{"id":"F2016L00853","name":"Biosecurity (Reportable Biosecurity Incidents) Determination 2016","slug":"biosecurity-reportable-biosecurity-incidents-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438742,"registerId":"F2016L00853-fast-fetch-1775955043216","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity (Reportable Biosecurity Incidents) Determination 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nBiosecurity (Reportable Biosecurity Incidents) Determination 2016\n\nI, Daryl Quinlivan, Director of Biosecurity, make the following determination.\n\nDated 24 May 2016\n\nDaryl Quinlivan\n\nDirector of Biosecurity\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 Application of this instrument\n\n6 Events that are reportable biosecurity incidents in relation to relevant goods\n\n7 Requirements for reporting reportable biosecurity incidents\n\n1  Name\n\n  This is the Biosecurity (Reportable Biosecurity Incidents) Determination 2016.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as section 3 of the Biosecurity Act 2015 commences. 16 June 2016\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under sections 154 and 157 of the Biosecurity Act 2015.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) conditionally non‑prohibited goods;\n\n(b) conveyance;\n\n(c) goods;\n\n(d) premises;\n\n(e) prohibited goods;\n\n(f) subject to biosecurity control;\n\n(g) suspended goods.\n\n  In this instrument:\n\nAct means the Biosecurity Act 2015.\n\nimport permit has the same meaning as in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016.\n\nmanifest means a list of goods that are intended to be brought or imported into Australian territory.\n\nrelevant goods means goods in relation to which this instrument applies under section 5.\n\n5  Application of this instrument\n\n  This instrument applies in relation to:\n\n (a) goods that are subject to biosecurity control; and\n\n (b) exposed goods in relation to which an exposed goods order is in force.\n\nNote: See subsection 161(1) of the Act in relation to exposed goods in relation to which an exposed goods order is in force.\n\n6  Events that are reportable biosecurity incidents in relation to relevant goods\n\nEvents relating to prohibited goods, conditionally non‑prohibited goods or suspended goods\n\n (1) Each of the following events is a reportable biosecurity incident in relation to relevant goods that are prohibited goods, conditionally non‑prohibited goods or suspended goods:\n\n (a) the goods are in a container, a conveyance or other premises and are not as described on a manifest or an import permit relating to the goods;\n\n (b) the goods are in a container, a conveyance or other premises that is damaged and the goods are no longer secure;\n\n (c) the goods have been lost or stolen;\n\n (d) the goods have been destroyed in circumstances other than in compliance with a direction given by a biosecurity officer.\n\nEvents relating to conditionally non‑prohibited goods\n\n (2) A change to the intended use of relevant goods that are conditionally non‑prohibited goods is a reportable biosecurity incident in relation to the goods.\n\nEvents relating to goods generally\n\n (3) Each of the following events is a reportable biosecurity incident in relation to any relevant goods:\n\n (a) the goods or any container holding the goods, or the conveyance or other premises in which the goods are being held, have been, or are likely to have been, exposed to contamination, infestation or infection from prohibited goods, conditionally non‑prohibited goods or suspended goods;\n\n (b) the goods are infested with a live pest (for example, an insect, invertebrate or other animal), except if the goods, as infested with the live pest, were authorised to be brought or imported into Australian territory by an import permit;\n\n (c) biosecurity measures that have been required to be taken in relation to the goods under Chapter 3 of the Act have not been taken (including because it was not possible for the biosecurity measures to be taken in relation to the goods).\n\n7  Requirements for reporting reportable biosecurity incidents\n\nInformation that must be included in a report\n\n (1) The following information must be included in a report of a reportable biosecurity incident in relation to goods that is required by subsection 155(1) or 156(1) of the Act:\n\n (a) details of the goods;\n\n (b) the location of the goods;\n\n (c) a description of the incident;\n\n (d) if known, when and where the incident occurred;\n\n (e) when the person making the report became aware of the incident;\n\n (f) whether the goods have been moved since the incident occurred;\n\n (g) the name and contact details of:\n\n (i) the person making the report; and\n\n (ii) any other person who may have information about the incident;\n\n (h) details of any steps taken to manage the incident.\n\nHow a report must be made\n\n (2) A report of a reportable biosecurity incident required by subsection 155(1) or 156(1) of the Act must be made orally or in writing.\n\n (3) If:\n\n (a) a report is made orally; and\n\n (b) the Director of Biosecurity, or a biosecurity officer, asks the person who made the report to also provide the report in writing within a specified period;\n\nthe report must also be made in writing within the period specified in the request.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination applies to goods subject to biosecurity control and to exposed goods under an exposed goods order (s5) and specifies the classes of events that must be reported (s6) and the reporting content and modes (s7). The instrument operates under the Director’s authority in sections 154 and 157 of the Act (s3) and contains no provisions within its text that expand or contract that statutory scope beyond those stated applications."},"complexity_factors":["Relies on definitions and provisions in the Biosecurity Act 2015 and other determinations (definitions and cross‑references; see s4).","Multiple categories of goods (prohibited, conditionally non‑prohibited, suspended, exposed goods) with slightly different reportable events (see s5 and s6(1)–(3)).","Prescriptive list of reportable events but includes potentially open‑ended language ('are likely to have been exposed') that requires judgement by reporters (s6(3)(a)).","Detailed mandatory information to be supplied increases compliance tasks for reporters (s7(1)(a)–(h)).","Flexible reporting modes (oral or written) with discretionary follow‑up to written form when requested by the Director or a biosecurity officer, creating administrative coordination obligations (s7(2)–(3)).","Commencement tied to the Biosecurity Act timetable (commencement linkage; see s2 and s3 authorising provisions), so implementation depends on broader Act timings.","Limited operational discretion in the instrument itself but reliance on decisions by the Director of Biosecurity or biosecurity officers for follow‑up and timing (s7(3))."],"plain_english_summary":"This Determination lists specific events involving goods under biosecurity control (for example: damage, loss, contamination, infestation or an unauthorised change of use) that must be reported, and it sets the information that must be provided and the acceptable reporting methods (oral or written, with written follow‑up if requested). It applies to goods subject to biosecurity control and to exposed goods under an exposed goods order, so importers, carriers, consignees and other holders of such goods have the reporting and management duties."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: defining what constitutes a reportable biosecurity incident and establishing reporting requirements. The scope aligns with the empowering provisions in sections 154 and 157 of the Biosecurity Act 2015, which specifically authorize the Director of Biosecurity to determine reportable incidents and reporting requirements."},"complexity_factors":["Short instrument with only 7 operative sections","Minimal defined terms (only 4 definitions in section 4, plus 7 terms incorporated by reference from the parent Act)","Clear categorical structure organizing incidents by type of goods (prohibited, conditionally non-prohibited, suspended, or general)","Simple conditional logic in section 7(3) requiring written follow-up only if requested","No nested exceptions or complex cross-referencing beyond basic references to the Biosecurity Act 2015 and one related determination","Straightforward reporting requirements using plain language descriptors (who, what, where, when)"],"plain_english_summary":"This law requires people handling goods under Australian biosecurity control or flagged as exposed to report specified \"reportable biosecurity incidents\" to authorities, using phone or written notice with key details and any follow-up. \n\nIts purpose is to ensure rapid notification of mismatches, breaches, contamination risks, theft, unauthorized actions or failed treatments so outbreaks can be contained, protecting agriculture, native ecosystems and the economy."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016","history":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016/history","analysis":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016/analysis","conflicts":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016/conflicts","importantCases":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016/important-cases","documents":"/api/acts/biosecurity-reportable-biosecurity-incidents-determination-2016/documents"}}