Biosecurity Regulation 2017

The regulation defines several key terms. Animal means any member of the Animalia kingdom other than a human, and includes any part of an animal or anything produced by an animal from which another animal could be produced (clause 3(1)). Food producing animal is an animal of a species that produces food consumed by humans or that is used as food for humans, with a note that this includes cattle, pigs, kangaroos, rabbits, bees, crustaceans and molluscs (clause 3(1)). Import into the State includes moving into the State (clause 3(1)). Dealing is extended by clause 3(2) to include entering into an agreement under which another person engages in the specified dealing, or causing or permitting the dealing to occur. For example, a reference to transporting biosecurity matter is taken to include causing biosecurity matter to be transported. Biosecurity matter and carrier are defined in the Act, and the regulation adds that testing for the presence of biosecurity matter is a dealing (clause 4). Mandatory measures are the requirements set out in Part 2 (clause 5). Notifiable matter includes a prohibited matter event, a biosecurity event, or a matter that a person must notify under Parts 2, 2C, 3, 4 or 5 of the regulation (clause 74). Biosecurity event is declared to include the appearance of ulcers or blisters on the mouth or feet of ruminants or pigs, appearance of skin nodules on cattle, an unexplained and significant increase in mortality or morbidity rate in plants or animals, an unexplained and significant fall in production relating to plants or animals, and other unexplained significant clinical signs in animals (clause 44F). Property identification code means a code within the meaning of the Biosecurity (National Livestock Identification System) Regulation 2017 (clause 3(1)). Restricted animal material means any material derived from a vertebrate, and includes rendered products such as blood meal, meat meal, meat and bone meal, fish meal, poultry meal, feather meal, and compounded feeds made from these products (clause 36). The regulation also defines specific groups of animals: ruminant means an animal that has a rumen including alpacas, camels, cattle, deer, goats and sheep (clause 3(1)). Camelids means members of the family Camelidae, and equines means members of the family Equidae. Cattle is defined broadly to include domestic cattle, American bison, water buffalo, and banteng. Fish has the same meaning as in the Fisheries Management Act 1994. MRL Standard means the standard published by the Australian Pesticides and Veterinary Medicines Authority under Commonwealth legislation (clause 3(1)). Agvet Code means the Agvet Code of New South Wales. Biosecurity management plan is a plan containing reasonable measures to prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at a place, and a biosecurity plan adopted under an industry scheme is taken to be a biosecurity management plan (clause 44B). For the purposes of the Act, each animal listed in Division 1 of Part 2 of Schedule 3 to the Act and Part 3 of Schedule 3 to the Act is declared to be a pest (clause 4A). The regulation establishes the concept of a biosecurity zone for specific pests and diseases, with its own provisions for notification, regulatory measures, and exceptions via the Biosecurity Order (Permitted Activities) 2019.

The Biosecurity Regulation 2017 imposes duties on a broad range of people. The notification duties in clause 7 apply to any person who in the course of engaging in a dealing with biosecurity matter or a carrier becomes aware of or suspects the presence of a pest or disease listed in Schedule 1. It specifically catches those who are the owner, occupier or person in charge of premises or a carrier where the pest or disease is present, or a person who becomes aware of it in their professional capacity (clause 7(2)). Commercial beekeepers are affected by the prohibitions on importing bees, apiary products, hives or apiary equipment into the State (clause 11), the requirement to keep access to hives clear (clause 12), and to protect honey from robber bees (clause 13). Beekeepers who are registered also have detailed conditions including hive construction, display of registration numbers, record-keeping of movements, and disposal of bees (clauses 84-85). Persons importing animals into NSW may be affected by the cattle tick prohibition (clause 14) which bans imports of cattle, camelids, equines, deer, goats, and sheep from Queensland, the Northern Territory, or Western Australia. Sheep and goat farmers are affected by the footrot vaccination prohibition (clause 15) and the prohibition on importing sheep or goats into the State, subject to exceptions in the Biosecurity Order (Permitted Activities) 2019. Owners of commercial chicken flocks of 1,000 or more must vaccinate against Newcastle disease in accordance with national standard operating procedures (clause 16). Persons dealing with wild or feral animals listed in clause 17B (spotted deer, hog deer, one-humped camel, red deer, rusa deer, sambar deer, fallow deer, European rabbit, pig, and European red fox) must