declared by the board and\n\t(c)\tany other money received by the board.\n\t(3)\tThe fund may be expended by the board for purposes associated with—\n\t(a)\tthe administration of this Schedule; or\n\t(b)\tthe operations of the board under this Act; or\n\t(c)\tany other matter approved by the Treasurer.\nPart 5—Local dog fence boards\n26—Establishment of local dog fence boards\n\t(1)\tThe Minister may, on the recommendation of the board, by notice in the Gazette, establish a local dog fence board.\n\t(2)\tA local dog fence board is established for the purpose of defraying the cost of erecting and maintaining part of a dog fence, or a fence that the board proposes to substitute as part of a dog fence instead of an existing part.\n\t(3)\tA local dog fence board will be constituted by persons specified in the notice.\n\t(4)\tA local dog fence board will have the powers and duties specified in the notice.\n\t(5)\tThe Minister may, on the recommendation of the board, by further notice in the Gazette—\n\t(a)\talter the constitution, or the powers or duties, of a local dog fence board; or\n\t(b)\tabolish a local dog fence board and make provision for incidental matters.\n27—Borrowing and investment powers of local dog fence boards\n\t(1)\tA local board may, for the purposes of this Schedule, with the consent of the board—\n\t(a)\tborrow money from the Treasurer; or\n\t(b)\tborrow money, with the additional consent of the Treasurer, from any other person.\n\t(2)\tLiabilities incurred by a local board under subclause (1) with the consent of the Treasurer are guaranteed by the Treasurer.\n\t(3)\tA liability of the Treasurer under a guarantee arising by virtue of subclause (2) is to be satisfied out of the Consolidated Account which is appropriated by this clause to the necessary extent.\n\t(4)\tAny money of a local board that is not immediately required for the purposes of this Schedule may be invested in such manner as the Treasurer may approved.\nPart 6—Related matters\n28—Inspection of fences\n\t(1)\tThe Minister may arrange for the inspection of a dog fence by a Public Service employee at such intervals as are determined by the Minister on the recommendation of the board.\n\t(2)\tFor the purposes of subclause (1), a Public Service employee may enter land and remain on land on which the fence is situated.\n29—Effect of notice\nIf a notice required to be given under this Schedule by the board is given to an occupier or to the owner of a fence, that notice will be taken to have been given to any successor in occupation or ownership of that occupier or owner.\n30—Recovery of amounts payable to board\n\t(1)\tIf the board is empowered to recover the cost of any work from a person under this Schedule, the board must first serve notice on the person of the amount of the cost and the amount becomes due and payable on the expiration of 28 days from the day on which the notice is so served.\n\t(2)\tIf an amount is due and payable by a person to the board under this Schedule, the following provisions apply:\n\t(a)\tthe person will, if the amount is not paid to the board within 28 days after the day on which the amount became due and payable, be liable to pay, in addition, a fine of 10% on the amount unpaid by the person;\n\t(b)\tany such fine may be recovered (together with the amount to which the fine relates) as a debt due to the board by action in a court of competent jurisdiction;\n\t(c)\tthe amount together with any such fine is until paid—\n\t(i)\tin the case of an amount payable for the cost of work carried out in respect of a fence—a first charge in favour of the board on the land of which that person is owner adjoining the fence or on which the fence is situated; or\n\t(ii)\tin any other case—a first charge in favour of the board on the land in respect of which the amount is payable.\n\t(3)\tThe board may, in its discretion, on grounds of hardship or otherwise, remit the whole or a part of an amount payable to the board under this Act, or postpone payment or allow payment by instalments.\n\t(4)\tIn any legal proceedings, an apparently genuine document purporting to be executed by the board and certifying as to any amount payable to the board by a person under this Act is, in the absence of proof to the contrary, to be accepted as proof of the matters so certified.\n\t(5)\tIf an amount is payable to the board by a local board, that amount is to be set off against any amount payable to the local board by way of rates collected or recovered for that local board by the board under this Schedule.\n\t(6)\tUnless the board otherwise determines, any fee or duty payable by the board in connection with a charge under this section—\n\t(a)\twill be recoverable by the board from the person whose land is subject to the charge; and\n\t(b)\twill be added to the amount to which the charge relates.\n31—Penalty for damaging or removing a dog fence\n\t(1)\tA person who, without lawful excuse, damages or does any act or makes any omission of such a nature as to be likely to cause damage to, any part of a dog fence is, whether or not the person is the owner of that part of the fence, guilty of an offence.\n\t(2)\tA person who, without the consent in writing of the board—\n\t(a)\tremoves any part of a dog fence; or\n\t(b)\tdoes any act whereby any part of a dog fence ceases to be dog-proof,\nis, whether or not the person is the owner of that part of the fence, guilty of an offence.\n\t(3)\tOn the conviction of a person for an offence involving the removal of or any damage to any part of a dog fence, the court may, if the convicted person is not the person responsible for the maintenance of that part of the fence, in addition to or in lieu of any penalty that may be imposed under this clause, order the convicted person to pay to the person so responsible such sum as the court thinks appropriate as compensation for the removal or damage.\n\t(4)\tFor the purposes of this clause, a gate or ramp pertaining to a dog fence will be taken to be part of the dog fence.\n32—Leaving gate open\n\t(a)\tpassing through a gateway in a dog fence leaves the gate open; or\n\t(b)\topens and leaves open a gate in a dog fence,\nMaximum penalty: $5 000.