Schedule 3—Transitional provisions commencing on Royal Assent
1 Determination of first points of entry
Determination may be made without usual prerequisites
(1) Despite subsections 223(2) and 229(2) of the Biosecurity Act, the Director of Biosecurity or the Director of Human Biosecurity:
(a) may make a determination under subsection 223(1) of that Act in relation to a landing place even if the Director is not satisfied of the matters referred to in subsection 223(2) of that Act in relation to the landing place; and
(b) may make a determination under subsection 229(1) of that Act in relation to a port even if the Director is not satisfied of the matters referred to in subsection 229(2) of that Act in relation to the port.
Note: The Director may make the determination before the commencement of section 223 or 229 of the Biosecurity Act, relying on section 4 of the Acts Interpretation Act 1901. The determination will come into effect on or after that commencement.
Limited life of determination made relying on subitem (1)
(2) If the Director of Biosecurity or the Director of Human Biosecurity:
(a) makes a determination under subsection 223(1) of the Biosecurity Act in relation to a landing place without being satisfied of the matters referred to in subsection 223(2) of that Act in relation to the landing place; or
(b) makes a determination under subsection 229(1) of the Biosecurity Act in relation to a port without being satisfied of the matters referred to in subsection 229(2) of that Act in relation to the port;
then the determination must not be expressed or varied to have effect for a period that is longer than the transition period or, if the transition period has been extended under subitem (4) for the landing place or port, the extended transition period.
(3) Unless it has already ceased to have effect, a determination referred to in subitem (2) relating to a landing place or port ceases to have effect at the end of the transition period or, if the transition period has been extended under subitem (4) for the landing place or port, the extended transition period.
Extending life of determination made relying on subitem (1)
(4) If the Director of Biosecurity or the Director of Human Biosecurity is satisfied that:
(a) the requirements referred to in subsection 223(2) of the Biosecurity Act will not be able to be met in relation to a landing place referred to in subitem (2) by the end of the transition period; or
(b) the requirements referred to in subsection 229(2) of the Biosecurity Act will not be able to be met in relation to a port referred to in subitem (2) by the end of the transition period;
the relevant Director may, by legislative instrument, extend the transition period in relation to the landing place or port.
(5) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument made under subitem (4).
Definitions
(6) In this item:
Biosecurity Act means the Biosecurity Act 2015.
Director of Biosecurity has the same meaning as in the Biosecurity Act.
Director of Human Biosecurity has the same meaning as in the Biosecurity Act.
landing place has the same meaning as in the Biosecurity Act.
port has the same meaning as in the Biosecurity Act.
transition period means the 3 years beginning on the day on which section 3 of the Biosecurity Act commences.
Operation before commencement of certain provisions of the Biosecurity Act
(7) To avoid doubt, this item operates before the commencement of sections 9, 223, 229, 540 and 544 of the Biosecurity Act in the same way as this item would if those sections had commenced.
Note: Sections 9, 540 and 544 of the Biosecurity Act define Director of Biosecurity, Director of Human Biosecurity, landing place and port.
Schedule 4—Application, saving and transitional provisions commencing later
Part 1—Preliminary
1 Definitions
(1) In this Schedule:
Biosecurity Act means the Biosecurity Act 2015.
cessation time:
(a) for a transitional approved arrangement that is taken to exist because of subitem 47(2)—has the meaning given by subitem 47(4); and
(b) for a transitional approved arrangement that is taken to exist because of subitem 52(3)—has the meaning given by subitem 52(4).
commencement day means the day on which section 3 of the Biosecurity Act commences.
Quarantine Act means the Quarantine Act 1908.
released from quarantine means released from quarantine under the Quarantine Act.
subject to quarantine means subject to quarantine under the Quarantine Act.
under, in relation to the Quarantine Act, has the meaning given by subsection 5(1A) of that Act immediately before its repeal.
(2) An expression used in a provision of this Schedule and in the Biosecurity Act has the same meaning in that provision as it has in the Biosecurity Act, subject to subitem (3).
(3) An expression used in a provision of this Schedule and in the Quarantine Act has the same meaning in that provision as it had in the Quarantine Act to the extent that:
(a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the Quarantine Act before the commencement day; or
(b) the provision has the effect that a provision of the Quarantine Act continues to apply despite the repeal of that Act.
