Part 3Managing biosecurity risks: conveyances

Part 3—Managing biosecurity risks: conveyances 32 Conveyances in Australian territory on commencement day (1) For the purposes of the Biosecurity Act, a conveyance in Australian territory is taken to become subject to biosecurity control under subsection 191(2) of that Act at the beginning of the commencement day if: (a) the conveyance had entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory; or (b) the conveyance was subject to quarantine (including because of subsection 19(1) or (4) or 19AA(1) or (4) of the Quarantine Act) immediately before the commencement day. (2) However, a conveyance referred to in paragraph (1)(a) is not taken to become subject to biosecurity control because of subitem (1) if the conveyance: (a) had been ordered, or was taken to have been ordered, into quarantine under the Quarantine Act; and (b) had been released from quarantine; and (c) was not subject to quarantine immediately before the commencement day. 33 Application of Biosecurity Act to conveyances in Australian territory on commencement day (1) Section 191 of the Biosecurity Act applies in relation to an aircraft or vessel that enters Australian territory on or after the commencement day during a flight or voyage that commenced outside Australian territory. (2) Subsections 191(3) and (4) of the Biosecurity Act also apply to a conveyance that is taken under item 32 to have become subject to biosecurity control. This has effect despite subsection 191(1). (3) Despite subitem 32(1), a biosecurity officer must not exercise a power under subsection 206(2) (movement of certain aircraft and vessels) of the Biosecurity Act in relation to a conveyance that is subject to biosecurity control because of that subitem unless the conveyance had originally entered Australian territory during a journey that commenced outside Australian territory. (4) If, because of subitem (3), a biosecurity officer cannot exercise a power under subsection 206(2) of the Biosecurity Act in relation to a conveyance, the biosecurity officer may exercise a power under subsection 207(2) (movement of conveyances) of that Act in relation to the conveyance. This has effect despite subitem 32(1). 34 Permissions for aircraft or vessels to be brought to place other than landing place or first port of entry (a) permission had been given under subsection 20AA(1) of the Quarantine Act for a vessel to be brought to a place (the alternative place) other than a first port of entry, a first Cocos Island port of entry, a first Christmas Island port of entry or a landing place; and (b) the permission was in force immediately before the commencement day; then the permission has effect, on and after the commencement day: (c) as if it were a permission: (i) if the vessel was an aircraft—given under subsection 239(2) of the Biosecurity Act for the aircraft to land at the alternative place; or (ii) if the vessel was not an aircraft—given under subsection 247(2) of the Biosecurity Act for the vessel to be moored at the alternative place; and (d) if the permission was subject to any conditions—subject to those conditions. (2) If the permission has not ceased to be in force before the end of 2 years beginning on the commencement day, the permission ceases to be in force at the end of that period. 35 Notification of outbreak of disease on aircraft or vessel If the master of an aircraft or vessel had notified a quarantine officer of a matter referred to in paragraph 22(2)(a) of the Quarantine Act, then the notification has effect, on and after the commencement day, as if it were a report about the matter given under section 193 of the Biosecurity Act in accordance with subsection 193(2) of that Act. 36 Requirement relating to movement of vessel If: (a) the master of a vessel had been required, under section 25 of the Quarantine Act, to bring the vessel to; and (b) the requirement was in force immediately before the commencement day; then the requirement has effect, on and after the commencement day, as if it were a direction given to the person in charge of the vessel under subparagraph 202(1)(a)(ii) of the Biosecurity Act. 37 Pre‑arrival reports for vessels (a) a vessel (including an installation) had entered Australian territory before the commencement day, or it is intended that the vessel enter Australian territory on or after that day, during a voyage that commenced outside Australian territory; and (b) information in respect of the vessel had been given to a quarantine officer as required by subsection 27A(2) of the Quarantine Act before the commencement day. (2) The operator of the vessel is not required to comply with section 193 of the Biosecurity Act in relation to the vessel. (3) If information in respect of the vessel had also been given to a quarantine officer under subsection 27A(3) of the Quarantine Act, the operator of the vessel is not required to comply with section 194 of the Biosecurity Act in relation to that information. (4) However, if the