Part 1 Preliminary

1 Short title

This Act may be cited as the Biosecurity Act 2019 .

2 Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3 Objects of Act

The objects of this Act are –

(a) to ensure that responsibility for biosecurity is shared between government, industry and the community; and

(b) to protect Tasmania from –

(i) pests, diseases and other biosecurity matters that are economically significant for Tasmania; and

(ii) threats to terrestrial and aquatic environments arising from pests, diseases and other biosecurity matters; and

(iii) risks to public health and safety arising from pests, diseases and other biosecurity matters known to have an adverse effect on human health; and

(iv) pests, diseases and other biosecurity matters that may have an adverse effect on public amenities, community activities and infrastructure; and

(c) to provide a regulatory framework in relation to biosecurity that –

(i) facilitates emergency preparedness and the effective management of biosecurity emergencies that may affect Tasmania; and

(ii) takes account of regional and local differences in respect of biosecurity risks and biosecurity impacts; and

(iii) supports an evidence-based approach to the assessment, prevention and management of biosecurity risks and biosecurity impacts; and

(iv) does not require a biosecurity risk to be proven with full certainty before taking reasonable and practicable measures to prevent, eliminate or minimise the risk; and

(d) to give effect to –

(i) biosecurity-related strategies and policies developed, or endorsed, by the Tasmanian Government; and

(ii) intergovernmental agreements related to biosecurity to which Tasmania is a party; and

(e) to facilitate the trade of Tasmanian produce by ensuring that it meets national and international biosecurity requirements; and

(f) to promote compliance with the general biosecurity duty through emergency preparedness, effective enforcement measures, and communication and collaboration between government, industry and the community.

4 Principles for performing functions under this Act

A person performing a function under this Act is to ensure that –

(a) the performance of the function is likely to further –

(i) the objects of this Act; and

(ii) [Section 4 Amended by No. 18 of 2021, s. 48, Applied:05 Nov 2021] the resource management and planning system objectives as set out in Part 1 of Schedule 1 to the Land Use Planning and Approvals Act 1993 ; and

(b) the performance of the function is appropriate and adapted to achieving its purpose and is within his or her authority under this Act; and

(c) in the reasonable opinion of the person, the manner of performing the function is no more intrusive, restrictive or expensive than is required in the circumstances; and

(d) the performance of the function does not, or is not likely to, unreasonably endanger the health or safety of a person; and

(e) if the performance of the function involves an animal, the performance of the function does not, or is not likely to, cause unreasonable and unjustifiable pain or suffering to the animal.

5 Application of Act

Unless the contrary intention appears, this Act is in addition to, and does not derogate from, the provisions of any other Act.

6 Extraterritorial operation of Act

It is the intention of Parliament that the operation of this Act should, so far as possible, operate in relation to each of the following:

(a) land situated outside Tasmania, whether in or outside Australia;

(b) persons or things situated outside Tasmania, whether in or outside Australia;

(c) acts, transactions and matters done, entered into and occurring outside Tasmania, whether in or outside Australia;

(d) persons, 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 the Commonwealth, another State or a foreign country.

7 Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Part 2 Interpretation

Division 1 General

8 Interpretation

(1)  In this Act, unless the contrary intention appears –

accreditation audit – see section 145 ;

accreditation authority – see section 139 ;

accreditation policy means a policy, referred to in clause 3 of Part 1 of Schedule 1 , that is approved by the Secretary as required under that Schedule;

act includes an omission;

animal means any of the following, whether alive or dead:

(a) a member of the animal kingdom, other than a human, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile and any other vertebrate or invertebrate member of the animal kingdom;

(b) an egg, embryo, ovum or sperm of such a member of the animal kingdom;

(c) a carcass, or part of a carcass, of such a member of the animal kingdom;

animal disease means a disease of, or capable of infecting, an animal;

animal food means fodder, animal products or other materials that are fed to an animal or are intended to be consumed by, or fed to, an animal;

animal product includes –

(a) the hide, skin, hair, wool, feather, shell, horn, scale, fin or hoof of an animal; and

(b) any part of the viscera or offal of an animal; and

(c) meat, fat, eggs, honey, milk, whey, cream, butter, cheese and other primary produce derived from an animal; and

(d) the urine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal; and

(e) any secretion or excretion of an animal; and

(f) any product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal; and

(g) any other prescribed thing;

[Section 8 Subsection (1) amended by No. 18 of 2021, s. 49, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

approved biosecurity program means a program approved by the Minister under Division 1 of Part 9 ;

assess includes investigate;

audit frequency policy means a policy adopted under section 153 that is approved by the Secretary as required under that section;

audit target means the person who is the subject of a biosecurity audit;

authorised analyst mean a person appointed as an authorised analyst under section 40 ;

authorised officer means –

(a) the Chief Veterinary Officer and Deputy Chief Veterinary Officer; and

(b) the Chief Plant Protection Officer and Deputy Chief Plant Protection Officer; and

(c) a police officer; and

(d) a person appointed as an authorised officer under section 31 ;

authorised purpose – see section 41 ;

Biosecurity Advisory Committee means the Biosecurity Advisory Committee established by the Minister under section 267(1) ;

biosecurity audit – see section 141 ;

biosecurity auditor – see section 34 ;

biosecurity certificate means a certificate issued under section 158 ;

biosecurity certifier – see section 38 ;

biosecurity compendium means the compendium kept in accordance with section 9 ;

biosecurity control agreement means a written agreement made in accordance with Division 3 of Part 9;

biosecurity direction means a direction given under Division 3 of Part 11 ;

biosecurity duty means a duty referred to in section 73(1) ;

biosecurity emergency means an emergency arising from a biosecurity risk or biosecurity impact;

biosecurity emergency (response and cost-sharing) agreement means an agreement –

(a) to which Tasmania is a party; and

(b) that furthers the objects of this Act; and

(c) that has been certified by the Minister to be a biosecurity emergency (response and cost-sharing) agreement for the purposes of this Act;

biosecurity event – see section 10 ;

biosecurity impact – see section 11 ;

biosecurity matter – see section 12 ;

biosecurity registration means registration granted under Part 6 ;

biosecurity risk means a risk of a biosecurity impact occurring;

biosecurity risk function means a function under this Act relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact;

biosecurity undertaking – see section 201 ;

biosecurity zone – see section 128 ;

biosecurity zone measure – see section 129 ;

carrier – see section 13 ;

Chief Plant Protection Officer means a person appointed as Chief Plant Protection Officer under section 27 ;

Chief Veterinary Officer means a person appointed as Chief Veterinary Officer under section 29 ;

compliance audit – see section 150 ;

conduct includes any act;

contaminant means any non-living thing –

(a) occurring in, or on, biosecurity matter or a carrier; or

(b) that may be ingested, or absorbed, by biosecurity matter or a carrier;

control, in relation to a thing, includes to contain the thing;

control order means an order made under section 177(1) ;

corresponding law means a law of another State or the Commonwealth –

(a) that corresponds to the provisions of this Act; or

(b) is prescribed as a corresponding law;

cost recovery order means an order made under section 211(1) ;

critical non-compliance means any thing, or act, prescribed as critical non-compliance;

data has the same meaning as in the Electronic Transactions Act 2000 ;

deal – see section 14 ;

Department means the Department of Primary Industries, Parks, Water and Environment or such other department as is prescribed;

Department website means the website available to the public that is operated by, or on behalf of, the Department;

Deputy Chief Plant Protection Officer means a person appointed as Deputy Chief Plant Protection Officer under section 28 ;

Deputy Chief Veterinary Officer means a person appointed as Deputy Chief Veterinary Officer under section 30 ;

director has the same meaning as in the Corporations Act;

disease includes the following:

(a) an 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 or pest;

(b) a syndrome, or a clinically identifiable set of signs or symptoms in an organism, for which the cause is known or unknown;

(c) a disease agent;

(d) any other prescribed thing or matter;

disease agent includes the following:

(a) a prion, microorganism, virus, infectious agent and parasite;

(b) any prescribed thing or matter;

document has the same meaning as in the Evidence Act 2001 ;

electronic communication has the same meaning as in the Electronic Transactions Act 2000 ;

emergency – see section 15(1) ;

emergency biosecurity direction means a biosecurity direction that is given in a biosecurity emergency;

emergency order – see section 163 ;

emergency permit means a permit referred to in section 100(1)(a) ;

emergency zone – see section 167 ;

engage in a dealing – see section 14 ;

entity means any person, including the Crown, regardless of whether the person –

(a) is an organisation or enterprise; or

(b) is incorporated or unincorporated; or

(c) is comprised of one or more individuals; or

(d) is of a government, commercial, charitable, educational, community or other nature;

environment means components of the earth, including –

(a) land, air and water; and

(b) any organic matter, inorganic matter and organisms; and

(c) human-made or modified structures and areas; and

(d) interacting natural ecosystems that each include components referred to in paragraph (a) or (b) ;

external treatment measure, in relation to a person, means a treatment, such as cleaning or disinfection, that –

(a) is limited to the external parts of the person's body; and

(b) does not require –

(i) any matter or thing to penetrate the person's skin; or

(ii) the person to ingest any matter or thing;

fodder includes any water, meal, meat, plant, vegetable, grain, algal product and other material, or mixture of materials, that is used for the food, supplementation or litter of animals;

function includes a power, authority and duty;

general biosecurity direction – see section 190(2) ;

general biosecurity duty – see section 70 ;

Government biosecurity program means a program implemented by the Secretary under Division 2 of Part 9 ;

group permit means a permit of any kind granted to a group, or class, of persons;

health information has the same meaning as in the Personal Information Protection Act 2004 ;

import means, in relation to any biosecurity matter, carrier or other thing –

(a) to import the biosecurity matter, carrier or other thing into Tasmania (excluding Macquarie Island) from Macquarie Island or from another State; or

(b) to import the biosecurity matter, carrier or other thing into Macquarie Island from another part of Tasmania or from another State; or

(c) to cause, permit or enable anything in paragraph (a) or (b) to occur;

individual biosecurity direction – see section 190(3) ;

individual permit means a permit granted to an entity;

infringement offence means an offence under this Act or the regulations that is prescribed to be an infringement offence;

interstate biosecurity agency means a government department or agency of another State, or the Commonwealth, that is responsible for the administration of a corresponding law;

interstate biosecurity certificate means a certificate recognised under section 159 ;

interstate biosecurity officer means an officer of an interstate biosecurity agency;

introduce means, in relation to biosecurity matter, to cause or allow the biosecurity matter to become established in an identifiable geographical area;

invasive pest – see section 16(3) ;

land includes –

(a) inland waters, within the meaning of the Inland Fisheries Act 1995 , and state waters; and

(b) land that is covered by water; and

(c) water in, on and below land; and

(d) air, or space, above and below the surface of land; and

(e) the subsoil and substrate of land; and

(f) buildings and other structures permanently fixed to the land, or part of such buildings and structures; and

