Biosecurity Act 2014

An Act to provide for a comprehensive biosecurity framework to manage the impacts of animal and plant diseases and pests in a timely and effective way and ensure the safety and quality of animal feed, fertilisers and other agricultural inputs

Long title amd 2014 No. 7 s 578 sch 4 pt 1

1Short title

This Act may be cited as the Biosecurity Act 2014.

2Commencement

(1)This Act commences on a day to be fixed by proclamation.

(2)However, if no day has been fixed by 1 July 2016, the Act commences on that day.

(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

3Simplified outline of main provisions of Act

(1)Chapter 1 describes the purposes and scope of the Act and defines key concepts.

(2)Chapter 2 imposes—

(a)a general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and

(b)other obligations in relation to biosecurity matter that is prohibited or restricted matter; and

(c)obligations on persons to notify an inspector about particular incidents.

(3)Chapter 3 establishes the functions and obligations of local governments and continues the Land Protection Fund.

(4)Chapter 4 deals with invasive animal boards and barrier fencing.

(5)Chapter 5 provides for codes of practice and guidelines to be made under this Act.

(6)Chapter 6 establishes procedures for dealing with biosecurity emergencies and risks.

(7)Chapter 7 provides for the registration of entities and places and a system for the identification and tracking of particular animals.

(8)Chapter 8 creates a permit process to allow particular dealings with biosecurity matter that is prohibited or restricted matter.

(9)Chapter 9 provides for the making of programs for the surveillance, and prevention and control, of biosecurity risks.

(10)Chapter 10 provides for persons appointed to perform functions under the Act to exercise powers and enter places, seize things and obtain information.

(11)Chapter 11—

(a)establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and

(b)deals with the effect of industry compensation schemes on statutory compensation.

(12)Chapter 12 deals with evidence, legal proceedings and the review of decisions made under the Act.

(13)Chapter 13 provides for the giving of biosecurity orders to persons to deal with biosecurity risks.

(14)Chapter 14 empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act.

(15)Chapter 15 provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act.

(16)Chapter 16 establishes auditing processes for accreditations given, and agreements made, under this Act.

(17)Chapter 17 provides for the amendment, suspension and cancellation of particular authorities granted under this Act.

(18)Chapter 18 deals with miscellaneous matters for the administration of this Act.

(19)Chapter 19 repeals particular Acts and provides for savings and transitional matters.

4Purposes of Act

(1)The main purposes of this Act are as follows—

(a)to provide a framework for an effective biosecurity system for Queensland that—

(i)helps to minimise biosecurity risks; and

(ii)facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;

(b)to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs;

(c)to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.

(2)It is also a purpose of this Act to manage risks associated with the following—

(a)emerging, endemic and exotic pests and diseases that impact on—

(i)plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or

(ii)the built environment; or

(iii)companion or leisure animals; or

(iv)biodiversity and the natural environment; or

(v)tourism, lifestyle and pleasure industries; or

(vi)infrastructure and service industries, including power, communication, shipping and water supplies;

(b)the transfer of diseases from animals to humans and from humans to animals;

(c)biological, chemical and physical contaminants in carriers.

(3)In this section—

built environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.

5How purposes are primarily achieved

The purposes of this Act are to be achieved primarily by—

(a)imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration); and

(b)regulating activities involving biosecurity matter or carriers; and

(c)including in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and

(d)providing for flexible and timely ways of minimising and mitigating biosecurity risks; and

(e)providing for monitoring and enforcement of compliance with this Act; and

(f)providing for codes of practice relating to a person’s obligations under this Act; and

(g)providing for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and

(h)providing for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks.

6Scope of Act generally

This Act includes within its scope—

(a)acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and

(b)any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.

7Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

8General application of Act to ships

(1)This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters).

(2)This Act applies to—

(a)a ship in Queensland waters; and

(b)to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001—a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.

(3)This Act does not apply to—

(a)a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or

(b)a ship of the Australian Defence Force or of a defence force of another country.

9Relationship with particular Acts

(1)This Act is in addition to, and does not limit, any other Act.

(2)If this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency—

(a)Biological Control Act 1987;

(b)Food Act 2006;

(c)Food Production (Safety) Act 2000;

(d)the Gene Technology Act 2000 (Cwlth), as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016;

(e)Public Health Act 2005.

(3)Subject to subsection (4), this Act does not affect the application of a relevant Act.

(4)A person who does an act authorised under chapter 6, part 1 or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10, part 3 is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps.

(5)The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, chapter 2 does not apply in relation to a barrier fence.

(6)In this section—

relevant Act means any of the following—

(a)Fisheries Act 1994;

(b)Forestry Act 1959;

(c)Marine Parks Act 2004;

(d)Nature Conservation Act 1992;

(e)Planning Act 2016;

(f)Vegetation Management Act 1999.

s 9 amd 2016 No. 54 s 54 sch 1; 2016 No. 27 s 30

10Contravention of this Act does not create civil cause of action

No provision of this Act creates a civil cause of action based on a contravention of the provision.

11Act does not affect other rights or remedies

(1)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

12Community involvement in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

13Definitions

The dictionary in schedule 4 defines particular words used in this Act.

s 13 amd 2014 No. 7 s 578 sch 4 pt 1

14What is a biosecurity event

A biosecurity event is an event comprising something that—

(a)has happened, is happening or may happen; and

(b)has had, is having or may have a significant adverse effect on a biosecurity consideration; and

(c)was or is being caused by, or may be or may have been caused by, biosecurity matter.

Examples—

1A horse has died and it has been confirmed that the death was caused by the Hendra virus infection. This may have a significant adverse effect on human health.

2There has been a suspected outbreak of foot and mouth disease in another State that may spread to the State and may have a significant adverse effect on the economy.

15What is biosecurity matter

(1)Biosecurity matter is—

(a)a living thing, other than a human or part of a human; or

(b)a pathogenic agent that can cause disease in—

(i)a living thing, other than a human; or

(ii)a human, by the transmission of the pathogenic agent from an animal to the human; or

(c)a disease; or

(d)a contaminant.

(2)If biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle.

Examples of stages of the life cycle for particular biosecurity matter—

egg, larva, pupa, adult

(3)If schedule 1 or 2, a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name.

16What is a biosecurity risk

A biosecurity risk is a risk of any adverse effect on a biosecurity consideration caused by, or likely to be caused by—

(a)biosecurity matter; or

(b)dealing with biosecurity matter or a carrier; or

(c)carrying out an activity relating to biosecurity matter or a carrier.

17What is a carrier

(1)A carrier is any animal or plant, or part of any animal or plant, or any other thing—

(a)capable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or

(b)containing biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing.

(2)In this section—

thing—

(a)means a thing, whether alive, dead or inanimate; and

(b)includes a human.

18What is a contaminant

(1)A contaminant is anything that may be harmful to animal or plant health or pose a risk of any adverse effect on a biosecurity consideration.

(2)The presence of a contaminant in a carrier may be harmful to any animal or plant, or part of an animal or plant, that the carrier attaches to or enters.

(3)The presence of a contaminant in a carrier may be caused by—

(a)manufacturing, packaging, packing, preparing, processing, producing, storing, treating or transporting the carrier; or

(b)environmental contamination of the carrier.

Examples of a contaminant—

•pathogenic bacteria in irrigation water

•environmental contaminants, including dioxins and residual organochlorine pesticides and nanoparticles

•heavy metals in fertilisers and animal feed

•waste from industrial and mining activities, including waste containing asbestos, heavy metals or radioactive material

•weed seeds

19What is prohibited matter

Prohibited matter is biosecurity matter that, for the time being, is established as prohibited matter under chapter 2.

20Prohibited matter criteria

Biosecurity matter satisfies the prohibited matter criteria if—

(a)the biosecurity matter is not currently present or known to be present in the State; and

(b)there are reasonable grounds to believe that if it did enter the State or part of the State the biosecurity matter may have a significant adverse effect on a biosecurity consideration.

Example of significant adverse effect on a biosecurity consideration—

The entry of particular biosecurity matter into the State may have a significant adverse effect on the economy if, for the purposes of trade in or market access for a product, there were to be imposed a requirement to prove that the product is free from the biosecurity matter.

21What is restricted matter

(1)Restricted matter is biosecurity matter that, for the time being, is established as restricted matter under chapter 2.

(2)Restricted matter has the category number or numbers assigned to it in schedule 2 or in the restricted matter regulation that, under chapter 2, provides for its establishment as restricted matter.

(3)A reference in this Act to restricted matter of a particular category number is a reference to restricted matter that is assigned that category number in schedule 2 or the restricted matter regulation.

22Restricted matter criteria

Biosecurity matter satisfies the restricted matter criteria if—

(a)the biosecurity matter is currently present in the State; and

(b)there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the biosecurity matter to reduce, control or contain it, it may have an adverse effect on a biosecurity consideration.

23What is a general biosecurity obligation

(1)This section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk.

(2)The person has an obligation (a general biosecurity obligation) to take all reasonable and practical measures to prevent or minimise the biosecurity risk.

(3)Also, the person has an obligation (also a general biosecurity obligation)—

(a)to prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and

(b)to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and

(c)not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration.

Examples of things that may exacerbate the adverse effects, or potential adverse effects, of biosecurity matter, a carrier or an activity—

•failing to isolate an infected animal from a herd

•failing to wash footwear before leaving a property on which anthrax is present

•inappropriately disposing of leaf litter containing a plant virus or disease

•failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops

•failing to manage the impact of invasive plants and animals on a person’s land

24General biosecurity obligation offence provision

(1)A person on whom a general biosecurity obligation is imposed must discharge the obligation.

Maximum penalty—

(a)if the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or

(b)if the offence is not an aggravated offence—

(i)for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or

(ii)for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or

(iii)otherwise—500 penalty units.

(2)If the offence is not an aggravated offence, it is a defence for the person to show that the person had a reasonable excuse for failing to discharge the obligation.

25Effect of regulation for discharge of general biosecurity obligation             

(1)This section applies if a provision of a regulation (regulation provision) is identified in the regulation as a provision that prescribes a way of discharging a person’s general biosecurity obligation.

(2)Unless otherwise stated in the regulation, the regulation provision does not prescribe all that a person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation.

(3)However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes the regulation provision.

26Effect of code of practice for discharge of general biosecurity obligation          

(1)This section applies if a code of practice states a way of discharging a person’s general biosecurity obligation.

(2)Unless otherwise stated in the code of practice, the code of practice does not state all that a person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation.

(3)However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person—

(a)contravenes, or otherwise acts inconsistently with, the code of practice; and

(b)does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation.

(4)Also, for applying the general biosecurity obligation offence provision, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person’s biosecurity obligation, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, the code of practice or stated part.

27Aggravated offences—significant damage to health and safety of people or to the economy or environment

(1)An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the economy or the environment.

(2)To prove an aggravated offence, the prosecution must prove that the person who committed the offence—

(a)intended the person’s conduct to cause significant damage to the health and safety of people or to the economy or the environment; or

(b)was reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment.

28Defence of due diligence

(1)In a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.

(2)Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that—

(a)the conduct alleged to constitute the offence was due to—

(i)an act or default of another person; or

(ii)reliance on information supplied by another person; and

(b)the person made all reasonable enquiries about—

(i)whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and

(ii)any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and

(c)any of the following applied—

(i)the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;

(ii)if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person;

Example—

checks carried out by a veterinary surgeon

(iii)it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and

(d)the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.

(3)Also, without limiting the ways in which a person proves the matter stated in subsection (1) or (2)(c)(i), a person proves the matter if the person proves that—

(a)if a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or

(b)if a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.

(4)This section is not intended to exclude the operation of the Criminal Code, section 24.

(5)In subsection (2)(a) and (c)—

another person does not include a following person—

(a)an employee or agent of the defendant;

(b)in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.

29Basic prohibited matter declaration provision

(1)Biosecurity matter mentioned in schedule 1 is prohibited matter.

(2)However, the operation of subsection (1) may be affected by a prohibited matter regulation or an emergency prohibited matter declaration.

30Prohibited matter regulation

(1)A regulation (a prohibited matter regulation) may—

(a)declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or

(b)declare that particular biosecurity matter mentioned in schedule 1, or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter.

(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that—

(a)the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20; and

(b)prompt action is required to declare the biosecurity matter to be prohibited matter.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that—

(a)1 or more of the following applies—

(i)the biosecurity matter is no longer contained and can not be eradicated;

(ii)the biosecurity matter has spread and is in a large area of the State;

(iii)the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;

(iv)for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and

(b)prompt action is required to declare the biosecurity matter not to be prohibited matter.

(4)A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter.

31Chief executive may make emergency prohibited matter declaration          

(1)The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration)—

(a)declare any of the following to be prohibited matter—

(i)biosecurity matter not mentioned in schedule 1;

(ii)biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or

Note—

Subsection (1)(a)(ii) allows biosecurity matter that is included in schedule 1, but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.

(b)declare that particular biosecurity matter mentioned in schedule 1, or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter.

(2)The chief executive may make an emergency prohibited matter declaration under subsection (1)(a) only if the chief executive is satisfied that—

(a)the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20; and

(b)urgent action is required to declare the biosecurity matter to be prohibited matter.

(3)The chief executive may make an emergency prohibited matter declaration under subsection (1)(b) only if the chief executive is satisfied that—

(a)1 or more of the following applies—

(i)the biosecurity matter is no longer contained and can not be eradicated;

(ii)the biosecurity matter has spread and is in a large area of the State;

(iii)the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;

(iv)for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and

(b)urgent action is required to declare the biosecurity matter not to be prohibited matter.

(4)The chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made.

(5)As soon as practicable after making an emergency prohibited matter declaration, the chief executive must—

(a)publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails and text messages;

(iii)automated telephoning.

(6)An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5).

32Matters for inclusion in emergency prohibited matter declaration

An emergency prohibited matter declaration must include provisions that state—

(a)a description of the biosecurity matter the subject of the declaration; and

(b)when the declaration starts; and

(c)when the declaration expires if it is not sooner revoked.

33Effect and duration of emergency prohibited matter declaration

(1)An emergency prohibited matter declaration has effect from when it is made.

(2)Unless it is sooner revoked, an emergency prohibited matter declaration stays in force until the earlier of the following to happen—

(a)3 months elapse after the making of the emergency prohibited matter declaration;

(b)a prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration.

34Requirement for both prohibited matter regulation and emergency prohibited matter declaration to classify new prohibited matter

A prohibited matter regulation or emergency prohibited matter declaration that declares biosecurity matter to be prohibited matter must also declare in which part of schedule 1 the prohibited matter may be taken to be included.

35Up-to-date listing of all prohibited matter to be available on the department’s website

The Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being prohibited matter.

36Reporting presence of prohibited matter

(1)This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter—

(a)at a place of which the person is an occupier; or

(b)in the person’s possession or under the person’s control; or

(c)in or on a carrier at a place of which the person is an occupier; or

(d)in or on a carrier in the person’s possession or under the person’s control.

(2)If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(3)However, the person is not required to advise an inspector under subsection (2) if—

(a)the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or

(b)the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.

(4)Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person.

Example—

A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made.

(5)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter.

Maximum penalty—1,500 penalty units or 1 year’s imprisonment.

37Dealing with prohibited matter

(1)A person must not deal with prohibited matter.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(2)A person does not commit an offence against subsection (1) only because the person advises an inspector under this part about the discovery of prohibited matter.

(3)Subsection (1) does not apply to a dealing with prohibited matter—

(a)that is—

(i)authorised under a prohibited matter permit; or

(ii)authorised under a biosecurity emergency order or biosecurity emergency order permit; or

(iii)for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or

(iv)authorised under another Act or a law of the Commonwealth; or

(b)for which the person has a reasonable excuse.

38Basic restricted matter declaration provision

(1)Biosecurity matter mentioned in schedule 2 is restricted matter.

(2)However, the operation of subsection (1) may be affected by—

(a)a restricted matter regulation; or

(b)a prohibited matter regulation, but only in the way mentioned in part 2, division 1.

39Restricted matter regulation

(1)A regulation (a restricted matter regulation) may—

(a)declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or

(b)declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.

(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that—

(a)the biosecurity matter may pose a biosecurity risk; and

(b)the biosecurity matter satisfies the restricted matter criteria as provided for in section 22; and

(c)prompt action is required to declare the biosecurity matter to be restricted matter.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that—

(a)it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and

(b)prompt action is required to declare the biosecurity matter not to be restricted matter.

40Requirement for restricted matter regulation to classify new restricted matter

A restricted matter regulation that declares biosecurity matter to be restricted matter—

(a)must also declare in which particular provisions of schedule 2 the restricted matter may be taken to be included; and

(b)must assign a category number or category numbers to the restricted matter.

41Up-to-date listing of all restricted matter to be available on the department’s website 

The Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being restricted matter.

42Reporting presence of category 1 or 2 restricted matter

(1)This section applies to a person if the person becomes aware of the presence of biosecurity matter that is relevant restricted matter, or that the person believes or ought reasonably to believe is relevant restricted matter—

(a)at a place of which the person is an occupier; or

(b)in the person’s possession or under the person’s control; or

(c)in or on a carrier at a place of which the person is an occupier; or

(d)in or on a carrier in the person’s possession or under the person’s control.

(2)If the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1).

Maximum penalty—

(a)for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or

(b)for a breach in relation to category 2 restricted matter—200 penalty units.

(3)However, the person is not required to advise an appropriate authorised officer under subsection (2) if—

(a)the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted matter permit; or

(b)the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.

(4)Also, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person.

Example—

A person would not be required to advise an appropriate authorised officer of the presence of relevant restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made.

(5)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the restricted matter.

Maximum penalty—750 penalty units.

(6)In this section—

appropriate authorised officer means—

(a)if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or

(b)if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.

relevant restricted matter means category 1 or category 2 restricted matter.

s 42 amd 2015 No. 15 s 42

43Distributing or disposing of category 3 restricted matter

(1)A person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is—

(a)performed in the way prescribed under a regulation; or

(b)authorised under a restricted matter permit; or

(c)performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or

(d)for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or

(e)for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or

(f)for a purpose prescribed by regulation.

Maximum penalty—500 penalty units.

(2)A person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is—

(a)performed in the way prescribed under a regulation; or

(b)authorised under a restricted matter permit; or

(c)performed by an authorised officer in the performance of the authorised officer’s functions under this Act.

Maximum penalty—500 penalty units.

(3)In this section—

distribute, restricted matter or a thing, includes the following—

(a)giving the restricted matter or thing to another person;

(b)selling or trading in the restricted matter or thing;

(c)releasing the restricted matter or thing into the environment.

s 43 amd 2015 No. 15 s 43

44Requirement to kill and dispose of category 7 restricted matter

(1)A person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter.

Maximum penalty—500 penalty units.

Note—

A guideline could apply under chapter 5 about ways to humanely kill noxious fish.

(2)A person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation.

Maximum penalty—500 penalty units.

