Biosecurity Act 2025

Division 1—Formal 1—Short title This Act may be cited as the Biosecurity Act 2025. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act.

Division 2—Interpretation and key concepts 3—Interpretation (1) In this Act, unless the contrary intention appears— accreditation audit—see section 108; accreditation authority—see section 79; accreditation policy means an accreditation policy for biosecurity certifiers approved by the Chief Executive under section 78; act includes an omission; animal means any of the following, whether living or dead and including at any stage of its development: (a) a member of the animal kingdom, other than a human being, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile or any other vertebrate or invertebrate member of the animal kingdom; (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, but does not include any animal, matter or thing excluded by the regulations from the ambit of this definition; animal disease means a disease of, or capable of infecting, an animal; animal feed means fodder, animal products or other materials that are fed to an animal or intended to be fed to an animal; animal product includes: (a) the hide, skin, hair, wool, feather, shell, horn, scale, fin or hoof of an animal; (b) any part of the viscera or offal of an animal; (c) a carcass, or part of a carcass, of an animal; (d) meat, fat, eggs, honey, milk, whey, cream, butter, cheese and other primary produce derived from an animal; (e) urine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal; (f) any secretion or excretion of an animal; (g) any product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal; (h) any other matter or thing identified by the regulations as being included within the ambit of this definition; appointment policy means an appointment policy for biosecurity auditors approved by the Chief Executive under section 77; approved biosecurity program means a program approved by the Minister under Part 9 Division 1; approved form means a form approved by the Chief Executive; approved manner means a manner approved by the Chief Executive; assess includes investigate; audit frequency policy—see section 117; audit target means the person who is the subject of a biosecurity audit; authorised analyst means a person appointed as an authorised analyst under section 34; authorised officer means— (a) the Chief Veterinary Officer and any Deputy Chief Veterinary Officer; or (b) the Chief Plant Protection Officer and any Deputy Chief Plant Protection Officer; or (c) a person appointed by the Minister as an authorised officer under section 26; or (d) a person taken to have been appointed as an authorised officer under section 26; bee or managed bee means— (a) a managed bee of the genus Apis or Megachile; or (b) any other species of bee identified by the regulations as being included within the ambit of this definition; biosecurity advisory group means a biosecurity advisory group established by the Minister under section 301; biosecurity audit—see section 104; biosecurity auditor means a person who holds an appointment as a biosecurity auditor under Part 6 or as provided by section 101; biosecurity certificate means a certificate issued under Part 7 Division 2; biosecurity certifier means a person who holds an accreditation as a biosecurity certifier under Part 6; biosecurity control agreement means an agreement under Part 9 Division 3; biosecurity direction means a direction given under Part 11 Division 3; biosecurity duty means a duty referred to in section 40 or 49; 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 South Australia is a party; and (b) 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 4; biosecurity impact—see section 5; biosecurity matter—see section 6; biosecurity registration means registration granted under Part 5; biosecurity risk means a risk of a biosecurity impact occurring; biosecurity zone—see section 163; biosecurity zone measure—see section 164; carrier—see section 7; Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; Chief Officer means— (a) the Chief Plant Protection Officer; or (b) the Chief Veterinary Officer; Chief Plant Protection Officer means the Chief Plant Protection Officer appointed under section 23; Chief Veterinary Officer means the Chief Veterinary Officer appointed under section 23; compliance audit—see section 114; conduct includes an omission; 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; contravene includes cause or permit a contravention to occur, or a failure to comply with a relevant requirement; control, in relation to a thing, includes to contain the thing; control order means an order made under section 186; corresponding law means a law of another State or of the Commonwealth declared by the regulations to be a law that corresponds to this Act; council means a council within the meaning of the Local Government Act 1999; deal—see section 8; Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act; Department website means the website operated by, or on behalf of, the Department; Deputy Chief Officer means— (a) a Deputy Chief Plant Protection Officer; or (b) a Deputy Chief Veterinary Officer; Deputy Chief Plant Protection Officer means a Deputy Chief Plant Protection Officer appointed under section 24; Deputy Chief Veterinary Officer means a Deputy Chief Veterinary Office appointed under section 24; director, in relation to a body corporate, includes— (a) any member of the governing body of the body corporate; and (b) any other person who is in a position to control or influence substantially the affairs of the body corporate; 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; (b) a syndrome, or clinically identifiable set of signs or symptoms in an organism, whether or not the cause is known; (c) a disease agent; (d) any other matter or thing identified by the regulations as being included within the ambit of this definition, but does not include any matter or thing excluded by the regulations from the ambit of this definition; disease agent includes the following: (a) a bacterium, virus, fungus, parasite, prion, protozoa, phytoplasma, insect, microorganism or any other organism or pathogen; (b) any other matter or thing identified by the regulations as being included within the ambit of this definition; Dog Fence Board—see section 36; emergency—see section 9; emergency biosecurity direction means a biosecurity direction that is given in a biosecurity emergency; emergency order means an order made under section 173; emergency permit means a permit referred to in section 133(1)(a); emergency zone—see section 177; engage in a dealing—see section 8; entity means any person, including the Crown, regardless of whether the person— (a) is comprised of 1 or more individuals; or (b) is incorporated or unincorporated; or (c) is an organisation or enterprise; 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; (b) any organic matter, inorganic matter or organisms; (c) human-made or modified structures or areas; (d) interacting natural ecosystems that each include 1 or more 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; fish has the same meaning as in the Fisheries Management Act 2007; function includes an authority or duty, and perform a function includes to perform a duty; general biosecurity direction—see section 199(2); general biosecurity duty—see section 40; group permit means a permit referred to in section 133(2)(b); government agency means— (a) a Minister; or (b) a government department; or (c) any other agency or instrumentality of the Crown; or (d) a council or any other body established under the Local Government Act 1999; Government biosecurity program means a program under Part 9 Division 2; import, in relation to any biosecurity matter, carrier or thing, means— (a) to import the biosecurity matter, carrier or thing into South Australia from outside the State; or (b) to cause, permit or enable anything mentioned under paragraph (a) to occur; incursion means the presence, or suspected presence, of a pest or disease in South Australia, or any part of South Australia— (a) which has not previously been present in South Australia, or that part of South Australia; or (b) which has been previously eradicated or removed from South Australia, or a part of South Australia and has, or is suspected or reasonably believed to have, returned to South Australia, or that part of South Australia, where the pest or disease has, or is suspected or reasonably believed to pose, a biosecurity risk or have a biosecurity impact; individual biosecurity direction—see section 199(3); individual permit means a permit referred to in section 133(1); information includes documents (including copies of any certificate or other instrument of registration or accreditation under this Act), recordings, registers, data and electronic communications; interstate biosecurity agency means a government department or agency of another State, or the Commonwealth, that is responsible for assisting in the administration of a corresponding law; interstate biosecurity certificate is a certificate or other document recognised under section 128; interstate biosecurity officer means an officer of an interstate biosecurity agency; jurisdiction includes a jurisdiction outside Australia; label includes a ticket, manifest, cartnote, stamp, tag, barcode or sticker; land includes: (a) inland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created) and coastal waters within the meaning of the Fisheries Management Act 2007; (b) land that is covered by water; (c) water in, on or below land; (d) air, or space, above or below the surface of land; (e) the subsoil and substrate of land; (f) buildings or other structures permanently fixed to land, or part of such buildings or structures; (g) any other thing identified by the regulations as being included within the ambit of this definition, and also includes, according to its context, a legal estate or interest in, or right in respect of, land; livestock means animals kept or usually kept in a domestic or captive state; move includes transport or distribute; non-indigenous means an animal or plant that is not indigenous to South Australia; occupier, in relation to land or premises, includes any person who has the care, control or management of the land or 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 part of the body of a slaughtered animal which is removed in the course of dressing the body or part of the body; organism means any living thing, including an animal and a human; permit means a permit granted under Part 8; 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; pest—see section 10; plant includes any member of the Plantae, Fungi or Protista kingdom, whether whole or in part and whether alive or dead and including at any stage of its development but does not include any plant excluded by the regulations from the ambit of this definition; 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 or stem that has been separated from a plant; (b) dried plant material or timber; (c) any other matter or thing identified by the regulations as being included within the ambit of this definition; premises includes any land, building or structure (including a moveable building or structure), whether constituting a public place or a private place and whether built or not; prohibited dealing means a dealing declared to be a prohibited dealing under section 14; prohibited dealing permit means a permit referred to in section 133(1)(c); prohibited matter means biosecurity matter declared to be prohibited matter under section 13; prohibited matter permit means a permit referred to in section 133(1)(b); public sector agency means a public sector agency under the Public Sector Act 2009; public sector employee means a public sector employee under the Public Sector Act 2009; quarantine station means a place declared to be a quarantine station under section 37; reasonably practicable—see section 12; record includes any book, document or writing and any other form or source of information compiled, recorded or stored by computer or any other process, in any other manner or by any other means; registered entity means a person who holds a biosecurity registration; Registrar-General means the Registrar-General appointed under the Real Property Act 1886; regulated dealing means a dealing declared to be a regulated dealing under section 14; repealed Act means an Act repealed by this Act; relevant Chief Officer—see subsection (3); requirement includes a duty or obligation; residential premises means any part of premises that is used only for residential purposes and includes the curtilage of any premises but does not include land outside a curtilage; responsible accreditation authority—see section 80; sell includes: (a) sell by wholesale, retail, auction or tender; (b) barter or exchange; (c) supply for profit; (d) offer for sale, receive for sale or expose for sale; (e) consign or deliver for sale; (f) have in possession for sale; (g) cause or allow anything referred to in a preceding paragraph to be done; specified biosecurity requirement—see section 42; State includes a Territory; statutory corporation means a statutory corporation established under Part 3 Division 4; thing includes— (a) biosecurity matter and carriers; (b) any substance; treatment measure means a treatment or process for the prevention, elimination, minimisation, control or management of a biosecurity matter, biosecurity risk or suspected biosecurity risk, or biosecurity impact (including cleaning, fumigation, disinfection, medication, vaccination and inoculation); Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; variation of conditions includes an addition, deletion or substitution, and to vary has a corresponding meaning; vehicle includes: (a) a motor vehicle; (b) a train or rolling stock; (c) a caravan or trailer; (d) an aeroplane, helicopter, drone or other aircraft; (e) a vessel; (f) plant or equipment designed to be moved or operated by a driver; (g) any thing within the ambit of a preceding paragraph that is operated or controlled remotely by a person or computer rather than by a driver, pilot or other person on the actual thing; (h) any other thing identified by the regulations as being included within the ambit of this definition; vessel includes: (a) a ship, boat, barge, oil rig, hovercraft, ferry, raft or other water craft; (b) a pontoon, floating pier or other floating structure; veterinary surgeon means a veterinary surgeon within the meaning of the Veterinary Practice Act 2003; virus includes any virus and sub-viral agent capable of infecting an organism. (2) In this Act, a reference to a 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) For the purposes of this Act, the relevant Chief Officer in relation to particular biosecurity matter is the Chief Officer who is designated as the relevant Chief Officer in relation to that particular biosecurity matter by the Chief Executive by notice published on the Department website. 4—Meaning of biosecurity event (1) For the purposes of this Act, each of the following events is a biosecurity event: (a) the presence, or suspected presence, in South Australia, or any part of South Australia, of prohibited matter; (b) the incursion of a pest or an animal or plant disease, regardless of whether the pest or disease, or cause of the pest or disease, is known or identified; (c) the presence, or suspected presence, of a contaminant in, or on, biosecurity matter or carrier that is, or is suspected to be, a biosecurity impact; (d) any prescribed event or circumstance. (2) However, an event or circumstance is not a biosecurity event for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 5—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 a biosecurity matter or carrier, being an adverse effect that is the result of, or related to— (a) the introduction, presence, spread or increase of an animal disease or a plant disease into or within South Australia, or any part of South Australia; or (b) the introduction, presence, spread or increase of a pest into or within South Australia, or any part of South Australia; or (c) stock food or any fertiliser; or (d) any animal or plant, or the product of any animal or plant, that is contaminated, or exposed to any contaminant; or (e) a risk to public safety, or a public nuisance, caused by managed bees; or (f) any thing or circumstance that is prescribed to have biosecurity impact. (2) For the purposes of subsection (1)(d), an animal or plant, or the product of an animal or plant, is contaminated if it contains a contaminant that makes, or is likely to make, the animal, plant or product— (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 activity or the environment; or (c) unfit to export or other trade for which it would normally be used. (3) However, a thing or circumstance is not a biosecurity impact for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 6—Meaning of biosecurity matter In this Act, biosecurity matter includes the following: (a) an animal, plant or other organism, other than a human; (b) a part of an animal, plant or other organism, other than a human; (c) an animal product or plant product; (d) an animal disease or 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. 7—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. (3) However, an object or thing is not a carrier for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 8—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) buys or sells the biosecurity matter or carrier; or (g) disposes of, or destroys, the biosecurity matter or carrier; or (h) 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 (i) moves or conveys the biosecurity matter or carrier; or (j) releases the biosecurity matter or carrier into the environment, or from captivity or confinement; or (k) uses, or treats, the biosecurity matter or carrier; or (l) breeds, propagates, grows, raises, feeds, clones or cultures the biosecurity matter or carrier; or (m) experiments with the biosecurity matter or carrier; or (n) displays the biosecurity matter or carrier; or (o) enters into an agreement or arrangement to deal with the biosecurity matter or carrier; or (p) causes, permits or arranges for a dealing with the biosecurity matter, or carrier, to occur; or (q) 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 has possession, care or control of the biosecurity matter or carrier for the entire time when the biosecurity matter or carrier was on the premises. (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. 9—Meaning of emergency (1) In this Act, an emergency includes: (a) an act or event in respect of which an emergency order has been made; or (b) the occurrence, suspected occurrence or imminent occurrence of a biosecurity emergency. (2) In this Act, an act or function is performed, or a power is exercised, by a person in an emergency (or in the case of an emergency) if the person, at the time of performing the act or function or exercising the power (as the case may be), reasonably believes or suspects that— (a) the performance of the act or function, or the exercise of the power, is necessary or authorised under an emergency order; or (b) a biosecurity emergency is occurring, has occurred or is imminent and the performance of the act or function, or the exercise of the power, is necessary or reasonably required to assess, prevent, control or manage the biosecurity emergency. 10—Meaning of pest (1) In this Act, an animal or plant is a pest— (a) if it is a non-indigenous animal or a non-indigenous plant (as the case may be) and it has an adverse effect on, or is suspected of having an adverse effect on, the environment, the community or the economy by— (i) competing with other organisms for resources, including food, water, nutrients, habitat and sunlight; or (ii) destroying or damaging the habitat of other organisms; or (iii) preying or feeding on other organisms; or (iv) transmitting disease to other organisms; or (v) causing harm to other organisms through toxicity or disturbance; or (vi) reducing the productivity of any primary industry, or the value of any primary produce or commodity; or (vii) damaging infrastructure; or (viii) reducing the amenity or aesthetic value of premises; or (ix) harming or reducing biodiversity; or (x) doing any other prescribed thing or having any other prescribed effect; or (b) if it is an animal or plant declared by the Minister to be a pest for the purposes of this Act. (2) However, an animal or plant is not a pest if it is excluded from the ambit of subsection (1) by the regulations. (3) A declaration of the Minister under this section— (a) must be by notice in the Gazette; and (b) may be varied or revoked by the Minister by further notice in the Gazette. 11—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 a person is, or is no longer, a suitable person: (a) if the person has been found guilty of an offence under this Act or a repealed Act; (b) if the person has been found guilty of an offence against 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 been found guilty of an offence of dishonesty; (d) if the person has failed to comply with a requirement of this Act or a repealed Act, or a requirement or condition of an authorisation, registration or other authority issued or granted under this Act or a repealed Act; (e) if there has been an unfavourable accreditation audit or biosecurity audit in respect of the person; (f) any prescribed matter; (g) any other matter that the person considering the application, or making the decision, considers relevant to the application or decision. 12—Meaning of reasonably practicable Reasonably practicable, in relation to the prevention, elimination, minimisation, control or management of a biosecurity risk, means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters, including— (a) the biosecurity risk concerned; and (b) the degree of biosecurity impact that arises, or might arise, from the biosecurity risk; and (c) what the concerned person knows, or ought reasonably to know, about the biosecurity risk and the ways of preventing, eliminating, minimising, controlling or managing the risk; and (d) the availability and suitability of ways to prevent, eliminate, minimise, control or manage the biosecurity risk; and (e) the cost associated with available ways of preventing, eliminating, minimising, controlling or managing the risk, including whether the cost is grossly disproportionate to the risk.

