Part 17Miscellaneous

Part 17—Miscellaneous 281—Reasonable suspicion of carrier (1) For the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that— (a) biosecurity matter is present in or on the animal, plant or other thing; or (b) the animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or (c) there is present, in or on the place where the animal, plant or other thing is kept, a vehicle, or other thing, that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in, or on, that other place. (2) For the purposes of this Act, a place may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that— (a) biosecurity matter is present in or on the place; or (b) there is present, in or on the place, a vehicle or other thing that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in or on that other place. (3) It is not necessary, in order to form a reasonable suspicion under this section that an animal or plant is a carrier of biosecurity matter, for the animal or plant to be exhibiting signs of infection or contamination or other signs that is it a carrier. (4) Nothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is a carrier of biosecurity matter. 282—Reasonable suspicion of infection (1) For the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that— (a) a disease agent is present in or on the animal, plant or thing; or (b) the animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there is or was an animal, plant or other thing infected with the disease. (2) For the purposes of this Act, a place may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that a disease agent is present in or on the place. (3) It is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infected with a disease, for the animal, plant, place or other thing to be exhibiting signs of the disease. (4) Nothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infected with a disease. 283—Reasonable suspicion of infestation (1) For the purposes of this Act, an animal, plant, place or other thing may reasonably be suspected of being infested with a pest if there are reasonable grounds for suspecting that— (a) the pest is present in or on the animal, plant, place or other thing; or (b) there is present, in or on the place or other thing, a vehicle or other thing that has been in or on another place when the pest was present in or on that other place. (2) It is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infested with a pest, for the animal, plant, place or other thing to be exhibiting signs of infestation with the pest. (3) Nothing in this section prevents the relevant Chief Officer, an authorised officer or any other person from using any other evidence or consideration available to the relevant Chief Officer, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infested with a pest. 284—Public warning statements (1) If, in the opinion of a Chief Officer, it is in the public interest to do so, the Chief Officer may make a public statement or erect signs at any public place identifying and giving warnings or information about any of the following: (a) any biosecurity matter, premises or other thing that, in the opinion of the Chief Officer, is affected with, or in danger of becoming affected with, a pest, disease, contaminant, pest infestation or infection; (b) the presence, or suspected presence, of a biosecurity risk or suspected biosecurity risk, or biosecurity event; (c) practices that, in the opinion of the Chief Officer, pose a biosecurity risk; (d) any other matter that, in the opinion of the Chief Officer, should be included in a statement or sign under this section. (2) A statement or sign under this section may identify any particular biosecurity matter, premises, thing, practices, persons or other matters. (3) The Crown incurs no liability for a statement made by the Chief Officer in good faith in the exercise or purported exercise of a power under this section. 285—Management of stray livestock (1) An owner or occupier of land may detain any stray livestock— (a) that is present on the land or in the vicinity of the land; and (b) that— (i) is known to be a biosecurity risk; or (ii) the owner or occupier has reason to suspect is a biosecurity risk. (2) If livestock is detained under this section— (a) the owner or occupier must manage the livestock in accordance with requirements prescribed by the regulations; and (b) if the livestock poses a biosecurity risk, the owner or occupier must comply with any requirements of this Act that apply in the circumstances; and (c) the owner or occupier must take steps to identify and make contact with the owner of the livestock as required by the regulations; and (d) if the owner or occupier cannot identify or make contact with the owner of the livestock within a period prescribed by the regulations, the owner or occupier may, in circumstances prescribed by the regulations, sell or destroy the livestock; and (e) the owner or occupier may recover their reasonable costs and expenses of acting under this section from the owner of the livestock after taking into account the proceeds of any sale under paragraph (d) (which proceeds the owner or occupier may retain to the extent necessary to cover their reasonable costs and expenses). 