(4) A reference in this Schedule to any thing under a particular provision of the Quarantine Act that mentions the thing but does not give power to make, give or do the thing includes a reference to the thing made, given or done under subsection 6B(1) of the Quarantine Act for the purposes of the provision.
2 Section 7 of the Acts Interpretation Act 1901
This Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of the Quarantine Act by this Act.
Part 2—Managing biosecurity risks: goods
Division 1—Goods brought into Australian territory or otherwise subject to quarantine
3 Goods brought into Australian territory or otherwise subject to quarantine before commencement day
(1) For the purposes of the Biosecurity Act, goods in Australian territory at the beginning of the commencement day are taken to become subject to biosecurity control then if:
(a) the goods had been brought into Australian territory on an aircraft or vessel that had entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory; and
(b) any of the following subparagraphs applied to the goods immediately before the commencement day:
(i) the goods had not been unloaded from the aircraft or vessel;
(ii) the goods were within the precincts of a landing place or port;
(iii) the goods were subject to quarantine and were at a place approved under subsection 46A(1) of the Quarantine Act;
(iv) the goods were subject to quarantine and were subject to the application of procedures in accordance with a compliance agreement under section 66B of the Quarantine Act;
(v) the goods had been ordered, or were taken to have been ordered, into quarantine under the Quarantine Act;
(vi) the goods were in a quarantine station, or other quarantine or biosecurity facility, in accordance with a law of the Commonwealth or a State or Territory relating to quarantine or biosecurity;
(vii) the goods were under quarantine surveillance under section 52 of the Quarantine Act; and
(c) the goods had not been released from quarantine after the most recent time one of the subparagraphs of paragraph (b) started to apply to the goods.
(2) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if, immediately before that day, the goods were subject to quarantine and there was in force one of the following that had not been fully complied with:
(a) a notice under subsection 16AF(1) of the Quarantine Act authorising the goods to be brought into Australia, the Cocos Islands or Christmas Island and requiring a person to do a specified thing;
(b) a condition, of a written permission under paragraph 20D(2)(b) or subsection 29(4), 29A(3) or 44B(6) or (7) of the Quarantine Act relating to the goods, that a person do a specified thing;
(c) a direction under subsection 29B(1) or 44A(4), paragraph 48(2)(b), subsection 48AB(1), 48AC(1), 48AD(1) or 74D(1) of the Quarantine Act relating to the goods.
(3) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if:
(a) a direction relating to the goods had been given under subsection 48(1), (3) or (6) or 70D(2) of the Quarantine Act before that day (whether or not it had been fully complied with before that day); and
(b) the goods were subject to quarantine immediately before that day.
4 Application of section 119 of the Biosecurity Act
(1) Section 119 of the Biosecurity Act applies in relation to goods that are brought into Australian territory on an aircraft or vessel that enters Australian territory or after the commencement day during a flight or voyage that commenced outside Australian territory.
(2) Subsections 119(3) and (4) of the Biosecurity Act also apply in relation to goods that are taken under item 3 to have become subject to biosecurity control. This has effect despite subsection 119(1) of that Act.
5 Notice of proposed importation of goods
(a) a person had given a notice of a proposed importation of goods into Australia, the Cocos Islands or Christmas Island, under subsection 16AC(1) of the Quarantine Act; and
(b) the goods were not imported into Australia, the Cocos Islands or Christmas Island, before the commencement day;
then the notice has effect, on and after the commencement day, as if it had been given in relation to the goods in accordance with subsection 120(1) of the Biosecurity Act.
(a) a person had imported goods into Australia, the Cocos Islands or Christmas Island before the commencement day; and
(b) notice of the proposed importation of the goods had not been given under subsection 16AC(1) or (2) of the Quarantine Act before that day;
then a notice in relation to the goods must be given in accordance with section 120 of the Biosecurity Act.
6 Notice requiring additional information about goods
If:
(a) a written notice had been given to a person under subsection 16AD(1) of the Quarantine Act requiring the person to give information about particular goods; and
(b) the notice was in force immediately before the commencement day;
then the requirement in the notice has effect, on and after the commencement day, as if it had been made by a biosecurity officer under subsection 126(1) of the Biosecurity Act.
