Biosecurity Act 2023 (ACT)
Biosecurity Act 2023
A2023-50
Republication No 3
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑28
About this republication
The republished law
This is a republication of the Biosecurity Act 2023 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Biosecurity Act 2023
Contents
Page
Part 1 Preliminary
Division 1.1 Introduction
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
7 Application of Act—emergency services and police 4
Division 1.2 Important concepts
8 Meaning of biosecurity matter 5
9 Meaning of carrier 6
10 Meaning of deal with biosecurity matter or carrier 6
11 Meaning of pest 7
12 Meaning of biosecurity impact 8
13 Meaning of biosecurity risk 9
14 Reasonable suspicion—carriers 9
15 Reasonable suspicion—disease infection 10
16 Reasonable suspicion—pest infestation 11
Part 2 Biosecurity duties and offences
Division 2.1 Principles applying to biosecurity duties
17 Biosecurity duties not transferable 13
18 Person can have more than 1 biosecurity duty 13
19 More than 1 person can have a biosecurity duty 13
20 Duty to manage biosecurity risk 14
21 Meaning of reasonable steps 14
Division 2.2 General biosecurity duty
22 General biosecurity duty 14
23 Specific biosecurity requirements 15
24 Offences—fail to comply with general biosecurity duty 16
Division 2.3 Duty to notify biosecurity events
25 Meaning of biosecurity event 17
26 Duty to notify biosecurity event 17
27 Offences—fail to comply with duty to notify biosecurity event 18
28 Duty to notify biosecurity event—self‑incrimination 19
Division 2.4 Duty to notify presence of notifiable biosecurity matter
29 Notifiable biosecurity matter 19
30 Duty to notify presence of notifiable biosecurity matter 19
31 Offences—fail to comply with duty to notify presence of notifiable biosecurity matter 20
32 Duty to notify presence of notifiable biosecurity matter—self‑incrimination 21
Division 2.5 Prohibited biosecurity matter
33 Prohibited biosecurity matter 21
34 Offences—deal with prohibited biosecurity matter 22
Division 2.6 Prohibited dealings with biosecurity matter
35 Prohibited dealings with biosecurity matter 23
36 Offences—engage in prohibited dealing 23
Division 2.7 Alternative verdicts
37 Alternative verdicts for offences 24
Part 3 Biosecurity emergency declarations
38 Emergency declarations 26
39 Emergency declarations—duration 27
40 Emergency declarations—notice 27
41 Emergency declarations—deciding emergency measures 28
42 Emergency declarations—scope of emergency measures 28
43 Emergency declarations—measures restricting movement of people 29
44 Emergency declarations—measures about treatment of people 31
45 Emergency declarations—measures about inspection of people 31
46 Emergency declarations—measures about destruction of things 31
47 Emergency declarations—prevail over other instruments 32
48 Emergency declarations—authorising actions and recovering costs 33
49 Offences—fail to comply with emergency declaration 34
50 Emergency declarations—protection of emergency actions 34
Part 4 Biosecurity control declarations
51 Control declarations 36
52 Control declarations—duration 37
53 Control declarations—notice 37
54 Control declarations—deciding control measures 37
55 Control declarations—scope of control measures 37
56 Control declarations—measures restricting movement of people 39
57 Control declarations—measures about treatment of people 39
58 Control declarations—measures about destruction of things 39
59 Control declarations—nature conservation and heritage matters 41
60 Control declarations—authorising actions and recovering costs 41
61 Offences—fail to comply with control declaration 42
Part 5 Biosecurity permits and group exemptions
Division 5.1 Biosecurity permits
62 Biosecurity permits authorise conduct otherwise prohibited 43
63 Permits—application 43
64 Permits—renewal application 44
65 Permits—additional information 44
66 Permits—change of information 44
67 Permits—decision on application 45
68 Permits—suitable person 46
69 Permits—duration 46
70 Permits—amendment 46
71 Permits—conditions 47
72 Permits—financial assurance conditions 47
73 Offences—fail to comply with permit condition 49
74 Permits—grounds for suspension or cancellation 49
75 Permits—suspension 50
76 Permits—notice of proposed suspension 50
77 Permits—immediate suspension without prior notice 51
78 Permits—cancellation 52
79 Permits—notice of proposed cancellation 52
80 Permits—immediate cancellation without prior notice 53
81 Permits—surrender 54
Division 5.2 Group exemptions
82 Group exemptions 54
83 Group exemptions—declaration 54
84 Group exemptions—duration 55
85 Group exemptions—conditions 55
86 Offences—fail to comply with group exemption condition 55
Division 5.3 Permits and group exemptions
87 Permits and group exemptions—exercise of functions in emergencies 56
