Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013 (Western Australia)

These regulations let inspectors issue export certificates and let the Director General (DG) accredit persons or organisations to issue assurance certificates for animals, agricultural products, potential carriers, animal feed and fertilisers (regs 4, 6, 7). Accreditation requires a formal application and fee and may carry conditions; the DG may cancel, suspend or amend accreditations (regs 7(2)(d), 9, 12–14).

Unauthorised or false certificates attract fines (up to $20,000) (regs 5, 18). Transitional provisions treat existing accreditations as if granted under the new regime (regs 19–20).

These regulations establish the framework in Western Australia for two related classes of official certificates that support the movement and export of animals, agricultural products, potential carriers, animal feed and fertilisers. First, they authorise inspectors to issue export certificates that make factual statements about a "certified thing" for export or intra‑state movement (reg 4). Second, they create an accreditation regime under which private persons or organisations may be authorised by the Director General to give assurance certificates that, subject to conditions, can fulfil similar evidential purposes for export or movement (regs 6-11).

Mechanically, the instrument divides responsibilities and privileges. Only inspectors may give an export certificate (reg 4(1)), and they must be satisfied that each statement in the certificate is accurate (reg 4(4)). Separately, a person authorised under an accreditation may give an assurance certificate (reg 6(1)), and similarly must be satisfied that each statement is accurate, with an express penalty for breach (reg 6(4)). The Director General controls the accreditation gate: applications, the form of applications, the power to request further information, the ability to refuse, and the power to impose accreditation conditions (reg 7). Accreditation lasts for 12 months unless renewed and can be suspended, cancelled or amended by the Director General on enumerated grounds (regs 10, 12, 13, 14). The Director General must keep a register of accreditations and may share details with officers of other States or Territories for the administration of corresponding laws (reg 11).

The regulations create criminal or strict statutory penalties for unauthorised certification and for conduct that results in false or misleading information being stated in the certificates. For example, a person who is not an inspector commits an offence if they purport to give an export certificate (penalty $20,000) (reg 5(1)). Equivalent prohibitions apply to unauthorised assurance certificates and to false or misleading representations likely to cause others to believe a certificate exists (regs 18(1), 5(4), 18(4)). Contravention of accreditation conditions carries its own penalty (reg 17).

The instrument also provides transitional rules converting specified pre‑commencement accreditations into accreditations under reg 7, carrying across their stated expiry periods and operational requirements to the extent consistent with the Act and these regulations (regs 19-20). A person aggrieved by a Director General decision about accreditation may apply to the State Administrative Tribunal for review (reg 16).

In short, the regulations allocate the power to issue two related certification products, set a statutory accreditation pathway for private assurance providers, impose accuracy and conduct obligations backed by monetary penalties, and vest broad operational discretion in the Director General for granting, conditioning, amending, suspending and cancelling accreditations.

The regulations rely on a compact set of recurring legal concepts. Each has a technical meaning in the text and specific operational consequences.

Certified thing. The term covers animals, agricultural products, potential carriers, animal feed and fertilisers (regs 3, 4(1), 6(1)). Both export certificates and assurance certificates relate to a "certified thing" and can record statements about its quality, condition, origin, production method, treatment, absence of particular organisms or residues, or compliance with conditions (regs 4(3), 6(3)).
Export certificate. Defined as the certificate an inspector may give on request in respect of a certified thing (reg 4(1)). The certificate may be for export out of the State or movement within the State (reg 4(2)), and inspectors may take samples, inspect, treat, supervise grading, and do anything else they consider necessary when determining whether to issue such a certificate (reg 4(5)). Only inspectors may give export certificates; a non‑inspector who purports to do so commits the offence in reg 5(1).
Assurance certificate. Defined in reg 6(1). These are certificates given by persons authorised under an accreditation and may address the same kinds of matters as export certificates, and may similarly be for export or movement within the State (regs 6(2)-(3)). An authorised person must be satisfied of the accuracy of every statement (reg 6(4)) and faces a prescribed penalty for breach.
Accreditation. The statutory route by which a person obtains the authority to give assurance certificates. Applicants apply to the Director General in a form and manner approved by the Director General and must supply specific details depending on their legal form (reg 7(1)-(2)). The Director General may grant, refuse, renew or set conditions on an accreditation (reg 7(6)-(9)). Accreditation is time‑limited to a 12‑month period unless renewed (reg 10).
Accreditation conditions. The Director General may impose conditions when granting or renewing an accreditation (reg 9(1)). Conditions may limit the kinds of assurance certificates that may be given, set conditions that must be satisfied before issue, authorise cancellation or suspension in specified circumstances, or generally address other matters the Director General considers appropriate (reg 9(2)). Failure to comply with accreditation conditions is an offence with a penalty (reg 17).
Director General discretion and procedural safeguards. The Director General has multiple discretionary powers: refuse or grant accreditations, impose conditions, amend or cancel accreditations, and immediately suspend an accreditation where necessary in the public interest (regs 7, 9, 12, 13, 14). Procedural steps are mandated for proposed cancellations, suspensions and amendments, including written notice, stated grounds, and a minimum 28‑day period to make written representations (reg 14(1)-(3)). An immediate suspension option is available, but it is time limited to 56 days unless the full notice process is completed earlier (reg 14(7)).