(g) any other prescribed thing;

non-indigenous animal means an animal that is not indigenous to Tasmania, regardless of whether or not the animal is indigenous to any other part of Australia;

non-indigenous plant means a plant that is not indigenous to Tasmania, regardless of whether or not the plant is indigenous to any other part of Australia;

occupier, in relation to premises, includes any person who has care, control or management of the premises;

offal means the brain, thymus gland, pancreas gland, liver, spleen, kidney, heart, lung, intestine, tongue, blood, head or tail of any slaughtered animal or any part of the body of the slaughtered animal which is removed in the course of dressing the body;

offender means the person who has been found guilty of an offence under this Act;

organism means any organic life form, including a human, whether living or dead;

perform a function includes perform a duty and exercise a power;

permit means a permit granted under Part 7 ;

permit holder means –

(a) in the case of an individual permit, the person specified in the permit; and

(b) in the case of a group permit, a member of the group or class of persons specified in the permit;

permitted matter – see section 19 ;

personal information has the same meaning as in the Personal Information Protection Act 2004 ;

pest – see section 16 ;

plant includes any member of the Plantae, Fungi or Protista kingdom, whether whole or in part and whether alive or dead;

plant disease means any disease of, or capable of infecting, a plant;

plant product includes –

(a) the whole, or any part, of a flower, fruit, nut, seed, leaf, bulb, corm, tuber, stem, spore or pollen that has been separated from a plant; and

(b) dried plant material or timber;

premises includes –

(a) any land, whether built on or not; and

(b) any building, structure, vehicle or public or private place;

prohibited dealing – see section 17(2) ;

prohibited dealing permit means a permit referred to in section 100(1)(c) ;

prohibited matter – see section 20 ;

prohibited matter permit means a permit referred to in section 100(1)(b) ;

public authority has the same meaning as in the Personal Information Protection Act 2004 ;

public information has the same meaning as in the Personal Information Protection Act 2004 ;

Recorder of Titles means the Recorder within the meaning of the Land Titles Act 1980 ;

recoverable amount – see section 210 ;

Register has the same meaning as in the Land Titles Act 1980 ;

registered entity means an entity that holds biosecurity registration;

regulated dealing – see section 17(1) ;

regulations means regulations made under this Act;

relevant court, in relation to an offence or offender, means the most senior court that has –

(a) determined the guilt of the offender for the offence under this Act; or

(b) convicted the offender for the offence; or

(c) made an order under section 7 of the Sentencing Act 1997 against the offender in relation to the offence, whether or not a conviction is recorded in respect of the offence;

relevant officer, in relation to a biosecurity direction, means –

(a) in relation to a general biosecurity direction, the Secretary, the Chief Veterinary Officer or the Chief Plant Protection Officer; and

(b) in relation to an individual biosecurity direction, the Secretary or an authorised officer;

requirement includes a duty or obligation;

residential premises means any part of premises that is solely used for residential purposes;

responsible accreditation authority – see section 140 ;

responsible person, in relation to a seized thing, means the apparent owner of the thing or, if the owner cannot be reasonably ascertained, the apparent occupier of the premises where the thing is seized;

restricted matter – see section 21 ;

Secretary means Secretary of the Department;

seized thing means a thing seized by an authorised officer under Part 4 that has not been destroyed in accordance with this Act;

specified biosecurity requirement – see section 72 ;

State includes a Territory;

state waters has the same meaning as in the Living Marine Resources Management Act 1995 ;

stock animal means –

(a) a farmed or domesticated animal of which any part of the animal is used as, or which produces a product that is ordinarily used as, or manufactured into, a food, fibre, medicine, cosmetic, animal food, or other similar product; and

(b) an animal prescribed to be a stock animal;

suitable person – see section 18 ;

supply includes the following:

(a) to deliver, sell, trade, give or distribute, whether for monetary consideration or not;

(b) to offer or agree to deliver, sell, trade, give or distribute;

(c) to cause or permit delivery, sale, trade, giving or distribution;

(d) to hold in possession for the purpose of delivery, sale, trade, giving or distributing;

(e) to produce or package for delivery, sale, trade, giving or distributing;

thing includes any biosecurity matter, or carriers, other than a human;

treatment means a treatment, or process, used for the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact, including a process, or measure, for treating, cleaning, fumigating, irradiating, disinfecting, medicating and vaccinating;

vehicle means a conveyance of any kind, however propelled, whether or not it is capable of being moved or operated at the material time, and includes –

(a) a caravan, trailer, truck, train and other land vehicle; and

(b) a vessel; and

(c) an aeroplane, helicopter, hot air balloon, drone and other aircraft; and

(d) any other prescribed thing;

vessel includes –

(a) a ship, boat, hovercraft, ferry, raft and other water craft; and

(b) a pontoon, floating pier and other floating structure;

veterinary surgeon means a person who is a registered veterinary surgeon within the meaning of the Veterinary Surgeons Act 1987 ;

virus includes any virus and sub-viral agent capable of infecting an organism;

weed means a plant that is a pest.

(2)  In this Act, a reference to biosecurity matter –

(a) by a common name does not limit any reference to the biosecurity matter by its scientific name; and

(b) includes a reference to all stages of the life cycle of the biosecurity matter, if such matter has a life cycle.

(3)  In this Act, unless the contrary intention appears, a reference to the State, this State or Tasmania includes a reference to the state waters of Tasmania.

9 Meaning of biosecurity compendium

(1)  The Secretary is to keep on the Department website a compendium that includes, but is not limited to –

(a) a list of all prohibited matter; and

(b) a list of all permitted matter, including any conditions, requirements and restrictions applying in respect of the permitted matter; and

(c) a list of all restricted matter declared under section 21(2) ; and

(d) any explanatory or supporting information and material that the Secretary considers appropriate.

(2)  The Secretary is to ensure that –

(a) the compendium, or a copy of the compendium, kept under subsection (1) is available to members of the public; and

(b) the compendium or the copy made available is, on 1 July of each year, correct as at that point in time.

(3)  The compendium kept under subsection (1)  –

(a) is to be judicially noticed; and

(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and

(c) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

10 Meaning of biosecurity event

For the purposes of this Act, each of the following events is a biosecurity event:

(a) the presence in Tasmania, or part of Tasmania, of prohibited matter;

(b) the presence in Tasmania, or part of Tasmania, of an animal disease that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the disease, or cause of the disease, is known or identified;

(c) the presence in Tasmania, or part of Tasmania, of a plant disease that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the disease, or cause of the disease, is known or identified;

(d) the presence in Tasmania, or part of Tasmania, of an invasive pest that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the species, or subspecies, of the invasive pest is known or identified;

(e) a prescribed event or circumstance.

11 Meaning of biosecurity impact

(1)  In 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 biosecurity matter or carrier, being an adverse effect that is a result of, or related to –

(a) the introduction, presence, spread or increase of an animal disease or plant disease into or within Tasmania or any part of Tasmania; or

(b) the introduction, presence, spread or increase of a pest into or within Tasmania or any part of Tasmania; or

(c) an animal or plant, or the product of any animal or plant, that is contaminated; or

(d) any thing, or circumstances, prescribed to have biosecurity impact.

(2)  For the purposes of subsection (1)(c) , 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 –

(a) unfit or unsuitable for use in any commercial or other activity in which it would normally be used; or

(b) a risk to human health, human safety or the environment; or

(c) unfit for export or other trade for which it would normally be used.

12 Meaning of biosecurity matter

In this Act, biosecurity matter includes the following:

(a) an animal, plant, and other organism, other than a human;

(b) a part of an animal, plant or other organism, other than a human;

(c) an animal product and plant product;

(d) an animal disease and plant disease;

(e) a prion;

(f) a contaminant;

(g) a disease that may cause either or both of the following:

(i) disease in an animal, plant or other organism (other than a human);

(ii) disease in a human through transmission to the human from an animal, plant or other organism (other than a human);

(h) any prescribed thing.

13 Meaning of carrier

(1)  In 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.

(2)  For the avoidance of doubt, a carrier within the meaning of subsection (1) may include any object, or thing, carried or worn by a human.

14 Meaning of dealing

(1)  In 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 –

(a) keeps or manages the biosecurity matter or carrier; or

(b) has possession, care or control of the biosecurity matter or carrier; or

(c) supplies, produces or manufactures the biosecurity matter or carrier; or

(d) imports the biosecurity matter or carrier; or

(e) accepts supply of, or otherwise acquires, the biosecurity matter or carrier; or

(f) disposes of, or destroys, the biosecurity matter or carrier; or

(g) marks, 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

(h) moves or conveys the biosecurity matter or carrier; or

(i) releases the biosecurity matter or carrier into the environment, or from captivity or confinement; or

(j) uses, or treats, the biosecurity matter or carrier; or

(k) breeds, propagates, grows, raises, feeds, clones or cultures the biosecurity matter or carrier; or

(l) experiments with the biosecurity matter or carrier; or

(m) displays the biosecurity matter or carrier; or

(n) enters into an agreement or arrangement to deal with the biosecurity matter or carrier; or

(o) causes, permits or arranges for a dealing with the biosecurity matter, or carrier, to occur; or

(p) does any other prescribed thing in respect of the biosecurity matter or carrier.

(2)  For 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 had possession, care, custody or control of the biosecurity matter or carrier for the entire time when the biosecurity matter or carrier was on the premises.

(3)  For 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.

15 Meaning of emergency

(1)  In this Act, an emergency includes –

(a) an event in respect of which an emergency order has been made; and

(b) the occurrence, suspected occurrence or imminent occurrence of a biosecurity emergency.

(2)  In this Act, an act or function is performed by a person in an emergency if the person, at the time of performing the act or function, reasonably believes or suspects that –

(a) the performance of the act or function is necessary under an emergency order; or

(b) a biosecurity emergency is occurring, has occurred or is imminent and the performance of the act or function is necessary to assess, prevent, control or manage the biosecurity emergency.

16 Meaning of pest and invasive pest

(1)  In this Act, a non-indigenous animal, or non-indigenous plant, is a pest if it has an adverse effect on or is suspected of having an adverse effect on the environment, the community or the economy by –

(a) competing with other organisms for resources including food, water, nutrients, habitat and sunlight; or

(b) destroying or damaging the habitat of other organisms; or

(c) preying or feeding on other organisms; or

(d) transmitting disease to other organisms; or

(e) causing harm to other organisms through toxicity or disturbance; or

(f) reducing the productivity of any primary industry, or the value of any primary produce or commodity; or

(g) damaging infrastructure; or

(h) reducing the amenity or aesthetic value of premises; or

(i) harming or reducing biodiversity; or

(j) doing any other prescribed thing or having any other prescribed effect.

(2)  In addition to subsection (1) , a pest includes any thing, whether indigenous or non-indigenous, prescribed to be a pest for the purposes of this Act.

(3)  For the purposes of this Act, a pest is an invasive pest in relation to Tasmania, or a specified part of Tasmania, if –

(a) before the discovery of the pest, the pest is not known to have been introduced to Tasmania or that part of Tasmania; or

(b) the pest is not otherwise known to be established in Tasmania or that part of Tasmania; or

(c) the pest is prescribed as an invasive pest.

17 Meaning of regulated dealing and prohibited dealing

(1)  In this Act, a reference to a regulated dealing is a reference to a dealing that is prescribed to be a regulated dealing.

(2)  In this Act, a reference to a prohibited dealing is a reference to a dealing that is prescribed to be a prohibited dealing.