Part 6 Biosecurity registration
88 Meaning of regulated dealing—pt 6 57
89 Biosecurity registration authorises regulated dealings 57
90 Offences—engage in regulated dealing without registration 57
91 Registration—application 58
92 Registration—renewal application 58
93 Registration—additional information 59
94 Registration—change of information 59
95 Registration—decision on application 59
96 Registration—suitable person 60
97 Registration—duration 61
98 Registration—amendment 61
99 Registration—conditions 61
100 Offences—fail to comply with registration condition 62
101 Registration—grounds for suspension or cancellation 63
102 Registration—suspension 63
103 Registration—notice of proposed suspension 64
104 Registration—immediate suspension without prior notice 64
105 Registration—cancellation 65
106 Registration—notice of proposed cancellation 65
107 Registration—immediate cancellation without prior notice 66
108 Registration—surrender 67
109 Registration—exercise of functions in emergencies 67
Part 7 Biosecurity certificates
110 Biosecurity certificates 69
111 Interstate biosecurity certificates 69
112 Offences—false or misleading biosecurity certificate 69
113 Offences—false representation about biosecurity certificate 70
Part 8 Biosecurity audits
114 Meaning of authorisation‑holder—pt 8 71
115 Biosecurity audits 71
116 Biosecurity audits—notice to authorisation‑holder 72
117 Biosecurity audits—reporting requirements 72
118 Biosecurity audits—immediate reporting requirements 73
119 Biosecurity audits—costs 74
Part 9 Biosecurity certifiers, auditors and authorities
Division 9.1 Certifiers, auditors and authorities
120 Definitions—pt 9 75
121 Approval of authorised people as certifiers and auditors 76
122 Recognition of interstate certifiers, auditors and authorities 76
123 Interstate authorisations—non-compliance notice 78
124 Interstate authorisations—proposed non-compliance notice requirements 78
125 Interstate authorisations—revocation of non-compliance notice 79
126 Authorisation of certifiers, auditors and authorities to exercise functions 79
Division 9.2 Approval of certifiers, auditors and authorities
127 Approvals—application 80
128 Approvals—renewal application 80
129 Approvals—additional information 81
130 Approvals—change of information 81
131 Approvals—decision on application 81
132 Approvals—suitable person 82
133 Approvals—authority criteria 82
134 Approvals—duration 83
135 Approvals—amendment 83
136 Approvals—conditions generally 84
137 Approvals—additional conditions for corporations 85
138 Offences—fail to comply with approval condition 85
139 Approvals—grounds for suspension or cancellation 85
140 Approvals—suspension 86
141 Approvals—notice of proposed suspension 86
142 Approvals—immediate suspension without prior notice 87
143 Approvals—cancellation 88
144 Approvals—notice of proposed cancellation 88
145 Approvals—surrender 88
Part 10 Biosecurity directions
146 Biosecurity directions 89
147 Biosecurity directions—giving directions 90
148 Biosecurity directions—scope of directions 91
149 Biosecurity directions—restricting movement of people 92
150 Biosecurity directions—treatment of people 93
151 Biosecurity directions—inspection of people 93
152 Biosecurity directions—destruction of things 93
153 Biosecurity directions—nature conservation and heritage matters 94
154 Biosecurity directions—recovery of costs 95
155 Biosecurity directions—authorising actions and recovering costs 95
156 Offences—fail to comply with biosecurity direction 96
157 Biosecurity directions—exercise of functions in emergencies 96
Part 11 Biosecurity undertakings
158 Biosecurity undertakings 98
159 Biosecurity undertakings—contents 98
160 Biosecurity undertakings—when enforceable 98
161 Biosecurity undertakings—amendment 98
162 Biosecurity undertakings—ending 99
163 Biosecurity undertakings—authorising actions and recovering costs 99
164 Biosecurity undertakings—orders requiring compliance 100
165 Biosecurity undertakings—effect on other proceedings 100
166 Offences—fail to comply with biosecurity undertaking 101
Part 12 Authorised people
Division 12.1 General
167 Definitions—pt 12 102
168 Authorised people 102
169 Identity cards 103
170 Use of assistants 103
171 Use of animals 104
172 Authorised person must show identity card on exercising power 104
Division 12.2 Powers of authorised people
173 Power to enter premises 105
174 Production of identity card 107
175 Consent to entry 107
176 General powers on entry to premises 109
177 Power to require information, documents, etc 111
178 Recovery of costs for action taken 112
179 Power to obtain, inspect and copy records 112
180 Power to require answers to questions 113
181 Evidence may be recorded 113
182 Abrogation of privilege against self‑incrimination 114
