These regulations set Tasmania’s practical biosecurity rules: they let the Minister declare pests and diseases, prescribe a range of prohibited and regulated dealings (imports, feeding, supply, animal farming, quarantine operations), require labelling, certificates, permits and registrations, and impose fines and infringement notices. They affect importers, animal‑food businesses, farmers, quarantine operators, councils and the Secretary. Mechanically the rules ban specified activities, require certification or registration for particular dealings, make councils collectors of some infringement payments (reg 25) and preserve earlier permits and programs through transitional measures.
These regulations (Biosecurity Regulations 2022) operationalise parts of the Biosecurity Act 2019 by prescribing definitions, prohibited and regulated dealings, offences, evidence rules and transitional arrangements specific to Tasmania. Mechanically the instrument does the following.
Adds detailed definitions and glosses used throughout the Act, including expanded meanings for terms such as animal fitting, animal food business, feeding, restricted animal material, prohibited pig feed, tallow and tag, and prescribes which animals count as stock animals for the Act (regulation 3). These definitions change how duties and offences under the Act are applied by fixing scope and triggering points of legal obligation.
Prescribes particular prohibited dealings under the Act, for example importation of suspected carriers (regulation 5), importation of declared or unknown pests or diseases and their carriers (regulation 6), a range of animal-feeding prohibitions (regs 7 to 11), unhygienic carcass management (regulation 12), and supply, propagation and release/spread of declared or unknown pests or diseases (regs 13 to 15). Each is linked to the Act’s prohibited dealing power in s 17(2) or regulated dealing power in s 17(1).
Prescribes certain regulated dealings (regulation 16), namely farming of ratites, apiculture and beekeeping, and operation of quarantine places (regulation 17). The owner, occupier or person in charge is taken to be responsible for operation of quarantine places (reg 17(2)).
Defines a biosecurity event for s 10(e) of the Act as presence of a declared pest or declared disease in Tasmania or a part of Tasmania (regulation 18).
Imposes duties and labelling requirements on animal food businesses, including an express duty to keep ruminant food free of restricted animal material (regulation 19) and detailed labelling and invoice statement requirements for animal food and ruminant food (regulation 20). It forbids obscuring or removing labels or invoice information (regulation 21).
Current sections
Direct links to the current provisions in Biosecurity Regulations 2022.
(a) any box, stall, cage, enclosure, tank, pen, hive, water, or other thing, that has been used for containing an animal; and
(b) any harness, saddlery, rope, net, aquarium pump, bucket, trough, bedding, utensil, implement, equipment, or other thing, that has been used in the transportation, capture, breeding, feeding, handling or keeping of an animal or animal product;
animal food business means a business, enterprise or activity that consists, in whole or in part, of the commercial manufacturing, production or wholesale supply of animal food;
artificial breeding of an animal means –
(a) the artificial insemination of an animal; and
(b) the implantation of an embryo in a recipient animal; and
(c) the collection, processing, handling, storing, sale or distribution of semen, ova or embryos for a purpose specified in paragraph (a) or (b) ;
bag includes a box or other form of packaging;
commercially sterile, in relation to animal food, means animal food that is free from any living organisms that are capable of growing in, or on, the animal food in the conditions to which the animal food is likely to be subjected during its storage and distribution;
farming of an animal means keeping, hatching or raising an animal for any one or more of the following purposes:
(a) the sale or other supply of the animal while it is alive;
(b) the use of the animal for biological control, vegetation management, pollination or other similar agricultural services;
(c) the slaughtering and supply of the slaughtered animal;
(d) the harvesting of the animal or the products of the animal and the sale or other supply of the harvested animal or products;
feeding, in relation to any material, includes –
(a) allowing, directing or causing the material to be fed to an animal; and
(b) if the material may be ingested by an animal, failing to prevent the animal from having access to the material;
fish means any aquatic animal, whether dead or alive, of any species (other than amphibians, birds, mammals or reptiles) which, in the normal course of events, spends part or all its life in the aquatic environment;
horticultural material includes any plant and any –
(a) animal product and animal fitting; and
(b) harvest-equipment, machinery, vehicle, container, pot, soil, structure, tool or other thing –
that is, or has been, used to carry, hold, handle, cultivate, propagate, grow, harvest, process or produce any plant or plant product;
horticulture includes any form of agriculture involving plants, including apiculture and viticulture;
poultry means muttonbird and any chicken, turkey, duck, squab (pigeon), goose, pheasant, quail, guinea fowl and other domesticated avian species used for the production of food for human or animal consumption;
prohibited pig feed includes –
(a) any animal food, or fodder, comprising, in part or in whole, any mammal or animal product from a mammal; and
(b) any animal food, or fodder, that has come into contact with any mammal or animal product from a mammal –
but does not include –
(c) any milk, milk product or by-product of milk processing that is of Australian provenance, or that has been lawfully imported into Australia for use as animal food; or
(d) tallow; or
(e) any other material or class of material declared by the Chief Veterinary Officer not to be prohibited pig feed by notice published in the Gazette;
proprietor of a business means –
(a) the owner of, or the entity carrying on, the day-to-day operation of the business; or
(b) if that entity cannot be identified, the person apparently in charge of the business;
quarantine place means premises or a part of premises used primarily for the quarantine of any biosecurity matter or carrier that –
(a) has been identified as posing a biosecurity risk; or
(b) is intended for export from Tasmania to another state or to Macquarie Island; or
(c) has arrived in Tasmania from another state, or from Macquarie Island, and is required under the Act or a corresponding law to be –
(i) inspected by a biosecurity certifier or authorised officer before being exported or moved from the premises to another part of Tasmania; or
(ii) destroyed or treated in order to prevent, eliminate or minimise any biosecurity risk that it may pose;
ratite means any emu, ostrich or cassowary;
registered quarantine place means a quarantine place that is the subject of a current registration in accordance with regulation 35 ;
Rendering Standard means the Australian Standard entitled Australian Standard for Hygienic Rendering of Animal Products AS5008:2007 published by Standards Australia on 31 December 2007, as amended or substituted from time to time;
restricted animal material means animal food or material comprising, in whole or in part, a vertebrate animal or any product derived from a vertebrate animal, but does not include –
(a) animal food produced for supply to –
(i) caged birds, other than poultry; or
(ii) aquarium fish; or
(b) animal food produced for supply to non-ruminant laboratory animals; or
(c) pet food for supply to non-ruminant pets; or
(d) tallow; or
(e) gelatin; or
(f) any milk, milk product, or by-product of milk processing, that is of Australian provenance or that has been lawfully imported into Australia for use as animal food; or
(g) any other material or class of material declared by the Chief Veterinary Officer not to be restricted animal material by notice published in the Gazette;
ruminant means a herbivorous, mammalian animal that can acquire nutrients from plant-based food by fermenting it in a specialised stomach prior to digestion, and includes farmed stock animals such as cattle, goats, sheep and deer;
ruminant food means any animal food that is intended for feeding to, or consumption by, a ruminant;
salmonid means fish of the following species, in part or whole, and whether dead or alive:
(a) Atlantic salmon (Salmo salar);
(b) Rainbow trout (Oncorhynchus mykiss);
(c) Brook trout (Salvelinus fontinalis);
(d) Brown trout (Salmo trutta);
(e) any hybrid of the species above;
soil means the top layer of the earth, consisting of rock and mineral particulates that may be mixed with organic matter in which plants grow or are grown;
tag means a tag that measures at least 45 millimetres by 120 millimetres;
tallow means a product (including, but not limited to, a product known as tallow, yellow grease or acid oil) that contains –
(a) fats and oils from an animal that have been rendered in accordance with the Rendering Standard; or
(b) used cooking oil that is –
(i) filtered or otherwise treated to remove visible particulate matter; and
(ii) contains a combination of insoluble impurities and moisture that does not exceed 2% of the volume of the product;
unknown disease means an animal disease or a plant disease that is not known or identified;
unknown pest means a species or subspecies of invasive pest that is not known or identified.
(2) For the purpose of paragraph (b) of the definition of stock animal in the Act, the following animals are prescribed if the animals are kept or managed by a person, regardless of whether the animal is kept or managed for a commercial or non-commercial purpose:
(a) any bovid, camelid, equine animal, porcine animal or poultry;
(b) animals kept or managed in connection with animal racing, animal shows, rodeos, circuses and other similar events;
(c) animals kept or managed in a zoo, wildlife park, fauna park or similar premises, for the purpose of public exhibition, public education or public entertainment on payment of a fee or otherwise;
(d) animals kept for a research or educational purpose.
4
Declaration of pests and diseases
4 Declaration of pests and diseases
(1) The Minister may, by notice published in the Gazette, declare for the purposes of these regulations any –
(a) pest that is not prohibited matter; or
(b) animal disease or plant disease that is not prohibited matter –
to be a declared pest or declared disease, if the Minister is satisfied on reasonable grounds that –
(c) the pest or disease poses a biosecurity risk to Tasmania; and
(d) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the pest or disease.
(2) A declaration under this regulation may be made subject to such conditions, requirements or restrictions as the Minister considers reasonable in the circumstances.
(3) At least 28 days before making a declaration under this regulation, the Minister must –
(a) publish a notice of the proposed declaration in the Gazette; and
(b) specify, in the notice, a period of not less than 28 days from the publication of the notice during which the Minister will accept comments and submissions on the proposed declaration.
(4) Before making a declaration under subregulation (1) , the Minister is to take into account –
(a) any comments and submissions received under subregulation (3) ; and
(b) any advice of the Chief Plant Protection Officer and Chief Veterinary Officer in respect of the proposed declaration.
(a) on the day on which notice of the declaration is published in the Gazette; or
(b) at such later date as is specified in that notice.
(6) A declaration under subregulation (1) , notice of which is published under this regulation, ceases to have effect –
(a) on the date specified in the notice; or
(b) on the expiry of the period specified in the notice; or
(c) if no such date or period is specified in the notice, on the revocation of the declaration.
(7) In any Act or any instrument made or administered under an Act, a reference to a declared weed is, unless the contrary intention appears, to be taken as a reference to a weed that is a declared pest under this regulation.