7 Notice to do specified thing in relation to goods
(a) a notice had been given to a person under subsection 16AF(1) of the Quarantine Act requiring the person to do a specified thing in relation to goods that had been ordered into quarantine; and
(b) the requirement in the notice had not been complied with before the commencement day; and
(c) the goods had not been released from quarantine before the commencement day.
(a) the person must comply with the requirement in the notice; and
(b) subsection 16AF(3) of that Act continues to apply in relation to the requirement.
(a) complying with the requirement in the notice was a condition of the goods being released from quarantine; and
(b) the person complies with the requirement on or after the commencement day; and
(c) apart from this Act, the goods would have been released from quarantine at a particular time (the release time) wholly or partly because of that compliance; and
(d) immediately before that time the goods were subject to biosecurity control because, under subitem 3(2), they were taken to become subject to biosecurity control at the beginning of the commencement day;
the goods are taken for the purposes of the Biosecurity Act to be released from biosecurity control by notification under paragraph 162(1)(a) of that Act at the release time.
8 Unloading goods at landing place or port at which aircraft or vessel has arrived
(1) This item applies in relation to goods brought into Australian territory on an aircraft or vessel that entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory if:
(a) the aircraft or vessel has arrived at a landing place or port in Australian territory that was declared under the Quarantine Act to be a port at which goods of that kind or description were permitted to be landed; and
(b) the goods are on board the aircraft or vessel that brought them into Australian territory; and
(c) the goods are intended to be unloaded from the aircraft or vessel at that landing place or port.
Note: The goods will be subject to biosecurity control because of item 3.
(2) If the landing place or port is not a first point of entry for the goods, the Biosecurity Act applies as if the landing place or port were a first point of entry for the goods.
(3) If there is a biosecurity entry point at the landing place or port for the goods but the goods have not been brought to that biosecurity entry point, the Biosecurity Act applies as if the place where the goods have been brought were a biosecurity entry point for the goods.
Note: See section 147 of the Biosecurity Act.
9 Permission to land goods at place other than declared port
(a) a person had been given permission under paragraph 20D(2)(b) of the Quarantine Act for goods to be landed at a place; and
(b) the permission was in force immediately before the commencement day.
(2) The permission has effect, on and after the commencement day:
(a) as if it were a permission given under subsection 146(2) of the Biosecurity Act for the goods to be unloaded at that place; and
(b) if the permission was subject to any conditions—subject to those conditions.
(3) If the permission has not ceased to be in force before the end of 1 year beginning on the commencement day, the permission ceases to be in force at the end of that period.
10 Permission to allow goods to be removed from vessel or installation
(1) Subitem (2) applies if:
(a) the master of a vessel or an installation had been given permission under subsection 29(4) of the Quarantine Act to allow another person to remove goods from the vessel or installation during a specified period; and
(b) the permission was subject to a condition; and
(c) the period had not ended before the commencement day.
(a) the permission and the condition continue to have effect; and
(b) subsection 29(5) of that Act continues to apply in relation to the permission and the condition.
(3) Subitem (4) applies if:
(a) the master of a vessel or an installation had been given permission under subsection 29A(3) of the Quarantine Act to allow another person to remove goods from the vessel or installation during a specified period; and
(b) the permission was subject to a condition; and
(c) the period had not ended before the commencement day.
(4) Despite the repeal of the Quarantine Act by this Act:
(a) the permission and the condition continue to have effect; and
(b) subsections 29A(4) and (4A) of that Act continue to apply in relation to the permission and the condition.
11 Directions relating to movement of animals on aircraft or vessels
If:
(a) a person had been given a direction in relation to an animal under paragraph 29B(1)(a) of the Quarantine Act; and
then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subparagraph 128(1)(a)(iii) of the Biosecurity Act.
12 Goods on board aircraft or vessel that was in quarantine
Direction not to unload goods
(a) goods are on board an aircraft or vessel that was in quarantine under the Quarantine Act immediately before the commencement day; and
(b) the goods are subject to biosecurity control because of item 3;
then a biosecurity officer is taken to have given the person in charge of the aircraft or vessel a direction under subsection 143(3) of the Biosecurity Act at the beginning of the commencement day not to allow the goods to be unloaded from the aircraft or vessel.