286—Facilities for temporary detention of stray livestock (1) The Chief Veterinary Officer may enter into an agreement with the owner or occupier of land to establish a facility for the temporary detention of stray livestock that poses, or may pose, a biosecurity risk. (2) Any livestock taken to a facility established under this section may be detained and managed in accordance with the regulations. (3) A person who is detaining livestock under this section must— (a) take steps to identify or make contact with the owner of the livestock as required by the regulations; and (b) if the livestock poses a biosecurity risk, comply with any requirements of this Act that apply in the circumstances; and (c) comply with any terms, conditions or requirements set out in an agreement under subsection (1). (4) A person who has established a facility under this section may, in circumstances prescribed by the regulations, sell or destroy livestock detained at the facility and recover any costs in accordance with a scheme prescribed by the regulations. 287—Implied contractual terms and conditions (1) The regulations may prescribe contractual terms and conditions providing for the rights and liabilities of purchasers and vendors of biosecurity matter, animal feed or fertiliser of a prescribed class in relation to the health, quality or condition of the biosecurity matter, animal feed or fertiliser. (2) Contractual terms and conditions prescribed by regulations under this section in relation to a class of biosecurity matter, class of animal feed or class of fertiliser will be implied into each contract for the sale of the biosecurity matter, animal feed or fertiliser of that class entered into while the regulations are in force. (3) However, the parties to such a contract may agree to exclude or modify the implied terms and conditions. 288—False or misleading information A person who furnishes information to a person involved in the administration of this Act that is false or misleading in a material particular is guilty of an offence. 289—Self-incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or other information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) However, if compliance by a natural person with a requirement might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or information (as distinct from the contents of the document or information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of making a false or misleading statement or providing false or misleading information). 290—Vicarious liability (1) For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency. (2) This section operates subject to section 254. 291—Service of orders, notices, directions and other instruments and documents (1) If this Act requires or authorises an order, notice, direction or other instrument or document (a prescribed instrument) to be served on, or given to, a person, the prescribed instrument may— (a) be served on, or given to, the person or an agent of the person; or (b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) be sent by post to the person or an agent of the person at the person's or agent's last known address; or (d) if the prescribed instrument is to be served on or given to the owner of land, the land is unoccupied, and the person seeking to serve or give the prescribed instrument has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served on or given to the owner by fixing it to some conspicuous part of the land; or (e) if the prescribed instrument is to be served on or given to the occupier of land—be sent by post to the occupier at the address of the land; or (f) be served on or given to the person by fixing it to, or leaving it on, a vehicle that the person is apparently in possession of, if the person serving or giving the prescribed instrument has reasonable grounds to believe that service in this matter will bring the prescribed instrument to the attention of the person to be served; or (g) be sent to an email address known to be used by the person (in which case the prescribed instrument will be taken to have been served or given at the time of transmission); or (h) be served or given in some other manner prescribed by the regulations. (2) Without limiting subsection (1), a prescribed instrument to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act. (3) Subject to the regulations, a prescribed instrument required or authorised to be served on, or given to, an owner or occupier of land may, if it is being served personally, be served on or given to the owner or occupier, or 1 of any joint owners or occupiers, as the case may be. (4) In addition, if a provision requires or authorises a notice to be given to the owner or occupier of premises, the notice may be given by leaving the notice— (a) in a letter box for the premises; or (b) at a prominent place on the relevant land. 292—Description of land in instruments Any land or premises are sufficiently described in an order, notice, direction or other instrument or document (a prescribed instrument) under this Act if the description of the land or premises allows no reasonable doubt as to the land or premises to which the prescribed instrument relates. 293—Statutory declarations designated official means— (d) an authorised officer. (2) If a person is required by or under this Act or furnish information to a designated official, the designated official may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the designated official. 