Part 5Registration scheme

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.