person in charge or the operator of the vessel becomes aware after the commencement day that information given under subsection 27A(2) or (3) of the Quarantine Act was incomplete or incorrect, then the operator must give the additional or corrected information to a biosecurity officer under section 194 of the Biosecurity Act as soon as practicable. (5) For the purposes of subitem (4), section 194 of the Biosecurity Act applies as if a reference to a report in relation to the vessel under section 193 included a reference to information in respect of the vessel under subsection 27A(2) or (3) of the Quarantine Act. 38 Pre‑arrival reports for aircraft (a) an aircraft had entered Australian territory before the commencement day, or it is intended that the aircraft enter Australian territory on or after that day, during a flight that commenced outside Australian territory; and (b) information in respect of the aircraft had been given to a quarantine officer as required by subsection 27B(2) of the Quarantine Act before the commencement day. (2) The operator of the aircraft is not required to comply with section 193 of the Biosecurity Act in relation to the aircraft. (3) If information in respect of the aircraft had also been given to a quarantine officer under subsection 27B(3) of the Quarantine Act, the operator of the aircraft is not required to comply with section 194 of the Biosecurity Act in relation to that information. (4) However, if the person in charge or the operator of the aircraft becomes aware after the commencement day that information given under subsection 27B(2) or (3) of the Quarantine Act was incomplete or incorrect, then the operator must give the additional or corrected information to a biosecurity officer under section 194 of the Biosecurity Act as soon as practicable. (5) For the purposes of subitem (4), section 194 of the Biosecurity Act applies as if a reference to a report in relation to the aircraft under section 193 included a reference to information in respect of the aircraft under subsection 27B(2) or (3) of the Quarantine Act. 39 Directions about movement of conveyances (1) This item applies to a direction that: (a) was in force immediately before the commencement day; and (b) was given under subsection 36(1) or (2), 74D(1) or 78B(1) of the Quarantine Act to a person in charge of a conveyance that is taken under item 32 of this Schedule to have become subject to biosecurity control at the beginning of the commencement day (whether because of paragraph (1)(a) of that item or not). (2) To the extent that the direction relates to movement of the conveyance, the direction has effect on and after the commencement day as if it were a direction given to the person in charge of the conveyance under paragraph 206(2)(a) of the Biosecurity Act. 40 Movement of conveyance in quarantine (1) This item applies in relation to a conveyance that was in quarantine immediately before the commencement day. (2) A biosecurity officer is taken to have given the person in charge of the conveyance a direction under subparagraph 202(1)(a)(iii) of the Biosecurity Act at the beginning of the commencement day not to allow the conveyance to be moved. Note: Section 40 of the Quarantine Act would have applied in relation to the conveyance immediately before the commencement day. (a) a person had been given permission under subsection 40(2) of the Quarantine Act for the conveyance to be moved; and (b) the permission was in force immediately before the commencement day; 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 move the conveyance. 41 Directions to treat conveyances (1) This item applies to a direction that: (a) was in force immediately before the commencement day; and (b) either: (i) was given under subsection 48AB(3) or (3A) of the Quarantine Act to a person in charge of a conveyance; or (ii) was given under subsection 74D(1) of the Quarantine Act to a person in charge of a conveyance that is taken under item 32 of this Schedule to have become subject to biosecurity control at the beginning of the commencement day. (2) To the extent that the direction relates to treatment of, or performance of work on, the conveyance, the direction has effect on and after the commencement day as if it were a direction given to the person in charge of the conveyance under paragraph 213(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under subsection 208(1) of that Act. (3) Also, if the direction was given under subsection 48AB(3) or (3A) of the Quarantine Act, the Biosecurity Act applies in relation to the conveyance as if it were an exposed conveyance that is subject to biosecurity control. 42 Notices affixed to conveyances by quarantine officer If: (a) a notice had been affixed on a part of a conveyance under paragraph 74(1)(a) of the Quarantine Act; and (b) the notice had not been removed from the conveyance 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 conveyance under subsection 203(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.