Biosecurity Act 2014 (Qld)

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

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Biosecurity Act 2014.

2   Commencement

(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.

3   Simplified 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.

Part 2    Purposes of Act and achieving the purposes

4   Purposes 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.

5   How 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.

Part 3    Application and operation of Act

6   Scope 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.

7   Act 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.

8   General 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.

9   Relationship 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)Economic Development Act 2012;

(b)Fisheries Act 1994;

(c)Forestry Act 1959;

(d)Marine Parks Act 2004;

(e)Nature Conservation Act 1992;

(f)Planning Act 2016;

(g)Vegetation Management Act 1999.

10   Contravention 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.

11   Act 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.

12   Community 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.

Part 4    Interpretation

Division 1 Dictionary

13   Definitions

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

Division 2 Key concepts and definitions

14   What 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.

15   What 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.

16   What 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.

17   What 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.

18   What 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

19   What is prohibited matter

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

20   Prohibited 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.

21   What 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.

22   Restricted 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.

Chapter 2    Significant obligations and offences

Part 1    General biosecurity obligation

23   What 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

(4)For subsection (1), carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present.

24   General 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.

25   Effect 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.

26   Effect 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.

27   Aggravated 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.

28   Defence 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.

Part 2    Prohibited matter

Division 1 Establishing what is prohibited matter

29   Basic 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.

30   Prohibited 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.

31   Chief 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).

32   Matters 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.

33   Effect 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.

34   Requirement 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.

35   Up-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.

Division 2 Obligations relating to prohibited matter

36   Reporting 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.

37   Dealing 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.

Part 3    Restricted matter

Division 1 Establishing what is restricted matter

38   Basic 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.

39   Restricted 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.

40   Requirement 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.

41   Up-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.

Division 2 Obligations relating to restricted matter

42   Reporting 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 category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 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 category 1 or category 2 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.

43   Distributing 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)However, subsection (1) does not apply if—

(a)the category 3 restricted matter is an invasive plant; and

(b)an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal.

(3)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.

(4)However, subsection (3) does not apply if—

(a)a thing is infested with category 3 restricted matter that is an invasive plant; and

(b)an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal.

(5)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.

44   Requirement 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.

45   Offences 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.

Part 4    Other offences

45A   What 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

45B   What 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

46   Prohibitions 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.

46A   Prohibitions 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 or pest 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.

46B   Permission 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.

47   Notifiable 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.

Chapter 3    Matters relating to local governments

Part 1    Provisions about functions and obligations of local governments

48   Main 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;

(e)an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d), that—

(i)is provided for under a local law of the local government under subsection (4); and

(ii)in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.

(2)For subsection (1)(e)(ii), the local invasive biosecurity matter criteria for an invasive animal or invasive plant are—

(a)the animal or plant is currently present in the local government’s local government area; and

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

(3)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.

(4)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.

49   When 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.

50   Minister 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.

51   Chief 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.

52   Minister 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.

Part 2    Biosecurity plans for local government areas

53   Local 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.

54   Plan 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.

55   Local 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.

Part 3    Land Protection Fund

56   Continuation of Land Protection Fund

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

57   Purpose 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.

58   Payments 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.

59   Consultation 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.

60   Minister 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.

61   Minister 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.

Chapter 4    Invasive animal barrier fencing

Part 1    Invasive animal boards

Division 1 Establishment

62   What 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.

63   Legal 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.

64   Application 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.

65   Board’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.

66   Board’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.

67   Minister 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.

Division 2 Board directors

68   Control of board

The directors of an invasive animal board control the board.

69   Role 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.

70   Appointment 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.

71   Chairperson

(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.

72   Disqualification 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; or

(b)is, or has been, convicted of—

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

(ii)an offence against this Act.

73   Term 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.

74   Termination 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.

75   Vacation 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.

76   Disclosure 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.

77   Director to act in board’s interest

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

Division 3 Business and meetings

78   Conduct of business

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

79   Times 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.

80   Quorum

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.