not possess, move, or release such animals, unless the dealing is for permitted exhibition or research purposes, or forms part of a lawful pest control measure, or the animal is dead. Occupiers of land are taken not to be engaging in a dealing unless they have actual possession of the animal. Persons dealing with aquatic pests or diseases listed in Part 2 of Schedule 1 are prohibited from possessing, buying, selling, moving, or releasing them (clause 18). Fishers catching Tilapia must humanely kill the fish immediately (clause 19). Persons engaged in aquaculture, particularly oyster growers, are affected by the QX disease and POMS biosecurity zones. Those with permits under the Fisheries Management Act 1994 must comply with restrictions on moving oysters and oyster cultivation equipment, and must not sell infected oysters (clauses 48-52). Persons involved in horticulture and agriculture are affected by import prohibitions for banana plants and used banana production equipment (clause 22), green snail and host materials (clause 24), lupin anthracnose carriers (clause 25), Mediterranean fruit fly host fruit and soil (clause 26), and other plant diseases. Persons importing vascular plant species not currently present in NSW must notify the Secretary at least 20 working days before import (clause 34). Persons importing from Queensland grain harvesters, comb trailers, bins, augers, support vehicles, and mineral exploration drilling rigs are prohibited unless exceptions apply (clause 35). Pig producers are directly affected by the prohibited pig feed rules in clause 37; they must not feed mammal products to pigs unless rendered, approved by Animal Health Committee, permitted by Chief Veterinary Officer, or in certain unavoidable situations. Ruminant feeders are affected by the prohibition on feeding restricted animal material to ruminants in clause 38, with specific exemptions for gelatin, tallow, Australian milk, and used cooking oil. Stock feed manufacturers and suppliers must comply with labelling requirements (clause 39) and maximum concentration limits for certain ingredients (clause 40 and Schedule 4). Suppliers of fertilisers, liming materials, and trace element products must comply with maximum concentrations for cadmium, lead, and mercury (clause 43) and labelling requirements for heavy metal content (clause 44). Persons carrying on commercial or educational agricultural or horticultural activities at a place may be required to comply with biosecurity management plans if the place has a posted plan (clause 44C). Land owners and occupiers in biosecurity zones for weeds (alligator weed, bitou bush, Chinese violet, water hyacinth) must notify local control authorities of new infestations and eradicate or suppress the weed (clauses 69, 71, 71B, 73). Owners or occupiers in the cane toad biosecurity zone must humanely destroy cane toads and prevent their spread (clause 44I). Persons seeking biosecurity registration, accreditation as certifiers, appointment as auditors, or approval as accreditation authorities are affected by the application process, grounds for refusal, deemed refusal after 60 days, and conditions of holding such status (Parts 7-10). Finally, any person who is required by or under the Act to label or identify matter must ensure the label is a complying label, and must not without reasonable excuse cause it to no longer comply (clause 112).

The regulation imposes numerous duties. Duty to notify: under clause 7, a person who in the course of a dealing becomes aware of or suspects a Schedule 1 pest or disease must notify within one working day. The notification must include the person's full name and contact phone number, details of the notifiable matter, its location including property identification code if known, and in the case of a biosecurity event, details of the significant biosecurity impact (clause 75). Notification must be given immediately verbally for prohibited matter events or biosecurity events, or in a manner approved by the Secretary and published on the Department's website for other notifiable matters (clause 76). A person is not required to notify if they know another person has already given the required notification (clause 77). Duty to comply with mandatory measures in Part 2 is imposed by clause 5. However, a dealing that would contravene a mandatory measure is permitted if the Biosecurity Order (Permitted Activities) 2019 specifies the dealing can occur subject to conditions and the person meets all conditions (clause 6). Similar exception clauses exist for each biosecurity zone (clauses 44G, 46, 54, 67). Duty to ensure access to hives is clear (clause 12). Duty to protect honey from robber bees (clause 13). Duty to vaccinate commercial chickens against Newcastle disease (clause 16). Duty to humanely kill Tilapia (clause 19). Duty to notify local control authority of new weed infestations in certain biosecurity zones (clause 69, 71, 71B, 73). Duty to eradicate or suppress listed weeds (same clauses). Duty to humanely destroy cane toads and prevent their spread (clause 44I). Duty to comply with a biosecurity management plan