(3)Subsection (2) applies whether or not the person killed the category 7 restricted matter.

(4)However, a person does not commit an offence against subsection (1) or (2) if—

(a)the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or

(b)the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.

45Offences about other categories of restricted matter

(1)A person must not do any of the following—

(a)move, or cause or allow to be moved, category 4 restricted matter;

(b)keep in the person’s possession or under the person’s control category 5 restricted matter;

(c)give food to category 6 restricted matter.

Maximum penalty—500 penalty units.

(2)A person does not commit an offence against subsection (1) if the person’s action is authorised under—

(a)a restricted matter permit; or

(b)another Act or a law of the Commonwealth.

(3)A person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10 as evidence of the commission of an offence.

(4)A person does not commit an offence against subsection (1)(a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.

(5)A person does not commit an offence against subsection (1)(b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.

(6)A person does not commit an offence against subsection (1)(c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.

(7)In this section—

relevant entity means any 1 of the following—

(a)the Board of the Queensland Museum established under the Queensland Museum Act 1970;

(b)the department that includes the entity known as the Queensland Herbarium;

(c)another government entity with expertise in the identification of the restricted matter to be moved or kept.

45AWhat is prohibited feed for pigs and poultry

(1)Prohibited feed for pigs and poultry is material that—

(a)contains or may contain—

(i)a carcass of a mammal or of a bird; or

(ii)material derived from a mammal or bird; or

Examples—

•blood, bone, egg, faeces, meat, tissue

•food or food scraps that contain or may contain meat

(b)has been or may have been in contact with—

(i)a carcass of a mammal or of a bird; or

(ii)material derived from a mammal or bird.

Example for subsection (1)—

food or food scraps, from a restaurant, a hotel or domestic premises, that may have been in contact with meat

(2)However, prohibited feed for pigs and poultry does not include—

(a)material prescribed by regulation; or

Examples of material that may be prescribed—

•a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil)

•material that has undergone a stated process

•material from a stated source, origin, location or environment

•material fed in a stated way or under stated circumstances or conditions

(b)material rendered in accordance with AS 5008.

Examples of rendered material—

blood meal, meat meal, meat and bone meal

s 45A ins 2016 No. 28 s 31

45BWhat is restricted animal material

(1)Restricted animal material is material that—

(a)contains or may contain—

(i)a carcass of an animal that is a vertebrate; or

(ii)material derived from an animal that is a vertebrate; or

Examples—

blood, bone, egg, faeces, meal, meat, tissue

(b)has been or may have been in contact with—

(i)a carcass of an animal that is a vertebrate; or

(ii)material derived from an animal that is a vertebrate.

(2)However, restricted animal material does not include material prescribed by regulation.

Examples of material that may be prescribed—

•a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product, used cooking oil or mineralised seabird guano)

•material that has undergone a stated process

•material from a stated source, origin, location or environment

•material fed in a stated way or under stated circumstances or conditions

s 45B ins 2016 No. 28 s 31

46Prohibitions on feeding or supplying restricted animal material

(1)A person must not feed restricted animal material to a ruminant.

Maximum penalty—400 penalty units.

(2)A person who deals with a ruminant must take all reasonable steps to ensure the ruminant does not feed on restricted animal material.

Maximum penalty—400 penalty units.

(3)A person (the relevant person) must not supply restricted animal material to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a ruminant.

Maximum penalty—400 penalty units.

(4)A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if—

(a)the person has a reasonable excuse; or

(b)both of the following apply—

(i)a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);

(ii)the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.

(5)A person who feeds restricted animal material to a ruminant does not commit an offence against subsection (1), (2) or (3) if—

(a)the person—

(i)is, under section 46B, permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and

(ii)feeds the material to the ruminant in the way permitted by the chief executive; or

(b)the feeding is authorised under another Act or a law of the Commonwealth.

Note—

For the effect of a biosecurity emergency order, see section 115.

s 46 sub 2015 No. 15 s 44

amd 2016 No. 28 s 32

46AProhibitions on feeding or supplying prohibited feed for pigs and poultry

(1)A person must not feed prohibited feed for pigs and poultry to a pig or poultry.

Maximum penalty—400 penalty units.

(2)A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry.

Maximum penalty—400 penalty units.

(3)A person (the relevant person) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry.

Maximum penalty—400 penalty units.

(4)A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if—

(a)the person has a reasonable excuse; or

(b)both of the following apply—

(i)a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);

(ii)the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.

(5)A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1), (2) or (3) if—

(a)the person—

(i)is, under section 46B, permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and

(ii)feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or

(b)the feeding is authorised under another Act or a law of the Commonwealth.

Note—

For the effect of a biosecurity emergency order, see section 115.

(6)A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control does not commit an offence against subsection (1), (2) or (3) if—

(a)all of the following apply—

(i)the feeding is done by or carried out under the written direction of a veterinary surgeon;

(ii)the material is derived from a pig;

(iii)the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or

(b)the person uses the material—

(i)in a poisoned bait for killing a feral pig; or

(ii)as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.

s 46A ins 2015 No. 15 s 44

amd 2016 No. 28 s 33

46BPermission to feed restricted animal material or prohibited feed for pigs and poultry to particular animals

(1)This section empowers the chief executive to permit feeding of particular animals for section 46(5)(a)(i) or 46A(5)(a)(i).

(2)The chief executive may, in writing, permit a person to feed—

(a)restricted animal material to a ruminant lawfully used for a scientific purpose; or

(b)prohibited feed for pigs and poultry to a pig or poultry lawfully used for a scientific purpose.

(3)The chief executive may permit the feeding if the chief executive is satisfied on reasonable grounds the research or other use for a scientific purpose will be conducted under controls that ensure—

(a)any risks posed by the research or other use for a scientific purpose can be managed in a way that protects the health and safety of people and animals; and

(b)the person will know the location of, and have control of, the ruminant, pig or poultry at all times the research is being conducted.

s 46B prev s 46B ins 2015 No. 15 s 44

om 2016 No. 28 s 34

pres s 46B (prev s 46C) ins 2015 No. 15 s 44

amd 2016 No. 28 s 35(1)–(4)

renum 2016 No. 28 s 35(5)

47Notifiable incidents

(1)This section applies to a person if—

(a)the person becomes aware that an incident has happened; and

(b)the person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and

(c)the person has no grounds to believe that an inspector has already been made aware of the happening of the incident.

(2)The person must, unless the person has a reasonable excuse—

(a)advise an inspector of the incident in accordance with the requirements stated in this section; and

(b)otherwise comply with the requirements of this section in relation to the incident.

Maximum penalty—1,000 penalty units.

(3)If practicable, the advice must be given to an inspector having administrative responsibility in the area where the incident happened.

(4)The advice must—

(a)be given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and

(b)state enough particulars to identify the incident, its nature and its location.

(5)The advice must be accompanied, or be followed as soon as practicable, by any documents that reasonably relate to the incident, including, for example, an analyst’s report of analysis showing the results of testing.

(6)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by any biosecurity matter or carrier the subject of the incident.

Example—

The person must as far as practicable keep an infected animal, carcass or animal product separate from animals, carcasses or animal products that are not infected.

(7)In this section—

incident includes event.

notifiable incident means—

(a)a biosecurity event; or

(b)without limiting paragraph (a), the happening of any of the following—

(i)the appearance of blisters on the mouths or feet of designated animals;

(ii)an abnormally high mortality rate or morbidity rate in plants or in designated animals;

(iii)a sudden and unexplained fall in production relating to plants or designated animals;

(iv)the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier;

(v)the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.

48Main function of local government

(1)The main function under this Act of each local government is to ensure that the following biosecurity matter (invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act—

(a)prohibited matter mentioned in schedule 1, parts 3 and 4;

(b)prohibited matter taken to be included in schedule 1, parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration;

(c)restricted matter mentioned in schedule 2, part 2;

(d)restricted matter taken to be included in schedule 2, part 2 under a restricted matter regulation.

(2)However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area.

(3)Without limiting the Local Government Act, section 28(1) or the City of Brisbane Act, section 29, a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area.

49When State and local government act in partnership

The chief executive and the chief executive officer of a local government may agree that the State and local government act in a coordinated way to respond to a biosecurity event in the local government’s area associated with its area’s invasive biosecurity matter.

Example—

The chief executive makes a biosecurity emergency order in response to a biosecurity event and the biosecurity emergency area for the biosecurity emergency order is in a local government’s area. The biosecurity matter associated with the biosecurity event is prohibited matter that is invasive biosecurity matter for the local government’s area. The role of a local government in managing the prohibited matter may consist only of providing authorised persons appointed by the local government to respond to the biosecurity event.

Note—

The State and a local government may enter into a government and industry agreement to respond to a biosecurity event.

50Minister may direct local government to perform function or obligation          

(1)This section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act.

Example of a local government not performing its functions or obligations—

a local government not taking reasonable steps to manage invasive biosecurity matter for its local government area

(2)The Minister may, by notice (local government compliance notice) given to the local government, direct it to perform the function or obligation.

(3)However, before giving the local government compliance notice, the Minister must consult with the local government and consider the local government’s views about the performance of the function or obligation.

(4)The notice must state the following—

(a)the function or obligation the Minister believes the local government is not performing;

(b)what action the Minister requires the local government to take to perform the function or obligation;

(c)the day by which the stated action must be taken.

(5)The local government must comply with the notice.

51Chief executive may act to perform local government’s functions

(1)This section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice.

(2)This section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice.

(3)The chief executive may by gazette notice—

(a)state any function or obligation mentioned in the notice that the local government has not complied with; and

(b)declare that, for a stated period, the function or obligation is given to the chief executive; and

(c)state that the chief executive proposes to perform the function or obligation; and

(d)state what action the chief executive proposes to take to perform the function or obligation.

(4)The chief executive may perform the function or obligation, and take the stated action.

(5)The chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action.

(6)The costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State.

52Minister may ask for particular information from local government               

(1)The Minister may, by notice given to a local government, ask the local government to give the Minister a written report about any function performed or power exercised, or required to be performed or exercised, by the local government under this Act.

Example—

a report on the outcomes of consultation for developing or amending a biosecurity plan

(2)The local government must comply with the request.

53Local governments to have biosecurity plan

(1)A local government must have a biosecurity plan for invasive biosecurity matter for its local government area.

(2)The plan may include provision for each of the following—

(a)achievable objectives under the plan;

(b)strategies, activities and responsibilities for achieving the objectives;

(c)strategies to inform the local community about the content of the plan and achievement of its objectives;

(d)monitoring implementation of the plan and evaluating its effectiveness;

(e)other matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.

54Plan to be available for inspection

(1)Each local government must keep a copy of its biosecurity plan available for inspection, free of charge, by members of the public at the local government’s public office.

(2)The plan may be made available in written or electronic form.

55Local governments acting concurrently for biosecurity plan

(1)This part, in requiring each local government to have a biosecurity plan, does not stop 2 or more local governments from acting concurrently to propose and adopt the same biosecurity plan for each of the local governments or to subsequently amend the plan.

(2)Each local government whose biosecurity plan is identical with the biosecurity plan of another local government must implement the plan in its own local government area to the extent the plan relates to that area.

56Continuation of Land Protection Fund

The Land Protection Fund (the fund) established under the Stock Route Management Act 2002 is continued in existence.

57Purpose and administration of fund

(1)The purpose of the fund is to record amounts received for, and paid from, the fund to provide for activities that help local governments manage invasive animals and invasive plants.

(2)Activities that help a local government manage invasive animals and invasive plants include, for example, the following—

(a)research about managing invasive animals or invasive plants in the local government’s area;

(b)educational or training programs about invasive animals or invasive plants in the local government’s area;

(c)the maintenance by an invasive animal board of any part of the barrier fence included in, or that benefits, the local government’s area;

(d)taking action under a biosecurity program for invasive animals or invasive plants in the local government’s area.

Example for paragraph (d)—

aerial spraying of plagues of locusts under a prevention and control program

(3)Accounts for the fund must be kept as part of the departmental accounts of the department.

(4)However, amounts received for the fund may be deposited in a departmental financial institution account of the department with other moneys of the department.

(5)Amounts received for the fund include the following—

(a)amounts made available by the chief executive for the fund;

(b)amounts given to the chief executive by another entity for this Act;

(c)the proceeds of the sale or hire of any buildings, equipment or machinery acquired by the Minister or chief executive in relation to a matter under this chapter or chapter 4;

(d)the amount of any costs incurred and recovered by the chief executive in relation to a matter under chapter 4;

(e)the amount of any payment required by the Minister under section 60;

(f)other amounts received under this Act and prescribed under a regulation.

(6)In this section—

departmental accounts, of the department, means the accounts of the department established under the Financial Accountability Act 2009, section 69(1).

departmental financial institution accounts, of the department, means the accounts of the department established under the Financial Accountability Act 2009, section 83(1).

other moneys, of the department, means all moneys of the department other than amounts received for the fund.

58Payments from fund

Amounts are payable from the fund for paying only the following—

(a)expenses incurred by the chief executive;

(b)amounts necessary for the operations of an invasive animal board;

(c)an amount authorised by the chief executive under this Act as payable from the fund;

(d)other amounts required or permitted by this Act to be paid out of the fund.

59Consultation with local government about activities

Before paying an amount from the fund for services to be provided by the chief executive for activities that help a local government to manage invasive animals and invasive plants, the chief executive must consult with the local government and consider the local government’s views about the suitability and priority of the activities.

60Minister may require local government to make annual payment 

(1)The Minister may, by notice, require a local government to pay an amount for a financial year to the chief executive for services provided or to be provided by the chief executive or an invasive animal board for activities that help the local government manage invasive animals and invasive plants in the local government’s area.

(2)The amount must not be more than the maximum amount prescribed under a regulation for the local government.

(3)In recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive or an invasive animal board in the local government’s area, including, for example—

(a)any of the following services—

(i)research about prevention and control techniques for invasive animals and invasive plants;

(ii)public education;

(iii)planning and mapping services;

(iv)training and technical advice for individuals and groups;

(v)strategic and preventative control of invasive animals and invasive plants; or

(b)whether land in the area may benefit from action taken by the chief executive or an invasive animal board, including, for example, action taken under a biosecurity program, a movement control order or a biosecurity emergency order or action to keep in good order any part of the barrier fence included in, or that benefits, the local government’s area.

(4)The notice must state the period in which the amount required under the notice must be paid.

(5)The local government must pay the amount to the chief executive in the stated period.

61Minister must give local government report about activities

The Minister must give each local government required under section 60 to pay the chief executive an amount for a financial year a written report for the year on the outcomes of services provided under this Act by the chief executive for activities relevant to the local government’s area.

62What is an invasive animal board and what is its operational area             

(1)An invasive animal board is an entity declared under a regulation to be an invasive animal board.

(2)The regulation must—

(a)name the board; and

(b)state the invasive animal to be managed by the board; and

(c)state the part of the barrier fence for which the board is responsible; and

(d)state the number of directors of the board.

(3)The regulation may identify the area (the operational area) in which the invasive animal board will carry out activities to manage the invasive animal.

63Legal status

(1)An invasive animal board—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(2)An invasive animal board represents the State.

(3)Without limiting subsection (2), an invasive animal board has all the privileges and immunities of the State.

64Application of other Acts

(1)An invasive animal board is a statutory body under—

(a)the Financial Accountability Act 2009; and

(b)the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which an invasive animal board’s powers under this Act are affected by that Act.

65Board’s function

(1)An invasive animal board’s function is to keep the part of the barrier fence for which it is responsible (the fence part) in good order, and to ensure it is maintained as an effective barrier against, depending on its form of construction in any particular place, the invasive animal the board is to manage.

(2)Without limiting subsection (1), an invasive animal board’s function includes—

(a)regularly inspecting the fence part; and

(b)repairing the fence part; and

(c)replacing damaged sections of the fence part that can not be repaired; and

(d)clearing obstructions from on or near the fence part to ensure the fence’s integrity as a barrier.

(3)If an invasive animal board has an operational area for an invasive animal, the board also has the function of managing the animal in the operational area.

66Board’s powers

(1)An invasive animal board has the powers of an individual and may, for example, do any of the following—

(a)enter into contracts;

(b)acquire, hold, deal with and dispose of property;

(c)appoint and act through agents and attorneys;

(d)charge, and fix terms, for goods, services and information it supplies;

(e)employ staff and engage consultants;

(f)do anything else necessary or convenient to be done in performing its function.

(2)Without limiting subsection (1), an invasive animal board has the powers given to it under this Act.

67Minister may give direction to board

(1)The Minister may give an invasive animal board a written direction about the performance of the board’s function or the exercise of its powers if satisfied it is necessary to give the direction in the public interest.

(2)The board must comply with the direction.

(3)Before giving the direction, the Minister must consult with the board.

(4)The Minister must publish in the gazette a copy of the direction within 21 days after the direction is given.

68Control of board

The directors of an invasive animal board control the board.

69Role of directors

(1)The directors of an invasive animal board are responsible for the way the board performs its function and exercises its powers.

(2)Without limiting subsection (1), it is the role of the directors of an invasive animal board to ensure the board performs its function in an appropriate, effective and efficient way.

70Appointment of directors

(1)The directors of an invasive animal board are to be appointed by the Minister.

(2)A regulation may prescribe—

(a)the number of directors that must be appointed to an invasive animal board to represent a local government whose area includes the board’s part of the barrier fence; and

(b)the minimum qualifications a person must have to be appointed as a director.

Example for paragraph (b)—

A regulation may require a person to have a legal or business qualification to be appointed to a board.

71Chairperson

(1)The chairperson of the board of directors is the director chosen as chairperson by the directors.

(2)If the chief executive is not notified of a chairperson chosen by the directors within 1 month after the first meeting of the board of directors, the chairperson is the director chosen by the chief executive.

(3)The chairperson holds office until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson.

72Disqualification for directorship

A person is not qualified to be, or to continue as, a director of an invasive animal board if the person—

(a)is an insolvent under administration within the meaning of the Corporations Act, section 9; or

(b)is, or has been, convicted of—

(i)an indictable offence, whether on indictment or summarily; or

(ii)an offence against this Act.

73Term of appointment

(1)Subject to subsections (2) and (3), a director of an invasive animal board is appointed for the term, of no more than 4 years, stated in the director’s instrument of appointment.

(2)The director continues holding office after the director’s term of office ends until the director’s successor is appointed.

(3)If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director’s term of office.

s 73 amd 2016 No. 28 s 36

74Termination of appointment

The Minister may remove a person from office as a director of an invasive animal board if—

(a)the director ceases to be qualified to be a director or is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or

(b)the Minister is satisfied the director—

(i)is incapable of performing the duties of a director because of physical or mental incapacity; or

(ii)performed the director’s duties carelessly, incompetently or inefficiently; or

(iii)has committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.

75Vacation of office

The office of a director of an invasive animal board becomes vacant if the director—

(a)resigns by signed notice of resignation given to the board; or

(b)is removed from office under this part.