81   Presiding 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.

82   Conduct 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.

83   Minutes

An invasive animal board must keep—

(a)minutes of its proceedings; and

(b)a record of its resolutions.

84   Fees and allowances

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

Division 4 Financial matters

85   Estimate 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.

86   Approval 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.

Division 5 Miscellaneous

87   Delegation

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

88   Annual 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.

Part 2    Barrier fences

Division 1 Identification of the barrier fence

89   What 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.

90   Who 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.

91   Barrier 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.

Division 2 Maintaining barrier fences

92   Building 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.

93   Maintaining 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.

94   Power 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.

(3)In this section—

relevant barrier fence part means the barrier fence part in the area to which the amended Act agreement applies.

129   Notice directing restoration of declared pest fence

(1)This section applies to a notice given before the commencement by a building authority under the amended Act, section 53 to restore a declared pest fence to the condition it was in before the fence was damaged or opened.

(2)From the commencement—

(a)the notice is taken to be a notice given under section 96 of the Act by the building authority (the new building authority) for the barrier fence part in the area to which the notice relates to restore the fence to the condition it was in before the fence was damaged or opened; and

(b)the stated day by which the fence must be restored continues to apply for the restoration; and

(c)the notice may be enforced by the new building authority.

130   Pest control notices

(1)This section applies to a pest control notice for an animal given under the amended Act, section 78, before the commencement by a pest operational board under the amended Act, section 213.

(2)From the commencement—

(a)the notice continues in effect as if this Act had not been enacted; and

(b)the notice may be enforced by the invasive animal board or local government responsible for managing the animal as an invasive animal in the area to which the notice applies; and

(c)the following provisions continue to apply as if this Act had not been enacted—

(i)the amended Act, sections 79 and 80;

(ii)any other provision of the amended Act necessary for the provisions to have effect or to be enforced.

131   Register of pest control and entry notices

The register of pest control notices and entry notices kept under the amended Act, section 86 by the issuing entity for the notices is, from the commencement, taken to be included in the relevant register of biosecurity orders kept under section 379.

132   Emergency quarantine notices

(1)This section applies if—

(a)under the amended Act, section 90—

(i)the chief executive gives a landowner an emergency quarantine notice; or

(ii)the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and

(b)immediately before the commencement, the emergency quarantine notice is still in force.

(2)On the commencement—

(a)the emergency quarantine notice—

(i)is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act; and

(ii)continues to have effect for the period it would have had effect under the amended Act, section 90; and

(b)the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and

(c)the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.

(3)Subsection (4) applies if—

(a)the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and

(b)immediately before the commencement, the authorised person has not taken the action.

(4)On the commencement—

(a)the authorised person may take the action required under that section; and

(b)the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.

133   Continuation of Darling Downs–Moreton Rabbit Board

(1)This section applies to the Darling Downs–Moreton Rabbit Board (the former board) established as a pest operational board under the amended Act, section 213, and in existence immediately before the commencement.

(2)On the commencement, the former board is taken to be an invasive animal board (the continued board) established under section 62 of the Act, with the same name as the former board.

(3)The assets and liabilities of the former board immediately before the commencement become the assets and liabilities of the continued board.

(4)An appointment of a person as a director of the former board and in force immediately before the commencement is taken to be an appointment under section 70 of the Act as a director of the continued board for the period stated in the director’s instrument of appointment.

(5)For the purpose of calculating the duration of the appointment, it is taken to have been made when it was made under a previous provision of the amended Act.

(6)A director holding the office of chairperson of the former board immediately before the commencement continues to hold the office of chairperson of the continued board until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson under a previous provision of the amended Act.

(7)On the commencement, a person employed by the former board continues to be employed by the continued board on the same conditions, and with the same entitlements of employment, that the person had immediately before the commencement.

134   Existing delegation by pest operational board

(1)This section applies to a person who, immediately before the commencement, was given a power by delegation under the amended Act, section 239 by a pest operational board under the amended Act, section 213.