(8) For the removal of doubt, a declared pest or declared disease may include –
(a) an invasive pest, or a disease, that is not known to be established in Tasmania; and
(b) a pest or disease that is known to be established in Tasmania or a part of Tasmania.
Part 2
Prohibited Dealings
Part 2 Prohibited Dealings
Division 1
Prohibited imports
Division 1 Prohibited imports
5
Importing suspected carrier of prohibited matter
5 Importing suspected carrier of prohibited matter
The import of –
(a) any animal fitting; or
(b) any horticultural material; or
(c) any other thing –
that may reasonably be suspected of being a carrier of prohibited matter is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
6
Importing pest or disease
6 Importing pest or disease
The import of –
(a) a declared pest; or
(b) a declared disease; or
(c) an unknown pest; or
(d) an unknown disease; or
(e) any thing that may reasonably be suspected of being a carrier of any biosecurity matter referred to in paragraph (a) , (b) , (c) or (d) –
is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
Division 2
Prohibited dealings with animals
Division 2 Prohibited dealings with animals
7
Feeding offal to dogs
7 Feeding offal to dogs
(1) Feeding offal to a dog is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Subregulation (1) does not apply if the offal is contained in pet food and the pet food, or the offal component of the pet food –
(a) is commercially sterile; or
(b) has been treated by the application of a process approved by the Chief Veterinary Officer.
(3) A certificate issued by –
(a) the Chief Veterinary Officer; or
(b) a biosecurity certifier authorised to issue biosecurity certificates for the purposes of this regulation –
certifying that any batch, consignment, lot or quantity of pet food complied with subregulation (2) on the date specified in the certificate, is evidence of that fact.
8
Feeding prohibited pig feed to pigs
8 Feeding prohibited pig feed to pigs
(1) Feeding prohibited pig feed to a pig is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Subregulation (1) does not apply if the prohibited pig feed is contained in animal food and the animal food, or the prohibited pig feed component of the animal food –
(a) is commercially sterile; or
(b) treated by the application of a process approved by the Chief Veterinary Officer.
(3) A certificate issued by –
(a) the Chief Veterinary Officer; or
(b) a biosecurity certifier authorised to issue biosecurity certificates for the purposes of this regulation –
certifying that any batch, consignment, lot or quantity of animal food complied with subregulation (2) on the date specified in the certificate, is evidence of that fact.
9
Feeding restricted animal material to ruminants
9 Feeding restricted animal material to ruminants
(1) Feeding restricted animal material or chicken litter to a ruminant is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Subregulation (1) does not apply to a person allowing a ruminant access to material if it would not be reasonable in the circumstances for the person to prevent the ruminant from having access to the material, including in, but not limited to, the following circumstances:
(a) a ruminant having access to a placenta;
(b) a ruminant licking another ruminant;
(c) a ruminant finding the bones of wildlife or herd mates;
(d) a ruminant having access to the naturally deposited faeces of wildlife or herd mates.
10
Supplying ruminant food containing restricted animal material
10 Supplying ruminant food containing restricted animal material
(1) Supplying ruminant food that contains restricted animal material is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) For the purposes of this regulation, any animal food that is supplied or intended for supply is taken to be ruminant food unless –
(a) it is prominently labelled or marked as pet food intended for a non-ruminant animal; or
(b) it is otherwise prominently labelled or marked with a written warning which states that it contains restricted animal material, and must not be fed to any ruminants.
(3) A certificate issued by –
(a) the Chief Veterinary Officer; or
(b) a biosecurity certifier authorised to issue biosecurity certificates for the purposes of this regulation –
certifying that any batch, consignment, lot or quantity of animal food contains, or does not contain, any quantity of restricted animal material on the date specified in the certificate, is evidence of that fact.
11
Supply of certain fish as bait or berley
11 Supply of certain fish as bait or berley
The supply of bait or berley that contains any of the following fish or fish products is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act:
(a) abalone or abalone products;
(b) oysters or oyster products;
(c) salmonids or salmonid products.
12
Unhygienic management of animal carcasses
12 Unhygienic management of animal carcasses
(1) The unhygienic management of the carcass of any –
(a) stock animal or vertebrate pet; or
(b) vertebrate game or wildlife; or
(c) vertebrate animal pest –
on any premises is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) For the purposes of this regulation, the owner or occupier of premises is taken to be responsible for the unhygienic management of an animal carcass on the premises if –
(a) he or she causes or allows the carcass, or part of the carcass, to remain exposed to the environment or other animals on the premises without being buried, incinerated or otherwise disposed of in a suitably hygienic manner; or
(b) he or she fails to ensure that the carcass is buried, incinerated or otherwise disposed of in a suitably hygienic manner as soon as reasonably practicable after he or she discovers or becomes aware of the presence of the carcass on the premises.
(3) In this regulation, the disposal of a carcass in a suitably hygienic manner includes –
(a) a method of disposal that prevents, eliminates or minimises biosecurity risk that may be posed by the carcass so far as is reasonably practicable; and
(b) the lawful and reasonable use of the carcass as animal food for a carnivorous pet or stock animal in accordance with the Act, the Primary Produce Safety Act 2011 and any other applicable law; and
(c) any method of carcass disposal approved by the Chief Veterinary Officer for the purposes of this regulation.
Division 3
Prohibited dealings with pests, diseases and carriers
Division 3 Prohibited dealings with pests, diseases and carriers
13
Supply of pests, diseases and carriers
13 Supply of pests, diseases and carriers
(1) The supply of –
(a) a declared pest; or
(b) a declared disease; or
(c) an unknown pest; or
(d) an unknown disease; or
(e) any thing that may reasonably be suspected of being a carrier of –
is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) In any proceedings, evidence that a person had possession, care, custody or control of any biosecurity matter or carrier referred to in subregulation (1) at any particular time is evidence, unless the contrary is established, that the person supplied the biosecurity matter or carrier at or around that time.
14
Propagation, &c., of declared pest or declared disease
14 Propagation, &c., of declared pest or declared disease
(1) The breeding, propagation, growing, raising, feeding, cloning or culturing of –
(a) a declared pest; or
(b) a declared disease; or
(c) an unknown pest; or
(d) an unknown disease –
is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Without limiting subregulation (1) , the owner or occupier of premises is taken to be responsible for the breeding, propagation, growing, raising, feeding, cloning or culturing of a pest or disease that is present on the premises at the time of the alleged dealing, unless he or she establishes that –
(a) he or she had taken all reasonable and practicable measures to prevent, eliminate or minimise the presence of the pest or disease on the premises; and
(b) he or she did not know of the presence of the pest or disease on the premises; and
(c) in the circumstances, he or she could not reasonably be expected to have known of the presence of the pest or disease on the premises.
15
Release or spread of pest or disease
15 Release or spread of pest or disease
(1) The release or spread of –
(a) a declared pest; or
(b) a declared disease; or
(c) an unknown pest; or
(d) an unknown disease –
into the environment is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Without limiting subregulation (1) , a person is taken to be responsible for the release or spread of a pest or disease into the environment if at the time of the alleged dealing –
(a) he or she –
(i) was the owner or occupier of premises that are reasonably suspected of being a carrier of the pest or disease; or
(ii) otherwise had possession, care or control of the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease; and
(b) he or she –
(i) caused, allowed, or failed to prevent the release, scattering or escape into the environment, or from the premises, of the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease; or
(ii) otherwise dealt with the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease, in a manner that resulted in the spread or increase of the pest or disease into the environment or from the premises.
Part 3
Regulated Dealings
Part 3 Regulated Dealings
16
Regulated animal farming
16 Regulated animal farming
(1) The farming of ratites is prescribed as a regulated dealing for the purposes of section 17(1) of the Act.
(2) Apiculture and beekeeping are prescribed as a regulated dealing for the purposes of section 17(1) of the Act.
17
Operation of a quarantine place
17 Operation of a quarantine place
(1) The operation of a quarantine place is prescribed as a regulated dealing for the purposes of section 17(1) of the Act.
(2) The owner, occupier or person in charge of a quarantine place is taken to be the person responsible for the operation of the quarantine place for the purposes of this regulation.
Part 4
Miscellaneous
Part 4 Miscellaneous
18
Biosecurity event
18 Biosecurity event
For the purposes of section 10(e) of the Act, the presence in Tasmania, or part of Tasmania, of a declared pest or declared disease is a biosecurity event.
19
Production of animal food
19 Production of animal food
The proprietor of an animal food business must ensure that any ruminant food produced, packaged or supplied by the animal food business is not contaminated by any restricted animal material.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or
(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
20
Packaging and labelling of animal food
20 Packaging and labelling of animal food
(1) A person must comply with the following requirements in respect of the sale or supply of animal food by the person to another person:
(a) the invoice or other document relating to the sale or supply in bulk of animal food that contains restricted animal material must have the following statement:
This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS
(b) the invoice or other document relating to the sale or supply in bulk of ruminant food must have the following statement:
This product does not contain restricted animal material
(c) in the case of animal food that contains restricted animal material being sold in a bag, the following statement must be printed on the bag, a label on the bag, or a tag attached to the bag:
This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS
(d) in the case of ruminant food being sold in a bag, the following statement must be printed on the bag, a label on the bag, or a tag attached to the bag:
This product does not contain restricted animal material
(2) All statements referred to in this regulation must be printed on a background of contrasting colour and –
(a) if the statement is on a woven bag, prominently displayed in letters of at least 10 millimetres in height; or
(b) in any other case, prominently displayed in letters of at least 3 millimetres in height.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or
(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
21
Obscuring or removing animal food label or information
21 Obscuring or removing animal food label or information
A person must not –
(a) mark or deface an invoice, or other document relating to the sale or supply of any animal food, in such a way that obscures or alters the information contained in the invoice or document; or
(b) remove or cause to be removed from a bag that contains animal food any label or tag relating to the contents of the bag or the composition of the animal food.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or
(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
22
Matter for determining suitability of a person
22 Matter for determining suitability of a person
The following matters are prescribed under section 18(e) of the Act as being matters that may be taken into account when determining whether a person is, or is no longer, a suitable person:
(a) the previous failure by a person, or if the person is a body corporate, any director of the body corporate, to pay any fees or charges that are, or were, payable by the person or director under the Act;
(b) the financial capacity of the person to pay any fees or charges that are, or reasonably likely to be, payable by the person under the Act;
(c) the previous suspension, cancellation or revocation of any of the following:
(i) an individual permit held by the person or, if the person is a body corporate, any individual permit held by a director of the body corporate;
(ii) a biosecurity registration held by the person or, if the person is a body corporate, any biosecurity registration held by a director of the body corporate;
(iii) an approval of the person as an accreditation authority or, if the person is a body corporate, any approval of a director of the body corporate as an accreditation authority;
(iv) an appointment of the person as a biosecurity auditor;
(v) an accreditation of the person as a biosecurity certifier;
(vi) an appointment of the person as an authorised officer.