76Disclosure of interests

(1)This section applies to a director of an invasive animal board if—

(a)the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.

(2)As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the invasive animal board.

Maximum penalty—20 penalty units.

(3)The disclosure must be recorded in the board’s minutes.

(4)Unless the board otherwise decides, the director must not—

(a)be present when the board considers the matter; or

(b)take part in a decision of the board on the matter.

Maximum penalty—20 penalty units.

(5)The director must not be present when the board is considering its decision under subsection (4).

Maximum penalty—20 penalty units.

(6)Another director who also has a direct or indirect financial or personal interest in the matter must not—

(a)be present when the board is considering its decision under subsection (4); or

(b)take part in making the decision.

Maximum penalty—20 penalty units.

(7)In this section—

financial or personal interest, for a person nominated by an entity for appointment as a director, does not include an interest the person has in common with members of the entity represented by the person.

77Director to act in board’s interest

A director of an invasive animal board must act in the best interests of the board.

78Conduct of business

Subject to this division, an invasive animal board may conduct its business, including its meetings, in the way it considers appropriate.

79Times and places of meetings

(1)An invasive animal board must hold—

(a)its first meeting at the time and place decided by the chief executive; and

(b)at least 1 meeting a year.

(2)The chairperson of an invasive animal board—

(a)may call a board meeting at any time; and

(b)must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.

80Quorum

A quorum for an invasive animal board is the number of directors equal to one-half of the number of directors of the board plus 1 or, if the number is not a whole number, the next highest whole number.

81Presiding at meetings

(1)The chairperson of an invasive animal board must preside at all meetings at which the chairperson is present.

(2)If the chairperson is absent, the director chosen by the directors present must preside.

82Conduct of meetings

(1)A question at an invasive animal board meeting is decided by a majority of the votes of the directors of the board present and voting.

(2)Each director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.

(3)A director present at the meeting who abstains from voting is taken to have voted for the negative.

(4)An invasive animal board may allow its directors to take part in its meetings by using any technology that reasonably allows directors to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5)A director who takes part in an invasive animal board meeting under subsection (4) is taken to be present at the meeting.

(6)A resolution is validly made by an invasive animal board, even if it is not passed at a board meeting, if—

(a)a majority of the board’s directors gives written agreement to the resolution; and

(b)notice of the resolution is given under procedures approved by the board.

83Minutes

An invasive animal board must keep—

(a)minutes of its proceedings; and

(b)a record of its resolutions.

84Fees and allowances

A director of an invasive animal board is entitled to be paid the fees and allowances approved by the Minister.

85Estimate of board’s operational costs

(1)An invasive animal board must, for each financial year, prepare and give to the Minister a written estimate of its operational costs for the year.

(2)The estimate must be given to the Minister at least 2 months before the start of the financial year to which the estimate relates.

(3)The estimate must be accompanied by a written statement stating—

(a)details, including a works program, for the items to which the costs relate; and

(b)an amount for each item.

86Approval for carrying out board’s operations

(1)An invasive animal board may carry out a works program or do other things involving expenditure by it in a financial year only if the works or other things have been approved by the Minister for the financial year.

Examples of other things—

acquisition of land, machinery, equipment or materials

(2)In deciding whether to approve the works program or other things, the Minister must have regard to—

(a)the board’s function; and

(b)the expenditure involved in carrying out the works program or doing the other things.

87Delegation

An invasive animal board may delegate its function or powers to an appropriately qualified person.

88Annual report

(1)As soon as practicable after the end of each financial year, an invasive animal board must prepare and give to the Minister a written report about the board’s operation during the year.

(2)As soon as practicable after receiving the report, the Minister must table a copy of it in the Legislative Assembly.

89What is the barrier fence

(1)The barrier fence is the fence made up of the sections of fencing built along the following lines—

(a)the line shown as the ‘wild dog barrier fence’ on the barrier fence map;

(b)the lines shown as the ‘wild dog check fence’ on the barrier fence map;

(c)the line shown as the ‘rabbit fence’ on the barrier fence map.

(2)A barrier fence part is a section of fencing of the barrier fence.

90Who is the building authority for a barrier fence part

The building authority for a barrier fence part is—

(a)if a regulation states an invasive animal board is responsible for a barrier fence part—the board; or

(b)if a regulation states 1 or more local governments are responsible for a barrier fence part—the local government or local governments jointly; or

(c)otherwise—the chief executive.

91Barrier fence map and amendment of map

(1)The barrier fence is shown on the electronic map called ‘Barrier Fence Map for Queensland’ (the barrier fence map) held by the department, as amended from time to time under this section.

(2)The chief executive may amend the barrier fence map to more accurately show the location of the barrier fence or of any adjustment of the fence.

(3)Before amending the barrier fence map under subsection (2), the chief executive must consult with—

(a)the building authority, other than the chief executive, for the barrier fence part affected by the amendment; and

(b)any owner of land affected by the amendment.

(4)If the chief executive decides to amend the barrier fence map, the chief executive must create a new version of the map that includes the amendment and notify the following that the amendment has been made—

(a)the invasive animal board for the barrier fence part affected by the amendment;

(b)the local government—

(i)for the barrier fence part affected by the amendment; or

(ii)for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i);

(c)any owner of land affected by the amendment.

(5)The chief executive may, without charge, publish the barrier fence map on the department’s website or make the map available for inspection at the department’s head office during business hours.

92Building gates and grids in barrier fence

(1)This section applies if a barrier fence part—

(a)intersects the land of a person; and

(b)unreasonably hinders movement by a person or by designated animals from a part of the land to another part.

(2)The building authority for the barrier fence part must build and pay for a gate or grid in the fence to allow the movement.

93Maintaining barrier fence

For keeping a barrier fence part in good order, the building authority for the barrier fence part may—

(a)clear the fence line of vegetation or any other obstruction to a distance of no more than 20m either side of the fence; and

(b)enter onto a place to clear the fence line under paragraph (a), or to inspect the fence or repair or otherwise maintain it.

94Power to enter a place

(1)This section applies if the building authority for a barrier fence part needs to enter a place to—

(a)inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or

(b)clear the fence line.

(2)The building authority must, before entering the place—

(a)obtain the occupier’s consent to the entry; or

(b)give the occupier notice of—

(i)the intended entry; and

(ii)the purpose of the entry; and

(iii)the proposed dates and times of entry.

(3)If the building authority is satisfied it is impracticable to give the notice under subsection (2)(b), it is sufficient compliance with the subsection if the building authority—

(a)publishes the notice in a newspaper circulating generally in the area in which the place is situated; or

(b)places the notice conspicuously on the place.

(4)Notice under this section must be given at least 7 days before the intended entry.

(5)However, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.

95Agreement to make opening in barrier fence

(1)The building authority for a barrier fence part may enter into an agreement with another person about making an opening in the fence for a particular purpose and period.

Examples of purpose—

•to build a road or lay a gas pipeline through the fence

•to pass through the fence to gain access to land for mineral exploration

(2)The agreement must be subject to conditions that, as far as reasonably practicable, ensure the movement of a relevant animal from 1 side of the fence to the other is prevented while the fence is opened.

(3)In this section—

relevant animal means an animal of the type for whose movement the fence is intended to be a barrier.

96Directing restoration of barrier fence

(1)This section applies if the building authority for a barrier fence part reasonably believes a person has unlawfully damaged, or made an opening in, the fence.

(2)The building authority may, by notice given to the person, require the person, by the reasonable date stated in the notice, to restore the fence to the condition it was in before the fence was damaged or opened.

(3)The notice must be accompanied by, or include, an information notice about the building authority’s decision to make the requirement.

(4)If the person does not comply with the notice, the building authority may—

(a)carry out the restoration; and

(b)recover from the person the building authority’s reasonable costs of carrying out the restoration.

97Damaging, or making openings in, barrier fence

A person must not, without reasonable excuse—

(a)damage a barrier fence part; or

(b)make an opening in the barrier fence, other than under an agreement under section 95.

Maximum penalty—50 penalty units.

98Obstructing inspection or maintenance of barrier fence

A person must not, without reasonable excuse, build a structure, excavate land or carry out another activity near a barrier fence part if the structure, excavation or carrying out of the activity is likely to obstruct the inspection or maintenance of the fence.

Maximum penalty—50 penalty units.

99Closing gates

A person must close a gate in the barrier fence immediately after using the gate, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

100Appointment of barrier fence employees

(1)The building authority for a barrier fence part may, by instrument in writing, appoint a person employed or engaged by the authority to exercise powers under this Act in relation to the barrier fence part.

(2)However, the building authority may appoint the person only if it is satisfied the person is appropriately qualified.

(3)A person appointed under this section is a barrier fence employee.

101Powers of barrier fence employees generally

(1)A barrier fence employee has the powers given in the employee’s instrument of appointment.

(2)In exercising the powers, the barrier fence employee is subject to the directions of the building authority that appointed the employee.

(3)However, a barrier fence employee may exercise a power given to the employee in relation to a person only for—

(a)entry on the person’s land to perform work for the building authority necessary for the proper maintenance of the barrier fence part for which the authority is responsible; and

(b)properly maintaining the barrier fence part located on the person’s land; and

(c)giving the person a notice to remedy damage, for which the person is responsible, to the barrier fence part.

Note—

Chapter 10, part 5 also applies to barrier fence employees.

102Incidental entry to ask for access

For the purpose of asking the occupier of a place for consent to enter the place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority may, without the occupier’s consent—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the employee reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

103Matters employee must tell occupier

Before asking the occupier of a place for consent to enter a place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority must give a reasonable explanation to the occupier—

(a)about the purpose of the entry, including the powers intended to be exercised; and

(b)that the occupier is not required to consent; and

(c)that the consent may be given subject to conditions and may be withdrawn at any time.

104Making codes of practice

(1)A regulation may make codes of practice about matters relating to biosecurity.

(2)Without limiting subsection (1), a code of practice may be made about any of the following—

(a)ways of minimising biosecurity risks associated with—

(i)agricultural activities; or

(ii)animal husbandry activities; or

(iii)land use practices that may spread invasive animals and invasive plants; or

(iv)dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or

(v)manufacturing processes for animal feed;

Example of animal feed—

feed for ruminants

(b)managing invasive animals and invasive plants and their impacts;

(c)implementing best practice in maintaining hygiene and standards of cleanliness of plant nurseries and places where designated animals are kept to protect the plants and designated animals from the likelihood of disease and to prevent the spread of disease;

(d)ways to prevent, control and stop the spread of biosecurity matter by a carrier, including—

(i)procedures for disinfecting, cleaning and treating carriers; and

(ii)isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and

(iii)programs for disease eradication or vaccination; and

(iv)management of cattle ticks; and

(v)management of a thing that may cause or tend to cause the spread of disease;

(e)the carrying out of any process, or the use of particular technologies, in an industry or another activity;

(f)requirements for the content and labelling of animal feed, fertilisers and other agricultural inputs.

Example of an agricultural input that may require labelling—

a bag of seed for sowing that may contain weed seeds

105Consultation about codes of practice

(1)Before the making of a code of practice under this part is recommended to the Governor in Council, the chief executive must consult with relevant entities.

(2)Subsection (1) does not apply to the adopted provisions of a code of practice.

(3)A failure to consult under subsection (1) does not affect the validity of the code of practice.

(4)In this section—

relevant entities means local governments and other entities the chief executive considers appropriate, including entities from any of the following groups if the chief executive considers the entities to have an interest in matters relating to biosecurity—

(a)community groups;

(b)professional and industry associations;

(c)educational institutions;

(d)natural resource management bodies.

106Tabling and inspection of documents adopted in codes of practice             

(1)This section applies if—

(a)a regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions); and

(b)the adopted provisions are not part of, or attached to, the regulation.

(2)The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly.

(3)If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly.

(4)The chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(5)The adopted provisions may be made available in written or electronic form.

(6)A failure to comply with subsection (2), (3) or (4) does not invalidate or otherwise affect the regulation.

107Chief executive may make guidelines

(1)The chief executive may make guidelines to provide guidance to persons about—

(a)matters relating to the administration of this Act; and

(b)ways of discharging the general biosecurity obligation; and

(c)complying with other requirements imposed under this Act.

(2)Without limiting subsection (1), a guideline may be about the following matters—

(a)the operation of provisions of this Act about monitoring and enforcement;

(b)ways of complying with requirements imposed under this Act in relation to restricted matter, including, for example, the following—

(i)steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land;

(ii)ways to avoid moving fire ants in or on soil;

(iii)ways to humanely kill, and appropriately dispose of, noxious fish;

(c)on-farm procedures for keeping and caring for horses;

(d)raising designated animals on land for the domestic needs of the occupants of the land.

(3)The chief executive may make a guideline by adopting another entity’s guideline with or without changes.

(4)Before making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it.

Example—

The chief executive might publish a notice in a newspaper circulating in the area in which interested entities reside seeking submissions about a proposed guideline.

(5)A failure to allow the entities to give the chief executive written submissions about the proposed guideline does not affect the validity of it.

108Availability of guidelines

(1)The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(2)Also, the chief executive must publish each guideline, as in force from time to time, on the department’s website.

109Obligation to have regard to guidelines

(1)The contents of a guideline may be taken into account when considering whether a person has or has not discharged the person’s general biosecurity obligation or otherwise complied with a provision of this Act.

(2)However, it must not be presumed that a person who has failed to follow a guideline has breached the person’s general biosecurity obligation or otherwise failed to comply with a provision of this Act.

110Relationship to other Acts

(1)Nothing in this part prevents a person from declaring a disaster situation or another emergency under another Act (another declaration).

(2)However, the existence of another declaration does not prevent the declaration of a biosecurity emergency under this part.

Examples of other Acts—

•Disaster Management Act 2003

•Public Health Act 2005

•Public Safety Preservation Act 1986

(3)In this section—

disaster situation means a disaster situation declared under the Disaster Management Act 2003.

111Other Acts not affected

This part is in addition to, and does not limit—

(a)the Disaster Management Act 2003; or

(b)the Public Health Act 2005, chapter 8; or

(c)the Public Safety Preservation Act 1986, part 3.

112Powers under this part and powers under other Acts

The powers under this part are in addition to and do not limit the powers a person has under another provision of this Act or another Act.

Examples of powers a person may have under another provision of this Act or another Act—

•the chief executive’s power to make a movement control order under part 2

•a police officer’s general power of entry under the Police Powers and Responsibilities Act 2000, section 19

113Chief executive may make biosecurity emergency order

(1)The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order) for responding to a biosecurity event.

Examples—

1A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area.

2A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza.

(2)As soon as practicable after making a biosecurity emergency order, the chief executive must—

(a)publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails and text messages;

Example—

SMS messaging in the biosecurity emergency area

(iii)automated telephoning.

(3)A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter.

(4)The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary.

Examples—

1The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact.

2The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.

(5)However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer.

(6)If it has not been practicable to consult with the Minister or the chief health officer under subsection (5), the chief executive must consult as soon as practicable after the making of the biosecurity emergency order.

(7)A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2), (5) or (6).

(8)To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent.

114Matters for inclusion in biosecurity emergency order

(1)A biosecurity emergency order must include provisions that state—

(a)the nature and apparent extent of the biosecurity emergency the subject of the order; and

(b)the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and

(c)the duties and obligations imposed on—

(i)occupiers of any place within the biosecurity emergency area or a part of the area; and

(ii)other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and

(d)when the order expires if it is not sooner revoked; and

(e)any conditions relating to the conduct of the response to the biosecurity emergency.

(2)Without limiting subsection (1), a biosecurity emergency order may include any of the following—

(a)a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration;

(b)a prohibition on dealing with biosecurity matter or a carrier;

(c)a prohibition or restriction on the movement of biosecurity matter or of a carrier—

(i)into the State; or

(ii)into or out of the biosecurity emergency area; or

(iii)into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or

(iv)out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or

(v)within the biosecurity emergency area;

(d)conditions that must be complied with for movement of a type mentioned in paragraph (c);

(e)requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made;

Example—

The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home.

(f)actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter;

(g)requirements for a person (the relevant person), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area—

(i)to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or

(ii)to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person;

(h)a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order;

(i)requirements for notifying an inspector about the presence of particular biosecurity matter;

(j)a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order;

(k)an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier;

(l)a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order;

(m)requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier;

(n)methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order.

(3)Also, a biosecurity emergency order may—

(a)establish checkpoints (biosecurity emergency checkpoints) within or near the biosecurity emergency area for the order; and

(b)include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints.

(4)Without limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

115Effect and duration of biosecurity emergency order

(1)A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.

(2)Unless it is sooner revoked, a biosecurity emergency order expires on—

(a)the day that is 21 days after the order begins to have effect; or

(b)an earlier day stated in the order for that purpose.

(3)Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.

(4)If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force—

(a)another provision of this Act or a regulation under this Act;

Example for paragraph (a)—

A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46(5).

(b)biosecurity zone regulatory provisions;

(c)a movement control order;

(d)a code of practice.

(5)A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order.

Example for subsection (5)—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.

s 115 amd 2015 No. 15 s 45; 2016 No. 28 s 37

116Compliance with biosecurity emergency order

(1)A person to whom a biosecurity emergency order applies must comply with the order.

Maximum penalty—2,000 penalty units or 2 years imprisonment.

(2)A person does not commit an offence against subsection (1) if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the order; or

(b)has a reasonable excuse for not complying with the order.

117Power to stop vehicles

(1)An inspector who is also a police officer, or an authorised transport officer, may require the person in control of a vehicle to stop the vehicle at a biosecurity emergency checkpoint, having regard to the objective criteria applying for the stopping and checking of vehicles at the checkpoint.

(2)An inspector who is also a police officer may require the person in control of a vehicle to stop the vehicle other than at a biosecurity emergency checkpoint if the inspector suspects on reasonable grounds that—

(a)the vehicle may be being moved in contravention of a biosecurity emergency order; or

(b)the vehicle may be being used to carry biosecurity matter or a carrier in contravention of a biosecurity emergency order.

(3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

Example—

A regulation might make provision for the display at a biosecurity emergency checkpoint or other stopping point of signs that can be easily read and understood by the person in control of a vehicle.

(4)A person must comply with a requirement under subsection (1) or (2) unless the person has a reasonable excuse.

Maximum penalty—

(a)for a failure to stop a vehicle at a biosecurity emergency checkpoint—500 penalty units; or

(b)for a failure to stop a vehicle other than at a biosecurity emergency checkpoint—100 penalty units.

(5)A regulation may impose restrictions on the stopping of vehicles by authorised transport officers.

118Inspection of stopped vehicle

(1)This section applies to a vehicle that has been stopped under this division by—

(a)an inspector who is also a police officer; or

(b)an authorised transport officer.

(2)An inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order.

(3)Also, the inspector or authorised person acting under the direction of an inspector may—

(a)take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or

(b)give a direction to a person to do any of the following—

(i)stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person;

(ii)take biosecurity matter or a carrier to a stated place;

(iii)answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order;

(iv)move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.