(2)On the commencement, the person is taken to be a barrier fence employee appointed under section 100 of the Act until the earlier of the following, unless the person’s appointment as a barrier fence employee sooner ends—

(a)the day the person is appointed under section 100;

(b)the day that is the end of a period of 1 year after the commencement.

135   References to pest operational boards and declared pest fence

(1)A reference in an Act or document to a pest operational board under the amended Act, section 213 may, from the commencement and if the context permits, be taken as a reference to the entity that, under this Act—

(a)for a reference about the board managing an animal—manages the animal as an invasive animal; or

(b)for a reference about the board having responsibility for a declared pest fence—is the building authority for the barrier fence part that is in the same area as the declared pest fence.

(2)A reference to a declared pest fence for an animal in an Act or document may, from the commencement and if the context permits, be taken as a reference to a barrier fence part for the animal.

136   Existing pest survey programs

(1)This section applies to a pest survey program approved under the amended Act, section 241, and in force immediately before the commencement.

(2)From the commencement, a pest survey program continues as if it were—

(a)if the program authorised the prevention, management, reduction or eradication of a thing that is biosecurity matter—a prevention and control program; or

(b)otherwise—a surveillance program.

(3)The period for which the pest survey program has effect, stated in the program—

(a)continues to apply as if this Act had not been enacted; and

(b)continues to have started from when the period started under the amended Act.

(4)The pest survey program may be varied, revoked or otherwise dealt with and enforced as if it were a biosecurity program.

Schedule 4 Dictionary

section 13

acceptable biosecurity certificate means a certificate that is an acceptable biosecurity certificate under section 413(2)(a), (b) or (c).

accepted representations, for a show cause notice—

(a)for chapter 14, part 3, division 3—see section 405(2); or

(b)for chapter 17, part 3—see section 485(2).

accreditation means accreditation under chapter 15.

accreditation conditions see section 430(1).

accredited certifier means a person who—

(a)holds accreditation under chapter 15 to give biosecurity certificates; or

(b)holds accreditation under an approved biosecurity accreditation scheme to give biosecurity certificates.

action includes stopping an action.

administering executive means—

(a)for a person appointed as a designated officer by the chief executive—the chief executive; or

(b)for a person appointed as an authorised person or a barrier fence employee by a chief executive officer—the chief executive officer; or

(c)for a person appointed as an authorised person or a barrier fence employee by 2 or more chief executive officers—the chief executive officers jointly; or

(d)for a person appointed as an authorised person or a barrier fence employee by an invasive animal board—the chairperson of the board.

administrator, for a relevant entity, see section 310(4).

adopted provisions, of a code of practice, see section 106(1)(a).

aggravated offence see section 27(1).

agricultural activities include—

(a)cultivating soil; and

(b)broadcasting seed to establish an improved pasture; and

(c)planting, gathering or harvesting a crop, including a food or fibre crop; and

(d)growing non-indigenous grasses, legumes or forage cultivars; and

(e)horticulture or viticulture activities.

agricultural show means any show or exhibition event of limited duration, not including an event that is or is in the nature of a travelling circus or zoo, that includes the exhibition of designated animals, including, for example, in sporting events or show ring events.

Examples—

camp drafting school, horse racing, pony club, rodeo school

animal means any member of the animal kingdom (other than a human), whether alive or dead, and includes—

(a)a live pre-natal or pre-hatched creature; and

(b)the whole or any part of an embryo, or the eggs, ovum, semen or other genetic or reproductive material, of an animal; and

(c)the whole or any part of the progeny, larvae or pupae of an animal.

animal husbandry activities include—

(a)breeding, keeping, raising or caring for animals, for commercial purposes; and

(b)establishing and operating a dairy, feedlot, piggery or animal saleyard; and

(c)grazing animals; and

(d)aquaculture; and

(e)beekeeping; and

(f)poultry farming of more than 500 birds; and

(g)testing and inoculation of animals, including using diagnostic agents, serums and vaccines.

animal material ...

animal matter ...

applicant, for chapter 11, part 4, see 349(1).

approval, in relation to an auditor, means an approval issued under chapter 16.

approval conditions see section 435H (2) and (3).

approved biosecurity accreditation scheme, for chapter 15, see section 411.

approved device see section 174.

approved device requirement means section 179(2).

approved form means a form approved by the chief executive under section 502.

approved operator, for an approved biosecurity accreditation scheme, for chapter 15, see section 411.