\n33—Schedule not to be subject to exemptions\nAn exemption under section 305 cannot be conferred in relation to this Schedule.\nSchedule 3—Specific measures and provisions to deal with biosecurity risk or biosecurity impact\n1\tThe movement of any biosecurity matter, carrier, potential carrier or other thing.\n2\tWithout limiting item 1, the documentation required to accompany any biosecurity matter, carrier, potential carrier or other thing and the period for which the documentation must be retained.\n3\tThe examination, testing or inspection of any biosecurity matter or other thing at specified intervals.\n4\tThe isolation, confinement or detention of any biosecurity matter or other thing at a specified place for a specified period (which may be extended or renewed from time to time).\n5\tThe treatment measures to be carried out in relation to any biosecurity matter, carrier, potential carrier, premises or other thing.\n6\tThe placing of any real or personal property in the possession of, or under the supervision of, a specified person and requiring compliance with any reasonable direction of that person in connection with that possession or supervision.\n7\tThe requirement that any biosecurity matter or other thing be kept, managed or transported in a specified manner.\n8\tThe requirement that any biosecurity matter or other thing be identified by marking, tagging or other means.\n9\tThe destruction, disposal or eradication of any thing (including by specifying the manner of destruction, disposal or eradication).\n10\tA prohibition or restriction on the sale or supply of any biosecurity matter or other thing.\n11\tA restriction on the purposes for which any biosecurity matter or other thing may be used.\n12\tA prohibition or restriction on the carrying out of any artificial breeding procedure.\n13\tA requirement that land—\n\t(a)\tbe examined or tested, including a continuing program of examination or testing at specified intervals; or\n\t(b)\tbe subjected to treatment or a course of treatment; or\n\t(c)\tbe used for the destruction, disposal or decontamination of any biosecurity matter or other thing.\n14\tThe use of any premises, vehicle, equipment or other thing for an activity that involves any biosecurity matter, carrier, potential carrier or other thing, including a prohibition on such use.\n","sortOrder":30},{"sectionNumber":"15","sectionType":"section","heading":"The erection of signs and notices, including as to their format, content, material to be used and placement.","content":"15\tThe erection of signs and notices, including as to their format, content, material to be used and placement.\n16\tThe construction, reinforcement or repair of any building, fencing, gates, structures, barriers or other methods of enclosure, or carrying out any other security or containment measures in relation to any premises, biosecurity matter, carrier or other thing.\n17\tA requirement that an owner or occupier of land take action to examine, test, treat, destroy, dispose of, eradicate or decontaminate native or feral animals (including mammals, amphibians, molluscs, reptiles, birds, fish or insects), native plants or other thing on the land (including by specifying the manner in which the required action is to be carried out).\n18\tA requirement that the owner of any biosecurity matter or other thing (including land) in respect of which an order, direction or other requirement applies to notify the Chief Executive, a Chief Officer or an authorised officer of any intended sale of the biosecurity matter or other thing (including land).\n","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Without limiting any other item, in the case of a disease—","content":"19\tWithout limiting any other item, in the case of a disease—\n\t(a)\ta prohibition or restriction on the movement into, out of or within an area of persons or vehicles; and\n\t(b)\ta requirement as to the cleansing or disinfecting of a person, place or property.\n","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"A requirement as to the muzzling of dogs.","content":"20\tA requirement as to the muzzling of dogs.\n","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"A prohibition or restriction with respect to—","content":"21\tA prohibition or restriction with respect to—\n\t(a)\tthe holding of any market, fair, sale, show, parade, race-meeting or other gathering or competition involving biosecurity matter; and\n\t(b)\tthe delivery of biosecurity matter to any place.\n","sortOrder":34},{"sectionNumber":"22","sectionType":"section","heading":"The ability of an authorised officer to destroy or dispose of biosecurity matter if—","content":"22\tThe ability of an authorised officer to destroy or dispose of biosecurity matter if—\n\t(a)\tthe biosecurity matter is not under the direct control of a person; or\n\t(b)\tthe provisions of an order, direction or other requirement have apparently not been complied with; or\n\t(c)\tthe authorised officer has any other reasonable ground on which to take such action.\n","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":"The requirement that any biosecurity matter that has been sold or supplied be recalled.","content":"23\tThe requirement that any biosecurity matter that has been sold or supplied be recalled.\n24\tA prohibition as to the planting, propagation, harvesting or collection of plants, or plants of a specified species or kind, on specified land during a specified period (which may be extended or renewed from time to time).\n25\tThe prohibition or restriction of any activity that involves any biosecurity matter, carrier, potential carrier or other thing.\n26\tThe provision or taking of samples of any biosecurity matter or other thing.\n27\tThe installation or use of a device or equipment at any premises for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing, or for capturing or containing any biosecurity matter or other thing.\n28\tThe obtaining of a biosecurity certificate in relation to any biosecurity matter or other thing.\n29\tThe requirement that a person who is in a position to do so stop any work or operation, or to close any place.\n30\tAny other measure, step, action or requirement prescribed by the regulations.