(4)A person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(5)Unless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has—

(a)inspected the vehicle as provided for in subsection (2); and

(b)given approval for the vehicle to leave the place where it was stopped.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(6)An authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division.

Note—

A police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers.

(7)For this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector.

(8)In this section—

non-emergency power means a power an authorised officer has under this Act other than under this part.

s 118 amd 2015 No. 15 s 46

119Additional powers of inspector for place within a biosecurity emergency area

(1)Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following—

(a)enter and re-enter the place with or without consent;

(b)if the place is private property, inspect any vehicle at the place;

(c)establish an area on or over the place to isolate biosecurity matter or a carrier;

(d)give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c), or direct a person to stay at or in another stated place;

(e)direct a person to move biosecurity matter or a carrier from the place to another place;

(f)direct a person at the place to answer questions about the place or anything that has happened at the place;

(g)demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard;

(h)clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place;

(i)destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place;

(j)direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place;

(k)remove biosecurity matter or a carrier from the place;

(l)make, or direct a person at the place to make, equipment at the place inoperable;

Example—

dismantle the equipment or take away a component of the equipment

(m)direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document;

(n)take any other action reasonably necessary for managing the biosecurity emergency.

(2)Subsection (1) does not authorise the entry of a residence.

(3)An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order.

(4)Subject to subsection (3), an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.

(5)A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(6)For this section, a place is private property if it is not a place—

(a)that is open to, or used by, the public; or

(b)that the public is entitled to use.

(7)A structure or other property may be demolished, or be directed to be demolished, under subsection (1)(g) only with the written approval of the chief executive.

(8)This section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10, part 1, division 3, for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment.

s 119 amd 2016 No. 27 s 31

120Requirement to answer question or give information

(1)It is a reasonable excuse for an individual to fail to answer a question or give information or a document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.

Note—

This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.

(2)However, it is not a reasonable excuse for an individual to fail to give a required document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.

Note—

This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.

(3)Subsections (4) and (5) apply in relation to any of the following (primary evidence)—

(a)any required document for an individual produced or given by an individual to an inspector under this part in response to a direction given by an inspector under this part;

(b)the fact of the production or giving as mentioned in paragraph (a).

(4)The following is not admissible in evidence against an individual in any civil or criminal proceeding—

(a)primary evidence;

(b)any document, information or other thing obtained as a direct or indirect result of primary evidence (derived evidence).

(5)Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.

(6)In this section—

inspector includes an authorised person acting under the direction of an inspector.

required document, for an individual, means a document that has been issued to the person, or that the individual is required to keep, under this Act.

121Biosecurity emergency order permit

(1)This section applies to a person who is subject to the operation of a biosecurity emergency order.

(2)The person may apply to an inspector for a permit (a biosecurity emergency order permit) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order.

(3)The inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit—

(a)will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and

(b)will not otherwise be detrimental to the effectiveness of the biosecurity emergency order.

Example of circumstance in which a permit might be granted—

A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order.

(4)A biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3).

(5)A person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit.

(6)A biosecurity emergency order permit may authorise a person to perform or not to perform—

(a)a stated activity; or

(b)activities of a stated description.

(7)An inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order—

(a)change the conditions of the permit; or

(b)cancel the permit.

(8)An inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.

(9)This section does not apply to an inspector who is also a police officer.

122Offences relating to biosecurity emergency order permits

(1)A person who holds a biosecurity emergency order permit must comply with the conditions of the permit unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(2)A person who holds a biosecurity emergency order permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A person who holds a biosecurity emergency order permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—

(a)if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or

(b)otherwise—within the shortest practicable time after the request is made.

Maximum penalty—100 penalty units.

123Tabling of report

(1)The Minister must table in the Legislative Assembly a report about a biosecurity emergency the subject of a biosecurity emergency order within 6 months after the biosecurity emergency ends.

(2)The report about the biosecurity emergency must state the following—

(a)the subject matter, nature and extent of the biosecurity emergency;

(b)when and why the biosecurity emergency order was made, when it took effect and when it expired or was revoked;

(c)the biosecurity emergency area for the biosecurity emergency order;

(d)the duties and obligations, for the movement of biosecurity matter or carriers, imposed on—

(i)occupiers of any place within the biosecurity emergency area or a part of the area; and

(ii)other persons in or in the vicinity of the biosecurity emergency area or a part of the area;

(e)any conditions relating to the conduct of the response to the biosecurity emergency;

(f)any other matter the Minister considers appropriate.

124Chief executive may make movement control order

(1)The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order) for managing, reducing or eradicating stated biosecurity matter (controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier.

(2)A movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period.

Examples—

A movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period.

(3)The chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order.

(4)A movement control order may exclude stated persons, or persons of a particular class, from its operation.

Example—

A movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter.

(5)As soon as practicable after making a movement control order, the chief executive must—

(a)publish in the gazette a notice of the making of the movement control order, the order’s subject matter generally and the places where a copy of the order may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails or text messages;

Example—

SMS messaging in an area to which the movement control order relates

(iii)automated telephoning.

(6)A movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5).

(7)A movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order.

Example—

If a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State.

(8)Unless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made.

(9)Without limiting the chief executive’s power to revoke a movement control order—

(a)if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and

(b)a regulation may revoke a movement control order.

(10)To remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent.

(11)In this section—

manage, biosecurity matter, includes—

(a)prevent its transmission or spread; and

(b)address the biosecurity risk posed by it.

restrict includes allow on conditions.

125Matters for inclusion in movement control order

(1)Without limiting the matters that may be included in a movement control order, a movement control order must include details of each of the following—

(a)why the movement control order is being made;

(b)what the movement control order is intended to achieve;

(c)the areas to which the movement control order relates;

(d)the controlled biosecurity matter for the order, and any other biosecurity matter to which the movement control order relates;

(e)any carrier, including a carrier of a particular type, to which the movement control order relates;

(f)the prohibitions and restrictions that must be complied with by persons to whom the order applies.

(2)Without limiting the ways in which an area the subject of a movement control order may be identified, the area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

(3)Without limiting how a movement control order may prohibit or restrict the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier, a movement control order may—

(a)prohibit or restrict the movement of biosecurity matter or a carrier—

(i)into or out of the State; or

(ii)into, out of or within a stated area of the State; or

(iii)into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii), whether or not the movement is out of the stated area; or

(iv)out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii), whether or not the movement is into the stated area; or

(b)impose conditions that must be complied with for movement of a type mentioned in paragraph (a); or

(c)give directions reasonably necessary or desirable to manage, reduce or eradicate controlled biosecurity matter, including directions regulating—

(i)the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or

(ii)what a person may or may not do on land within a stated area; or

(d)impose requirements on a person (the relevant person)—

(i)to inspect or test any biosecurity matter or a carrier; or

(ii)to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or

(iii)to clean or disinfect any place, including any structure or thing at a place; or

(iv)for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed—

(A)by, or under the direction of, an authorised officer; and

(B)at the expense of the relevant person; or

(v)to notify an inspector about—

(A)the presence of controlled biosecurity matter; or

(B)if the person reasonably suspects the presence of controlled biosecurity matter—the suspected presence of the biosecurity matter.

126Compliance with movement control order

(1)A person to whom a movement control order applies must comply with the order.

Maximum penalty—2,000 penalty units or 1 year’s imprisonment.

(2)A person who fails to comply with subsection (1) does not commit an offence against the subsection if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the order; or

(b)has a reasonable excuse for not complying with the order.

Note—

See also section 132(6).

s 126 amd 2015 No. 15 s 47

127Effect of movement control order

A permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating biosecurity matter is of no effect, while a movement control order is in force, to the extent it is inconsistent with the movement control order.

Example—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a movement control order while the order is in force.

128Regulation may include provisions for biosecurity zones

(1)A regulation may include provisions (biosecurity zone regulatory provisions) that—

(a)establish the whole or a part of the State as a biosecurity zone for stated biosecurity matter (regulated biosecurity matter for the biosecurity zone regulatory provisions) that may have an adverse effect on a biosecurity consideration; and

(b)include arrangements for managing, reducing or eradicating regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.

Examples—

1Biosecurity zone regulatory provisions might identify a particular variety of plant as regulated biosecurity matter for the provisions and restrict the movement and cultivation of plants of that variety within particular areas of the State to reduce the risk of the introduction and spread of diseases.

2Biosecurity zone regulatory provisions might identify a particular type of tick as regulated biosecurity matter for the provisions and restrict the movement of susceptible animal species between particular areas where the ticks exist and particular areas where the ticks do not exist.

(2)Biosecurity zone regulatory provisions may be directed at managing, reducing or eradicating regulated biosecurity matter over an extended period of time or indefinitely.

(3)Biosecurity zone regulatory provisions may exclude stated persons, or persons of a particular class, from their operation.

Examples—

1Biosecurity zone regulatory provisions might exclude from their operation a person who has entered into a compliance agreement with the chief executive in relation to regulated biosecurity matter.

2Biosecurity zone regulatory provisions might exclude from their operation a person who is undertaking an industry approved quality assurance program for managing regulated biosecurity matter.

(4)The chief executive must ensure that biosecurity zone regulatory provisions are published in full on the department’s website as soon as practicable after they are notified.

(5)A regulation is not invalid only because of a failure of the chief executive to comply with subsection (4).

(6)In this section—

manage, biosecurity matter, includes—

(a)prevent its transmission or spread; and

(b)address the biosecurity risk posed by it.

129Matters for inclusion in biosecurity zone regulatory provisions

(1)Without limiting what may be included in biosecurity zone regulatory provisions, biosecurity zone regulatory provisions may—

(a)prohibit or regulate dealing with biosecurity matter, including regulated biosecurity matter, or a carrier; or

Example—

prohibit or regulate the planting of a particular variety of plant

(b)direct the eradication, in the way stated, of biosecurity matter, including regulated biosecurity matter, or of a carrier; or

Example—

Biosecurity zone regulatory provisions might direct the eradication of crop residues that may harbour regulated biosecurity matter.

(c)authorise the chief executive, by notice signed by the chief executive and published on the department’s website, to provide for either or both of the following—

(i)the establishment of particular areas within the biosecurity zone;

(ii)the application, in relation to areas mentioned in subparagraph (i), or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or

(d)prohibit, regulate or require the movement of biosecurity matter, including regulated biosecurity matter, or a carrier, into, out of or within the biosecurity zone; or

Example—

Biosecurity zone regulatory provisions might include a prohibition on bringing designated animals or animal pathogens, of a type identified in the biosecurity zone regulatory provisions, into the biosecurity zone.

(e)prohibit, regulate or require the application of measures to prevent the introduction, establishment or spread of regulated biosecurity matter or otherwise to control the regulated biosecurity matter; or

Example—

Biosecurity zone regulatory provisions might include a requirement that susceptible animal species be treated for regulated biosecurity matter in the form of ticks before the susceptible animal species are taken out of the biosecurity zone.

(f)require that any biosecurity matter, including regulated biosecurity matter, or a carrier be subjected to inspection or testing; or

Example—

Biosecurity zone regulatory provisions might include a requirement that soil be inspected for the presence or absence of regulated biosecurity matter in the form of fire ants before being brought out of the biosecurity zone.

(g)include notification requirements for regulated biosecurity matter; or

(h)require the keeping and inspection of records about the movement, in the course of the carrying on of business, of biosecurity matter, including regulated biosecurity matter, or of a carrier, into, out of or within the biosecurity zone.

(2)Without limiting the ways in which a biosecurity zone or another area may be identified, the zone or area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

(3)A notice by the chief executive under subsection (1)(c) can not impose restrictions greater than those otherwise applying under the biosecurity zone regulatory provisions.

130Effect of biosecurity zone regulatory provisions

A permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating regulated biosecurity matter in relation to a biosecurity zone or areas outside a biosecurity zone is of no effect, while biosecurity zone regulatory provisions are in force, to the extent it is inconsistent with the provisions.

Example—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under biosecurity zone regulatory provisions while the provisions are in force.

131Definition

In this part—

biosecurity instrument means a movement control order or biosecurity zone regulatory provisions.

132Biosecurity instrument permit

(1)This section applies to a person who is subject to the operation of a biosecurity instrument.

(2)The person may apply to an inspector for a permit (a biosecurity instrument permit) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument.

Example—

A person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions.

(3)The inspector may refuse the application if—

(a)the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and

(b)biosecurity zone regulatory provisions—

(i)regulate the movement of the biosecurity matter or carrier; and

(ii)provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement) is given for the biosecurity matter or carrier; and

(c)the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier.

Example—

A person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if—

•biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and

•the inspector is satisfied the person could reasonably obtain a certificate of that type.

(4)The inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit—

(a)will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and

(b)will not otherwise be detrimental to the effectiveness of the biosecurity instrument.

Examples of circumstances in which a permit might be granted—

1A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order.

2A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions.

(5)A biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4).

(6)A person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part.

(7)A biosecurity instrument permit may authorise a person to perform or not to perform—

(a)a stated activity; or

(b)activities of a stated description.

(8)An inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument—

(a)change the conditions of the permit; or

(b)cancel the permit.

(9)An inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.

(10)A biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order.

s 132 amd 2015 No. 15 s 48; 2016 No. 28 s 38

133Offences relating to biosecurity instrument permits

(1)A person who holds a biosecurity instrument permit must comply with the conditions of the permit unless the person has a reasonable excuse.

Maximum penalty—2,000 penalty units or 1 year’s imprisonment.

(2)A person who holds a biosecurity instrument permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A person who holds a biosecurity instrument permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—

(a)if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or

(b)otherwise—within the shortest practicable time after the request is made.

Maximum penalty—100 penalty units.

134What is a designated animal

A designated animal is—

(a)an animal that is a member of any of the following groups of animals—

(i)cattle;

(ii)sheep;

(iii)goats;

(iv)pigs;

(v)bison;

(vi)buffalo;

(vii)deer;

(viii)the family Camelidae;

Examples of members of the family Camelidae—

alpacas, Arabian camels, llamas

(ix)the family Equidae;

Examples of members of the family Equidae—

horses, ponies, donkeys, mules, zebras

(x)designated birds;

(xi)bees; or

(b)an animal prescribed under a regulation as a designated animal (a prescribed designated animal).

s 134 amd 2016 No. 28 s 39

135What is a special designated animal

A special designated animal is—

(a)an animal that is a designated animal because it is a member of any of the following groups of animals—

(i)cattle;

(ii)sheep;

(iii)goats;

(iv)pigs;

(v)bison;

(vi)buffalo;

(vii)alpacas;

(viii)llamas; or

(b)a designated animal prescribed under a regulation as a special designated animal.

135AWhat is a designated bird

A designated bird is a captive bird that—

(a)is kept for human consumption or to produce eggs for human consumption; or

(b)has been released for free flight since it started to be kept in captivity.

Example—

a pigeon (Columba livia) used for racing

s 135A ins 2016 No. 28 s 40

136What is designated biosecurity matter

(1)Designated biosecurity matter is biosecurity matter prescribed under a regulation as designated biosecurity matter.

(2)Biosecurity matter that is any of the following can not be prescribed under subsection (1) as designated biosecurity matter—

(a)a designated animal;

(b)a pathogenic agent that can cause disease;

(c)a disease;

(d)a contaminant.

137What is the threshold number of designated animals

The threshold number, of designated animals, is—

(a)for designated animals other than prescribed designated animals—

(i)for designated animals other than bees or designated birds—1; or

(ii)for bees—1 bee hive; or

(iii)for designated birds—100; or

(b)for prescribed designated animals—

(i)the threshold number prescribed under a regulation; or

(ii)if no number is prescribed—1.

s 137 amd 2016 No. 28 s 41

138What is the threshold amount of designated biosecurity matter

The threshold amount, of designated biosecurity matter, is the amount prescribed under a regulation as the threshold amount for the designated biosecurity matter.

139Who keeps a designated animal

(1)A person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.

(2)However, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1), the person who at law has title to the animal is the person who keeps the animal.

(3)Each of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2), keeps a designated animal, could also be a keeper of the animal.

(4)A person (the relevant person) keeps a designated animal (other than a bee) if—

(a)the animal is located at a holding facility; and

(b)the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.

(5)A person (also the relevant person) keeps a designated animal (other than a bee) if—

(a)the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and

(b)the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.

140Who holds designated biosecurity matter

(1)A person holds designated biosecurity matter if the person is effectively in day-to-day control of the biosecurity matter, whether or not that control is exercised personally or through an agent or employee.

(2)However, if at any time it is not reasonably practicable to identify who is the holder of designated biosecurity matter under subsection (1), the person who at law has title to the biosecurity matter is the person who holds the biosecurity matter.

141What is a registrable biosecurity entity

(1)A person is a registrable biosecurity entity if the person—

(a)keeps the threshold number or more of designated animals; or

(b)holds the threshold amount or more of designated biosecurity matter.

(2)For subsection (1), it does not matter whether the keeping or holding happens at 1 place or 2 or more places in the State.

(3)However, for identifying a registrable biosecurity entity, 2 or more persons could, taken together, be a registrable biosecurity entity even though 1 of those persons, acting separately, could be a separate registrable biosecurity entity.

Example for subsection (3)—

Persons A and B, acting in partnership, keep pigs. A and B together are a registrable biosecurity entity for the keeping of those pigs. Additionally, person A, acting alone and outside of the partnership, keeps other pigs. Person A is a separate registrable biosecurity entity for the keeping of the other pigs.

142What is a biosecurity circumstance

A biosecurity circumstance is—

(a)the keeping of designated animals; or

(b)the holding of designated biosecurity matter.

143Who is the occupier of a place

(1)The occupier of a place is the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee.

(2)However, if at any time it is not reasonably practicable to decide who is the occupier of a place under subsection (1), the person who is the owner of the place is also the occupier of the place.

144Who is the NLIS administrator

The NLIS administrator is the entity approved by the chief executive, by gazette notice, as the administrator of the database for the NLIS.

145Registrable biosecurity entity must apply for registration

(1)A registrable biosecurity entity must, in compliance with this part, and unless the person has a reasonable excuse, apply for registration under this part unless the chief executive has given a registration exemption for the entity.

Maximum penalty—100 penalty units.

(2)The obligation under subsection (1) to apply for registration commences immediately a person becomes a registrable biosecurity entity, and must be complied with within 14 days after the obligation commences or within any longer period approved by the chief executive under this section.

(3)If a person is a registrable biosecurity entity because of each of 2 or more biosecurity circumstances, the person must apply for registration for each of the circumstances.

Example—

A corporation keeps 30 cattle and 20 pigs and holds more than the threshold amount of designated biosecurity matter, therefore providing 3 biosecurity circumstances because of which the corporation is a registrable biosecurity entity. The corporation must apply for registration under this part for each of the 3 circumstances.

(4)However, the entity may combine the applications in the 1 application document.

(5)An entity may apply to the chief executive to approve a longer period for applying for registration.