183 Warning to be given 114
184 Power to seize things 115
185 Direction to give name and address 116
186 Offences—fail to comply with direction to give name and address 117
187 Direction to stop vehicle 118
188 Offences—fail to comply with direction to stop vehicle 119
Division 12.3 Search warrants
189 Warrants generally 120
190 Warrants—application other than in person 121
191 Search warrants—announcement before entry 122
192 Details of search warrant to be given to occupier etc 123
193 Occupier entitled to be present during search etc 123
Division 12.4 Return and forfeiture of things seized
194 Receipt for things seized 124
195 Moving things to another place for inspection, processing or testing under search warrant 124
196 Access to things seized 125
197 Return of things seized 126
198 Forfeiture of things seized 127
Division 12.5 Limits on powers of authorised people
199 Authorised people—treatment of people 127
200 Authorised people—restricting movement of people 128
201 Authorised people—destruction of things 128
202 Authorised people—notice of proposed destruction 129
203 Authorised people—nature conservation and heritage matters 130
Division 12.6 Miscellaneous
204 Damage etc to be minimised 131
Part 13 Court proceedings
Division 13.1 Court proceedings generally
204A Time for beginning prosecution for certain offences 132
205 Evidence of analysts 132
206 Injunctions to restrain contravention of requirements 133
207 Recovery of costs, expenses and compensation after offence proved 134
Division 13.2 Court orders
208 Orders—generally 134
209 Orders for restoration and prevention 135
210 Prohibition orders 135
211 Publication orders 136
212 Orders to undertake training or other projects 137
Part 14 Compensation
213 Meaning of emergency biosecurity matter—pt 14 138
214 Compensation payable to owners of animals, plants and property 138
215 Amount of compensation payable 138
216 Other losses excluded 139
217 Time limit for claims 139
218 Grounds for refusing or reducing claim 139
219 Power to correct decision and require repayment 140
Part 15 Notification and review of decisions
220 Meaning of reviewable decision—pt 15 142
221 Reviewable decision notices 142
222 Applications for review 142
Part 15A Information sharing
222A Information sharing entities may give information to director-general etc 143
223 Disclosure of information—director‑general 145
224 Disclosure of information—certifier and auditor authorities 145
Part 16 Miscellaneous
225 Protection of officials from liability 146
226 Protection of others from liability 146
227 Criminal liability of executive officers 147
228 Meaning of influential person for a corporation 148
229 Appointment of analysts 149
230 Cruelty to animals not authorised 149
231 Limit on certain powers in relation to humans and residential premises 149
232 Minister may exempt people, biosecurity matter, etc 150
232A Applying, adopting or incorporating documents in regulations and instruments 150
233 Determination of fees 151
234 Regulation‑making power 151
Part 16A Transitional
234A Meaning of commencement day—pt 16A 153
234B Beekeepers registered under repealed Act 153
234C Authorised people and inspectors under repealed Acts 153
234D Transitional regulations 154
234E Expiry—pt 16A 155
Part 16B Transitional—Environment Legislation Amendment Act 2025
234F Meaning of commencement day—pt 16B 156
234G Applied, adopted or incorporated instruments 156
234H Expiry—pt 16B 156
Schedule 1 Reviewable decisions 157
Dictionary158
Endnotes
1 About the endnotes 165
2 Abbreviation key 165
3 Legislation history 166
4 Amendment history 167
5 Earlier republications 169
Biosecurity Act 2023
An Act to manage biosecurity risk, and for other purposes
Part 1Preliminary
Division 1.1 Introduction
Name of Act
This Act is the Biosecurity Act 2023.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, negligent, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The main objects of this Act are—
(a)to manage biosecurity risks arising from—
(i)biosecurity matter; and
(ii)dealings with biosecurity matter or carriers; and
(iii)other activities involving biosecurity matter or carriers; and
(b)to promote biosecurity as a shared responsibility between government, industry and the community; and
(c)to provide a flexible and responsive framework for the effective management of pests, diseases, contaminants and other biosecurity matter that may have an adverse effect on the environment, the economy or the community; and
(d)to provide a framework for risk‑based decision‑making in relation to biosecurity; and
(e)to give effect to intergovernmental biosecurity agreements to which the Territory is a party; and
(f)to facilitate trade by ensuring that biosecurity requirements in other jurisdictions are met.