Division 3—Classification of matter and dealings 13—Prohibited matter (1) The Minister may, by notice in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be prohibited matter if the Minister is satisfied that— (a) the biosecurity matter, or class of biosecurity matter, poses a significant biosecurity risk to South Australia, or a part of South Australia; 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 in the Gazette, declare any carrier, or class of carriers, to be prohibited matter if the Minister is satisfied that— (a) the carrier, or class of carriers, poses a significant biosecurity risk to South Australia, or a part of South Australia; 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. 14—Prohibited and regulated dealings (1) The regulations may declare a dealing to be— (a) a prohibited dealing in relation to South Australia, or a part of South Australia; or (b) a regulated dealing in relation to South Australia, or a part of South Australia. (2) A regulation should only be made under this section on the recommendation of the Minister on the basis that the Minister considers the declaration is appropriate for the administration or operation of this Act in relation to South Australia, or a specified part of South Australia.

Division 4—Principles that apply to biosecurity duties 15—Duty not transferable A biosecurity duty cannot be transferred to another person. 16—Person may have more than one duty A person can have more than 1 biosecurity duty. 17—More than one person can have a duty (1) More than 1 person can concurrently have the same biosecurity duty. (2) Each person who has a biosecurity duty must discharge that duty to the standard required by this Act even if another person has the same duty. (3) If more than 1 person has a biosecurity duty in relation to the same thing, each person— (a) retains responsibility for the person's duty in relation to the thing; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the thing or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 18—Duty to prevent, eliminate or minimise biosecurity risk A duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so far as is reasonably practicable is a duty— (a) to prevent or eliminate a biosecurity risk so far as is reasonably practicable; and (b) if it is not reasonably practicable to prevent or eliminate a biosecurity risk, to minimise, control or manage the biosecurity risk so far as is reasonably practicable.

Division 5—Extraterritorial application 19—Extraterritorial application (1) It is the intention of the Parliament that this Act is to apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament. (2) Without limiting subsection (1), it is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following: (a) persons and things situated in or outside the territorial limits of this State (including in another country); (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this State (including in another country); (c) 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 another jurisdiction; (d) without limiting a preceding paragraph, acts, transactions and matters done, entered into or occurring on the Internet or other e-commerce platforms or online spaces (wherever done, entered into or occurring).

Division 6—Status of Act 20—Interaction with other Acts Unless the contrary intention appears— (a) subject to paragraph (b), this Act is in addition to, and does not derogate from, the provisions of any other Act; (b) if— (i) a provision of this Act applies because of, or in relation to, an emergency; and (ii) another Act or law, other than the Emergency Management Act 2004 is inconsistent with the provision, this Act prevails to the extent of the inconsistency. 21—Act does not give rise to or affect civil causes of action (1) A provision of this Act does not confer a right of action in civil proceedings based on a contravention of the provision. (2) Except as otherwise expressly provided by this Act, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (3) Without limiting subsection (2), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

Part 2—Objects 22—Objects The objects of this Act are— (a) to protect South Australia from— (i) pests, diseases and other biosecurity matter that are economically significant for the State; and (ii) threats to terrestrial and aquatic environments arising from pests, diseases and other biosecurity matter; and (iii) pests, diseases and other biosecurity matter that may have an adverse effect on public amenities, community activities and infrastructure; and (b) to ensure that responsibility for biosecurity is shared between government, industry and the community; and (c) to provide a framework for risk and evidence-based decision making to ensure timely and effective management of biosecurity risks and impacts; and (d) to provide a framework that is flexible and responsive so as to enable the effective prevention, elimination, minimisation, control or management of the risk of adverse impacts on the South Australian economy, environment and community in connection with biosecurity risks; and (e) to establish a biosecurity system that is focused on science in evidence-based decision making, innovative technologies, risk assessment, information management, planning, training and communication; and (f) to give effect to intergovernmental agreements relating to biosecurity to which South Australia is a party and to facilitate the alignment of the State's approach to biosecurity management with other States and nationally; and (g) to support market access, and to facilitate trade of South Australia's food, fibre, beverages and other products; and (h) to promote compliance with statutory duties and requirements through effective enforcement measures, and communication and collaboration between government, industry and the community.