(a) an offence against a provision of the Act specified in column 1 of the table in Schedule 1 is prescribed as an offence for which an infringement notice may be issued and served; and
(b) a penalty specified in column 2 of the table in Schedule 1 is prescribed as the penalty for a natural person for the offence specified in column 1 of the table; and
(c) a penalty specified in column 3 of the table in Schedule 1 is prescribed as the penalty for a body corporate for the offence specified in column 1 of the table.
24
Presumption of state of mind
24 Presumption of state of mind
In any proceedings for an offence established within these regulations, except where the contrary intention appears, it is not necessary for the prosecution to prove any intention, or state of mind, to establish that the offence has been committed.
25
Payments to council or Public Account
25 Payments to council or Public Account
(1) Any payments made in respect of an infringement notice –
(a) are payable to a council, if the notice was served by an authorised officer who is an employee of the council; or
(b) are otherwise payable into the Public Account.
(2) A council may charge a person a fee for –
(a) the provision by the council to the person of any information requested by the person from the council under the Act; or
(b) the carrying out of any inspection, analysis or other function under the Act in respect of the person by an authorised officer who is an employee of the council.
(a) to be no more than is necessary to cover the reasonable costs and expenses incurred in connection with the provision of information, or the inspection, analysis or other function that was carried out by the authorised officer under the Act in respect of the person; and
(b) recoverable in a court of competent jurisdiction as a debt due and owing to the council.
26
Register of registered entities
26 Register of registered entities
(1) The Secretary is to establish a register of entities authorised to engage in regulated dealings.
(2) The register established under this regulation is to contain the following particulars:
(a) the name of the entity;
(b) a description of the regulated dealing that the entity is authorised to undertake;
(c) any other relevant details.
(3) The register is to be available for inspection, without charge and during normal business hours, on a written request to the Secretary.
(4) A person inspecting the register under subregulation (3) may, on payment of any reasonable fee determined by the Secretary that does not exceed 50 fee units, do either or both of the following:
(a) obtain an extract of an entry in the register;
(b) obtain a copy of anything contained in the register.
(5) The Secretary may refuse to release, or provide access to, information on the register if the release of, or access to, that information may lead to the disclosure of trade secrets or sensitive commercial information.
27
Deemed refusal of permits, registrations and other applications
27 Deemed refusal of permits, registrations and other applications
(1) For the purposes of section 80(4) of the Act, if the Secretary fails to give an applicant notice of a decision to grant or refuse biosecurity registration within 60 days after receiving the application, the Secretary is taken to have refused to grant the application.
(2) For the purposes of section 104(6) of the Act, if the relevant decision-maker fails to make a decision in respect of an application within 60 days after receiving it, the application is taken to have been refused.
(3) For the purposes of clause 6 of Division 2 of Part 2 of Schedule 1 to the Act, if the relevant decision-maker fails to grant an application to renew within 60 after receiving it, the application is taken to have been refused.
(4) For the purposes of this regulation, any period commencing from a day on which the Secretary or decision-maker has, in writing, requested additional information from the applicant until the day on which that information is provided, is not counted towards the period of 60 days.
Part 5
Savings and Transitional Provisions
Part 5 Savings and Transitional Provisions
28
Authorised officers
28 Authorised officers
A person holding any of the following appointments immediately before the commencement of this regulation is taken to be appointed by the Secretary to be an authorised officer under section 31 of the Act on the same terms and conditions, and, if any term of appointment is specified, for a term expiring on the same day as specified:
(a) an inspector appointed under section 8 of the Animal Health Act 1995;
(b) an inspector appointed under section 49 of the Plant Quarantine Act 1997;
(c) an inspector appointed under section 34 of the Weed Management Act 1999.
29
Declared pests
29 Declared pests
Any –
(a) declared weed within the meaning of the Weed Management Act 1999; or
(b) pest, List A pest or List B pest, all within the meaning of the Plant Quarantine Act 1997; or
(c) vermin within the meaning of the Vermin Control Act 2000; or
(d) noxious fish within the meaning of the Living Marine Resources Management Act 1995; or
(e) controlled fish within the meaning of the Inland Fisheries Act 1995 –
that is in existence immediately before the commencement of this regulation, and has not been declared prohibited matter, is taken to be a declared pest for the purposes of these regulations.
30
Declared diseases
30 Declared diseases
Any –
(a) List A disease or List B disease within the meaning of the Animal Health Act 1995; and
(b) disease, List A disease or List B disease, all within the meaning of the Plant Quarantine Act 1997 –
that is in existence immediately before the commencement of this regulation, and has not been declared prohibited matter, is taken to be a declared disease for the purposes of these regulations.
31
Declarations or orders relating to land
31 Declarations or orders relating to land
(1) Any –
(a) declaration of an infected place, restricted area, control area or protected area, under the Animal Health Act 1995; or
(b) declaration of a quarantine area, infected area, control area or protected area, all within the meaning or the Plant Quarantine Act 1997; or
(c) declaration of an infested area, or protected area, within the meaning of the Weed Management Act 1999; or
(d) order specifying land under section 6 of the Vermin Control Act 2000 –
that is in force immediately before the commencement of this regulation is taken to be a control order for the purposes of the Act.
(2) Any restriction, condition or other measure (however described) that is in force under, or in connection with, an order or declaration referred to in subregulation (1) is taken to be a control measure in respect of the applicable control zone under the Act.
32
Permits
32 Permits
(1) Any –
(a) permit or special authority issued under the Animal Health Act 1995; or
(b) permit granted or issued under the Plant Quarantine Act 1997; or
(c) exemption granted to a person under section 99 of the Plant Quarantine Act 1997; or
(d) permit issued under the Weed Management Act 1999 –
that was in force immediately before the commencement of this regulation is taken to be an individual permit that was granted under section 104 of the Act on the same terms and conditions and, if any term of the permit or authority is specified, for a term expiring on the same day as specified.
(2) Any general authority issued under the Animal Health Act 1995 that was in force immediately before the commencement of this regulation is taken to be a group permit that was granted under section 110 of the Act on the same terms and conditions and, if any term of the permit or authority is specified, for a term expiring on the same day as specified.
33
Biosecurity directions
33 Biosecurity directions
Any –
(a) requirement notice served under section 13 of the Weed Management Act 1999; or
(b) written direction given by an inspector under the Animal Health Act 1995; or
(c) written direction given by an inspector under the Plant Quarantine Act 1997; or
(d) notice served by the Secretary under section 7 of the Vermin Control Act 1999 –
that has been served and was in force immediately before the commencement of this regulation is taken to be an individual biosecurity direction that was given by an authorised officer under section 193 of the Act.
34
Disease control programs and agreements
34 Disease control programs and agreements
(1) Any –
(a) industry disease control program, within the meaning of the Animal Health Act 1995; and
(b) industry control program, within the meaning of the Plant Quarantine Act 1997 –
that was in force immediately before the commencement of this regulation is taken to be an approved biosecurity program, within the meaning of the Act, containing the same provisions and measures and, if any term or period of the industry disease control program, or industry control program is specified, for a term or period expiring on the same day as specified.
(2) Any –
(a) Government disease control program, within the meaning of the Animal Health Act 1995; and
(b) Government control program, within the meaning of the Plant Quarantine Act 1997 –
that was in force immediately before the commencement of this regulation is taken to be a Government biosecurity program, within the meaning of the Act, containing the same provisions and measures and, if any term or period of the Government disease control program or Government control program is specified, for a term or period expiring on the same day as specified.
(3) Any control agreement, within the meaning of the Plant Quarantine Act 1997, that was in force immediately before the commencement of this regulation is taken to be a biosecurity control agreement, within the meaning of the Act, containing the same terms and conditions and, if any term or period of the control agreement is specified, for a term or period expiring on the same day as specified.
35
Registered quarantine places
35 Registered quarantine places
(1) The following persons or classes of persons are taken to be a registered entity authorised to operate a quarantine place for the purposes of regulation 17 :
(a) a person who, immediately before the commencement of this regulation, was the operator of an approved facility that is registered under section 53 of the Weed Management Act 1999;
(b) a person who, immediately before the commencement of this regulation, was the operator of an approved quarantine place within the meaning of the Plant Quarantine Act 1997.
(2) The following premises or classes of premises are taken to be a registered quarantine place for the purposes of regulation 17 :
(a) premises that, immediately before the commencement of this regulation, were an approved facility registered under section 53 of the Weed Management Act 1999;
(b) premises that, immediately before the commencement of this regulation, were an approved quarantine place within the meaning of the Plant Quarantine Act 1997.
36
Regulated animal farming
36 Regulated animal farming
(1) A person who, immediately before the commencement of this regulation, was a registered animal farmer within the meaning of the Animal Farming (Registration) Act 1994 is taken to be a registered entity authorised to engage in the farming of ratites for the purposes of regulation 16(1) .
(2) The biosecurity registration of a person referred to in this regulation is subject to the same terms and conditions as the person’s registration under the Animal Farming (Registration) Act 1994 and, if any term of the registration was specified, for a term expiring on the same day as specified.
37
Artificial breeding of an animal
37 Artificial breeding of an animal
(1) A person who, immediately before the commencement of this regulation, was the holder of a licence in force under section 61 of the Animal Health Act 1995 is taken to be a permit holder authorised to collect, process or collect and process semen, embryos and ova for sale at the premises specified in the licence.