Receiving or possessing goods unloaded in contravention of Quarantine Act
(2) Without limiting its effect apart from this subitem, section 149 of the Biosecurity Act also has the effect it would have if:
(a) the heading were amended by adding at the end “or the Quarantine Act 1908”; and
(b) subparagraph (1)(b)(ii) were amended by inserting “or section 44 of the Quarantine Act 1908” after “subsection 145(1)”; and
(c) paragraph (2)(b) were amended by inserting “or section 44 of the Quarantine Act 1908” after “subsection 145(1)”.
13 Direction not to unload certain goods that were subject to quarantine
If:
(a) a person had been given a direction under subsection 44A(4) of the Quarantine Act not to unload goods from a vessel; and
then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subsection 144(3) of the Biosecurity Act.
14 Permission to do relevant act in relation to goods that were subject to quarantine
If:
(a) a person had been given permission under subsection 44B(6) or (7) of the Quarantine Act to do a relevant act in relation to goods; and
(b) the permission was in force immediately before the commencement day; and
(c) the goods are subject to biosecurity control because of item 3;
then the permission has effect, on and after the commencement day, as if it were a permission given to the person under section 557 of the Biosecurity Act to do the relevant act in relation to the goods.
15 Directions about movement of goods
On and after the commencement day, a direction or notice that:
(b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and
has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under section 132 of that Act in relation to the goods.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="4" style="width:343.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Directions and notices relating to movement of goods</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Provision of Quarantine Act</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Kind of direction or notice</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p><p class="TableHeading"><span>Kind of goods</span></p></td></tr></thead><tbody><tr><td style="width:3.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:88.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph 48(1)(b) or subsection</span><span> </span><span>48(3) or 48(6)</span></p></td><td style="width:124.25pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction:</span></p><p class="Tablea"><span>(a) that goods be taken to a place and detained there in a specified manner and for a specified period; or</span></p><p class="Tablea"><span>(b) that relates to the extent to which goods may be moved, dealt with or interfered with; or</span></p><p class="Tablea"><span>(c) that goods be detained at a vessel, installation, quarantine station or other place, in a specified manner and for a specified period</span></p></td><td style="width:95.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that:</span></p><p class="Tablea"><span>(a) had been ordered into quarantine under the Quarantine Act; and</span></p><p class="Tablea"><span>(b) had not been released from quarantine before the commencement day</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>52(5A)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction relating to the movement of an animal</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Animal that was under quarantine surveillance under subsection</span><span> </span><span>52(3) of the Quarantine Act</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>56(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electronic notice including under paragraph</span><span> </span><span>56(2)(d) or (e) of the Quarantine Act a requirement relating to the movement of goods</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that were in quarantine immediately before the commencement day in accordance with the notice</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph 70D(2)(a), (b) or (c)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction relating to the leaving or movement of goods</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that were subject to quarantine</span></p></td></tr></tbody></table>
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16 Directions to treat goods
On and after the commencement day, a direction or notice that:
(b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and
has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under subsection 133(1) of that Act in relation to the goods.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="4" style="width:343.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Directions and notices relating to treatment of goods</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Provision of Quarantine Act</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Kind of direction or notice</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p><p class="TableHeading"><span>Kind of goods</span></p></td></tr></thead><tbody><tr><td style="width:3.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:88.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph 48(2)(b)</span></p></td><td style="width:124.25pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to cause goods to be treated in a specified manner</span></p></td><td style="width:95.45pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that:</span></p><p class="Tablea"><span>(a) had been ordered into quarantine under the Quarantine Act; and</span></p><p class="Tablea"><span>(b) had not been released from quarantine before the commencement day</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>48AB(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to treat goods in a stated manner</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Animal, plant or other goods</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>48AC(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to cause a plant, part of a plant, soil or seed to be treated in a specified manner</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Plant, part of a plant, soil or seed</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>48AD(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to treat package, packing material or other waste material</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Package, packing material or other waste material situated at a place</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>52(5A)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction requiring an animal to be treated in a specified manner</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Animal that was under quarantine surveillance under subsection</span><span> </span><span>52(3) of the Quarantine Act</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>56(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electronic notice including under paragraph</span><span> </span><span>56(2)(c) of the Quarantine Act a requirement to cause goods to be treated in a specified manner</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that were in quarantine immediately before the commencement day in accordance with the notice</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>74D(1)</span></p></td><td style="width:124.