Subdiv 6Related matters

Subdivision 6—Related matters 122—Audit agreements (1) The Chief Executive may enter into an agreement (an audit agreement) with another accreditation authority that relates to— (a) the functions and powers of the accreditation authority under this Part; and (b) without limiting paragraph (a), the conduct of accreditation audits, biosecurity audits and compliance audits; and (c) any other matter determined by the Chief Executive to be appropriate in the circumstances. (2) An audit agreement may be varied from time to time by agreement between the Chief Executive and the other accreditation authority. 123—Hindering etc biosecurity auditors (a) without reasonable excuse hinders or obstructs a biosecurity auditor, or a person assisting a biosecurity auditor, in the performance of a function or the exercise of a power under this Act; or (b) fails to answer a question put by a biosecurity auditor to the best of the person's knowledge, information or belief; or (c) provides an answer to a question put by a biosecurity auditor 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 a biosecurity auditor in the performance of a function or the exercise of a power under this Act; or (f) uses abusive, threatening or insulting language to a biosecurity auditor, or a person assisting a biosecurity auditor, 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 a biosecurity auditor, Division 2—Biosecurity certificates 124—Biosecurity certifier may issue biosecurity certificates (1) A biosecurity certifier may— (a) issue a biosecurity certificate under this Act; and (b) verify biosecurity certificates or other documents, or the packaging or labelling of biosecurity matter. (2) The authorisation of a biosecurity auditor to act as envisaged by subsection (1) is subject to— (a) the provisions of the instrument of accreditation under section 83(2)(a); and (b) any conditions or limitations that apply in relation to the accreditation of the biosecurity auditor. 125—Content, form and duration of biosecurity certificates (1) A biosecurity certificate is a certificate that certifies 1 or more of the following matters in respect of a specified biosecurity matter or carrier, or any other specified thing or specified area, for the purposes of this Act: (a) that the biosecurity matter, carrier, thing or area is free from, or contains, a specified level of any stated biosecurity matter (such as a specified pest, disease, contaminant, pest infestation or infection or condition); (b) that the biosecurity matter, carrier, thing or area is free from, or contains, a specified level of any stated biosecurity matter (such as a specified pest, disease, contaminant, pest infestation or infection or condition) within the meaning of a corresponding law; (c) that the biosecurity matter, carrier, thing or area is in a specified condition; (d) that the biosecurity matter or carrier is from a specified area; (e) that the biosecurity matter, carrier, thing or area has been the subject of a specified treatment measure or specified way of treatment; (f) that the biosecurity matter, carrier or thing has been transported in a specified manner or via a specified route; (g) that the biosecurity matter, carrier or thing complies with specified biosecurity certification requirements; (h) that the biosecurity matter, carrier, thing or area meets other specified requirements; (i) any other prescribed matter or circumstance. (2) A biosecurity certificate must— (a) be in an approved form; and (b) comply with any requirements prescribed by the regulations. (3) The verification of a biosecurity certificate or other relevant document, or the packaging or labelling of biosecurity matter, may be evidenced in a manner and form approved by the responsible accreditation authority. (4) A biosecurity certificate may relate to— (a) biosecurity matter or a carrier— (i) grown, produced, processed, packed, used, treated or tested in the State; or (ii) to be brought into the State; and (b) specified requirements of this Act or a corresponding law. (5) A biosecurity certificate issued under this section may be expressed to remain in force or effect for the period specified in the certificate. 126—Specific powers of biosecurity certifiers A biosecurity certifier may do any or all of the following before issuing a biosecurity certificate in relation to any biosecurity matter, carrier, thing or area: (a) inspect the biosecurity matter, carrier, thing or area; (b) take samples of the biosecurity matter, carrier or thing; (c) supervise the treatment or grading of biosecurity matter or a carrier; (d) inspect or test materials, chemicals or equipment used to treat or grade the biosecurity matter or carrier; (e) exercise any power prescribed by the regulations; (f) do anything else that the biosecurity certifier considers necessary to be done for the purposes of determining whether to issue a biosecurity certificate and, if so, the contents of the biosecurity certificate. 127—Fees (1) If a biosecurity certificate is prepared by an authorised officer, a fee authorised or determined by or under a fee notice under section 306(11) is payable by the person seeking the biosecurity certificate. (2) Except as provided by subsection (1), the fee for the preparation of a biosecurity certificate is the fee agreed between the biosecurity certifier and the person seeking the biosecurity certificate. 