18 Meaning of suitable person

For 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 the person is, or is no longer, a suitable person:

(a) if the person has been found guilty of an offence under this Act;

(b) if the person has been found guilty of an offence under any other Act or law that –

(i) is relevant to the application, or decision, being made; or

(ii) is an offence punishable by imprisonment for a term longer than 6 months;

(c) if the person has failed to comply with a requirement of this Act, or a requirement or condition of an authorisation issued or granted under this Act;

(d) if there has been an unfavourable accreditation audit or biosecurity audit in respect of the person;

(e) any prescribed matter;

(f) any other matter that the person considering the application, or making the decision, considers relevant to the application or decision.

Division 2 Classification of matter

19 Permitted matter

(1)  The Minister may, by notice published in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be permitted matter if the Minister is satisfied on reasonable grounds that –

(a) the biosecurity matter, or class of biosecurity matter, does not pose a biosecurity risk to Tasmania or a part of Tasmania; or

(b) any biosecurity risk posed by the biosecurity matter, or class of biosecurity matter, is not significant and is able to be effectively controlled.

(2)  A declaration under this section may be made subject to such conditions, requirements or restrictions in respect of biosecurity matter, or class of biosecurity matter, as the Minister considers reasonable in the circumstances.

20 Prohibited matter

(1)  The Minister may, by notice published in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be prohibited matter if the Minister is satisfied on reasonable grounds that –

(a) the biosecurity matter, or class of biosecurity matter, poses a significant biosecurity risk to Tasmania or a part of Tasmania; and

(b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter or class of biosecurity matter.

(2)  The Minister may, by notice published in the Gazette, declare any carrier, or class of carriers, to be prohibited matter if the Minister is satisfied on reasonable grounds that –

(a) the carrier, or class of carriers, poses a significant biosecurity risk to Tasmania or a part of Tasmania; and

(b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the carrier or class of carriers.

(3)  A declaration under this section may make provision for transitional arrangements –

(a) for the lawful disposal, treatment or destruction of any biosecurity matter, or carrier, that becomes prohibited matter as a result of the declaration; and

(b) that specify certain provisions of this Act as not applying in respect of such disposal, treatment or destruction of the biosecurity matter or carrier.

21 Restricted matter

(1)  Biosecurity matter or a carrier, or a class of biosecurity matter or carriers, is restricted matter if –

(a) it is an animal or plant, or an animal or plant product, that is not permitted matter or prohibited matter; or

(b) it is an animal disease or plant disease that is not permitted matter or prohibited matter; or

(c) it is declared by the Minister under subsection (2) to be restricted matter.

(2)  The Minister may, by notice published in the Gazette, declare biosecurity matter or a carrier, or a class of biosecurity matter or carriers, to be restricted matter if the Minister is satisfied on reasonable grounds that –

(a) the biosecurity matter or carrier, or class of biosecurity matter or carriers, poses a biosecurity risk to Tasmania or a part of Tasmania; and

(b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter or carrier, or class of biosecurity matter or carriers.

22 Form of declaration of matter

(1)  A declaration under this Division takes effect –

(a) on the day on which notice of the declaration is published in the Gazette; or

(b) such later date as is specified in the notice so published.

(2)  A declaration under this Division ceases to have effect –

(a) on the date specified in the notice so published; or

(b) on the expiry of the period specified in the notice so published; or

(c) if no such date or period is specified in the notice, on the revocation of the notice.

23 Minister to consult on declaration

Before making a declaration under this Division, the Minister is to consult with the Chief Veterinary Officer and the Chief Plant Protection Officer in respect of the proposed declaration.

Division 3 Reasonable suspicion

24 Reasonable suspicion – carriers

(1)  For 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 –

(a) biosecurity matter is present in or on the animal, plant or other thing; or

(b) the 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

(c) there 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.

(2)  For 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 –

(a) biosecurity matter is present in or on the place; or

(b) there 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.

(3)  It 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 it is a carrier.

(4)  Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is a carrier of biosecurity matter.

25 Reasonable suspicion of infection

(1)  For 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 –

(a) a disease agent is present in or on the animal, plant or other thing; or

(b) the 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 was, or is, an animal, plant or other thing infected with the disease.

(2)  For 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.

(3)  It 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.

(4)  Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infected with a disease.

26 Reasonable suspicion of infestation

(1)  For 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 –

(a) that the pest is present in or on the animal, plant, place or other thing; or

(b) that there 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.

(2)  It 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.

(3)  Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infested with a pest.

Part 3 Officers

27 Chief Plant Protection Officer

(1)  The Secretary may appoint, by written instrument, a person employed in the Department to be Chief Plant Protection Officer if satisfied that the person holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline.

(2)  The person may hold the office of Chief Plant Protection Officer in conjunction with State Service employment.

28 Deputy Chief Plant Protection Officer

(1)  The Secretary may appoint, by written instrument, one or more persons employed in the Department to be Deputy Chief Plant Protection Officer if satisfied that the person holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline.

(2)  A person may hold the office of Deputy Chief Plant Protection Officer in conjunction with State Service employment.

(3)  A Deputy Chief Plant Protection Officer may perform the functions of the Chief Plant Protection Officer, including any functions that have been delegated to the Chief Plant Protection Officer by the Secretary or Minister, on such terms and in such circumstances as may be specified in the instrument of appointment of the Deputy Chief Plant Protection Officer.

(4)  For the avoidance of doubt, a reference in this Act to the Chief Plant Protection Officer in relation to a function includes a reference to a Deputy Chief Plant Protection Officer if the Deputy Chief Plant Protection Officer is authorised to perform the function.

29 Chief Veterinary Officer

(1)  The Secretary may appoint, by written instrument, a veterinary surgeon employed in the Department to be Chief Veterinary Officer.

(2)  The person may hold the office of Chief Veterinary Officer in conjunction with State Service employment.

30 Deputy Chief Veterinary Officer

(1)  The Secretary may appoint, by written instrument, one or more veterinary surgeons employed in the Department to be Deputy Chief Veterinary Officer.

(2)  A person may hold the office of Deputy Chief Veterinary Officer in conjunction with State Service employment.

(3)  A Deputy Chief Veterinary Officer may perform the functions of the Chief Veterinary Officer, including any functions that have been delegated to the Chief Veterinary Officer by the Secretary or Minister, on such terms and in such circumstances as may be specified in the instrument of appointment of the Deputy Chief Veterinary Officer.

(4)  For the avoidance of doubt, a reference in this Act to the Chief Veterinary Officer in relation to a function includes a reference to a Deputy Chief Veterinary Officer if the Deputy Chief Veterinary Officer is authorised to perform the function.

31 Authorised officers

(1)  The Secretary may appoint one or more of the following persons to be an authorised officer:

(a) a State Service officer or State Service employee;

(b) an employee of a council;

(c) an employee of the Commonwealth or of another State;

(d) an employee of an entity prescribed for the purposes of this section;

(e) a person who has entered into a contract, or who is employed by an organisation that has entered into a contract, with the Crown to perform a function under this Act.

(2)  A State Service officer, State Service employee, employee of a council, employee of the Commonwealth or of another State, or an employee of an organisation referred to in subsection (1)(d) or (e) , may hold the office of authorised officer in conjunction with that employment.

(3)  The Secretary may only appoint a person as an authorised officer under subsection (1) if the Secretary is satisfied that the person –

(a) is a suitable person to be appointed as an authorised officer; and

(b) holds the qualifications, skills, knowledge and experience to perform the functions of an authorised officer; and

(c) holds any qualifications, skills, knowledge and experience that are prescribed for the purposes of this section.

(4)  The Minister may enter into an agreement with the relevant Minister of the Commonwealth, or another State, in relation to the performance of the functions of an authorised officer by an employee of the Commonwealth, or the other State, appointed under subsection (1) .

(5)  An appointment under subsection (1) may be –

(a) on such terms and conditions as are specified in the instrument of appointment; and

(b) for such period specified in the instrument of appointment or, if no time is so specified, until such time as the appointment is revoked.

(6)  The Secretary may, at any time –

(a) revoke an appointment of an authorised officer; or

(b) impose, vary or revoke a term or condition specified in an instrument of appointment for an authorised officer.

(7)  If the Secretary takes an action under subsection (6) in respect of an employee of the Commonwealth or of another State appointed as an authorised officer under subsection (1) , the Secretary is to notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken.

(8)  If a person appointed as an authorised officer under subsection (1) ceases to hold the office or position of employment that made him or her eligible to be appointed as an authorised officer, he or she ceases to be an authorised officer.

(9)  The Secretary may publish, as he or she thinks fit, details as to what qualifications, skills, knowledge and experience may be required for a person –

(a) to be appointed as an authorised officer under subsection (1) ; and

(b) to be authorised to perform specified functions as an authorised officer.

32 Functions of authorised officer

(1)  Unless otherwise specified in his or her instrument of appointment, an authorised officer is authorised to perform the functions of an authorised officer specified in this Act and, in particular, the functions specified in Part 4 .

(2)  Nothing in this Act authorises or requires an authorised officer to act in contravention of the conditions or limitations of his or her appointment as an authorised officer.

33 Identification of authorised officers

(1)  The Secretary –

(a) is to issue a form of photographic identification to the Chief Veterinary Officer, the Chief Plant Protection Officer and each authorised officer appointed under section 31(1) ; and

(b) may issue a form of photographic identification to each authorised officer who is a police officer.

(2)  Photographic identification issued under subsection (1) is to –

(a) be in a form approved by the Secretary and contain the prescribed particulars, if any; and

(b) contain a recent photograph of the authorised officer.

(3)  An authorised officer who is not a police officer must, if issued with a form of photographic identification under subsection (1)  –

(a) carry the photographic identification while performing functions under this Act; and

(b) if requested to do so, produce the photographic identification before performing functions under this Act.

(4)  A police officer must, if requested to do so, identify himself or herself before performing the functions of an authorised officer under this Act.

(5)  If a person ceases to be an authorised officer, the person must –

(a) return to the Secretary any photographic identification issued to the person under subsection (1) unless otherwise instructed by the Secretary; or

(b) comply with any such instruction by the Secretary.

Penalty:  Fine not exceeding 100 penalty units.

(6)  Photographic identification issued under this section may be combined with any identification issued or granted under this Act or any other Act.

Division 4 Biosecurity auditors

34 Biosecurity auditors

(1)  For the purposes of this Act, an accreditation authority may appoint a person as a biosecurity auditor.

(2)  A biosecurity auditor is authorised under this Act to perform –

(a) biosecurity audits as required under this Act; and

(b) any other functions conferred on a biosecurity auditor by, or under, this Act.

(3)  An appointment by an accreditation authority under subsection (1) may –

(a) specify, in the instrument of appointment, that the biosecurity auditor may only act as a biosecurity auditor in respect of a specified class of biosecurity audits; and

(b) be subject to such conditions or limitations as are specified in the instrument of appointment.

(4)  Schedule 1 applies in respect of –

(a) an application for appointment as a biosecurity auditor; and

(b) an application for renewal of appointment as a biosecurity auditor; and

(c) the suspension or cancellation of appointment as a biosecurity auditor.

(5)  Nothing in this Act authorises or requires a biosecurity auditor to act in contravention of the conditions or limitations of his or her appointment as a biosecurity auditor.

35 Approval of authorised officer to perform functions of biosecurity auditor

(1)  The Secretary may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity auditor.

(2)  An approval under subsection (1)  –

(a) may apply to a specified authorised officer or to any specified class of authorised officers; and

(b) may be subject to such conditions or limitations as are specified in the approval.

(3)  An approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Secretary.