(2) A permit taken to be held by a person referred to in subregulation (1) is subject to the same terms and conditions as the person’s licence under the Animal Health Act 1995 and, if any term of the licence was specified, for a term expiring on the same day as specified.
38
Weed management plans
38 Weed management plans
(1) Any weed management plan within the meaning of the Weed Management Act 1999 that was in force immediately before the commencement of this regulation is taken to be a Government biosecurity program implemented by the Secretary under section 136 of the Act containing, subject to subregulation (2) , the same provisions and measures as the weed management plan and, if any term or period of the plan is specified, for the term or period expiring on the same day as specified.
(2) A Government biosecurity program under subregulation (1) does not include any reference in a weed management plan to any specific offence against the Weed Management Act 1999, or any other Act of the old legislative scheme.
| Offence | Penalty (individual) | Penalty (corporation) |
| 1. Section 71(2) (contravention of general biosecurity duty) | 20 penalty units | 40 penalty units |
| 2. Section 73(1) (failure to notify of a biosecurity event) | 20 penalty units | 40 penalty units |
| 3. Section 75 (importing restricted matter) | 1 penalty unit | 10 penalty units |
| 4. Section 225 (make false or misleading claim or act fraudulently) | 20 penalty units | 40 penalty units |
| 5. All other offences in the Act (including in the regulations) | 5 penalty units | 10 penalty units |
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Biosecurity Regulations 2022 .
2 Commencement
2 Commencement
These regulations take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
(1) In these regulations –
Act means the Biosecurity Act 2019 ;
animal fitting includes –
(a) any box, stall, cage, enclosure, tank, pen, hive, water, or other thing, that has been used for containing an animal; and
(b) any harness, saddlery, rope, net, aquarium pump, bucket, trough, bedding, utensil, implement, equipment, or other thing, that has been used in the transportation, capture, breeding, feeding, handling or keeping of an animal or animal product;
animal food business means a business, enterprise or activity that consists, in whole or in part, of the commercial manufacturing, production or wholesale supply of animal food;
artificial breeding of an animal means –
(a) the artificial insemination of an animal; and
(b) the implantation of an embryo in a recipient animal; and
(c) the collection, processing, handling, storing, sale or distribution of semen, ova or embryos for a purpose specified in paragraph (a) or (b) ;
bag includes a box or other form of packaging;
commercially sterile, in relation to animal food, means animal food that is free from any living organisms that are capable of growing in, or on, the animal food in the conditions to which the animal food is likely to be subjected during its storage and distribution;
Establishes evidentiary rules and administrative presumptions, for instance certificates from the Chief Veterinary Officer or authorised biosecurity certifiers are evidence for compliance with certain feed-treatment rules (regs 7, 8, 10), possession is evidence of supply unless contrary established (regulation 13(2)), and a general presumption that intention/state of mind need not be proved in proceedings under these regulations (regulation 24).
Provides enforcement architecture: infringement notice offences (regulation 23 and Schedule 1), high-tier penalties for labelling and contamination breaches (regs 19-21), payment and fee rules (regulation 25), register of authorised entities (regulation 26), and deemed refusals for administrative inaction (regulation 27).
Contains savings and transitional provisions mapping prior appointments, declarations, permits, quarantine places, disease and weed plans, and licences under historical Tasmanian statutes into the new Biosecurity Act/Regulations framework (regs 28-38). Examples include converting old inspectors into authorised officers (reg 28) and treating prior permits as individual or group permits under the Act (reg 32).
The regulations distribute decision-making authority across the Minister, the Chief Veterinary Officer (CVO) and Chief Plant Protection Officer (CPPO), the Secretary, authorised officers (including council employees), and biosecurity certifiers. Where the instrument states a purpose claim, for example that declarations are necessary to prevent, eliminate, minimise, control or manage biosecurity risk (regulation 4(1)(d)), that claim is delegated to the Minister to satisfy on reasonable grounds and constrained by procedural steps such as pre-publication and a public submission period (regulation 4(3)-(4)). The instrument therefore both prescribes specific prohibitions and configures administrative discretion, evidentiary advantages and compliance burdens that affect producers, transporters, importers, animal food manufacturers and local government.
Main concepts
This instrument foregrounds a small set of operational concepts that determine legal scope and compliance requirements. Each is defined in regulation 3 or given operational effect elsewhere in the regulations.
Declared pest/declared disease (regulation 4): The Minister may declare a pest or disease, including pests/diseases not yet established in Tasmania, by Gazette notice if satisfied on reasonable grounds that a biosecurity risk exists and that declaration is necessary to prevent, eliminate, minimise, control or manage that risk (reg 4(1), (4), (8)). Declarations can include conditions and take effect on publication or a later date (reg 4(2), (5)). The regulations require a minimum 28-day public comment period before making a declaration (reg 4(3)). Declared pests/diseases are the trigger for multiple prohibitions (regs 6, 13-15) and for the statutory concept of a biosecurity event (reg 18).
Prohibited dealing (s 17(2) of the Act, applied in regs 5-15): The regulations specify particular dealings that are prohibited. These include importation of items reasonably suspected of carrying prohibited matter (reg 5), importation of declared/unknown pests/diseases and carriers (reg 6), and activities that spread, propagate, breed, supply, or release pests or diseases (regs 13-15). Several prohibitions use the phrase “may reasonably be suspected”, which imports a reasonable-grounds test rather than requiring confirmed presence.
Regulated dealing (s 17(1) of the Act, applied in regs 16-17): Certain activities are designated as regulated dealings requiring authorisation: farming of ratites, apiculture/beekeeping (reg 16), and operation of a quarantine place (reg 17). The owner, occupier or person in charge is taken to be the responsible person (reg 17(2)).
Restricted animal material and prohibited pig feed (regulation 3): These are categories of material with feeding-related prohibitions. Restricted animal material is broadly animal-derived material but enumerates specific exclusions such as tallow, gelatin and certain milk products (reg 3). Prohibited pig feed is similarly defined but also allows the CVO to declare exceptions by Gazette notice (reg 3).
Feeding and “allowing access” (reg 3): “Feeding” is defined to include not just active feeding but also failing to prevent an animal from having access to material likely to be ingested (reg 3). This expands liability to omission and premises control.
Evidence and administrative presumptions: Certificates from the Chief Veterinary Officer or authorised biosecurity certifiers are express evidence of compliance with permitted treatments for offal or animal food (regs 7-10). Possession is prima facie evidence of supply unless the contrary is established (reg 13(2)). Regulation 24 specifies that prosecution need not prove intention or state of mind unless a contrary intention appears.
Labelling and traceability (regs 19-21): The regulations impose invoice and bag labelling requirements for animal feed and ruminant food, with specified statement text and minimum letter heights (reg 20). Obscuring or removing labels or invoice information is an offence (reg 21).
Deemed conversions and continuity (regs 28-38): The instrument converts or preserves rights, permits, appointments, control orders, disease-control programs and quarantine places from prior Tasmanian acts into authorisations, registrations, biosecurity directions, programs or control orders under the Biosecurity Act (regs 28-38). This is intended to preserve continuity but transfers decision-making and enforcement into the new statutory machinery.
Mechanically, these concepts create compliance obligations, evidentiary advantages for the regulator and duties on proprietors, owners, permit holders and operators. They also create administrative touchpoints: the Minister’s declaration power (reg 4), the CVO’s approval and certification roles (regs 7-10, reg 19 exceptions), the Secretary’s register and discretion to withhold trade-secret material (reg 26), and the authority of local councils and authorised officers to issue infringement notices and charge fees (reg 25).
Who it affects
The regulations affect a range of stakeholders in primary production, animal health, biosecurity services, local government and trade. Identify the actors and the ways they are touched by the instrument.
Animal food businesses and proprietors: Subject to an express duty to ensure ruminant food is not contaminated by restricted animal material (regulation 19), and to labelling and invoice obligations when selling bulk, bagged or supplied ruminant food (regulation 20). They face corporate fines up to 250 penalty units for breaches of regs 19-21 and individuals up to 50 penalty units, with additional continuing-offence daily penalties (regs 19-21).
Livestock producers and farm operators: Liable for feeding prohibitions, including feeding offal to dogs (regulation 7), feeding prohibited pig feed to pigs (regulation 8), and feeding restricted animal material or chicken litter to ruminants (regulation 9). The definitions in regulation 3 expand who is a stock animal and thus who must observe biosecurity duties; animals kept in zoos, for research or in events can be prescribed as stock animals (reg 3(2)).
Operators of quarantine places and persons in charge of such premises: Operation of quarantine places is a regulated dealing (regulation 17). The owner, occupier or person in charge is taken to be the person responsible (reg 17(2)). Registered quarantine places and operators under earlier Acts are taken to be registered entities under these regulations (regulation 35).
Animal breeders and artificial breeding licensees: Artificial breeding activities (insemination, embryo implantation and handling of semen/ova/embryos) are defined (reg 3), and licences previously issued under the Animal Health Act 1995 are taken to be permits under the Act (regulation 37).
Apiarists and beekeepers, and ratite farmers: These activities are prescribed as regulated dealings and so require authorisation under the Act (regulation 16). People registered under the old Animal Farming (Registration) Act for ratite farming are taken to be registered entities under regulation 36.
Importers, transporters and suppliers: Broad import prohibitions apply to things reasonably suspected of carrying prohibited matter (regulation 5) and to declared/unknown pests and diseases and their carriers (regulation 6). Suppliers may be taken to have supplied pests/diseases if they had possession, care or control unless they establish the contrary (regulation 13(2)).
Local government and authorised officers: Councils’ employees appointed as authorised officers may issue infringement notices, receive payments, and charge fees for information, inspection or analysis (regulation 25). Regulation 28 deems certain pre-existing inspectors to be authorised officers under the Act.
The Minister, Secretary, Chief Veterinary Officer and Chief Plant Protection Officer: These public actors exercise decision-making powers. The Minister can declare pests/diseases by Gazette notice (regulation 4); the Secretary establishes and controls a register of authorised entities (regulation 26); the CVO issues certificates and may approve treatment processes for offal, pig feed or restricted materials and may declare exceptions (regs 7-10, reg 3 definitions); the CPPO is explicitly listed as an adviser the Minister must consider when declaring pests/diseases (regulation 4(4)(b)).
