Biosecurity Act 2015 (NSW)
An Act to provide for the prevention, elimination, minimisation and management of biosecurity risks; and for other purposes.
This Act is the Biosecurity Act 2015.
This Act commences on a day or days to be appointed by proclamation.
The primary object of this Act is to provide a framework for the prevention, elimination and minimisation of biosecurity risks posed by biosecurity matter, dealing with biosecurity matter, carriers and potential carriers, and other activities that involve biosecurity matter, carriers or potential carriers.
The other objects of this Act are as follows—
(a) to promote biosecurity as a shared responsibility between government, industry and communities,
(b) to provide a framework for the timely and effective management of the following—
(i) pests, diseases, contaminants and other biosecurity matter that are economically significant for primary production industries,
(ii) threats to terrestrial and aquatic environments arising from pests, diseases, contaminants and other biosecurity matter,
(iii) public health and safety risks arising from contaminants, non-indigenous animals, bees, weeds and other biosecurity matter known to contribute to human health problems,
(iv) pests, diseases, contaminants and other biosecurity matter that may have an adverse effect on community activities and infrastructure,
(c) to provide a framework for risk-based decision-making in relation to biosecurity,
(d) to give effect to intergovernmental biosecurity agreements to which the State is a party,
(e) to provide the means by which biosecurity requirements in other jurisdictions can be met, so as to maintain market access for industry.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
It is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.
Without limiting subsection (1), it is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following—
(a) things situated in or outside the territorial limits of this State,
(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this State,
(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.
A provision of this Act does not confer a right of action in civil proceedings based on a contravention of the provision.
Except as otherwise expressly provided by this Act, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.
Without limiting subsection (2), 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.
In this Act—
See Parts 3 and 4 for biosecurity duties.
(a) a registered entity, or
(b) a biosecurity certifier, or
(c) a biosecurity auditor, or
(d) the holder of an individual permit, or
(e) an applicant for a group permit that was granted, or
(f) a person who has given a biosecurity undertaking, or
(g) an accreditation authority.
(a) occurring in or on biosecurity matter or a carrier, or
(b) that may be ingested or absorbed by biosecurity matter or a carrier.
(a) the penetration of the subject’s skin, or
(b) the subject to take any substance.
(a) a substance that consists of or contains nitrogen, phosphorus or potassium (or any combination of nitrogen, phosphorus or potassium) and is manufactured, represented, sold or used as a means for directly or indirectly supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, other than a substance excluded from this definition by the regulations, or
(b) any other substance prescribed by the regulations to be a fertiliser.
(a) a Public Service agency within the meaning of the Government Sector Employment Act 2013, or
(b) a NSW Government agency, or
(c) a State owned corporation within the meaning of the State Owned Corporations Act 1989, or
(d) a council, county council or joint organisation within the meaning of the Local Government Act 1993, or
(e) any other public or local authority constituted by or under an Act, or
(f) (Repealed)
(g) any person or body declared by the regulations to be a government agency.
(a) the sea or an arm of the sea, and
(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and
(c) a river, stream or watercourse, whether tidal or non-tidal.
(a) consists of or contains dolomite (an artificially prepared or naturally occurring mixture of carbonates, oxides or hydroxides of calcium and magnesium), gypsum (the sulphate of calcium in either hydrated or anhydrous form), lime (an oxide, hydroxide or carbonate compound of calcium) or magnesite (an oxide, hydroxide or carbonate compound of magnesium), and
(b) is manufactured, represented, sold or used as a means for directly or indirectly affecting the nature or composition of soil or any other matter in which vegetation is grown.
(a) furnishing false or misleading information, or
(b) resisting or obstructing an authorised officer, or
(c) assaulting, abusing or threatening an authorised officer.
(a) sell by wholesale, retail, auction or tender, or
(b) barter or exchange, or
(c) supply for profit, or
(d) offer for sale, receive for sale or expose for sale, or
(e) consign or deliver for sale, or
(f) have in possession for sale, or
(g) cause or allow any of the above to be done.
(a) a stock medicine (within the meaning of the Stock Medicines Act 1989), or
(b) a substance declared by the regulations not to be a stock food, or
(c) subject to the regulations, a substance that is intended to be fed to animals other than horses or animals belonging to a food-producing species.
Section 6 of the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 gives effect to the Agvet Regulations of New South Wales.
(a) consists of or contains a trace element (that is, boron, cobalt, copper, iron, magnesium, manganese, molybdenum, selenium or zinc or any other element prescribed by the regulations), or any compound of a trace element, and
(b) is manufactured, represented, sold or used as a means for directly or indirectly—
(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or
(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown.
(a) any caravan, trailer, truck, train or other land vehicle, and
(b) any ship, hovercraft, boat, ferry, raft and pontoon or other water craft, and
(c) any aeroplane, helicopter, hot air balloon, drone or other aircraft.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
If biosecurity matter referred to in this Act or the regulations is referred to by both a common name and a scientific name, the common name is for information purposes only and does not limit the description of the biosecurity matter.
If biosecurity matter referred to in this Act or the regulations has a life cycle, a reference to the biosecurity matter includes a reference to that biosecurity matter at any stage of its life cycle.
Notes included in this Act do not form part of this Act.
(a) any living thing, other than a human, or
(b) any part of an animal, plant or living thing, other than a human, or
(c) a product of a living thing, other than a human, or
(d) a disease, or
(e) a prion, or
(f) a contaminant, or
(g) a disease agent that can cause disease in a living thing (other than a human) or that can cause disease in a human via transmission from a non-human host to a human, or
(h) any thing declared by the regulations to be biosecurity matter.
A
(a) keep biosecurity matter or a carrier,
(b) have possession, care, custody or control of biosecurity matter or a carrier,
(c) produce, manufacture or supply biosecurity matter or a carrier,
(d) import biosecurity matter or a carrier into the State,
(e) acquire biosecurity matter or a carrier,
(f) buy, sell or dispose of biosecurity matter or a carrier,
(g) move biosecurity matter or a carrier,
(h) release biosecurity matter or a carrier from captivity,
(i) use or treat biosecurity matter or a carrier for any purpose,
(j) breed, propagate, grow, raise, feed or culture biosecurity matter or a carrier,
(k) experiment with biosecurity matter or a carrier,
(l) display biosecurity matter or a carrier,
(m) enter into an agreement or other arrangement under which another person deals with biosecurity matter or a carrier,
(n) agree to deal with biosecurity matter or a carrier,
(o) cause or permit a dealing in biosecurity matter or a carrier to occur,
(p) anything prescribed by the regulations as a dealing with, or engaging in a dealing with, biosecurity matter or a carrier.
An occupier of land is taken to have possession of any biosecurity matter or carrier on that land unless the occupier establishes that the biosecurity matter or carrier was in the possession, care, custody or control of another person.
The regulations may specify circumstances in which a person is taken not to be dealing with or engaging in a dealing with biosecurity matter or a carrier for the purposes of this Act or any provision of this Act.
A
(a) the introduction, presence, spread or increase of a disease or disease agent into or within the State or any part of the State, or
(b) the introduction, presence, spread or increase of a pest into or within the State or any part of the State, or
(c) stock food or fertilisers, or
(d) animals, plants or animal products becoming chemically affected, or
(e) public nuisance caused by bees, or
(f) a risk to public safety caused by bees or non-indigenous animals, or
(g) any thing declared by the regulations to be a biosecurity impact.
An animal or plant, or a product of an animal or plant, is
(a) it is or is likely to become unfit for sale or export for human consumption, or
(b) it is or is likely to pose a danger to human health or to the environment, or
(c) it is or is likely to be detrimental to export or other trade.
A
(a) out-compete other organisms for resources, including food, water, nutrients, habitat and sunlight, or
(b) prey or feed on other organisms, or
(c) transmit disease to other organisms, or
(d) cause harm to other organisms through its toxicity, or
(e) otherwise reduce the productivity of agricultural systems or the value of agricultural products, or
(f) damage infrastructure, or
(g) reduce the amenity or aesthetic value of premises, or
(h) harm or reduce biodiversity, or
(i) do any other thing, or have any other effect, prescribed by the regulations.
A
(a) the biosecurity risk concerned, and
(b) the degree of biosecurity impact that arises, or might arise, from the biosecurity risk, and
(c) what the person concerned knows, or ought reasonably to know, about the biosecurity risk and the ways of preventing, eliminating or minimising the risk, and
(d) the availability and suitability of ways to prevent, eliminate or minimise the biosecurity risk, and
(e) the cost associated with available ways of preventing, eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.
This Division sets out the principles that apply to all biosecurity duties that persons have under this Act.
A biosecurity duty cannot be transferred to another person.
A person can have more than one biosecurity duty.
More than one person can concurrently have the same biosecurity duty.
Each person who has a biosecurity duty must discharge that duty to the standard required by this Act even if another person has the same duty.
If more than one person has a biosecurity duty in relation to the same thing, each person—
(a) retains responsibility for the person’s duty in relation to the thing, and
(b) must discharge the person’s duty to the extent to which the person has the capacity to influence and control the thing or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.
A duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so far as is reasonably practicable is a duty—
(a) to prevent or eliminate a biosecurity risk so far as is reasonably practicable, and
(b) if it is not reasonably practicable to prevent or eliminate the biosecurity risk, to minimise the biosecurity risk so far as is reasonably practicable.