Part 3—Administration Division 1—Chief Officers and deputies 23—Chief Officers (1) There will be— (a) a Chief Plant Protection Officer; and (b) a Chief Veterinary Officer. (2) A Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service). (3) In relation to the appointment of a Chief Officer— (a) the Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and (b) the Chief Veterinary Officer must be a veterinary surgeon. (4) An appointment may be made subject to such conditions as may be specified in the instrument of appointment. (5) The Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment. 24—Deputy Chief Officers (1) There will be— (a) 1 or more Deputy Chief Plant Protection Officers; and (b) 1 or more Deputy Chief Veterinary Officers. (2) A Deputy Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service). (3) In relation to the appointment of a Deputy Chief Officer— (a) a Deputy Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and (b) a Deputy Chief Veterinary Officer must be a veterinary surgeon. (4) An appointment may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform or exercise the functions and powers of a Deputy Chief Officer). (5) The Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment. 25—Roles of Deputy Chief Officers (1) A Deputy Chief Officer may perform the functions and exercise the powers of the corresponding Chief Officer, including any functions or powers that have been delegated to the corresponding Chief Officer under this Act, on such terms and conditions as may be specified in the instrument of appointment of the Deputy Chief Officer. (2) To avoid doubt, a reference in this Act to a Chief Officer in relation to a function or power includes a reference to a corresponding Deputy Chief Officer if the Deputy Chief Officer is authorised to perform the function or exercise the power. (3) Nothing in this section limits— (a) a specific delegation under this Act; or (b) a function or power that a person appointed as a Deputy Chief Officer may otherwise have or exercise under this Act or in connection with any appointment or position held apart from this Division. Division 2—Authorised officers 26—Appointment of authorised officers (1) The Minister may appoint a suitable person to be an authorised officer for the purposes of this Act. (2) A person appointed as an authorised officer may be— (a) a public sector employee; or (b) an officer or employee of a council; or (c) an employee of the Commonwealth or of another State; or (d) an employee of an entity prescribed for the purposes of this subsection; or (e) a person who has entered into a contract, or who is employed by an entity that has entered into a contract, with the Crown to perform a function under this Act. (3) The Minister may enter into an agreement with a council in relation to the performance of the functions and the exercise of powers of an authorised officer by an officer or employee of the council appointed under subsection (1). (4) The Minister may enter into an agreement with the Commonwealth, or another State, in relation to the performance of the functions and the exercise of powers of an authorised officer by an employee of the Commonwealth, or another State, appointed under subsection (1). (5) An appointment under subsection (1) may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform the functions or exercise the powers of an authorised officer). (6) The Minister may, at any time, revoke an appointment or vary a condition of an appointment. (7) In connection with the operation of subsection (6)— (a) if the Minister takes action under that subsection in respect of an officer or employee of a council, the Minister must notify the council in writing of the action taken; and (b) if the Minister takes action under that subsection in respect of an employee of the Commonwealth or of another State, the Minister must notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken. (8) If a person appointed as an authorised officer under subsection (1) ceases to hold an office or position of employment that made the person eligible to be appointed as an authorised officer, the person ceases to be an authorised officer. (9) A person holding any of the following offices will be taken to have been appointed as an authorised officer for the purposes of this Act: (a) fisheries officer under the Fisheries Management Act 2007, other than a police officer; (b) authorised person under the Primary Produce (Food Safety Schemes) Act 2004. (10) A person holding an appointment as an authorised officer by virtue of the operation of subsection (9) or the provisions of another Act may perform the functions or exercise the powers of an authorised officer subject to such conditions as the Minister may specify from time to time (including a condition limiting the area within which, or the purposes for which, the person may perform or exercise the functions or powers of an authorised officer). 27—Identity cards (1) The Chief Executive must issue a person appointed as an authorised officer under section 26(1) an identity card— (a) containing the person's name and a photograph of the person; and (b) specifying that the person is an authorised officer; and (c) stating any limitation on the person's authority to act as an authorised officer under this Act. (2) Subject to this Act, an authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for the inspection of the person an appropriate identity card. (3) For the purposes of subsection (2), an appropriate identity card is— (a) in relation to a person appointed under section 26(1)—the identity card issued under subsection (1); and (b) in relation to a person taken to have been appointed as an authorised officer under section 26(9)—an identity card issued to the person for the purposes of the office referred to in that subsection. (4) If the appointment of a person as an authorised officer is revoked or otherwise ceases, the person must, as soon as is reasonably practicable, return to the Chief Executive any identity card issued to the person under subsection (1) Maximum penalty: $1 000. 28—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 under subsection (1) may— (a) accompany the authorised officer onto any premises that the authorised officer is allowed to enter under this Act; and (b) take all reasonable steps to assist the authorised officer in the performance of a function of the authorised officer under this Act. 29—Use of animals (1) An authorised officer, performing a function under this Act, may perform the function with the assistance of an animal to detect the presence of, or to manage, biosecurity matter. (2) An authorised officer who is authorised to enter premises under this Act may enter those premises in the company of any animal as envisaged by subsection (1). (3) An authorised officer who performs a function with the assistance of an animal must keep the animal under control and take all reasonable steps to ensure that the animal does not unnecessarily interact with any person other than the authorised officer or a person assisting the authorised officer. 30—Provision of assistance (1) An authorised officer may require an owner or occupier of any premises, any person in or on any premises (other than a public place), or a person apparently in charge of any vehicle, plant, equipment or other thing, to provide any reasonable assistance and facilities that the authorised officer or a person assisting the authorised officer reasonably requires for the effective exercise of a power under this Act. (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) A direction may, for example, require the person— (a) to confine or move any animal under the care, custody or control of the person; or (b) to provide any facilities, including yards and crushes, that the authorised officer requires to inspect, examine, test, treat or take samples from any biosecurity matter, carrier, potential carrier or other thing; or (c) to restrain an animal. 31—Performance and exercise of functions and powers in emergency The fact that a provision of this Act only authorises an authorised officer to perform or exercise specified functions or powers in an emergency (or in the case of an emergency) does not prevent the authorised officer from performing or exercising any other function or power under this Act in that emergency. 32—Extraterritorial performance and exercise of functions and powers (1) The Minister may enter into an agreement with a Minister of the Commonwealth or another State providing for either or both of the following: (a) the performance of functions or the exercise of powers under this Act on behalf of the Commonwealth or in another State by authorised officers or interstate biosecurity officers; (b) the performance of functions or the exercise of powers under a corresponding law in South Australia by authorised officers or interstate biosecurity officers. (2) The Chief Executive 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 or the exercise of powers under this Act in another State by authorised officers or interstate biosecurity officers; (b) the performance of functions or the exercise of powers under a corresponding law in South Australia 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 or exercise powers under this Act on behalf of the Commonwealth or in another State as authorised under the Act; and (b) perform functions or exercise powers under a corresponding law in South Australia as authorised under that agreement to the extent required in respect of a biosecurity impact, or potential biosecurity impact, in another State. 33—Hindering etc persons engaged in the administration of Act (a) without reasonable excuse hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the performance of a function or the exercise of a power under this Act; or (b) fails to answer a question put by an authorised officer to the best of the person's knowledge, information or belief; or (c) provides an answer to a question put by an authorised officer that the person knows to be false or misleading in a material particular; or (d) produces a document or record that the person knows to be false or misleading in a material particular; or (e) fails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act (including a requirement to attend at a time and place specified by an authorised officer); or (f) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer, in the performance of a function or the exercise of a power under this Act; or (g) falsely represents, by words or conduct, that the person is an authorised officer, Division 3—Authorised analysts 34—Authorised analysts (1) The Chief Executive may, by written instrument, appoint a person as an authorised analyst for the purposes of this Act if the Chief Executive is satisfied that the person holds the appropriate qualifications and experience for the position. (2) An appointment under subsection (1) may be made subject to such conditions as the Chief Executive considers reasonable in the circumstances and are specified in the instrument of appointment (including a condition limiting the functions or powers of the authorised analyst). (3) The Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment. (4) If an appointment of a person as an authorised analyst is made by reference to an office held by the person— (a) the person ceases to be an authorised analyst if the person 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 they hold that office. (5) The Chief Executive may appoint an authorised officer as an authorised analyst and the authorised officer so appointed may perform the functions and exercise the powers of an authorised officer in addition to the functions and powers of an authorised analyst. Division 4—Statutory corporations 35—Establishment of statutory corporations by regulation (1) The Governor may, by regulation, establish a body as a statutory corporation under this Act. (2) Regulations establishing a statutory corporation— (a) must name the statutory corporation; and (b) must provide for the constitution of a board of management as the statutory corporation's governing body; and (c) must specify the functions of the statutory corporation; and (d) may provide for the powers of the statutory corporation and may limit the powers of the statutory corporation; and (e) may make other provisions (not inconsistent with this Act) that are necessary or expedient for the purposes of the statutory corporation or that are contemplated by Schedule 1. (3) A statutory corporation established under this section— (a) is a body corporate; and (b) subject to a limitation imposed by regulation, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act; and (c) is subject to the control and direction of the Minister, other than where the statutory corporation is— (i) making a recommendation to the Minister; or (ii) providing advice to the Minister. (4) The Governor may, by regulation— (a) alter the name of a statutory corporation; or (b) vary the constitution of the board of management of a statutory corporation; or (c) alter the functions of a statutory corporation; or (d) alter or limit the powers of a statutory corporation; or (e) may make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of a statutory corporation or that are contemplated by Schedule 1. (5) Without limiting a preceding subsection, the regulations may, in providing for the constitution of a board of management of a statutory corporation, make provision with respect to— (a) how a member of the board is appointed or selected; and (b) the term of office of a member of the board; and (c) the appointment of a presiding member; and (d) the appointment or selection of deputies; and (e) the grounds on which a member may be removed from office, and how an office becomes vacant. (6) The Governor may, by regulation— (a) dissolve a statutory corporation established under this section; and (b) transfer any assets, rights or liabilities of a statutory corporation dissolved under this provision (either as a whole or in separate parcels specified by regulation)— (i) to the Minister; or (ii) to another statutory corporation; or (iii) to the Crown, or to another agency or instrumentality of the Crown; or (iv) with the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown; and (c) make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the statutory corporation. (7) If a regulation establishing a statutory corporation under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory corporation become the assets, rights and liabilities of the Minister. (8) Schedule 1 contains other provisions that are relevant to a statutory corporation established under this section. 36—Dog Fence Board (1) The Dog Fence Board (as established under the Dog Fence Act 1946 and now to be known as the Dog Fence Board) continues as a statutory corporation under this Act. (2) The Dog Fence Board— (a) is a body corporate; and (b) is an instrumentality of the Crown; and (c) subject to a limitation imposed by regulation, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act. (3) Subject to this Act, Schedule 1, other than any provision of that Schedule prescribed by the regulations, applies to the Dog Fence Board as a statutory corporation under this Act. (4) Schedule 2 makes additional provisions in relation to the Dog Fence Board and dog fences. Division 5—Quarantine stations 37—Quarantine stations designated authority means— (b) a Chief Officer. (2) A designated authority may, by notice published on the Department website, declare a place to be a quarantine station at which biosecurity matter may, subject to this Act, be held, examined, disinfected, treated, destroyed or otherwise disposed of. (3) A designated authority may, by further notice published on the Department website, vary or revoke a notice under this section. Division 6—Register 38—Register (1) The Chief Executive must maintain a register of— (a) registered entities under Part 5; and (b) accreditation authorities established under Part 6; and (c) biosecurity auditors appointed under Part 6; and (d) biosecurity certifiers accredited under Part 6; and (e) biosecurity programs under Part 9; and (f) declared biosecurity zones under section 167; and (g) any other matter required to be included on the register under this Act or the regulations. (2) The register may include such other information as the Chief Executive thinks fit. (3) The register will be kept in such forms as the Chief Executive thinks fit (including in an electronic format). (4) The Chief Executive may establish requirements as to— (a) the provision of information for the purposes of the register; and (b) the form of any information or instrument that is to be registered or included on the register; and (c) the use of electronic files, including as to their formats; and (d) any other matter determined by the Chief Executive for the purposes of the register.