The regulations shape behaviour and obligations for identifiable groups and interests.

Inspectors and the department. Inspectors retain exclusive statutory power to issue export certificates (reg 4(1)). The regulations also empower inspectors to inspect, sample, analyse, treat or supervise treatment or grading when deciding to issue an export certificate (reg 4(5)). The Director General, as the decision maker for accreditations and accreditations register keeper, is the principal administrative actor under the instrument (regs 7, 11). The department therefore has both a direct certifying function through inspectors and an administrative supervisory role over private assurance providers.
Private applicants for accreditation and accredited bodies. Individuals, bodies corporate and partnerships that want to give assurance certificates must apply to the Director General and satisfy application requirements, including naming the officers or partners who will be authorised if the applicant is a body corporate or partnership (reg 7(1)-(2)). Accreditation applicants pay any fees determined under the Act as part of the application (reg 7(2)(d)). Once accredited, the holder and persons authorised under the accreditation can give assurance certificates as specified (regs 7(6)(a), 8).
Users of certificates: producers, exporters, traders, transporters and purchasers. Persons who export or move animals, agricultural products, potential carriers, animal feed or fertilisers will be affected because certificates can be required or relied upon in commerce and biosecurity administration (regs 4(2), 6(2)). The regulations criminalise making statements likely to cause someone to reasonably believe a certificate or interstate certificate has been given when no certificate exists, in transactions or inspections (regs 5(4), 18(4)). Buyers and recipients must be alert to the provenance of certificates.
Corporations and related entities. For the purpose of cancellation and suspension grounds, the definition of "relevant person" includes related entities of a corporation as defined in the Corporations Act (reg 12(1)(c) referencing the Corporations Act 2001). That means an adverse event affecting a related entity can be a ground for action against an accreditation.
Authorities in other States and Territories. The regulations expressly link to corresponding laws in other jurisdictions by listing those Acts and by defining interstate assurance and export certificates (reg 3). The Director General may provide register information to officers of other States or Territories to administer corresponding laws (reg 11(4)). Persons holding accreditations granted under interstate arrangements or pre‑commencement schemes have transitional status under reg 20.

The regulations allocate specific duties to decision makers, accredited persons, inspectors and holders of certified things, and prescribe rights of review.

Duties imposed on inspectors and accredited persons

Inspectors must be satisfied that each statement in an export certificate is accurate before issuing it (reg 4(4)). The inspector also has broad investigatory powers to inspect, analyse, sample, treat, supervise grading and take other actions considered necessary to determine whether to issue an export certificate (reg 4(5)). Those are duties to act on information and evidence rather than purely administrative formalities.
Persons authorised under an accreditation must ensure the accuracy of every statement in any assurance certificate they give (reg 6(4)). The regulation makes that an offence with an express monetary penalty (reg 6(4)). The holder and authorised persons are further under a duty not to contravene accreditation conditions (reg 17).

Duties imposed on applicants and holders of accreditations

Applicants must apply in the manner and on the form approved by the Director General, supply officer/employee names if a body corporate, supply partner details if a partnership, pay the appropriate fee determined under the Act, and provide any documents or other information specified on the form (reg 7(2)(a)-(e)). Applicants must also provide any further information the Director General requests (reg 7(4)). Failure to comply may see the Director General decline to deal with the application (reg 7(5)).
If an accreditation is cancelled, suspended or amended, the Director General may require the holder to return accreditation documents within a specified period (reg 15(2)), and failure to comply without lawful excuse attracts a penalty (reg 15(3)).

Powers and discretions of the Director General

The Director General may grant, refuse or renew accreditations, must issue written notices of grant specifying persons authorised and accreditation conditions (reg 7(6)-(7)), and must give reasons if refusing (reg 7(8)). The Director General may impose any accreditation conditions considered appropriate (reg 9(1)-(2)), including conditions that limit the kinds of certificates that may be issued, set pre‑issue conditions, or provide for automatic cancellation or suspension in specified circumstances (reg 9(2)(a)-(d)).

The regulations set out a range of monetary penalties and enforcement triggers tied to specific conduct related to export certificates, assurance certificates and accreditations.

Monetary penalties and offences

Unauthorised export certificate issuance. A person who is not an inspector and purports to give an export certificate commits an offence punishable by a fine of $20,000 (reg 5(1)).
False or misleading conduct associated with export certificates. A person who exports or moves (or proposes to do so) and who makes knowingly false statements, recklessly false statements, knowingly provides false information, or recklessly provides false information that results, or is likely to result, in false or misleading information being stated in an export certificate commits an offence, penalty $20,000 (reg 5(2)-(3)).
Misrepresentations about existence of export certificates. A person who makes a statement or representation likely to cause another reasonably to believe an export certificate or interstate export certificate has been given, when none has, and in specified contexts (sale, movement, to an inspector), commits an offence with penalty $20,000 (reg 5(4)).
Unauthorised assurance certificate issuance. A person who is not authorised under an accreditation and purports to give an assurance certificate commits an offence punishable by a fine of $20,000 (reg 18(1)).
False or misleading conduct associated with assurance certificates. Equivalent to the export certificate provisions, a person who exports or moves (or proposes to) and provides knowingly or recklessly false information that results or is likely to result in false or misleading information in an assurance certificate commits an offence with penalty $20,000 (reg 18(2)-(3)).
Misrepresentations about existence of assurance certificates. A person who makes a statement or representation likely to cause another to reasonably believe that an assurance certificate or interstate assurance certificate has been given when none has, in the contexts of sale, movement or to an inspector, commits an offence with penalty $20,000 (reg 18(4)).
Contravention of accreditation conditions. The holder of an accreditation, or a person authorised under an accreditation, must not contravene accreditation conditions. Breach is an offence with a penalty of $10,000 (reg 17).