Industry bodies and accreditation authorities: Decisions about suitability to hold permits or registrations may take into account prior suspensions or cancellations, appointments as accreditation authorities, biosecurity auditor appointments and biosecurity certifier accreditations (regulation 22(c)(i)-(vi)). This links historical compliance and accreditation status to continued authorisation.
The public and trade: Gazette notices, registry inspection (regulation 26) and the 28-day submission period for proposed declarations (regulation 4(3)) create public-facing processes. The Secretary may refuse to release registry information where disclosure might reveal trade secrets or sensitive commercial information (regulation 26(5)).
Who pays and who decides is explicit in several provisions. Proprietors of animal food businesses bear the compliance burden for production and labelling duties (regulations 19-20). Councils may recover reasonable costs for providing information or carrying out inspections (regulation 25(2)-(3)). The Minister and Secretary make or administer declarations, registers and deemed decisions (regs 4, 26, 27). The Chief Veterinary Officer and Chief Plant Protection Officer provide technical advice and may approve processes and issue certificates (regs 7-10, 4(4)(b)). The distribution of these roles concentrates scientific, evidentiary and discretionary authority in Crown officers and authorised certifiers, while shifting operational costs to private businesses and local government as enforcement agents.
Key duties and rights
This section sets out the primary legal duties imposed by the regulations and rights or defences identified in the text, with section references.
Major express duties
Duty to prevent contamination of ruminant food (regulation 19): The proprietor of an animal food business must ensure ruminant food produced, packaged or supplied by the business is not contaminated with restricted animal material. Breach attracts a specified monetary penalty for corporates and individuals (reg 19).
Labelling and invoice statement duties (regulation 20): Persons selling or supplying animal food must include prescribed statements on invoices for bulk supplies and on bags or labels for bagged products, with minimum letter sizes and contrast requirements (reg 20(1)-(2)). Required wording is set out in reg 20(1)(a)-(d).
Prohibition on obscuring or removing labels and invoice information (regulation 21): It is an offence to deface invoices or remove labels or tags relating to animal food composition or contents.
Prohibitions on particular feed practices (regs 7-10): Feeding offal to dogs (reg 7), feeding prohibited pig feed to pigs (reg 8), feeding restricted animal material or chicken litter to ruminants (reg 9), and supplying ruminant food containing restricted animal material (reg 10) are all prescribed prohibited dealings under s 17(2) of the Act. Defences and evidentiary easing are provided by certificates from the CVO or authorised biosecurity certifiers in regs 7(3), 8(3) and 10(3).
Unhygienic carcass management duty (regulation 12): Owners or occupiers are taken to be responsible where they cause or allow carcasses to remain exposed or fail to dispose of them in a suitably hygienic manner as soon as reasonably practicable after discovery. The regulation lists methods that qualify as suitably hygienic, including lawful use as animal food in accordance with other laws and methods approved by the CVO (reg 12(2)-(3)).
Presumptions and evidentiary rules
Possession as evidence of supply (regulation 13(2)): In proceedings, possession, care, custody or control of a biosecurity matter or carrier is evidence, unless the contrary is established, that the person supplied it at or around that time. This shifts evidentiary burden to the defendant to show contrary proof.
Certificates as evidence of compliance (regs 7, 8, 10): Certificates from the Chief Veterinary Officer or an authorised biosecurity certifier certifying compliance with specified treatment processes serve as evidence that batches complied on the date in the certificate.
No need to prove state of mind (regulation 24): Except where the contrary intention appears, prosecutions under these regulations need not prove intention or state of mind to establish the offence.
Administrative duties and rights
Consultation and decision-procedure for declarations (regulation 4): Before making a declaration of a pest or disease, the Minister must publish a notice of the proposed declaration in the Gazette and allow at least 28 days for comments and submissions (reg 4(3)), and must take account of comments and advice of the CPPO and CVO (reg 4(4)).
Register and access rights (regulation 26): The Secretary must establish a register of entities authorised to engage in regulated dealings, which is available for inspection on written request, free of charge during business hours (reg 26(1)-(3)). The Secretary may charge up to 50 fee units for extracts or copies and may refuse access where disclosure would lead to disclosure of trade secrets or sensitive commercial information (reg 26(4)-(5)).
Deemed continuation rights and transitional permits (regs 28-38): Holders of various pre-commencement permits, approvals, licences, declared areas and programs are generally taken to be appointed, registered or authorised under the new Act on the same terms and for the same remaining term (see regs 28, 29, 30, 31, 32, 34, 35, 36, 37, 38). This preserves rights without new application, but transfers them into the new statutory regime.
Defences and exceptions
Reasonable-practicability defence for premises responsibility (regulation 14(2)): Owners/occupiers are taken to be responsible for propagation of pests or diseases present on premises unless they establish they had taken all reasonable and practicable measures to prevent, did not know of the pest or disease and could not reasonably have been expected to know (reg 14(2)(a)-(c)).
Limited exceptions for feeding offences (regulation 7(2); 8(2); 9(2)): E.g. feeding offal to dogs is not prohibited if the offal is commercially sterile or treated by a CVO-approved process (reg 7(2)). Feeding restricted animal material to ruminants has limited exceptions where it would not be reasonable to prevent access (reg 9(2)(a)-(d)).
Technical approvals and exemptions by CVO (regulation 3 definitions and regs 7-10): The CVO can approve processes and publish notices in the Gazette to declare materials not to be restricted or prohibited pig feed, or to provide approved treatments that remove the prohibition (reg 3 and regs 7-8, 10).
Rights to administrative remedies
Deemed refusal and time limits (regulation 27): If a decision-maker fails to notify a decision on biosecurity registration or other application within 60 days, the application is taken to have been refused, subject to pauses where further information is requested (reg 27(1)-(4)). This creates an administrative remedy inaction pathway and time certainty for applicants.
Infringement notice framework (regulation 23 and Schedule 1): The regulations prescribe certain offences as infringement notice offences under s 231 of the Act, and fix penalties for individuals and corporates for specific Act provisions mapped in Schedule 1.
These duties and rights combine prescriptive operational rules (labelling, feed controls, quarantine operation), administrative rights (register inspection, deemed continuations and deemed refusals) and evidentiary mechanisms that favour regulator proof and one-way evidential constructs unless the regulated party can establish the contrary.
Penalties and enforcement
Enforcement in the regulations proceeds through a combination of criminal penalties, infringement notices, evidentiary presumptions, authorised-officer powers and local-government involvement. The instrument specifies monetary penalties, continuing offence penalties, and the framework for infringement notices.
Monetary penalties and continuing penalties
High-tier penalties for production, packaging, labelling and label interference: Breaches of the duty to ensure ruminant food is not contaminated (regulation 19), the packaging and labelling requirements (regulation 20) and the prohibition on obscuring or removing labels (regulation 21) carry the same penalties. For bodies corporate a maximum fine of 250 penalty units applies, together with a continuing-offence fine of up to 20 penalty units per day for the duration of the offence. For individuals the maximum is 50 penalty units and, for continuing offences, up to 5 penalty units per day (regs 19-21).
Infringement notice penalties: Regulation 23 prescribes offences in the Act for which infringement notices may be issued under s 231 of the Act and assigns the monetary amounts in Schedule 1. Schedule 1 lists, among others, contravention of the general biosecurity duty (s 71(2)) and failure to notify a biosecurity event (s 73(1)) at 20 penalty units for individuals and 40 for corporations, and importing restricted matter (s 75) at 1 penalty unit for individuals and 10 for corporations. It also provides an entry capturing "all other offences in the Act (including in the regulations)" at 5 penalty units for individuals and 10 for corporations (reg 23 and Schedule 1).
Minor penalties elsewhere: Some offences in the Act are assigned relatively low infringement penalties (see Schedule 1 entries), but statutory maximum fines in the Act itself may be higher for serious contraventions and remain available where conduct is prosecuted rather than the subject of an infringement notice.
Evidentiary and procedural enforcement features
Certificates and authorised biosecurity certifiers: Certificates issued by the Chief Veterinary Officer or authorised biosecurity certifiers are evidence that a batch or consignment complied with specified treatment conditions for offal, prohibited pig feed or ruminant food (regs 7(3), 8(3), 10(3)). This operates as a practical compliance pathway and also as evidentiary protection for businesses that obtain and retain such certificates.
Possession as prima facie evidence of supply: Regulation 13(2) provides that possession, care, custody or control of a biosecurity matter or carrier is evidence, unless contrary is established, that the person supplied it at or around that time. This evidential rule lowers the regulator’s proof threshold and shifts an evidential burden to the defendant.
No requirement to prove state of mind: Regulation 24 states that in proceedings under the regulations it is not necessary for the prosecution to prove intention or state of mind unless the contrary intention appears. This tends towards strict or objective liability-style enforcement for many regulated matters, increasing the importance of maintaining records and certificates.
Role of authorised officers, councils and the Secretary
Authorised officers and infringement notices: Payments for infringement notices served by authorised officers who are council employees are payable to the council; otherwise they are payable into the Public Account (regulation 25(1)). Regulation 28 deems certain pre-existing inspectors to be authorised officers under the Act on the same terms.
Councils may charge fees for information and inspections: Councils may recover fees for providing information or carrying out inspections, analyses or other functions and must limit the fee to no more than necessary to cover reasonable costs (regulation 25(2)-(3)). Fees are recoverable as a debt in court.
Registers, access refusal and confidentiality: The Secretary maintains a register of authorised entities (regulation 26). While inspection is generally available on request, the Secretary may refuse release or access where disclosure may lead to disclosure of trade secrets or sensitive commercial information (regulation 26(5)). This creates discretion that affects enforcement transparency.