Any person who deals with biosecurity matter or a carrier and who knows, or ought reasonably to know, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing has a biosecurity duty to ensure that, so far as is reasonably practicable, the biosecurity risk is prevented, eliminated or minimised.
A person who fails to discharge the person’s biosecurity duty under this Part is guilty of an offence.
An offence against this section is a category 1 offence if—
(a) the failure is intentional or reckless, and
(b) the failure caused, or was likely to cause, a significant biosecurity impact.
In any other case, the offence is a category 2 offence.
An offence against this section is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against this section because the person fails to discharge the person’s biosecurity duty under this Part—
(a) continues, until the duty is discharged, to be required to discharge that duty, and
(b) is guilty of a continuing offence (of the same category) for each day the failure continues.
The regulations may require persons who deal with biosecurity matter or carriers to take specified actions to prevent, eliminate or minimise a biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing. Those requirements are
The mandatory measures may apply in relation to all or any specified class of persons, dealings, biosecurity matter or carriers.
A person who deals with biosecurity matter or a carrier and who contravenes any mandatory measures that are applicable to the biosecurity matter, carrier or dealing is taken to have failed to ensure that, so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing is prevented, eliminated or minimised.
Accordingly, the person could be charged with an offence under section 23 in respect of that failure.
The mandatory measures may be specified to be minimum mandatory measures, in which case compliance with those measures does not, of itself, demonstrate that a person ensured that, so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing was prevented, eliminated or minimised.
In this section,
(a) refraining from doing a thing, and
(b) adopting any procedures or programs.
A person who deals with biosecurity matter or a carrier in contravention of any mandatory measures that apply to that biosecurity matter, carrier or dealing is guilty of an offence.
An offence against this section is a category 2 offence.
An offence against this section is an executive liability offence.
A person who is guilty of an offence against this section because of a contravention of any mandatory measures—
(a) continues, until the mandatory measures are complied with and despite the fact that any specified period or time for compliance has expired or passed, to be required to comply with the mandatory measures, and
(b) is guilty of a continuing offence for each day the contravention continues.
A person cannot be found guilty of both an offence against section 23 and an offence against this section in respect of the same conduct.
In proceedings for an offence against section 23 in which it is alleged the person charged with the offence contravened any mandatory measures, if the court is not satisfied that the offence is proven, but is satisfied that the person committed an offence against this section, the court may find the person guilty of an offence against this section. The person is liable to punishment accordingly.
Schedule 1 contains further provisions relating to the requirements imposed by this Part. Those provisions relate specifically to weeds.
The biosecurity matter described in Schedule 2 is prohibited matter.
Biosecurity matter described in Part 1 of Schedule 2 is prohibited matter throughout the State.
Biosecurity matter described in Columns 1 and 2 of Part 2 of Schedule 2 is prohibited matter in that part of the State described opposite the biosecurity matter in Column 3.
The regulations may amend Schedule 2 by inserting, altering or omitting any items or descriptions in that Schedule.
The regulations may provide for transitional arrangements for the lawful disposal or destruction of biosecurity matter that becomes prohibited matter (including by providing for exceptions to offences under this Part).
A person who deals with any biosecurity matter that is prohibited matter throughout the State is guilty of an offence.
A person who deals with biosecurity matter is guilty of an offence if—
(a) the biosecurity matter is located in a part of the State in which it is prohibited matter, or
(b) as a result of the dealing, the biosecurity matter enters or is likely to enter a part of the State in which it is prohibited matter.
An offence against subsection (1) or (2) is a category 1 offence if the offence is committed intentionally or recklessly.
In any other case, the offence is a category 2 offence.
A category 1 offence or category 2 offence against subsection (1) or (2) is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against subsection (1) or (2) because the person deals with biosecurity matter in contravention of that subsection—
(a) continues, until that contravention ceases, to be liable for a contravention of subsection (1), and
(b) is guilty of a continuing offence (of the same category) for each day that contravention continues.
In proceedings for a category 2 offence under this Division, it is a defence to the prosecution of an offence constituted by a person having prohibited matter in the person’s possession, care, custody or control if the person charged with the offence proves that the person did not know, and could not reasonably be expected to have known, that the person had the prohibited matter in the person’s possession, care, custody or control.
A due diligence defence applies to category 1 offences. See Part 18.
A person who becomes aware of, or suspects, that a prohibited matter event has occurred, is occurring or is about to occur has a biosecurity duty to immediately notify the prohibited matter event in accordance with the requirements specified in the regulations.
A biosecurity duty arises under this Division only if the person—
(a) is the owner, occupier or person in charge of, or has the care, custody or control of, premises, a carrier or other thing in relation to which the prohibited matter is present or suspected of being present, or
(b) becomes aware of, or suspects, the occurrence of the prohibited matter event as a result of any consultation or other work carried out in relation to premises, a carrier or other thing in the person’s professional capacity, or
(c) is a person of a class prescribed by the regulations.
A
(a) the presence of biosecurity matter in a part of the State in which it is prohibited matter, or
(b) the introduction of biosecurity matter into a part of the State in which it is prohibited matter.
A person who fails to discharge the person’s biosecurity duty under this Division is guilty of an offence.
An offence against this section is a category 1 offence if the failure is intentional or reckless.
In any other case, the offence is a category 2 offence.
A category 1 offence against this section is a special executive liability offence.
A category 2 offence against this section is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against this section because the person fails to discharge the person’s biosecurity duty under this Division—
(a) continues, until the duty is discharged, to be required to discharge that duty, and
(b) is guilty of a continuing offence (of the same category) for each day the failure continues.
It is a defence to the prosecution of an offence under this Division if the person charged with the offence proves that the person did not notify the prohibited matter event because the person had good reason to believe that the particular circumstances that the person became aware of, or suspected, were widely and publicly known (including to the Department).
Information furnished or an answer given by a natural person that the person was required to furnish or give to comply with a requirement under this Division is not admissible in evidence against the person in criminal proceedings, except proceedings for an obstruction offence.
Further information obtained as a result of information furnished or an answer given in compliance with a requirement under this Division is not inadmissible on the ground—
(a) that the information had to be furnished or the answer had to be given, or
(b) that the information furnished or answer given might incriminate the person.
The regulations may make further provision for notifications under this Division, including the following—
(a) the person or persons to whom notification is to be given,
(b) the form and manner in which notification is to be given,
(c) the information required to be given,
(d) requirements in relation to notifications (such as a requirement to provide further information or answer questions).
A person who becomes aware of, or suspects, the presence of biosecurity matter in a part of the State in which it is prohibited matter has a biosecurity duty to ensure that, so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by the prohibited matter is prevented, eliminated or minimised.
A biosecurity duty arises under this Division only if the person—
(a) is the owner, occupier or person in charge of, or has the care, custody or control of, premises, a carrier or other thing in relation to which the prohibited matter is present or suspected of being present, or
(b) becomes aware of, or suspects, the presence of prohibited matter as a result of any consultation or other work carried out in relation to premises, a carrier or other thing in the person’s professional capacity, or
(c) is a person of a class prescribed by the regulations.
A person who fails to discharge the person’s biosecurity duty under this Division is guilty of an offence.
An offence against this section is a category 1 offence if the failure is intentional or reckless.
In any other case, the offence is a category 2 offence.
A category 1 offence or category 2 offence against this section is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against this section because the person fails to discharge the person’s biosecurity duty under this Division—
(a) continues, until the duty is discharged, to be required to discharge that duty, and
(b) is guilty of a continuing offence (of the same category) for each day the failure continues.
A person who becomes aware of, or suspects, the existence of a biosecurity event has a biosecurity duty to immediately notify the biosecurity event in accordance with the requirements specified in the regulations.
A biosecurity duty arises under this Division only if the person—
(a) is the owner, occupier or person in charge of, or has the care, custody or control of, premises, a carrier or other thing in relation to which the biosecurity event has occurred, is occurring or is likely to occur, or
(b) becomes aware of, or suspects, the biosecurity event as a result of any consultation or other work carried out in relation to premises, a carrier or other thing in the person’s professional capacity, or
(c) is a person of a class prescribed by the regulations.
A
A
A person who fails to discharge the person’s biosecurity duty under this Division is guilty of an offence.
An offence against this section is a category 1 offence if the failure is intentional or reckless.
In any other case, the offence is a category 2 offence.
A category 1 offence or category 2 offence against this section is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against this section because the person fails to discharge the person’s biosecurity duty under this Division—
(a) continues, until the duty is discharged, to be required to discharge that duty, and
(b) is guilty of a continuing offence (of the same category) for each day the failure continues.
It is a defence to the prosecution of an offence under this Division if the person charged with the offence proves that the person did not notify the biosecurity event because the person had good reason to believe that the particular circumstances that the person became aware of, or suspected, were widely and publicly known (including to the Department).
Information furnished or an answer given by a natural person that the person was required to furnish or give to comply with a requirement under this Division is not admissible in evidence against the person in criminal proceedings, except proceedings for an obstruction offence.
Further information obtained as a result of information furnished or an answer given in compliance with a requirement under this Division is not inadmissible on the ground—
(a) that the information had to be furnished or the answer had to be given, or
(b) that the information furnished or answer given might incriminate the person.