\n31\tAny other measure, step, action or requirement specifically authorised or required by a Chief Officer (including a requirement to comply with any standard, rule, code, specification, program, procedure, guideline or other document prepared or published by a specified body).\nSchedule 4—Biosecurity advisory groups\n1—Composition of a biosecurity advisory group\n\t(1)\tA biosecurity advisory group consists of up to 9 persons appointed by the Minister.\n\t(2)\tA biosecurity advisory group will include at least 1 representative of the Minister.\n\t(3)\tThe Minister may appoint a suitable person to be the deputy of a member of a biosecurity advisory group.\n\t(4)\tA deputy may act as a member of biosecurity advisory group during any period of absence of the member in relation to whom the deputy has been appointed.\n2—Conditions of membership\n\t(1)\tA member of a biosecurity advisory group will hold office on terms and conditions determined by the Minister for a term specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment.\n\t(2)\tThe Minister may remove a member of a biosecurity advisory group from office on any ground specified in the member's instrument of appointment.\n\t(3)\tThe office of a member of a biosecurity advisory group becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office under subclause (2).\n3—Validity of acts\nAn act or proceeding of a biosecurity advisory group is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n4—Conflict of interest under the Public Sector (Honesty and Accountability) Act\nA member of a biosecurity advisory group will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged or associated with the sector of the industry in relation to which the biosecurity advisory group has been established generally, or a substantial section of those engaged or associated with that sector of the relevant industry.\n5—Proceedings\n\t(1)\tThe quorum for a meeting of a biosecurity advisory group is determined by dividing the number of members by 2, ignoring any fraction and adding 1.\n\t(2)\tSubject to the regulations, a biosecurity advisory group may determine its own proceedings.\n6—Annual report\n\t(1)\tA biosecurity advisory group must, on or before 30 September in each year, forward to the Minister a report for the preceding financial year.\n\t(2)\tA report must contain—\n\t(a)\ta report on the operation of this Act in relation to the sector of the industry in relation to which the biosecurity advisory group has been established; and\n\t(b)\tany other information required by the regulations.\n\t(3)\tThe Minister must cause a copy of a report provided to the Minister under this clause to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\n","sortOrder":36},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Regulations","content":"Schedule 5—Regulations\n1\tAny matter relating to the prevention, elimination, minimisation, control or management of any biosecurity risk or suspected biosecurity risk, or biosecurity impact.\n2\tThe provision of any report, statement, document, return or other form of information to any person or body that performs a function under or pursuant to this Act, or to any other prescribed person or body (including periodic returns that must be accompanied by a prescribed fee).\n3\tThe keeping of records and other information by any person who may hold or deal with any biosecurity matter, carrier or other item or thing relevant to the operation of this Act.\n4\tThe testing, analysis, diagnostics, vaccination, inoculation or other treatment of any biosecurity matter or carrier (other than a human), including (but not limited to)—\n\t(a)\tthe accreditation, registration or other authorisation of a person or entity to carry out any testing, analysis, diagnostics, vaccination, inoculation or other treatment; and\n\t(b)\tthe possession, use, manufacture, testing, distribution, storage, display or supply of any substance or equipment used for testing, analysis, diagnostics, vaccination, inoculation or other treatment.\n5\tThe use of hormonal growth promotants on animals and the making of declarations and the keeping of records in relation to their use.\n6\tThe classification and identification of any premises, biosecurity matter, carrier or other thing, including the marking, branding, tagging, tracing, implanting microchips or other means of recording the location, movement or status of any premises, biosecurity matter, carrier or other thing, or class of premises, biosecurity matter, carrier or other thing, whether on a voluntary basis or as mandatory requirements.\n7\tAny matter relating to the registration of persons, entities, premises, biosecurity matter, carriers, dealings or other matters or things.\n8\tThe publication or provision of information contained on a register established or administered under this Act, including exclusions, restrictions or limitations with respect to the publication of such information or the provision of such information on conditions prescribed by or under the regulations.\n","sortOrder":37},{"sectionNumber":"9","sectionType":"section","heading":"The destruction and disposal of any biosecurity matter, carrier or other thing.","content":"9\tThe destruction and disposal of any biosecurity matter, carrier or other thing.\n10\tRequirements as to waybills or other documents to accompany biosecurity matter whenever it is moved from 1 place to another, and the ability of authorised officers to detain, deal with and dispose any biosecurity matter that is not accompanied by the required waybill or other document.\n","sortOrder":38},{"sectionNumber":"11","sectionType":"section","heading":"Any matter relating to animal feed or fodder, including (but not limited to)—","content":"11\tAny matter relating to animal feed or fodder, including (but not limited to)—\n\t(a)\tthe amount or proportion of any specified ingredient or other thing that may be added or contained in animal feed or fodder, including prohibiting a substance from being added to or used as animal feed or specifying the amount of a substance that may be contained in animal feed; and\n\t(b)\tthe use, manufacture, testing, distribution, storage, display, packaging, labelling, sale or supply of animal feed or fodder; and\n\t(c)\tthe feeding of animals with particular products or substances or otherwise so as to regulate the feeding of animals.