294—Protection from liability (e) a public sector agency; or (f) any other person or body engaged in the administration or enforcement of this Act. (2) This section applies to the disclosure or provision of information to a designated person about— (a) a biosecurity risk or suspected biosecurity risk, or a biosecurity impact; or (b) a biosecurity event; or (c) any biosecurity matter or carrier, or any dealing with any biosecurity matter or carrier; or (d) any other matter that is relevant to the administration, operation or enforcement of this Act. (3) In a case where this section applies, information may be disclosed or provided despite any other enactment, law, policy, principle or agreement that prohibits or restricts the disclosure or provision of the information. (4) If information is disclosed or provided by a person in good faith in a case where this section applies, the person— (a) does not incur any civil or criminal liability; and (b) is not to be taken to have breached any duty of confidentiality; and (c) is not to be taken to have breached any professional ethics or standards or any principles of conduct applicable to the person's employment or to have engaged in unprofessional conduct. 295—Collection, use and disclosure of information (e) a public sector agency; or (f) any other person or body engaged in the administration or enforcement of this Act; public authority means— (a) a public sector agency; or (b) a public sector employee. (2) A designated person may collect and use information (including personal information and health information) in connection with the administration, operation or enforcement of this Act. (3) A designated person may, in connection with the administration, operation or enforcement of this Act, disclose information (including personal information and health information) about a person, without the consent of the person— (a) to a public authority; or (b) to any other person if the disclosure is reasonably necessary in connection with the administration, operation or enforcement of this Act. (4) A public authority may disclose to a designated person, at the request of the designated person, any information (including personal information and health information) about a person that the public authority holds, without the consent of the person, if the designated person believes that the information is reasonably necessary in connection with the administration, operation or enforcement of this Act. (5) Information may be disclosed or provided under this section despite any other enactment, law, policy, principle or agreement that prohibits or restricts the disclosure or provision of the information. (6) If information is disclosed or provided by a person in good faith under this section, the person— (a) does not incur any civil or criminal liability; and (b) is not to be taken to have breached any duty of confidentiality; and (c) is not to be taken to have breached any professional ethics or standards or any principles of conduct applicable to the person's employment or to have engaged in unprofessional conduct. (7) Nothing in this section prevents or limits the release or publication of any public information held, collected or used under this Act. 296—Immunity (e) any other person engaged in the administration or enforcement of this Act. (2) No civil or criminal liability attaches to the Crown or a designated person in respect of an act done or omitted in good faith— (a) in the performance or exercise, or purported performance or exercise, of a function or power under this Act; or (b) in the administration or enforcement, or purported administration or enforcement, of this Act; or (c) in carrying out, or purportedly carrying out, any requirement imposed, or purportedly imposed, in accordance with this Act. (3) Subsection (2) extends to an entity that is responsible for the acts or activities of a designated person. 297—Planning or other requirements for authorised actions excluded designated Act means— (a) the Environment Protection Act 1993; or (b) the Planning, Development and Infrastructure Act 2016. (2) The following may be taken on land despite the requirements for a consent, approval or other authorisation under a designated Act or any other Act: (a) an action authorised, required or taken under— (iii) an emergency biosecurity direction; or (iv) an emergency permit; or (v) a specific provision of this Act; (b) an action taken by the Minister, Chief Executive, a Chief Officer or an authorised officer. (3) Unless the action under subsection (2) is temporary in nature, the operation of that subsection does not derogate from the requirement to obtain any development authorisation under the Planning, Development and Infrastructure Act 2016 after a person has complied with the relevant requirements under this Act or taken action authorised under this Act. 298—Requirements may continue to have effect (1) A requirement imposed by or under this Act that does not specify a time by which, or period within which, the requirement must be complied with continues to have effect until the requirement is complied with, unless sooner revoked or cancelled. (2) A requirement imposed by or under this Act that specifies a time by which, or a period within which, the requirement must be complied with continues to have effect until the requirement is complied with, even though the time has passed or the period has expired, unless sooner revoked or cancelled. (3) Nothing in this section affects the powers of the Minister, the Chief Executive, a Chief Officer or an authorised officer in respect of the enforcement of any requirement imposed by or under this Act. 299—Civil proceedings by the Crown Any civil right of action or recovery under this Act vested in the Minister, the Chief Executive, a government department, a public sector employee or other agency or instrumentality of the Crown may be instituted and exercised by the Crown in right of South Australia and in accordance with the Crown Proceedings Act 1992. 