The regulations may make further provision for notifications under this Division, including the following—
(a) the person or persons to whom notification is to be given,
(b) the form and manner in which notification is to be given,
(c) the information required to be given,
(d) requirements in relation to notifications (such as a requirement to provide further information or answer questions).
The Secretary may, by order in writing (an
(a) declare a biosecurity emergency, and
(b) establish measures to respond to that biosecurity emergency.
The Secretary may make an emergency order only if the Secretary is satisfied, or reasonably suspects, that there is a current or imminent biosecurity risk that may have a significant biosecurity impact.
The principal objects of an emergency order are—
(a) to isolate an emergency zone or biosecurity matter, and
(b) to prevent the spread of the biosecurity matter, and
(c) to eradicate the biosecurity matter (if practicable).
However, the principal objects of an emergency order do not limit the matters that may be provided for by an emergency order.
An emergency order is to specify the following—
(a) the biosecurity matter, biosecurity risk or biosecurity impact that is the subject of the emergency,
(b) the emergency zone or zones,
(c) the emergency measures,
(d) the persons or class of persons to whom the emergency measures apply,
(e) the duration of the emergency order.
The Secretary is to give notice of an emergency order by causing a copy of the order to be published on a NSW Government website used by the Department or in the Gazette (or both).
The Secretary is to take reasonable steps to ensure that persons who are likely to be directly affected by the order are made aware of the order.
The Secretary may, if the Secretary considers it appropriate in the circumstances, give notice of an emergency order that is property specific by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the affected property (instead of by publishing the order on a NSW Government website used by the Department or in the Gazette).
An emergency order is
An emergency order remains in force for the period specified in the order, not exceeding 6 months from the date the order is made.
The Secretary may make an order to extend the period during which an emergency order remains in force for a further period of up to 6 months.
The period during which an emergency order remains in force may be extended any number of times.
An
An emergency zone may be—
(a) any specified premises or specified part of premises, or
(b) any specified area, or
(c) the whole or any specified part of the State.
An emergency order may provide for more than one emergency zone and for different classes of emergency zone.
The
The Secretary may specify, as emergency measures, any measures that the Secretary decides are reasonably necessary to respond to the biosecurity emergency concerned.
The emergency measures are to be no more onerous than the Secretary considers necessary having regard to the nature of the biosecurity emergency.
In deciding on the emergency measures, the Secretary is to have regard to the principal objects of an emergency order and any other matters the Secretary considers are relevant.
The emergency measures may apply—
(a) within an emergency zone, and
(b) outside an emergency zone, but only if the Secretary considers that reasonably necessary having regard to the nature of the biosecurity emergency.
The emergency measures may—
(a) prohibit, regulate or control the doing of any thing, or
(b) require or authorise the doing of any thing.
A power to require the doing of a thing includes a power to require a person to arrange for that thing to be done.
Without limiting the powers conferred on the Secretary by this Part, emergency measures may include provisions that prohibit, regulate or control, or that require or authorise, any of the following—
(a) activities that involve biosecurity matter, a carrier or a potential carrier,
(b) the use of premises for an activity that involves biosecurity matter, a carrier or a potential carrier,
(c) the movement of any biosecurity matter, carrier, potential carrier or other thing,
(d) the isolation, confinement or detention of any biosecurity matter or other thing,
(e) treatment measures to be carried out in relation to biosecurity matter, a carrier, a potential carrier, premises or other thing,
(f) the erection or repair of fencing, gates or any other method of enclosure, or the taking of any other specified security or containment measures in relation to any premises, biosecurity matter or other thing,
(g) the erection of signs,
(h) the provision of samples of any biosecurity matter or other thing,
(i) the testing of any biosecurity matter or other thing,
(j) the obtaining of a biosecurity certificate in relation to any biosecurity matter or other thing,
(k) the installation or use of a device at any premises, for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing or capturing any biosecurity matter or other thing,
(l) the destruction, disposal or eradication of any thing (including by specifying the manner of destruction, disposal or eradication),
(m) any other matters expressly authorised by the regulations.
In addition, the emergency measures may do any of the following—
(a) prohibit, regulate or control entry to or exit from any specified premises or area,
(b) prohibit, regulate or control the use of any road within or going into or out of a specified premises or area (including by closing roads),
(c) require persons entering or leaving any specified premises or area in a vehicle to stop and, if required by an authorised officer—
(i) permit the vehicle to be inspected, and
(ii) permit treatment measures to be carried out in relation to the vehicle,
(d) require persons entering or leaving any specified premises or area to stop and, if required by an authorised officer—
(i) permit themselves and any thing in their care, custody or control to be inspected, and
(ii) carry out or permit external treatment measures to be carried out in relation to themselves and any thing in their care, custody or control,
(e) prohibit a person from entering or leaving any specified premises or area unless the person has done either or both of the following—
(i) carried out, in relation to himself or herself, any specified external treatment measure,
(ii) carried out, in relation to any thing in the person’s care, custody or control, any specified treatment measure.
An emergency order cannot prohibit, regulate or control the movement of a person, except as expressly provided for by this section.
Subsection (2) does not prevent emergency measures being imposed in relation to any biosecurity matter, premises, activity or thing that have an impact on the movement of a person but that are not imposed for the purpose of restricting the movement of a person.
For example, emergency measures could prohibit persons from taking a particular animal or plant out of premises. This measure may have an impact on the movement of a person but is not imposed for that purpose.
An emergency order cannot require any treatment measure to be carried out on a person, other than an external treatment measure.
An emergency order cannot require a person to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.
A requirement in an emergency order that persons permit themselves to be inspected by an authorised officer authorises the authorised officer to require a person to do any of the following—
(a) to submit to a visual inspection (including of the exterior of the person’s clothing and shoes),
(b) to shake, or otherwise move, the person’s hair.
An emergency order cannot require or authorise the destruction of biosecurity matter or any other thing unless—
(a) the Secretary is of the opinion that the destruction is reasonably necessary to prevent, eliminate or minimise a significant biosecurity impact, or
(b) the biosecurity matter to be destroyed is an animal and the Secretary is of the opinion that the destruction is necessary to ensure that the other emergency measures provided for by the emergency order do not have or continue to have an adverse effect on animal welfare.
To avoid doubt, distress or likely distress to an animal is an adverse effect on animal welfare.
Part 2B of the Prevention of Cruelty to Animals Act 1979 does not apply to the destruction of an animal as required or authorised by an emergency order.
If an emergency order requires or authorises the destruction of any biosecurity matter or other thing, the Secretary must ensure that a copy of the order is given to the owner or person in charge of the biosecurity matter or thing, unless—
(a) there appears to be no one immediately in control of it, and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located, and
(b) the Secretary considers that, in the circumstances, the order must be carried out without prior notice to the owner or person in charge.
An emergency order prevails, to the extent of any inconsistency, over the following—
(a) the regulations,
(b) any biosecurity registration, permit (other than an emergency permit) or exemption granted under this Act,
(c) any control order,
(d) any other instrument made or issued under this Act.
A person who contravenes an emergency order is guilty of an offence.
An offence against this section is a category 1 offence if the contravention is intentional or reckless.
In any other case, the offence is a category 2 offence.
A category 1 offence against this section is a special executive liability offence.
A category 2 offence against this section is an executive liability offence.
A person who is guilty of a category 1 offence or category 2 offence against this section because the person contravenes a requirement of an emergency order—
(a) continues, until the requirement is complied with and despite the fact that any specified period or time for compliance has expired or passed, to be liable to comply with the requirement, and
(b) is guilty of a continuing offence (of the same category) for each day the contravention continues.
Subsection (6) does not apply to the extent that a requirement of an emergency order is revoked.
A person does not commit an offence against this section of contravening an emergency order unless—
(a) the order was published on a NSW Government website used by the Department or in the Gazette, or
(b) the person was served with a copy of the order.
If a person (the
The Secretary may charge the liable person a fee for action taken under this section.
The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.
Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency.
The fee is—
(a) a recoverable amount that is payable to the Secretary, and
(b) recoverable from the liable person.
See Part 20, which provides for the recovery of recoverable amounts.
The Secretary must give an occupier of premises used for residential purposes written notice of an intention to enter any part of the premises used only for residential purposes under this section.
The notice must specify the day on which the premises are intended to be entered and must be given before that day.
Notice is not required to be given if—
(a) entry is made with the consent of the occupier of the premises, or
(b) entry is made under the authority of a search warrant.
This section does not prevent the taking of proceedings for an offence of contravening an emergency order.
The Secretary may, by order in writing, amend or revoke an emergency order.
An amendment to an emergency order may make provision for any matter for which an emergency order may make provision.
An amendment to, or revocation of, an emergency order takes effect, and is to be notified, in the same way as an emergency order.
A court or tribunal must not issue an interim injunction, make any other interim order or give any other interim relief having the effect of preventing, restricting or deferring any emergency order or anything authorised or required to be done pursuant to an emergency order during the period in which the order has effect.
This section does not prevent a court from making a permanent injunction or other final order in any proceedings at any time.
The Minister may, by order in writing (a
(a) establish one or more control zones, and
(b) establish measures, in connection with a control zone, to prevent, eliminate, minimise or manage a biosecurity risk or biosecurity impact.
The Minister may make a control order if the Minister reasonably believes that the order is necessary to prevent, eliminate, minimise or manage a biosecurity risk or biosecurity impact.