The regulations are explicitly cross‑referenced to other legal instruments and to interstate regimes, and they embed mechanisms for interstate cooperation.

Cross-references within the instrument

Fees. The application must be accompanied by the appropriate fee, if any, determined under the Act (reg 7(2)(d)). The regulations therefore operate in tandem with fee‑making powers and fee schedules set under the Biosecurity and Agriculture Management Act 2007 (the Act). The quantum and collection mechanism of fees are not set out in these regulations, but the obligation to pay fees determined under the Act is a condition precedent to applying for accreditation.
Corporations Act. The definition of relevant persons for cancellation or suspension purposes includes related entities as defined in section 9 of the Corporations Act 2001, and the regulation references section 57A of the Corporations Act in defining a corporation for these purposes (reg 12(1)(c)). That cross‑reference brings corporate law concepts such as related entities into the risk calculus for corporates holding accreditations.
State Administrative Tribunal. The regulations create a right to seek review by the State Administrative Tribunal of Director General decisions to refuse or renew, cancel, suspend or amend an accreditation (reg 16). That inserts the SAT’s administrative review procedures and jurisprudential standards into the regulatory framework.

Interstate and national interaction

Corresponding laws. The regulations define "corresponding law" by reference to a list of plant and pest Acts across Australian jurisdictions (reg 3(a)-(i)), and they expressly define "interstate assurance certificate" and "interstate export certificate" (reg 3). This means that the regulations recognise certain interstate certification instruments and provide for administrative sharing of accreditation register information with officers of other States or Territories for the administration of those corresponding laws (reg 11(4)). The regulations also reference the Memorandum of Understanding on Interstate Certification Assurance agreed at the Agriculture and Resource Management Council meeting on 6 August 1999 (reg 3, 19).
Interstate certificates and offences. The offence provisions incorporate interstate certificates in prohibitions against misrepresenting the existence of a certificate. A person may commit an offence by making a representation likely to cause another reasonably to believe that an interstate assurance certificate or interstate export certificate has been given, when none has been given (regs 5(4), 18(4)). That recognizes interstate certificates as functionally equivalent for the purposes of the prohibitions on misrepresentation.

The regulations include a short compilation table and a clear commencement schedule. The instrument as provided records its initial publication and commencement.

Commencement and gazettal

The regulations are titled the Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013 (reg 1). Regulations 1 and 2 commenced on the gazettal day, being 25 February 2013. The rest of the regulations commenced on 1 May 2013, as set out in the compilation table and reg 2(b)(i).

Compilation table

The compilation table supplied with the instrument notes the gazettal reference: Gazette 25 February 2013 pages 1047-72, and cross‑references the commencement dates already mentioned in reg 2 and the Gazette 5 February 2013 p. 823 as appropriate (Notes and compilation table).

Transitional provisions as part of commencement

Part 4 provides transitional provisions that made pre‑commencement accreditations carry forward as accreditations under regulation 7 from commencement day, preserving expiry dates and operational requirements to the extent consistent with the Act and the regulations (regs 19-20). That is an embedded transition mechanism rather than an amendment.

Absence of subsequent amendments in the provided text

The version of the regulations provided contains no textual amendments or schedules indicating subsequent amendment history. The compilation table does not list any amendments following the original 2013 instrument. Therefore, insofar as this document records the regulations as enacted in 2013, no later amendment entries are present in the supplied material.

Implications for legal practice

When advising clients, practitioners should verify whether any later amending instruments, disallowances or changes to the related Act have occurred after the compilation snapshot. The regulations themselves instruct applicants to pay fees determined under the Act (reg 7(2)(d)), and they reference the Corporations Act and interstate instruments. Any amendment to those linked instruments could have practical implications for accreditation administration even if it does not directly amend these regulations.

In sum, the instrument was made and commenced in early 2013, and the text provided includes transitional provisions to convert legacy accreditations; no amendment history beyond the enactment is recorded in the supplied text. Where clients require up‑to‑date compliance advice, confirm whether any amending regulations, replacement Instruments or relevant Act amendments have been made since 2013.

The regulations themselves do not list cases or give examples of judicial interpretation. The instrument includes a direct right of review to the State Administrative Tribunal (reg 16), which structurally establishes the likely forum for administrative disputes arising from Director General decisions under the accreditation regime.

What the instrument says about review

A person aggrieved by a decision of the Director General to refuse to grant or renew an accreditation, or to cancel, suspend or amend an accreditation, may apply to the State Administrative Tribunal for review (reg 16). That is the sole statutory review avenue specified in the regulations.

Absence of named cases in the instrument

There are no cases cited, discussed, or annotated within the text of the regulations supplied. The instrument does not include any regulatory history of judicial decisions or tribunal determinations interpreting its provisions.

