Part 1
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Commonwealth legislation
This Regulation sets the operational rules under the Biosecurity Act 2015: who must notify biosecurity authorities about goods and specified animals arriving by air or sea, what information is required, timing/manner of notices, isolation and trap powers, BIRA procedures, and a detailed fee schedule (see ss11–15, 17–21, 23–30, 54, 106–109).
It makes importers, operators and owners financially liable for services and penalties (s109, 106, 110), gives officials decision‑making discretion on isolation, assessment and approvals (s17, 28, 79), and creates timeframes and penalties that change commercial and logistical behaviour (ss86, 88, 108).
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Direct links to the current provisions in Biosecurity Regulation 2016.
This is the Biosecurity Regulation 2016.
This instrument is made under the Biosecurity Act 2015.
(1) For subsection 7(2) of the Biosecurity Act 2015, the Biosecurity Act 2015 (other than Chapter 5 which deals with ballast water) extends to Norfolk Island on and after 1 July 2016.
Note: Chapter 5 of the Act extends to Norfolk Island because of section 259 of the Act.
Application of this instrument to Norfolk Island (2) This instrument applies in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016, or in relation to things done in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian territory;
(b) conveyance;
(c) cost‑recovery charge;
(d) fee‑bearing activities;
(e) goods.
In this instrument:
Act means the Biosecurity Act 2015 and includes:
(a) instruments made under that Act; and
(b) the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Biosecurity Act 2015.
animal reproductive material means any part of an animal from which another animal can be produced, and includes an embryo, an egg or ovum, or semen.
annual review program has the meaning given by subsection 90(1).
approved form:
(a) for a notice under section 120 of the Act—means a form approved under paragraph 120(3)(d) of the Act; or
(b) for a report under section 193 of the Act—means a form approved under paragraph 193(2)(d) of the Act.
Australia Post means the Australian Postal Corporation.
bee means an insect of the family Apoidea.
BIRA report means:
(a) a draft BIRA report; or
(b) a provisional BIRA report; or
(c) a final BIRA report.
BIRA review report means:
(a) a draft BIRA review report; or
(b) a final BIRA review report.
bird does not include a chick that hatches while the egg is in a post‑entry quarantine facility.
category 1 goods means goods that are:
(a) listed as category 1 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or
(b) included in a class of goods that is listed as category 1 goods in such a determination.
category 1 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take no longer than 30 minutes to assess.
category 2 goods means goods that are:
(a) listed as category 2 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or
(b) included in a class of goods that is listed as category 2 goods in such a determination.
category 2 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 30 minutes but no longer than 1 hour to assess.
category 3 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 1 hour but no longer than 2 hours to assess.
category 4 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 2 hours but no longer than 3 hours to assess.
category 5 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take longer than 3 hours to assess.
combined military activity means a military operation or a military training activity (excluding exhibitions, displays and air shows) where the Australian Defence Force and at least one other foreign military force act together to accomplish a military objective.
compensable item has the same meaning as in section 634 of the Act.
consignee, of goods, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
consignment, in Part 2 of Chapter 9, has a meaning affected by section 105.
container has the same meaning as in the Customs Act 1901.
customs broker has the same meaning as in the Customs Act 1901.
customs officer means an officer of Customs within the meaning of the Customs Act 1901.
Departmental holiday, in relation to the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the activity is carried out.
disability assistance dog means a dog:
(a) that has been professionally trained to assist a person with a disability; and
(b) that is accompanying a person with such a disability who has a certificate from a medical specialist practitioner in a specialty relevant to the disability, stating that the person requires the assistance of such a dog.
draft BIRA report means a report prepared under section 25.
draft BIRA review report means a report prepared under section 37.
exempt exposed conveyance means a conveyance in relation to which section 192 of the Act does not apply because of the Biosecurity (Exposed Conveyances—Exceptions from Biosecurity Control) Determination 2016 (made under subsection 192(6) of the Act).
final BIRA report means a report prepared under section 27.