The principal object of a control order is to prevent the introduction of, or eradicate, biosecurity matter that poses or is likely to pose a biosecurity risk.
A control order may also serve as a measure for the management of a biosecurity risk or biosecurity impact. In that case, an additional or alternative object of the control order is to provide for the management of a biosecurity risk or biosecurity impact.
Subsections (3) and (4) do not limit the matters that may be provided for by a control order.
A control order is to specify the following—
(a) the biosecurity matter, biosecurity risk or biosecurity impact to which the control order relates,
(b) the control zone or zones,
(c) the control measures,
(d) the persons or class of persons to whom the control measures apply,
(e) the duration of the control order.
The Minister is to give notice of a control order by causing a copy of the order to be published on a NSW Government website used by the Department or in the Gazette (or both).
The Minister is to take reasonable steps to ensure that persons who are likely to be directly affected by the order are made aware of the order.
The Minister may, if the Minister considers it appropriate in the circumstances, give notice of a control order that is property specific by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the affected property (instead of by publishing the order on a NSW Government website used by the Department or in the Gazette).
A control order is
A control order has effect for the period specified by the Minister in the order, not exceeding 5 years from the date the order is made.
The Minister may make an order to extend the period during which a control order has effect for a further period of up to 5 years.
The period during which a control order has effect may be extended any number of times.
A
A control zone may be—
(a) any specified premises or specified part of premises, or
(b) any specified area, or
(c) the whole or any specified part of the State.
A control order may provide for more than one control zone and for different classes of control zone.
The
The Minister may specify, as control measures under a control order, any measures that the Minister decides are reasonably necessary to prevent, eliminate, minimise or manage the biosecurity risk or biosecurity impact to which the order relates.
The control measures are to be no more onerous than the Minister considers necessary having regard to the nature of the biosecurity risk or biosecurity impact to which the order relates.
In deciding on the control measures, the Minister is to have regard to the principal objects of a control order and any other matters the Minister considers relevant.
The control measures may apply—
(a) within a control zone, and
(b) outside a control zone, but only if the Minister considers that reasonably necessary having regard to the nature of the biosecurity risk or biosecurity impact.
The control measures may—
(a) prohibit, regulate or control the doing of any thing, or
(b) require or authorise the doing of any thing.
A power to require the doing of a thing includes a power to require a person to arrange for that thing to be done.
Without limiting the powers conferred on the Minister by this Part, control measures may include provisions that prohibit, regulate or control, or that require or authorise, any of the following—
(a) activities that involve biosecurity matter, a carrier or a potential carrier,
(b) the use of premises for an activity that involves biosecurity matter, a carrier or a potential carrier,
(c) the movement of any biosecurity matter or other thing,
(d) the isolation, confinement or detention of any biosecurity matter or other thing,
(e) treatment measures to be carried out in relation to biosecurity matter, premises or any other thing,
(f) the erection or repair of fencing, gates or any other method of enclosure, or the taking of any other specified security or containment measures in relation to any premises, biosecurity matter or other thing,
(g) the erection of signs,
(h) the provision of samples of any biosecurity matter or other thing,
(i) the testing of any biosecurity matter or other thing,
(j) the obtaining of a biosecurity certificate in relation to biosecurity matter or any other thing,
(k) the installation or use of a device at any premises, for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing or capturing any biosecurity matter or other thing,
(l) the destruction, disposal or eradication of any thing (including by specifying the manner of destruction, disposal or eradication),
(m) any other matters expressly authorised by the regulations.
A control order in relation to or affecting a game animal (being a game animal within the meaning of the Game and Feral Animal Control Act 2002 that is specified in Part 1 or 1A of Schedule 3 to that Act) may only be made after consultation with the Chairperson of the Game and Pest Management Advisory Board constituted under that Act.
A failure to comply with this section does not affect the validity of a control order.
A control order in relation to or affecting native flora or fauna may only be made after consultation with the Minister for the Environment.
A failure to comply with this section does not affect the validity of a control order.
A control order cannot—
(a) prohibit, regulate or control the movement of a person, or
(b) require any treatment measure to be carried out on a person.
A control order cannot require a person to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.
Subsection (1)(a) does not prevent a control measure being imposed in relation to any biosecurity matter, premises, area, activity or thing that has an impact on the movement of a person but is not imposed for the purpose of restricting the movement of a person.
For example, a control measure cannot prohibit a person from leaving premises but could prohibit a person from taking a particular animal out of premises. This measure may have an impact on the movement of a person but is not imposed for that purpose.
A control order cannot require or authorise the destruction of a thing unless—
(a) the thing is, or is reasonably suspected of being, prohibited matter, or
(b) the thing is a carrier of, or reasonably suspected of being a carrier of, prohibited matter, or
(c) the thing is a pest to which the control order relates, or
(d) the thing is, or is reasonably suspected of being, infected or infested with, or harbouring, the biosecurity matter to which the control order relates and there are no other reasonably practicable treatment measures that could eliminate or minimise the biosecurity risk posed by the biosecurity matter, or
(e) the thing is, or is reasonably suspected of being—
(i) abandoned, and
(ii) biosecurity matter to which the control order relates or a carrier of biosecurity matter to which the control order relates.
In this section—
The Minister must not, in a control order, require the destruction of any living thing that is a protected animal or protected plant within the meaning of the Biodiversity Conservation Act 2016, except after consultation with the head of the government agency responsible for the administration of that Act.
The Minister must not, in a control order, require the destruction of any living thing that is a threatened species within the meaning of the Biodiversity Conservation Act 2016, except after consultation with the head of the government agency responsible for the administration of that Act.
The Minister must not, in a control order, require the clearing of any native vegetation within the meaning of Part 5A of the Local Land Services Act 2013, except after consultation with the head of the government agency responsible for the administration of that Part of that Act.
The Minister must not, in a control order, require harm (within the meaning of the Heritage Act 1977) to any building, work, relic, moveable object or place the subject of an interim heritage order or listing on the State Heritage Register under that Act, except after consultation with the head of the government agency responsible for the administration of that Act.
A failure to comply with this section does not affect the validity of a control order.
A person who contravenes a control order is guilty of an offence.
An offence against this section is a category 2 offence.
An offence against this section is an executive liability offence.
A person who is guilty of an offence against this section because the person contravenes a requirement of a control order—
(a) continues, until the requirement is complied with and despite the fact that any specified period or time for compliance has expired or passed, to be liable to comply with the requirement, and
(b) is guilty of a continuing offence for each day the contravention continues.
Subsection (4) does not apply to the extent that a requirement of a control order is revoked.
A person does not commit an offence against this section of contravening a control order unless—
(a) the order was published on a NSW Government website used by the Department or in the Gazette, or
(b) the person was served with a copy of the order.
If a person (the
The Secretary may charge the liable person a fee for action taken under this section.
The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.
Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency.
The fee is—
(a) a recoverable amount that is payable to the Secretary, and
(b) recoverable from the liable person.
See Part 20, which provides for the recovery of recoverable amounts.
The Secretary must give an occupier of premises used for residential purposes written notice of an intention to enter any part of the premises used only for residential purposes under this section.
The notice must specify the day on which the premises are intended to be entered and must be given before that day.
Notice is not required to be given if—
(a) entry is made with the consent of the occupier of the premises, or
(b) entry is made under the authority of a search warrant.
This section does not prevent the taking of proceedings for an offence of contravening a control order.
The Minister may, by order in writing, amend or revoke a control order.
An amendment to a control order may make provision for any matter for which a control order may make provision.
An amendment to, or revocation of, a control order takes effect, and is to be notified, in the same way as a control order.
The Minister may authorise a person to exercise any functions of the Minister under this Part.
The regulations may establish one or more biosecurity zones for the purpose of preventing, eliminating, minimising or managing a biosecurity risk or biosecurity impact.
The principal object of a biosecurity zone regulation is to provide for the long term management of a biosecurity risk or biosecurity impact.
Subsection (2) does not limit the matters that may be provided for by the regulations.
A biosecurity zone regulation is to specify the following—
(a) the biosecurity matter, biosecurity risk or biosecurity impact in relation to which the biosecurity zone is established,
(b) the biosecurity zone or zones,
(c) the regulatory measures,
(d) the persons or class of persons to whom those measures apply.
A
(a) any specified premises or specified part of premises, or
(b) any specified area, or
(c) the whole or any specified part of the State.
The regulations may provide for more than one biosecurity zone and for different classes of biosecurity zone.
The
The regulatory measures may apply within or outside a biosecurity zone.
The regulatory measures may—
(a) prohibit, regulate or control the doing of any thing, or
(b) require or authorise the doing of any thing.
A power to require the doing of a thing includes a power to require a person to arrange for that thing to be done.
Without limiting the power to make regulations conferred by this Part, the regulatory measures may include provisions that prohibit, regulate or control, or that require or authorise, any of the following—
(a) activities that involve biosecurity matter, a carrier or a potential carrier,
(b) the use of premises for an activity that involves biosecurity matter, a carrier or a potential carrier,
(c) the movement of any biosecurity matter or other thing,
(d) the isolation, confinement or detention of any biosecurity matter or other thing,
(e) the treatment measures to be carried out in relation to any biosecurity matter, premises or other thing,
(f) the erection or repair of fencing, gates or any other method of enclosure, or the taking of any other specified security or containment measures in relation to any premises, biosecurity matter or other thing,
(g) the erection of signs,
(h) the provision of samples of any biosecurity matter or other thing,
(i) the testing of any biosecurity matter or other thing,
(j) the obtaining of a biosecurity certificate in relation to any biosecurity matter or other thing,
(k) the installation or use of a device at any premises, for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing or capturing any biosecurity matter or other thing,
(l) the destruction, disposal or eradication of any thing (including by specifying the manner of destruction, disposal or eradication).