Practical implications for litigation and dispute practitioners

Because the regulations confer significant discretion on the Director General and provide detailed procedural steps for notice and representations (reg 14), administrative law challenges to the exercise of that discretion are likely to proceed through SAT review and its consequent appeal pathways, subject to the SAT’s jurisdictional limits and the Act’s scheme. Parties seeking to challenge a Director General decision will need to prepare factual records covering the application, any requested further information, the reasons given under reg 7(8) for refusals, and the notices under reg 14 setting out grounds and facts for cancellation, suspension or amendment.
The regulations do not define evidentiary standards for the Director General’s decision making, but the required written notices that must include grounds, facts and proposed action (reg 14(2)) provide a statutory foundation for the SAT to review whether the decision‑making process complied with procedural fairness and relevant statutory criteria.
For prosecutions under the offence provisions, general criminal or regulatory enforcement practice will apply. The regulations specify mens rea alternatives for the false or misleading offences: knowing falsity or reckless disregard for falsity (regs 5(3), 18(3)). Prosecutors must therefore establish the requisite mental elements or the specified conduct, and defendants will have usual procedural safeguards.

These are concrete traps and practical pitfalls that arise from the text of the regulations and that commonly generate compliance failures or administrative risk.

Only authorised persons may issue certificates

Export certificates may only be given by inspectors (reg 4(1)). Assurance certificates may only be given by persons authorised under an accreditation (reg 6(1)). Purporting to issue these certificates without authority is a standalone offence carrying a $20,000 fine (regs 5(1), 18(1)). Practitioners must not assume that a privately issued document styled as an "export certificate" or "assurance certificate" is lawful without checking who issued it and whether that person is an inspector or is authorised by a current accreditation.

Accuracy obligation is strict and penalised

Inspectors and authorised persons must be satisfied that each statement made is accurate (regs 4(4), 6(4)). For authorised persons, reg 6(4) expressly attaches a $20,000 penalty to issuing an assurance certificate without being satisfied of accuracy. The mental element is not spelled out beyond the obligation to be satisfied, so record‑keeping that demonstrates the basis for satisfaction is essential.

Named officers and partners must be specified for corporate applicants

If an applicant is a body corporate, the application must state the names and contact details of the individual officers or employees who will be authorised under the accreditation (reg 7(2)(b)). For partnerships the names and contact details of each partner must be stated (reg 7(2)(c)). Failure to name individuals can lead to an application being declined or an accreditation that does not authorise the intended persons.

Short renewal windows and expiry consequences

Accreditation lasts 12 months unless renewed (reg 10(2)). Renewal applications must be made not later than three months before expiry unless the Director General allows a later time (reg 7(3)). If renewal is pending after expiry day, the accreditation remains in force until the Director General decides, but that does not protect against interim cancellation (reg 10(3)). Practically, allow ample lead time to avoid lapses.

Broad and undefined accreditation conditions

The Director General may impose any accreditation conditions considered appropriate, including limiting the kinds of assurance certificates or providing for cancellation or suspension in specified circumstances (reg 9). The scope of permissible conditions is wide. Accredited entities should seek clarity about conditions in the written notice of grant (reg 7(6)-(7)) and consider negotiating operational procedures or commercial workflows to comply.

This section sets out a practical compliance checklist derived from the regulations for applicants, accredited persons, producers and traders.

Decide which certificate you need

If an inspector‑issued export certificate is required, contact the relevant inspection authority and request the export certificate. Be ready for inspection, sampling and supervision of grading or treatment, since inspectors may undertake these actions in deciding whether to issue an export certificate (reg 4(1), 4(5)).
If an assurance certificate issued by a private accredited person suffices, ensure the issuer is currently authorised under an accreditation and that the intended assurance certificate type falls within the accreditation conditions in the Director General’s written notice (regs 6(1), 7(6)(a), 9).

For applicants seeking accreditation

Obtain and complete the form approved by the Director General and ensure it includes the specifics required by reg 7(2). If you are a body corporate, list the exact names and contact details of the officers or employees who will be authorised to give assurance certificates (reg 7(2)(b)). If a partnership, list each partner (reg 7(2)(c)).
Pay any applicable fees determined under the Act and include any documents or other information specified on the approved form (reg 7(2)(d)-(e)). Keep documentary evidence of payment.
Make the renewal application in advance. Submit renewal applications not later than three months before expiry unless you obtain Director General permission for a later date (reg 7(3)). Track expiry dates carefully because accreditations are ordinarily limited to 12 months (reg 10(2)).
Promptly supply any further information requested by the Director General (reg 7(4)). If the Director General declines to deal with an application on the basis of non‑compliance, rectify deficiencies and reapply (reg 7(5)).

Prepare for accreditation conditions

Anticipate that the Director General may impose conditions that restrict the kinds of assurance certificates you can give, or that impose pre‑issue checks, monitoring or record‑keeping requirements (reg 9(2)(a)-(c)). Ask for the written notice that specifies accreditation conditions on grant (reg 7(6)-(7)) and design operational procedures to ensure compliance.