(4)  The Secretary may, by written instrument, revoke or amend an approval under this section at any time.

(5)  The approval of a person as a biosecurity auditor under this section ceases to be in force if the person –

(a) ceases to be an authorised officer; or

(b) ceases to be an authorised officer of a particular class specified in the approval.

(6)  In this Act, a reference to –

(a) a biosecurity auditor appointed under this Act; or

(b) a person appointed as a biosecurity auditor –

includes a reference to a person approved to perform the functions of a biosecurity auditor under this section.

(7)  Nothing in this Act authorises, or requires, a person approved to perform the functions of a biosecurity auditor under this section to act in contravention of the conditions or limitations of that approval.

36 Entry to premises by biosecurity auditor

(1)  A biosecurity auditor who is also an authorised officer may perform his or her functions as a biosecurity auditor on premises entered under his or her functions as an authorised officer.

(2)  A 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 his or her functions as an authorised officer.

(3)  Nothing in this section prevents a biosecurity auditor from –

(a) entering or remaining on any premises, or doing anything else on premises, with the consent of the occupier of the premises; or

(b) entering or remaining in any public place while that place is open to the public.

37 Use of assistants

A 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, subject to any conditions of appointment as a biosecurity auditor.

Division 5 Biosecurity certifiers

38 Biosecurity certifier

(1)  For the purposes of this Act, an accreditation authority may grant accreditation as a biosecurity certifier to a person.

(2)  A biosecurity certifier is authorised to issue biosecurity certificates as required under this Act.

(3)  An accreditation by an accreditation authority under subsection (1) may only authorise the biosecurity certifier to act as a biosecurity certifier in respect of –

(a) a specified class of biosecurity certificates; or

(b) a specified class of biosecurity matter or carriers.

(4)  Schedule 1 applies in respect of –

(a) an application for accreditation as a biosecurity certifier; and

(b) an application for renewal of accreditation as a biosecurity certifier; and

(c) the suspension or cancellation of accreditation as a biosecurity certifier.

(5)  Nothing in this Act authorises or requires a biosecurity certifier to act in contravention of the conditions or limitations of his or her accreditation as a biosecurity certifier.

39 Approval of authorised officer to perform functions of biosecurity certifier

(1)  The Secretary may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity certifier.

(2)  An approval under subsection (1) may –

(a) apply to a specified authorised officer or to any specified class of authorised officers; and

(b) be subject to such conditions or limitations as are specified in the approval.

(3)  An approval under subsection (1) has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Secretary.

(4)  The Secretary may, by written instrument, revoke or amend an approval under this section at any time.

(5)  The approval of a person as a biosecurity certifier under this section ceases to be in force if the person ceases to be an authorised officer or ceases to be an authorised officer of a particular class specified in the approval.

(6)  In this Act, a reference to a biosecurity certifier includes a reference to a person approved to perform the functions of a biosecurity certifier under this section.

(7)  Nothing in this Act authorises, or requires, a person approved to perform the functions of a biosecurity certifier under this section to act in contravention of the conditions or limitations of that approval.

Division 6 Authorised analysts

40 Authorised analysts

(1)  The Secretary may, by written instrument, appoint a person as an authorised analyst for the purposes of this Act, if the Secretary is satisfied that the person holds the appropriate qualifications and experience for the position.

(2)  An appointment under subsection (1) may be subject to such conditions, or limitations, as the Secretary considers reasonable in the circumstances.

(3)  The Secretary may, by written instrument, revoke or amend the appointment of a person as an authorised analyst at any time.

(4)  If an appointment of a person as an authorised analyst is made by reference to a particular office held by the person –

(a) the person ceases to be an authorised analyst if he or she ceases to hold that office; and

(b) any other person who holds that office, while the appointment is in effect, is an authorised analyst for the purposes of this Act while he or she holds that office.

(5)  The Secretary may appoint an authorised officer as an authorised analyst and the authorised officer so appointed may perform the functions of an authorised officer in addition to the functions of an authorised analyst.

Part 4 Functions of Authorised Officers

41 Authorised purpose

(1)  Unless otherwise specified in this Act, an authorised officer may only perform the functions of an authorised officer for one or more of the following purposes:

(a) to assess, prevent, eliminate, minimise, control or manage any biosecurity risk or biosecurity impact, or suspected biosecurity risk or biosecurity impact;

(b) to investigate, monitor and enforce compliance with this Act;

(c) to administer or execute this Act;

(d) to obtain information or records necessary for the administration or enforcement of this Act;

(e) to assist a biosecurity auditor to perform the biosecurity auditor's functions in connection with a biosecurity audit;

(f) if the authorised officer is a biosecurity auditor, to perform a biosecurity audit.

(2)  An authorised officer who is also a biosecurity auditor may perform the functions of an authorised officer while he or she is also performing the functions of a biosecurity auditor.

42 Use of assistants

(1)  An 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.

(2)  A person assisting an authorised officer in accordance with subsection (1) may –

(a) accompany the authorised officer onto any premises that the authorised officer is lawfully allowed to enter under this Act; and

(b) take all reasonable steps to assist the authorised officer in the performance of the authorised officer's functions under this Act.

43 Use of dogs

(1)  An authorised officer may be authorised, in his or her instrument of appointment, to use a dog to assist the authorised officer to detect the presence of, or manage, biosecurity matter in accordance with this Act.

(2)  An authorised officer authorised to use a dog to assist the authorised officer may, in the performance of his or her functions as an authorised officer, bring the dog onto any premises that the authorised officer is lawfully allowed to enter under this Act.

(3)  Despite subsection (1) , an authorised officer may only use a dog to assist the authorised officer if –

(a) the authorised officer considers the use of the dog necessary in the circumstances; and

(b) while the dog is assisting the authorised officer –

(i) the dog is under the effective control, within the meaning of the Dog Control Act 2000 , of the authorised officer; and

(ii) the authorised officer takes all reasonable steps to ensure that the dog does not unnecessarily interact with any person other than the authorised officer.

44 Performance of functions in emergency

The fact that this Part only authorises an authorised officer to perform specified functions in an emergency does not prevent the authorised officer from performing any other function under this Act in that emergency.

45 Extraterritorial performance of functions

(1)  The Minister may enter into an agreement with a Minister of another State or the Commonwealth providing for either or both of the following:

(a) the performance of functions under this Act in another State or the Commonwealth by authorised officers or interstate biosecurity officers;

(b) the performance of functions under a corresponding law in Tasmania by authorised officers or interstate biosecurity officers.

(2)  The Secretary may enter into an agreement with the head of an interstate biosecurity agency providing for either or both of the following:

(a) the performance of functions under this Act in another State by authorised officers or interstate biosecurity officers;

(b) the performance of functions under a corresponding law in Tasmania by authorised officers or interstate biosecurity officers.

(3)  An authorised officer or an interstate biosecurity officer may, in accordance with an agreement under this section –

(a) perform functions under this Act in another State as authorised under that agreement; and

(b) perform functions under a corresponding law in Tasmania as authorised under that agreement to the extent required in respect of a biosecurity impact, or potential biosecurity impact, in another State.

46 Application of Division

A function under this Division may be performed under this Act separately from, or in connection with, any other function being performed under this Act.

47 Information to be provided

(1)  In this section –

information includes documents, records, recordings, registers, data and electronic communications.

(2)  An authorised officer may, by written notice, require a person to provide the authorised officer with such information as is specified in the notice.

(3)  A notice under subsection (2) is to specify –

(a) the information that is to be provided; and

(b) if the information is in more than one format, in which of those formats the information is to be provided; and

(c) the time and place at which the information is to be provided.

(4)  A person provided with a notice under subsection (2) must comply with the notice.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

(5)  It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that he or she –

(a) does not have possession or control of the information specified in the notice; and

(b) informed the authorised officer of that fact before the information was required to be provided under the notice.

(6)  An authorised officer may –

(a) make copies of all or any part of information provided under this section as necessary; and

(b) retain information provided under this section for such time as is reasonably necessary.

48 Authorised officer may require answer

(1)  An authorised officer may require a person to answer questions in relation to a matter under this Act if the authorised officer reasonably believes that the person may have knowledge in respect of that matter.

(2)  An 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 in relation to a matter of which the authorised officer reasonably believes that the person may have knowledge.

(3)  If 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.

(4)  A person who is the subject of a requirement made under this section must comply with that requirement.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

49 Questions may be recorded

(1)  An authorised officer may cause any information given orally under this Act to be recorded if the authorised officer has informed the person giving the information, before the information is given, that it is to be recorded.

(2)  A recording under this section may be made by any method that the authorised officer considers reasonable in the circumstances.

(3)  If a recording is made under this section, the authorised officer who made the recording is to provide a copy of the recording to the person who provided the information as soon as practicable after making the recording.

(4)  Nothing in any other Act prevents a recording from being made under this section.

50 Powers of authorised officers to enter premises

(1)  If an authorised officer reasonably believes that entry into premises is necessary for an authorised purpose, the authorised officer may enter the premises –

(a) in an emergency, at any time; and

(b) in any other case, at any reasonable time.

(2)  A function conferred by this Act that authorises entry into premises authorises entry –

(a) on foot, by vehicle, vessel or aircraft, or by any other reasonable means; and

(b) by drone or other pilotless vehicle or equipment under remote control.

(3)  Entry into any premises authorised under this Act may be effected –

(a) only with the use of reasonable force; and

(b) subject to subsection (4), with or without the authority of a warrant.

(4)  Despite subsection (3) , nothing in this section authorises entry into any part of residential premises, other than –

(a) with the consent of the occupier of the residential premises; or

(b) under the authority of a warrant; or

(c) in an emergency, if the Secretary has given notice to the occupier of the residential premises under section 174(4) , section 188(5) or section 197(4) before the authorised officer is to enter the residential premises.

(5)  For the purposes of subsection (4)(a) , an occupier of residential premises is taken to have consented to an authorised officer entering the residential premises in an emergency if –

(a) at least 48 hours before the authorised officer intends to enter the residential premises, the authorised officer has given written notice of that intention to the occupier; and

(b) the occupier does not respond to the authorised officer, in respect of that written notice, before the authorised officer intends to enter the residential premises as notified.

51 Warrants

(1)  On the application of an authorised officer, a magistrate or justice may issue a warrant if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for an authorised officer to enter premises for an authorised purpose.

(2)  A warrant is to –

(a) be in a form approved by the Commissioner of Police; and

(b) specify –

(i) the premises in respect of which it is made; and

(ii) the authorised officer, or class of authorised officers, that may execute the warrant.

(3)  An authorised officer and any person assisting that officer may, in executing a warrant issued under this section –

(a) enter and remain in the premises, using such force as is necessary in the circumstances; and

(b) perform his or her functions in or in relation to the premises.

(4)  A warrant has effect for a period of 30 days after the day on which it is granted.

(5)  A warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.

52 Authorised officers may require name and address

(1)  An authorised officer may require a person –

(a) to state the person’s full name and address; or

(b) to provide written evidence of the person's full name and address.

(2)  A person who is the subject of a requirement under this section –

(a) must comply with the requirement; and

(b) must not give a false name or address when complying with the requirement.

Penalty:  Fine not exceeding 100 penalty units.

53 General functions of authorised officers

(1)  An authorised officer may, in any place or premises lawfully entered, do anything that the authorised officer reasonably believes is necessary to be done for an authorised purpose.