final BIRA review report means a report prepared under section 38.
freight forwarder means a person, a partnership or an unincorporated association that provides the service of arranging the transport of goods by air or sea.
health certificate has the same meaning as in the Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021.
human biosecurity official means any of the following:
(a) a human biosecurity officer;
(b) a chief human biosecurity officer;
(c) the Director of Human Biosecurity.
husbandry activities, in relation to an animal, eggs or a plant that is in a post‑entry quarantine facility, means activities relating to the care and maintenance of the animal, eggs, or plant (for example, transport, housing, daily monitoring, feeding, cleaning of facilities and administration of medication).
import declaration has the same meaning as in the Customs Act 1901.
import entry has the same meaning as in the Customs Act 1901.
import permit means a permit granted under section 179 of the Act that authorises a person to bring or import particular goods into Australian territory.
initial assessment fee:
(a) for a category 1 permit application—means the fee referred to in column 2 of item 4 in the table in subsection 106(1); or
(b) for a category 2 permit application—means the fee referred to in column 2 of item 5 in the table in subsection 106(1); or
(c) for a category 3 permit application—means the fee referred to in column 2 of item 6 in the table in subsection 106(1); or
(d) for a category 4 permit application—means the fee referred to in column 2 of item 7 in the table in subsection 106(1); or
(e) for a category 5 permit application—means the fee referred to in column 2 of item 8 in the table in subsection 106(1).
initial assessment period:
(a) for a category 1 permit application—means the period of 30 minutes; or
(b) for a category 2 permit application—means the period of 1 hour; or
(c) for a category 3 permit application—means the period of 2 hours; or
(d) for a category 4 permit application—means the period of 3 hours; or
(e) for a category 5 permit application—means the period of 4 hours.
in‑office activity means a fee‑bearing activity that is carried out:
(a) at a post‑entry quarantine facility; or
(b) at an office of the Agriculture Department; or
(c) at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.
international traveller means a person who arrives at a landing place or port aboard an incoming aircraft or vessel.
isolation notice, in relation to goods that are required to be isolated in or on premises under subsection 17(1), means:
(a) a notice affixed to, or as near as reasonably practicable to, the goods under subsection 139(1) of the Act or subsection 17(2) of this instrument; or
(b) a notice affixed at each entry and exit point of the premises under subsection 17(2) of this instrument.
laboratory animal means an animal that is, or is intended to be, brought into Australian territory to be used in a laboratory or research institution.
non‑commercial vessel means a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).
non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.
ordinary hours of duty means the period that begins at 6.30 am and ends at 6.30 pm on a weekday.
out‑of‑office activity means a fee‑bearing activity that is not carried out:
(a) at a post‑entry quarantine facility; or
(b) at an office of the Agriculture Department; or
(c) at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.
place of origin, in relation to goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel, means:
(a) in the case of an animal—the country or place outside Australian territory where the health certificate relating to the export of the animal to Australian territory was issued; or
(b) in the case of fertile eggs—the country or place outside Australian territory where the health certificate relating to the export of the eggs to Australian territory was issued; or
(c) in any other case—the country or place outside Australian territory where the goods were manufactured, grown or obtained.
Note: If goods move from a part of Australian territory that is the origin part under the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 to another part of Australian territory, the place of origin in relation to the goods is the origin part.
post‑entry quarantine facility means a facility operated by, or on behalf of, the Commonwealth for the purpose of assessing and managing biosecurity risks associated with goods.
prescribed disinsection measures, for an incoming aircraft, means the disinsection measures prescribed for the aircraft by section 7 of the Biosecurity (Human Health) Regulation 2016.
provisional BIRA report means a report prepared under section 26.
review, by the Inspector‑General, means a review conducted under section 567 of the Act.