CrestWestern Australia

Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Western Australia

Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 2

Part 2 — Export certificates

Inspector may give export certificate 4
Offences relating to export certificates 5

Part 3 — Accreditation to give assurance certificates

Division 1 — Assurance certificates

Person authorised under accreditation may give assurance certificate 8

Division 2 — Accreditation

Accreditation of persons to give assurance certificates 9
Persons authorised to give assurance certificates 10
Accreditation conditions 11
Duration of accreditation 11
Register of accreditations 12
Cancellation or suspension of accreditation 13
Amendment of accreditation 14
Procedures for cancellation, suspension or amendment of accreditation 14
Return of accreditation documents 17
SAT review: accreditation 17

Division 3 — Offences

Contravention of accreditation conditions 17
Offences relating to assurance certificates 17

Part 4 — Transitional provisions

Terms used 20
Accreditations given before commencement 20

Notes

Compilation table 22

Defined terms

Western Australia

Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Part 1 — Preliminary

1. Citation

These regulations are the Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);

(b) the rest of the regulations —

(i) if gazettal day is on or before the day on which the Biosecurity and Agriculture Management Regulations 2013 (other than regulations 1 and 2) come into operation — on the day on which those regulations (other than regulations 1 and 2) come into operation; or

(ii) otherwise — on the day after gazettal day.

3. Terms used

In these regulations, unless the contrary intention appears —

accreditation means an accreditation granted under regulation 7;

accreditation condition has the meaning given by regulation 9(1);

accreditation document means a document given to the holder of an accreditation by the Director General in relation to the accreditation;

assurance certificate has the meaning given by regulation 6(1);

certified thing, in relation to an assurance certificate or export certificate, means the animals, agricultural products, potential carriers, animal feed or fertilisers to which the certificate relates;

corresponding law means —

(a) the Pest Plants and Animals Act 2005 (Australian Capital Territory);

(b) the Plant Diseases Act 2002 (Australian Capital Territory);

(d) the Plant Health Act 2008 (Northern Territory);

(e) the Plant Protection Act 1989 (Queensland);

(f) the Plant Health Act 2009 (South Australia);

(g) the Plant Quarantine Act 1997 (Tasmania);

(h) the Plant Health and Plant Products Act 1995 (Victoria);

(i) the Plant Biosecurity Act 2010 (Victoria);

export certificate has the meaning given by regulation 4(1);

holder, in relation to an accreditation, means the person to whom the accreditation is granted;

interstate assurance certificate means —

(a) an assurance certificate given by a person accredited under a corresponding law; or

(b) an assurance certificate given by a person accredited by an authority of another State or a Territory in accordance with the Memorandum of Understanding on Interstate Certification Assurance agreed at the 16th meeting of the Agriculture and Resource Management Council of Australia and New Zealand on 6 August 1999;

interstate export certificate means a certificate that —

(a) relates to any of the following —

(i) plants;

(ii) soil;

(iii) potting media;

(iv) machinery;

and

(b) is given under a corresponding law of another State or a Territory by an inspector, officer or authority of the State or Territory;

person authorised, under an accreditation, means a person authorised to give assurance certificates under the accreditation in accordance with regulation 8.

Part 2 — Export certificates

4. Inspector may give export certificate

(1) On request by a person, an inspector may give the person a certificate (an export certificate) in relation to any of the following (the certified thing) —

(a) animals;

(b) agricultural products;

(d) animal feed;

(e) fertilisers.

(2) An export certificate may be given for either or both of the following purposes —

(a) the export of the certified thing out of the State;

(b) the movement of the certified thing within the State.

(3) An export certificate may make any or all of the following statements in relation to the certified thing —

(a) that the certified thing is of a particular quality or grade;

(b) that the certified thing is in a particular condition;

(d) that the certified thing was produced in a particular manner;

(e) that the certified thing has been treated in a particular way;

(f) that the certified thing is free from a particular organism, chemical residue, contaminant or adulterant;

(g) that the certified thing complies with particular conditions or requirements.

(4) An inspector must not give an export certificate unless the inspector is satisfied that each statement made in the certificate is accurate.

(5) For the purpose of determining whether to issue an export certificate in relation to animals, agricultural products, potential carriers, animal feed or fertilisers, an inspector may do any or all of the following —

(a) inspect, analyse or treat the animals, agricultural products, potential carriers, animal feed or fertilisers;

(b) take samples or specimens of or from the animals, agricultural products, potential carriers, animal feed or fertilisers;

(c) supervise the treatment or grading of the animals, agricultural products, potential carriers, animal feed or fertilisers;

(d) inspect materials used to treat or grade the animals, agricultural products, potential carriers, animal feed or fertilisers;

(e) do anything else that the inspector considers necessary or desirable.

5. Offences relating to export certificates

(1) A person commits an offence if —

(a) the person is not an inspector; and

(b) the person purports to give an export certificate.

Penalty: a fine of $20 000.

(2) A person commits an offence if —

(a) the person —

(i) exports, or proposes to export, animals, agricultural products, potential carriers, animal feed or fertilisers; or

(ii) moves, or proposes to move, animals, agricultural products, potential carriers, animal feed or fertilisers within the State;

and

(b) the person does any of the things set out in subregulation (3); and

(c) the doing of the thing results, or is likely to result, in false or misleading information being stated in an export certificate.

Penalty: a fine of $20 000.