Application of Act—emergency services and police
(1)This Act does not apply to the exercise or purported exercise of a function by—
(a)a relevant person under the Emergencies Act 2004, for the purpose of protecting life, property or the environment; or
(b)a police officer, for the purpose of protecting life or property.
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
member, of an emergency service—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)a member of an emergency service; or
(c)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer (ambulance service); or
(iii)the chief officer (fire and rescue service); or
(iv)the chief officer (rural fire service); or
(v)the chief officer (SES); or
(d)a police officer.
Division 1.2 Important concepts
Meaning of biosecurity matter
(1)In this Act:
biosecurity matter means any of the following:
(a)an animal, plant or other living thing, including an animal product, plant product or product of another living thing;
(b)a disease agent that can cause disease in—
(i)an animal, plant or other living thing; or
(ii)a human by way of transmission from a non‑human host;
(c)a contaminant;
(d)anything else prescribed by regulation.
(2)A reference to particular biosecurity matter—
(a)by a common name does not limit any reference to the biosecurity matter by its scientific name; and
(b)if the biosecurity matter has a life cycle—includes a reference to all stages of the life cycle of the biosecurity matter.
(3)In this section:
living thing—
(a)includes part of a living thing; but
(b)does not include a human.
Meaning of carrier
In this Act:
carrier means anything (including a human) that has, or is capable of having, biosecurity matter on it, attached to it or contained in it.
NoteA carrier does not include a human for certain provisions (see s 231).
Meaning of deal with biosecurity matter or carrier
In this Act:
deal, with biosecurity matter or a carrier—
(a)means the following:
(i)keep or manage the biosecurity matter or carrier;
(ii)have possession of the biosecurity matter or carrier;
(iii)produce, manufacture or supply the biosecurity matter or carrier;
(iv)import the biosecurity matter or carrier;
(v)acquire the biosecurity matter or carrier;
(vi)buy or sell the biosecurity matter or carrier;
(vii)dispose of or destroy the biosecurity matter or carrier;
(viii)mark, brand, tag or attach a device or other identifier to the biosecurity matter or carrier to identify or trace the biosecurity matter or carrier;
(ix)move the biosecurity matter or carrier;
(x)release the biosecurity matter or carrier from captivity into the environment;
(xi)use or treat the biosecurity matter or carrier for any purpose;
(xii)diagnose the biosecurity matter or carrier;
(xiii)breed, propagate, grow, raise, feed, clone or culture the biosecurity matter or carrier;
(xiv)experiment with the biosecurity matter or carrier;
(xv)display the biosecurity matter or carrier;
(xvi)enter into an agreement or arrangement to deal, or for another person to deal, with the biosecurity matter or carrier;
(xvii)cause or permit a dealing with the biosecurity matter or carrier;
(xviii)anything else prescribed by regulation; but
(b)does not include a circumstance prescribed by regulation.
Meaning of pest
(1)In this Act:
pest—
(a)means an animal or plant that has, or is likely to have, an adverse effect on the environment, the economy or the community, including by—
(i)competing with other organisms for resources including food, water, nutrients, habitat or sunlight; or
(ii)destroying or damaging the habitat of other organisms; or
(iii)preying or feeding on other organisms; or
(iv)transmitting disease to other organisms; or
(v)causing harm to other organisms because of toxicity or disturbance; or
(vi)reducing the productivity of any primary industry or the value of any primary produce; or
(vii)damaging infrastructure; or
(viii)reducing the amenity or aesthetic value of premises; or
(ix)harming or reducing biodiversity; or
(x)doing anything else, or having any other effect, prescribed by regulation; and
(b)includes a declared pest.