if posted at entrances (clause 44C). Duty of registered beekeepers to keep records of hive movements, losses, and disposals for 5 years (clause 85). Duty of registered keepers of non-indigenous animals to not release or permit escape, notify Secretary within 24 hours of theft, release or escape, inspect at least every 7 days and keep record, provide permanent identification (microchip or ear tag) within 7 days, and provide reports if requested by Secretary (clauses 88-90). Duty of laboratory owners to report test results for chemical residues in food producing animals to an authorised officer within 1 working day (clause 41). Duty of vendors of food producing animals to inform purchasers if the animal has consumed something during a withholding period, is chemically affected, or has been treated with a hormonal growth promotant (clause 42). Duty to not import, supply, or use fertilisers etc over maximum concentrations (clause 43). Duty to label parcels with heavy metal content and prescribed warning (clause 44). Duty to not supply stock food containing restricted animal material without warning label (clause 39). Duty to clearly mark hives with registration number (clause 84). Duty to notify Secretary within 7 days of change to contact details, location of enclosures, or person in charge of animals (clause 82). Duty to notify Secretary within 7 days of change to contact details or business premises for accredited certifiers (clause 97). Duty to ensure labels or identifiers are complying (clause 112). The regulation also confers rights: a person may apply for biosecurity registration (fee payable, Schedule 5), for accreditation as a biosecurity certifier, for appointment as a biosecurity auditor, for approval as an accreditation authority, and for permits. The Secretary or relevant decision-maker must determine applications within 60 days, with certain periods excluded for requests for information or accreditation audits (clauses 80, 95, 101, 106, 110). Right to make an application for variation of registration, accreditation, appointment, approval, or permit (clauses 81, 96, 102, 107, 111). Right to appeal (not detailed in regulation but Act provides for it). Right to rely on exceptions in Biosecurity Order (Permitted Activities) 2019 if conditions met.

The regulation itself specifies a maximum penalty of $11,000 for offences under clause 112 (offences with respect to labels: failing to ensure a complying label or identifier, or doing anything that causes a label or identifier to no longer be complying without reasonable excuse). The primary enforcement tool is through penalty notices under section 303 of the Act. Schedule 6 lists the offences under the Act for which penalty notices may be issued, with specified penalties. These include: section 23 (presumably failure to comply with a biosecurity direction) penalty $1,000; section 25 ($1,000); section 28 ($2,000 - dealing with prohibited matter); section 32 ($2,000); section 37 ($2,000); section 40 ($1,000); section 58 ($2,000); section 75 ($2,000); section 87 ($1,000); section 116 ($1,000); section 138 ($1,000); section 145 ($1,000); section 152 ($1,000); section 154 ($1,000); section 179 ($1,000); section 187 ($2,000); section 188(1) ($2,000); section 188(2) ($2,000); section 189 ($2,000); section 190(1) ($2,000); section 190(2) ($2,000); section 211 ($1,000); section 212 ($2,000); section 238 ($2,000); section 257 ($1,000); section 258 ($2,000); section 276 ($1,000); section 293 ($2,000); section 298 ($2,000); section 301 ($2,000); section 308 ($2,000); section 340(1) ($1,000); section 340(2) ($1,000); section 364 ($500). These amounts are likely the penalty amounts for an individual; the regulation notes that the amounts are payable under the penalty notice. Beyond penalty notices, the regulation provides for enforcement through the Act's powers, including the ability of the Secretary to refuse, suspend, or cancel registrations, accreditations, appointments, approvals, and permits on grounds including making false or misleading statements, having a prior cancellation within 2 years not overturned on appeal, lacking relevant skills, knowledge, or experience, or the biosecurity risk being unacceptable (clauses 78, 93, 99, 104, 108). The Secretary or accreditation authority may also have regard to compliance history and capacity (clauses 79, 94, 100, 105, 109). The regulation defines critical non-compliance for accredited persons: issuing a biosecurity certificate incorrect in a material particular, interfering with a trap or monitoring device contrary to accreditation, or refusing to participate in an audit (clause 92). These could trigger suspension or cancellation. The deemed refusal provisions after 60 days (clauses 80, 95, 101, 106, 110) effectively put time pressure on applicants but also mean that inaction may be treated as refusal. The regulation also imposes obligations that are enforceable through the mandatory measures; a contravention of a mandatory measure is an offence under the Act. The regulation does not itself create new offences beyond clause 112 but relies on the Act's penalty provisions.