Administrative decision-time limits and deemed refusals
Deemed refusals: If the Secretary fails to notify a decision on a biosecurity registration within 60 days, the Secretary is taken to have refused (regulation 27(1)). The same 60-day rule applies to other relevant decision-makers and renewals under other parts of the Act as mapped in reg 27(2)-(3), with pause during periods where the Secretary or decision-maker has requested additional information that the applicant has not provided (reg 27(4)). This procedural rule provides applicants with an administrative remedy if decisions are not made.
Practical enforcement implication and risk allocation
The combination of objective liability-style rules (reg 24), possession-as-evidence rules (reg 13(2)) and certificates-as-evidence (regs 7, 8, 10) allocates risk in two ways. It makes regulator enforcement efficient when inspectors find prohibited materials, while providing a clear compliance pathway for businesses that obtain CVO or authorised certifier certificates and keep contemporaneous records. The high monetary penalties for labelling and contamination offences make robust compliance and record-keeping commercially important.
For council-level enforcement, the instrument authorises councils to act and recover reasonable costs, embedding local government as an enforcement arm subject to cost recovery constraints (regulation 25). Enforcement discretion remains concentrated in ministers, the Secretary, the Chief Veterinary Officer and authorised officers, but with administrative remedies and evidentiary devices that favour regulatory efficiency.
How it interacts with other laws
The regulations are structured to migrate existing Tasmanian biosecurity machinery into the Biosecurity Act 2019 framework, and they interoperate with a suite of older Tasmanian statutes and standards. The instrument explicitly cross-references, preserves and converts prior authorisations, and imports definitions that align with other Acts.
Links to prior Tasmanian statutes and conversion of existing instruments
Conversion of appointments: Persons appointed under the Animal Health Act 1995, the Plant Quarantine Act 1997 and the Weed Management Act 1999 as inspectors are taken to be appointed by the Secretary as authorised officers under s 31 of the Biosecurity Act (regulation 28). This preserves operational continuity while transferring appointment basis to the new Act.
Conversion of declarations and control orders: Existing declarations of infected places, restricted areas, quarantine areas, infected areas, control areas, protected areas, and orders specifying land under various older Acts are taken to be control orders under the Biosecurity Act (regulation 31). Any restriction or measure under those previous orders is taken to be a control measure in respect of the applicable control zone under the Act (regulation 31(2)).
Conversion of permits, authorities and general authorities: Existing permits, licences and general authorities under the Animal Health Act 1995, Plant Quarantine Act 1997 and Weed Management Act 1999 are taken to be individual permits or group permits under the Biosecurity Act, on the same terms and for the same term as previously specified (regulation 32).
Conversion of disease control programs and control agreements: Industry and Government disease/control programs under the Animal Health Act 1995 and Plant Quarantine Act 1997 are taken to be approved biosecurity programs or Government biosecurity programs under the Biosecurity Act (regulation 34). Existing plant quarantine control agreements are taken to be biosecurity control agreements (regulation 34(3)).
Declared pests and diseases carried over: Declared weeds within the Weed Management Act 1999, List A/B pests under the Plant Quarantine Act 1997, vermin under the Vermin Control Act 2000 and certain fish declarations under the Living Marine Resources Management Act 1995 and Inland Fisheries Act 1995 that existed immediately before commencement are taken to be declared pests under these regulations (regulation 29). Likewise, List A/B diseases under Animal Health Act 1995 and Plant Quarantine Act 1997 carry over as declared diseases (regulation 30).
Cross-references and harmonisation with standards and other laws
Rendering Standard: The definition of tallow in regulation 3 refers to the Australian Standard for Hygienic Rendering of Animal Products AS5008:2007, as amended or substituted from time to time. This imports a technical standard by reference and allows the rendering standard to evolve administratively without immediate statutory amendment.
Primary Produce Safety Act 2011: Several definitions align with that Act, for example pet and pet food (regulation 3), signalling that producers and processors must also comply with primary produce safety obligations.
Interaction with the Biosecurity Act 2019: The regulations rely heavily on the Act’s statutory architecture, for example prescribing regulated (s 17(1)) and prohibited dealings (s 17(2)), associating biosecurity events with s 10(e) via regulation 18, and prescribing offences for the purposes of s 231 infringement regimes (regulation 23). Administrative matters such as suitability criteria are prescribed under s 18(e) of the Act (regulation 22).
Disclosure and confidentiality tensions: Regulation 26(5) allows the Secretary to refuse release of register information if disclosure may reveal trade secrets or sensitive commercial information. This creates an interface between transparency obligations under the Biosecurity Act and commercial confidentiality concerns covered by other regulatory regimes.
Potential conflicts and practical considerations
Consolidation and continuity reduce duplication and legal uncertainty by migrating old instruments into the new regime. The transitional provisions aim to maintain operative effect of older declarations, permits and programs (regs 28-38).
The Minister’s declaration power in regulation 4 overlays previous system declarations but is procedurally constrained by a mandatory pre-publication notice and a 28-day submissions window (reg 4(3)), which creates a public-law process and harmonises the declaration mechanism with administrative processes under other Acts.
Where the regulations refer to other Acts for definitions or to preserve existing orders, practitioners will need to examine both the Biosecurity Regulations and the older instruments as they were immediately before commencement, and the existing statutory definitions that were carried over (regulations 29-32). This is a concrete compliance task for legal and compliance professionals advising affected businesses.
Overall, the regulations act as an integrating instrument, folding prior Tasmanian biosecurity-era instruments into the new Act, importing technical standards by reference, and creating points of interaction between departmental discretion, technical offices (CVO/CPPO), local government enforcement and private sector compliance under related primary-produce, animal health and fisheries laws.
Amendment history
The text of the instrument identifies its citation, commencement mechanism and notification history, and incorporates several references to other instruments and standards that may be amended outside the regulations themselves.
Citation and commencement: The regulations may be cited as the Biosecurity Regulations 2022 (regulation 1) and take effect on the day their making is notified in the Gazette (regulation 2). The instrument notes it was notified in the Gazette on 2 November 2022 (Schedule 1 footer).
Administration: The regulations are administered by the Department of Natural Resources and Environment Tasmania, as stated at the end of the instrument.
Referential updates and standards: Several definitions refer to external standards and other Acts in force “as amended or substituted from time to time”. For example, the Rendering Standard (AS5008:2007) is adopted and may be amended or substituted from time to time without immediate regulation amendment (regulation 3). Likewise, multiple definitions cross‑reference the Biosecurity Act 2019 and earlier Tasmanian statutes.
Transitional mapping and temporal preservation: The regulations preserve the terms and periods of pre-commencement licences, permits and registrations by treating them as individual permits or registrations under the new Act with the same terms and expiry dates (regs 32, 35, 36, 37, 38). This creates a history traceability path where any amendment to terms under the new Act will occur against that preserved baseline.
No internal amendment log in the text: The instrument does not contain an internal amendment history beyond its initial Gazette notification and the “as amended or substituted from time to time” formulation for standards. The text does not list subsequent amending instruments, so practitioners must consult the Tasmanian legislation register and the Gazette to confirm any post-notification amendments or revocations.
Delegated and administrative change routes: Because the Minister and CVO have powers that allow the creation of exceptions, approvals and certifier authorisations by Gazette notice or administrative act (regulation 3 definitions, reg 4(2), regs 7-10), the practical regulatory landscape can evolve without amendment to the main regulations. For example, the CVO may publish notices disapplying certain materials from the restricted animal material definition or may approve treatment processes; those changes will be visible in the Gazette and administrative registers but not necessarily reflected in the regulations text.
Effect on prior legislation: The transitional provisions comprehensively convert specified instruments under older statutes into the new regulatory framework (regs 28-38). That conversion is a one-off legislative event effected on commencement. Any subsequent changes to those prior Acts will not necessarily affect the preserved authorisations, which are now governed by the Biosecurity Act and these regulations.
Practitioners should therefore maintain three parallel sources for amendment and version control checks: the consolidated regulations as published, Gazette notices and CVO/CPPO administrative notices (approvals and certificates), and the Secretary’s register where permitted entries and access arrangements are updated. The regulations create administrative pathways for change that reduce the need for frequent formal amendment, but increase the importance of monitoring Gazette notices and administrative approvals.
Litigation history
The regulations themselves do not catalogue cases and contain no recorded judicial decisions in the instrument text. The instrument cites no judicial authorities and does not record litigation history. For practitioners analysing likely litigation vectors or preparing for disputes, the text nonetheless identifies several provisions where legal challenge or litigation may be anticipated, based on the statutory mechanics in the regulations.
Areas where litigation or judicial review might arise
Ministerial declarations and procedural fairness: Regulation 4 requires the Minister to publish a notice of proposed declaration at least 28 days before making a declaration, receive submissions during that period, and take into account comments and advice of the Chief Plant Protection Officer and Chief Veterinary Officer (reg 4(3)-(4)). Judicial review could arise where a stakeholder contends the Minister did not take submissions into account, failed to follow the procedural steps, or where the “reasonable grounds” threshold in reg 4(1)(c)-(d) is alleged not to have been met. Challenges could be mounted on administrative-law grounds such as failure to observe procedural fairness, irrationality, or failure to consider relevant matters.
Evidentiary presumptions and constitutional or fairness claims: Regulation 13(2) makes possession prima facie evidence of supply unless the contrary is established, and regulation 24 displaces the requirement to prove state of mind in most proceedings. These evidentiary devices may be litigated in criminal prosecutions or regulatory prosecutions where defendants contend that the evidentiary shift undermines fairness or that the reverse onus is incompatible with legislative intent in specific fact patterns. Defendants will likely invoke established principles as to when statutory reverse onus provisions are permissible.
Interpretation of “reasonable” and “suitably hygienic”: Several provisions hinge on assessments of reasonableness and what constitutes suitably hygienic disposal of carcasses (reg 12(3) and reg 14(2)). Disputes may focus on whether an occupier took “all reasonable and practicable measures” or whether disposal was “suitably hygienic,” which are fact‑sensitive and amenable to litigation on both statutory interpretation and fact.
Trade-secret confidentiality versus public interest in register disclosures: Regulation 26(5) permits the Secretary to refuse to release register information where disclosure may reveal trade secrets or sensitive commercial information. Disputes could be litigated under information‑access frameworks where third parties seek register disclosures and the Secretary refuses. Litigation may turn on the scope of “trade secrets” and the balancing of public interest against confidentiality.