(3) The things to which subregulation (2) applies are —

(a) making a statement that the person knows is false or misleading in a material particular; or

(b) making a statement that is false or misleading in a material particular, with reckless disregard as to whether or not the statement is false or misleading in a material particular; or

(c) providing, or causing to be provided, information that the person knows is false or misleading in a material particular; or

(d) providing, or causing to be provided, information that is false or misleading in a material particular, with reckless disregard as to whether the information is false or misleading in a material particular.

(4) A person commits an offence if —

(a) the person makes a statement or other representation about any of the following (the relevant thing) —

(i) animals;

(ii) agricultural products;

(iii) potential carriers;

(iv) animal feed;

(v) fertilisers;

and

(b) the statement or representation is likely to cause another person reasonably to believe that an export certificate or interstate export certificate has been given in relation to the relevant thing; and

(d) the statement or representation is made —

(i) for the purposes of the sale of the relevant thing to a person in the State; or

(ii) for the purposes of the movement of the relevant thing into or within the State; or

(iii) to an inspector.

Penalty: a fine of $20 000.

Part 3 — Accreditation to give assurance certificates

Division 1 — Assurance certificates

6. Person authorised under accreditation may give assurance certificate

(1) If a person is authorised under an accreditation to do so, the person may give a certificate (an assurance certificate) in relation to any of the following (the certified thing) —

(a) animals;

(b) agricultural products;

(d) animal feed;

(e) fertilisers.

(2) An assurance certificate may be given for either or both of the following purposes —

(a) the export of the certified thing out of the State;

(b) the movement of the certified thing within the State.

(3) The assurance certificate may make any or all of the following statements —

(a) that the certified thing is of a particular quality or grade;

(b) that the certified thing is in a particular condition;

(d) that the certified thing was produced in a particular manner;

(e) that the certified thing has been treated in a particular way;

(f) that the certified thing is free from a particular organism, chemical residue, contaminant or adulterant;

(g) that the certified thing complies with particular conditions or requirements.

(4) A person authorised under an accreditation must not give an assurance certificate unless the person is satisfied that each statement made in the certificate is accurate.

Penalty for an offence under subregulation (4): a fine of $20 000.

Division 2 — Accreditation

7. Accreditation of persons to give assurance certificates

(1) A person may apply to the Director General for the grant or renewal of an accreditation.

(2) The application must —

(a) be made to the Director General in a manner and form approved by the Director General; and

(b) if the applicant is a body corporate — state the names and contact details of the individual officers or employees who will be authorised to give assurance certificates under the accreditation; and

(d) be accompanied by the appropriate fee, if any, determined under the Act; and

(e) be accompanied by any documents and other information specified on the approved form.

(3) An application for the renewal of an accreditation must be made not later than —

(a) 3 months before the day on which the accreditation is due to expire; or

(b) a later time that the Director General allows.

(4) The applicant must provide the Director General with any further information that the Director General requests in any particular case.

(5) The Director General may decline to deal with an application if the application does not comply with this regulation, or if a requirement under subregulation (4) is not complied with, and must advise the applicant accordingly.

(6) On application under subregulation (1), the Director General may, by written notice given to the person —

(a) grant or renew the accreditation; or

(b) refuse to grant or renew the accreditation.

(7) A written notice under subregulation (6)(a) must specify —

(a) the person or persons who are authorised under the accreditation to give assurance certificates in accordance with regulation 8; and

(b) the accreditation conditions that apply under regulation 9.

(8) If the Director General refuses to grant or renew an accreditation, the written notice under subregulation (6)(b) must state the reasons for the decision.

8. Persons authorised to give assurance certificates

(1) The following persons are authorised under an accreditation to give assurance certificates —

(a) if the accreditation is granted to an individual — the individual;

(b) if the accreditation is granted to a body corporate — each officer or employee of the body corporate specified in the written notice under regulation 7(6)(a);

(c) if the accreditation is granted to a partnership — each partner specified in the written notice under regulation 7(6)(a).

(2) Despite subregulation (1)(b) and (c), if an accreditation granted to a body corporate or a partnership has been amended under regulation 13 to vary the persons authorised to give assurance certificates, the persons authorised to give assurance certificates are the persons authorised under the accreditation as amended.

9. Accreditation conditions

(1) The Director General may grant or renew an accreditation subject to any conditions (accreditation conditions) that the Director General considers appropriate.

(2) An accreditation condition may provide for —

(a) persons authorised under the accreditation to give only a specified kind of assurance certificate; or

(b) conditions that must be satisfied before an assurance certificate is given; or

(d) the Director General to cancel the accreditation, or to suspend the accreditation —

(i) in specified circumstances; and

(ii) for a specified period or until the occurrence of a specified event;

(e) any other matter relating to the accreditation that the Director General considers appropriate.

10. Duration of accreditation

(1) An accreditation granted by the Director General comes into force on the day on which it is granted that is specified in the written notice of the accreditation.

(2) Unless it is sooner cancelled by the Director General under regulation 12, an accreditation remains in force until —

(a) 12 months after the day on which it is granted; or

(b) if the Director General renews the accreditation — 12 months after the last renewal of the accreditation comes into force.

(3) If an application for renewal of an accreditation is not decided on or before the day on which the accreditation expires (the expiry day), the accreditation remains in force after the expiry day until the Director General renews, or refuses to renew, the accreditation, unless before that time —

(a) the accreditation is cancelled under regulation 12; or

(b) the application for renewal is withdrawn.