The Biosecurity Regulation 2017 interacts with several other statutes and instruments. The primary parent Act is the Biosecurity Act 2015, from which the regulation derives its authority. Definitions in the Interpretation Act 1987 also apply (see note to clause 3(1)). The regulation repeatedly references the Biosecurity Order (Permitted Activities) 2019, which provides exceptions to many mandatory measures and regulatory measures in biosecurity zones (clauses 6, 44G, 46, 54, 67, and notes throughout). The regulation also references the Agvet Code (Agricultural and Veterinary Chemicals Code of New South Wales) and the Agvet Regulations (clause 3(1)). The definition of MRL Standard refers to the Commonwealth Agricultural and Veterinary Chemicals (Administration) Act 1992 and the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (clause 3(1)). Clause 40 requires that stock food not contain pesticide residues above the MRL Standard. Clause 42 uses the Agvet Code concept of withholding period. Clause 44E provides exemptions for dealings with vaccines that contain prohibited matter if the person is permitted under a permit issued under section 112 or 112A of the Agvet Code and complies with conditions. The Fisheries Management Act 1994 is cross-referenced for the definition of fish (clause 3(1)), and both QX disease and POMS biosecurity zones apply only to persons whose oyster dealings are authorised or required to be authorised by a permit under that Act (clauses 48, 51). The Fisheries Management (Aquaculture) Regulation 2017 is noted in clause 48. The Food Standards Australia New Zealand Act 1991 (Commonwealth) and its Schedules are referenced in clause 41 for animal food commodities and maximum levels of contaminants. The Local Land Services Act 2013 is referenced for the definition of region (clause 66) and for identifying the region of the property when reporting test results (clause 41(3)(e)(vi)). The Protection of the Environment Operations Act 1997 is noted as potentially prohibiting use of fertilisers at maximum concentrations (note to clause 43). The Biosecurity (National Livestock Identification System) Regulation 2017 is referenced for the definition of property identification code (clause 3(1)). The Coastal Management Act 2016 defines estuary for Part 3 (clause 45). The regulations also reference the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds (clause 36), and Australian Standard AS 5008-2007 for rendering of animal products (clauses 37, 38). Animal Health Australia's national Newcastle disease vaccination program standard operating procedures are referenced (clause 16). The Animal Health Committee of the National Biosecurity Committee is referenced for approval of processes (clause 37). The National Herbarium of New South Wales determines whether a vascular plant species is present in the State (clause 34). The regulation also references the Zoo and Aquarium Association and breed societies for microchipping of non-indigenous animals (clause 90(2)). The declared pests in clause 4A refer to Schedule 3 to the Act, which is the parent Act's schedule. The exemption for dealings with prohibited matter in clause 44E directly engages the Act's section 28(1) and (2). The regulation itself contains notes that clarifications do not form part of the regulation (clause 3(3)). The penalty notice offences in Schedule 6 refer to provisions in the Act, not the regulation. Thus, the regulation is a detailed operational instrument that must be read in conjunction with the Act and a web of Commonwealth and state legislation and industry standards.