(2)  Without limiting subsection (1) , an authorised officer may do one or more of the following in a place or premises lawfully entered:

(a) examine and inspect any thing;

(b) take and remove samples of any thing;

(c) make any examinations, inquiries or tests that the authorised officer considers necessary;

(d) carry out any treatment in relation to any biosecurity matter, carrier, potential carrier, premises, vehicle or other thing;

(e) isolate, confine or detain any biosecurity matter or other thing;

(f) erect or repair fencing, gates or any other method of enclosure, or perform any other security or containment measures in relation to any premises, biosecurity matter or other thing;

(g) erect signs;

(h) move or muster any biosecurity matter or other thing;

(i) stop, detain, move, search, examine or inspect a vehicle or direct a person in control, or charge, of a vehicle to stop or move the vehicle;

(j) require persons entering or leaving specified premises, or an area, in a vehicle to –

(i) stop the vehicle; and

(ii) allow the vehicle to be inspected; and

(iii) allow treatment to be carried out in relation to the vehicle;

(k) install or use any device, trap, bait or equipment for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing;

(l) install any device, trap, bait or equipment for the purpose of capturing or killing, or otherwise controlling, any biosecurity matter or other thing;

(m) take any photographs, video or other recordings that the authorised officer considers necessary;

(n) require records to be produced for inspection;

(o) examine and inspect any records or documents;

(p) seize, copy and take extracts of any relevant records or documents;

(q) seize any biosecurity matter or other thing if the authorised officer reasonably believes that seizure of the biosecurity matter or other thing is necessary to assess, prevent, eliminate, minimise, control or manage a biosecurity risk posed by or in relation to the biosecurity matter or other thing;

(r) seize any thing that the authorised officer reasonably suspects is connected with an offence under this Act;

(s) move 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;

(t) direct the occupier of the premises where a thing is seized to retain it at those premises or at another place under the control of the occupier;

(u) mark, brand, tag, or affix any device to, biosecurity matter or a carrier for identification or tracing purposes;

(v) destroy, dispose of or eradicate any thing, in accordance with this Act;

(w) do anything else authorised, or prescribed, by or under this Act.

(3)  The power of an authorised officer to examine and inspect any thing includes a power to use reasonable force to break open or otherwise access a container, vehicle or other thing being used, or suspected of being used, to hold or contain any thing.

(4)  The power of an authorised officer to seize any thing that an authorised officer reasonably suspects is connected with an offence includes a power to seize –

(a) a thing in respect of which the offence may have been, or has been, committed; or

(b) a thing that will afford evidence of the commission of the offence; or

(c) a thing that may have been used, or was used, for the purpose of committing the offence.

(5)  The power of an authorised officer to do a thing under this Act includes a power to arrange for, direct or cause that thing to be done.

(6)  The power of an authorised officer to do something under this Act in relation to a thing may be exercised without the consent of the owner of the thing.

54 Requiring assistance

(1)  An authorised officer may require the owner or occupier of premises, or any person in or on premises (other than a public place), to provide any reasonable assistance and facilities that the authorised officer specifies for the purposes of performing the authorised officer’s functions under this Division in relation to those premises.

(2)  The 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.

(3)  Without limiting subsection (1) , an authorised officer may require a person under that subsection –

(a) to provide such reasonable assistance and facilities as are specified in the notice within a specified time and in a specified manner; or

(b) to confine, move or muster any animal under the care, custody or control of the person; or

(c) to provide any facilities, including yards and crushes, that the authorised officer requires to inspect, examine, provide treatment or take samples from any biosecurity matter, carrier, potential carrier or other thing; or

(d) provided it is reasonably safe and practicable in the circumstances to do so, to restrain an animal.

55 Recovery of fee for action taken

(1)  The Secretary may charge a person (the liable person) a fee for any action taken by an authorised officer under a function conferred by this Division if, in the opinion of the Secretary, it is reasonable to do so having regard to the following:

(a) any biosecurity duty or obligation of the liable person under this Act;

(b) any contravention or likely contravention by the liable person of this Act;

(c) any other matter the Secretary considers relevant in the circumstances.

(2)  A fee charged under subsection (1) is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action taken.

(3)  For the purposes of subsection (2) , costs and expenses incurred include costs and expenses incurred by or on behalf of the Crown or, in the case of an authorised officer who is not a State Service officer, the employer of the authorised officer.

(4)  A fee charged under subsection (1) is a recoverable amount that is recoverable from the liable person.

56 Interpretation

(1)  In this Division –

owner, in relation to a thing, includes any person entitled to possession of the thing.

(2)  For the purposes of this Division, the continued retention of a seized thing in custody is no longer justified if –

(a) it is not, or is no longer, necessary to retain the thing to assess, prevent, eliminate, minimise, control or manage a biosecurity risk posed by or in relation to the thing; and

(b) it is not, or is no longer, necessary to retain the thing as evidence of an offence.

57 Receipt for seized things

(1)  As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a written receipt for it to a responsible person for the seized thing.

(2)  Despite subsection (1) , the authorised officer may leave the receipt at the place of seizure, in a conspicuous position and in a reasonably secure way, if it is not reasonably practicable to comply with that subsection.

(3)  A receipt is not required under subsection (1) if –

(a) the thing is seized in a public place; and

(b) the apparent owner of the thing cannot be located after reasonable inquiry.

(4)  A receipt must describe the seized thing and its condition.

(5)  This section does not apply if it is reasonably impracticable, or would be unreasonable, to give a receipt, given the nature, condition or value of a seized thing.

58 Return of seized things

(1)  An authorised officer must return a seized thing to its owner, as soon as is reasonably practicable, once the authorised officer is satisfied that –

(a) it is lawful for the owner to have possession of the thing; and

(b) the continued retention of the thing in custody is not justified.

(2)  A requirement to return a seized thing to its owner includes a requirement to remove or lift any restrictions on an owner’s access to a seized thing.

(3)  This section does not apply if an authorised officer certifies in writing, in accordance with section 59 , that the authorised officer is unable to return the seized thing to its owner.

59 Certification of inability to return seized thing

(1)  An authorised officer may certify in writing that the authorised officer is unable to return a seized thing to its owner if –

(a) the authorised officer cannot find the owner of the thing after making such inquiries as are reasonable in the circumstances; or

(b) the authorised officer cannot, for any other reason, return the thing to its owner after making such efforts to do so as are reasonable in the circumstances.

(2)  For the purposes of subsection (1) , regard is to be had to a seized thing's nature, condition and value in deciding –

(a) whether it is reasonable to make inquiries or efforts in the circumstances; and

(b) what inquiries or efforts (if any) are reasonable in the circumstances.

(3)  The Secretary may give directions as to the inquiries or efforts that are to be made by authorised officers in relation to the return of any seized thing or class of seized things.

(4)  Compliance with any such directions is evidence that all reasonable inquiries or efforts were made.

60 Court order requiring delivery of seized thing

(1)  A court of competent jurisdiction may, on application by any person, make an order directing that a seized thing be delivered to the person.

(2)  An application may not be made under subsection (1) in respect of –

(a) a thing that has been seized by an authorised officer in an emergency unless the Secretary has given notice, under section 61(4) , of the Secretary’s intention to declare the seized thing to be forfeited to the Crown; or

(b) a seized thing that has been forfeited to the Crown under this Part.

(3)  A court of competent jurisdiction may make an order under subsection (1) if satisfied that –

(a) the person –

(i) is the owner of the seized thing; or

(ii) is otherwise lawfully entitled to possession of the seized thing; and

(b) it is lawful for the person to have possession of the thing; and

(c) the continued retention of the seized thing in custody is not justified.

(4)  In deciding an application under this section, the court may do one or more of the following:

(a) make a finding or order as to the ownership of the seized thing;

(b) make a finding or order as to liability for, and payment of, costs and expenses incurred in keeping the seized thing;

(c) make any necessary incidental or ancillary findings or orders that the court thinks appropriate in the circumstances.

(5)  A court may make an order under this section in respect of a seized thing even if the estimated value of the seized thing exceeds the monetary jurisdiction of the court.

61 Forfeiture of seized thing

(1)  The Secretary may, by order, declare any seized thing to be forfeited to the Crown.

(2)  The Secretary may only make an order under subsection (1) if –

(a) the Secretary is satisfied that the continued retention of the seized thing in custody is not justified; and

(b) the seized thing cannot be returned to its owner.

(3)  For the purposes of subsection (2)(b) , a seized thing cannot be returned to its owner if –

(a) the Secretary is satisfied that it is not lawful for the owner of the seized thing to have possession of the thing; or

(b) an authorised officer certifies in writing, in accordance with section 59 , that the authorised officer is unable to return the seized thing to its owner after making such efforts to do so as are reasonable in the circumstances.

(4)  Before making an order under subsection (1) in respect of a seized thing, the Secretary must give notice of the Secretary’s intention to make such an order in respect of the seized thing.

(5)  A notice under subsection (4) must be –

(a) given at least 21 days before the order is made; and

(b) published on the Department website; and

(c) served on the responsible person for the seized thing.

(6)  However, it is not necessary to serve the notice on the responsible person for the seized thing if an authorised officer has certified in writing that the authorised officer is unable to return the seized thing to its owner.

62 Dealing with forfeited things

(1)  When an order is made under section 61(1) declaring a seized thing to be forfeited to the Crown, the seized thing is forfeited to the Crown and becomes the property of the Crown.

(2)  The Secretary may deal with the seized thing in any way the Secretary considers appropriate.

(3)  Without limiting subsection (2) , the Secretary may destroy, sell or dispose of the thing or authorise its destruction, sale or disposal.

63 Detention or treatment of persons

(1)  Unless expressly specified, this Act does not authorise an authorised officer to do any of the following:

(a) prohibit, regulate or control the movement of an individual;

(b) examine or inspect an individual;

(c) require an individual to undergo treatment or require treatment to be carried out in relation to an individual.

(2)  This Act does not authorise an authorised officer to require an individual –

(a) to submit to any testing; or

(b) to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.

(3)  Subsection (1)(a) does not prevent an authorised officer from doing any thing in relation to any biosecurity matter, premises, area, activity or other thing that has an impact on the movement of an individual but is not done for the purpose of restricting the movement of an individual.

64 Destruction requirements

(1)  Subject to subsection (2) , an authorised officer may destroy a thing under this Act if –

(a) the thing is, or is reasonably suspected of being, prohibited matter; or

(b) the thing is, or is reasonably suspected of being, an invasive pest; or

(c) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter that poses a biosecurity risk and there is no reasonably practicable and available –

(i) treatment that could eliminate the biosecurity risk posed by the biosecurity matter; or

(ii) means of determining or confirming whether the thing is infected or infested with, or harbouring, the biosecurity matter; or

(d) the destruction is expressly authorised or required by –

(i) an emergency order; or

(ii) a control order; or

(iii) an emergency biosecurity direction; or

(iv) a Government biosecurity program; or

(v) a biosecurity control agreement; or

(vi) the regulations.

(2)  An authorised officer may not destroy a thing, or group of things, under this Part if the aggregate value of the thing, or group of things, is more than $5 000, or such other amount as is prescribed, unless –

(a) the destruction of the thing, or group of things, is specifically authorised under the regulations, a control order or an emergency order, regardless of the value of the thing or group of things; or

(b) his or her instrument of appointment specifically authorises the authorised officer to destroy, if required, things of a greater value; or

(c) the destruction of the thing, or group of things, is specifically authorised in writing by the Secretary, regardless of the value of the thing or group of things.