(4) A renewal of an accreditation comes into force —

(a) on the day after the expiry day; or

(b) if subregulation (3) applies to the application for the renewal — on the day the Director General renews the accreditation that is specified in the written notice of renewal.

(5) An accreditation is taken not to be in force during any period when it is suspended under regulation 12.

11. Register of accreditations

(1) The Director General must keep a register of holders of accreditations.

(2) The register may be kept in the form that the Director General considers appropriate.

(3) If the holder of an accreditation consents, the Director General may make details of the holder included on the register available to the public.

(4) The Director General may make the register, or information obtained from the register, available to an officer of an authority of a State or Territory for the purposes of the administration of a corresponding law.

12. Cancellation or suspension of accreditation

(1) In this regulation —

relevant person, in relation to an accreditation, means —

(a) the holder of the accreditation; or

(b) a person authorised under the accreditation to give assurance certificates; or

(c) if the accreditation is granted to a corporation (as defined in the Corporations Act 2001 (Commonwealth) section 57A) — a related entity (as defined in section 9 of that Act) of the corporation.

(2) The Director General may cancel or suspend an accreditation on any of the following grounds —

(a) the application for the accreditation was false or misleading in a material particular;

(b) the holder has not paid a fee or charge owing under the Act;

(d) both —

(i) an accreditation condition provides for the Director General to cancel or suspend the accreditation in specified circumstances and for a specified period or until the occurrence of a specified event; and

(ii) those circumstances exist;

(e) a relevant person has committed an offence against the Act;

(f) a relevant person has, within 5 years before the cancellation or suspension, been convicted in the State or elsewhere of an offence that involves fraud or dishonesty;

(g) both —

(i) a relevant person has previously held a similar accreditation (however described) granted under a corresponding law of another State or a Territory or by an inspector, officer or authority of another State or a Territory; and

(ii) that accreditation was cancelled (otherwise than on the request of the holder of the accreditation);

(h) the holder has requested the Director General in writing to cancel the accreditation.

(3) If the Director General suspends an accreditation under subregulation (2)(d), the proposed period of suspension must be the period specified in the accreditation condition, or until the event specified in the accreditation condition, as the case may be.

13. Amendment of accreditation

If the Director General considers that an accreditation (including the persons authorised under the accreditation to give assurance certificates or any accreditation condition) should be amended, the Director General may amend the accreditation.

14. Procedures for cancellation, suspension or amendment of accreditation

(1) If the Director General proposes to do any of the following (the proposed action) —

(a) cancel an accreditation under regulation 12;

(b) suspend an accreditation under regulation 12;

the Director General must give the holder of the accreditation a written notice in accordance with subregulation (2).

(2) The written notice must —

(a) state the proposed action; and

(b) state the ground for the proposed action; and

(d) if the proposed action is to suspend the accreditation — state the proposed period of suspension; and

(e) if the proposed action is to amend the accreditation — state the proposed amendment; and

(f) invite the holder of the accreditation to make written representations to the Director General in relation to the proposed action within a period specified in the notice (which must not be shorter than 28 days after the notice is given).

(3) If, after considering any representations made within the period specified in the notice, the Director General still considers that a ground exists to take the proposed action, the Director General may —

(a) if the proposed action was to cancel the accreditation —suspend the accreditation for a period or cancel the accreditation; or

(b) if the proposed action was to suspend the accreditation — suspend the accreditation for no longer that the proposed period of suspension stated in the notice; or

(c) if the proposed action was to amend the accreditation — amend the accreditation in accordance with the proposed amendment stated in the notice.

(4) The Director General must inform the holder of the accreditation of the decision by written notice.

(5) If the Director General decides to cancel, suspend or amend the accreditation, the notice must state the reasons for the decision.

(6) The cancellation, suspension or amendment takes effect on the later of —

(a) the day on which the notice is given to the holder of the accreditation; or

(b) the day stated in the notice.

(7) Despite subregulations (1) and (2), if the Director General considers it necessary in the public interest, the Director General may, by written notice given to the holder of an accreditation, immediately suspend the accreditation until the earlier of —

(a) when the Director General has —

(i) complied with subregulations (1) and (2) in relation to the proposed action; and

(ii) informed the holder of the accreditation of the Director General’s decision under subregulation (4);

(b) 56 days after the notice is given to the holder of the accreditation.

(8) If the Director General suspends an accreditation in accordance with subregulation (7), the notice must state the reasons for the decision.

(9) Subregulations (1) to (6) do not apply —

(a) if the Director General proposes to amend an accreditation only —

(i) for a formal or clerical reason; or

(ii) in another way that does not adversely affect the interests of the holder of the accreditation;

(b) if the holder of the accreditation asks the Director General to cancel or amend the accreditation and the Director General proposes to give effect to the request.

(10) The Director General may cancel or amend an accreditation to which subregulation (9) applies by written notice given to the holder of the accreditation.

15. Return of accreditation documents

(1) This regulation applies if the Director General cancels, suspends or amends an accreditation.

(2) The Director General may, by written notice given to the holder of an accreditation, require the holder to return an accreditation document to the Director General within 14 days, or a longer period specified in the notice.