The Biosecurity Regulation 2017 has been amended multiple times. As indicated by the square bracketed amendments in the text: clause 3 was amended by 2019 (604) Sch 2[1]. Part 1A and clause 4A were inserted by 2019 (604) Sch 2[2]. Clause 6 was amended by 2019 (604) Sch 2[3]. Division 3 of Part 2 (clause 8) was repealed by 2019 (604) Sch 2[4]. Clause 10 was repealed by 2023 (47) Sch 2[1]. Clause 11 was amended by 2019 (604) Sch 2[3]. Clause 14 amended by 2019 (604) Sch 2[3]. Clause 15 amended by 2019 (604) Sch 2[3]. Clause 17 repealed by 2019 (604) Sch 2[5]. Clause 17A inserted by 2018 (311) Sch 2[1]. Clause 17B inserted by 2018 (311) Sch 2[1] and amended by 2019 (604) Sch 2[6]-[9]. Clause 18 amended by 2023 (47) Sch 2[2]. Clause 22 amended by 2019 (604) Sch 2[3],[10] and 2023 (47) Sch 2[3],[4]. Clause 23 repealed by 2023 (47) Sch 2[1]. Clauses 24-31 amended by 2019 (604) Sch 2[3]. Clause 32 repealed by 2023 (47) Sch 2[1]. Clause 35 amended by 2019 (604) Sch 2[3]. Division 9 heading amended by 2019 (604) Sch 2[15]. Clause 36 amended by 2019 (604) Sch 2[16]. Clause 37 amended by 2019 (604) Sch 2[17]-[19] and 2023 (47) Sch 2[5]. Clause 38 substituted by 2019 (604) Sch 2[20]. Clause 39 amended by 2019 (604) Sch 2[21]. Division 12 (clauses 44A-44C) was inserted by 2019 (354) Sch 1. Part 2A (clauses 44D-44E) inserted by 2019 (604) Sch 2[22]. Part 2B (clause 44F) inserted by 2019 (604) Sch 2[22] and amended by 2023 (47) Sch 2[6]. Part 2C (clauses 44G-44I) inserted by 2019 (604) Sch 2[22]. Part 3 Division 1 clause 46 amended by 2019 (604) Sch 2[3]. Clause 47 amended by 2019 (604) Sch 2[23] and 2023 (47) Sch 2[7]. Clause 48 amended by 2023 (47) Sch 2[8]. Clause 49 amended by 2019 (604) Sch 2[3] and 2023 (47) Sch 2[9]-[13]. Clause 50 amended by 2019 (604) Sch 2[24] and 2023 (47) Sch 2[2]. Clause 52 amended by 2019 (604) Sch 2[3] and 2023 (47) Sch 2[14]. Part 4 Division 1 clause 54 amended by 2019 (604) Sch 2[3]. Clause 55 amended by 2017 No 63, Sch 4.5 (this is the Statute Law (Miscellaneous Provisions) Act 2017). Clause 56 amended by 2019 (604) Sch 2[3]. Clause 57 amended by 2019 (604) Sch 2[25]-[28]. Clause 58 amended by 2019 (604) Sch 2[29]. Clause 59 amended by 2019 (604) Sch 2[3],[30]. Clause 61 amended by 2017 No 63, Sch 4.5 and 2023 (47) Sch 2[15]. Clause 62 amended by 2019 (604) Sch 2[3] and 2023 (47) Sch 2[15]. Clause 64 amended by 2019 (604) Sch 2[31]. Clause 65 amended by 2019 (604) Sch 2[3]. Part 5 Division 1 clause 67 amended by 2019 (604) Sch 2[3]. Part 5 Division 3A (clauses 71A-71B) inserted by 2025 (585) Sch 2[1]. Clause 74 amended by 2019 (604) Sch 2[32]. Clause 76 amended by 2024 No 47, Sch 1.6 (this is a Statute Law (Miscellaneous Provisions) Act 2024). Clause 84 amended by 2025 (585) Sch 2[2]. Clause 85 amended by 2019 (604) Sch 2[33][34]. Schedule 1 amended by 2018 (311) Sch 2[2], 2019 (604) Sch 2[35]-[37], 2023 (47) Sch 2[2][15]-[19], and 2025 (585) Sch 2[3]-[5]. Schedule 3 amended by 2019 (604) Sch 2[38]. The regulation commenced on the commencement of the Biosecurity Act 2015 (clause 2).

The Biosecurity Regulation 2017 is a piece of subordinate legislation, and the text of the regulation does not cite any specific cases or litigation history. No cases are mentioned in any clause, note, or schedule. The Act itself may have been litigated, but the regulation as presented provides no judicial consideration of its own provisions. Therefore, any litigation history would have to be drawn from external sources. The regulation is relatively recent (2017) and has been amended several times, but the source does not mention any court decisions. It is possible that the provisions of the regulation have been considered in the context of prosecutions under the Act, but no such cases are recorded in the document. The regulation does include provisions that could be subject to challenge, such as the breadth of the definition of dealing (clause 3(2) extending to causing or permitting), the requirement to notify within one working day, and the automatic deemed refusal of applications after 60 days (clauses 80, 95, 101, 106, 110) which might impact procedural fairness. The penalty notice amounts and the list of offences in Schedule 6 may have been tested, but no information is provided. The regulation also relies heavily on the Biosecurity Order (Permitted Activities) 2019, which is not reproduced and might be subject to litigation. In summary, no litigation history is provided in the source document, and accordingly none can be reported here.