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to take measures in respect of goods to prevent the introduction, establishment or spread of a disease or pest</span></p></td><td style="width:95.45pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Goods that:</span></p><p class="Tablea"><span>(a) either are infected or were subject to quarantine; and</span></p><p class="Tablea"><span>(b) are being, or will be, carried on a vehicle or vessel</span></p></td></tr></tbody></table>
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17 Directions to destroy goods
On and after the commencement day, a direction that:
(b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and
has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under subsection 136(1) of that Act in relation to the goods.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="4" style="width:343.65pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Directions relating to destruction of goods</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p><p class="TableHeading"><span>Provision of Quarantine Act</span></p></td><td style="width:109.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p><p class="TableHeading"><span>Kind of direction</span></p></td><td style="width:110pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p><p class="TableHeading"><span>Kind of goods</span></p></td></tr></thead><tbody><tr><td style="width:3.15pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:88.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph 29B(1)(c)</span></p></td><td style="width:109.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction about disposal of an animal</span></p></td><td style="width:110pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Animal that was killed, or died, after being brought on board a vessel or installation</span></p></td></tr><tr><td style="width:3.15pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:88.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Subsection</span><span> </span><span>48AD(1)</span></p></td><td style="width:109.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Direction to destroy or otherwise dispose of package, packing material or other waste material</span></p></td><td style="width:110pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Package, packing material or other waste material situated at a place</span></p></td></tr></tbody></table>
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18 Directions in relation to goods ordered into quarantine
(1) This item applies in relation to goods that:
(a) had been ordered into quarantine under the Quarantine Act; and
(b) had not been released from quarantine before the commencement day.
Direction that goods be detained where they are
(a) a direction had been given to a person under paragraph 48(1)(a) of the Quarantine Act that the goods be detained on board a vessel or installation, or at premises, in a specified manner and for a specified period; and
then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subsection 124(1) of the Biosecurity Act to secure the goods on board the vessel or installation, or at the premises, in the specified manner and for the specified period.
Direction that goods be exported
(a) a direction had been given to a person under paragraph 48(1)(c) of the Quarantine Act that the goods be exported from Australia; and
then the direction has effect, on and after the commencement day, as if it were a direction given to the person under paragraph 135(2)(b) of the Biosecurity Act.
19 Goods that were required to be destroyed
(1) This item applies in relation to goods that:
(a) had been required under subsection 48AA(2) of the Quarantine Act to be destroyed; and
(b) are subject to biosecurity control because of item 3.
Ministerial approval not required
(2) If the goods could have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act, then the Biosecurity Act applies in relation to the goods as if:
(a) the goods were not high‑value goods; and
(b) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed.
Ministerial approval required and given
(a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and
(b) the Minister’s written approval had been given before the commencement day;
then the Biosecurity Act applies in relation to the goods as if:
(c) the goods were high‑value goods; and
(d) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed.
Ministerial approval required and not given
(4) If:
(a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and
(b) the Minister’s written approval had not been given before the commencement day;
then the Biosecurity Act applies in relation to the goods as if they were high‑value goods.
Note: The goods may be required to be destroyed under section 136 of the Biosecurity Act.
20 Treatment required that might damage goods
(1) This item applies in relation to goods if:
(a) the goods had been required under the Quarantine Act to be treated; and
(b) a quarantine officer had believed on reasonable grounds that the goods could not be effectively treated without being damaged; and
(c) the goods had not been treated as required before the commencement day.
Permission for treatment given
(2) If the owner of the goods, or the agent of the owner of the goods, had agreed to the treatment before the commencement day, then the Biosecurity Act (other than subsection 133(2) and section 134) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act.
Permission for treatment requested but not given
(a) the owner of the goods, or the agent of the owner of the goods, had been given a notice under subsection 48AA(4) of the Quarantine Act; and
(b) the owner or agent had not agreed to the treatment before the commencement day; and
(c) the goods had not been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act;
then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if:
(d) the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act; and
(e) the notice had been given to a person in charge of the goods under subsection 134(2) of that Act.
Note: Item 24 deals with goods that had been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act.