(2)The Minister may declare an animal or a plant to be a pest (a declared pest).
(3)A declaration is a notifiable instrument.
Meaning of biosecurity impact
(1)In this Act:
biosecurity impact means an adverse effect on the environment, the economy or the community that—
(a)arises from, or has the potential to arise from, biosecurity matter or a carrier, or a dealing with biosecurity matter or a carrier; and
(b)is related to at least 1 of the following:
(i)the introduction, presence, spread or increase of a pest in any part of the ACT;
(ii)the introduction, presence, spread or increase of a disease or disease agent in any part of the ACT;
(iii)an animal, plant, animal product or plant product becoming contaminated;
(iv)any other thing or circumstance prescribed by regulation.
(2)In this section:
contaminated, for an animal, plant, animal product or plant product, means the animal, plant or product contains a contaminant that makes it, or is likely to make it—
(a)unfit or unsuitable for use in a commercial or other activity; or
(b)a risk to human health or safety, or to the environment; or
(c)unfit for export or other trade.
Meaning of biosecurity risk
In this Act:
biosecurity risk means the risk of a biosecurity impact happening.
Reasonable suspicion—carriers
(1)An animal, plant or other thing may be reasonably suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that—
(a)biosecurity matter is present in or on, or is attached to, the animal, plant or other thing; or
(b)the animal, plant or other thing is or has been—
(i)in or with a flock, group or herd in which there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or
(ii)at a place where there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or
(iii)in a vehicle or other thing on or in which there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or
(c)there is present, at the place where the animal, plant or other thing is kept, a vehicle or other thing that has been at another place when the biosecurity matter or a carrier of the biosecurity matter was present at that other place.
(2)A place may be reasonably suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that—
(a)biosecurity matter is present at the place; or
(b)there is present, at the place, a vehicle or other thing that has been at another place when the biosecurity matter or a carrier of the biosecurity matter was present.
(3)It is not necessary for an animal or plant to be exhibiting signs of infection or contamination, or any other sign that it is a carrier, for a person to form a reasonable suspicion that the animal or plant is a carrier.
(4)This section does not prevent the director‑general, an authorised person or anyone else from using any other evidence or consideration available to them to form a reasonable suspicion that an animal, plant, place or other thing is a carrier of biosecurity matter.
Reasonable suspicion—disease infection
(1)An animal, plant or other thing may be reasonably suspected of being infected with a disease if there are reasonable grounds for suspecting that—
(a)a disease agent is present in or on the animal, plant or other thing; or
(b)the animal, plant or other thing is or has been—
(i)in or with a flock, group or herd in which there is or was an animal, plant or other thing infected with the disease; or
(ii)at a place where there is or was an animal, plant or other thing infected with the disease; or
(iii)in a vehicle or other thing on or in which there is or was an animal, plant or other thing infected with the disease.
(2)A place may be reasonably suspected of being infected with a disease if there are reasonable grounds for suspecting that a disease agent is present at the place.
(3)It is not necessary for an animal or plant to be exhibiting signs of a disease for a person to form a reasonable suspicion that the animal or plant is infected with a disease.
(4)This section does not prevent the director‑general, an authorised person or anyone else from using any other evidence or consideration available to them to form a reasonable suspicion that an animal, plant, place or other thing is infected with a disease.
Reasonable suspicion—pest infestation
(1)An animal or plant may be reasonably suspected of being infested with a pest if there are reasonable grounds for suspecting that the pest is present in or on, or is attached to, the animal or plant.
(2)A place or thing (other than an animal or plant) may be reasonably suspected of being infested with a pest if there are reasonable grounds for suspecting that—
(a)the pest is present at the place or on the thing; or
(b)there is present, at the place or on the thing, a vehicle or other thing that has been at another place when the pest was present at the other place.
(3)It is not necessary for an animal, plant, place or other thing to be exhibiting signs of infestation with a pest for a person to form a reasonable suspicion that the animal, plant, place or thing is infested with a pest.