Practitioners should be aware of several subtle but important features of the Biosecurity Regulation 2017. First, clause 3(2) expands the scope of any dealing specified in the regulation to include entering into an agreement or arrangement under which another person engages in the dealing, and also causing or permitting the dealing to occur. The note gives the example of transporting biosecurity matter: a reference to transporting is taken to include causing the matter to be transported. This means a person could be liable for dealing with biosecurity matter even if they did not physically carry out the act, if they arranged for it or caused it. Second, clause 3(3) states that notes included in the regulation do not form part of the regulation. This means that the notes, while helpful for interpretation, are not legally binding. Third, the definition of import into the State includes moving into the State (clause 3(1)). This means that intra-state movement from one part of NSW to another is not "import" for the purposes of the regulation, but any movement from outside NSW into NSW is an import. However, note that some prohibitions refer only to import (e.g., clause 14 cattle tick carriers), while others apply to movement within the State in biosecurity zones. Fourth, the duty to notify under clause 7 arises within 1 working day after the person first suspects or becomes aware of a Schedule 1 pest or disease. This is a short timeframe, and the duty applies not only to owners and occupiers but also to professionals who become aware during consultation or work (clause 7(2)(b)). Failure to notify could lead to enforcement under the Act. Fifth, several prohibitions are subject to exceptions in the Biosecurity Order (Permitted Activities) 2019. The regulation does not reproduce that order, so a person must consult that separate instrument to know if their dealing is permitted. For example, clause 11 on American foulbrood carriers (bees) has a note that the Biosecurity Order sets out exceptions. Not checking the order could result in inadvertent breach. Sixth, the prohibition on certain dealings with camels, deer, pigs, rabbits and foxes (clause 17B) contains an important nuance: an occupier of land is taken not to be engaging in a dealing for the purposes of subclause (2)(a) (possession) unless the occupier has actual (rather than deemed) possession of the animal. This overrides the Act's section 12(2) which deems occupiers to have possession of biosecurity matter on their land in certain circumstances. However, the occupier must still be careful not to move or release such animals, as those prohibitions are not qualified by the actual possession limitation. Seventh, the requirement to notify new infestations of certain weeds (e.g., alligator weed, bitou bush) under Parts 5 is "as soon as practicable", not within a set time, but the duty to eradicate or destroy remains ongoing. Eighth, the biosecurity management plan provisions (clauses 44A-44C) are voluntary for the person carrying on the activity; however, once a plan is adopted and notices are posted at entrances, any person entering and dealing with biosecurity matter must comply. This creates a potential trap for visitors, contractors, and employees who may not be aware of the plan's requirements. Ninth, the labelling requirements for stock food in clause 39 are stringent: warnings must be at least 10mm high on woven bags and 3mm on other containers, on a contrasting colour label at least 45mm x 120mm. A person supplying stock food that contains restricted animal material must use the warning statement; if it does not, a statement to that effect is required. Tenth, the prohibition on feeding mammal products to pigs (clause 37) includes a prohibition on possessing stock food containing mammal products on a property where pigs are kept unless authorised or intended for other animals. This includes collecting or storing. Eleventh, the regulation imposes continuous duties on registered keepers of non-indigenous animals: they must inspect at least every 7 days to ensure no animals are missing, and keep a record made available to the Secretary on request (clause 88(3)). This is a record-keeping obligation that can be enforced. Twelfth, the deemed refusal provisions mean that if the Secretary does not decide an application within 60 days, the application is taken to be refused. However, periods where the Secretary requests additional information or requires an accreditation audit do not count towards the 60 days. Applicants should ensure they respond promptly to any requests. Thirteenth, the fees in Schedule 5 are payable before the function or service is exercised or provided, or as agreed with the Secretary. There is no refund if the application is refused. Fourteenth, the penalty notice amounts listed in Schedule 6 are for the offence provisions under the Act, not for the regulation itself. However, clause 112 creates a separate offence under the regulation with a maximum penalty of $11,000, but that is not listed in Schedule 6, meaning it cannot be dealt with by penalty notice and would require court proceedings. Fifteenth, the definition of animal includes "anything produced by any such member from which another animal could be produced" which could encompass eggs, embryos, or semen. This may have implications for dealings in reproductive materials.