Division 7—Delegations 39—Delegations statutory authority means— (d) a Deputy Chief Officer; or (e) a statutory corporation. (2) A statutory authority may delegate any of the statutory authority's functions or powers under this Act— (a) to a particular person or body; or (b) to the person for the time being holding or occupying a particular office or position. (3) However, a statutory corporation may only make a delegation under this section with the approval of the Minister (and the approval may be a general or specific approval and may be given on such conditions as the Minister thinks fit). (4) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will. (5) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

Part 4—Biosecurity duties, dealings and measures Division 1—General biosecurity duty 40—General biosecurity duty (1) A person has a duty (the general biosecurity duty) to take, so far as is reasonably practicable, measures to prevent, eliminate, minimise, control or manage a biosecurity risk when dealing with biosecurity matter, or a carrier, if the person knows or reasonably ought to know that the biosecurity matter, carrier or dealing poses a biosecurity risk. (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. 41—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. (2) In determining what is a significant biosecurity impact for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to— (a) the potential impact of a failure to comply with the duty; and (b) the economic, environmental, community or practicable implications; and (c) the extent of any risk to public safety; and (d) the nature, extent and duration of any biosecurity impact; and (e) any relevant standard, code, guideline, program or other specification; and (f) any matter prescribed by the regulations. (3) A person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier. (4) If, in proceedings for an offence against subsection (1) in respect of a person, the court determining the proceedings is not satisfied that the person is guilty of that offence but is satisfied that the person has committed an offence against subsection (3), the court may find the person guilty of an offence under subsection (3). (5) A person who commits an offence under this section because of failing to comply with the general biosecurity duty— (a) continues, until the duty is discharged, to be required to discharge the duty; and (b) is guilty of a continuing offence (of the relevant kind) for each day that the failure continues. 42—Specified biosecurity requirements (1) For the purposes of this Act, a specified biosecurity requirement means any measure, prescription, rule, duty or other requirement imposed by, or under, this Act or any other Act that requires a person or class of persons to do 1 or more of the following for the purpose, whether express or implied, of preventing, eliminating, minimising, controlling or managing a biosecurity risk or potential biosecurity risk: (a) to take specified action or to 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, code, guideline, program or other specification; (d) to comply with any 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 biosecurity matter, carrier or dealing; and (b) that failure is an offence under both section 41 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) To avoid doubt, compliance with each applicable specified biosecurity requirement in respect of biosecurity matter, carrier or dealing may not, of itself, discharge the general biosecurity duty in respect of that biosecurity matter, carrier or dealing. Division 2—Dealings 43—Prohibited matter (1) A person who deals with any biosecurity matter that is prohibited matter throughout the State is guilty of an offence. (2) A person who deals with biosecurity matter is guilty of an offence if— (a) the biosecurity matter is located in a part of the State in which it is prohibited matter; or (b) as a result of the dealing, the biosecurity matter enters or is likely to enter a part of the State in which it is prohibited matter. (3) A person who commits an offence against subsection (1) or (2) because the person deals with biosecurity matter in contravention of that subsection— (a) continues, until the contravention ceases, to be liable for a contravention of the subsection; and (b) is guilty of a continuing offence (of the relevant kind) for each day that the contravention continues. (4) It is a defence to the prosecution of an offence constituted by a person having prohibited matter in the person's possession, care, custody or control if the person charged with the offence proves that the person did not know, and could not reasonably be expected to know, that the person had the prohibited matter in the person's possession, care, custody or control. 44—Prohibited dealings (1) A person must not engage in a prohibited dealing. (2) A person who commits an offence under this section because the person engages in a prohibited dealing in contravention of subsection (1)— 45—Regulated dealings (1) 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. (2) A person who commits an offence under this section because the person engages in a regulated dealing in contravention of subsection (1)— (3) In proceedings for an offence against this section, it is a defence to the prosecution of the offence if the person who engaged in the regulated dealing proves that— (a) the person did so as an employee or agent of a registered entity; and (b) the biosecurity registration authorises the registered entity to engage in the dealing. Division 3—Other requirements 46—Manifests (1) A person must not bring or introduce any prescribed biosecurity matter into the State for sale or any other commercial purpose unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer. (2) A person must not tranship, or transport through the State, any prescribed biosecurity matter for sale or other commercial purpose in another State unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer. (3) A person referred to in subsection (1) or (2) must, at a quarantine station or on the request of an authorised officer, produce a copy of the manifest. 47—Biosecurity matter sold for propagation A person must not sell any prescribed biosecurity matter for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations. 48—Packaging and labelling for sale (1) A person must not pack for sale or sell any prescribed biosecurity matter in packaging unless the packaging— (a) is in good repair; and (b) is clean and free from extraneous visible matter; and (c) is free of any objectionable odour; and (d) is labelled in accordance with the regulation; and (e) complies with any other requirements prescribed by the regulations. (2) A person must not pack for sale or sell any prescribed biosecurity matter in used packaging except in accordance with the regulations (which may prohibit the use of certain used packaging absolutely or subject to conditions). Division 4—Duty to notify biosecurity event 49—Biosecurity duty to notify biosecurity event (1) A person who becomes aware of, or who reasonably suspects, the occurrence or likely occurrence of a biosecurity event has a duty (a biosecurity duty)— (a) to notify the occurrence or likely occurrence of the biosecurity event as soon as reasonably practicable after the person becomes aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event in accordance with the regulations; and (b) to comply with any other requirements prescribed by the regulations. (2) The regulations may prescribe the following: (a) the form, contents and manner of a notification to be made in respect of a biosecurity event; (b) the person or persons to whom a notification must be made; (c) the procedure for requesting or providing further information in respect of a biosecurity event; (d) other matters or procedures in relation to a biosecurity event generally or a class of biosecurity events. (3) A person is not required to notify the occurrence or likely occurrence of a particular biosecurity event under subsection (1) if the person knows or reasonably believes that the biosecurity event has already been notified to a person as envisaged by the regulations under subsection (2). (4) A biosecurity duty arises under this Division only if the person is— (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 likely to occur; or (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 a prescribed class of persons, in prescribed circumstances. 50—Failure to comply with biosecurity duty (1) A person must not fail to discharge the person's biosecurity duty under this Division. (2) A person who commits an offence under this section because of failing to comply with the person's biosecurity duty under this Division— (a) continues, until the duty is discharged, to be required to discharge the duty; and (b) is guilty of a continuing offence for each day that the failure continues. (3) 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, 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. (4) It is a defence to proceedings for an offence under this section in respect of a biosecurity event if the defendant establishes that the defendant did not notify the biosecurity event as required under this Division, because the defendant has reasonable grounds to believe that the biosecurity event was widely and publicly known at the time the defendant allegedly committed the offence. 51—Protection against self-incrimination Notification of a biosecurity event given by a person under this Division is not admissible in evidence against that person in any criminal proceedings, or in other proceedings for the imposition of a penalty, other than proceedings for— (a) an offence under this Division; or (b) an offence under this Act that involves furnishing false or misleading information or failing to furnish material information; or (c) an offence under section 33.