AS 5008 means the Australian Standard for the hygienic rendering of animal products as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

audit means an audit conducted under chapter 16.

auditor means a person approved as an auditor under chapter 16.

auditor’s approval means an approval as an auditor obtained under chapter 16.

authorised officer means an authorised person or an inspector.

authorised person means a person who holds office as an authorised person under chapter 10, part 1.

authorised transport officer, for chapter 6, means a person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM, chapter 3, part 2 and who also holds appointment under chapter 10, part 1, division 3 as an authorised person under this Act.

barrier fence see section 89(1).

barrier fence employee see section 100(3).

barrier fence map see section 91(1).

barrier fence part see section 89(2).

bee means—

(a)a honey bee (Apis mellifera); or

(b)another genus or species declared under a regulation to be a bee under this Act.

biosecurity accreditation scheme, for chapter 15, see section 435A.

biosecurity accreditation system, of an approved operator of, or an applicant for approval to operate, an approved biosecurity accreditation scheme, for chapter 15, see section 411.

biosecurity certificate see section 412.

biosecurity circumstance see section 142.

biosecurity consideration see section 5(a).

biosecurity emergency means a biosecurity emergency as provided for in a biosecurity emergency order.

biosecurity emergency area, for a biosecurity emergency order, see section 114(1)(b).

biosecurity emergency checkpoints see section 114(3)(a).

biosecurity emergency order see section 113(1).

biosecurity emergency order permit see section 121(2).

biosecurity emergency provisions means the provisions of chapter 6.

biosecurity event see section 14.

biosecurity instrument, for chapter 6, part 4, see section 131.

biosecurity instrument permit see section 132(2).

biosecurity matter see section 15.

biosecurity order see section 373(1).

biosecurity plan means a biosecurity plan made by a local government under chapter 3, part 2.

biosecurity program see section 232.

biosecurity register see section 168.

biosecurity response see section 338.

biosecurity risk see section 16.

biosecurity risk matter see section 396(2)(b).

biosecurity risk notice see section 160(2).

biosecurity risk status details ...

biosecurity zone means an area identified as a biosecurity zone under biosecurity zone regulatory provisions.

biosecurity zone map see section 130A.

biosecurity zone regulatory provisions see section 128(1).

building authority, for a barrier fence part, see section 90.

captive bird means a bird in captivity, whether wild by nature or bred in captivity and whether native to Queensland, migratory or introduced.

carrier see section 17.

cat includes a Bengal cat (Prionailurus bengalensis x Felis catus).

change notice see section 170.

check audit, of the business of the other party to a compliance agreement, an accredited certifier’s activities as an accredited certifier or an approved operator’s operation of an approved biosecurity accreditation scheme, means an audit conducted by an appropriately qualified person—

(a)who is an employee of the department; or

(b)decided by the chief executive.

chief executive officer means the chief executive officer of a local government.

chief health officer means the chief health officer under the Hospital and Health Boards Act 2011, section 52.