Permission for treatment not requested
(4) If:
(a) the owner of the goods, or the agent of the owner of the goods, had not been given a notice under subsection 48AA(4) of the Quarantine Act; and
(b) the owner or agent had not agreed to the treatment before the commencement day;
then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act.
21 Direction to treat goods exposed to goods that were subject to quarantine
If:
(a) a person had been given a direction under subsection 48AB(1) of the Quarantine Act to treat goods; and
then the Biosecurity Act applies in relation to the goods as if an exposed goods order were in force in relation to the goods.
22 Direction to treat plant etc.
If:
(a) a person had been given a direction under subsection 48AC(1) of the Quarantine Act requiring a plant, a seed or soil to be treated in a specified manner; and
then the plant, seed or soil is taken for the purposes of the Biosecurity Act to be subject to biosecurity control (whether it is also taken under item 3 to become subject to biosecurity control or not).
23 Direction to treat or destroy package, packing material or other waste material
If:
(a) a person had been given a direction under subsection 48AD(1) of the Quarantine Act to treat, destroy or otherwise dispose of a package, packing material or other waste material; and
then the Biosecurity Act applies in relation to the package, packing material or other waste material as if it were subject to biosecurity control.
24 Abandoned or forfeited goods
(a) goods had been forfeited to the Commonwealth under subsection 48AA(5) or 48A(1), (2) or (3) of the Quarantine Act; and
(b) the goods had not been disposed of as permitted by the relevant subsection before the commencement day;
then the Biosecurity Act applies in relation to the goods as if they had been forfeited to the Commonwealth, at the beginning of the commencement day, under subsection 627(2) of that Act.
(2) For the purpose of the application of the Biosecurity Act in relation to goods to which subitem (1) applies, the Director of Biosecurity may, if necessary, take possession of the goods.
(a) a notification under paragraph 48A(2)(a) of the Quarantine Act had been given to the owner of goods less than 30 days before the commencement day; and
(b) the owner of the goods had not collected the goods before the commencement day; and
(c) the owner of the goods does not collect the goods within 30 days after the date on which the notification was given;
then:
(d) the goods are forfeited to the Commonwealth at the end of that 30‑day period; and
(e) the Biosecurity Act applies in relation to the goods as if the forfeiture had occurred under subsection 627(2) of that Act.
25 Goods ordered into quarantine by electronic notice
Despite the repeal of the Quarantine Act by this Act:
(a) a notice that:
(i) was given to a person under subsection 56(1) of that Act before the commencement day; and
(ii) was in force immediately before the commencement day; and
(iii) ordered goods into quarantine and set out the extent (if any) to which the person may deal with or interfere with the goods; and
(iv) related to goods that were in quarantine immediately before the commencement day;
continues to have effect to the extent that it set out the extent (if any) to which the person may deal with or interfere with the goods; and
(b) subsection 56(5) of that Act continues to apply to a notice described in paragraph (a) of this item:
(i) to the extent that the notice set out the extent (if any) to which the person may deal with or interfere with the goods; and
(ii) as if paragraph (c) of that subsection referred to biosecurity risk, within the meaning of the Biosecurity Act, instead of quarantine risk.
26 Offence of possessing or conveying goods imported in contravention of Quarantine Act
Despite the repeal of the Quarantine Act, subsection 70C(3) of that Act continues to apply.
27 Directions to persons in quarantine stations etc. to undergo decontamination
If:
(a) a person had been given a direction under subsection 70E(1) or (2) of the Quarantine Act to subject himself or herself to decontamination; and
then the direction has effect, on and after the commencement day, as if it were a direction given to the person under paragraph 559(4)(a) of the Biosecurity Act.
28 Notices affixed to goods by quarantine officer
If:
(a) a notice had been affixed on goods under paragraph 74(1)(b) of the Quarantine Act; and
(b) the notice had not been removed from the goods before the commencement day;
then the notice has effect, on and after the commencement day, as if:
(c) the notice were a biosecurity control notice affixed to the goods under subsection 129(1) of the Biosecurity Act; and
(d) a reference in the notice to the Quarantine Act 1908 were a reference to the Biosecurity Act 2015; and
(e) a reference in the notice to quarantine risk were a reference to biosecurity risk; and
(f) a reference in the notice to the level of quarantine risk were a reference to the level of biosecurity risk.