Part 5—Registration scheme 52—Nature of biosecurity registration Biosecurity registration granted to a person by the relevant Chief Officer under this Part— (a) authorises the person to engage in the regulated dealing specified in the registration; and (b) only authorises the dealing or dealings specified in the registration; and (c) does not authorise a registered entity to do anything that is prohibited under any other Act. Division 2—Obtaining registration 53—Application for registration (1) A person may apply to the relevant Chief Officer for biosecurity registration in respect of a regulated dealing. (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 relevant Chief Officer reasonably requires in connection with the application; and (d) be accompanied by the prescribed fee. (3) The relevant Chief Officer may, by written notice, require an applicant for biosecurity registration to provide further information, documents or records relevant to the application. (4) The applicant may, with the approval of the relevant Chief Officer or at the request of the relevant Chief Officer, amend the application before the relevant Chief Officer has finished considering it. (5) The relevant Chief Officer may require an applicant for biosecurity registration to lodge a separate application for each regulated dealing that the applicant wishes to engage in under the biosecurity registration. 54—Grant or refusal of biosecurity registration (1) The relevant Chief Officer may, after considering an application for biosecurity registration, grant biosecurity registration with or without conditions, or refuse to grant biosecurity registration, to the applicant. (2) Biosecurity registration may be granted in the form the relevant Chief Officer considers appropriate. (3) The relevant Chief Officer may refuse to grant biosecurity registration to an applicant— (a) if the application for biosecurity registration does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or (b) if the relevant Chief Officer is not satisfied— (i) that the applicant is a suitable person to be registered; or (ii) if the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is to be registered; or (c) if the relevant Chief Officer considers that any requirements for biosecurity registration relating to standards, codes of practice, protocols or operational procedures have not been followed; or (d) if the relevant Chief Officer considers that it would not be appropriate to grant biosecurity registration to the applicant due to the occurrence of an emergency; or (e) on any prescribed ground; or (f) for any other reason that the relevant Chief Officer considers to be sufficient reason for refusing the application. (4) If the relevant Chief Officer refuses to grant biosecurity registration, the relevant Chief Officer must, by written notice— (5) If the relevant Chief Officer fails to give an applicant notice of a decision to grant or to refuse biosecurity registration within the prescribed period, the relevant Chief Officer is taken to have refused to grant the biosecurity registration. 55—Duration of biosecurity registration (1) Biosecurity registration remains in force for a period, not exceeding 5 years, specified by the relevant Chief Officer, unless sooner cancelled or surrendered. (2) Biosecurity registration has no effect during any period during which the biosecurity registration is suspended. (3) Biosecurity registration may be renewed in accordance with Division 3. 56—Periodic fees and annual returns (1) A prescribed registered entity must in each year, on or before a day set or determined by or under the regulations— (a) pay to the Department the prescribed fee; and (b) lodge with the relevant Chief Officer a return in the approved form in a manner determined by the relevant Chief Officer. (2) If a prescribed registered entity fails to lodge a return or pay a fee in accordance with this section, the relevant Chief Officer may, by written notice, require the prescribed registered entity to make good the default and, in addition, to pay to the Department the amount prescribed as a penalty for default. (3) If a prescribed registered entity— (a) fails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the biosecurity registration is suspended until the notice is complied with; and (b) fails to comply with any such notice within 3 months after the giving of the notice—the biosecurity registration is cancelled. (4) The relevant Chief Officer must give written notice of the suspension or cancellation to the relevant entity. (5) In this section— prescribed registered entity means a registered entity of a class prescribed by the regulations for the purposes of this section. 57—Variation of biosecurity registration (1) The relevant Chief Officer may, at any time, by written notice to the registered entity, vary the biosecurity registration of the registered entity. (2) A variation of biosecurity registration may be made— (a) on the relevant Chief Officer's own initiative; or (b) on the application of the registered entity. (3) A variation of biosecurity registration may include the variation of a condition of the biosecurity registration. (4) An application to vary biosecurity registration under subsection (2)(b) must— (b) include, or be accompanied by, any information or evidence that the relevant Chief Officer reasonably requires to determine the application; and (c) be accompanied by the prescribed fee. (5) The relevant Chief Officer may, by written notice, require an applicant for variation of biosecurity registration to provide further information, documents or records relevant to the application. (6) If the relevant Chief Officer refuses to grant an application for variation of biosecurity registration, the relevant Chief Officer must, by written notice— (a) notify the registered entity of the decision; and (b) provide the registered entity with reasons for the decision; and (c) notify the registered entity that the registered entity may apply for a review of the decision under Part 13. Division 3—Renewal of biosecurity registration 58—Renewal of biosecurity registration (1) A registered entity may apply to the relevant Chief Officer for renewal of biosecurity registration in respect of a regulated dealing. (b) include, or be accompanied by, any information or evidence that the relevant Chief Officer reasonably requires in connection with the application; and (c) be accompanied by the prescribed fee. (3) The relevant Chief Officer may, by written notice, require an applicant for renewal of biosecurity registration to provide further information, documents or records relevant to the application. (4) The relevant Chief Officer may require a separate application for each regulated dealing. (5) If an application for renewal of biosecurity registration in respect of a regulated dealing is duly made to the relevant Chief Officer before the expiry of the biosecurity registration, biosecurity registration is taken to continue in force until the relevant Chief Officer notifies the applicant of a decision to grant or refuse the application. (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 the biosecurity registration. 59—Grant or refusal of renewal of biosecurity registration (1) The relevant Chief Officer may, after considering an application for renewal of biosecurity registration, renew the biosecurity registration with or without conditions, or refuse to renew the biosecurity registration. (2) The renewal of biosecurity registration may be granted in the form the relevant Chief Officer considers appropriate. (3) The relevant Chief Officer may refuse to renew the registered entity's biosecurity registration— (a) if the application for renewal of the registration does not comply with this Act; or (b) if the relevant Chief Officer is not satisfied— (i) that the registered entity is a suitable person to continue to be registered; or (ii) if the registered entity is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that is a registered entity; or (c) if the relevant Chief Officer considers that any requirements for biosecurity registration relating to standards, codes of practice, protocols or operational procedures have not been followed; or (d) if the relevant Chief Officer considers that it would not be appropriate to renew the biosecurity registration due to the occurrence of an emergency; or (e) on any prescribed ground; or (f) for any other reason that the relevant Chief Officer considers to be sufficient reason for refusing to renew the biosecurity registration. (4) If the relevant Chief Officer refuses to renew a registered entity's biosecurity registration, the relevant Chief Officer must, by written notice— (a) notify the registered entity of the decision; and (b) provide the registered entity with the reasons for the decision; and (c) notify the registered entity that the registered entity may apply for a review of the decision under Part 13. Division 4—Conditions of biosecurity registration 60—Conditions of biosecurity registration (1) The relevant Chief Officer may impose conditions on a registered entity's biosecurity registration— (a) at the time of the grant, or renewal, of the biosecurity registration; and (b) at any other time by variation to the biosecurity registration under section 57. (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 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 type of conditions that may be imposed on the biosecurity registration. 61—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. 62—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 to put in place specified measures, to prevent, eliminate, minimise, control or manage the biosecurity risk of a biosecurity dealing. 63—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 relevant Chief Officer. (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. 64—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. 65—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, mandatory biosecurity audits and may provide for the frequency of biosecurity audits. 66—Conditions requiring financial assurances 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 Chief Executive; (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 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 relevant Chief Officer grants, renews, varies, suspends or cancels the biosecurity registration. (3) A condition imposing a financial assurance may specify the assurance to be in 1 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 relevant Chief Officer. (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 it 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 assistance 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, a relevant Chief Officer; and (ii) the circumstances when the relevant Chief Officer, or a person authorised by the relevant Chief Officer, 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 administrative requirements in relation to the financial assurance; (g) the release of the financial assurance. 67—Conditions for record keeping and the provision of information A condition imposed on a registered entity's biosecurity registration may require the registered entity— (a) to keep records or other information specified in the condition or determined from time to time by the relevant Chief Officer; and (b) to provide, in a manner and form determined by the relevant Chief Officer, such records or other information as the relevant Chief Officer may from time to time require. 68—Conditions to take effect later (1) A condition of a registered entity's biosecurity registration may provide that an authorisation conferred by the biosecurity registration does not take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs. (2) Without limiting subsection (1), the conditions may provide that an authorisation or variation will not take effect until a financial assurance is provided in accordance with a condition. 69—Failure to comply with condition (1) A registered entity must not contravene a condition of the registered entity's biosecurity registration. (2) A person who commits an offence against subsection (1) because the person contravenes a condition— (3) A penalty imposed in respect of an offence under subsection (1) is in addition to any action taken under Division 5 for the contravention of the condition. Division 5—Suspension, cancellation or surrender of biosecurity registration 70—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 ceased to undertake the regulated dealing authorised by the biosecurity registration; (b) the registered entity has contravened this Act or a corresponding law; (c) without limiting paragraph (b), the registered entity has contravened a condition of the registered entity's biosecurity registration; (d) the registered entity is not a suitable person to engage in the regulated dealing authorised by the biosecurity registration or, in the case of a body corporate, a director is not a suitable person to be a director of a body corporate that is engaged in the regulated dealing authorised by the biosecurity registration; (e) an application relating to the biosecurity registration of the registered entity was false or misleading in a material particular; (f) the registered entity has failed to pay fees or charges payable by the registered entity under this Act; (g) it is in the interests of public safety to suspend or cancel the registration; (h) the relevant Chief Officer receives information about the registered entity and the relevant Chief Officer is of the opinion that, had the information been received at the time when the application for biosecurity registration was made in respect of the registered entity, the relevant Chief Officer would have refused the application; (i) the suspension or cancellation is necessary in an emergency; (j) any other prescribed ground. 71—Suspension of biosecurity registration (1) The relevant Chief Officer may, by written notice to a registered entity, suspend the biosecurity registration of the registered entity if the relevant Chief Officer is satisfied that there are grounds for the suspension of registration. (3) Before suspending the biosecurity registration of a registered entity, the relevant Chief Officer must— (a) give written notice to the registered entity of the relevant Chief Officer's intention to suspend the biosecurity registration and the proposed grounds for doing so; and (b) allow the registered entity at least 14 days to make a submission to the relevant Chief Officer about the proposed suspension before the suspension is to occur; and (c) take into account any submission made to the relevant Chief Officer by the registered entity before the deadline for the making of a submission. (4) The relevant Chief Officer is not required to give notice under subsection (3) of a proposed suspension if the relevant Chief Officer is of the opinion that the suspension is required urgently because of the biosecurity impact of the regulated dealing being carried out by the registered entity, or in an emergency. (5) However, if the relevant Chief Officer suspends a registered entity's biosecurity registration without giving notice under subsection (3), the relevant Chief Officer must— (a) give the registered entity written notice of the grounds of the suspension as soon as practicable after the suspension occurs; and (b) invite the registered entity to make a submission to the relevant Chief Officer about the suspension by a specified deadline (being at least 14 days after the notice is given to the registered entity). (6) If the registered entity makes a submission to the relevant Chief Officer about the suspension before the specified deadline, the relevant Chief Officer must— (b) give written notice of that decision to the registered entity. (7) A notice under subsection (1) or (6) must also provide information about the right to apply for a review of the decision to suspend the registration under Part 13. 72—Cancellation of biosecurity registration (1) The relevant Chief Officer may, by written notice to a registered entity, cancel the biosecurity registration of the registered entity if the relevant Chief Officer is satisfied that there are grounds for the cancellation of registration. (3) Before cancelling the biosecurity registration of a registered entity, the relevant Chief Officer must— (a) give written notice to the registered entity of the relevant Chief Officer's intention to cancel the biosecurity registration and the proposed grounds for doing so; and (b) allow the registered entity at least 14 days to make a submission to the relevant Chief Officer about the proposed cancellation before the cancellation is to occur; and (c) take into account any submission made to the relevant Chief Officer by the registered entity before the deadline for the making of a submission. (4) The relevant Chief Officer is not required to give notice under this section of a proposed cancellation if the biosecurity registration of the registered entity is suspended and either— (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 for making that submission has ended. (5) A notice under subsection (1) must also provide information about the right to apply for a review of the decision to cancel the registration under Part 13. 73—Surrender of biosecurity registration (1) A registered entity may surrender the registered entity's biosecurity registration in respect of a regulated dealing. (2) The surrender of a registered entity's biosecurity registration must— (b) be made to the relevant Chief Officer; and (c) be accompanied by the relevant prescribed fee; and (d) include or be accompanied by any information or evidence required by the relevant Chief Officer to determine the consequences that may result from the surrender of the biosecurity registration. (3) The surrender of a registered entity's biosecurity registration does not take effect until the relevant Chief Officer has given the registered entity written notice that the relevant Chief Officer is satisfied that all biosecurity matter and carriers will be dealt with appropriately by the registered entity. (4) On the surrender of a registered entity's biosecurity registration taking effect, the biosecurity registration is cancelled. 74—Effect of suspension, cancellation or surrender (1) A registered entity's biosecurity registration may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the relevant Chief Officer may impose. (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 (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 relevant Chief Officer may, by written notice given to the registered entity or former registered entity, vary a condition imposed under this section. (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. Division 6—Identification codes 75—Identification codes (1) The regulations may provide for 1 or more schemes for the allocation by a Chief Officer of codes identifying— (a) biosecurity matter; or (b) places where biosecurity matter of a specified class may be kept or handled; or (c) persons who may be authorised to keep or handle biosecurity matter under a particular scheme. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the period for which an identification code remains active and the renewal of an identification code; and (b) the persons who may apply for the allocation or renewal of an identification code or who may make other applications relating to an identification code; and (c) the cancellation of an identification code; and (d) the association of other codes identifying biosecurity matter with an identification code; and (e) the determination at the discretion of a Chief Officer of the boundaries of a place allocated an identification code and the variation of those boundaries; and (f) the keeping of a record of identification codes and other information and the circumstances in which information may or may not be made available. (3) If a person does not have a current identification code as required by the regulations, the person is guilty of an offence.