\n12\tAny matter relating to fertilisers, liming materials, trace element products or other similar materials or products, including (but not limited to)—\n\t(a)\tthe amount or proportion of any specified ingredient or other thing that may be added to fertilisers, liming materials, trace element products or other similar materials or products, including prohibiting a substance to be added to or used as fertilisers, liming materials, trace element products or other similar materials or products; and\n\t(b)\tthe use, manufacture, testing, distribution, storage, display, packaging, labelling, sale or supply of fertilisers, liming materials, trace element products or other similar materials or products.\n","sortOrder":39},{"sectionNumber":"13","sectionType":"section","heading":"The information to be given to, or provided by, a common carrier or other form of commercial carrier.","content":"13\tThe information to be given to, or provided by, a common carrier or other form of commercial carrier.\n","sortOrder":40},{"sectionNumber":"14","sectionType":"section","heading":"The conferral of additional functions or powers on authorised officers and other persons.","content":"14\tThe conferral of additional functions or powers on authorised officers and other persons.\n15\tEvidentiary provisions and presumptions in respect of any biosecurity matter, carrier, dealing, biosecurity risk, biosecurity impact or other matter or thing to which this Act relates in connection with any proceedings or other action, or potential proceedings or other action, under this Act.\n16\tThe conferral of jurisdiction on the Tribunal to review any determination, decision or action made or taken under the regulations.\n17\tWithout limiting section 306(11), fees, charges and costs in respect of any matter under this Act (including, but not limited to, fees and charges for the provision of information, or for the carrying out of any inspection, analysis or other function under this Act) and the payment, recovery, enforcement, reduction or waiver of fees, charges and costs and including by providing for—\n\t(a)\tfees, charges and costs to be recoverable as a debt; and\n\t(b)\tthe imposition of interest on any amount that is not paid within a period prescribed or determined under the regulations; and\n\t(c)\tthe imposition of penalties for the late payment of any fees, charges or costs; and\n\t(d)\tthe creation of a charge over land for the purposes of the recovery or enforcement of unpaid fees, charges or costs; and\n\t(e)\tthe reduction or waiving, or the refunding, in whole or in part, of fees, charges or costs.\n18\tWithout limiting item 17, the imposition of levies to fund the establishment or operation of any body, facility, program or activity for any purpose under this Act and for the payment, recovery, enforcement, reduction or waiver of any such levy as if it were a charge under that item.\n19\tThe imposition of penalties, not exceeding $25 000, for breaches of the regulations.\n20\tThe fixing of an expiation fee—\n\t(a)\tnot exceeding $5 000 in respect of any offence against this Act; and\n\t(b)\tnot exceeding $2 500 in respect of any offence against the regulations.\n21\tThe designation of persons who are authorised to give expiation notices.\n","sortOrder":41},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Related amendments, repeals and transitional provisions","content":"Schedule 6—Related amendments, repeals and transitional provisions\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Fisheries Management Act 2007\n2—Amendment of long title\nLong title—delete \", the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources\" and substitute:\nand the protection of aquatic habitats, aquatic mammals and aquatic resources\n3—Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited\nSection 78—after subsection (3) insert:\n\t(4)\tIn proceedings for an offence against this section, it is a defence if the defendant proves that the act alleged to constitute the offence was authorised by or under the Biosecurity Act 2025.\n4—Repeal of section 83\nSection 83—delete the section\n5—Repeal of section 130\nSection 130—delete the section\nPart 3—Amendment of Phylloxera and Grape Industry Act 1995\n6—Amendment of section 3—Interpretation\nSection 3, definition of Chief Inspector—delete the definition and substitute:\nChief Officer means the Chief Plant Protection Officer under the Biosecurity Act 2025;\n7—Amendment of section 5—Constitution of Board\nSection 5(1)(a)—delete paragraph (a) and substitute:\n\t(a)\tthe Chief Officer; and\n8—Amendment of section 14—Action to be taken on outbreak of disease\nSection 14—delete \"Chief Inspector\" and substitute:\nChief Officer\n9—Substitution of section 27\nSection 27—delete the section and substitute:\n27—Member of Board is an authorised officer\nA member of the Board will be taken to have been appointed as an authorised officer under the Biosecurity Act 2025.\nPart 4—Repeal of Acts\n10—Repeal of Acts\nThe following Acts are repealed:\n\t(a)\tthe Dog Fence Act 1946;\n\t(b)\tthe Impounding Act 1920;\n\t(c)\tthe Livestock Act 1997;\n\t(d)\tthe Plant Health Act 2009.\nPart 5—Transitional provisions\nDivision 1—Specific transitional provisions\n11—Preliminary\nrelevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used;\nrepealed Dog Fence Act means the Dog Fence Act 1946;\nrepealed Impounding Act means the Impounding Act 1920;\nrepealed Livestock Act means the Livestock Act 1997;\nrepealed Plant Health Act means the Plant Health Act 2009;\nDivision 2—Provisions relating to repeal of Dog Fence Act 1946\n12—Membership of Dog Fence Board\nA member of The Dog Fence Board holding office immediately before the commencement of this clause will continue to hold office for the balance of the member's term of office under the repealed Dog Fence Act (subject to Schedule 2 Part 2).\n13—Local dog fence boards\n\t(1)\tA local dog fence board in existence immediately before the commencement of this clause continues as if it were established under Schedule 2 Part 5.