Deemed refusals and administrative delay disputes: Regulation 27 creates a deemed refusal mechanism where the Secretary or decision-maker fails to notify a decision within 60 days. Disputes could concern whether the 60-day countdown was properly suspended by a request for further information and whether an applicant was treated fairly in respect of deemed refusals and resultant appeals or merits review mechanisms in the Act.
Enforcement and penalty assessment: The high corporate penalties for labelling and contamination offences (up to 250 penalty units and daily penalties) may attract litigation on proportionality of penalty, proper assessment of continuing offences and factual disputes as to contamination, label compliance and reliance on certificates from authorised certifiers.
Limitations of the instrument as a litigation guide
No recorded cases in the instrument: Because the provided instrument text contains no judicial decisions or precedent history, practitioners must look to court and tribunal records, administrative review decisions, and appellate judgments applying the Biosecurity Act 2019 and these regulations in Tasmania for authoritative litigation history.
Predictive, not prescriptive, commentary here: The preceding points identify structural litigation risks created by the text of the regulations. They do not purport to report existing litigation. Any actual case law must be sourced externally to verify how courts have interpreted the regulations’ provisions such as reg 13(2), reg 24, reg 4’s procedural steps, and the reasonableness standards in regs 12 and 14.
For litigation preparation, compliance counselling and advisory work, practitioners should monitor Tribunal and Supreme Court lists for Tasmanian proceedings involving the Biosecurity Act and these regulations, and review decisions interpreting similar evidentiary presumptions, reverse-onus clauses and administrative procedure in Australian and Tasmanian jurisprudence where relevant.
Gotchas
The regulations contain several technical traps, evidentiary shifts and administrative features that can trip up non-specialists. The following items are concrete operational pitfalls derived from the text.
Broad definitions expand liability scope: The definition of animal fitting in regulation 3 includes a long non-exhaustive list of items (boxes, stalls, cages, enclosures, tanks, pens, hives, water or other things used for containing an animal, and harnesses, ropes, nets, pumps, buckets, troughs, bedding and other implements used in transportation, capture, breeding, feeding, handling or keeping of an animal). That breadth means seemingly peripheral equipment can bring a product into the scope of import or contamination prohibitions (reg 3).
“Feeding” includes omission: Regulation 3 defines “feeding” to include causing or allowing material to be fed, and failing to prevent the animal from having access to material that may be ingested. This converts omissions and perimeter control failures into actionable conduct (reg 3).
Prima facie supply from possession: Under regulation 13(2), mere possession, care, custody or control of a pest, disease or carrier is evidence of supply unless the contrary is proven. Businesses that handle suspect materials need contemporaneous chain-of-custody and inventory records to rebut this evidentiary starting point.
Certificates are evidence but not absolute immunity: Certificates from the CVO or authorised biosecurity certifiers are evidence of compliance for specified treatments (regs 7(3), 8(3), 10(3)). However certificates do not create a blanket immunity from all regulatory action; they are admissible evidence and need to be properly sourced, accurate and contemporaneous.
Broad import prohibition language: Regulations 5 and 6 make importing any “thing” that may reasonably be suspected of being a carrier of prohibited matter or of declared/unknown pests or diseases a prohibited dealing. The “reasonably suspected” threshold introduces subjectivity and increases the importance of pre-import risk assessment, documentation and, where appropriate, seeking pre-clearance.
CVO approval and Gazette exceptions: The definitions of prohibited pig feed and restricted animal material permit the CVO to declare exceptions by Gazette notice (regulation 3). Businesses cannot assume permanence; they must monitor Gazette notices and CVO approvals for sudden changes that alter the status of a material.
Labelling technicalities: Regulation 20 prescribes exact wording and minimum letter sizes for statements on invoices and bags. For woven bags the statement must use letters at least 10 millimetres in height; otherwise 3 millimetres. The required contrast background is mandatory. Non-compliant bags or invoices attract significant fines for corporates and individuals (reg 20(2), penalties in reg 20 and reg 19).
“Suitably hygienic manner” is fact-sensitive: Regulation 12(3) lists examples but leaves room for interpretation. Disposal methods approved by the CVO count, and use as animal food must comply with the Act and the Primary Produce Safety Act 2011. Businesses must document decisions and approvals to defend hygiene-related allegations.
Presumption of no need to prove state of mind: Regulation 24 means the prosecution need not prove intention or state of mind in most proceedings under these regulations. This increases prosecution success potential in strict-liability-like offences and raises the evidentiary bar for defendants to show a “contrary intention” where relevant.
Deemed refusal timing traps: Regulation 27 provides a 60-day deemed refusal rule but suspends the 60-day clock while the Secretary or decision-maker has requested further information until the information is provided. Applicants should respond promptly to information requests to avoid clock pauses and to preserve administrative remedies.
Register confidentiality discretion: While the Secretary must maintain a register and make it available, regulation 26(5) allows refusal where release may lead to disclosure of trade secrets or sensitive commercial information. Third parties seeking information may face refusal and need to plan alternative information-gathering strategies.
Transitional carry-overs with unchanged terms: Many existing licences, permits, declarations, quarantine places and programs are carried into the new regime with the same terms and expiry dates (regs 28-38). Practitioners must check the original instrument terms retained in the new regime; automatic conversion does not mean the old terms are superseded or simplified.
Council fees and recovery: Councils can charge fees for information, inspections and analyses but only to the extent reasonably necessary to cover costs and recoverable as a debt (regulation 25(2)-(3)). Businesses should budget for local government cost recovery where councils are enforcement agents.
These “gotchas” have concrete mitigation paths: obtain CVO-approved certificates where available, keep chain-of-custody and contamination-prevention documentation, validate bag and invoice labelling to the specified dimensions and contrast, respond promptly to information requests, monitor the Gazette for CVO/Minister announcements, and review transitional instruments carried over into the new regime.
How to comply
This section describes practical steps that affected entities should take to meet the regulations’ requirements and to reduce enforcement and litigation risk. Each recommendation is grounded in specific regulatory provisions.
Map your exposures against the definitions and prohibited dealings
Review the definitions in regulation 3 for terms that capture your operations, including animal fitting, animal food business, restricted animal material, prohibited pig feed, feeding, and stock animal. Determine whether your products, equipment or practices fall within those definitions and flag items that might be classified as carriers or restricted materials.
For importers, identify items that could “reasonably be suspected” of carrying prohibited matter under regulations 5 and 6. Implement pre-import risk assessments and quarantine plans.
For animal food businesses, segregate, test and label
Establish physical and procedural segregation between ruminant food streams and non-ruminant or pet-food streams, because ruminant food must be free of restricted animal material (regulation 19).
Ensure invoices and bag labels include the exact prescribed statements in regulation 20(1)(a)-(d) and satisfy minimum letter heights and contrast requirements in regulation 20(2). For woven bags use at least 10 mm letters; otherwise at least 3 mm.
Keep batch testing, incoming material specifications, and supplier declarations that demonstrate absence of restricted animal material. Use CVO or authorised biosecurity certifier certificates to evidence compliance where applicable (regs 7(3), 8(3), 10(3)).
Implement chain‑of‑custody and recordkeeping to rebut possession presumptions
Treat regulation 13(2)’s evidentiary presumption seriously. Maintain contemporaneous chain-of-custody records, movement logs, delivery dockets and CCTV or inventory reconciliation, so that if possession is used as evidence you can establish who supplied or controlled the material.
Retain certificates, test results and authorisations for the statutory evidentiary period relevant to your operations and any potential inspection windows.
Use authorised certifiers and obtain CVO approvals where available
Where the regulations allow treatment-based exceptions (regs 7-8), either seek CVO-approved treatment processes or obtain certificates from the CVO or authorised biosecurity certifiers. Those certificates are admissible evidence of compliance.
Monitor the Gazette for CVO notices declaring certain materials not to be restricted animal material or prohibited pig feed (regulation 3).
Control premises to prevent “allowing access” offences
Because “feeding” extends to failing to prevent access (regulation 3), ensure paddock and perimeter controls, prompt carcass removal in a “suitably hygienic manner” (regulation 12(2)-(3)), and documented inspection routines, especially where ruminants graze in areas where wild carcasses or bones may be present.
Record incidents where it would be unreasonable to prevent ruminant access (regulation 9(2) lists examples such as placentas or natural licking behaviour) and have protocols to document these circumstances.
Ensure labelling integrity and avoid label tampering
Train staff to avoid marking, defacing or removing labels or invoice information (regulation 21). Set internal controls for label printing, storage and verification. Maintain sample retainers where feasible to evidence past compliance.
Audit and verify third-party baggers and packers for compliance with statement placement and size requirements (regulation 20(2)).
Engage with the administrative process for declarations and registrations
Monitor the Gazette and the Secretary’s register for proposed Ministerial declarations (regulation 4(3)). Participate in the 28-day submission period if a proposed declaration would affect your operations.
For regulated dealings (regulation 16 and 17), ensure applications and renewals are complete and respond promptly to any requests for additional information to avoid deemed refusals under regulation 27.
Prepare for inspections and possible fees
Councils can charge only reasonable costs to cover information provision or inspections (regulation 25(2)-(3)), but those costs are recoverable. Budget for potential inspection fees and any traceability or sampling costs.
Maintain documentation to substantiate that any fees charged were for reasonable costs if a recovery dispute arises.
Review historical instruments carried into the new regime
If you held permits, licences, declarations, quarantine place approvals or programs under pre-existing statutes, identify which of those were taken to be permits or registrations under the Biosecurity Act and confirm their terms and expiry dates as carried over by the transitional provisions (regs 28-38). Plan renewals early in light of reg 27’s timelines.
Legal and compliance governance
Assign clear internal responsibility for compliance with the regulations, including a nominated person responsible for monitoring Gazette notices, maintaining certifications and dealing with authorised officer inspections.
Establish a compliance file including CVO approvals, certificates from authorised biosecurity certifiers, labelling artwork approvals, invoices, chain-of-custody and disposal records, to support defences where regulation 24 reduces the need for proving intention and regulation 13(2) shifts evidentiary burdens.