Part 6—Biosecurity accreditation, auditing and certification—administration 76—Interpretation amendment of an appointment policy or an accreditation policy includes an addition, revocation or substitution; relevant authorisation means— (a) in relation to an accreditation authority, the approval of a person as an accreditation authority; and (b) in relation to a biosecurity auditor, the appointment of a person as a biosecurity auditor; and (c) in relation to a biosecurity certifier, the accreditation of a person as a biosecurity certifier; relevant decision-maker means— (a) in the case of an application relating to an accreditation authority—the Chief Executive; and (b) in the case of an application relating to a biosecurity auditor—an accreditation authority; and (c) in the case of an application relating to a biosecurity certifier—an accreditation authority. 77—Appointment policy for biosecurity auditors (1) An accreditation authority that is authorised to appoint biosecurity auditors under this Act must adopt a policy in relation to the appointment of biosecurity auditors (an appointment policy). (2) An appointment policy may make provision for, or in respect to, the following matters: (a) the qualifications, skills, knowledge and experience required for a person to be appointed as a biosecurity auditor by the accreditation authority; (b) the suitability of a person to carry out the function of performing biosecurity audits as a biosecurity auditor appointed by the accreditation authority; (c) any other prescribed matter. (3) An appointment policy adopted by an accreditation authority (other than the Chief Executive) has no effect unless it, and any amendment to it, have been approved by the Chief Executive. (a) is minor in nature or for the purposes of correcting an error; or (iii) the provider of a course or qualification; or (5) An accreditation authority must ensure that an appointment policy is publicly available. (6) An accreditation authority may adopt different appointment policies for different types or classes of— (a) biosecurity auditors; or (b) biosecurity audits. (7) A reference in this Act to an appointment policy is a reference to the appointment policy, as adopted by the relevant accreditation authority, that is relevant to the appointment or type of appointment to which the reference relates. 78—Accreditation policy for biosecurity certifiers (1) An accreditation authority that is authorised to accredit biosecurity certifiers under this Act must adopt a policy in relation to the accreditation of biosecurity certifiers (an accreditation policy). (2) An accreditation policy may make provision for, or in respect to, the following matters: (a) the qualifications, skills, knowledge and experience required for a person to be accredited as a biosecurity certifier by the accreditation authority; (b) the suitability of a person to carry out the function of issuing biosecurity certificates as a biosecurity certifier accredited by the accreditation authority; (c) any other prescribed matter. (3) An accreditation policy adopted by an accreditation authority (other than the Chief Executive) has no effect unless it, and any amendment to it, have been approved by the Chief Executive. (a) is minor in nature or for the purposes of correcting an error; or (iii) the provider of a course or qualification; or (5) An accreditation authority must ensure that an accreditation policy is publicly available. (6) An accreditation authority may adopt an accreditation policy for each type of accreditation. (7) A reference in this Act to an accreditation policy is a reference to the accreditation policy, as adopted by the relevant accreditation authority, that is relevant to the accreditation to which the reference relates. Division 2—Accreditation authorities 79—Accreditation authorities (1) For the purposes of this Act, an accreditation authority includes— (a) the Chief Executive; and (b) a person approved by the Chief Executive to be an accreditation authority. (2) An accreditation authority is authorised under this Act— (a) to appoint persons as biosecurity auditors or to accredit persons as biosecurity certifiers; and (b) to require biosecurity audits to be performed in certain circumstances. (3) An approval by the Chief Executive under subsection (1)(b) may authorise the accreditation authority to act as an accreditation authority in respect of— (a) a specified class of biosecurity auditors or biosecurity audits; or (b) a specified class of biosecurity certifiers or biosecurity certificates. (4) An approval by the Chief Executive under subsection (1)(b) may be subject to such conditions and limitations as the Chief Executive thinks fit. (5) For the purposes of this Act, a reference to an accreditation authority in respect of a function or power of an accreditation authority only includes a reference to a person approved by the Chief Executive under subsection (1)(b) if the person has been approved to perform the function or to exercise the power. 80—Responsible accreditation authority (1) Subject to this section, the accreditation authority that— (a) appoints a person as a biosecurity auditor; or (b) grants accreditation to a person as a biosecurity certifier, is the responsible accreditation authority in relation to that appointment or accreditation (as the case may be). (2) If an accreditation authority other than the responsible accreditation authority under subsection (1)— (a) renews a biosecurity auditor's appointment as a biosecurity auditor; or (b) renews a biosecurity certifier's appointment as a biosecurity certifier, the accreditation authority that renews the appointment or accreditation is then taken to be the responsible accreditation authority in relation to that appointment or accreditation. (3) For the purposes of this Act, the Chief Executive may, but is not required to, perform or exercise any of the functions or powers of the responsible accreditation authority in relation to an appointment or accreditation for which there is a responsible accreditation authority. (4) If a responsible accreditation authority ceases to be an accreditation authority in respect of an appointment or accreditation for which it is a responsible accreditation authority— (a) the accreditation authority ceases to be the responsible accreditation authority in respect of the appointment or accreditation; and (b) the functions and powers of a responsible accreditation authority in respect of the appointment may be performed by— (i) an accreditation authority approved by the Chief Executive to perform or exercise those functions or powers in respect of the appointment or accreditation; or (ii) an accreditation authority approved by the Chief Executive as the responsible accreditation authority in respect of the appointment or accreditation; or (iii) if no accreditation authority has been so approved under subparagraph (i) or (ii), the Chief Executive. Division 3—Applications 81—Applications (1) A person may apply to the relevant decision-maker for— (a) approval as an accreditation authority; or (b) appointment as a biosecurity auditor; or (c) accreditation as a biosecurity certifier. (a) be made in a form approved by the relevant decision-maker; and (b) include, or be accompanied by, any prescribed information or evidence; and (c) include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and (d) be accompanied by the relevant application fee specified in subsection (3), if any. (a) if the relevant decision-maker is the Chief Executive, the prescribed amount; or (4) If an application is made to a relevant decision-maker other than the Chief Executive, the application fee in relation to the application is payable to, and is to be retained by, the relevant decision-maker. (5) The relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application. (6) A person who is applying under subsection (1)(b) or (c) must allow an authorised officer or a biosecurity auditor, acting at the request of the relevant decision-maker, to inspect any premises, vehicles, facilities, plant or equipment, or any other thing, proposed to be used by the person in connection with the performance of the functions or the exercise of the powers of a biosecurity auditor or biosecurity certifier (as the case may be). (7) The applicant may, with the approval of the relevant decision-maker or at the request of the relevant decision-maker, amend the application before the relevant decision-maker has finished considering it. 82—Grant or refusal of application (1) The relevant decision-maker may, after considering an application under this Division, grant the relevant authorisation with or without conditions, or refuse to grant the relevant authorisation, to the applicant. (2) The relevant decision-maker must refuse to grant the relevant authorisation in prescribed circumstances. (3) The relevant decision-maker may refuse to grant the relevant authorisation to the applicant— (a) if the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or (b) if the relevant decision-maker is not satisfied that the applicant has the qualifications, skills, knowledge and experience required under this Act for the relevant authorisation; or (c) if the relevant decision-maker is not satisfied— (i) that the applicant is a suitable person to be granted the relevant authorisation; or (ii) if the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is to be granted the relevant authorisation; or (e) for any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application. (4) If the relevant decision-maker grants an application under this Division, the relevant decision-maker must— (a) by written notice, notify the applicant of the decision; and (b) issue the applicant with a certificate or identity card in an approved form. (5) If the relevant decision-maker refuses to grant the relevant authorisation, the relevant decision-maker must, by written notice— (6) If the relevant decision-maker fails to give an applicant notice of a decision to grant or to refuse the relevant authorisation within the prescribed period, the relevant decision-maker is taken to have refused to grant the relevant authorisation. 83—Scope of appointment or accreditation (1) In relation to the appointment of a person as a biosecurity auditor, the responsible accreditation authority, in the instrument of appointment (and as part of the relevant authorisation)— (a) may specify a class or classes of biosecurity audits that the biosecurity auditor is authorised to perform; and (b) may specify other limitations that apply in relation to the appointment of the biosecurity auditor. (2) In relation to the accreditation of a person as a biosecurity certifier, the responsible accreditation authority, in the instrument of accreditation (and as part of the relevant authorisation)— (a) must specify— (i) the class or classes of biosecurity certificates that the biosecurity certifier is accredited to issue; and (ii) the class or classes of biosecurity matter or carriers in respect of which the biosecurity certifier is authorised to act; and (b) may specify other limitations that apply in relation to the accreditation of the biosecurity certifier. (3) To avoid doubt, nothing in this Act authorises or requires a biosecurity auditor or biosecurity certifier to act in contravention of a condition or limitation of the biosecurity auditor's appointment as a biosecurity auditor or the biosecurity certifier's accreditation as a biosecurity certifier (as the case may be). 84—Duration of relevant authorisation (1) A relevant authorisation remains in force for a period, not exceeding 5 years, specified by the relevant decision-maker, unless sooner cancelled or suspended. (2) A relevant authorisation has no effect during any period during which the relevant authorisation is suspended. (3) A relevant authorisation may be renewed in accordance with Division 4. 85—Variation of relevant authorisation (1) A relevant decision-maker may, at any time, by written notice, vary a person's— (a) approval as an accreditation authority; or (b) appointment as a biosecurity auditor; or (c) accreditation as a biosecurity certifier. (b) on the application of the holder of the relevant authorisation. (3) A variation of a relevant authorisation may include the variation of a condition of the relevant authorisation. (a) the form and procedure for an application for a variation; and (b) matters to be included in a notice of variation, or in a notice of a decision to refuse an application for a variation. (5) A prescribed fee may be payable in relation to an application for a variation. Division 4—Renewal of relevant authorisation 86—Applications to renew (1) The holder of a relevant authorisation may apply to the relevant decision-maker for renewal of the relevant authorisation. (a) be made at least 28 days before the expiry of the relevant authorisation, or within such shorter period as the relevant decision-maker may, in its absolute discretion, allow; and (b) be made in a form approved by the relevant decision-maker; and (c) include, or be accompanied by, any prescribed information or evidence; and (d) include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and (e) be accompanied by the relevant application fee specified in subsection (3), if any. (a) if the relevant decision-maker is the Chief Executive, the prescribed amount; or (4) If an application is made to a relevant decision-maker other than the Chief Executive, the application fee in relation to the application is payable to, and is to be retained by, the relevant decision-maker. (5) The relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application. (6) If an application for renewal of a relevant authorisation is duly made to the relevant decision-maker within the period applying under subsection (2)(a), the relevant authorisation is taken to continue in force until the relevant decision-maker notifies the applicant of a decision to grant or refuse the application. (7) Nothing in subsection (6) prevents the relevant authorisation from being suspended or cancelled in accordance with this Act before the expiry of the relevant authorisation. 87—Grant or refusal of renewal of relevant authorisation (1) The relevant decision-maker may, after considering an application for renewal of a relevant authorisation, renew the relevant authorisation with or without conditions, or refuse to renew the relevant authorisation. (2) The relevant decision-maker must refuse to renew the relevant authorisation in prescribed circumstances. (3) The relevant decision-maker may refuse to renew the relevant authorisation— (a) if the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or (b) if the relevant decision-maker is not satisfied that the applicant has the qualifications, skills, knowledge and experience required under this Act to continue to hold the relevant authorisation; or (c) if the relevant decision-maker is not satisfied— (i) that the applicant is a suitable person to continue to hold the relevant authorisation; or (ii) if the applicant is a body corporate—that each director of the body corporate is a suitable person to be a director of a body corporate that is the holder of the relevant authorisation; or (e) for any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application. (4) If the relevant decision-maker refuses to renew a relevant authorisation, the relevant decision-maker must, by written notice— Division 5—Conditions of relevant authorisation 88—Conditions of relevant authorisation (1) A relevant decision-maker (including such an entity acting as the responsible accreditation authority) may impose conditions on a person's relevant authorisation— (a) at the time of the grant, or renewal, of the relevant authorisation; or (b) at any other time by variation to the relevant authorisation under section 85. (2) In addition to any condition imposed on a person's relevant authorisation under subsection (1), the relevant authorisation may be subject to prescribed conditions. (3) Unless expressly provided under this Act, a section of this Division that authorises a type of condition to be imposed on a person's relevant authorisation does not— (a) prevent other conditions being imposed on the relevant authorisation; or (b) limit the type of condition that may be imposed on the relevant authorisation. 89—Conditions of approval as accreditation authority (1) Approval as an accreditation authority is subject to the condition that the functions of the accreditation authority under this Act will be carried out only by individuals who are notified to the Chief Executive (in such manner as the Chief Executive thinks fit) as individuals who are to carry out those functions for the accreditation authority. (2) A condition imposed on an approval as an accreditation authority may require the accreditation authority to perform the functions of an accreditation authority in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument. 90—Conditions of appointment as a biosecurity auditor (1) Appointment as a biosecurity auditor is subject to the condition that the conduct of biosecurity audits by the biosecurity auditor will be carried out only by an individual— (a) who has the qualifications, skills, knowledge and experience required by the relevant decision-maker appointment policy; and (b) who is the biosecurity auditor or an identified individual with respect to the conduct of biosecurity audits by the biosecurity auditor. (2) A condition imposed on an appointment as a biosecurity auditor may— (a) require the biosecurity auditor to perform the functions of a biosecurity auditor in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument; (b) limit the area of the State in which the biosecurity auditor may perform the functions of a biosecurity auditor; (c) fix fees to be paid to the responsible accreditation authority. 91—Conditions of accreditation as a biosecurity certifier A condition imposed on the accreditation of a biosecurity certifier may— (a) require the biosecurity certifier to perform the functions of a biosecurity certifier in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument; (b) require the biosecurity certifier to take out and maintain a policy of insurance that indemnifies the biosecurity certifier against any liability to which the biosecurity certifier may become subject in connection with the performing, or purporting to perform, the functions of a biosecurity certifier; (c) require the biosecurity certifier to keep specified records and to provide to the responsible accreditation authority, in a manner and form determined by the responsible accreditation authority, such information as the responsible accreditation authority may specify from time to time; (d) provide for an audit to be conducted from time to time of all or part of the biosecurity certifier's operations (at a cost to be charged to the biosecurity certifier) and for the reporting of the results of the audit to the responsible accreditation authority or the Chief Executive (or both). 92—Failure to comply with condition (1) An accreditation authority must not contravene a condition of the accreditation authority's approval as an accreditation authority. (2) A biosecurity auditor must not contravene a condition of the biosecurity auditor's appointment as a biosecurity auditor. (3) A biosecurity certifier must not contravene a condition of the biosecurity certifier's accreditation as a biosecurity certifier. (4) A person who commits an offence under this section because the person contravenes a condition— (a) continues, until the contravention ceases, to be liable for a contravention of the relevant subsection; and (5) A penalty imposed in respect of an offence under this section is in addition to any action taken under Division 6 for the contravention of the condition. Division 6—Suspension, cancellation or surrender of relevant authorisation 93—Grounds for suspension or cancellation of relevant authorisation Each of the following is grounds for suspending or cancelling a relevant authorisation: (a) the holder of the relevant authorisation has contravened this Act or a corresponding law; (b) without limiting paragraph (a), the holder of the relevant authorisation has contravened a condition of the relevant authorisation; (c) the holder of the relevant authorisation no longer has the qualifications, skills, knowledge or experience required under this Act to continue to hold the relevant authorisation; (d) the holder of the relevant authorisation is not a suitable person to continue to hold the relevant authorisation or, in the case of a body corporate, a director is not a suitable person to be a director of a body corporate that is the holder of the relevant authorisation; (e) an application relating to the relevant authorisation was false or misleading in a material particular; (f) the relevant decision-maker receives information about the holder of the relevant authorisation and the relevant decision-maker is of the opinion that, had the information been received at the time when the application for the relevant authorisation was made in respect of the holder of the relevant authorisation, the relevant decision-maker would have refused the application; (g) the holder of the relevant authorisation has ceased to undertake the activity authorised under the relevant authorisation; (h) the holder of the relevant authorisation has failed to pay a fee or charge under this Act within the time required for payment; (i) any other prescribed ground. 94—Suspension of relevant authorisation (1) The relevant decision-maker may, by written notice to the holder of a relevant authorisation, suspend the relevant authorisation if the relevant decision-maker is satisfied that there are grounds for the suspension of the relevant authorisation. (3) Before suspending the relevant authorisation, the relevant decision-maker must— (a) give written notice to the holder of the relevant authorisation of the relevant decision-maker's intention to suspend the relevant authorisation and the proposed grounds for doing so; and (b) allow the holder of the relevant authorisation at least 14 days to make a submission to the relevant decision-maker about the proposed suspension; and (c) take into account any submission made to the relevant decision-maker by the holder of the relevant authorisation before the deadline for the making of a submission. (4) If the holder of the relevant authorisation makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must— (a) decide whether the suspension should proceed, having regard to that submission; and (5) A notice under subsection (1) or (4) must also provide information about the right to apply for a review of the decision to suspend the relevant authorisation under Part 13. 95—Cancellation of relevant authorisation (1) The relevant decision-maker may, by written notice to the holder of a relevant authorisation, cancel the relevant authorisation if the relevant decision-maker is satisfied that there are grounds for the cancellation of the relevant authorisation. (3) Before cancelling the relevant authorisation, the relevant decision-maker must— (a) give written notice to the holder of the relevant authorisation of the relevant decision-maker's intention to cancel the relevant authorisation and the proposed grounds for doing so; and (b) allow the holder of the relevant authorisation at least 14 days to make a submission to the relevant decision-maker about the proposed cancellation; and (c) take into account any submission made to the relevant decision-maker by the holder of the relevant authorisation before the deadline for the making of a submission. (4) If the holder of the relevant authorisation makes a submission to the relevant decision-maker about the cancellation before the specified deadline, the relevant decision-maker must— (a) decide whether the cancellation should proceed, having regard to that submission; and (5) The relevant decision-maker is not required to give notice under this section of a proposed cancellation if the relevant authorisation is suspended and either— (a) the holder of the relevant authorisation was given an opportunity to make a submission about the suspension before the suspension took effect; or (b) the holder of the relevant authorisation was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified for making that submission has ended. (6) A notice under subsection (1) or (4) must also provide information about the right to apply for a review of the decision to cancel the relevant authorisation under Part 13. (7) If a relevant authorisation is cancelled under this section, the person who held the relevant authorisation must return immediately to the relevant decision-maker any identity card or similar document that was issued to the person in connection with the relevant authorisation. Maximum penalty: $1 000. 96—Immediate suspension in certain circumstances (1) The relevant decision-maker may immediately, and without notice, suspend a relevant authorisation if satisfied that— (a) the suspension is necessary for public health or safety; or (b) the holder of the relevant authorisation has failed to comply with the relevant authorisation and that failure is of such significance that the relevant authorisation should be suspended; or (c) the holder of the relevant authorisation has engaged in fraudulent behaviour under the relevant authorisation. (2) However, if the relevant decision-maker suspends a relevant authorisation without giving prior notice to the holder of the relevant authorisation, the relevant decision maker must— (a) give the holder of the relevant authorisation written notice of— (i) the grounds for the suspension; and (ii) the actions required, if any, for the suspension to be lifted; and (b) invite the holder of the relevant authorisation to make a submission to the relevant decision-maker about the suspension by a specified deadline that is at least 14 days after the notice is given to the holder of the relevant authorisation. (3) If the holder of the relevant authorisation makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must— 97—Surrender of relevant authorisation (1) The holder of a relevant authorisation may surrender the relevant authorisation. (2) The surrender of a relevant authorisation must— (a) be made to the relevant decision-maker; and (b) be made in a form approved by the relevant decision-maker; and (c) be accompanied by the applicable application fee specified in subsection (3), if any; and (d) include or be accompanied by any information or evidence required by the relevant decision-maker to determine the consequences that may result from the surrender of the relevant authorisation. (a) of the relevant decision-maker is the Chief Executive, the prescribed amount; or (4) The surrender of a relevant authorisation does not take effect until the relevant decision-maker has given the holder of the relevant authorisation written notice that the surrender of the relevant authorisation is approved. (5) On the surrender of a registered entity's biosecurity registration taking effect, the biosecurity registration is cancelled. 98—Effect of suspension, cancellation or surrender (1) A relevant authorisation may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the relevant decision-maker may impose. (i) that all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the relevant authority; and (b) may include, but is not limited to, any conditions to which the relevant authorisation was subject immediately before it was suspended, cancelled or surrendered. (3) The relevant decision-maker may, by written notice given to the holder or former holder of the relevant authorisation, vary a condition imposed under this section. (4) A holder or former holder of the relevant authority must comply with a condition attached to the suspension, cancellation or surrender of the relevant authorisation.