A biosecurity zone regulation cannot—
(a) prohibit, regulate or control the movement of a person, or
(b) require treatment measures to be carried out on any person.
A biosecurity zone regulation cannot require a person to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.
Subsection (1)(a) does not prevent a biosecurity zone regulation being imposed in relation to any biosecurity matter, premises, area, activity or thing that has an impact on the movement of a person but is not imposed for the purpose of restricting the movement of a person.
For example, a regulatory measure cannot prohibit a person from leaving premises but could prohibit a person from taking a particular animal or plant out of premises. This measure may have an impact on the movement of a person, but is not imposed for that purpose.
A biosecurity zone regulation cannot require or authorise the destruction of a thing unless—
(a) the thing is, or is reasonably suspected of being, prohibited matter, or
(b) the thing is a carrier of, or reasonably suspected of being a carrier of, prohibited matter, or
(c) the thing is a pest to which the biosecurity zone relates, or
(d) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, the biosecurity matter to which the regulations relate and there are no other reasonably practicable treatment measures that could eliminate or minimise the biosecurity risk posed by the biosecurity matter, or
(e) the thing is, or is reasonably suspected of being—
(i) abandoned, and
(ii) biosecurity matter to which the regulations relate or a carrier of biosecurity matter to which the regulations relate.
In this section—
The Minister is not to recommend to the Governor the making of a biosecurity zone regulation that would authorise or require the destruction of any living thing that is a protected animal or protected plant within the meaning of the Biodiversity Conservation Act 2016 unless the Minister has certified that he or she consulted with the Minister administering that Act before recommending the making of the regulation.
The Minister is not to recommend to the Governor the making of a biosecurity zone regulation that would authorise or require the destruction of any living thing that is a threatened species within the meaning of the Biodiversity Conservation Act 2016 unless the Minister has certified that he or she consulted with the Minister administering that Act before recommending the making of the regulation.
The Minister is not to recommend to the Governor the making of a biosecurity zone regulation that would authorise or require the clearing of any native vegetation within the meaning of Part 5A of the Local Land Services Act 2013 unless the Minister has certified that he or she consulted with the Minister administering that Part of that Act before recommending the making of the regulation.
The Minister is not to recommend to the Governor the making of a biosecurity zone regulation that would authorise or require harm (within the meaning of the Heritage Act 1977) to any building, work, relic, moveable object or place the subject of an interim heritage order or listing on the State Heritage Register under that Act unless the Minister has certified that he or she consulted with the Minister administering that Act before recommending the making of the regulation.
A failure to comply with this section does not affect the validity of any regulation.
A person who contravenes any biosecurity zone regulation is guilty of an offence.
An offence against this section is a category 2 offence.
An offence against this section is an executive liability offence.
A person who is guilty of an offence against this section because the person contravenes a requirement of a biosecurity zone regulation—
(a) continues, until the requirement is complied with and despite the fact that any specified period or time for compliance has expired or passed, to be liable to comply with the requirement, and
(b) is guilty of a continuing offence for each day the contravention continues.
Subsection (4) does not apply to the extent that a requirement of a biosecurity zone regulation is repealed.
If a person (the
The Secretary may charge the liable person a fee for action taken under this section.
The fee is to be no more than is reasonable to cover the costs and expenses incurred in connection with the action.
Costs and expenses incurred include costs and expenses incurred by or on behalf of any government agency.
The fee is—
(a) a recoverable amount that is payable to the Secretary, and
(b) recoverable from the liable person.
See Part 20, which provides for the recovery of recoverable amounts.
The Secretary must give an occupier of premises used for residential purposes written notice of an intention to enter any part of the premises used only for residential purposes under this section.
The notice must specify the day on which the premises are intended to be entered and must be given before that day.
Notice is not required to be given if—
(a) entry is made with the consent of the occupier of the premises, or
(b) entry is made under the authority of a search warrant.
This section does not prevent the taking of proceedings for an offence of contravening a biosecurity zone regulation.
An authorised officer may exercise the functions conferred by this Part for any of the following purposes—
(a) for the purpose of investigating, monitoring and enforcing compliance with the requirements imposed by or under this Act,
(b) for the purpose of obtaining information or records for purposes connected with the administration of this Act,
(c) if the authorised officer is a biosecurity auditor, for the purpose of exercising functions in connection with a biosecurity audit,
(d) for the purpose of assisting a biosecurity auditor to exercise the biosecurity auditor’s functions in connection with a biosecurity audit,
(e) for the purpose of preventing, eliminating, minimising or managing biosecurity risks or suspected biosecurity risks,
(f) for the purpose of preventing, managing or controlling a biosecurity impact,
(g) for the purpose of enforcing, administering or executing this Act (including any instrument made under this Act).
In this Part, a reference to an
The functions conferred by this Part may also be exercised in connection with the following legislation—
(a) the Stock Medicines Act 1989 and the regulations under that Act,
(b) any previous legislation, in respect of offences under the previous legislation that are alleged to have been committed before the enactment of this Act or in respect of any other provisions of the previous legislation that continue to have any force or effect after the enactment of this Act.
Accordingly, a reference in this Part to this Act or the regulations includes a reference to the Stock Medicines Act 1989, the regulations under the Stock Medicines Act 1989 and the previous legislation.
Nothing in this Part limits any function that an authorised officer has under a provision of the previous legislation that continues to have any force or effect after the enactment of this Act.
In this section—
(a) an Act or regulation repealed by this Act, or
(b) a provision of the Border Fence Maintenance Act 1921, the Fisheries Management Act 1994 or the Local Land Services Act 2013 that was repealed or amended by this Act, or any regulations under any such provision.
See Schedule 6 for a list of repealed Acts and Schedule 7 for transitional provisions relating to those repeals. Under Schedule 7, the repealed Acts continue to have effect in relation to some matters.
A provision of this Part that enables an authorised officer to exercise a function
(a) the authorised officer is required or authorised to exercise the function under an emergency order, or
(b) the authorised officer otherwise reasonably believes it is necessary to exercise the function because—
(i) a biosecurity emergency has occurred, is occurring or is imminent, or
(ii) the authorised officer reasonably suspects a biosecurity emergency has occurred, is occurring or is imminent.
A function under this Part is taken to have been exercised
The fact that this Part enables an authorised officer to exercise certain functions only in the case of an emergency does not prevent an authorised officer from exercising any other function conferred by this Part in the case of an emergency.
A power conferred by this Division may be exercised whether or not a power of entry under Division 3 is being exercised.
An authorised officer may, by notice in writing given to a person, require the person to furnish to the officer such information or records (or both) as he or she may require for an authorised purpose.
A notice under this Division must specify the manner in which information or records are required to be furnished and a reasonable time by which the information or records are required to be furnished.
A notice under this Division may only require a person to furnish existing records that are in the person’s possession or that are within the person’s power to obtain lawfully.
The person to whom any record is furnished under this Division may take copies of it.
If any record required to be furnished under this Division is in electronic, mechanical or other form, the notice requires the record to be furnished in written form, unless the notice otherwise provides.
An authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for an authorised purpose to answer questions in relation to those matters.
An authorised officer may, by notice in writing, require a corporation to nominate, in writing within the time specified in the notice, a director or officer of the corporation to be the corporation’s representative for the purpose of answering questions under this section.
Answers given by a person nominated under subsection (2) bind the corporation.
An authorised officer may, by notice in writing, require a person to attend at a specified place and time to answer questions under this section if attendance at that place is reasonably required in order that the questions can be properly put and answered.
The place and time at which a person may be required to attend under subsection (4) is to be—
(a) a place and time nominated by the person, or
(b) if the place and time nominated is not reasonable in the circumstances or a place and time is not nominated by the person, a place and time nominated by the authorised officer that is reasonable in the circumstances.
An authorised officer may cause any questions and answers to questions given under this Division to be recorded if the officer has informed the person who is to be questioned that the record is to be made.
Madagascar tree boa | |
Black marsh turtle/Asian box turtle/Thick-necked turtle | |
Cook Strait tuatara/Stephen Island tuatara | |
Common box-turtle | |
Ornate box turtle/Western box turtle | |
Spur-thighed tortoise/Greek tortoise | |
Hermann’s tortoise | |
Horsfield’s tortoise/Russian tortoise | |
Red-eared slider turtle/Common slider turtle/Yellow-bellied slider turtle | |
Gold tegu/Black tegu | |
Komodo dragon |
(Section 153)
Dealing with bees (other than an exempt dealing).
A person keeping bees in New South Wales for not more than 3 months in any 12-month period is an
(a) is registered to keep the bees under a corresponding law, and
(b) the hive in which the bees are kept has the person’s registration number clearly displayed, and
(c) the person has notified an authorised officer of the person’s name, address and other contact details, and
(d) the person notifies an authorised officer within 7 days after any bee kept by the person is brought into New South Wales.