City of Brisbane Act means the City of Brisbane Act 2010.

code of practice means a code of practice made under a regulation under chapter 5, part 1.

compensation scheme see section 342(1).

compliance agreement see section 393(1).

compliance audit means an audit by an auditor to ensure—

(a)for an audit of the business of the other party to a compliance agreement—the carrying on of the business complies with the compliance agreement; or

(b)for an audit of an accredited certifier’s activities as an accredited certifier—the carrying out of the activities complies with the accreditation; or

(c)for an audit of an approved operator’s operation of an approved biosecurity accreditation scheme—the operations comply with—

(i)the approval conditions; and

(ii)the scheme.

compliance certificate see section 394.

contact details, of a person, means the person’s telephone number or facsimile number.

contaminant see section 18.

controlled biosecurity matter, for a movement control order, see section 124(1).

convey, in relation to an animal, means carry or otherwise transport the animal in or on a vehicle.

corresponding law, to this Act or to a provision of this Act, means a law of the Commonwealth or another State that corresponds, or substantially corresponds, to this Act or to the provision.

cost recovery order see section 382(2).

court—

(a)generally—means a Magistrates Court; and

(b)for sections 313, 314, 319, 358 and 360—includes the Supreme Court and the District Court.

damage includes injure.

deal with—

1

Deal with, biosecurity matter or a carrier, includes any of the following—

(a)keep or possess, whether intentionally or otherwise, the biosecurity matter or carrier;

(b)conduct experiments with the biosecurity matter or carrier;

(c)produce or manufacture the biosecurity matter or carrier;

(d)breed the biosecurity matter or carrier;

(e)propagate the biosecurity matter or carrier;

(f)use the biosecurity matter or carrier in the course of manufacturing a thing that is not the biosecurity matter or carrier;

(g)grow, raise, feed or culture the biosecurity matter or carrier;

(h)distribute the biosecurity matter or carrier;

(i)import the biosecurity matter or carrier;

(j)transport the biosecurity matter or carrier;

(k)dispose of the biosecurity matter or carrier;

(l)buy, supply or use the biosecurity matter or carrier for the purposes of, or in the course of, a dealing mentioned in any of paragraphs (a) to (k).

2

A person who holds a mortgage or other security interest in biosecurity matter or a carrier does not deal with the biosecurity matter or carrier only because the person takes a step to enforce the mortgage or other security.

designated animal see section 134.

designated animal transit facility ...

designated biosecurity matter see section 136.

designated bird see section 135A.

designated details, for a registrable biosecurity entity, see section 148(1)(c).

designated officer means an authorised person, an inspector or a barrier fence employee.

designated place see section 148(1)(c)(i).

detection animal means an animal trained to detect the presence of a type of biosecurity matter.

director, of an invasive animal board, means a person appointed as a director under section 70(1).

disease means—

(a)the presence of a pathogenic agent in a host; or

Examples—

avian influenza, black Sigatoka, infection with Perkinsus marinus

(b)the clinical manifestation of infection; or

(c)a syndrome.

disposal order see section 319(2).

document certification requirement see section 323(6).

document production requirement see section 323(2).

domestic, in relation to a cat or dog, means a cat or dog that is owned by a person.

drive, in relation to an animal, means cause or allow the animal to travel by foot.

drover means a person who drives an animal.

electronic document ...

emergency prohibited matter declaration see section 31(1).

environment includes the following—

(a)ecosystems and their constituent parts;

(b)natural and physical resources;

(c)the qualities and characteristics of locations, places and areas;

(d)the social, economic, aesthetic and cultural conditions affecting the matters in paragraph (a), (b) or (c) or affected by those matters.

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

feral, in relation to an animal that is a deer, goat or pig—

1

A feral animal is an animal that—

(a)is living in a wild state; and

(b)is not being farmed or kept for any other purpose.

2For paragraph 1(b), an animal is being farmed or kept for another purpose only if it is kept in an escape-proof enclosure, cage or other structure.

fit, to an animal, see section 175.

former owner, of a thing, see section 312(2).

fund see section 56.

general biosecurity obligation see section 23.

general biosecurity obligation offence provision means section 24.

general power see section 296(1).

government and industry agreement see section 391(1).

government entity see the Government Owned Corporations Act 1993, section 4.

guideline means a guideline made by the chief executive under chapter 5, part 2.

help requirement see section 297(1).

