Part 6Biosecurity accreditation, auditing and certification—administration

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