In this clause,
(a) the Animal Diseases Act 2005 of the Australian Capital Territory,
(b) the Livestock Act of the Northern Territory,
(c) the Biosecurity Act 2014 of Queensland,
(d) the Livestock Act 1997 of South Australia,
(e) the Livestock Disease Control Act 1994 of Victoria,
(f) the Biosecurity and Agriculture Management Act 2007 of Western Australia.
Any dealing with any of the following animals, unless the dealing is for permitted exhibition purposes or for permitted research purposes—
(a) Antilope cervicapra (blackbuck),(b) Camelus dromedarius (One-humped camel/Dromedary), unless the animal is in any part of New South Wales other than the Western Division and is permanently identified in a manner approved by the Secretary,(c) Lama guanicoe (guanaco).
In this clause—
(a) a dealing with an animal is for
permitted exhibition purposes if the display of the animal is authorised (by a licence, approval or permit) under the Exhibited Animals Protection Act 1986 and the dealing is in relation to that display, and(b) a dealing with an animal is for
permitted research purposes if—(i) the person keeping the animal is accredited as a research establishment under the Animal Research Act 1985, or
(ii) the person keeping the animal holds an animal research authority under the Animal Research Act 1985, or
(iii) the person keeping the animal holds an animal supplier’s licence under the Animal Research Act 1985.
The prevention, elimination, management and minimisation of biosecurity risks.
The exemption of any person, class of persons, matter or thing from the operation of this Act or any specified provision of this Act, either unconditionally or subject to conditions.
The fees payable under this Act, including the following—
(a) exemptions from fees,
(b) reduction, waiver or refund of fees,
(c) payment of fees by instalments,
(d) the method by which a fee is to be calculated (such as by reference to an hourly rate),
(e) the time for payment of fees (including payment in advance or the payment of a deposit towards a fee),
(f) penalties for the late payment of fees,
(g) the charging of interest on overdue fees.
Provisions that are supplemental to emergency orders and control orders, including offences relating to emergency zones and control zones.
The functions of authorised officers under this Act or the Stock Medicines Act 1989.
The functions of local control authorities under this Act.
The marking, tracing or other identification of biosecurity matter or carriers of biosecurity matter (other than humans) for or in connection with the management or control of disease or other biosecurity impacts, whether on a mandatory or voluntary basis.
The classification of non-indigenous animals for the purposes of this Act.
The testing, analysis, vaccination and inoculation of biosecurity matter, including with respect to the following—
(a) the accreditation or authorisation of persons to carry out any specified testing, analysis, vaccination or inoculation,
(b) the use, manufacture, testing, distribution, storage, display or display for sale of any substance used for testing, analysing, vaccinating or inoculating biosecurity matter.
The regulation of stock foods, including with respect to the following—
(a) the amount or proportion of a specified ingredient or other thing that may be added to or contained in a stock food,
(b) the use, manufacture, testing, distribution, storage, display or display for sale of stock foods.
The regulation of fertilisers, liming materials and trace element products, including with respect to the following—
(a) the amount or proportion of a specified ingredient or other thing that may be added to or contained in a fertiliser, liming material or trace element product,
(b) the use, manufacture, testing, distribution, storage, display or display for sale of fertilisers, liming materials and trace element products.
(Repealed)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Any such provision has effect despite anything to the contrary in this Schedule.
The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Division—
A repealed Act continues to have effect in respect of—
(a) any relevant instrument in force immediately before the repeal of the repealed Act, and
(b) anything done (before or after the repeal of the repealed Act) under or in connection with such a relevant instrument.
A relevant instrument in force immediately before the repeal of a repealed Act—
(a) continues to have effect (despite the repeal of the repealed Act), and
(b) may be withdrawn, varied, revoked or cancelled in accordance with the repealed Act (as if that Act remained in force), and
(c) ceases to have effect as provided for by the repealed Act (as if that Act remained in force) or as provided for by this clause (whichever happens first).
Accordingly, any function conferred on any person under a repealed Act in connection with a relevant instrument (including a power to give directions or to seize or destroy any thing) may continue to be exercised after the repeal of the repealed Act as if that Act remained in force.
The Secretary may, by order in writing, declare that a relevant instrument is a superseded instrument.
A relevant instrument that is declared to be a superseded instrument ceases to have effect when the order takes effect.
This clause does not apply to the following—
(a) a permit or exemption granted or issued under a repealed Act,
(b) a licence or registration granted under a repealed Act.
Other provisions of this Part provide specifically for the transition of the instruments referred to in subclause (6).
Any regulations made under a repealed Act, as in force immediately before the repeal of the repealed Act, are taken to continue to have effect in relation to the relevant instruments and anything done under or in connection with the relevant instruments.
The power to make regulations conferred by Part 1 of this Schedule includes power to amend or revoke any regulation under a repealed Act that is taken to continue to have effect under this clause.
If a provision of a repealed Act continues to have effect, any liability or obligation imposed on a person by, under or in connection with a contravention of, that provision also continues to have effect.
Accordingly, a person may incur liability for an offence under a repealed Act after the repeal of the repealed Act.
For example, if the Minister declares an infected area under section 23 of the Apiaries Act 1985 before the repeal of that Act, the repealed Act continues to have effect in respect of that declaration. Accordingly, a person who, after the repeal of the repealed Act, enters the infected area in contravention of the order could be found guilty of an offence under section 23(6) of that Act.
However, a person cannot be found guilty of both an offence against this Act and an offence against a repealed Act in respect of the same act or omission occurring on the same occasion.
A permit granted or issued under a repealed Act and in force immediately before the repeal of the repealed Act continues to have effect on that repeal.
The permit remains in force for the period for which it was granted or issued under the repealed Act, unless it is sooner cancelled.
On the repeal of the repealed Act, this Act applies in respect of the permit as if it had been granted by a relevant decision-maker under Part 21 of this Act.
The permit is authority to engage in the conduct authorised by the permit for the purposes of both the repealed Act (to the extent that it continues to have effect) and this Act (to the extent it would otherwise prohibit the conduct concerned).
Any conditions of the permit imposed by the Minister, the Secretary, an inspector or authorised officer under the repealed Act that were in force immediately before the repeal of the repealed Act are taken on that repeal to be conditions of the permit under this Act (as if they had been imposed by a relevant decision-maker under section 347 of this Act).
To avoid doubt, a permit is also subject to any conditions prescribed by the regulations or imposed by a relevant decision-maker under this Act.
An application for a permit or a renewal of a permit that was duly made to the Minister, the Secretary, an inspector or an authorised officer under a repealed Act before the repeal of the repealed Act and not finally determined before the repeal of that Act is to be dealt with as an application for a permit or renewal of a permit under Part 21 of this Act.
A relevant decision-maker may require the applicant to comply with any requirement relating to the application that the applicant would have been required to comply with if the application had been made under section 341 or 345 of this Act.
A repealed Act continues to have effect in respect of anything seized, taken or removed under a power conferred by the repealed Act whether before or after the repeal of the repealed Act. Accordingly, such a thing is to be dealt with as provided for by the repealed Act (as if that Act remained in force).
This clause does not continue the operation of Part 7 of the Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991.
See Division 2.
A person who, immediately before the repeal of a repealed Act, was an inspector or authorised officer under the repealed Act is taken, on that repeal, to have been appointed as an authorised officer under this Act.
Appointment is subject to any conditions or limitations that were in force immediately before the repeal of the repealed Act.
Any instrument of authority as an inspector or authorised officer issued under a repealed Act is taken to be sufficient evidence of authority as an authorised officer under the Biosecurity Act 2015.
However, the Secretary is to issue each inspector or authorised officer appointed as an authorised officer under this clause with evidence of their authority to exercise functions as an authorised officer under the Biosecurity Act 2015 as soon as practicable.
This clause does not apply to police officers.
An authorised officer under this Act may exercise any function of an inspector or authorised officer under a provision of a repealed Act or a relevant instrument that continues to have effect. Accordingly, a reference in a repealed Act or relevant instrument to an inspector or authorised officer is taken, on the repeal of a repealed Act, to include a reference to an authorised officer under this Act.
The powers conferred on an authorised officer by subclause (1) are subject to any conditions or limitations that apply to the person’s appointment as an authorised officer under this Act.
Any evidence of authority as an authorised officer issued under this Act is taken to be sufficient evidence of authority to exercise the functions of an inspector or authorised officer under a repealed Act.
A person who, immediately before the repeal of a repealed Act, was an analyst under the repealed Act is taken, on that repeal, to have been appointed as an authorised analyst under this Act.
Appointment is subject to any conditions or limitations that were in force immediately before the repeal of the repealed Act.
An authorised analyst under this Act may exercise any function of an analyst under a provision of a repealed Act that continues to have effect after the repeal of that Act. Accordingly, a reference in a repealed Act to an analyst is taken to include a reference to an authorised analyst under this Act.
The powers conferred on an authorised analyst by subclause (3) are subject to any conditions or limitations that apply to the person’s appointment as an authorised analyst under this Act.
The Chief Veterinary Officer under this Act may exercise any function of the Chief Veterinary Officer under a provision of a repealed Act that continues to have effect after the repeal of that Act. Accordingly, a reference in a repealed Act to the Chief Veterinary Officer is taken to include a reference to the Chief Veterinary Officer under this Act.