128—Recognition of interstate biosecurity certificates (1) A certificate or other document— (a) duly issued under a corresponding law in which a person certifies any matter in relation to which a biosecurity certificate could be issued under this Act; and (b) that is in effect, is recognised for the purposes of this Act as an interstate biosecurity certificate. (2) For the purposes of this Act, a person holds a biosecurity certificate in relation to a thing if the person holds an interstate biosecurity certificate that is in force in relation to the thing. (3) A reference in this Act to a biosecurity certificate includes a reference to an interstate biosecurity certificate. 129—Approval of authorised officers to perform functions of biosecurity certifiers (1) The Chief Executive may, by written instrument, approve any authorised officer to perform any specified function or power of a biosecurity certifier. (2) An approval under subsection (1)— (a) may apply to a specified authorised officer or to any class of authorised officers; and (b) may be subject to such conditions or limitations as are specified in the approval. (3) An approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Chief Executive. (4) The Chief Executive may, by written instrument, revoke or vary an approval under this section at any time. (5) The approval of a person as a biosecurity certifier under this section ceases to be in force if the person— (a) ceases to be an authorised officer; or (b) ceases to be an authorised officer of a particular class specified in the approval. (6) In this Act, a reference to— (a) a biosecurity certifier accredited under this Act; or (b) a person accredited as a biosecurity certifier under this Act, includes a reference to a person approved to perform the functions of a biosecurity certifier under this section. 130—Use of assistance A biosecurity certifier performing a function conferred by or under this Act may perform the function with the assistance of such other persons as the biosecurity certifier considers necessary in the circumstances (subject to any conditions of accreditation as a biosecurity certifier). 131—Offences (1) A person must not— (a) issue, or purport to issue, a biosecurity certificate or purported biosecurity certificate that is false or misleading in a material particular; or (b) alter or amend a biosecurity certificate, or purported biosecurity certificate, so as to make the certificate false or misleading in a material particular. (2) A person must not falsely represent that a biosecurity certificate has been issued in respect of any matter. (3) A person must not issue, or purport to issue, a biosecurity certificate or purported biosecurity certificate unless the person is a biosecurity certifier authorised to do so under this Act or a corresponding law. (4) A person must not alter or amend a biosecurity certificate or purported biosecurity certificate unless— (a) the person is a biosecurity certifier authorised to do so under this Act or a corresponding law; or (b) the alteration or amendment— (i) relates to the splitting of a consignment to which the biosecurity certificate relates; and (ii) the person is authorised in writing to make the alteration or amendment by a biosecurity certifier authorised to split consignments under this Act or a corresponding law. (b) for a natural person—$50 000 (5) A person must not, in connection with obtaining or the issue of a biosecurity certificate, furnish any information or material that the person knows to be false or misleading in a material particular. (6) Without limiting a preceding subsection, a person who— (a) without reasonable excuse hinders or obstructs a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act; or (b) removes, damages or interferes with any notice, sign, identification mark, label, tape, seal, lock or other device used for the purposes of this Act; or (c) fails to answer a question put by a biosecurity certifier to the best of the person's knowledge, information or belief; or (d) provides an answer to a question put by a biosecurity certifier that the person knows to be false or misleading in a material particular; or (e) produces a document or record that the person knows to be false or misleading in a material particular; or (f) fails without reasonable excuse to comply with a requirement or direction of a biosecurity certifier in the performance of a function or the exercise of a power under this Act; or (g) uses abusive, threatening or insulting language to a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act; or (h) falsely represents, by words or conduct, that the person is a biosecurity certifier, (7) For the purposes of this section, a certificate is false or misleading in a material particular if it— (a) includes information that is false or misleading in a material particular; or (b) omits material information. (8) In this section— biosecurity certifier includes an identified individual with respect to the issuing of biosecurity certificates by a biosecurity certifier.