Note: See Chapter 8 of this instrument.
review report, in relation to a review by the Inspector‑General under Chapter 8, means:
(a) a draft review report prepared under section 96; or
(b) a final review report prepared under section 97.
scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.
ship sanitation certificate has the same meaning as in the Biosecurity (Human Health) Regulation 2016.
slot charterer means a person, a partnership or an unincorporated association that hires space on an aircraft or vessel for the transport of goods.
special processing area of a landing place or port for the carrying out of a fee‑bearing activity means:
(a) if the landing place or port is commonly used by incoming aircraft or vessels—an area of the landing place or port other than an area in which the fee‑bearing activity is carried out in relation to a majority of international travellers arriving at the landing place or port; or
(b) otherwise—an area of the landing place or port in which the fee‑bearing activity is, or is to be, carried out in relation to international travellers arriving at the landing place or port.
Torres Strait permanent biosecurity monitoring zone has the meaning given by subsection 117(3).
training, in Part 2 of Chapter 9, means training of a person in relation to matters associated with the operation of:
(a) an approved arrangement; or
(b) another arrangement with the Commonwealth relating to the assessment and management of biosecurity risks.
weekday, for the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a Departmental holiday in the place where the activity is carried out.
working day, for the carrying out of a fee‑bearing activity, means a period of 7.5 hours during which a person carries out the activity within the ordinary hours of duty.
zoo animal means an animal that is, or is intended to be, brought into Australian territory to be kept at one of the following in Australian territory:
(a) a zoo;
(b) a wildlife park;
(c) a breeding centre for endangered species;
(d) a facility that is registered or licensed under an Australian law as a place where particular kinds of animals may be kept for conservation or display purposes.
For the definition of high‑value conveyance in section 9 of the Act, $999.99 is prescribed.
For the definition of high‑value goods in section 9 of the Act, the following values are prescribed: (a) for goods (other than animals or animal reproductive material) that are to be treated in a manner that is likely to damage them—$999 999.99; (b) for goods (other than animals or animal reproductive material) that are to be destroyed—$9 999.99; (c) for goods that are animals or animal reproductive material—$9 999.99.
Unless otherwise stated, a reference in this instrument to an animal is a reference to a live animal.
Chapter 2—Managing biosecurity risks: goods
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Biosecurity Regulation 2016.
This instrument is made under the Biosecurity Act 2015.
(1) For subsection 7(2) of the Biosecurity Act 2015, the Biosecurity Act 2015 (other than Chapter 5 which deals with ballast water) extends to Norfolk Island on and after 1 July 2016.
Note: Chapter 5 of the Act extends to Norfolk Island because of section 259 of the Act.
Application of this instrument to Norfolk Island (2) This instrument applies in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016, or in relation to things done in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian territory;
(b) conveyance;
(c) cost‑recovery charge;
(d) fee‑bearing activities;
(e) goods.
In this instrument:
Act means the Biosecurity Act 2015 and includes:
(a) instruments made under that Act; and
(b) the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Biosecurity Act 2015.
animal reproductive material means any part of an animal from which another animal can be produced, and includes an embryo, an egg or ovum, or semen.
annual review program has the meaning given by subsection 90(1).
approved form:
(a) for a notice under section 120 of the Act—means a form approved under paragraph 120(3)(d) of the Act; or
(b) for a report under section 193 of the Act—means a form approved under paragraph 193(2)(d) of the Act.
Australia Post means the Australian Postal Corporation.
bee means an insect of the family Apoidea.
BIRA report means:
(a) a draft BIRA report; or
(b) a provisional BIRA report; or
(c) a final BIRA report.