300—Application of Personal Property Securities Act 2009 of the Commonwealth Each of the following is declared not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth: (a) biosecurity registration; (b) a permit; (c) approval to perform the functions of an accreditation authority; (d) appointment as a biosecurity auditor; (e) accreditation as a biosecurity certifier. 301—Establishment of biosecurity advisory groups (1) The Minister may establish 1 or more biosecurity advisory groups in relation to any sector of an industry that has an interest in the operation of this Act. (2) The Minister may establish a biosecurity advisory group to represent— (a) participants in the relevant sector of industry; or (b) a particular group of persons within the community who have an interest in the relevant sector; or (c) 1 or more groups or organisations that are interested in the environment. (3) The Minister should, before acting under this section to establish a biosecurity advisory group, consult with members or representatives of the relevant sector about the establishment and composition of the biosecurity advisory group. (4) The Minister will assign a distinctive name to each biosecurity advisory group. (5) The main function of a biosecurity advisory group is to advise the Minister, on its own initiative or at the request of the Minister— (a) on the operation of this Act in relation to the relevant sector and in particular— (i) the establishment and review of a code of practice for the sector; and (ii) the application to the sector of the provisions requiring registration of a person who engages in a regulated dealing; and (iii) the application to the sector of the provisions for implied terms and conditions of contracts for the sale of any biosecurity matter, animal feed or fertiliser relating to the health, quality or condition of the biosecurity matter, animal feed or fertiliser; and (iv) the making of regulations relevant to the sector; and (b) on other issues directly related to the relevant sector. (6) Schedule 4 contains other provisions that are relevant to a biosecurity advisory group under this section. 302—Charges on land (1) If a charge on land is created by another provision of this Act or under the regulations, the person in whose favour the charge is created may deliver to the Registrar-General a notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed. (2) On receipt of a notice under subsection (1), the Registrar-General must, in relation to any land referred to in the notice, enter a note of the charge against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. (3) Where a note has been entered under subsection (2), the Registrar-General must not register an interest affecting the land to which the entry relates unless— (a) the instrument— (i) was executed before the entry was made; or (ii) has been executed under or pursuant to an agreement entered into before the entry was made; or (iii) relates to an instrument registered before the entry was made; or (b) the instrument is an instrument of a prescribed class; or (c) the instrument is expressed to be subject to the operation of the charge; or (d) the instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance in existence before the entry was made. (4) An instrument registered under subsection (3)(a) or (b) has effect, in relation to the entry, as if it had been registered before the entry was made. (5) If an instrument is registered under subsection (3)(d), the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must make the appropriate entries to give effect to the cancellation. (6) The person in whose favour a charge exists must, if the amount to which the charge relates is paid, by notice in a form determined by the Registrar-General, apply for the discharge of the charge. (7) The Registrar-General must then cancel the relevant entry. 303—Use of equipment or computers to make decisions (1) Any equipment, computer, software or other mechanical or electronic device or process of a class or kind approved by the Minister may be used— (a) to make a decision or determination under this Act; or (b) to perform a function under this Act; or (c) to create reasonable grounds for suspecting that any matter exists in relation to the operation of a provision of this Act; or (d) to give notice of any decision, determination or other thing under this Act; or (e) to do anything else related to a matter referred to in a preceding paragraph. (2) Anything done, determined or created by any equipment, computer, software or other mechanical or electronic device or process approved by the Minister under subsection (1) in relation to a matter referred to in that subsection (the relevant matter) will be taken to have been done, determined or created by a person who may otherwise act under the provision to which that subsection relates (a relevant person). (3) The use of any equipment, computer, software or other mechanical or electronic device or process