(3)  This section does not apply to an authorised officer destroying a thing that has been forfeited to the Crown, regardless of the value of the thing.

65 Notification of proposed destruction

(1)  An authorised officer must not destroy any thing in the performance of a function under this Part unless, before taking that action –

(a) the authorised officer gives written notice of the proposed destruction to the owner or person in charge of the thing; or

(b) the 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.

(2)  For the purposes of subsection (1) , notice of the proposed destruction must be given at least 48 hours before the thing is destroyed.

(3)  A requirement to give notice of the proposed destruction of a thing under subsection (1) does not apply to the destruction of a thing if –

(a) the destruction of the thing is authorised, or required, to be performed immediately or without notice under –

(i) an emergency order; or

(ii) a control order; or

(iii) the regulations; or

(b) there appears to be no-one immediately in control of it, and the owner or person in charge cannot, after reasonable efforts, be determined or located; or

(c) the authorised officer reasonably believes that the function must be performed without delay in order to assess, prevent, eliminate, minimise, control or manage an immediate and significant biosecurity risk posed by the thing and it is not practicable to give notice before the thing is destroyed; or

(d) in the case of an animal, the authorised officer reasonably believes that delaying the destruction of the animal will cause unreasonable and unjustifiable pain or suffering to the animal.

(4)  This section does not apply to the destruction of a thing that has been forfeited to the Crown, regardless of the value of the thing.

66 Interaction of functions with restrictions imposed by other Acts

(1)  An authorised officer other than the Chief Plant Protection Officer or Chief Veterinary Officer must not, under this Act –

(a) destroy or direct the destruction of any protected plant within the meaning of the  Nature Conservation Act 2002 ; or

(b) destroy or direct the destruction of any organism that is a threatened species within the meaning of the  Threatened Species Protection Act 1995 ; or

(c) destroy or direct the destruction of any relic within the meaning of the Aboriginal Heritage Act 1975 .

(2)  Subsection (1) does not apply to the destruction of a thing if that action is prescribed or expressly authorised, or required, by an emergency order or a control order.

Division 7 General

67 Interference with signs, device, trap, equipment, &c.

A person must not, without reasonable excuse, move, damage or otherwise interfere with any device, trap, bait, sign or equipment placed on premises by, or under the direction of, an authorised officer for an authorised purpose.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

68 Self-incrimination

(1)  A person is not excused from a requirement made by an authorised officer to furnish records or information, or to answer a question, on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty under this Act or any other Act.

(2)  However, information furnished (other than a record) or answer given by an individual in compliance with a requirement under this Part is not admissible in evidence against that person in criminal proceedings, or other proceedings for the imposition of a penalty, other than proceedings for an offence under this Act relating to –

(a) providing false or misleading information or failing to furnish material information; or

(b) resisting or obstructing an authorised officer; or

(c) assaulting, abusing or threatening an authorised officer under this Act.

(3)  Any record furnished by a person in compliance with a requirement under this Part is not inadmissible in evidence against the person in criminal proceedings, or other proceedings for the imposition of a penalty, on the ground that the record had to be furnished or might incriminate the person.

(4)  Any information or evidence obtained as a result of a record or information furnished, or an answer given, in compliance with a requirement under this Part is not inadmissible on the ground –

(a) that the record or information had to be furnished or the answer had to be given; or

(b) that the record or information furnished or answer given might incriminate the person.

69 Care to be taken by authorised officers

In the performance of a function to enter or search premises under this Part, or to do anything else on premises under this Act, an authorised officer is to do as little damage as is reasonably possible in the circumstances.

Part 5 Biosecurity Duties and Dealings

70 General biosecurity duty

(1)  A person has a duty (the general biosecurity duty) to take all reasonable and practicable measures to prevent, eliminate or minimise, 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.

(2)  Unless 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.

71 Failure to comply with general biosecurity duty

(1)  A 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.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 10 000 penalty units; or

(b) an individual, a fine not exceeding 2 500 penalty units or a term of imprisonment not exceeding 48 months.

(2)  A person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 3 750 penalty units; or

(b) an individual, a fine not exceeding 750 penalty units or a term of imprisonment not exceeding 24 months, or both.

(3)  An offence under this section is an indictable offence.

(4)  Notwithstanding that an offence under this section is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if –

(a) the court is satisfied that it is proper to do so; and

(b) the defendant and prosecutor in respect of the offence both consent to the offence being so heard and determined.

(5)  If, in proceedings for an offence under 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 under subsection (2) , the court may find the person guilty of an offence under subsection (2) .

72 Specified biosecurity requirements

(1)  For the purposes of this Act, a specified biosecurity requirement includes any measure, prescription, rule, duty and other requirement imposed by, or under, this Act or any other Act that requires a person or class of persons to do one or more of the following for the purpose, whether express or implied, of preventing, eliminating or minimising a biosecurity risk or potential biosecurity risk:

(a) to take a specified action or do a specified thing;

(b) to refrain from engaging in a specified action or from doing a specified thing;

(c) to adopt, comply with or implement any standard, rule, code, guideline, program or other specification;

(d) to comply with any undertaking, condition, order, determination, direction, permit, notice or other instrument made or issued under this Act or any other Act.

(2)  For the purposes of this Act –

(a) the general biosecurity duty is not a specified biosecurity requirement; and

(b) a specified biosecurity requirement is part of the general biosecurity duty.

(3)  If –

(a) a person fails to comply with an applicable specified biosecurity requirement in respect of a dealing, biosecurity matter or carrier; and

(b) that failure is an offence under both section 71 and another provision of this Act or any other Act –

the 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.

(4)  For the avoidance of doubt, compliance with each applicable specified biosecurity requirement in respect of a dealing, biosecurity matter or carrier may not, of itself, discharge the general biosecurity duty in respect of that dealing, biosecurity matter or carrier.

73 Notification of biosecurity event

(1)  Each of the following persons must notify an authorised officer of the occurrence of, or likely occurrence of, a biosecurity event as soon as practicable after the person becomes aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event:

(a) the 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 about to occur;

(b) a 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;

(c) a 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;

(d) a prescribed person, or prescribed class of persons, in prescribed circumstances.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 3 750 penalty units; or

(b) an individual, a fine not exceeding 750 penalty units or a term of imprisonment not exceeding 24 months, or both.

(2)  A notification under subsection (1) must be in accordance with this Act.

(3)  The regulations may prescribe the following:

(a) the form, content and manner of a notification to be made in respect of a biosecurity event;

(b) the procedure for requesting or providing further information in respect of a biosecurity event;

(c) other matters or procedures in relation to a biosecurity event generally or a class of biosecurity events.

(4)  In 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 of, 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.

(5)  It is a defence to proceedings for an offence under this section if the defendant establishes that he or she did not notify an authorised officer in respect of a biosecurity event, as required under this section, because the defendant had reasonable grounds to believe that the biosecurity event was widely and publicly known at the time the defendant allegedly committed the offence.

(6)  Notification of a biosecurity event given by a person under this section is not admissible in evidence against that person in any criminal proceedings, or other proceedings for the imposition of a penalty, other than proceedings for –

(a) an offence under this section; or

(b) an offence under this Act that involves furnishing false or misleading information or failing to furnish material information; or

(c) an offence relating to resisting or obstructing an authorised officer under this Act; or

(d) an offence relating to assaulting, abusing or threatening an authorised officer under this Act.

74 Dealing with prohibited matter

A person must not deal with prohibited matter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

75 Dealing with restricted matter

A person must not import restricted matter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

76 Prohibited dealings

A person must not engage in a prohibited dealing.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

77 Regulated dealing

A person must not engage in a regulated dealing unless –

(a) the person is a registered entity; and

(b) the person's biosecurity registration authorises the person to engage in the regulated dealing; and

(c) the dealing is in accordance with the person's biosecurity registration.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

Part 6 Biosecurity Registration

78 Registration required to engage in regulated dealings

(1)  Biosecurity registration granted by the Secretary to a person under this Part –

(a) authorises the person to engage in the regulated dealing specified in the registration; and

(b) may be granted, or renewed, on the application of the person or on the initiative of the Secretary.

(2)  Biosecurity registration –

(a) only authorises the dealing or dealings specified in the notice by which biosecurity registration is granted or renewed; and

(b) does not authorise a registered entity to do anything that is prohibited under any other Act.

79 Application for biosecurity registration

(1)  A person may apply to the Secretary for biosecurity registration in respect of a regulated dealing.

(2)  An application under subsection (1) is to –

(a) be in a form approved by the Secretary; and

(b) specify each type of regulated dealing that the person intends to engage in under the registration; and

(c) include, or be accompanied by, any information or evidence that the Secretary reasonably requires to determine the application; and

(d) be accompanied by the prescribed fee, if any.

(3)  The Secretary 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.

80 Grant or refusal of biosecurity registration

(1)  After consideration of an application under section 79 , the Secretary may grant biosecurity registration with or without conditions, or refuse to grant biosecurity registration, to the applicant.

(2)  The Secretary may refuse to grant biosecurity registration to an applicant –

(a) if the application for biosecurity registration does not comply with this Act; or

(b) if the Secretary is satisfied that the applicant is not a suitable person to engage in the regulated dealing concerned; or

(c) if it would not be appropriate to grant biosecurity registration to the applicant due to the occurrence of an emergency; or

(d) on any prescribed grounds; or

(e) for any other reason that the Secretary considers to be sufficient reason for refusing the application.

(3)  If the Secretary refuses to grant biosecurity registration under this section, the Secretary is to –

(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the applicant with written confirmation of the decision and the reasons for the decision; and

(c) notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.

(4)  If the Secretary fails to give an applicant notice of a decision to grant or refuse biosecurity registration within the prescribed period, the Secretary is taken to have refused to grant the biosecurity registration.

81 Duration of biosecurity registration

(1)  Biosecurity registration granted or renewed under this Part remains in force for a period, not exceeding 5 years, specified in the notice under this Division by which biosecurity registration is so granted or renewed, unless sooner cancelled.

(2)  Biosecurity registration has no effect during any period during which the biosecurity registration is suspended.

82 Variation of biosecurity registration

(1)  The Secretary may, at any time, by written notice to a registered entity, vary the biosecurity registration of the registered entity.

(2)  A variation of biosecurity registration under subsection (1) may be made –

(a) on the Secretary’s own initiative; or

(b) on the application of the registered entity.

(3)  A variation of biosecurity registration under subsection (1) may include –

(a) the imposition of new conditions on the biosecurity registration; and

(b) the substitution of an existing condition on the biosecurity registration; and

(c) the omission or amendment of an existing condition on the biosecurity registration.

(4)  The regulations may prescribe for the variation of biosecurity registration, including applications for such a variation and fees payable for such applications.

83 Application for renewal of biosecurity registration

(1)  At least 28 days before the expiry of a registered entity's biosecurity registration, the registered entity may apply to the Secretary for renewal of the biosecurity registration in respect of a regulated dealing.