BIRA review report means:
(a) a draft BIRA review report; or
(b) a final BIRA review report.
bird does not include a chick that hatches while the egg is in a post‑entry quarantine facility.
category 1 goods means goods that are:
(a) listed as category 1 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or
(b) included in a class of goods that is listed as category 1 goods in such a determination.
category 1 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take no longer than 30 minutes to assess.
category 2 goods means goods that are:
(a) listed as category 2 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or
(b) included in a class of goods that is listed as category 2 goods in such a determination.
category 2 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 30 minutes but no longer than 1 hour to assess.
category 3 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 1 hour but no longer than 2 hours to assess.
category 4 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 2 hours but no longer than 3 hours to assess.
category 5 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take longer than 3 hours to assess.
combined military activity means a military operation or a military training activity (excluding exhibitions, displays and air shows) where the Australian Defence Force and at least one other foreign military force act together to accomplish a military objective.
compensable item has the same meaning as in section 634 of the Act.
consignee, of goods, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.
consignment, in Part 2 of Chapter 9, has a meaning affected by section 105.
container has the same meaning as in the Customs Act 1901.
customs broker has the same meaning as in the Customs Act 1901.
customs officer means an officer of Customs within the meaning of the Customs Act 1901.
Departmental holiday, in relation to the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the activity is carried out.
disability assistance dog means a dog:
(a) that has been professionally trained to assist a person with a disability; and
(b) that is accompanying a person with such a disability who has a certificate from a medical specialist practitioner in a specialty relevant to the disability, stating that the person requires the assistance of such a dog.
draft BIRA report means a report prepared under section 25.
draft BIRA review report means a report prepared under section 37.
exempt exposed conveyance means a conveyance in relation to which section 192 of the Act does not apply because of the Biosecurity (Exposed Conveyances—Exceptions from Biosecurity Control) Determination 2016 (made under subsection 192(6) of the Act).
final BIRA report means a report prepared under section 27.
final BIRA review report means a report prepared under section 38.
freight forwarder means a person, a partnership or an unincorporated association that provides the service of arranging the transport of goods by air or sea.
health certificate has the same meaning as in the Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021.
human biosecurity official means any of the following:
(a) a human biosecurity officer;
(b) a chief human biosecurity officer;
(c) the Director of Human Biosecurity.
husbandry activities, in relation to an animal, eggs or a plant that is in a post‑entry quarantine facility, means activities relating to the care and maintenance of the animal, eggs, or plant (for example, transport, housing, daily monitoring, feeding, cleaning of facilities and administration of medication).
import declaration has the same meaning as in the Customs Act 1901.
import entry has the same meaning as in the Customs Act 1901.
import permit means a permit granted under section 179 of the Act that authorises a person to bring or import particular goods into Australian territory.
initial assessment fee:
(a) for a category 1 permit application—means the fee referred to in column 2 of item 4 in the table in subsection 106(1); or
(b) for a category 2 permit application—means the fee referred to in column 2 of item 5 in the table in subsection 106(1); or
(c) for a category 3 permit application—means the fee referred to in column 2 of item 6 in the table in subsection 106(1); or
(d) for a category 4 permit application—means the fee referred to in column 2 of item 7 in the table in subsection 106(1); or
(e) for a category 5 permit application—means the fee referred to in column 2 of item 8 in the table in subsection 106(1).
initial assessment period:
(a) for a category 1 permit application—means the period of 30 minutes; or
(b) for a category 2 permit application—means the period of 1 hour; or
(c) for a category 3 permit application—means the period of 2 hours; or
(d) for a category 4 permit application—means the period of 3 hours; or
(e) for a category 5 permit application—means the period of 4 hours.
in‑office activity means a fee‑bearing activity that is carried out:
(a) at a post‑entry quarantine facility; or
(b) at an office of the Agriculture Department; or
(c) at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.
international traveller means a person who arrives at a landing place or port aboard an incoming aircraft or vessel.
isolation notice, in relation to goods that are required to be isolated in or on premises under subsection 17(1), means:
(a) a notice affixed to, or as near as reasonably practicable to, the goods under subsection 139(1) of the Act or subsection 17(2) of this instrument; or
(b) a notice affixed at each entry and exit point of the premises under subsection 17(2) of this instrument.
laboratory animal means an animal that is, or is intended to be, brought into Australian territory to be used in a laboratory or research institution.
non‑commercial vessel means a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).
non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.
ordinary hours of duty means the period that begins at 6.30 am and ends at 6.30 pm on a weekday.
out‑of‑office activity means a fee‑bearing activity that is not carried out:
(a) at a post‑entry quarantine facility; or
(b) at an office of the Agriculture Department; or
(c) at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.
place of origin, in relation to goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel, means:
(a) in the case of an animal—the country or place outside Australian territory where the health certificate relating to the export of the animal to Australian territory was issued; or
(b) in the case of fertile eggs—the country or place outside Australian territory where the health certificate relating to the export of the eggs to Australian territory was issued; or
(c) in any other case—the country or place outside Australian territory where the goods were manufactured, grown or obtained.