HIN see section 158(1).

hive means a receptacle for housing living bees that contains moveable frames in which the combs are built, and which may be separately and readily removed from the receptacle for examination.

hold, designated biosecurity matter, see section 140.

holding facility means a place where 1 or more types of designated animal are regularly or periodically congregated on a temporary basis, including, for example, any of the following—

(a)a local government reserve or commonage;

(b)a pound;

(c)an animal refuge;

(d)a saleyard;

(e)a meat processing facility;

(f)a live export holding;

(g)a showground for designated animals;

(h)a sporting ground for designated animals;

(i)a stock route.

ICA scheme, for chapter 15, see section 411.

ICA system, for chapter 15, see section 411.

identity card, for a provision about a designated officer, means an identity card issued under section 329(1).

information notice, for a decision, means a notice stating each of the following—

(a)the decision and the reasons for it;

(b)the rights of review and appeal under this Act;

(c)the period in which any review or appeal under this Act must be started;

(d)how rights of review and appeal under this Act are to be exercised;

(e)that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

information requirement see section 326(3).

inspector means a person who holds office under chapter 10, part 1 as an inspector.

intergovernmental agreement see section 390.

internal review application see section 362.

internal review decision see section 365(1)(b).

invasive animal—

(a)means a species of animal that has, or is likely to have, an adverse impact on a biosecurity consideration because of the introduction, spread or increase in population size of the species in an area; and

(b)includes a species of animal that is prohibited matter or restricted matter.

invasive animal board see section 62(1).

invasive biosecurity matter, for a local government area, see section 48(1).

invasive plant—

(a)means a plant species that has, or is likely to have, an adverse impact on a biosecurity consideration because of the introduction, spread or increase in population size of the species in an area; and

(b)includes a plant species that is prohibited matter or restricted matter.

investigation and enforcement provisions means chapter 10.

issuing authority, for a document, order or other thing given to a person, means—

(a)if the thing is given by the chief executive or a person for the chief executive—the chief executive; or

(b)if the thing is given by a person for a local government—the local government; or

(c)if the thing is given by a person for an invasive animal board—the invasive animal board.

keep, a designated animal, see section 139.

land—

1

Land includes—

(a)land that is, or is at any time, covered by Queensland waters; and

(b)water in, on and above land; and

(c)the airspace above the surface of land; and

(d)the subsoil of land.

2

Land, of an owner, includes—

(a)unfenced land, including unfenced land comprising part of a road or stock route that adjoins or is within the owner’s land; and

(b)other land that is fenced in with the owner’s land; and

(c)the bed, banks and water of a watercourse on the owner’s land.

Land Act means the Land Act 1994.

Land Title Act means the Land Title Act 1994.

live export holding means—

(a)a depot for the live export of designated animals; or

(b)an embarkation point for the export of live designated animals.

Local Government Act means the Local Government Act 2009.

local government compliance notice see section 50(2).

loss, of property, means a total, or effectively a total, loss of the property because it is destroyed.

lot means a lot under the Land Act or Land Title Act.

M+I means moisture plus insoluble impurities, as measured by the American Oil Chemists’ Society’s official methods in its document called ‘Official Methods and Recommended Practices of the AOCS, 6th Edition’.

meat processing facility means an abattoir or other facility at which designated animals are killed for meat for trade or commerce.

movement control order see section 124(1).

movement record see section 194(2)(a).

movement record requirement means section 194.

natural environment means the environment, but having particular regard to ecosystems and their constituent parts and natural and physical resources.

natural resource management body means a body having an interest in managing biosecurity risks.

Examples—

Condamine Alliance, Burnett Mary Regional Group

neighbouring place, to another place, means a place some or all of which is within 20km of the other place.

NLIS means the system known as the ‘national livestock identification system’, agreed to by the Commonwealth and the States under a resolution of the Primary Industries Ministerial Council of 2 October 2003.