(2)  An application under subsection (1) is to –

(a) be in a form approved by the Secretary; and

(b) specify each type of regulated dealing that the person intends to engage in under the registration; and

(c) include or be accompanied by any information or evidence that the Secretary reasonably requires to determine the application; and

(d) be accompanied by the relevant prescribed fee, if any.

(3)  If an application for renewal of a registered entity's biosecurity registration in respect of a dealing is made under this section and is not determined under section 84 before the expiry of the biosecurity registration, the biosecurity registration is taken to continue in force, unless otherwise suspended or cancelled, until the application is determined.

84 Grant or refusal of renewal application

(1)  The Secretary may, on application under section 83 or on the Secretary’s own initiative, renew a registered entity's biosecurity registration.

(2)  If a registered entity has made an application under section 83 , the Secretary may refuse to renew the registered entity's biosecurity registration –

(a) if an application for renewal of the biosecurity registration does not comply with this Act; or

(b) if the Secretary is satisfied that the registered entity is not a suitable person to engage in the regulated dealing concerned; or

(c) if it would not be appropriate to renew the biosecurity registration due to the occurrence of an emergency; or

(d) on any prescribed grounds; or

(e) for any other reason that the Secretary considers reasonable in the circumstances.

(3)  If a registered entity has made an application under section 83 and the Secretary renews the registered entity's biosecurity registration under this section, the Secretary is to give the registered entity written notice of that decision.

(4)  If a registered entity has made an application under section 83 and the Secretary refuses to renew the registered entity's biosecurity registration under this section, the Secretary is to –

(a) notify the registered entity of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the registered entity with written confirmation of the decision and the reasons for the decision; and

(c) notify the registered entity in writing that he or she may appeal to the Appeal Tribunal against the decision.

(5)  Subject to subsection (6) , if –

(a) a registered entity’s biosecurity registration is taken to continue in force by virtue of section 83(3) until an application to renew the biosecurity registration is determined under this section; and

(b) the Secretary refuses to renew the registered entity’s biosecurity registration –

the registered entity’s biosecurity registration remains in force until the registered entity is notified under subsection (4)(a) of the decision to refuse to renew the biosecurity registration.

(6)  Nothing in subsection (5) prevents a registered entity’s biosecurity registration from being suspended or cancelled in accordance with this Act before the expiry of such registration.

85 Conditions of biosecurity registration

(1)  The Secretary may impose conditions on a registered entity's biosecurity registration –

(a) at the time of the grant, or renewal, of the biosecurity registration; or

(b) at any other time by variation to the biosecurity registration under section 82 .

(2)  In addition to any condition imposed on a registered entity's biosecurity registration under subsection (1) , the biosecurity registration may be subject to prescribed conditions.

(3)  Unless expressly provided for 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 –

(a) prevent other conditions from being imposed on the biosecurity registration; or

(b) limit the types of conditions that may be imposed on the biosecurity registration.

86 Compliance with standards

A 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.

87 Conditions requiring specified works or measures

A condition imposed on a registered entity's biosecurity registration may require the registered entity to carry out specified works, or put in place specified measures, to prevent, eliminate, minimise, control or manage the biosecurity risk of a regulated dealing.

88 Conditions imposing alternative arrangements

(1)  A 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 Secretary.

(2)  For 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 –

(a) the registered entity ceases to be authorised to engage in the regulated dealing; or

(b) the registered entity is unable, for any reason, to continue to engage in the regulated dealing.

89 Conditions for insurance cover

A 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.

90 Conditions requiring biosecurity audits

A condition imposed on a registered entity's biosecurity registration may require the registered entity to co-operate with, or arrange for, mandatory biosecurity audits and may provide for the frequency of biosecurity audits.

91 Conditions requiring financial assurances

(1)  In this section –

secured event, in relation to a registered entity's biosecurity registration, includes the following events:

(a) the registered entity contravening a condition on the biosecurity registration, other than a condition referred to in subsection (2) ;

(b) the registered entity placing any biosecurity matter, that the biosecurity registration authorises the registered entity to deal with, in the care of the Secretary;

(c) the registered entity engaging in conduct that the registered entity is not, or is no longer, authorised to engage in under the biosecurity registration;

(d) the registered entity being unable, for any reason, to continue to engage in the regulated dealing authorised to be engaged in under the biosecurity registration.

(2)  A condition imposed on a registered entity's biosecurity registration may require the registered entity –

(a) to provide a financial assurance to secure, or guarantee, funding for or towards the doing of anything required as a result of a secured event; and

(b) to provide evidence of such financial assurance before the Secretary grants, renews, varies, suspends or cancels the biosecurity registration.

(3)  A condition imposing a financial assurance may specify the assurance to be in one or more of the following forms:

(a) a bank guarantee;

(b) a bond;

(c) a prescribed form;

(d) any other form that is approved by the Secretary.

(4)  A financial assurance –

(a) may be claimed and realised, despite and without affecting –

(i) any 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

(ii) any 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

(b) if 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 the assurance relates.

(5)  Unless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters:

(a) the method of calculating the amount of the financial assurance required;

(b) the 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;

(c) the actions that may be taken following a secured event, including –

(i) the circumstances when those actions may be taken by, or on behalf of, the Secretary; and

(ii) the circumstances when the Secretary, or a person authorised by the Secretary, may enter land to take those actions;

(d) the provision of information in specified circumstances;

(e) the audit of actions that may result in the financial assurance being claimed or realised;

(f) the administration requirements in relation to the financial assurance;

(g) the release of the financial assurance.

92 Conditions to take effect later

(1)  The conditions 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.

(2)  Without limiting the generality of subsection (1) , the conditions may provide that an authorisation or variation will not take effect until a financial assurance is provided in accordance with the condition.

93 Failure to comply with biosecurity registration condition

(1)  A registered entity must not contravene a condition of his or her biosecurity registration.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

(2)  A penalty imposed in respect of an offence under subsection (1) is in addition to any action taken under Division 4 for the contravention of the condition.

94 Grounds for suspension or cancellation of biosecurity registration

Each of the following is grounds for suspending or cancelling a registered entity's biosecurity registration:

(a) the registered entity has contravened this Act or a corresponding law;

(b) the registered entity is not a suitable person to engage in the regulated dealing concerned;

(c) an application relating to the biosecurity registration of the registered entity is false or misleading in a material particular;

(d) the registered entity has failed to pay fees or charges payable by the registered entity under this Act;

(e) it is in the interests of public safety to suspend or cancel the registration;

(f) the Secretary receives information about the registered entity and the Secretary is of the opinion that, had the information been received at the time when the application for biosecurity registration or renewal of biosecurity registration was made in respect of the registered entity, the Secretary would have refused the application;

(g) the suspension or cancellation is necessary in an emergency;

(h) any other prescribed ground.

95 Suspension of biosecurity registration

(1)  The Secretary may, by written notice to a registered entity, suspend the biosecurity registration of the registered entity if the Secretary is satisfied that there are grounds for the suspension of registration.

(2)  A notice under subsection (1) is to specify –

(a) the grounds for the suspension; and

(b) the date or time from which the suspension takes effect; and

(c) the period of the suspension; and

(d) the actions required, if any, for the suspension to be lifted.

(3)  Before suspending the biosecurity registration of a registered entity under subsection (1) , the Secretary must –

(a) give written notice to the registered entity of the Secretary’s intention to suspend registration and the proposed grounds for doing so; and

(b) allow the registered entity at least 14 days to make a submission to the Secretary about the proposed suspension before the suspension is to occur; and

(c) take into account any submission made to the Secretary by the registered entity before the deadline for the making of a submission.

(4)  The Secretary is not required to give notice under subsection (3) of a proposed suspension if the Secretary 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.

(5)  However, if the Secretary suspends a registered entity's biosecurity registration without giving notice to the registered entity under subsection (3) , the Secretary must –

(a) give the registered entity written notice of the grounds for the suspension as soon as practicable after the suspension occurs; and

(b) invite the registered entity to make a submission to the Secretary about the suspension by a specified deadline (being at least 14 days after the notice is given to the registered entity).

(6)  If the registered entity makes a submission to the Secretary about the suspension before the specified deadline, the Secretary must –

(a) decide whether the suspension should be revoked or continued, having regard to that submission; and

(b) give written notice of that decision to the registered entity.

96 Cancellation of biosecurity registration

(1)  The Secretary may, by written notice to a registered entity, cancel the biosecurity registration of the registered entity if the Secretary is satisfied that there are grounds for the cancellation of the biosecurity registration.

(2)  A notice under subsection (1) is to specify –

(a) the grounds for the cancellation; and

(b) the date or time from which the cancellation takes effect.

(3)  Before cancelling the biosecurity registration of a registered entity, the Secretary must –

(a) give written notice to the registered entity of the Secretary’s intention to cancel the biosecurity registration and the proposed grounds for doing so; and

(b) allow the registered entity at least 14 days to make a submission to the Secretary about the proposed cancellation before the cancellation is to occur; and

(c) take into account any submission made to the Secretary by the registered entity before the deadline for the making of a submission.

(4)  The Secretary 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 –

(a) the registered entity was given an opportunity to make a submission about the suspension before the suspension took effect; or

(b) the registered entity was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified by the Secretary for making that submission has ended.

97 Voluntary surrender of biosecurity registration

(1)  A registered entity may surrender his or her biosecurity registration in respect of a regulated dealing.

(2)  The surrender of a registered entity's biosecurity registration under subsection (1) must –

(a) be in a form approved by the Secretary; and

(b) be accompanied by the relevant prescribed fee, if any; and

(c) include or be accompanied by any information or evidence required by the Secretary to determine the consequences that may result from the surrender of the biosecurity registration.

(3)  The surrender of a registered entity's biosecurity registration under this section does not take effect until the Secretary has given the registered entity written notice that the Secretary is satisfied that all biosecurity matter and carriers will be dealt with appropriately by the registered entity.

(4)  On the surrender of a registered entity's biosecurity registration under this section taking effect, the biosecurity registration is cancelled.

(5)  Biosecurity registration surrendered under this section has no value.

98 Effect of suspension, cancellation or surrender on conditions

(1)  A registered entity's biosecurity registration may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the Secretary imposes.

(2)  A condition imposed in respect of a suspension, cancellation or surrender of a registered entity's biosecurity registration –

(a) is to be imposed for the purpose of ensuring –

(i) that all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the biosecurity registration; and

(ii) compliance with this Act and any other relevant Act; and

(b) may include, but is not limited to, any conditions to which the biosecurity registration was subject immediately before it was suspended, cancelled or surrendered.

(3)  The Secretary may, by written notice given to the registered entity or former registered entity, attach new conditions to, or vary or revoke any existing conditions of, the suspension, cancellation or surrender of the biosecurity registration.

(4)  A registered entity or former registered entity must comply with a condition attached to the suspension, cancellation or surrender of the entity's biosecurity registration.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) an individual, a fine not exceeding 500 penalty units.

Part 7 Permits

99 Relevant decision-maker

(1)  For the purposes of this Part, a relevant decision-maker in relation to a permit means –

(a) the Secretary; or

(b) an authorised officer.

(2)  Despite subsection (1) , the following types of permit may only be issued by the Secretary, the Chief Veterinary Officer or the Chief Plant Protection Officer:

(a) an emergency permit;

(b) a prohibited matter permit;

(c) a prohibited dealing permit;

(d) a group permit.