(6)An application under subsection (5) must be made in the approved form.

(7)The chief executive may decide the application by—

(a)approving the longer period applied for; or

(b)approving a period less than that applied for; or

(c)approving a longer period on conditions; or

(d)refusing to approve a longer period.

(8)If the chief executive acts under subsection (7)(b), (c) or (d), the chief executive must give the entity an information notice for the decision on the application.

146Approval for registrable biosecurity entity to remain unregistered

(1)A registrable biosecurity entity may apply to the chief executive for exemption (a registration exemption for the entity) from the requirement that the entity apply for registration under this part.

(2)The application must be in the approved form.

(3)The approval may be given only if the chief executive is satisfied that no biosecurity circumstance applying to the entity poses a biosecurity risk.

(4)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision to refuse the application.

147Application for registration before becoming a registrable biosecurity entity

(1)A person who is not a registrable biosecurity entity for a biosecurity circumstance, but reasonably expects to become a registrable biosecurity entity for the circumstance, may apply for registration under this part as if the person were a registrable biosecurity entity for the circumstance.

(2)Subsection (3) applies if, on a day (the relevant day)—

(a)a person expects, or ought reasonably to expect, that the person will, for an event period, be a registrable biosecurity entity for a biosecurity circumstance; and

(b)the person is not a registered biosecurity entity for the biosecurity circumstance for the event period.

(3)The person must, as required under subsection (4) and unless the person has a reasonable excuse, apply for registration under this part for the biosecurity circumstance as if the person were a registrable biosecurity entity for the circumstance.

Maximum penalty—100 penalty units.

Example of a person to whom subsection (3) might apply—

A person operates a place as a cattle saleyard on an occasional basis, but the person does not hold a current registration under this part for the keeping of cattle at the saleyard. However, the person is planning to hold a sale at the saleyard for 2 days, starting in 30 days. The person is about to advertise the sale and fully expects the sale to proceed as planned.

(4)The application must be made as soon as reasonably practicable but, unless it is not reasonably practicable, must be made before the commencement of the event period.

(5)In this section—

event period means a period, of not more than 14 days—

(a)starting after the relevant day; and

(b)ending before the end of the 90 days immediately following the relevant day.

148Application requirements for registration of registrable biosecurity entity

(1)An application for the registration of a registrable biosecurity entity must—

(a)be in the approved form; and

(b)be made to the chief executive by the entity; and

(c)state all of the following details (the designated details for the entity)—

(i)to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen;

(ii)the name, address and contact details of the entity;

(iii)if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place;

(iv)whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place;

(v)the approximate numbers of each type of designated animal;

(vi)to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and

(d)include any information of which the applicant is aware that could help the chief executive decide whether—

(i)a place the subject of the application should be declared as a restricted place; or

(ii)designated animals at a place the subject of the application should be declared as restricted animals; or

(iii)designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and

(e)be accompanied by the fee prescribed under a regulation; and

(f)be accompanied by evidence the chief executive reasonably requires that the person identified in the application as the registrable biosecurity entity is the appropriate person to make the application.

(2)To the extent the application relates to the keeping of bees, subsection (1)(c) does not apply and the designated details for the registrable biosecurity entity are—

(a)a statement that the application relates to the keeping of bees; and

(b)the name, address and contact details of the entity.

s 148 amd 2016 No. 28 s 42

149Registration of biosecurity entity

On receiving from a person an application for registration, the chief executive must consider the application and, if it complies with the requirements for an application, must as soon as practicable—

(a)register the person as a registered biosecurity entity in the biosecurity register; and

(b)advise the person of the registration.

s 149 amd 2016 No. 28 s 43

150Chief executive may register person without application

(1)This section applies if the chief executive considers a person is, or is likely to become, a registrable biosecurity entity.

(2)The chief executive may register the person under this part—

(a)even though the person has not applied for registration; and

(b)even if the person can be expected to be a registrable biosecurity entity only on a temporary basis.

(3)However, before registering the person under this part, the chief executive must—

(a)give the person a notice stating—

(i)that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and

(ii)the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and

(iii)a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and

(b)consider any written submission made by the person within the stated period.

(4)On registering the person as a registered biosecurity entity in the biosecurity register, the chief executive must—

(a)advise the person of the registration; and

(b)give the person an information notice for—

(i)the chief executive’s decision to register the person without having received an application for registration; and

(ii)the chief executive’s decision about the registration details.

s 150 amd 2016 No. 28 s 44

151Allocation of PICs

(1)This section applies if the chief executive registers a person as a registered biosecurity entity under this part for the person’s keeping of designated animals other than bees.

(2)The chief executive must allocate a property identification code (a PIC) to any designated place the subject of the registration unless a PIC has already been allocated to the place because of another registration under this part.

(3)The chief executive may give a registered biosecurity entity a PIC other than for a designated place, and include the PIC in the biosecurity register, if the chief executive is satisfied it is necessary for the integrity of the NLIS.

(4)The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a PIC and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that any 1 place the details of which are recorded in the register has only 1 PIC that is unique to that place.

(5)If the chief executive takes any action under subsection (4) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.

(6)Subject to other requirements of this chapter relating to PICs, a PIC may take any form the chief executive considers appropriate.

152Registered biosecurity entity may apply for deregistration

(1)If a person that is a registered biosecurity entity ceases to be a registrable biosecurity entity for a biosecurity circumstance, the person may apply to the chief executive for the person’s deregistration as a registered biosecurity entity for the circumstance.

(2)The application must be in the approved form.

(3)The chief executive must remove the person from the biosecurity register if satisfied the person is no longer a registrable biosecurity entity for the biosecurity circumstance.

(4)Otherwise, the chief executive must refuse the application.

(5)If the chief executive decides to refuse the application, the chief executive must give the applicant for deregistration an information notice for the decision to refuse.

153Registered biosecurity entity to be given proof of registration

(1)The chief executive may give a registered biosecurity entity proof of the entity’s registration in the form approved by the chief executive.

(2)The chief executive must give a registered biosecurity entity proof of registration as mentioned in subsection (1) if the entity asks for it.

154No transfer of registration

A registered biosecurity entity’s registration can not be transferred.

155Term of registration

(1)The term of the registration of a registered biosecurity entity is the term decided by the chief executive, having regard to the circumstances of the entity, but must not be more than 3 years.

(2)If the term of a registration is made up of 2 or more separate periods, the separate periods must be within a period of not more than 3 years.

Example for subsection (2)—

An agricultural show society becomes registered as a registered biosecurity entity for the keeping of various designated animals for a 2-week period at the same time each year. The term of the registration could not be more than 3 of those 2-week periods.

156Renewal of registration

(1)When the term of a registration as a registered biosecurity entity ends, the chief executive must renew the registration unless the chief executive has been otherwise advised by the entity.

(2)If the chief executive renews a registration as a registered biosecurity entity under subsection (1), the chief executive must require the registered biosecurity entity—

(a)to pay the prescribed fee for renewal of the registration; or

(b)to advise the chief executive why the entity no longer needs to be registered as a registered biosecurity entity.

(3)Subsection (1) does not stop the chief executive from at any time requiring a registered biosecurity entity to give the chief executive information the chief executive reasonably requires for confirming the continuing accuracy of any aspect of the entity’s registration details.

(4)A registered biosecurity entity must comply with a requirement made to the entity under subsection (2) or (3) unless the entity has a reasonable excuse.

Maximum penalty—100 penalty units.

157Keeping of bees in a hive

A person must not keep bees unless the bees are kept in a hive.

Maximum penalty—50 penalty units.

158Allocation of HIN

(1)If the chief executive registers a registrable biosecurity entity under this part for the entity’s keeping of bees, the chief executive must allocate a hive identification number (a HIN) to the entity for the entity’s hives.

(2)The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a HIN and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that a registered biosecurity entity has only 1 HIN that is unique to the entity’s hives.

(3)If the chief executive takes any action under subsection (2) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.

(4)A HIN may take any form the chief executive considers appropriate.

(5)A registered biosecurity entity that has a HIN allocated to it by the chief executive must ensure that the hives the entity uses for the keeping of bees are marked or branded with the HIN, in the way prescribed under a regulation, to the following extent—

(a)for each group of 50 hives—at least 1 hive in the group must be marked or branded;

(b)subject to paragraph (a), for any group of less than 50 hives—at least 1 hive in the group must be marked or branded.

Maximum penalty—50 penalty units.

159Display of information about registered biosecurity entity

(1)This section applies if hives that a registered biosecurity entity uses for the keeping of bees are located other than on land that is or that is adjacent to land that is residential land of the entity.

(2)The entity must, on 1 of the hives, or in a conspicuous place within the hives, display a notice that complies with the requirements, and contains the information relating to the entity’s registration under this part, prescribed under a regulation.

Maximum penalty—20 penalty units.

(3)In this section—

residential land, of a registered biosecurity entity, means land on which is located the usual place of residence of—

(a)the entity; or

(b)an executive officer, agent or employee of the entity.

div hdg sub 2016 No. 28 s 45

sdiv hdg ins 2016 No. 28 s 45

160Requirement to give biosecurity risk notice

(1)This section applies if a relevant person for a designated place becomes aware—

(a)the place poses, or may pose, a biosecurity risk; or

(b)a designated animal at the place poses, or may pose, a biosecurity risk; or

(c)designated biosecurity matter at the place poses, or may pose, a biosecurity risk.

(2)The relevant person must, as soon as practicable, give the chief executive notice (a biosecurity risk notice) of the biosecurity risk.

Maximum penalty—50 penalty units.

(3)However, subsection (2) does not apply if the relevant person is aware the chief executive has been advised, or has otherwise become aware, of the biosecurity risk.

(4)In this section—

relevant person, for a designated place, means—

(a)a registered biosecurity entity for the place; or

(b)an owner or occupier of the place.

s 160 sub 2016 No. 28 s 46

sdiv hdg ins 2016 No. 28 s 46

161Inclusion of restricted place entry in biosecurity register

(1)This section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk.

Example—

The presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain.

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the place to be a restricted place; and

(b)declare how use of the place is to be restricted; and

(c)declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and

(d)declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and

(e)declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place.

Example—

If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way.

Note—

See section 169(2) for the details that must be included in the biosecurity register in relation to the restricted place.

(3)A restriction declared under subsection (2)(c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended.

Example—

If the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply.

(4)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(5)For subsection (2), it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity.

(6)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the occupier of the place;

(b)if the occupier of the place is not the owner of the place—the owner;

(c)any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.

s 161 sub 2016 No. 28 s 46

162Compliance with restricted place restrictions

(1)While a place is a restricted place, a person must not perform any activity in relation to the place that contravenes any restriction recorded in the biosecurity register under section 161(2)(b) about how the place is to be used.

Maximum penalty—800 penalty units.

(2)A person does not commit an offence against subsection (1) for the performance of an activity if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for the performance of the activity.

(3)A person must not deal with a designated animal in a way that contravenes a restriction recorded in the biosecurity register under section 161(2)(c) on dealings with the animal.

Maximum penalty—800 penalty units.

(4)A person does not commit an offence against subsection (3) by dealing with a designated animal in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the designated animal in that way.

(5)A person must not deal with designated biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161(2)(d) on dealings with the matter.

Maximum penalty—800 penalty units.

(6)A person does not commit an offence against subsection (5) by dealing with designated biosecurity matter in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the designated biosecurity matter in that way.

(7)A person must not deal with a carrier of biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161(2)(e) on dealings with the carrier.

Maximum penalty—800 penalty units.

(8)A person does not commit an offence against subsection (7) by dealing with a carrier of biosecurity matter in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the carrier in that way.

s 162 amd 2016 No. 28 s 47

sdiv hdg ins 2016 No. 28 s 48

162AInclusion of restricted animal entry in biosecurity register

(1)This section applies if the chief executive is satisfied on reasonable grounds that a designated animal could pose a biosecurity risk.

Examples of a designated animal that could pose a biosecurity risk—

•a designated animal that has been contaminated with lead

•a designated animal that has been contaminated with organochlorides and has left the place at which it became contaminated before the place was declared to be a restricted place

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the designated animal to be a restricted animal; and

(b)declare restrictions on dealings with the designated animal.

Note—

See section 169(3) for the details that must be included in the biosecurity register in relation to the restricted animal.

(3)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(4)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the registered biosecurity entity for the place where the designated animal is being kept;

(b)the occupier of the place where the designated animal is being kept;

(c)the owner of the designated animal.

s 162A ins 2016 No. 28 s 48

162BCompliance with restricted animal restrictions

(1)A person must not deal with a restricted animal in a way that contravenes a restriction recorded in the biosecurity register under section 162A(2)(b) on dealings with the animal.

Maximum penalty—800 penalty units.

(2)A person does not commit an offence against subsection (1) by using a restricted animal in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the animal in that way.

s 162B ins 2016 No. 28 s 48

sdiv hdg ins 2016 No. 28 s 48

162CInclusion of restricted biosecurity matter entry in biosecurity register

(1)This section applies if the chief executive is satisfied on reasonable grounds that designated biosecurity matter could pose a biosecurity risk.

Note—

See section 136 in relation to biosecurity matter that may be prescribed by regulation as designated biosecurity matter.

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the designated biosecurity matter to be restricted biosecurity matter; and

(b)declare restrictions on dealings with the designated biosecurity matter.

Note—

See section 169(4) for the details that must be included in the biosecurity register in relation to the restricted biosecurity matter.

(3)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(4)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the registered biosecurity entity for the place where the designated biosecurity matter is being kept;

(b)the occupier of the place where the designated biosecurity matter is being kept;

(c)the owner of the designated biosecurity matter.

s 162C ins 2016 No. 28 s 48

162DCompliance with restricted biosecurity matter restrictions

(1)A person must not deal with restricted biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 162C(2)(b) on dealings with the matter.

Maximum penalty—800 penalty units.

(2)A person does not commit an offence against subsection (1) by dealing with restricted biosecurity matter in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the matter in that way.

s 162D ins 2016 No. 28 s 48

sdiv hdg ins 2016 No. 28 s 48

163Ending declaration of restricted place

(1)The chief executive may end the declaration of a place as a restricted place when the chief executive is satisfied the place no longer poses a biosecurity risk.

(2)A declaration ends when the chief executive—

(a)if the entry in the biosecurity register that makes the declaration includes 1 or more restrictions declared under section 161(2)(c) or (d) that apply after the declaration of the place as a restricted place has ended—amends the entry to record that the declaration has ended; or

Note—

A restriction declared under section 161(2)(c) or (d) may apply after the declaration of the place as a restricted place has ended. See section 161(3).

(b)otherwise—removes the entry making the declaration from the biosecurity register.

(3)The chief executive may remove an entry amended under subsection (2)(a) from the biosecurity register when each restriction mentioned in the subsection stops applying.

(4)The chief executive may end a declaration—

(a)on the chief executive’s own initiative; or

(b)on an application made under this subdivision for the declaration to be ended.

s 163 sub 2016 No. 28 s 49

163AEnding declaration of restricted animal or restricted biosecurity matter

(1)The chief executive may end the declaration of a designated animal as a restricted animal when the chief executive is satisfied the animal no longer poses a biosecurity risk.

(2)The chief executive may end the declaration of designated biosecurity matter as restricted biosecurity matter when the chief executive is satisfied the matter no longer poses a biosecurity risk.

(3)A declaration ends when the chief executive removes the entry making the declaration from the biosecurity register.

(4)The chief executive may end a declaration—

(a)on the chief executive’s own initiative; or

(b)on an application made under this subdivision for the declaration to be ended.

s 163A ins 2016 No. 28 s 49

164Application for declaration of restricted place to be ended

(1)A person may apply to the chief executive to end the declaration of a place as a restricted place.

Note—

See section 163(2) for when the declaration ends.

(2)A person may make an application under subsection (1) only if the person is—

(a)the occupier of the place; or

(b)the owner of the place; or

(c)any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.

s 164 amd 2016 No. 28 s 50

164AApplication for declaration of restricted animal to be ended

(1)A person may apply to the chief executive to end the declaration of a designated animal as a restricted animal.

Note—

See section 163A(3) for when the declaration ends.

(2)A person may make an application under subsection (1) only if the person is—

(a)the registered biosecurity entity for the place where the restricted animal is being kept; or

(b)the occupier of the place where the restricted animal is being kept; or

(c)the owner of the restricted animal.

s 164A ins 2016 No. 28 s 51

164BApplication for declaration of restricted biosecurity matter to be ended

(1)A person may apply to the chief executive to end the declaration of designated biosecurity matter as restricted biosecurity matter.

Note—

See section 163A(3) for when the declaration ends.

(2)A person may make an application under subsection (1) only if the person is—

(a)the registered biosecurity entity for the place where the designated biosecurity matter is being kept; or

(b)the occupier of the place where the designated biosecurity matter is being kept; or

(c)the owner of the designated biosecurity matter.

s 164B ins 2016 No. 28 s 51

164CRequirements for application

An application under section 164, 164A or 164B must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by regulation; and

(c)outline any steps taken to ensure the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk; and

(d)include evidence (for example, reports prepared by suitably qualified persons) the restricted place, restricted animal or restricted biosecurity matter does not pose a biosecurity risk.

s 164C ins 2016 No. 28 s 51

165Inquiry about application

(1)Before deciding the application, the chief executive may, by notice to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

166Decision on application

(1)The chief executive must consider the application and decide to grant, or refuse to grant, the application.

(2)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.

(3)If the chief executive decides to grant the application, the chief executive must—

(a)advise the applicant of the decision; and

(b)as soon as practicable, remove the entry from the biosecurity register; and

(c)advise the applicant when the entry is removed from the biosecurity register.

167Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if the chief executive has, under section 165(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

s 167 amd 2016 No. 28 s 52

168Chief executive’s obligation to keep register

The chief executive must keep a register (the biosecurity register) of the following—

(a)registered biosecurity entities;

(b)restricted places;

(c)restricted animals;

(d)restricted biosecurity matter.

s 168 sub 2016 No. 28 s 53

169Information required to be kept

(1)The biosecurity register must include, for each registered biosecurity entity in relation to each biosecurity circumstance for which the entity is a registered biosecurity entity, all of the following details (the registration details)—

(a)the designated details for the entity;

(b)any PIC that applies to the entity’s registration;

(c)any HIN allocated for the entity’s registration.

(2)The biosecurity register must include, for each restricted place—

(a)the address, local government area and any name of the place; and

(b)any PIC of the place; and

(c)the restrictions declared under section 161(2).

(3)The biosecurity register must include, for each restricted animal—

(a)information that identifies the animal; and

(b)the restrictions declared under section 162A(2)(b) on dealings with the animal.

(4)The biosecurity register must include, for each restricted biosecurity matter—

(a)information that identifies the matter; and

(b)the restrictions declared under section 162C(2)(b) on dealings with the matter.