(4)This section does not prevent the director‑general, an authorised person or anyone else from using any other evidence or consideration available to them to form a reasonable suspicion that an animal, plant, place or other thing is infested with a pest.
Part 2Biosecurity duties and offences
Division 2.1 Principles applying to biosecurity duties
Biosecurity duties not transferable
A person’s biosecurity duty cannot be transferred to another person.
Person can have more than 1 biosecurity duty
A person can have more than 1 biosecurity duty.
More than 1 person can have a biosecurity duty
(1)More than 1 person can have the same biosecurity duty at the same time.
(2)Each person who has a biosecurity duty must comply with the duty to the standard required by this Act even if another person has the same duty.
(3)If more than 1 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 comply with 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.
Duty to manage biosecurity risk
A duty imposed on a person to take all reasonable steps to manage a biosecurity risk is a duty—
(a)to take all reasonable steps to prevent or eliminate the risk; and
(b)if it is not reasonably practicable to prevent or eliminate the risk, to take all reasonable steps to minimise the risk.
Meaning of reasonable steps
For this Act, a person takes reasonable steps to manage a biosecurity risk if the person takes the steps they are reasonably able to take, taking into account all relevant matters including—
(a)the nature of the risk; and
(b)the degree of biosecurity impact that arises, or may arise, from the risk; and
(c)what the person knows about—
(i)the risk; and
(ii)the ways of managing the risk; and
(d)the availability and suitability of ways to manage the risk; and
(e)the cost of available ways of managing the risk, including whether the cost is grossly disproportionate to the risk.
Division 2.2 General biosecurity duty
General biosecurity duty
If a person deals with biosecurity matter or a carrier and the person knows, or reasonably ought to know, that the matter, carrier or dealing poses a biosecurity risk, the person has a duty (the general biosecurity duty) to take all reasonable steps to manage the risk.
Specific biosecurity requirements
(1)In this Act:
specific biosecurity requirement includes any requirement under this Act, or another territory law, that requires a person to do 1 or more of the following to manage a biosecurity risk or potential biosecurity risk:
(a)to take a stated action or do a stated thing;
(b)to refrain from engaging in a stated action or from doing a stated thing;
(c)to adopt, comply with or implement a standard, rule, code, guideline, program or other specification;
(d)to comply with a regulation, declaration, undertaking, condition, order, determination, direction, permit, notice or other instrument made or issued under this Act or any other territory law.
(2)The general biosecurity duty is not a specific biosecurity requirement.
(3)A specific biosecurity requirement is part of the general biosecurity duty.
(4)A person fails to comply with the general biosecurity duty in relation to biosecurity matter, a carrier or a dealing if the person fails to comply with an applicable specific biosecurity requirement in relation to the biosecurity matter, carrier or dealing.
(5)To remove any doubt, compliance with each applicable specific biosecurity requirement in relation to a dealing, biosecurity matter or carrier may not, of itself, be compliance with the general biosecurity duty in relation to that dealing, biosecurity matter or carrier.
Offences—fail to comply with general biosecurity duty
(1)A person commits an offence if the person—
(a)has a general biosecurity duty under section 22; and
(b)intentionally fails to comply with the duty.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if the person—
(a)has a general biosecurity duty under section 22; and
(b)negligently fails to comply with the duty.
Maximum penalty: 2 500 penalty units.
(3)A person commits an offence if—
(a)the person has a general biosecurity duty under section 22; and
(b)the person intentionally or negligently fails to comply with the duty; and
(c)the failure causes a significant biosecurity impact; and
(d)the person is reckless about whether the failure would cause a significant biosecurity impact.
Maximum penalty: 5 000 penalty units, imprisonment for 4 years or both.
Division 2.3 Duty to notify biosecurity events
Meaning of biosecurity event
In this Act:
biosecurity event—
(a)means an event that—
(i)has happened, is happening, or is likely to happen; and
(ii)has had, is having, or is likely to have a significant biosecurity impact; and
(b)includes the following events:
(i)the presence of prohibited biosecurity matter in any part of the ACT;
(ii)the appearance of ulcers or blisters on the mouth or feet of ruminants or pigs;
(iii)an unexplained and significant increase in a mortality rate or morbidity rate in plants or animals;
(iv)an unexplained and significant fall in production relating to plants or animals;
(v)the appearance of other unexplained and significant clinical signs in animals including, but not limited to, unexplained neurological signs or conditions;
(vi)anything else prescribed by regulation.
