Div 2Interpretation and key concepts

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.