NLIS administrator see section 144.

nonconformance audit means an audit by an auditor to check that any noncompliance with the following, identified in an audit, has been remedied—

(a)for an audit of the business of the other party to a compliance agreement—the compliance agreement;

(b)for an audit of an accredited certifier’s activities as an accredited certifier—the accreditation;

(c)for an audit of an approved operator’s operation of an approved biosecurity accreditation scheme—

(i)the approval conditions; and

(ii)the scheme.

notice means a written notice.

notional reduction in value, of property, see section 341.

notional value, of property, see section 341.

obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.

occupier, of a place—

1For chapter 7, see section 143.

2

Otherwise, occupier includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at or on the place.

offence warning, for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

operational area, of an invasive animal board, see section 62(3).

operational procedures, for chapter 15, see section 411.

original decision see section 364(1).

other party, to a compliance agreement, see section 393(1)(b).

owner, of a biosecurity accreditation scheme, for chapter 15, see section 411.

owner—

1

The owner of a thing, other than a cat or dog, that has been seized under this Act includes a person who would be entitled to possession of the thing, other than a cat or dog, had it not been seized.

2

The owner of a place is—

(a)if the place is freehold land—the person who under the Land Title Act is its registered owner; or

(b)if the place is the subject of a lease under the Land Act—the person who, under the Land Act, is registered as the lessee of the place; or

(c)otherwise—the entity having responsibility for the care and control of the place.

3

The owner of a cat or dog is the person who is, under the Animal Management (Cats and Dogs) Act 2008, the owner of the cat or dog.

permit document, in relation to a prohibited matter permit or restricted matter permit, means the document evidencing the permit, given to the holder of the permit by the chief executive.

permit plan, for prohibited matter or restricted matter, see section 213.

personal details requirement see section 321(5).

person in control—

(a)of a vehicle, includes—

(i)the vehicle’s driver or rider; and

(ii)anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b)of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

PIC see section 151(2).

place includes the following—

(a)premises;

(b)vacant land;

(c)a place in Queensland waters;

(d)a place held under more than 1 title or by more than 1 owner;

(e)the land or water where a building or structure, or a group of buildings or structures, is situated.

place of origin, for chapter 7, part 3, division 2, see section 179(1)(b).

plant includes the following—

(a)the whole or part of a flower, shrub, tree, vegetable, vine or other vegetation;

(b)the whole or part of the fruit or nut of a shrub, tree or vine;

(c)the whole or part of the reproductive material of a flower, shrub, tree, vegetable, vine or other vegetation or its seeds;

(d)any material, whether alive or dead, used for the propagation of a flower, shrub, tree, vegetable, vine or other vegetation.

police service means the Queensland Police Service.

possess, a thing, means—

(a)have custody of the thing; or

(b)have control of it at any place, whether or not someone else has custody of it.

poultry means—

(a)birds of the order Galliformes (including, for example, chickens, turkeys, pheasants, partridge, quail, guineafowl, peafowl), ducks, geese, pigeons and doves; or

(b)any other bird prescribed by regulation.

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)a caravan or vehicle; and

(d)a cave or tent; and

(e)premises held under more than 1 title or by more than 1 owner.

prescribed designated animal see section 134(b).

prescribed information, for chapter 7, part 3, division 3, see section 183.

prevention and control program see section 234.

program authorisation see section 235(1).

prohibited feed for pigs and poultry see section 45A.

prohibited matter see section 19.

prohibited matter permit see section 209.

prohibited matter regulation see section 30(1).

property, for chapter 11, see section 340.

proposed action—

(a)for chapter 14, part 3, division 3—see section 404(3)(a); or

(b)for chapter 17, part 3—see section 484(1).

public office, of a local government, means the local government’s public office under the Local Government Act.

public place means—

(a)a place, or part of the place—

(i)the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

Examples of a place that may be a public place under subparagraph (i)—

a beach, a park, a road

(ii)the occupier of which allows, whether or not on payment of money, members of the public to enter; or

Examples of a place that may be a public place under subparagraph (ii)—

a saleyard, a showground, a stock route

(b)a place that is a public place under another Act.