Note: If goods move from a part of Australian territory that is the origin part under the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 to another part of Australian territory, the place of origin in relation to the goods is the origin part.
post‑entry quarantine facility means a facility operated by, or on behalf of, the Commonwealth for the purpose of assessing and managing biosecurity risks associated with goods.
prescribed disinsection measures, for an incoming aircraft, means the disinsection measures prescribed for the aircraft by section 7 of the Biosecurity (Human Health) Regulation 2016.
provisional BIRA report means a report prepared under section 26.
review, by the Inspector‑General, means a review conducted under section 567 of the Act.
Note: See Chapter 8 of this instrument.
review report, in relation to a review by the Inspector‑General under Chapter 8, means:
(a) a draft review report prepared under section 96; or
(b) a final review report prepared under section 97.
scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.
ship sanitation certificate has the same meaning as in the Biosecurity (Human Health) Regulation 2016.
slot charterer means a person, a partnership or an unincorporated association that hires space on an aircraft or vessel for the transport of goods.
special processing area of a landing place or port for the carrying out of a fee‑bearing activity means:
(a) if the landing place or port is commonly used by incoming aircraft or vessels—an area of the landing place or port other than an area in which the fee‑bearing activity is carried out in relation to a majority of international travellers arriving at the landing place or port; or
(b) otherwise—an area of the landing place or port in which the fee‑bearing activity is, or is to be, carried out in relation to international travellers arriving at the landing place or port.
Torres Strait permanent biosecurity monitoring zone has the meaning given by subsection 117(3).
training, in Part 2 of Chapter 9, means training of a person in relation to matters associated with the operation of:
(a) an approved arrangement; or
(b) another arrangement with the Commonwealth relating to the assessment and management of biosecurity risks.
weekday, for the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a Departmental holiday in the place where the activity is carried out.
working day, for the carrying out of a fee‑bearing activity, means a period of 7.5 hours during which a person carries out the activity within the ordinary hours of duty.
zoo animal means an animal that is, or is intended to be, brought into Australian territory to be kept at one of the following in Australian territory:
(a) a zoo;
(b) a wildlife park;
(c) a breeding centre for endangered species;
(d) a facility that is registered or licensed under an Australian law as a place where particular kinds of animals may be kept for conservation or display purposes.
For the definition of high‑value conveyance in section 9 of the Act, $999.99 is prescribed.
For the definition of high‑value goods in section 9 of the Act, the following values are prescribed: (a) for goods (other than animals or animal reproductive material) that are to be treated in a manner that is likely to damage them—$999 999.99; (b) for goods (other than animals or animal reproductive material) that are to be destroyed—$9 999.99; (c) for goods that are animals or animal reproductive material—$9 999.99.
Unless otherwise stated, a reference in this instrument to an animal is a reference to a live animal.
Chapter 2—Managing biosecurity risks: goods
Chapter 1—Preliminary
This is the Biosecurity Regulation 2016.
This instrument is made under the Biosecurity Act 2015.
(1) For subsection 7(2) of the Biosecurity Act 2015, the Biosecurity Act 2015 (other than Chapter 5 which deals with ballast water) extends to Norfolk Island on and after 1 July 2016.
Note: Chapter 5 of the Act extends to Norfolk Island because of section 259 of the Act.
Application of this instrument to Norfolk Island (2) This instrument applies in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016, or in relation to things done in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016.
Note: A number of expressions u
This is an opening excerpt, not the complete document.