Part 3Administration

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.