rates means rates within the meaning of—

(a)for a local government other than the Brisbane City Council—the Local Government Act; or

(b)for the Brisbane City Council—the City of Brisbane Act.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

receiver, of a special designated animal, see section 185(a).

recipient, of a biosecurity order, see section 373(1).

registered biosecurity entity means an entity that, as a registrable biosecurity entity, has obtained registration under chapter 7, part 2.

registrable biosecurity entity see section 141.

registration details see section 169(1).

registration exemption, for a registrable biosecurity entity, see section 146(1).

regulated biosecurity matter, for biosecurity zone regulatory provisions, see section 128(1)(a).

relevant accreditation offence see section 411.

relevant authority, for chapter 17, see section 478.

relevant biosecurity offence means—

(a)an offence against this Act or a repealed Act; or

(b)an offence against a law that is a corresponding law to a provision of this Act.

relevant entity, for a seized thing, see section 310(5).

rendering ...

repealed Act—

1For schedule 3, part 3—see schedule 3, section 76.

2

Otherwise, repealed Act is—

(a)the repealed Agricultural Standards Act 1994; or

(b)the repealed Apiaries Act 1982; or

(c)the repealed Diseases in Timber Act 1975; or

(d)the repealed Exotic Diseases in Animals Act 1981; or

(e)the repealed Plant Protection Act 1989; or

(f)the repealed Stock Act 1915.

reporting requirement, for chapter 7, part 3, division 3, see section 183.

residence means a premises or a part of premises that is a residence within the meaning of section 259(2) and (3).

restricted agricultural show, for chapter 7, part 3, division 3, see section 183.

restricted animal means a designated animal declared to be a restricted animal under section 162A.

restricted animal material see section 45B.

restricted animal material for pigs or poultry ...

restricted animal material for ruminants ...

restricted biosecurity matter means designated biosecurity matter declared to be restricted biosecurity matter under section 162C.

restricted place notice ...

restricted matter see section 21.

restricted matter permit see section 210.

restricted matter regulation see section 39(1).

restricted place means a place declared to be a restricted place under chapter 7, part 2.

review notice day see section 366(2)(a)(i).

RFID number, for a microchip, means the number of the microchip.

saleyard means any yard, premises or place where designated animals are—

(a)sold or offered or exhibited for sale by public auction or tender; or

(b)held or kept for the purpose of being sold or offered or exhibited for sale by public auction or tender; or

(c)held or kept on being sold by public auction or tender.

scheme compensation see section 342(2).

show cause notice—

(a)for chapter 14, part 3, division 3—see section 404(2); or

(b)for chapter 17, part 3—see section 484(1).

show cause period—

(a)for chapter 14, part 3, division 3—see section 404(3)(e); or

(b)for chapter 17, part 3—see section 484(2)(f).

special designated animal see section 135.

spent conviction ...

statutory compensation see section 345(1).

stock route see the Stock Route Management Act 2002, schedule 3.

suitable approved device see section 177.

supply includes supply by sale, exchange or gift.

surveillance program see section 233.

syndrome means a symptom, condition, disorder or other thing described by clinical signs, if the cause is unknown.

tallow ...

third party, for chapter 13, part 1, division 3, see section 382(1).

threshold amount, of designated biosecurity matter, see section 138.

threshold number, of designated animals, see section 137.

TORUM means the Transport Operations (Road Use Management) Act 1995.

travel approval see section 180(d).

vehicle—

1

For chapter 6, part 1, other than section 119, vehicle means a vehicle under TORUM.

2

For chapter 10, vehicle means—

(a)a vehicle under TORUM; and

(b)includes a vessel under that Act.

3

Otherwise, vehicle means—

(a)an aircraft, including a helicopter; or

(b)any of the following under TORUM—

(i)a train;

(ii)a tram;

(iii)a vehicle;

(iv)a vessel.

waste see the Waste Reduction and Recycling Act 2011, section 8AA.