100 Types of permit

(1)  The following types of permit may be granted under this Part:

(a) a permit that –

(i) authorises conduct that, but for the permit, contravenes or may contravene an emergency order, or an emergency biosecurity direction; and

(ii) specifically relates or applies to the emergency relevant to the emergency order or emergency biosecurity direction;

(b) a permit that expressly authorises a specified dealing with prohibited matter;

(c) a permit that expressly authorises a prohibited dealing;

(d) a permit that authorises a dealing that, but for the issue of a permit, would be otherwise unlawful under this Act.

(2)  A permit granted under this Part may be granted to –

(a) an entity specified in the permit; or

(b) a group, or class, of persons specified in the permit.

(3)  In this Part, a requirement to give written notification of the grant, renewal, variation, suspension or cancellation of a group permit is satisfied if the written notification is published on the Department website or in the Gazette, or both.

101 Effect of permit

(1)  Subject to subsection (2) , a person is not guilty of an offence under this Act in respect of conduct if –

(a) the person is a permit holder with a valid permit; and

(b) the permit authorises the conduct; and

(c) the person is acting in accordance with the permit when engaging in the conduct.

(2)  A permit does not authorise conduct in contravention of an emergency order or emergency biosecurity direction unless –

(a) the permit is an emergency permit granted in respect of the relevant emergency; and

(b) the conduct of the person is in accordance with the emergency permit.

(3)  Nothing in this section, or a permit, authorises a permit holder to contravene the provisions of any other Act.

(4)  For the avoidance of 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 in accordance with the permit.

(5)  A permit is of no effect while it is suspended.

102 Duration of permit

A permit remains in force for the period, not exceeding 5 years, specified on the permit unless sooner cancelled.

103 Application for individual permit

(1)  A person may apply to a relevant decision-maker for an individual permit under this Act.

(2)  An application must –

(a) be in the form approved by the relevant decision-maker; and

(b) include, or be accompanied by, all information or evidence required by the relevant decision-maker that is relevant to the application; and

(c) be accompanied by the prescribed fee, if any.

104 Grant or refusal of permit

(1)  After considering an application for an individual permit under section 103 , the relevant decision-maker may –

(a) grant a permit subject to any conditions that the relevant decision-maker thinks appropriate; or

(b) refuse to grant a permit; or

(c) ask the applicant for further information and, after considering the information –

(i) grant a permit subject to any conditions that the relevant decision-maker thinks appropriate; or

(ii) refuse to grant a permit.

(2)  A relevant decision-maker must refuse to grant a permit if satisfied that the granting of the permit would create a biosecurity risk that is inconsistent with the objectives of this Act.

(3)  Without limiting the generality of subsection (1)(b) , a relevant decision-maker may refuse to grant a permit if satisfied that –

(a) the application for the permit does not comply with this Act; or

(b) the applicant is not a suitable person to engage in the conduct to be authorised under the permit; or

(c) in an emergency, it would not be appropriate to grant the permit.

(4)  If a relevant decision-maker grants a permit under this section, the relevant decision-maker is to –

(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the applicant with the permit and written confirmation of that decision.

(5)  If a relevant decision-maker refuses to grant a permit under this section, the relevant decision-maker is to –

(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the applicant with written confirmation of the decision and the reasons for the decision; and

(c) notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.

(6)  A failure of a relevant decision-maker to make a decision within the prescribed period in respect of the application is taken for the purposes of this section to be a refusal of the application.

105 Form of individual permit

An individual permit granted under this Division is to –

(a) be in a form approved by the Secretary; and

(b) specify –

(i) the person in respect of which the permit has been granted; and

(ii) the type of permit granted; and

(iii) each condition imposed in respect of the permit; and

(iv) the period in respect of which the permit is in force.

106 Variation of individual permit

(1)  A relevant decision-maker may, at any time, vary an individual permit by written notice to the permit holder.

(2)  A variation of a permit under subsection (1) may be made –

(a) on the relevant decision-maker's own initiative; or

(b) on the application of the permit holder.

(3)  A variation of a permit under subsection (1) may include, but is not limited to –

(a) the imposition of a new condition on the permit; or

(b) the extension of the duration of the permit; or

(c) the substitution or amendment of a condition on the permit; or

(d) the removal of a condition from the permit.

(4)  The regulations may prescribe –

(a) the procedures for applying for a variation of a permit; and

(b) fees payable for such applications, including a fee for the reissue of the permit as varied.

107 Application for renewal of individual permit

(1)  At least 28 days before the expiry of an individual permit, the permit holder may apply to a relevant decision-maker for the renewal of the permit.

(2)  An application under subsection (1) must –

(a) be in the form approved by the relevant decision-maker; and

(b) include, or be accompanied by, all information or evidence required by the relevant decision-maker that is relevant to the application; and

(c) be accompanied by the prescribed fee, if any.

(3)  If an application for renewal of an individual permit is made in accordance with this section and is not determined under section 108 before the expiry of the permit, the permit is taken to continue in force, unless otherwise suspended or cancelled, until the application is determined.

108 Grant or refusal of renewal of individual permit

(1)  After considering an application for the renewal of an individual permit under section 107 , the relevant decision-maker may –

(a) renew the permit subject to any conditions that the relevant decision-maker thinks appropriate; or

(b) refuse to renew the permit; or

(c) ask the applicant for further information and, after considering the information –

(i) renew the permit subject to any conditions that the relevant decision-maker thinks appropriate; or

(ii) refuse to renew the permit.

(2)  Without limiting the generality of subsection (1)(b) , a relevant decision-maker may refuse to renew an individual permit if satisfied that –

(a) the application for the renewal of the permit does not comply with this Act; or

(b) the applicant is not a suitable person to engage in the conduct to be authorised under the permit; or

(c) in an emergency, it would not be appropriate to renew the permit.

(3)  If a relevant decision-maker renews an individual permit under this section, the relevant decision-maker is to –

(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the applicant with the renewed permit and written confirmation of that decision.

(4)  If a relevant decision-maker refuses to renew an individual permit under this section, the relevant decision-maker is to –

(a) notify the applicant of that decision, either orally or in writing, as soon as practicable after the decision is made; and

(b) provide the applicant with written confirmation of the decision and the reasons for the decision; and

(c) notify the applicant in writing that he or she may appeal to the Appeal Tribunal against the decision.

(5)  A failure of a relevant decision-maker to make a decision within the prescribed period in respect of the application for the renewal of an individual permit is taken for the purposes of this section to be a refusal to renew the permit.

109 Effect of refusal to renew individual permit

(1)  Subject to subsection (2) , if –

(a) an individual permit is taken to continue in force by virtue of section 107(3) until an application to renew the permit is determined under section 108 ; and

(b) the relevant decision-maker refuses to renew the permit under that section –

the permit remains in force until the permit holder is notified under section 108 of the decision to refuse to renew or the prescribed period in respect of the application for the renewal expires without the relevant decision-maker making a decision under that section.

(2)  Nothing in subsection (1) prevents a permit from being suspended or cancelled in accordance with this Act before the expiry of such a permit.

110 Grant of group permit

(1)  A relevant decision-maker may grant a group permit, subject to any conditions he or she thinks appropriate, on his or her own initiative or at the written request of a person.

(2)  A relevant decision-maker must not grant a group permit if satisfied that the granting of the permit would create a biosecurity risk that is inconsistent with the objectives of this Act.

(3)  If a relevant decision-maker refuses to grant a group permit that has been requested by a person, the relevant decision-maker is to notify the person in writing of the refusal.

(4)  No right of appeal lies against a decision of a relevant decision-maker to refuse to grant a group permit under this Act.

111 Form of group permit

A group permit granted under this Division is to –

(a) be in a form approved by the Secretary; and

(b) specify –

(i) the class of persons in respect of which the permit has been granted; and

(ii) the type of permit granted; and

(iii) each condition imposed in respect of the permit; and

(iv) the period in respect of which the permit is in force.

112 Variation of group permit

(1)  A relevant decision-maker may, at any time, vary a group permit by written notification.

(2)  A variation of a group permit under subsection (1) may be made –

(a) on the relevant decision-maker's own initiative; or

(b) at the written request of a person.

(3)  A variation of a group permit under subsection (1) may include, but is not limited to –

(a) the imposition of a new condition on the permit; or

(b) the extension of the duration of the permit; or

(c) the substitution or amendment of a condition on the permit; or

(d) the removal of a condition from the permit.

113 Renewal of group permit

A 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.

114 Conditions of permits

(1)  A permit is subject to –

(a) any relevant conditions prescribed in respect of the permit, a class of permits or permits generally; and

(b) any conditions imposed by the relevant decision-maker in respect of the permit.

(2)  Unless expressly provided for under this Act, a section of this Part that authorises a type of condition to be imposed on a permit does not –

(a) prevent other conditions from being imposed on the permit; or

(b) limit the types of conditions that may be imposed on the permit.

115 Conditions relating to insurance

(1)  A condition imposed on a permit may require the permit holder to take out a policy of insurance.

(2)  The condition may include –

(a) the form and type of insurance to be held; and

(b) the types of conduct or actions to be indemnified by the insurance; and

(c) the amount of insurance cover to be maintained; and

(d) the period for which the insurance is to be maintained, including that the insurance be maintained beyond the duration of the permit; and

(e) any other details and requirements that the relevant decision-maker thinks fit.

116 Conditions relating to audits

A condition imposed on a permit may require the permit holder to co-operate with, or arrange, mandatory biosecurity audits at specified intervals.

117 Conditions relating to financial assurances

(1)  In this section –

secured event, in relation to a permit, includes the following events:

(a) the permit holder contravening a condition on the permit, other than a condition referred to in subsection (2) ;

(b) the permit holder placing any biosecurity matter, that the permit authorises the permit holder to deal with, in the care of the Secretary;

(c) the permit holder engaging in conduct that the permit holder is not, or no longer, authorised to engage in under the relevant permit;

(d) the permit holder being unable, for any reason, to continue to engage in the conduct authorised by the permit.

(2)  A condition imposed on a permit may require the permit holder to provide a 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.

(3)  A condition imposing a financial assurance may specify that the assurance is to be in one or more of the following forms:

(a) a bank guarantee;

(b) a bond;

(c) a prescribed form;

(d) any other form that is approved by the Secretary.

(4)  A financial assurance may be claimed and realised, despite and without affecting –

(a) any liability of the permit holder for any penalty for an offence for a contravention to which the assurance relates; and

(b) any 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.

(5)  Unless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters:

(a) the method of calculating the amount of the financial assurance required;

(b) the 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;

(c) the actions that may be taken following a secured event, including –

(i) the circumstances in which those actions may be taken by, or on behalf of, the Secretary; and

(ii) the circumstances in which the Secretary, or a person authorised by the Secretary, may enter land to take those actions;

(d) the provision of information in specified circumstances;

(e) the audit of actions that may result in the financial assurance being claimed or realised;

(f) the administration requirements in relation to the financial assurance;

(g) the release of the financial assurance.

118 Conditions may take effect at any time

(1)  A condition imposed on a permit may specify that all or part of a permit does not take effect until –

(a) the expiry of a specified period; or

(b) the occurrence of a specified event or a specified set of circumstances.

(2)  Without limiting the generality of subsection (1)(b) , a set of circumstances under that subsection may be that, if the permit has been granted with a condition imposed under section 117 , evidence of financial assurance is provided.