(5)The chief executive may record other information the chief executive considers appropriate about a registered biosecurity entity, restricted place, restricted animal or restricted biosecurity matter.

s 169 amd 2016 No. 28 s 54

170Requirement for change notice

(1)This section applies if a registered biosecurity entity becomes aware of a change that affects or may affect the accuracy of the entity’s designated details.

(2)The registered biosecurity entity must, as soon as practicable, give the chief executive notice of the change (a change notice).

Maximum penalty—50 penalty units.

s 170 amd 2016 No. 28 s 55

171Correction and updating of biosecurity register for registered biosecurity entities

(1)The chief executive may correct the designated details for a registered biosecurity entity if satisfied that—

(a)the designated details are incorrect as registered; or

(b)the correction is necessary to ensure the traceability of designated animals or designated biosecurity matter.

(2)The correction may be made at the chief executive’s own initiative, at the registered biosecurity entity’s request, or because of a change notice.

(3)If a correction is made at the chief executive’s own initiative, and without a registered biosecurity entity’s request or consent and not because of a change notice to the extent the change notice is about the entity’s designated details, the chief executive must give the entity an information notice for the decision to make the correction.

(4)If the chief executive is given a change notice, the chief executive must refuse to correct the designated details in compliance with the change notice to the extent the chief executive is satisfied that, in the circumstances, a further application for registration under this part should be made.

(5)In this section—

correct includes amend, and for a PIC or HIN, cancelling and replacing it.

s 171 amd 2016 No. 28 s 56

172Publication of information held in biosecurity register

(1)The chief executive—

(a)must publish on the department’s website the following information held in the biosecurity register for each registered biosecurity entity—

(i)the address, local government area and any name of each designated place for which the entity is registered;

(ii)any PIC that applies to the entity’s registration; and

(b)may publish on the department’s website any other information held in the biosecurity register for a registered biosecurity entity.

(2)Also, the chief executive may publish on the department’s website all or part of the information held in the biosecurity register for—

(a)a restricted place; or

(b)a restricted animal; or

(c)restricted biosecurity matter.

s 172 sub 2016 No. 28 s 57

173Taking copies of biosecurity register

(1)On application by a person (the applicant) and payment of the fee prescribed by regulation, the chief executive may, under subsection (2), (3), (4) or (5), give the applicant a copy of information held in the biosecurity register.

(2)The applicant may be given a copy of information relating to a registered biosecurity entity only if the information—

(a)is required to be published on the department’s website under section 172(1)(a); or

(b)has been published on the department’s website under section 172(1)(b).

(3)The applicant may be given a copy of information relating to a restricted place only if—

(a)the applicant is—

(i)an owner or occupier of the place; or

(ii)a registered biosecurity entity for the place; or

(b)the owner of the place gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(4)The applicant may be given a copy of information relating to a restricted animal only if—

(a)the applicant is—

(i)a person who keeps the animal; or

(ii)an occupier of the place where the animal is being kept; or

(iii)the owner of the animal; or

(b)the owner of the animal gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(5)The applicant may be given a copy of information relating to restricted biosecurity matter only if—

(a)the applicant is—

(i)a person who keeps the matter; or

(ii)an occupier of the place where the matter is being kept; or

(iii)the owner of the matter; or

(b)the owner of the matter gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(6)Despite subsections (1) to (5), the chief executive may, on the chief executive’s own initiative, give a person a copy of all or part of the information held in the biosecurity register if—

(a)the person is the NLIS administrator; or

(b)the person is carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or

(c)the chief executive is satisfied disclosing the details to the person in the circumstances—

(i)is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or

(ii)will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or

(iii)will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.

(7)The information mentioned in subsection (6) may be given subject to conditions the chief executive considers appropriate.

Example of a condition for subsection (7)—

Information may be given to the NLIS administrator on the condition that the NLIS administrator gives the chief executive access to information from the database for the NLIS.

s 173 amd 2016 No. 28 s 58

173AUse of information by NLIS administrator

(1)This section applies in relation to information given to the NLIS administrator under section 173(6).

(2)The chief executive may authorise the NLIS administrator to disclose all or part of the information to a stated person or a person of a stated class (each an authorised recipient).

Example of a stated class—

operators of abattoirs

(3)The chief executive’s authorisation may be given—

(a)generally or in a particular case; and

(b)subject to any conditions the chief executive considers appropriate.

(4)Subsection (5) applies if the chief executive authorises the NLIS administrator under subsection (2) to disclose the information to an authorised recipient.

(5)The NLIS administrator may publish the information on a website maintained by the administrator, but only if access to the information is restricted to persons—

(a)who are authorised recipients for the information; or

(b)to whom the disclosure of the information is required or permitted under this Act or another Act.

(6)Subsection (3)(b) does not limit the conditions the chief executive may impose under section 173(7).

s 173A ins 2016 No. 28 s 59

174What is an approved device

An approved device is a tag or other identifying device or mark that—

(a)may be fitted to a special designated animal for use in distinguishing the special designated animal from all other animals; and

(b)complies with the technical requirements decided by the chief executive as applying to tags or other identifying devices or marks to be fitted to special designated animals.

175Meaning of fit

For this part—

fit, to an animal, other than in relation to a tag, includes the following—

(a)brand or tattoo the animal;

(b)insert into the animal.

176Chief executive may approve different devices for different animals or circumstances

(1)The chief executive may decide different specifications for approved devices to be fitted to different types of special designated animals.

(2)The specifications must state the technical requirements for a device and may also provide for any of the following—

(a)the type of special designated animal to which the device may be fitted;

(b)the circumstances that must apply to a special designated animal before the device may be fitted to the animal;

(c)the purposes for which the device may be fitted to a special designated animal.

(3)The chief executive must publish the specifications on the department’s website.

(4)In deciding the specifications, the chief executive must, to the greatest practicable extent, comply with the provisions of a relevant code of practice, including, for example, provisions about the following—

(a)the testing of tags for suitability for fitting to an animal;

(b)the purposes of different types of tags;

(c)the positioning of tags fitted to special designated animals;

(d)conditions for the re-use, recycling and destruction of tags.

177What is a suitable approved device

An approved device is a suitable approved device for a special designated animal if it is suitable to be fitted to the animal having regard to the specifications decided by the chief executive for the device.

178Only suitable approved device to be fitted

(1)A person must not fit an approved device to a special designated animal if the device is not a suitable approved device for the animal.

Maximum penalty—100 penalty units.

(2)A person does not commit an offence against subsection (1) if the person—

(a)did not know, and ought not reasonably to have known, that the device was not a suitable approved device; or

(b)has a reasonable excuse for fitting the device.

179Approved device requirement

(1)This section applies to a person if—

(a)the person is a registrable biosecurity entity; and

(b)the biosecurity circumstance for which the person is a registrable biosecurity entity is or includes the keeping of a special designated animal at a place (the place of origin).

(2)The person must ensure that, if the special designated animal is moved from the place of origin, the animal is fitted with a suitable approved device for the animal unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)Subsection (2) applies even if the person is not a registered biosecurity entity for the keeping of the special designated animal.

180Exemptions from approved device requirement

A person does not commit an offence against the approved device requirement in relation to the movement of a special designated animal if—

(a)all of the following apply—

(i)the movement of the special designated animal is to a place that is a neighbouring place to the place of origin;

(ii)the movement is for ordinary animal management purposes only;

Examples of ordinary animal management purposes—

dipping, branding and vaccinating

(iii)the person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or

(b)the lack of the fitted suitable approved device applies only for the first part of the movement, and the first part of the movement is to a place—

(i)that is a neighbouring place to the place of origin; and

(ii)that is a place where the approved device can be fitted; or

Example—

The neighbouring place, unlike the place of origin, is equipped with appropriate facilities for fitting the approved device.

(c)the special designated animal is a goat and all of the following apply—

(i)the first part of the movement of the animal is direct from a place where it is living in a wild state to a place (a sorting place) where it is held for the purposes of collection and sorting;

(ii)the second part of the movement of the animal is direct from the sorting place to a meat processing facility;

(iii)the movement otherwise complies with the movement requirements prescribed under a regulation; or

(d)the special designated animal is a goat or pig and all of the following apply—

(i)the first part of the movement of the animal is direct to a sporting event from a place (the relevant place);

(ii)no other animals are present at the sporting event, other than goats and pigs from the relevant place;

(iii)the second part of the movement of the animal is direct from the sporting event to the relevant place; or

Examples of a sporting event—

billy goat race, pig race

(e)the person holds an approval (a travel approval) for the movement and all conditions of the travel approval are complied with.

181Obtaining a travel approval

(1)A person may apply to the chief executive for a travel approval for the movement of a special designated animal.

(2)The application must be in the approved form.

(3)The chief executive may grant the travel approval only if the chief executive is satisfied that—

(a)the special designated animal can be traced under the NLIS; and

(b)the movement does not pose a biosecurity risk.

(4)The chief executive may ask the applicant for further information or documents to decide the application.

(5)The chief executive must grant the travel approval, with or without conditions, or refuse the travel approval.

(6)If the chief executive decides to grant the travel approval without conditions, the chief executive must give the applicant a written travel approval.

(7)If the chief executive decides to grant the travel approval on conditions, the chief executive must give the applicant—

(a)a written travel approval that includes the conditions; and

(b)an information notice for the decision to grant the approval on the conditions.

(8)If the chief executive decides to refuse to grant the travel approval, the chief executive must give the applicant an information notice for the decision to refuse.

182Failure to decide travel approval application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide an application under section 181 within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if the chief executive has, under section 181(4), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

183Definitions for div 3

In this division—

prescribed information means the information prescribed under a regulation for a reporting requirement.

reporting requirement means a requirement under this division to give the NLIS administrator information about a special designated animal.

restricted agricultural show means an agricultural show to which at least 1 of the following apply—

(a)the duration of the agricultural show is no more than 96 hours;

(b)there are not more than 500 special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show at any 1 time;

(c)all special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show have most recently been kept at the same place.

184Meaning of moving from another place

A reference in this division to a person taking delivery at a place of an animal that has been moved to the place from another place includes a reference to an animal that has been moved to the place where delivery is taken on a movement that did not involve its delivery to any other person.

Example—

An animal is moved along stock routes and is returned to the place where it started.

185Application of sdiv 2

This subdivision applies if—

(a)a person (the receiver) takes delivery at a place of a special designated animal that has been moved to the place from another place; and

(b)under the approved device requirement, the animal was required, for the movement, to be fitted with an approved device; and

(c)on the taking of delivery of the animal, the receiver is, or becomes, a registrable biosecurity entity for the keeping of the animal.

186Special designated animal delivered to meat processing facility

(1)If the receiver takes delivery of the special designated animal at a meat processing facility, the receiver must, unless the receiver has a reasonable excuse—

(a)within 48 hours after taking delivery of the animal at the facility, give the NLIS administrator the prescribed information; and

(b)within 48 hours after the slaughter of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(2)Subsection (1)(a) does not apply if, on taking delivery of the animal at the meat processing facility, the receiver reasonably expects the animal to be slaughtered within 5 days after its arrival.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191.

2For other exceptions to the reporting requirement under this section, see section 192.

187Special designated animal delivered to saleyard or live export holding          

If the receiver takes delivery of the special designated animal at a saleyard or live export holding, the receiver must, unless the receiver has a reasonable excuse—

(a)within 48 hours after taking delivery of the animal at the saleyard or live export holding, give the NLIS administrator the prescribed information; and

(b)within 48 hours after the animal is moved from the saleyard or from the live export holding to a place outside Australia, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191.

2For exceptions to the reporting requirement under this section, see section 192.

188Special designated animal delivered to restricted agricultural show          

(1)This section applies if—

(a)the special designated animal is fitted with an approved device that includes a microchip; and

(b)the receiver takes delivery of the animal in the receiver’s capacity as an entity that organises or otherwise holds an event that is a restricted agricultural show; and

(c)the animal will remain at the restricted agricultural show only for the period reasonably necessary for the animal’s use in the restricted agricultural show, unless the receiver has a reasonable excuse for keeping the animal at the restricted agricultural show for a longer period.

(2)The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191.

2For exceptions to the reporting requirement under this section, see section 192.

189Special designated animal moved from restricted agricultural show          

(1)This section applies if—

(a)the special designated animal is fitted with an approved device that includes a microchip; and

(b)the receiver takes delivery of the animal at the place and the place is not a show place; and

(c)the animal has been moved to the place from a show place (the relevant show place).

(2)The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(3)However, the receiver is not required to comply with subsection (2) if the special designated animal leaves the relevant show place and returns to the place where the animal was most recently kept before it was present at any show place.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191.

2For other exceptions to the reporting requirement under this section, see section 192.

(4)In this section—

show place means a place for the holding of a restricted agricultural show.

190Special designated animal delivered to another place

(1)This section does not apply if any of sections 186 to 189 apply.

(2)If the receiver takes delivery of the special designated animal at the place, the receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(3)However, the receiver is not required to comply with subsection (2) to the extent the receiver takes delivery of the special designated animal in the receiver’s capacity as—

(a)an owner or occupier of the place that is a place on which the animal is agisted if the owner or occupier is not the owner of the animal; or

(b)a conveyor or drover of the animal.

(4)If subsection (3) applies, the responsible person for the special designated animal must, unless the responsible person has a reasonable excuse, within 48 hours after the receiver takes delivery of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191.

2For other exceptions to the reporting requirement under this section, see section 192.

(5)In this section—

responsible person, for a special designated animal, means the person who at law has title to the animal, or who otherwise has final responsibility for the animal.

191Timing for reporting if receiver becomes registrable entity on taking delivery

(1)This section applies if, on the taking of delivery of the special designated animal, the receiver becomes a registrable biosecurity entity for the keeping of the animal but has not yet obtained registration under part 2 of this chapter.

(2)The period of 48 hours mentioned in each of sections 186 to 190 does not start until the receiver obtains the registration.

192Exceptions to reporting requirements

Sections 186 to 190 do not apply if—

(a)a person has advised the NLIS administrator of the relevant prescribed information before the special designated animal is moved to or from the place; or

(b)the special designated animal, because of the approved device requirement, is required to be fitted with a suitable approved device that includes a microchip but the animal is not fitted with the device before the receiver takes delivery of the animal at the place.

193Particular special designated animal not fitted with suitable approved device

(1)This section applies if—

(a)a person (the relevant person) takes delivery at a place of a special designated animal that has been moved from another place; and

(b)because of the approved device requirement, the animal should have been fitted with a suitable approved device at some time before the relevant person took delivery; and

(c)the animal is not fitted with a suitable approved device.

(2)The relevant person must, within 24 hours after taking delivery of the special designated animal, and unless the relevant person has a reasonable excuse, advise an inspector of the circumstances mentioned in subsection (1).

Maximum penalty—100 penalty units.

(3)The relevant person must comply with all reasonable directions the inspector gives the relevant person for ensuring appropriate identification of the special designated animal unless the relevant person has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)Without limiting subsection (3), reasonable directions may include a direction for the relevant person to fit the special designated animal with an approved device.

(5)A person is not required to comply with subsection (2) to the extent the person takes delivery of the special designated animal in the person’s capacity as a conveyor or drover of the animal.

(6)It is not a reasonable excuse for the relevant person to fail to comply with subsection (2) or (3) that the relevant person is not a registered biosecurity entity for the keeping of the special designated animal.

194Movement record requirement

(1)This section applies to a person (the relevant person) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.

(2)The relevant person must ensure that, if the animal is moved from the place where the animal is kept—

(a)there is created, before the movement starts, a record of the proposed movement (the movement record) in the appropriate form; and

(b)if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

Maximum penalty—200 penalty units.

(3)The relevant person is not required to comply with subsection (2) if—

(a)the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and

(b)the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and

(c)the movement does not require a biosecurity instrument permit.

(3A)Also, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.

(4)Subsection (5) applies to the conveyor or drover of an animal for a movement if, under this section—

(a)a movement record is required for the movement; and

(b)the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

(5)The conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

Maximum penalty—200 penalty units.

(6)A single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.

(7)A person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(8)In this section—

exhibited animal authority see the Exhibited Animals Act 2015, section 29.

s 194 amd 2015 No. 5 s 277

195Appropriate form of movement record

(1)For the movement record requirement, a movement record that relates to the movement of a designated animal is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information—

(a)the name of the person completing the record;

(b)details sufficient to identify the place from which the designated animal is being moved;

(c)where the designated animal is being moved to, and the name and address of the person who is to receive the animal;

(d)the proposed date of the movement of the designated animal;

(e)the species and breed of the designated animal;

(f)a description of the designated animal or, if the animal is part of a group of designated animals that are moved from the place where the animals are kept, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(g)other information prescribed under a regulation.

(2)Also, to be in the appropriate form, a movement record for a designated animal that is a special designated animal must—

(a)be signed by the individual completing the record unless the record is created and kept only in electronic form; and

(b)bear a serial number that is unique for the record; and

(c)state the PIC shown on any approved device that does not include a microchip that is fitted to the animal.

(3)A single document, whether in hard copy or electronic form, may be used for more than 1 movement record if the movements relate to a designated animal other than a special designated animal.

196Relaxation of movement record requirement for multiple conveyances          

(1)Nothing in this division is intended to stop 2 or more special designated animals being included in the 1 movement record if all the animals are conveyed between the same places at the same time.

(2)However, subject to subsections (3) to (6), special designated animals may be conveyed under a single movement record even though there are 2 or more conveyances.

(3)All the special designated animals must leave the same starting point within a period of 24 hours.

(4)The driver of each vehicle conveying any of the special designated animals must carry a certificate—

(a)either in hard copy or electronic form; and

(b)signed by a person required or authorised to create the movement record unless the certificate is in electronic form.

(5)The certificate must—

(a)state the number of special designated animals on the vehicle; and

(b)identify the movement record relating to the movement of all the special designated animals; and

(c)state the start and end points for the movement that are to appear on the movement record.

(6)The movement record must be completed before the first of the special designated animals leaves the starting point for the movement.

197Keeping and producing movement record

(1)This section applies to a person (the relevant person) who is required under the movement record requirement to ensure a movement record is created.

(2)The relevant person must, unless the person has a reasonable excuse—

(a)if the designated animal is a special designated animal—keep a copy of the movement record for 5 years after the movement started; or

(b)otherwise—keep the movement record for 2 years after the movement started.

Maximum penalty—200 penalty units.

(3)The relevant person must, at any time in the period that applies under subsection (2), unless the person has a reasonable excuse, produce the copy or record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

198Movement record for receiving designated animal

(1)Subsections (2) and (3) apply if—

(a)a designated animal is moved from 1 place to another; and

(b)under this division, a movement record is required to be completed for the movement; and

(c)the relevant person under the movement record requirement is required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record.

(2)A person must not accept delivery of the animal, or, if the movement record requirement is relaxed under section 196, must not accept delivery of the animals, at the completion of the movement, unless the person also takes delivery of a copy of the movement record.

Maximum penalty—200 penalty units.

(3)A person who takes delivery of a copy of a movement record as required under subsection (2) must keep the copy for 5 years after the movement started.