Duty to notify biosecurity event
(1)A person who becomes aware, or reasonably suspects, that a biosecurity event has happened, is happening or is likely to happen, has a duty to immediately notify the event in the way prescribed by regulation.
(2)However, the duty arises only if the person—
(a)is the owner, occupier or person in charge of, or has possession of, premises, a carrier or other thing in relation to which the biosecurity event has happened, is happening or is likely to happen; or
(b)becomes aware of, or suspects, the biosecurity event as a result of a 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 prescribed by regulation.
Offences—fail to comply with duty to notify biosecurity event
(1)A person commits an offence if the person—
(a)has a duty to notify a biosecurity event under section 26; and
(b)fails to comply with the duty.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person—
(a)has a duty to notify a biosecurity event under section 26; and
(b)intentionally or negligently fails to comply with the duty.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
(3)An offence against subsection (1) is a strict liability offence.
(4)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence.
(5)It is a defence to a prosecution for an offence against this section if the defendant proves that they believed on reasonable grounds that the biosecurity event was widely and publicly known.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).
Duty to notify biosecurity event—self‑incrimination
(1)A person is not excused from complying with the duty to notify a biosecurity event under section 26 on the ground that doing so may tend to incriminate the person or expose the person to a penalty.
(2)However, any information, document or thing obtained, directly or indirectly, because of the person complying with the duty is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence—
(a)against section 27; or
(b)arising out of the false or misleading nature of the information, document or thing.
Division 2.4 Duty to notify presence of notifiable biosecurity matter
Notifiable biosecurity matter
(1)The Minister may declare biosecurity matter to be notifiable (notifiable biosecurity matter) if satisfied that the biosecurity matter poses a biosecurity risk.
(2)A declaration is a notifiable instrument.
Duty to notify presence of notifiable biosecurity matter
(1)A person who becomes aware of, or reasonably suspects, the presence of notifiable biosecurity matter, has a duty to immediately notify the presence in the way prescribed by regulation.
(2)However, the duty arises only if the person—
(a)is the owner, occupier or person in charge of, or has possession of, premises, a carrier or other thing where the notifiable biosecurity matter is present or suspected of being present; or
(b)becomes aware of, or suspects, the presence of the notifiable biosecurity matter as a result of a 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 prescribed by regulation.
Offences—fail to comply with duty to notify presence of notifiable biosecurity matter
(1)A person commits an offence if the person—
(a)has a duty to notify the presence of notifiable biosecurity matter under section 30; and
(b)fails to comply with the duty.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person—
(a)has a duty to notify the presence of notifiable biosecurity matter under section 30; and
(b)intentionally or negligently fails to comply with the duty.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
(3)An offence against subsection (1) is a strict liability offence.
(4)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence.
(5)It is a defence to a prosecution for an offence against this section if the defendant proves that they believed on reasonable grounds that the presence of notifiable biosecurity matter was widely and publicly known.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).
Duty to notify presence of notifiable biosecurity matter—self‑incrimination
(1)A person is not excused from complying with the duty to notify the presence of notifiable biosecurity matter under section 30 on the ground that doing so may tend to incriminate the person or expose the person to a penalty.
(2)However, any information, document or thing obtained, directly or indirectly, because of the person complying with the duty is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence—
(a)against section 31; or
(b)arising out of the false or misleading nature of the information, document or thing.
Division 2.5 Prohibited biosecurity matter
Prohibited biosecurity matter
(1)The Minister may declare biosecurity matter to be prohibited (prohibited biosecurity matter) if satisfied that the biosecurity matter poses a significant biosecurity risk to any part of the ACT.
(2)A declaration may apply to a stated part of the ACT.
(3)A declaration is a notifiable instrument.
NoteThe presence of prohibited biosecurity matter in any part of the ACT is a biosecurity event and must be notified under s 26.
Offences—deal with prohibited biosecurity matter
(1)A person must not deal with prohibited biosecurity matter.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person intentionally or negligently deals with prohibited biosecurity matter.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
(3)An offence against subsection (1) is a strict liability offence.