under this section in relation to a relevant matter does not derogate from— (a) the power of a relevant person to act in relation to that matter instead of relying on the equipment, computer, software or other mechanical or electronic device or process; or (b) the power of a relevant person to substitute their own decision in relation to that matter. (4) A certificate issued by the Minister and that states either or both of the following is admissible in evidence in any legal proceedings as evidence of the matters so certified: (a) that any equipment, computer, software or other mechanical or electronic device or process was of a class or kind approved by the Minister under this section; (b) that any equipment, computer, software or other mechanical or electronic device or process was operating correctly. (5) For the purposes of subsection (4), a document purporting to be a certificate of the Minister issued under that subsection is, unless the contrary is proved, to be taken to be such a certificate. 304—Defence if act authorised under another Act (1) In proceedings for an offence against this Act, it is a defence if the defendant proves that the act alleged to constitute the offence was authorised by or under— (a) the Fisheries Management Act 2007; or (b) an Act, or a provision of an Act, prescribed by the regulations. (2) Subsection (1)— (a) does not apply unless the offence against this Act is an offence prescribed by the regulations; and (b) does not apply in circumstances prescribed by the regulations. 305—Exemption from Act (1) The Minister may, by notice in the Gazette, confer exemptions from this Act or specified provisions of this Act— (a) on specified persons or persons of a specified class; or (b) in relation to— (i) any specified circumstance or situation, or circumstances or situations of a specified class; or (ii) any other specified thing, or things of a specified class; or (iii) any specified premises, place or area, or premises, places or areas of a specified class; or (c) on some other basis specified by the Minister. (2) An exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit. (3) The Minister may, by further notice in the Gazette— (a) vary or revoke an exemption; or (b) vary or revoke a condition of an exemption. (4) A person must not contravene a condition of an exemption. 306—Regulations, notices and instruments (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5. (3) However, the Governor may only make a regulation imposing a levy of a kind referred to in Schedule 5 item 18 on the recommendation of the Minister. (4) The Minister must not make a recommendation under subsection (3) unless the Minister is satisfied that consultation has occurred with bodies (including industry bodies) that the Minister considers represent persons liable to pay any proposed levy. (5) A regulation made for the purposes of this Act may operate subject to prescribed conditions. (6) The regulations may adopt, wholly or partially and with or without modifications— (a) an instrument relating to matters in respect of which regulations may be made under this Act or otherwise relating to any aspect of biosecurity; or (b) an amendment to such an instrument. (7) The regulations adopting an instrument, or an amendment to an instrument, may contain such incidental, supplementary and transitional provisions as appear to be necessary. (8) The regulations, an instrument adopted by the regulations, or a designated instrument, may— (a) apply, adopt or incorporate, wholly or partially and with or without modification, a standard, rule, code, specification, program, procedure, guideline or other document prepared or published by a prescribed or specified body, either as in force at the time the regulations, instrument or designated instrument are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the circumstances or entities to which they are expressed to apply; and (d) provide that any matter or thing may be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Executive, a Chief Officer, an authorised officer or any other specified body or person. (9) If a standard, rule, code, specification, program, procedure, guideline or other document is applied, adopted or incorporated as envisaged by subsection (8)(a)— (a) a copy of the standard, rule, code, specification, program, procedure, guideline or other document must be kept available for inspection by members of the public on the Department's website, or at the principal office of the Department (during normal office hours); and (b) in any legal proceedings, evidence of the contents of the standard, rule, code, specification, program, procedure, guideline or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the standard, rule, code, specification, program, procedure, guideline or other document. (10) Without limiting a preceding subsection, the regulations may— (a) provide for the effect of failing to comply with any requirement prescribed by the regulations, including by providing that any action taken in a manner inconsistent with any such requirement will not have effect under this Act; and (b) specify circumstances where a notice may be taken to have been given or served for the purposes of this Act. (11) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (12) In this section— designated instrument means a notice, order, direction or other instrument issued or given by— (d) an authorised officer.