Maximum penalty—200 penalty units.

(4)Subsection (5) applies if—

(a)a designated animal is moved from 1 place to another; and

(b)under this division, a movement record is required to be created for the movement; and

(c)the relevant person under the movement record requirement is not required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record.

(5)A person who accepts delivery of the animal at the end of the movement must create, and keep for 2 years after the movement started, a record complying with subsection (6).

Maximum penalty—200 penalty units.

(6)The record may be a document in hard copy or electronic form and must show the following—

(a)the name of the person completing the record;

(b)details sufficient to identify the place from which the designated animal was moved;

(c)where the animal was moved to, and the name and address of the person who received the animal;

(d)when the movement of the animal happened;

(e)the species and breed of the animal;

(f)a description of the designated animal or, if the animal is part of a group of designated animals that are moved, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(g)other information prescribed under a regulation.

(7)A person required to keep the copy of a movement record for a period under subsection (3), or a record for a period under subsection (5), must, at any time in the period, produce the copy or record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

(8)A person who fails to comply with subsection (2), (3), (5) or (7) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(9)A person is not required to comply with subsection (5) if the person accepts delivery of the animal in the person’s capacity as a person having responsibility for the organisation and operation of an agricultural show and is required under section 199 to keep a record in relation to the animal.

199Show organiser to record designated animal movements

(1)A person (the relevant person) having responsibility for the organisation and operation of an agricultural show must keep, for 2 years after a designated animal arrives at the agricultural show, a record in the appropriate form for the designated animal.

Maximum penalty—200 penalty units.

(2)For subsection (1), a record is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information for a designated animal—

(a)where the designated animal came from;

(b)when the designated animal arrived at the agricultural show;

(c)when the designated animal left the agricultural show;

(d)a description of the designated animal or, if the animal is part of a group of designated animals that arrived at the agricultural show, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(e)the name and address of the person who kept the designated animal immediately before the animal arrived at the agricultural show;

(f)the name and address of the person who will be keeping the designated animal immediately after the animal leaves the agricultural show;

(g)for a designated animal fitted with an approved device that does not include a microchip—the PIC shown on the device for the animal;

(h)for a designated animal that participated in an event at the agricultural show—the date of the event.

(3)The relevant person is required to comply with subsection (1) whether or not the person is a registrable biosecurity entity for the keeping of the designated animal, and whether or not the person is required to comply with the movement record requirement for any movement of the designated animal.

(4)A person who fails to comply with subsection (1) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(5)This section applies to a designated animal that is caused to be present at the agricultural show at any time for the purpose, whether or not the purpose is fulfilled, of being exhibited at the show or of participating in an event at the show.

200False, misleading or incomplete movement record

A person who is required under the movement record requirement to ensure a movement record is created must, unless the person has a reasonable excuse, ensure the movement record does not contain information that the person knows or ought reasonably to know is false, misleading or incomplete in a material particular.

Maximum penalty—200 penalty units.

201Supply of device for use as an approved device

(1)A person must not supply to another person a device of any kind for use as an approved device if the person knows, or ought reasonably to know, the device is not an approved device.

Maximum penalty—200 penalty units.

Example of a circumstance where a person ought reasonably to know a device is not an approved device—

The chief executive’s specifications for a type of device require the PIC of the place where an animal is to be kept to be recorded on the type of device but a device of that type is supplied without the PIC recorded.

(2)A person (the supplier) must not supply to another person (the purchaser), other than the State, a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.

Maximum penalty—200 penalty units.

(3)A person (also the purchaser) must not receive from another person (also the supplier) a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.

Maximum penalty—200 penalty units.

(4)A person (also the supplier) who supplies to another person (also the purchaser), other than the State, a device of any kind for use as an approved device must—

(a)make a record of the following information—

(i)the name and address of the purchaser;

(ii)the day the device was supplied to the purchaser;

(iii)any PIC recorded on or shown by the relevant device;

(iv)if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total;

(v)if the written order for the supply of the device has an expiry date—the expiry date; and

(b)keep the record for 5 years after the date of supply; and

(c)at any time in the 5 years mentioned in paragraph (b), unless the supplier has a reasonable excuse, produce the record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

202Restriction on applying or removing approved device

(1)A person must not fit an approved device (the new approved device) to a special designated animal that is already fitted with an approved device (the existing approved device) that is in the form of a tag unless—

(a)the existing approved device is first removed from the special designated animal as authorised under this section; or

(b)under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.

Maximum penalty—100 penalty units.

(2)A person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if—

(a)an inspector authorises the removal; or

(b)the device is malfunctioning and needs to be replaced; or

(c)under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or

(d)the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or

(e)the special designated animal is dead and the animal’s owner removes the tag; or

(f)the removal of the device is authorised under a regulation.

(3)A person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2).

Maximum penalty—100 penalty units.

(4)Subsection (5) applies to a person if—

(a)the person removes an approved device (also the existing approved device) from a special designated animal under subsection (2)(a), (b) or (c); and

(b)a suitable approved device for the special designated animal (also the new approved device) is fitted to the animal in its place.

(5)The person must, within 48 hours after removing the existing approved device, advise the NLIS administrator of—

(a)the serial number of the new approved device; and

(b)if the existing approved device includes a microchip—the RFID number of the microchip; and

(c)the PIC of the place where there is kept the special designated animal to which the device is to be fitted.

Maximum penalty—100 penalty units.

203Restrictions on altering, defacing or destroying approved device

(1)A person must not alter or deface an approved device or allow an approved device to be altered or defaced, unless—

(a)the alteration or defacing happens because of the removal of the device from a special designated animal; and

(b)the removal is permitted or required under this Act.

Maximum penalty—200 penalty units.

(2)A person must not destroy an approved device, or allow an approved device to be destroyed, unless—

(a)the destruction happens because of the removal of the device from a special designated animal and the removal is permitted or required under this Act; or

(b)the destruction—

(i)happens before the device is fitted to any special designated animal; or

(ii)is otherwise permitted or required under this Act.

Maximum penalty—200 penalty units.

(3)A person does not commit an offence against subsection (1) if the person has a reasonable excuse for performing or allowing the alteration or defacement.

(4)In this section—

alter, an approved device, includes, for an approved device that is in the form of an electronic tag, doing anything that causes the device to malfunction.

204Requirement to destroy removed approved device

(1)This section applies if a person, as permitted or required under this Act, removes from a special designated animal an approved device fitted to the animal.

(2)The person must, as soon as reasonably practicable after the removal, destroy the approved device.

Maximum penalty—100 penalty units.

(3)However, if the specifications decided by the chief executive for the approved device allow for the recycling or re-use of the device, the person does not commit an offence against subsection (2) if the person, within a reasonable period, takes steps to recycle or re-use the device in compliance with any requirements stated in the specifications.

(4)If, having regard to subsection (3) the approved device is not destroyed as otherwise required under subsection (2), the person must, until the approved device is recycled or re-used, take reasonable steps to ensure the device is kept secure against theft.

Maximum penalty—100 penalty units.

205Approval to use different PIC for approved device for special designated animal

(1)A registered biosecurity entity for the keeping of special designated animals, other than the operator of a saleyard, may apply to the chief executive for approval for the approved devices that are to be fitted to the animals to have recorded on them the PIC of a place other than the place where the special designated animals are kept.

(2)The application must be written and state the serial numbers of the approved devices.

(3)The chief executive must advise the applicant of the chief executive’s decision on the application, and if the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.

206Evidentiary certificates for biosecurity register and NLIS database             

(1)This section applies to a proceeding under or relating to this Act.

(2)A certificate purporting to be signed by the chief executive stating that a stated document is a copy of all or part of any of the following on a stated day or during a stated period, is evidence of the matters stated in the document on the day or during the period—

(a)the biosecurity register;

(b)the database for the NLIS.

207Person must not give false or misleading information to NLIS administrator

A person who under this Act is required to give information to the NLIS administrator must not, unless the person has a reasonable excuse, give the NLIS administrator information that the person knows or ought reasonably to know is false or misleading in a material particular.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

208Issue of prohibited and restricted matter permits

The chief executive may issue prohibited matter permits and restricted matter permits under this chapter.

209What is a prohibited matter permit

A prohibited matter permit is a permit that authorises stated dealings with stated prohibited matter.

210What is a restricted matter permit

A restricted matter permit is a permit that authorises stated dealings with stated restricted matter.

211Types of prohibited matter permits

The only types of prohibited matter permits that the chief executive may issue are the following—

(a)a scientific research (prohibited matter) permit;

(b)a controlled dealings (prohibited matter) permit;

(c)another type of prohibited matter permit prescribed under a regulation.

212Types of restricted matter permits

The only types of restricted matter permits that the chief executive may issue are the following—

(a)a biological control permit;

(b)a commercial use permit;

(c)a scientific research (restricted matter) permit;

(d)another type of restricted matter permit prescribed under a regulation.

213What is a permit plan for prohibited or restricted matter

(1)A permit plan, for prohibited matter or restricted matter, is a plan given to the chief executive by the applicant for a prohibited matter or restricted matter permit about how the applicant proposes to deal with the prohibited or restricted matter the subject of the proposed permit.

(2)A permit plan for prohibited or restricted matter must—

(a)identify potential biosecurity risks likely to arise because of the proposed dealing with the prohibited or restricted matter under the permit; and

(b)state the ways in which the applicant for the permit intends to minimise the biosecurity risks; and

(c)contain other information, relating to the control of biosecurity risks, prescribed under a regulation.

(3)Also, if a permit plan relates to restricted matter, and the restricted matter would, in the absence of the proposed permit, be required to be disposed of or destroyed, the permit plan must state how the restricted matter is to be disposed of or destroyed before the term of the permit ends.

214Applying for permit

(1)A person may apply to the chief executive for a prohibited matter permit or restricted matter permit.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by—

(i)a permit plan for the prohibited matter or restricted matter under the proposed permit; and

(ii)the application fee prescribed under a regulation.

(3)If the application is for a scientific research (prohibited matter) permit, there must be included with the application—

(a)a document showing that the proposed dealings with prohibited matter will be conducted in a facility that has been approved, certified or registered to perform the dealings by an authority prescribed under a regulation; and

(b)a detailed research proposal.

(4)The applicant may withdraw the application at any time before the permit is issued.

(5)The application fee that accompanied the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn under this chapter.

(6)However, the chief executive may waive payment of the application fee if the chief executive is satisfied—

(a)the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and

(b)the applicant will not derive any financial benefit from the dealings; and

(c)the chief executive will be advised of the progress and outcomes of the dealings.

215Inquiry about application

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to hold the prohibited matter or restricted matter permit; and

(b)may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

216Suitability of person to hold permit

In deciding whether the applicant is a suitable person to hold the prohibited matter or restricted matter permit, the chief executive may have regard to the following—

(a)whether the applicant has been refused a prohibited matter or restricted matter permit under this Act or a similar permit under a repealed Act or a corresponding law to this Act;

(b)whether the applicant held a prohibited matter or restricted matter permit under this Act, or a similar permit under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;

(c)whether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction;

(d)any other matter the chief executive considers relevant to the person’s ability to deal with prohibited or restricted matter under the permit applied for, including the applicant’s capacity to comply with any conditions of the permit.

217Consideration of application

The chief executive must consider the application and grant, grant with conditions or refuse to grant the application.

218Decision on application

(1)If the chief executive decides to grant the application, the chief executive must issue the permit to the applicant.

(2)If the chief executive refuses to grant the application, or agrees to grant the application on conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse or to grant on conditions.

219Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for a prohibited matter permit or restricted matter permit; and

(b)the chief executive has, under section 215(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

220Criteria for decision

(1)The chief executive may grant the application only if satisfied—

(a)the applicant is a suitable person to hold the prohibited matter or restricted matter permit; and

(b)potential biosecurity risks posed by the proposed dealings with prohibited matter or restricted matter under the permit can be managed under the permit plan for the application in a way that has appropriate regard to biosecurity considerations.

(2)The chief executive must also be satisfied—

(a)if the application is for a scientific research (prohibited matter) permit—the proposed dealings with the prohibited matter will be conducted—

(i)in a facility that has been approved, certified or registered to perform the dealings; and

(ii)by an authority prescribed under a regulation; or

(b)if the application is for a controlled dealings (prohibited matter) permit—

(i)an inspector has been advised, under section 36, of the presence of biosecurity matter that is prohibited matter; and

(ii)the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.

221Particular matters for scientific research (prohibited matter) permit             

(1)In deciding an application for a scientific research (prohibited matter) permit, the chief executive must have regard to the following—

(a)any standards, codes of practice or guidelines identified under a regulation;

Example—

A regulation might identify an Australian Standard regarding engineering requirements for laboratories or a code of practice regarding calibrations and testing in laboratories.

(b)the likelihood of any significant advances in scientific knowledge being gained because of the research to be conducted under the permit;

(c)other matters relevant to the conduct of scientific research conducted under a prohibited matter permit and prescribed under a regulation.

(2)Subsection (1) does not limit the matters to which the chief executive may have regard in deciding whether to issue a scientific research (prohibited matter) permit.

222Term of permit

A prohibited matter or restricted matter permit remains in force, unless sooner suspended or cancelled, for the term of not more than 3 years decided by the chief executive and stated in the permit.

223Conditions of permit decided by the chief executive

(1)A prohibited matter or restricted matter permit is subject to the conditions decided by the chief executive in deciding to grant the application for the permit.

(2)The conditions must be those the chief executive considers appropriate, having regard to—

(a)the prohibited matter or restricted matter to which the permit applies; and

(b)the nature of the proposed dealings with the prohibited or restricted matter under the permit.

(3)Without limiting subsection (2), conditions may be about any of the following—

(a)the required level of containment for the prohibited or restricted matter to which the permit applies;

(b)the scope of the permitted dealings with the prohibited or restricted matter;

(c)disposal of the prohibited or restricted matter;

(d)record-keeping requirements;

(e)reporting requirements;

(f)whether the permit can be transferred.

(4)The conditions decided by the chief executive must be included in the permit when the permit is issued or renewed.

224Other conditions applying to a permit

(1)It is a condition of a prohibited matter or restricted matter permit that the holder of the permit must allow an authorised officer to enter premises where the dealings under the permit are being undertaken to monitor—

(a)the dealings; and

(b)the holder’s compliance with the permit and this Act in relation to the dealings.

(2)A prohibited matter or restricted matter permit is also subject to any conditions prescribed under a regulation and applying to the permit.

(3)In this section—

premises does not include a place where a person resides.

225Application for renewal

(1)The holder of a prohibited matter or restricted matter permit may apply to the chief executive for renewal of the permit.

(2)The application must—

(a)be made within 60 days before the term of the permit ends; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed under a regulation.

(3)However, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214(6)(a) to (c).

(4)The chief executive must consider the application and decide to renew, or refuse to renew, the permit.

(5)In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for a prohibited matter or restricted matter permit is a suitable person to hold a prohibited matter or restricted matter permit.

(6)If the chief executive decides to refuse to renew the permit, or to impose conditions on the permit under section 223, the chief executive must as soon as practicable give the applicant an information notice for the decision.

(7)A permit may be renewed by the issuing of another permit to replace it.

226Inquiry about application

(1)Before deciding an application under this part for renewal of a person’s prohibited matter or restricted matter permit, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

227Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for renewal of the person’s prohibited matter or restricted matter permit; and

(b)the chief executive has, under section 226(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

228Permit continues pending decision about renewal

(1)If the holder of a prohibited matter or restricted matter permit applies for renewal of the permit under this part, the permit is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.

(2)Despite subsection (1), if the chief executive decides to refuse to renew the permit, or is taken to refuse to renew the permit, the permit continues in force until the information notice for the decision is given to the applicant.

(3)Subsection (1) does not apply if the permit is earlier suspended or cancelled.

229Direction to dispose of prohibited or restricted matter when permit cancelled

(1)This section applies if—

(a)the chief executive cancels a prohibited matter or restricted matter permit; and

(b)the holder of the permit is in possession of prohibited or restricted matter to which the permit relates.

(2)The chief executive may, by notice given to the holder, direct the holder to dispose of the prohibited or restricted matter in the way and by the reasonable date stated in the notice.

(3)The permit holder must comply with the notice unless the holder has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(4)Compensation is not payable for the disposal.

230Transfer of permit

(1)The holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee.

(2)An application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable.

(3)Whether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee.

(4)The chief executive may transfer a permit on an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in—

(a)the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and

(b)the dealings with the prohibited matter or restricted matter to which the permit relates.

Example—

The chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern.

(5)Also, the chief executive must be satisfied that the transferee—

(a)is a suitable person to hold the permit; and

(b)has the capacity to ensure that conditions of the permit are complied with.

(6)To decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216.

(7)The chief executive is taken to have refused to transfer the permit if the chief executive does not decide the application within 30 days after the chief executive receives the application.

(8)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

(9)A permit may be transferred by the issuing of another permit to replace it.

231Register of permits

(1)The chief executive must keep a register of prohibited matter and restricted matter permits.

(2)The register must contain the following particulars for each permit—

(a)the name of the permit holder;

(b)the term of the permit and its expiry date;

(c)the type of permit;

(d)other information the chief executive considers appropriate.

(3)The register must be published on the department’s website.

(4)On application by a person and payment of the fee prescribed under a regulation, the person may buy a copy of all or part of the information held in the register.

232Types of biosecurity programs

A biosecurity program is—

(a)a surveillance program; or

(b)a prevention and control program.

233What is a surveillance program

A surveillance program is a program directed at any of the following—

(a)monitoring compliance with this Act in relation to a particular matter to which this Act applies;

Examples—

•monitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland

•monitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone

•monitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland

(b)confirming the presence, or finding out the extent of the presence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;

(c)confirming the absence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;

(d)monitoring the effects of measures taken in response to a biosecurity risk;

(e)monitoring compliance with requirements about prohibited matter or restricted matter;

(f)monitoring levels of biosecurity matter or levels of biosecurity matter in a carrier.

Example—

monitoring levels of contaminants in animal feed

234What is a prevention and control program

A prevention and control program is a program directed at any of the following—

(a)preventing the entry, establishment or spread of biosecurity matter in an area that poses a significant biosecurity risk;

(b)managing, reducing or eradicating any biosecurity matter in an area that could pose a significant biosecurity risk.

235Authorising and carrying out biosecurity program 

(1)Any of the following may authorise and carry out a biosecurity program (a program authorisation)—

(a)the chief executive;

(b)a local government;

(c)the chief executive and 1 or more local governments, if the chief executive officer of each local government agrees;

(d)2 or more local governments, if the chief executive officer of each local government agrees;

(e)an invasive animal board if an operational area is prescribed for the board.

(2)A program authorisation must be authorised—

(a)for a program authorisation made by the chief executive—in writing; or

(b)for a program authorisation made by a local government—by a resolution of the local government; or

(c)for a program authorisation made by an invasive animal board—by a resolution of the board.