\n\t(2)\tA member of a local dog fence board holding office immediately before the commencement of this clause will continue to hold office for the balance of the member's term of office under the repealed Dog Fence Act (subject to Schedule 2 Part 5).\n14—Rates and charges\n\t(1)\tAny—\n\t(a)\trate or special rate; or\n\t(b)\tcontribution from a participating council; or\n\t(c)\tcharge,\ndeclared or levied under the Dog Fence Act 1946 before the commencement of this clause will continue to apply, or to be able to be imposed or enforced, under that Act as if the Act had not been repealed.\n\t(2)\tAny other amount payable under the Dog Fence Act 1946 immediately before the commencement of this clause will continue to be payable and recoverable under that Act as if the Act had not been repealed.\n\t(3)\tThe Dog Fence Board must, in connection with the first rate to be imposed under Schedule 2 clause 22—\n\t(a)\tconsult with Livestock SA Incorporated and obtain the approval of the Minister before it determines the rate; and\n\t(b)\tdeclare the rate by notice published in the Gazette.\n15—Proclamations\nThe Minister may, by notice in the Gazette, vary or revoke a proclamation made under the repealed Dog Fence Act.\nDivision 3—Provisions relating to repeal of Impounding Act 1920\n16—Transitional provisions\n\t(1)\tIf any animal is being held in a pound under the Impounding Act 1920 immediately before the commencement of this clause, the repealed Impounding Act will continue to apply in relation to that animal as if the Act had not been repealed until it ceases to be impounded, managed or disposed of under the provisions of that Act.\n\t(2)\tAny charge or right of recovery under the repealed Impounding Act will continue to be able to be imposed, exercised or enforced under the repealed Impounding Act in relation to any animal impounded before the commencement of this clause as if the Act had not been repealed.\nDivision 4—Provisions relating to repeal of Livestock Act 1997\n17—Registrations under repealed Livestock Act\n\t(1)\tA registration in force under the Livestock Act 1997 immediately before the commencement of this clause will be taken to be a biosecurity registration under this Act held by the person to whom the registration under the repealed Act was issued and authorising the activities authorised by the licence under the repealed Act.\n\t(2)\tThe biosecurity registration under this Act is subject to the same conditions as the registration under the repealed Livestock Act and will expire on the date on which the registration under the repealed Livestock Act would have expired.\n\t(3)\tIf the same person holds more than 1 registration, the registrations may, at the relevant Chief Officer's discretion on renewal under this Act, be consolidated into 1 registration.\n18—Inspectors\n\t(1)\tOn the relevant day, a person holding office as an inspector under the repealed Livestock Act will be taken to have been appointed as an authorised officer under this Act.\n\t(2)\tAn identity card held by an inspector under or for the purposes of the repealed Livestock Act immediately before the relevant day will be taken to be an identity card furnished by the regulator under section 27 of this Act.\n19—Functions and powers of authorised officers\n\t(1)\tAn authorised officer may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Livestock Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Livestock Act).\n\t(2)\tWithout limiting subclause (1)—\n\t(a)\ta reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Livestock Act; and\n\t(b)\ta reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Livestock Act.\n\t(3)\tAny action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Livestock Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day).\n\t(4)\tNothing in this clause affects or limits any action that may be taken under or with respect to the repealed Livestock Act by virtue of the operation of any other Act or law.\nDivision 5—Provisions relating to repeal of Plant Health Act 2007\n20—Accreditation\n\t(1)\tThe Minister may establish a scheme for the recognition of an accreditation of person under Part 4 Division 2 of the Plant Health Act 2007 as an accreditation under this Act.\n\t(2)\tA scheme under subclause (1) has effect according to its terms.\n21—Registration of importers\nA registration as an importer under Part 4 Division 3 of the Plant Health Act 2007 immediately before the commencement of this clause will be taken to be a registration issued by the relevant Chief Officer under Part 5 of this Act.\n22—Inspectors\n\t(1)\tOn the relevant day, a person holding office as an inspector under the repealed Plant Health Act will be taken to have been appointed as an authorised officer under this Act.\n\t(2)\tAn identity card held by an inspector under or for the purposes of the repealed Plant Health Act immediately before the relevant day will be taken to be an identity card furnished by the regulator under section 27 of this Act.\n23—Functions and powers of authorised officers\n\t(1)\tAn authorised officer may, on or after the relevant day, perform a function or exercise a power under this Act in relation to anything arising under or relevant to the repealed Plant Health Act before the relevant day (and this Act will apply in relation to the performance or exercise of such a function or power as if a reference to this Act included a reference to the repealed Plant Health Act).\n\t(2)\tWithout limiting subclause (1)—\n\t(a)\ta reference in this Act to a contravention of this Act will be taken to include a reference to a contravention of the repealed Plant Health Act; and\n\t(b)\ta reference in this Act to an offence against this Act will be taken to include a reference to an offence against the repealed Plant Health Act.\n\t(3)\tAny action taken or information acquired under this Act (including on account of the operation of this clause) may be used for the purposes of the repealed Plant Health Act (insofar as it may be relevant to an act, omission or circumstance occurring before the relevant day).\n\t(4)\tNothing in this clause affects or limits any action that may be taken under or with respect to the repealed Plant Health Act by virtue of the operation of any other Act or law.