Part 7—Biosecurity audits and certification Division 1—Biosecurity audits 99—Interpretation designated authority means— (b) a Chief Officer; or (c) an accreditation authority.

Subdivision 2—Authority to act 100—Biosecurity auditors (1) 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. (2) The authorisation of a biosecurity auditor to perform biosecurity audits is subject to— (a) any provision made by the responsible accreditation authority as to the class (or classes) of biosecurity audits that the biosecurity auditor is authorised to perform; and (b) any conditions or limitations that apply in relation to the appointment of the biosecurity auditor. 101—Approval of authorised officer to perform functions of biosecurity auditor (1) The Chief Executive 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 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 Chief Executive. (4) The Chief Executive may, by written instrument, revoke or vary 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. 102—Entry to premises by biosecurity auditor (1) A biosecurity auditor who is also an authorised officer may perform their functions as a biosecurity auditor on premises entered under their functions as an authorised officer. (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 their functions as an authorised officer. (3) Nothing in this section prevents a biosecurity auditor from— (a) entering or remaining on premises or doing something else on premises, with the consent of an occupier of the premises; or (b) entering or remaining on any public place while the place is open to the public; or (c) entering or remaining on premises or any public place in circumstances prescribed by the regulations. 103—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 in the circumstances (subject to any conditions of appointment as a biosecurity auditor).