(3)However, a program authorisation for a prevention and control program may be made only if each relevant person for the program authorisation is satisfied—

(a)there is, or is likely to be, prohibited matter in an area; or

(b)there is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Examples of biosecurity matter that pose or are likely to pose a significant biosecurity risk—

•a colony of red imported fire ants

•a plague of locusts

•an infestation of water mimosa

(c)measures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Example of measures required to prevent the entry or establishment in an area of biosecurity matter—

surveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area

(d)after consultation with an industry group or community (each an interested entity), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.

(4)Each relevant person for a program authorisation must ensure that each authorised officer who is proposed by the relevant person to act under a biosecurity program is informed of the contents of the program authorisation for the program.

(5)A program authorisation—

(a)if given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or

(b)if given by an invasive animal board—may relate only to places in the board’s operational area.

(6)In this section—

relevant person, for a program authorisation, means any 1 or more of the following—

(a)if the chief executive authorised the program—the chief executive;

(b)if a local government authorised the program—the chief executive officer of the local government;

(c)if an invasive animal board authorised the program—the chairperson of the board.

236What program authorisation must state

(1)A program authorisation for a biosecurity program must state each of the following—

(a)the biosecurity matter to which the program relates;

(b)the purpose of the program;

(c)when the program starts;

(d)the period over which the program is to be carried out;

(e)for a biosecurity program that is a surveillance program—

(i)if the program is directed at monitoring compliance with this Act—

(A)objective criteria for selecting places to be entered and inspected; and

(B)a description of the area in which the places are situated; or

(ii)if the program is directed at deciding the presence or extent of the spread of biosecurity matter—

(A)the parts of the State to which it applies; and

(B)if the program applies only to a particular type of place in the State or a part of the State—a description of the type;

(f)for a biosecurity program that is a prevention and control program—

(i)the nature and extent of the program, including—

(A)the parts of the State to which it applies; and

(B)if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and

(ii)if a particular type of place is to be entered and inspected—a description of the type;

(g)the powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program;

Examples of a measure an authorised officer may take under a surveillance program—

•monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants

•use baits and lures to check for the presence of fruit fly in an area

•trap and test mosquitoes to find carriers of arboviruses

•take samples from cattle to decide the presence or absence of Johne’s disease

Examples of a measure an authorised officer may take under a prevention and control program—

•spray pesticides on a locust swarm

•vaccinate animals to slow the spread of equine influenza

•check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide

(h)the obligations that may be imposed upon a person who is an occupier of a place to which the program applies.

Examples of an obligation for paragraph (h)—

1A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.

2A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.

(2)The period over which a biosecurity program is to be carried out must be limited to the period reasonably necessary for achieving the program’s purpose.

s 236 amd 2015 No. 15 s 49; 2016 No. 28 s 60

237Giving a direction for prevention and control program

(1)An authorised officer may do the following, at any reasonable time and at a place situated in an area to which a prevention and control program applies—

(a)direct an occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates;

(b)destroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.

(2)Despite subsection (1)(a), the steps an occupier may be directed to take must be limited to those reasonably necessary for achieving the program’s purpose.

(3)When giving a direction under subsection (1)(a), the authorised officer must give the occupier an offence warning for the direction.

(4)This section—

(a)is subject to section 255; and

(b)does not limit the powers of an authorised officer under chapter 10.

Note—

See the following provisions in chapter 10 about powers of authorised officers—

•section 255 for limitations on the powers of authorised officers

•part 2 for the power to enter places

•part 4 for the general powers that can be exercised after entering places.

s 237 amd 2015 No. 15 s 50

238Failure to comply with direction

(1)An occupier of a place must comply with a direction under section 237 unless the occupier has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence against subsection (1) if the person is not given an offence warning for the direction.

239Consultation about proposed biosecurity program

(1)The chief executive must, before authorising a biosecurity program, consult with the local government for the area to which the program applies.

(2)A local government must, before authorising a biosecurity program, consult with—

(a)the chief executive; and

(b)an invasive animal board—

(i)with an operational area in or adjoining the local government’s area; and

(ii)responsible for the management of an invasive animal that is biosecurity matter to which the program applies.

(3)An invasive animal board must, before authorising a biosecurity program, consult with—

(a)the chief executive; and

(b)a local government with responsibility for an area in or adjoining the board’s operational area.

240Notice of proposed biosecurity program

(1)At least 14 days before a biosecurity program starts, the following must give notice of the program—

(a)if the chief executive authorised the program—the chief executive;

(b)if a local government authorised the program—the chief executive officer of the local government;

(c)if an invasive animal board authorised the program—the chairperson of the board.

(2)If more than 1 entity mentioned in subsection (1) authorised the program, only 1 of the persons required to give notice under the subsection must give notice of the program.

(3)The notice must—

(a)be given to each department or government owned corporation responsible for land in the area to which the biosecurity program relates, including by electronic means; and

Examples—

by post, telephone, email

(b)be published on—

(i)if the chief executive authorised the biosecurity program—the department’s website; or

(ii)if the local government authorised the biosecurity program—the local government’s website; or

(iii)if an invasive animal board authorised the biosecurity program—the board’s website.

(4)The notice also may be published in another way the person giving the notice considers appropriate, including, for example, by radio or television in the area to which the biosecurity program applies.

(5)However, failure to give the notice to an entity under subsection (3)(a), or to publish the notice under subsection (3)(b), does not affect the validity of the biosecurity program.

(6)The notice must state each of the following—

(a)the purpose and scope of the biosecurity program;

(b)when the biosecurity program starts;

(c)the period over which the biosecurity program is to be carried out;

(d)if the biosecurity program is authorised by the chief executive—

(i)that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and

(ii)the price of a copy of the program;

(e)if the biosecurity program is authorised by a local government—

(i)the name of the local government; and

(ii)that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and

(iii)the price of a copy of the program;

(f)if the biosecurity program is authorised by an invasive animal board—

(i)the name of the board; and

(ii)that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and

(iii)the price of a copy of the program.

(7)The price of a copy of the program authorisation for a biosecurity program must be no more than the cost of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost.

241Access to authorisation

From the start of a biosecurity program until the end of the program, copies of the program authorisation for the program must be available for inspection or purchase at—

(a)if the program is authorised by the chief executive—the department’s head office and the department’s regional offices, if any, in the area to which the program applies; and

(b)if the program is authorised by a local government—the local government’s public office; and

(c)if the biosecurity program is authorised by an invasive animal board—the board’s public office.

242Appointment and qualifications

(1)The chief executive may, by instrument in writing, appoint any of the following persons as inspectors—

(a)a public service employee;

(b)an employee of the Commonwealth or another State whose employment ordinarily involves matters about biosecurity;

(c)a person who performs functions related to matters about biosecurity under a law of another country;

(d)a veterinary surgeon under the Veterinary Surgeons Act 1936;

(e)a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act;

(f)other persons or members of a class of persons prescribed under a regulation.

(2)However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is appropriately qualified.

243Appointment conditions and limit on powers

(1)An inspector holds office on any conditions stated in—

(a)the inspector’s instrument of appointment; or

(b)a signed notice given to the inspector; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.

(3)In this section—

signed notice means a notice signed by the chief executive.

244When office ends

(1)The office of a person as an inspector ends if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the office ends;

(c)the inspector’s resignation under section 245 takes effect.

(2)Subsection (1) does not limit the ways the office of a person as an inspector ends.

(3)In this section—

condition of office means a condition under which the inspector holds office.

245Resignation

(1)An inspector may resign by signed notice given to the chief executive.

(2)However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.

246Appointment and qualifications

(1)The chief executive may appoint any of the following persons as an authorised person—

(a)a public service employee;

(b)a person or member of a class of persons prescribed under a regulation;

(c)a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act.

(2)The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area—

(a)an employee of the local government;

(b)if another local government consents—an employee of the other local government;

(c)another person who has entered into a contract, or is employed by an entity that has entered into a contract, with the local government to perform a function under this Act.

(3)The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, 1 of the local governments to be an authorised person for the local governments’ areas.

(4)An invasive animal board may appoint a person as an authorised person.

(5)However, the chief executive, a chief executive officer or an invasive animal board may appoint a person as an authorised person only if the chief executive, the chief executive officer or invasive animal board is satisfied the person is appropriately qualified.

(6)An appointment under this section must be made by written instrument.

247Appointment conditions and limit on powers

(1)An authorised person holds office on any conditions stated in—

(a)the authorised person’s instrument of appointment; or

(b)a signed notice given to the authorised person; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.

(3)In this section—

signed notice means a notice signed by the administering executive.

248When office ends

(1)The office of a person as an authorised person ends if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the office ends;

(c)the authorised person’s resignation under section 249 takes effect.

(2)Subsection (1) does not limit the ways the office of a person as an authorised person ends.

(3)In this section—

condition of office means a condition under which the authorised person holds office.

249Resignation

(1)An authorised person may resign by signed notice given to the administering executive.

(2)For subsection (1), if a person is appointed as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to 1 of the chief executive officers.

(3)However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.

250Purpose of division

(1)The purpose of this division is to make special provision for—

(a)the appointment of police officers as inspectors under this Act; and

(b)the appointment, as authorised persons under this Act, of persons appointed under TORUM as authorised officers or accredited persons.

(2)This division does not limit any power the chief executive may have—

(a)under division 1, to appoint, subject to the Police Powers and Responsibilities Act 2000, section 13, a police officer as an inspector under this Act; or

(b)under division 2, to appoint an authorised officer or accredited person under TORUM as an authorised person under this Act.

251Regulation may appoint prescribed class of police officer

(1)A regulation under this Act may provide that each police officer of a class described in the regulation is an inspector under this Act.

Example of regulation—

A regulation may declare that each police officer who is for the time being a member of the unit of the police service known as the stock investigation squad is an inspector under this Act.

(2)A police officer of the class described in the regulation is an inspector under this Act without further appointment.

(3)A regulation under subsection (1) does not limit the operation of the Police Powers and Responsibilities Act 2000, section 14 in relation to the exercise by a police officer of the powers of an inspector under this Act.

(4)However, subsection (3) does not prevent a regulation under subsection (1) from also limiting an inspector’s exercise of powers under this Act.

252Appointment of police officer as inspector for biosecurity emergency          

(1)This section applies for the purposes of a biosecurity emergency order.

(2)The chief executive may by notice signed by the chief executive and published on the department’s website provide that each police officer of a class described in the notice is an inspector under this Act for the purposes of implementation of the biosecurity emergency order.

(3)A police officer of the class described in the notice is an inspector under this Act without further appointment, but—

(a)only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and

(b)only for the purposes of the biosecurity emergency provisions identified in the notice.

(4)Subsection (3) does not limit what may be contained in the notice.

(5)A notice under subsection (2) does not limit the operation of the Police Powers and Responsibilities Act 2000, section 14 in relation to the exercise by a police officer of the powers of an inspector under the biosecurity emergency provisions.

(6)Before the chief executive makes a notice under subsection (2), the chief executive must consult with the commissioner of the police service about the contents of the proposed notice.

253Appointment of authorised officer or accredited person under TORUM as authorised person for biosecurity emergency

(1)This section applies for the purposes of a biosecurity emergency order.

(2)The chief executive may by notice signed by the chief executive and published on the department’s website provide that each person, other than a police officer, holding appointment as an authorised officer or accredited person under TORUM, chapter 3, part 2, and who is of a class described in the notice, is an authorised person under this Act for the purposes of implementation of the biosecurity emergency order.

(3)Each person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM, chapter 3, part 2 and who is of the class described in the notice is an authorised person under this Act without further appointment, but—

(a)only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and

(b)only for the purposes of the biosecurity emergency provisions identified in the notice.

(4)Subsection (3) does not limit what may be contained in the notice.

(5)Before the chief executive makes a notice under subsection (2), the chief executive must consult with the chief executive under TORUM about the contents of the proposed notice.

254Powers generally

(1)An authorised officer has the powers given under this Act.

(2)In exercising the powers, the authorised officer is subject to the directions of the administering executive.

255Powers of particular authorised officers limited

(1)An authorised person appointed by the chief executive officer of a local government or by the chief executive officers of 2 or more local governments may exercise the powers of an authorised person under this Act only—

(a)in the local government area or local governments’ areas; and

(b)in relation to invasive biosecurity matter for its area or their areas.

(2)An authorised person appointed by an invasive animal board may exercise the powers of an authorised person under this Act only—

(a)in an area within—

(i)if the board has an operational area—the operational area; or

(ii)otherwise—within 20m of the part of the barrier fence for which the board is responsible; and

(b)in relation to the invasive animal managed by the board.

(3)An authorised officer may exercise the powers of an authorised officer under this Act in relation to a biosecurity program only if the authorised officer is appointed by at least 1 of the entities that authorised the biosecurity program.

256Functions of authorised officers

(1)An authorised officer has the following functions—

(a)to investigate, monitor and enforce compliance with this Act;

(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;

(c)to facilitate the exercise of powers under this Act;

(d)to help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.

(2)Subject to this Act, an authorised officer may exercise the powers under this Act for the purpose of these functions.

257References to exercise of powers

If—

(a)a provision of this chapter refers to the exercise of a power by an authorised officer; and

(b)there is no reference to a specific power;

the reference is to the exercise of all or any authorised officers’ powers under this chapter or a warrant, to the extent the powers are relevant.

258Reference to document includes reference to reproductions from electronic document

A reference in this chapter to a document includes a reference to an image or writing—

(a)produced from an electronic document; or

(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.

259General power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier of the place consents under division 2 to the entry and section 267 has been complied with for the occupier; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised under a warrant and, if there is an occupier of the place, section 277 has been complied with for the occupier; or

(d)it is a place of business that is regulated under this Act and is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(iii)required under this Act to be open for inspection by an authorised officer; or

(e)the entry is authorised under section 260, 261, 262, 263 or 264.

(2)For subsection (1)(d) and (e), entry to a place does not include entry to a part of the place where a person resides (a residence) without the person’s consent or a warrant.

(3)The following do not form part of a residence—

(a)a carport, other than a carport to which access is restricted;

(b)the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;

(c)the area underneath the residence to which access is not restricted and no provision is made to restrict access;

(d)any other external part of the residence, including, for example, the residence’s gutters;

(e)land around the residence.

(4)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(5)If the power to enter is under a warrant, the power is subject to the terms of the warrant.

(6)The consent may provide consent for re-entry and is subject to the conditions of consent.

(7)If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.

(8)In this section—

regulated under this Act, for a place of business, means—

(a)the person who carries on business at the place holds, or is required to hold, an authority under this Act to carry on the business or a particular aspect of the business; or

(b)the place of business is, or is required to be, mentioned in an authority under this Act.

260Power to enter place to ascertain if biosecurity risk exists

(1)This section applies if an authorised officer reasonably believes there may be a biosecurity risk at a place.

(2)The authorised officer may, at reasonable times, enter the place to find out whether there is a biosecurity risk at the place.

Notes—

1See, however, the restrictions on entry under section 259(2).

2See section 269 for the procedure for entry under this section.

261Power to enter place under biosecurity program

(1)This section applies to a place situated in an area to which a biosecurity program applies.

(2)However, this section does not apply to the carrying out of an aerial control measure for biosecurity matter under section 294 that is authorised by a biosecurity program in relation to a place.

(3)An authorised officer may, at reasonable times, enter the place to take any action authorised by the biosecurity program.

Notes—

1See, however, the restrictions on entry under section 259(2).

2See section 270 for the procedure for entry under this section.

262Power to enter place to check compliance with biosecurity order 

(1)This section applies if a person has been given a biosecurity order for a biosecurity risk at a place.

(2)An authorised officer may, at reasonable times, enter the place to check whether the order has been complied with.

Notes—

1See, however, the restrictions on entry under section 259(2).

2See section 270 for the procedure for entry under this section.

263Power to enter place to take steps if biosecurity order not complied with

(1)This section applies if—

(a)a person has been given a biosecurity order for a biosecurity risk at a place or because a biosecurity risk may happen at a place; and

(b)the biosecurity order requires the person to take steps at the place to remove or reduce the biosecurity risk or prevent the biosecurity risk from recurring; and

(c)the person has failed to take the steps as required by the order.

(2)The issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place to take the steps stated in the order.

Notes—

1See, however, the restrictions on entry under section 259(2).

2See section 271 for the procedure for entry under this section.

264Power to enter place to take action required under direction

(1)This section applies if—

(a)an authorised officer gives a person a direction under this Act other than under a biosecurity order; and

Example of a direction under this Act—

a direction under a biosecurity program, a biosecurity emergency order or a movement control order

(b)the person fails to take the action required under the direction.

(2)The issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place the subject of the direction and take the action at the place that is required under the direction.

Notes—

1See, however, the restrictions on entry under section 259(2).

2See section 271 for the procedure for entry under this section.

265Application of div 2

This division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 259(1)(a).

266Incidental entry to ask for access

For the purpose of asking the occupier for the consent, the authorised officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

267Matters authorised officer must tell occupier

Before asking for the consent, the authorised officer must give a reasonable explanation to the occupier—

(a)about the purpose of the entry, including the powers intended to be exercised; and

(b)that the occupier is not required to consent; and

(c)that the consent may be given subject to conditions and may be withdrawn at any time.

268Consent acknowledgement

(1)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(2)The acknowledgement must state—

(a)the purpose of the entry, including the powers intended to be exercised; and

(b)the following has been explained to the occupier—

(i)the purpose of the entry, including the powers intended to be exercised;

(ii)that the occupier is not required to consent; and

(c)the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(d)the time and day the consent was given; and

(e)any conditions of the consent.

(3)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(4)However, if it is impractical for the authorised officer to give the occupier a copy of the acknowledgement immediately, the authorised officer must give the copy as soon as practicable.

(5)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)an acknowledgement complying with subsection (2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

269Entry of place under s 260

(1)This section applies to an authorised officer intending to enter a place under section 260.

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.

Note—

See division 2.

(3)If the occupier refuses to consent to the entry, the authorised officer must not enter the place unless the entry is under a warrant.

(4)If the authorised officer is unable to locate an occupier after making a reasonable attempt to do so, the authorised officer may enter the place.

(5)If the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.

270Entry of place under ss 261 and 262

(1)This section applies to an authorised officer intending to enter a place under section 261 or 262.

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.

Note—

See division 2.

(3)The authorised officer may enter the place if—

(a)the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the authorised officer enters the place under subsection (3)(a), the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to—

(a)produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and

(iii)if the entry relates to a biosecurity program—

(A)of any steps taken, or to be taken, under the biosecurity program; and

(B)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.

Note—

See, however, the restrictions on entry under section 259(2).

(5)If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4)(b).

271Entry of place under ss 263 and 264

(1)This section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263 or 264.

(2)The person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.

Note—

See division 2.

(3)The person may enter the place if—

(a)the person is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the person enters the place under subsection (3)(a), the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to—

(a)either—

(i)if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or

(ii)if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the person is authorised under this Act to enter the place without the permission of the occupier.

Note—

See, however, the restrictions on entry under section 259(2).

(5)If the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.

272Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.