Except as expressly provided for by this Act or the regulations under this Schedule, the repeal or amendment of any Act or regulation by this Act does not affect the continued operation of that Act or regulation—
(a) in respect of a relevant instrument or anything done under or in connection with a relevant instrument, or
(b) in respect of any appeals or other proceedings arising under or in connection with a repealed or amended Act or regulation.
In this Division—
If, on the repeal of the repealed Act, there is an order in force under section 76(1) of the repealed Act, the repealed Act and the regulations under the repealed Act continue to have effect in respect of the emergency animal disease or emergency animal pest that is the subject of the order.
Accordingly, any function conferred on any person by the repealed Act in respect of such an emergency animal disease or emergency animal pest may continue to be exercised as if the repealed Act remained in force.
Subclauses (1) and (2) cease to have effect at the end of the period of 6 months after the repeal of the repealed Act or, if another period is prescribed by the regulations, that period.
This clause is in addition to, and does not limit the operation of, clause 3.
A reference in clause 16 to the repeal of the repealed Act, in relation to any animal or property destroyed under a power conferred by this clause, is a reference to the date on which subclause (1) of this clause ceases to have effect.
Part 7 of the repealed Act continues to apply in relation to the destruction or death of an animal, or the destruction of property, before the repeal of the repealed Act.
Part 7 of the repealed Act extends to the destruction or death of an animal, or the destruction of property, after the repeal of the repealed Act if—
(a) the destruction is in accordance with a destruction order made under section 32 of the repealed Act before the repeal of that Act, or
(b) the destruction is in accordance with a destruction order made under section 32(1)(c) of the repealed Act after the repeal of that Act, in relation to an animal that is in a declared area that became a declared area under Part 3 of the repealed Act before its repeal, or
(c) the animal or property was seized under section 41 of the repealed Act before its repeal and was subsequently destroyed under section 42 of the repealed Act, or
(d) the animal was reported to the Secretary as being affected by an emergency animal disease to which that Part applied before the repeal of the repealed Act and subsequently died of a class A compensable disease.
In this Division—
Registration as a beekeeper under the repealed Act that was in force or subject to a suspension immediately before the repeal of the repealed Act is taken, on that repeal, to be biosecurity registration granted under this Act.
Biosecurity registration authorises the person registered as a beekeeper to engage in any dealing that the person was authorised to engage in by registration under the repealed Act.
Biosecurity registration remains in force for the period for which registration was granted under the repealed Act, unless it is sooner cancelled under this Act.
If registration was subject to a suspension immediately before the repeal of the repealed Act, the suspension continues to have effect as a suspension of biosecurity registration under this Act.
Any conditions imposed by the Director-General under section 8 of the repealed Act that were in force immediately before the repeal of the repealed Act are taken on the repeal of the repealed Act to be conditions of biosecurity registration (as if they had been imposed by the Secretary under section 165 of this Act).
To avoid doubt, biosecurity registration is also subject to any conditions prescribed by the regulations or imposed by the Secretary under this Act.
An application for registration or renewal of registration as a beekeeper duly made to the Director-General before the repeal of the repealed Act that was not finally determined before the repeal of that Act is to be dealt with as an application for biosecurity registration or renewal of biosecurity registration under this Act.
The Secretary may require the applicant to comply with any requirement relating to the application that the applicant would have been required to comply with if the application had been made under section 159 or 163 of this Act.
In this Division—
The Non-Indigenous Animals Advisory Committee is dissolved on the repeal of the repealed Act.
A person who held office as a member of the Non-Indigenous Animals Advisory Committee before the repeal of the repealed Act is not entitled to any compensation or remuneration because of the dissolution of that Committee.
A licence under the repealed Act that was in force immediately before the repeal of the repealed Act is taken on that repeal—
(a) if the licence related to an animal specified in Schedule 4—to be biosecurity registration under this Act, or
(b) in any other case—to be a permit granted under Part 21 of this Act.
The biosecurity registration or permit authorises the person who was the licence holder immediately before the repeal to keep the animals specified in the licence.
The biosecurity registration or permit remains in force for the period for which the licence was granted under the repealed Act, unless it is sooner cancelled.
Any conditions of the licence imposed by the Director-General under section 17 of the repealed Act that were in force immediately before the repeal of the repealed Act are taken on the repeal of the repealed Act to be—
(a) in the case of a licence that is taken to be biosecurity registration—conditions of the biosecurity registration (as if they had been imposed by the Secretary under section 165 of this Act), or
(b) in the case of a licence that is taken to be a permit—conditions of the permit (as if they had been imposed by the relevant decision-maker under section 347 of this Act).
To avoid doubt—
(a) any such biosecurity registration is also subject to any conditions prescribed by the regulations or imposed by the Secretary under this Act, and
(b) any such permit under this clause is also subject to any conditions prescribed by the regulations or imposed by the relevant decision-maker under this Act.
(Repealed)
An application for a licence or renewal of a licence under the repealed Act that was duly made to the Director-General before the repeal of the repealed Act and not finally determined before the repeal of that Act is to be dealt with as an application for biosecurity registration or renewal of biosecurity registration under this Act.
The Secretary may require the applicant to comply with any requirement relating to the application that the applicant would have been required to comply with if the application had been made under section 159 or 163 of this Act.
In this Division—
An owner or occupier of land (other than a public authority or a local control authority) given a weed control notice by a local control authority, or a successor in title to the owner or occupier who has notice of the notice, must not fail to comply with the notice.
Maximum penalty—100 penalty units.
This clause continues the operation of section 19 of the repealed Act, so that weed control notices issued under the repealed Act remain binding on owners and occupiers of land and their successors in title.
A person may apply to a local control authority for a certificate as to weed control notices affecting particular land and as to any outstanding expenses payable to the authority or any resulting charge on the land under the repealed Act.
The application—
(a) is to be in the form approved by the local control authority, and
(b) is to be accompanied by the fee approved by the local control authority, being a fee not exceeding the maximum amount (if any) prescribed by the regulations.
On an application being made in accordance with this clause, the local control authority is to issue a certificate to the applicant stating the following matters—
(a) whether there are in force any weed control notices issued by or on behalf of the authority or the Minister that affect the land,
(b) the amounts of expenses due or payable to the authority under the repealed Act in connection with any weed control notice given by the authority that affects the land and any subsequent action to control weeds taken by the authority under the repealed Act,
(c) whether the land is subject to any charge arising out of the control of weeds under the repealed Act and the amount of any such charge.
The production of the certificate is taken for all purposes to be conclusive proof in favour of a purchaser for value in good faith of the matters certified.
This clause continues the operation of section 64 of the repealed Act, so that prospective purchasers of land may find out about weed control notices issued under the repealed Act that remain in force.
An exemption granted by a local control authority under section 17A(4) of the repealed Act and in force on the repeal of the repealed Act continues to have effect on the repeal of the repealed Act.
On the repeal of the repealed Act, this Act applies in respect of the exemption as if it had been granted by the local control authority under clause 4(5) of Schedule 1 to this Act.
The exemption applies for the purposes of both the repealed Act (to the extent that it continues to have effect) and this Act (to the extent it would otherwise apply to the person or thing concerned).
Any conditions of the exemption imposed under the repealed Act that were in force immediately before the repeal of the repealed Act are taken on the repeal of the repealed Act to be conditions of the exemption under this Act.
The exemption remains in force for the period for which it was granted under the repealed Act, unless it is sooner revoked by order of the local control authority.
An exemption granted by the Director-General or the Minister under section 17A(5) or (6) of the repealed Act and in force on the repeal of the repealed Act continues to have effect on the repeal of the repealed Act.
On the repeal of the repealed Act, this Act applies in respect of the exemption as if it had been granted by the Secretary under section 402 of this Act.
The exemption applies for the purposes of both the repealed Act (to the extent that it continues to have effect) and this Act (to the extent it would otherwise apply to the person or thing concerned).
Any conditions of the exemption imposed under the repealed Act that were in force immediately before the repeal of the repealed Act are taken on the repeal of the repealed Act to be conditions of the exemption under this Act.
The exemption remains in force for the period for which it was granted under the repealed Act, unless it is sooner revoked by order of the Secretary.
Any advisory committee established under Division 2 of Part 5 of the repealed Act is dissolved on the repeal of that Act.
A person who held office as a member of such an advisory committee before the repeal of that Act is not entitled to any compensation or remuneration because of the dissolution of the committee.
A reference in any instrument made under the Environmental Planning and Assessment Act 1979 to a noxious weed under the repealed Act (however expressed) is to be read, on the repeal of that Act, as a reference to any weed (within the meaning of the Biosecurity Act 2015) that is a priority weed for the land or area to which the instrument applies.
A
In this clause—
The first report of the Independent Biosecurity Commissioner required under section 360R must—
(a) be tabled by 30 September 2025, and
(b) relate to the period starting on the day the Commissioner is appointed and ending on 30 June 2025.