Compliance strategies will vary depending on the sector. For general duty: any person dealing with biosecurity matter or carriers should first identify whether the dealing is with a notifiable pest or disease (Schedule 1). If so, if they become aware or suspect its presence, they must notify within one working day to an authorised officer or in the manner approved by the Secretary (clauses 7, 75, 76). They should keep a record of the notification. If the dealing involves prohibited matter, they must check Part 2A to see if an exemption applies (e.g., dealing with a vaccine under an Agvet Code permit, clause 44E). For persons importing goods into NSW: check the specific prohibitions in Part 2 Divisions 4-8. For example, before importing bees, apiary products, or equipment, confirm that the import falls within an exception in the Biosecurity Order (Permitted Activities) 2019 (clause 11). For imports of cattle, camelids, equines, deer, goats, or sheep from Queensland, Northern Territory, or Western Australia, clause 14 prohibits import unless an exception applies. For sheep and goats, do not vaccinate against footrot without approval from the Chief Veterinary Officer (clause 15). For plants, check if the plant species is listed in Schedule 3 (weeds) - import or sale is prohibited (clause 33). If importing a vascular plant species not currently in NSW, notify the Secretary at least 20 working days in advance (clause 34). For biosecurity zones: determine if the property or activity is within a zone. For the cane toad zone (all NSW except certain areas listed in clause 44H), owners/occupiers must humanely destroy cane toads and prevent spread, and must not possess, move, or release cane toads except for permitted purposes. For the alligator weed, bitou bush, Chinese violet, and water hyacinth zones, owners/occupiers must notify local control authority of new infestations and eradicate or suppress. For the QX disease and POMS zones (affecting oyster farmers with aquaculture permits), comply with restrictions on moving oysters and cultivation equipment, and do not sell infected oysters. For the citrus red mite zone (counties of Cumberland and Northumberland), do not move certain citrus plants out of the zone. For grapevine phylloxera zone (all NSW), do not move grapevine phylloxera carriers into the zone or from the infested zone to the non-infested zone. For the potato zone (all NSW), do not move restricted potato biosecurity matter into the zone or into seed potato protected areas except as permitted. For rice zones, do not move rice plants, used equipment, or certain snails into the zone. For animal feed: pig producers must not feed mammal products unless rendered or approved. Check clause 37 for exceptions (e.g., Australian milk, used cooking oil, placenta). Ruminant feeders must not feed restricted animal material except specific items like gelatin, tallow, Australian milk, etc. (clause 38). If feeding stock food that contains restricted animal material, ensure labelling complies with clause 39. Suppliers of commercial stock food must analyse ingredients against Schedule 4 maximum amounts (e.g., cadmium, lead, aflatoxin). For fertilisers: test for cadmium, lead, mercury and ensure concentrations do not exceed clause 43 limits. If heavy metals exceed trigger levels (cadmium 1mg/kg, lead 20mg/kg, mercury 0.2mg/kg), label with prescribed warning (clause 44). For food producing animals: if a test detects a chemical residue or contaminant that makes the animal chemically affected, the laboratory must report to an authorised officer within 1 working day (clause 41). When selling a food producing animal, the vendor must inform the purchaser if the animal has consumed something during a withholding period in the last 60 days, is chemically affected, or has been treated with a hormonal growth promotant (clause 42). For biosecurity registration: beekeepers must use frame hives, display registration number on hives, keep movement and disposal records for 5 years (clause 85). Keepers of non-indigenous animals listed in Schedule 4 of the Act must permanently identify animals (microchip or ear tag) within 7 days of acquisition or birth, keep records, inspect every 7 days for escapes, and notify Secretary within 24 hours of theft or escape (clauses 88-90). For biosecurity management plans: if operating a commercial or educational agricultural/horticultural place, consider adopting a plan. If one is in place and notices posted, ensure all persons entering comply with the plan. For all persons: ensure any label or identifier required under the Act is a complying label (securely attached, clearly visible, readily identifiable) and do not interfere with it (clause 112). Be aware of the penalty notice amounts in Schedule 6 for breaches of the Act. Where a dealing is not permitted by the regulation, consider applying for a permit (Part 11) or seeking an exemption under the Biosecurity Order (Permitted Activities) 2019.