\nDivision 6—Other provisions\n24—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nBiosecurity Act 2025 \n13.2.2025\nuncommenced\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 4 to 8)—uncommenced\n","sortOrder":42}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This Act substantially broadens and consolidates scope compared with the more limited, earlier statutes it repeals. It replaces separate laws (Dog Fence Act 1946; Impounding Act 1920; Livestock Act 1997; Plant Health Act 2009 — Sch 6 Part 4) with a single, unified framework that covers a much wider array of ‘biosecurity matter’ (including carriers and contaminants), sets a general duty on all persons who ‘deal’ with such matter (s40), creates registration, accreditation and permit regimes (Parts 5–8), and gives broad emergency and control powers to the Minister and Chief Executive (Part 11). The Act also adds commercial instruments (financial assurances s66/148, fees and levies s306(11), charges on land s302) and detailed audit/certification systems (Parts 6–7). Those features extend the State’s regulatory reach beyond traditional plant/animal health controls into systemic certification, market access and cost‑recovery mechanisms, placing more routine regulatory obligations and potential liabilities on industry and landholders than the repealed Acts did."},"complexity_factors":["Very long (300+ sections plus 6 schedules) covering multiple substantive fields (animal health, plant health, pest control, quarantine and infrastructure)","Large interpretation/definitions section with numerous defined terms and subcategories (s3 with 100+ definitions)","Multiple regimes nested in the Act: general duty, registration, permits, accreditation, audits, certification, programs, zones, emergency and control orders, directions, enforcement, reimbursement and compensation","Extensive cross‑references and delegation points (frequent references to \"relevant Chief Officer\", \"designated authority\", delegation under s39, accreditation authorities ss79–80)","Numerous exceptions and qualifications (e.g. what may not be emergency/control measures, limits on treatment of persons, notice requirements)","Heavy reliance on subordinate instruments and regulations for operational detail (s306 and Schedule 5 list many matters to be prescribed)","Continuing offences, vicarious liability and director liability create layered criminal/civil exposure (ss41,254–256,257)","Multiple sets of administrative decision pathways with internal and external review (Part 13: internal Ministerial review then Tribunal in many cases)","Transitional and repeal provisions that import prior regulatory regimes and existing permits/registrations (Schedule 6), increasing implementation complexity"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Creates a single, comprehensive biosecurity law for South Australia covering animals, plants, diseases, pests, contaminants and objects that can carry them (\"carriers\"). (See definitions and scope: s3–s11, s6–s8.)\n- Establishes a general legal duty on anyone who \"deals\" with biosecurity matter to take all reasonably practicable steps to prevent, eliminate or minimise biosecurity risks. (General biosecurity duty: s40–s41.)\n- Gives the Minister, Chief Executive and designated Chief Officers broad powers to: declare prohibited matter and biosecurity zones (ss13,163–164); make emergency and control orders and directions (Part 11; ss173–186, 186–197, 198–211); require inspections, tests, audits and certification (Parts 6–7; ss104, 124); and to require financial assurances, conditions, suspensions and cancellations of registrations, permits and accreditations (Parts 5,6,8: ss60–69, 92–98, 145–150).\n- Sets up mandatory and voluntary administrative systems: a registration scheme for persons who engage in higher‑risk \"regulated dealings\" (Part 5: ss52–76); permits (Part 8: ss132–155); accreditation of certifiers and auditors and an audit regime (Parts 6–7: ss76–123); and biosecurity programs and agreements (Part 9: ss156–162).\n- Provides investigation and enforcement powers for authorised officers: information‑gathering, entry, seizure, treatment, destruction in specified circumstances, and recovery of costs. (Part 14: ss229–246, ss237–246.)\n- Prescribes offences and civil remedies, penalties and continuing offences for non‑compliance—ranging from expiation fees to six‑ or seven‑figure fines and, in some deliberate release offences, imprisonment. (See enforcement and Part 15: ss41, 248–256, 271–280.)\n- Consolidates and repeals several existing Acts and carrying over transitional arrangements (repeals and transitions are in Schedule 6, Part 4 and Part 5). The Dog Fence Board continues, with its functions included in Schedule 2.\n\n**Official stated purpose**\n\n- The Act’s declared objects are to protect South Australia from economically and environmentally significant pests and diseases, share responsibility among government, industry and the community, support science‑based and risk‑based decision making, and support trade and market access (s22).\n\n**How the Act implements that purpose (key mechanisms and who decides)**\n\n- Who decides: the Minister (policy and emergency orders) and the Chief Executive / Chief Officers (registrations, conditions, quarantine, day‑to‑day enforcement). Accreditation authorities and authorised officers carry out operational roles under delegations (ss23–26, 35–39, 77–80). (See s23, s26, s35, s39, s79.)\n- Who pays: regulated persons and registered entities pay application and periodic fees and can be charged for audits, inspections and remedial action (ss53,56,112,120,127,238). The Crown may reimburse owners in specified programs or cost‑sharing agreements (ss160,214–219), but only in the circumstances set out in programs or agreements.\n- Required behaviour changes for affected persons: notify suspected biosecurity events (duty to notify: ss49–51); obtain and comply with registration or permits to carry out regulated dealings (ss45,52–56,133–134); submit to audits and certification (Parts 6–7); comply with emergency or control orders and individual or general biosecurity directions (Part 11, ss173–211); and provide records, samples and access on request (Part 14, ss229–237).