(Repealed)
Biosecurity Act 2015 No 24. Assented to 22.9.2015. Date of commencement, Sch 8.26 [10] excepted, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017; Sch 8.26 [10] was not commenced and was repealed by the Local Land Services Amendment Act 2017 No 48. This Act has been amended as follows—
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.3, 8.7.2016, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 1.4, 6.1.2017, sec 2 (1). | |
No 5 | Biosecurity Amendment Act 2017. Assented to 14.3.2017. Date of commencement, assent, sec 2. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4.7, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). Sch 3.5 [2] was without effect as the provision being amended was repealed by sec 30C of the Interpretation Act 1987 No 15. | |
(230) | Biosecurity Amendment (Schedules to Act) Regulation 2017. LW 2.6.2017. Date of commencement, on publication on LW, cl 2. | |
No 48 | Local Land Services Amendment Act 2017. Assented to 13.10.2017. Date of commencement of Sch 2.1, assent, sec 2 (1). | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
(311) | Biosecurity Amendment (Pest Management) Regulation 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2. | |
(604) | Biosecurity Amendment (Miscellaneous) Regulation 2019. LW 13.12.2019. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 3, assent, sec 2(1); date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
No 8 | Greater Cities Commission Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(47) | Biosecurity Amendment (Miscellaneous) Regulation 2023. LW 17.2.2023. Date of commencement, on publication on LW, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 1.2, assent, sec 2(c). | |
No 56 | Biosecurity Amendment (Independent Biosecurity Commissioner) Act 2023. Assented to 12.12.2023. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 1, assent, sec 2(b). | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1.3, assent, sec 2(e). | |
(585) | Biosecurity Amendment (Miscellaneous) Regulation 2025. LW 31.10.2025. Date of commencement, on publication on LW, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 7 | Am 2016 No 27, Sch 1.3 [1] [2]; 2016 No 55, Sch 1.4 [1]; 2017 No 5, Sch 1 [1]; 2017 No 17, Sch 4.7 [1] [2]; 2017 No 65, Sch 2.2 [1]; 2020 No 30, Sch 3.8; 2023 No 56, Sch 1[1]; 2024 No 82, Sch 1.4[1] [2]. |
Sec 46 | Am 2024 No 47, Sch 1.4[1]. |
Sec 47 | Am 2024 No 47, Sch 1.4[1]. |
Sec 48 | Am 2025 No 48, Sch 1.3[1]. |
Sec 58 | Am 2024 No 47, Sch 1.4[1]. |
Sec 64 | Am 2024 No 47, Sch 1.4[1]. |
Sec 65 | Am 2024 No 47, Sch 1.4[1]. |
Sec 66 | Am 2025 No 48, Sch 1.3[2]. |
Sec 74 | Am 2018 No 25, Sch 3.3 [1]–[4]. |
Sec 75 | Am 2024 No 47, Sch 1.4[1]. |
Sec 86 | Am 2018 No 25, Sch 3.3 [1]–[4]. |
Sec 110 | Am 2024 No 47, Sch 1.4[2]. |
Sec 115 | Am 2018 No 25, Sch 3.3 [1]–[3]. |
Sec 127 | Am 2024 No 47, Sch 1.4[1]. |
Sec 137 | Am 2018 No 25, Sch 3.3 [1]–[3]. |
Sec 184A | Ins 2017 No 5, Sch 1 [2]. |
Sec 187 | Am 2017 No 5, Sch 1 [3]. |
Sec 190 | Am 2017 No 5, Sch 1 [4]. |
Sec 192 | Am 2017 No 5, Sch 1 [5]. |
Sec 193 | Am 2017 No 5, Sch 1 [6] [7]. |
Sec 197 | Am 2017 No 5, Sch 1 [8]. |
Sec 201 | Am 2017 No 5, Sch 1 [9]. |
Sec 204A | Ins 2017 No 5, Sch 1 [10]. |
Sec 205 | Am 2017 No 5, Sch 1 [11]. |
Sec 206 | Am 2017 No 5, Sch 1 [12]. |
Sec 208 | Am 2017 No 5, Sch 1 [13]. |
Sec 211 | Am 2017 No 5, Sch 1 [14]. |
Secs 214, 215, 218, 219 | Am 2017 No 5, Sch 1 [15]. |
Sec 220 | Am 2017 No 5, Sch 1 [16]. |
Sec 221 | Am 2017 No 5, Sch 1 [17]. |
Sec 222 | Am 2017 No 5, Sch 1 [18]. |
Secs 224–226 | Am 2017 No 5, Sch 1 [15]. |
Sec 228 | Am 2017 No 5, Sch 1 [15] [16]. |
Sec 229 | Am 2017 No 5, Sch 1 [17]. |
Sec 230 | Am 2017 No 5, Sch 1 [18]. |
Sec 232 | Am 2017 No 5, Sch 1 [19]. |
Sec 233 | Am 2017 No 5, Sch 1 [20]. |
Sec 235 | Am 2017 No 5, Sch 1 [15]. |
Sec 237 | Am 2017 No 5, Sch 1 [21]. |
Sec 238 | Am 2017 No 5, Sch 1 [22]. |
Sec 240 | Am 2017 No 5, Sch 1 [23]. |
Sec 241 | Am 2017 No 5, Sch 1 [17] [24] [25]. |
Sec 245 | Am 2017 No 5, Sch 1 [26]. |
Sec 249 | Am 2017 No 5, Sch 1 [27]. |
Sec 250A | Ins 2017 No 5, Sch 1 [28]. |
Sec 251 | Am 2017 No 5, Sch 1 [29]. |
Sec 252 | Am 2017 No 5, Sch 1 [30]. |
Sec 254 | Am 2017 No 5, Sch 1 [31]. |
Sec 257 | Am 2017 No 5, Sch 1 [32]. |
Sec 269A | Ins 2017 No 5, Sch 1 [33]. |
Sec 303 | Subst 2017 No 22, Sch 3.5 [1]. |
Sec 313 | Am 2022 No 59, Sch 1.3[1]. |
Sec 335 | Am 2024 No 47, Sch 1.4[1]. |
Part 21A | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 1 | Ins 2023 No 56, Sch 1[2]. |
Sec 360A | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 2 | Ins 2023 No 56, Sch 1[2]. |
Sec 360B | Ins 2023 No 56, Sch 1[2]. |
Sec 360C | Ins 2023 No 56, Sch 1[2]. |
Sec 360D | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 3 | Ins 2023 No 56, Sch 1[2]. |
Sec 360E | Ins 2023 No 56, Sch 1[2]. |
Sec 360F | Ins 2023 No 56, Sch 1[2]. |
Sec 360G | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 4 | Ins 2023 No 56, Sch 1[2]. |
Sec 360H | Ins 2023 No 56, Sch 1[2]. |
Sec 360I | Ins 2023 No 56, Sch 1[2]. |
Sec 360J | Ins 2023 No 56, Sch 1[2]. |
Sec 360K | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 5 | Ins 2023 No 56, Sch 1[2]. |
Sec 360L | Ins 2023 No 56, Sch 1[2]. |
Sec 360M | Ins 2023 No 56, Sch 1[2]. |
Sec 360N | Ins 2023 No 56, Sch 1[2]. |
Sec 360O | Ins 2023 No 56, Sch 1[2]. |
Sec 360P | Ins 2023 No 56, Sch 1[2]. |
Part 21A, Div 6 | Ins 2023 No 56, Sch 1[2]. |
Sec 360Q | Ins 2023 No 56, Sch 1[2]. |
Sec 360R | Ins 2023 No 56, Sch 1[2]. |
Sec 360S | Ins 2023 No 56, Sch 1[2]. |
Sec 360T | Ins 2023 No 56, Sch 1[2]. |
Sec 370 | Am 2017 No 17, Sch 4.7 [3] [4]; 2017 No 65, Sch 2.2 [2] [3]. |
Sec 381 | Am 2020 No 30, Sch 4.2. |
Sec 383 | Am 2017 No 17, Sch 4.7 [5]; 2023 No 56, Sch 1[3]. |
Sec 386 | Am 2018 No 25, Sch 3.3 [5] [6]. |
Sec 393 | Am 2017 No 5, Sch 1 [16] [34]. |
Sec 396 | Am 2024 No 47, Sch 1.4[1] [2]. |
Sec 398 | Rep 2023 No 35, Sch 1.2. |
Sec 404A | Ins 2017 No 5, Sch 1 [35]. |
Sec 405 | Rep 1987 No 15, sec 30C. |
Sch 1 | Am 2017 No 17, Sch 4.7 [6]. |
Sch 2 | Am 2015 No 58, Sch 2.2; 2017 (230), Sch 1 [1]–[10]; 2019 (604), Sch 1[1]–[7]; 2022 No 8, Sch 5.1; 2022 No 59, Sch 1.3[2]; 2023 (47), Sch 1[1]–[7]; 2025 (585), Sch 1[1]–[7]. |
Sch 3 | Am 2017 (230), Sch 1 [11]; 2018 (311), Sch 1 [1] [2]; 2019 (604), Sch 1[8]–[18]; 2023 (47), Sch 1[8]–[10]; 2024 No 47, Sch 1.4[3]. |
Sch 4 | Am 2017 (230), Sch 1 [12]; 2019 (604), Sch 1[19] [20]. |
Sch 6 | Rep 1987 No 15, sec 30C. |
Sch 7 | Am 2016 No 55, Sch 1.4 [2]; 2017 (230), Sch 1 [13]; 2023 No 56, Sch 1[4]. |
Sch 8 | Am 2016 No 27, Sch 1.3 [3]; 1987 No 15, sec 30C; 2017 No 48, Sch 2.1. Rep 1987 No 15, sec 30C. |
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