(3) A person must comply with a notice under subregulation (2) unless the person has a lawful excuse.

Penalty for an offence under subregulation (3): a fine of $5 000.

16. SAT review: accreditation

A person aggrieved by a decision of the Director General to —

(a) refuse to grant or renew an accreditation; or

(b) cancel an accreditation; or

(d) amend an accreditation,

may apply to the State Administrative Tribunal for review of the decision.

Division 3 — Offences

17. Contravention of accreditation conditions

The holder of an accreditation, or a person authorised under an accreditation to give assurance certificates, must not contravene an accreditation condition.

Penalty: a fine of $10 000.

18. Offences relating to assurance certificates

(1) A person commits an offence if —

(a) the person is not authorised under an accreditation to give assurance certificates; and

(b) the person purports to give an assurance certificate.

Penalty: a fine of $20 000.

(2) A person commits an offence if —

(a) the person —

(i) exports, or proposes to export, animals, agricultural products, potential carriers, animal feed or fertilisers; or

(ii) moves, or proposes to move, animals, agricultural products, potential carriers, animal feed or fertilisers within the State;

and

(b) the person does any of the things set out in subregulation (3); and

(c) the doing of the thing results, or is likely to result, in false or misleading information being stated in an assurance certificate.

Penalty: a fine of $20 000.

(3) The things to which subregulation (2) applies are —

(a) making a statement that the person knows is false or misleading in a material particular; or

(b) making a statement that is false or misleading in a material particular, with reckless disregard as to whether or not the statement is false or misleading in a material particular; or

(c) providing, or causing to be provided, information that the person knows is false or misleading in a material particular; or

(4) A person commits an offence if —

(a) the person makes a statement or other representation about any of the following (the relevant thing) —

(i) animals;

(ii) agricultural products;

(iii) potential carriers;

(iv) animal feed;

(v) fertilisers;

and

(b) the statement or representation is likely to cause another person reasonably to believe that an assurance certificate or interstate assurance certificate has been given in relation to the relevant thing; and

(d) the statement or representation is made —

(i) for the purposes of the sale of the relevant thing to a person in the State; or

(ii) for the purposes of the movement of the relevant thing into or within the State; or

(iii) to an inspector.

Penalty: a fine of $20 000.

Part 4 — Transitional provisions

19. Terms used

In this Part —

commencement day means the day on which these regulations (other than regulations 1 and 2) come into operation;

pre‑commencement accreditation means any of the following that is of effect immediately before commencement day —

(a) an accreditation granted by the department in accordance with the Memorandum of Understanding on Interstate Certification Assurance agreed at the 16th meeting of the Agriculture and Resource Management Council of Australia and New Zealand on 6 August 1999; or

(b) an accreditation granted by the department and known as an accreditation for a Certification Assurance arrangement; or

20. Accreditations given before commencement

(1) On and from commencement day, a pre‑commencement accreditation has effect as if were an accreditation granted under regulation 7.

(2) An accreditation to which subregulation (1) applies —

(a) expires at the end of the period for which the pre‑commencement accreditation was granted that is stated on the certificate given to the holder for the pre‑commencement accreditation; and

(b) is taken to authorise each person named in the application for the pre‑commencement accreditation as a person responsible for the accreditation to give assurance certificates; and

(i) a condition that persons authorised under the accreditation may only give assurance certificates in accordance with the certificate given to the holder for the pre‑commencement accreditation; and

(ii) conditions imposing the requirements specified in the operational procedure given to the holder for the pre‑commencement accreditation (to the extent those requirements are consistent with the Act and these regulations).

(3) Subregulation (2) does not prevent the cancellation, suspension or amendment under these regulations of the accreditation or any accreditation condition.

Notes

1 This is a compilation of the Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013	25 Feb 2013 p. 1047-72	r. 1 and 2: 25 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2013 (see. r. 2(b)(i) and Gazette 5 Feb 2013 p. 823)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

accreditation 3

accreditation condition 3

accreditation conditions 9(1)

accreditation document 3

assurance certificate 3, 6(1)

certified thing 3, 4(1), 6(1)

commencement day 19

corresponding law 3

expiry day 10(3)

export certificate 3, 4(1)

gazettal day 2

holder 3

interstate assurance certificate 3

interstate export certificate 3

person authorised 3

pre‑commencement accreditation 19

proposed action 14(1)

relevant person 12(1)

relevant thing 5(4), 18(4)

Western Australia

Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Western Australia

Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 2

Part 2 — Export certificates

Inspector may give export certificate 4
Offences relating to export certificates 5

Part 3 — Accreditation to give assurance certificates

Division 1 — Assurance certificates

Person authorised under accreditation may give assurance certificate 8

Division 2 — Accreditation

Accreditation of persons to give assurance certificates 9
Persons authorised to give assurance certificates 10
Accreditation conditions 11
Duration of accreditation 11
Register of accreditations 12
Cancellation or suspension of accreditation 13
Amendment of accreditation 14
Procedures for cancellation, suspension or amendment of accreditation 14
Return of accreditation documents 17
SAT review: accreditation 17

Division 3 — Offences

Contravention of accreditation conditions 17
Offences relating to assurance certificates 17

Part 4 — Transitional provisions

Terms used 20
Accreditations given before commencement 20