\n\n**Practical trade‑offs, incentives and likely effects (mechanisms not judgement)**\n\n- Compliance costs and administrative burden fall on persons who deal with biosecurity matter: registration fees, periodic returns, mandatory audits, insurance/financial assurance requirements, and possible costs of remedial action (ss56,60–66,112,120,64,66,148). These are explicit mechanisms that shift some prevention and immediate response costs to industry.\n- Enforcement and deterrence: substantial monetary penalties and continuing offence rules (s41 and multiple offence provisions) create strong legal incentives to meet duties and specified requirements but also expose businesses and directors to personal liability in certain circumstances (ss254–256).\n- Risk allocation and rapid response: emergency orders (ss173–184) and biosecurity directions (ss198–211) centralise decision‑making power to react quickly to incursions, including powers that temporarily prevail over other Acts (s20). The Act allows the Crown to require action and to recover costs from non‑compliant persons (ss166,212,238), which accelerates remedial action at private cost if the government acts.\n- Market and trade impacts: biosecurity certification and recognition of interstate certificates (ss124–128) are mechanisms to support market access; conversely, restrictions, destruction powers and movement controls (Schedule 3 and Parts 10–11) can interrupt trade and production when measures are in force.\n- Delegation and administrative discretion: many powers are delegated to the Chief Executive, Chief Officers, accredited authorities and authorised officers (e.g. ss39,79,83), and regulations can adopt external standards (s306(8)). That structure enables flexible, technical decision‑making but concentrates practical discretion in the public service and approved non‑government accreditation bodies.\n\n**Costs, risks and implementation issues to note (concrete mechanisms)**\n\n- Compliance and transaction costs are explicit: registration, fees for audits and certificates, insurance/financial assurance conditions, and potential claims on bank guarantees or bonds if a secured event occurs (ss56,112,120,64,66,148). \n- Enforcement risk and liability: vicarious liability and director/officer liability provisions mean employers and corporate officers may face prosecution for employee actions (ss254–256). Continuing offences generate daily penalties until resolved (multiple sections including s41(5), s165(2)).\n- Concentrated vs diffuse impacts: the Act empowers targeted orders (individual permits, property–specific emergency/control orders) that concentrate costs on particular businesses or landholders while the benefits (reduced biosecurity risk) are broadly shared (see ss133–134,173–177,186–193). \n- Reliance on regulations and delegated instruments: many operational details are left to regulations, notices and policies (s306). This allows technical detail to be adopted quickly but increases complexity for regulated parties who must monitor subordinate instruments.\n\n**Who is affected (summary)**\n\n- Primary: producers, processors, transporters, importers and sellers of animals, plants, animal/plant products and animal feed (ss3,6–8,46–48). \n- Businesses that engage in \"regulated dealings\" (must register and comply) and holders of permits and certifications. (Parts 5–8.)\n- Landowners, occupiers and everyone in an area subject to a biosecurity, control or emergency zone; owners of dog fences (Schedules 2) and owners of property subject to seizure, treatment or destruction in specified circumstances. (Parts 10–11; Schedule 2.)\n- Public sector bodies and authorised officers who administer, audit, inspect and enforce (ss23–39, Part 14).\n\n**Concrete examples of major powers and duties**\n\n- Duty to notify a suspected biosecurity event as soon as practicable (ss49–50). Notification is protected against use for other prosecutions except specific offences (s51).\n- General biosecurity duty to take reasonably practicable measures when dealing with biosecurity matter (s40). Failure that causes a significant biosecurity impact attracts large fines (s41).\n- Minister can declare an emergency, impose emergency measures up to (but with express limits on) treatment of people, movement restrictions in narrowly defined forms, and destruction of things where necessary (ss173–181, 178–180).\n- Authorised officers can enter, seize, test, treat or destroy biosecurity matter and recover the Crown’s costs from liable persons (ss235–239, ss237, 238, 239).\n\n**What the Act does not do (limitations)**\n\n- It does not create private causes of action for breaches of the Act (s21(1)).\n- It expressly limits powers over people: for example, biosecurity directions and control zone regulations are not to be used to require non‑external medical treatment or to take body samples (ss168–171, 180, 198–208).\n\n"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Schedule 1 Part 2 clause 5(2)","severity":"high","reasoning":"The clause states that a quorum consists of a number obtained by “dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1”. If “dividing ... by half” is read in its ordinary mathematical sense as dividing by 0.5, a board with n members requires 2n + 1 members for a quorum. That exceeds the total number of members for every non-negative n, making the stated quorum impossible to achieve. The same Schedule's Schedule 4 Part 5 clause 5(1) uses the distinct wording “dividing the number of members by 2”, which does not resolve the wording in clause 5(2).","confidence":0.98,"description":"The quorum formula appears to require more members than the board has."}],"contradictions":[{"severity":"high","section_a":"Schedule 2 Part 2 clause 3(3)","section_b":"Schedule 2 Part 2 clause 6(2)(b)","confidence":0.99,"description":"The provisions give inconsistent consequences when a board member's term expires and the member is not reappointed."},{"severity":"medium","section_a":"Schedule 6 Part 4 clause 10(d) and Part 5 Division 1 clause 11","section_b":"Schedule 6 Part 5 Division 5 heading and clauses 20–23","confidence":0.98,"description":"The Act identifies the repealed Plant Health Act as the Plant Health Act 2009, but Division 5 is headed as relating to repeal of the Plant Health Act 2007 and clauses 20 and 21 expressly refer to the Plant Health Act 2007."