Seek formal advice when in doubt
Where the CVO has the power to approve processes or make declarations, seek written approvals or clarifying Gazette notices rather than informal assurances. Where interpretation of “reasonably suspected”, “suitably hygienic”, or the status of restricted materials is uncertain, obtain written legal or technical advice and consider seeking a declaratory ruling, permit, or an application for an individual permit or registration under the Act.
Following these steps aligns operational practices with the regulatory language and the evidentiary and enforcement structures created by the regulations. Proactive certification, record management, immediate response to information requests, and active monitoring of the Gazette are recurring practical themes in complying with the Biosecurity Regulations 2022.
farming of an animal means keeping, hatching or raising an animal for any one or more of the following purposes:
(a) the sale or other supply of the animal while it is alive;
(b) the use of the animal for biological control, vegetation management, pollination or other similar agricultural services;
(c) the slaughtering and supply of the slaughtered animal;
(d) the harvesting of the animal or the products of the animal and the sale or other supply of the harvested animal or products;
feeding, in relation to any material, includes –
(a) allowing, directing or causing the material to be fed to an animal; and
(b) if the material may be ingested by an animal, failing to prevent the animal from having access to the material;
fish means any aquatic animal, whether dead or alive, of any species (other than amphibians, birds, mammals or reptiles) which, in the normal course of events, spends part or all its life in the aquatic environment;
horticultural material includes any plant and any –
(a) animal product and animal fitting; and
(b) harvest-equipment, machinery, vehicle, container, pot, soil, structure, tool or other thing –
that is, or has been, used to carry, hold, handle, cultivate, propagate, grow, harvest, process or produce any plant or plant product;
horticulture includes any form of agriculture involving plants, including apiculture and viticulture;
inland waters has the same meaning as in the Inland Fisheries Act 1995 ;
mammal does not include a human being;
old legislative scheme has the same meaning as in Part 2 of theBiosecurity (Consequential and Transitional Provisions) Act 2020 ;
oyster includes the spat and the seed of an oyster and any part of the flesh or shell of an oyster;
oyster product means any animal product comprised wholly or partly of oyster;
pet has the same meaning as in the Primary Produce Safety Act 2011 ;
pet food has the same meaning as in the Primary Produce Safety Act 2011 ;
poultry means muttonbird and any chicken, turkey, duck, squab (pigeon), goose, pheasant, quail, guinea fowl and other domesticated avian species used for the production of food for human or animal consumption;
prohibited pig feed includes –
(a) any animal food, or fodder, comprising, in part or in whole, any mammal or animal product from a mammal; and
(b) any animal food, or fodder, that has come into contact with any mammal or animal product from a mammal –
but does not include –
(c) any milk, milk product or by-product of milk processing that is of Australian provenance, or that has been lawfully imported into Australia for use as animal food; or
(d) tallow; or
(e) any other material or class of material declared by the Chief Veterinary Officer not to be prohibited pig feed by notice published in the Gazette;
proprietor of a business means –
(a) the owner of, or the entity carrying on, the day-to-day operation of the business; or
(b) if that entity cannot be identified, the person apparently in charge of the business;
quarantine place means premises or a part of premises used primarily for the quarantine of any biosecurity matter or carrier that –
(a) has been identified as posing a biosecurity risk; or
(b) is intended for export from Tasmania to another state or to Macquarie Island; or
(c) has arrived in Tasmania from another state, or from Macquarie Island, and is required under the Act or a corresponding law to be –
(i) inspected by a biosecurity certifier or authorised officer before being exported or moved from the premises to another part of Tasmania; or
(ii) destroyed or treated in order to prevent, eliminate or minimise any biosecurity risk that it may pose;
ratite means any emu, ostrich or cassowary;
registered quarantine place means a quarantine place that is the subject of a current registration in accordance with regulation 35 ;
Rendering Standard means the Australian Standard entitled Australian Standard for Hygienic Rendering of Animal Products AS5008:2007 published by Standards Australia on 31 December 2007, as amended or substituted from time to time;
restricted animal material means animal food or material comprising, in whole or in part, a vertebrate animal or any product derived from a vertebrate animal, but does not include –
(a) animal food produced for supply to –
(i) caged birds, other than poultry; or
(ii) aquarium fish; or
(b) animal food produced for supply to non-ruminant laboratory animals; or
(c) pet food for supply to non-ruminant pets; or
(d) tallow; or
(e) gelatin; or
(f) any milk, milk product, or by-product of milk processing, that is of Australian provenance or that has been lawfully imported into Australia for use as animal food; or
(g) any other material or class of material declared by the Chief Veterinary Officer not to be restricted animal material by notice published in the Gazette;
ruminant means a herbivorous, mammalian animal that can acquire nutrients from plant-based food by fermenting it in a specialised stomach prior to digestion, and includes farmed stock animals such as cattle, goats, sheep and deer;
ruminant food means any animal food that is intended for feeding to, or consumption by, a ruminant;
salmonid means fish of the following species, in part or whole, and whether dead or alive:
(a) Atlantic salmon (Salmo salar);
(b) Rainbow trout (Oncorhynchus mykiss);
(c) Brook trout (Salvelinus fontinalis);
(d) Brown trout (Salmo trutta);
(e) any hybrid of the species above;
soil means the top layer of the earth, consisting of rock and mineral particulates that may be mixed with organic matter in which plants grow or are grown;
tag means a tag that measures at least 45 millimetres by 120 millimetres;
tallow means a product (including, but not limited to, a product known as tallow, yellow grease or acid oil) that contains –
(a) fats and oils from an animal that have been rendered in accordance with the Rendering Standard; or
(b) used cooking oil that is –
(i) filtered or otherwise treated to remove visible particulate matter; and
(ii) contains a combination of insoluble impurities and moisture that does not exceed 2% of the volume of the product;
unknown disease means an animal disease or a plant disease that is not known or identified;
unknown pest means a species or subspecies of invasive pest that is not known or identified.
(2) For the purpose of paragraph (b) of the definition of stock animal in the Act, the following animals are prescribed if the animals are kept or managed by a person, regardless of whether the animal is kept or managed for a commercial or non-commercial purpose:
(a) any bovid, camelid, equine animal, porcine animal or poultry;
(b) animals kept or managed in connection with animal racing, animal shows, rodeos, circuses and other similar events;
(c) animals kept or managed in a zoo, wildlife park, fauna park or similar premises, for the purpose of public exhibition, public education or public entertainment on payment of a fee or otherwise;
(d) animals kept for a research or educational purpose.
4 Declaration of pests and diseases
4 Declaration of pests and diseases
(1) The Minister may, by notice published in the Gazette, declare for the purposes of these regulations any –
(a) pest that is not prohibited matter; or
(b) animal disease or plant disease that is not prohibited matter –
to be a declared pest or declared disease, if the Minister is satisfied on reasonable grounds that –
(c) the pest or disease poses a biosecurity risk to Tasmania; and
(d) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the pest or disease.
(2) A declaration under this regulation may be made subject to such conditions, requirements or restrictions as the Minister considers reasonable in the circumstances.
(3) At least 28 days before making a declaration under this regulation, the Minister must –
(a) publish a notice of the proposed declaration in the Gazette; and
(b) specify, in the notice, a period of not less than 28 days from the publication of the notice during which the Minister will accept comments and submissions on the proposed declaration.
(4) Before making a declaration under subregulation (1) , the Minister is to take into account –
(a) any comments and submissions received under subregulation (3) ; and
(b) any advice of the Chief Plant Protection Officer and Chief Veterinary Officer in respect of the proposed declaration.
(5) A declaration under subregulation (1) takes effect –
(a) on the day on which notice of the declaration is published in the Gazette; or
(b) at such later date as is specified in that notice.
(6) A declaration under subregulation (1) , notice of which is published under this regulation, ceases to have effect –
(a) on the date specified in the notice; or
(b) on the expiry of the period specified in the notice; or
(c) if no such date or period is specified in the notice, on the revocation of the declaration.
(7) In any Act or any instrument made or administered under an Act, a reference to a declared weed is, unless the contrary intention appears, to be taken as a reference to a weed that is a declared pest under this regulation.
(8) For the removal of doubt, a declared pest or declared disease may include –
(a) an invasive pest, or a disease, that is not known to be established in Tasmania; and
(b) a pest or disease that is known to be established in Tasmania or a part of Tasmania.
Part 2 Prohibited Dealings
Part 2 Prohibited Dealings
Division 1 Prohibited imports
Division 1 Prohibited imports
5 Importing suspected carrier of prohibited matter
5 Importing suspected carrier of prohibited matter
The import of –
(a) any animal fitting; or
(b) any horticultural material; or
(c) any other thing –
that may reasonably be suspected of being a carrier of prohibited matter is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
6 Importing pest or disease
6 Importing pest or disease
The import of –
(a) a declared pest; or
(b) a declared disease; or
(c) an unknown pest; or
(d) an unknown disease; or
(e) any thing that may reasonably be suspected of being a carrier of any biosecurity matter referred to in paragraph (a) , (b) , (c) or (d) –
is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
Division 2 Prohibited dealings with animals
Division 2 Prohibited dealings with animals
7 Feeding offal to dogs
7 Feeding offal to dogs
(1) Feeding offal to a dog is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.
(2) Subregulation (1) does not apply if the offal is contained in pet food and the pet food, or the offal component of the pet food –
(a) is commercially sterile; or
(b) has been treated by the application of a process approved by the Chief Veterinary Officer.
(3) A certificate issued by –
(a) the Chief Veterinary Officer; or
(b) a biosecurity certifier authorised to issue biosecurity certificates for the purposes of this regulation –
certifying that any batch, consignment, lot or quantity of pet food complied with subregulation (2) on the date specified in the certificate, is evidence of that fact.
8 Feeding prohibited pig feed to pigs
8 Feeding prohibited pig feed to pigs
(1) Feeding prohibited pig feed to a pig is prescribed to be a prohibited dealing for the purposes of [section 17(2)](/
This is an opening excerpt, not the complete document.