Subdivision 3—Biosecurity audits generally 104—Biosecurity audits The following types of audits are biosecurity audits and may be performed under this Act by a biosecurity auditor: (a) an accreditation audit; (b) a compliance audit. 105—Biosecurity audit mandatory in certain circumstances (1) A biosecurity audit is mandatory if a designated authority has required the audit to be performed. (2) Nothing in this section prevents a biosecurity audit from being voluntarily performed at any time. 106—Reporting requirements (1) A biosecurity auditor must prepare a written report about each biosecurity audit performed by the biosecurity auditor. (2) A copy of the report must be submitted in accordance with subsection (3)— (a) to the person who required the audit to be performed; and (b) to the audit target. (3) A copy of a report submitted under subsection (2) must be submitted— (a) within 21 days after completion of the biosecurity audit; or (b) if another period is prescribed by the regulations, within the prescribed period. (4) A report under this section must include the following information: (a) whether or not the audit target is complying, and capable of complying, with this Act; (b) if the biosecurity auditor believes that the audit target is not complying with, or not capable of complying with, this Act, the reasons for that belief; (c) if the biosecurity auditor indicates contravention of this Act or other deficiencies— (i) the nature of those contraventions or other deficiencies; and (ii) the actions that are required to remedy those contraventions or deficiencies; (d) if a previous biosecurity audit has indicated contraventions or other deficiencies, the actions (if any) that have been taken to remedy those contraventions or other deficiencies; (e) such other matters as may be prescribed. (5) A biosecurity auditor must provide a copy of a report to the Chief Executive or the relevant Chief Officer if so directed to do so by the Chief Executive or relevant Chief Officer. 107—Biosecurity auditor to provide immediate report in certain circumstances (1) A biosecurity auditor must report to the relevant Chief Officer if, during a biosecurity audit, the biosecurity auditor becomes aware of, or suspects, any of the following occurrences: (a) any incidence of critical non-compliance by the audit target; (b) that a biosecurity certificate has been issued that is false or misleading in a material particular; (c) that a person is in possession of biosecurity matter in contravention of this Act; (d) the occurrence or likely occurrence of a biosecurity event; (e) any occurrence of a kind prescribed by the regulations. (2) A report under subsection (1) must be given orally to the relevant Chief Officer— (a) as soon as possible; and (b) no later than 24 hours after the biosecurity auditor becomes aware of the occurrence. (3) A biosecurity auditor must give the relevant Chief Officer a written report under subsection (1) within 5 days after becoming aware of the occurrence. (4) For the purposes of this Act, the requirement to make a report under this section is taken to be a condition of appointment of each biosecurity auditor.

Subdivision 4—Accreditation audits 108—Accreditation audits An accreditation audit is an audit that is performed in respect of a person— (a) to determine whether the person is eligible— (i) to hold biosecurity registration; or (ii) to be appointed as a biosecurity auditor; or (iii) to hold accreditation as a biosecurity certifier; or (iv) to hold a permit under this Act; or (b) to assess whether the person is capable of complying, or is reasonably likely to comply, with this Act. 109—Imposition of requirement to perform accreditation audit (1) The Chief Executive may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, approval to perform any of the functions of an accreditation authority under this Act. (2) A Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, biosecurity registration under this Act. (3) A Chief Officer may require an accreditation audit to be performed in relation to an application for the grant or renewal of, or variation to, a permit under this Act. (4) An accreditation authority may require an accreditation audit to be performed in relation to the following applications to be determined by an accreditation authority: (a) an application for the grant or renewal of, or a variation to, appointment as a biosecurity auditor; (b) an application for the grant or renewal of, or a variation to, accreditation as a biosecurity certifier. (5) An accreditation authority, other than the Chief Executive, must require an accreditation audit to be performed in relation to an application— (a) if directed to do so by the Chief Executive; or (b) if required to do so under the conditions of its approval as an accreditation authority. (6) If an accreditation audit is required to be performed under this section, the audit target must be notified in accordance with the regulations. 110—Engagement of auditor A designated authority that requires an accreditation audit to be performed may— (a) engage a biosecurity auditor to perform the audit; or (b) direct the audit target to engage a biosecurity auditor to perform the audit and specify requirements relating to— (i) the engagement of the biosecurity auditor; and (ii) the scope of the accreditation audit to be performed. 111—Functions of biosecurity auditors - accreditation audits (1) A biosecurity auditor has the following functions in connection with a biosecurity audit, subject to any limitations specified in the biosecurity auditor's instrument of engagement as a biosecurity auditor: (a) to assess the audit target's suitability for the grant, renewal or variation of the biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires); (b) to assess whether the audit target has the qualifications, skills, knowledge and experience (if any) required for biosecurity registration, approval as an accreditation authority, appointment as a biosecurity auditor, accreditation as a biosecurity certifier, or a permit (as the case requires); (c) to assess the audit target's compliance with, and capability of complying with, the requirements imposed or proposed to be imposed by or under this Act; (d) to report, to the person who requires the accreditation audit, on the biosecurity auditor's assessment of those matters. (2) A biosecurity auditor has such other functions in connection with a biosecurity audit as are— (a) prescribed by the regulations; or (b) subject to the regulations, conferred on the biosecurity auditor by the biosecurity auditor's instrument of engagement for the accreditation audit. 112—Recovery of fee for accreditation audits (1) If an accreditation audit is carried out by a biosecurity auditor who is an authorised officer, a fee for the performance of the accreditation audit prescribed under this Act or calculated in accordance with a fee notice made under section 306(11) is payable by the audit target in accordance with the regulations (and may be recovered in accordance with the regulations). (2) An audit target is responsible for any fee payable in connection with an accreditation audit performed by a biosecurity auditor who is not an authorised officer (being a fee specified by the biosecurity auditor for the conduct of the audit and recoverable by the biosecurity auditor as a debt). 113—Use of biosecurity audits The person who requires an accreditation audit must have regard to that accreditation audit in performing the person's functions under the Act in relation to the audit target.

Subdivision 5—Compliance audits 114—Compliance audits A compliance audit is an audit that is performed for any of the following purposes: (a) to assess a person's compliance with, or capability of complying with, this Act; (b) to assess or identify any contravention or suspected contravention of this Act (including any contravention or other deficiency identified in another audit); (c) to identify measures for improved compliance with this Act. 115—Imposition of requirement to perform compliance audit (1) The Chief Executive or a Chief Officer may require a compliance audit to be performed in relation to any person at any time. (2) An accreditation authority, other than the Chief Executive, may require a compliance audit to be performed in relation to a person who is, or has been, a biosecurity auditor or biosecurity certifier at any time, but only if the accreditation authority is, or was, the responsible accreditation authority for the appointment or accreditation of the person. (3) An accreditation authority that requires a compliance audit to be performed must give the audit target notice of the decision to require a compliance audit, unless the giving of notice would defeat the purpose of the audit. 116—Decision to require compliance audits (1) A designated authority must have regard to the following in making a decision about whether to require a compliance audit or the frequency of compliance audits: (a) the designated authority's audit frequency policy; (b) the compliance history of the audit target; (c) any previous biosecurity audits performed in relation to the audit target that the designated authority considers relevant (including any deficiencies identified in those audits); (d) any information provided to the designated authority by authorised officers about compliance with this Act; (e) any other matters that the designated authority considers relevant. (2) An accreditation authority (other than the Chief Executive) must require a compliance audit to be undertaken in relation to a person if— (a) it is directed to do so by the Chief Executive; or (b) it is required to do so under a condition of its approval as an accreditation authority. (3) If the Chief Executive directs an accreditation authority to require a compliance audit, subsection (1) applies to the decision of the Chief Executive to make such a direction as if it were a decision about whether to require the compliance audit. 117—Audit frequency policy (1) A designated authority must adopt a policy (an audit frequency policy) in relation to the frequency of audits which may be performed for the purposes of this Act. (2) An audit frequency policy may make provision for, or with respect to, the following matters: (a) the frequency of compliance audits; (b) any other matters that are prescribed by the regulations. (3) An audit frequency policy adopted by an accreditation authority, other than the Chief Executive, has no effect unless it, and any amendment to it, has been approved by the Chief Executive. (a) is minor in nature or for the purpose of correcting an error; or (iii) the provider of a course or a qualification; or (5) A designated authority must ensure that an audit frequency policy is publicly available. (6) An audit frequency policy may apply generally or apply differently according to different factors of a specified kind, including but not limited to the following: (a) the type of biosecurity matter involved; (b) the type of activity involved and the level of biosecurity risk associated with that activity; (c) the class of biosecurity registration or accreditation involved (if relevant). (7) A designated authority may adopt an audit frequency policy for each type of accreditation. (8) A reference in this Act to an audit frequency policy is a reference to the audit frequency policy that is relevant to the audit concerned. 118—Engagement of auditor (1) A designated authority that requires a compliance audit may— (a) engage or appoint the biosecurity auditor to perform the audit; or (b) direct the audit target to engage a biosecurity auditor to perform the audit and specify requirements relating to— (i) the engagement of the biosecurity auditor; and (ii) the scope of the compliance audit to be performed. (2) A direction may only be given under subsection (1)(b) if the audit target is— (a) a registered entity; or (b) an accreditation authority other than the Chief Executive; or (c) a biosecurity auditor; or (d) a biosecurity certifier; or (e) the holder of a permit; or (f) an entity responsible for preparing a draft biosecurity program; or (g) a person who has entered into a biosecurity control agreement; or (h) a prescribed person or a person of a prescribed class. 119—Functions of biosecurity auditor—compliance audits (1) A biosecurity auditor has the following functions in connection with a compliance audit, subject to any limitations specified in the biosecurity auditor's instrument of appointment: (a) to assess the audit target's compliance with, and capability of complying with, this Act; (b) to assess or identify any contravention or suspected contravention of this Act (including any contravention or other deficiency identified in another biosecurity audit); (c) to identify measures for improved compliance with this Act; (d) to report, to the designated entity that requires the audit, on the biosecurity auditor's assessment of those matters. (2) A biosecurity auditor has such other functions in connection with a compliance audit as are— (a) prescribed by the regulations; or (b) subject to the regulations, conferred on the biosecurity auditor by the biosecurity auditor's instrument of engagement for the compliance audit. 120—Recovery of fee for compliance audit (1) If a compliance audit is carried out by a biosecurity auditor who is an authorised officer, a fee for the performance of the compliance audit prescribed under this Act or calculated in accordance with a fee notice under section 306(11) is payable by the audit target in accordance with the regulations (and may be recovered in accordance with the regulations). (2) An audit target is responsible for any fee payable in connection with a compliance audit performed by a biosecurity auditor who is not an authorised officer (being a fee specified by the biosecurity auditor for the conduct of the audit and recoverable by the biosecurity auditor as a debt). 121—Use of compliance audits A designated authority that requires a compliance audit must have regard to the compliance audit in performing the designated authority's functions under this Act in relation to the audit target.