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":879},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond a simple biosecurity protection Act. It incorporates the entire Dog Fence Act regime (Schedule 2), creates a comprehensive administrative framework with statutory corporations, establishes multiple overlapping regulatory schemes (registration, accreditation, auditing, certification, permits, zones, orders, directions), and includes extensive transitional arrangements for four repealed Acts. The scope now covers not just emergency response but day-to-day commercial regulation, property management (dog fences), and complex administrative law procedures. The extraterritorial application provisions (section 19) also extend reach beyond South Australia's borders to internet/e-commerce platforms."},"complexity_factors":["Extensive cross-referencing between 17 Parts and 6 Schedules with nested divisions and subdivisions","47+ defined terms in the interpretation section (section 3) with many circular definitions","Multiple overlapping regulatory schemes: registration, permits, accreditation, audits, certification, biosecurity zones, emergency orders, control orders, and biosecurity directions","Complex conditional logic for when powers can be exercised (e.g., emergency vs non-emergency, with/without warrants, residential vs non-residential premises)","Nested exceptions throughout (e.g., destruction only permitted if specific conditions met, which themselves have sub-conditions)","Extensive interaction provisions with 20+ other Acts creating complex precedence rules","Detailed procedural requirements for administrative decisions (notice periods, submissions, reviews) with multiple pathways","Schedule 3 contains unspecified 'specific measures' referenced throughout but not included in provided text","Financial assurance and cost recovery mechanisms with multiple triggering conditions","Transitional provisions for four repealed Acts with preserved entitlements and converted registrations"],"plain_english_summary":"This is South Australia's new **Biosecurity Act 2025**, a comprehensive law that replaces four older Acts (Dog Fence Act 1946, Impounding Act 1920, Livestock Act 1997, and Plant Health Act 2009) and creates a unified system for protecting the state from biological threats.\n\n**What it does:**\n- **Prevents and controls** pests, diseases, and other harmful organisms that could damage agriculture, the environment, or public health\n- **Regulates** how people handle animals, plants, and anything that could carry diseases or pests (called \"biosecurity matter\" and \"carriers\")\n- **Establishes** a registration system for businesses that deal with regulated materials\n- **Creates** emergency powers to respond quickly to disease outbreaks or pest incursions\n- **Sets up** a new Dog Fence Board as a statutory corporation to continue managing the dog-proof fence that protects pastoral areas from wild dogs\n\n**Who it affects:**\n- **Farmers and primary producers** – must register for certain activities, follow biosecurity duties, and report suspected diseases or pests\n- **Businesses** – need permits for prohibited or regulated dealings with biosecurity matter\n- **Landowners** – must maintain dog fences and control wild dogs in designated areas\n- **Everyone** – has a general \"biosecurity duty\" to take reasonable steps to prevent biosecurity risks when dealing with animals, plants, or potential carriers\n\n**Key features:**\n- **General biosecurity duty** – everyone must take reasonable steps to prevent, eliminate, or minimise biosecurity risks\n- **Registration scheme** – businesses must register to engage in \"regulated dealings\" with biosecurity matter\n- **Emergency powers** – the Minister can declare biosecurity emergencies and issue orders that override other laws\n- **Biosecurity zones** – areas can be declared where special measures apply\n- **Audits and certification** – accredited auditors and certifiers ensure compliance\n- **Penalties** – significant fines (up to $500,000 for corporations, $100,000 for individuals) for serious offences, with continuing daily penalties for ongoing breaches\n\n**Why it matters:**\nThis Act protects South Australia's $15+ billion agricultural sector, unique ecosystems, and community health by creating a modern, flexible framework that can respond quickly to threats like foot-and-mouth disease, fruit fly, or invasive species. It balances strong enforcement powers with rights to review and compensation for affected property owners."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Cannot assess scope — no legislative text was provided. The submission contained only a website error page indicating the requested legislation could not be found."},"complexity_factors":["No legislative text was retrievable — only a 404 error page was returned","Cannot assess complexity without substantive content","Score of 1 reflects absence of content, not simplicity of any actual law"],"plain_english_summary":"## ⚠️ No Legislation Found\n\nThe link provided does not contain any actual legislation. Instead, it returned a **'Page Not Found' error** from the South Australian legislation website (legislation.sa.gov.au).\n\nThis means:\n- **No law called the 'Biosecurity Act 2025' could be retrieved** from the SA legislation website\n- The page may have moved, the link may be broken, or the Act may not exist under that name\n- If you are looking for biosecurity law in South Australia, you may need to search directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) or contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n**No legal analysis can be provided** because no legislative text was supplied."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-act-2025","history":"/api/acts/biosecurity-act-2025/history","analysis":"/api/acts/biosecurity-act-2025/analysis","conflicts":"/api/acts/biosecurity-act-2025/conflicts","importantCases":"/api/acts/biosecurity-act-2025/important-cases","documents":"/api/acts/biosecurity-act-2025/documents"}}