(4)If, in a prosecution for an offence against this section, it is proved that prohibited biosecurity matter was on land occupied by the defendant, it is presumed, unless the contrary is proved, that the defendant had possession of the prohibited biosecurity matter.
(5)It is a defence to a prosecution for an offence against subsection (1) constituted by the defendant having prohibited biosecurity matter in their possession if the defendant proves that they did not know, and could not reasonably be expected to have known, that they had the prohibited biosecurity matter in their possession.
(6)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—
(a)they took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence; or
(b)they had a reasonable excuse for dealing with the prohibited biosecurity matter.
Note 1The defendant has a legal burden in relation to the matters mentioned in ss (4), (5) and (6) (see Criminal Code, s 59).
Note 2A biosecurity permit may authorise a permit‑holder to deal with prohibited biosecurity matter (see s 62).
Division 2.6 Prohibited dealings with biosecurity matter
Prohibited dealings with biosecurity matter
(1)The Minister may declare that a stated dealing with biosecurity matter is prohibited (a prohibited dealing) if satisfied that the dealing with the biosecurity matter poses a significant biosecurity risk to any part of the ACT.
(2)A declaration may apply to a stated part of the ACT.
(3)A declaration is a notifiable instrument.
Offences—engage in prohibited dealing
(1)A person must not engage in a prohibited dealing.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person intentionally or negligently engages in a prohibited dealing.
Maximum penalty: 2 500 penalty units.
(3)An offence against subsection (1) is a strict liability offence.
(4)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they had a reasonable excuse for engaging in the prohibited dealing.
Note 1The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).
Note 2A biosecurity permit may authorise the permit‑holder to engage in a prohibited dealing (see s 62).
Division 2.7 Alternative verdicts
Alternative verdicts for offences
(1)This section applies if, in a prosecution for a relevant offence, the trier of fact—
(a)is not satisfied beyond reasonable doubt that the defendant is guilty of the relevant offence; but
(b)is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
(2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
(3)In this section:
alternative offence, for a relevant offence, means an offence mentioned in table 37, column 3, for the offence.
relevant offence means an offence mentioned in table 37, column 2.
Table 37Alternative verdicts for offences—pt 2
| column 1 item | column 2 relevant offence | column 3 alternative offence |
| 1 | s 24 (3) (intentionally/negligently fail to comply with general biosecurity duty, cause significant biosecurity impact) | s 24 (1) s 24 (2) |
| 2 | s 27 (2) (intentionally/negligently fail to notify biosecurity event) | s 27 (1) (fail to notify biosecurity event) |
| 3 | s 31 (2) (intentionally/negligently fail to notify presence of notifiable biosecurity matter) | s 31 (1) (fail to notify presence of notifiable biosecurity matter) |
| 4 | s 34 (1) (deal with prohibited biosecurity matter) | s 73 (2) s 73 (1) |
| 5 | s 34 (2) (intentionally/negligently deal with prohibited biosecurity matter) | s 34 (1) s 73 (2) s 73 (1) |
| 6 | s 36 (1) (engage in prohibited dealing) | s 73 (2) s 73 (1) |
| 7 | s 36 (2) (intentionally/negligently engage in prohibited dealing) | s 36 (1) s 73 (2) s 73 (1) |
Part 3Biosecurity emergency declarations
Emergency declarations
(1)If the Minister is satisfied, or reasonably suspects, that there is a current or likely to happen biosecurity risk that may have a significant biosecurity impact, the Minister may declare a biosecurity emergency (an emergency declaration).
(2)An emergency declaration must state the following:
(a)the biosecurity risk that is the subject of the emergency, including the biosecurity matter (if known) and the biosecurity impact (if known);
(b)the measures the Minister considers reasonably necessary to respond to the emergency (the emergency measures);
(c)the area or premises where the emergency measures apply (the emergency zone);
(d)the people to whom the emergency measures apply;
(e)when the declaration expires.
(3)An emergency declaration may be made for 1 or more of the following purposes:
(a)to prevent the spread of the biosecurity matter;
(b)to eradicate the biosecurity matter (if practicable);
(c)for any other purpose the Minister considers necessary.
(4)An emergency declaration is a notifiable instrument unless—
(a)the emergency declaration applies only to stated premises (a property‑specific emergency declaration); and
(b)the Minister considers that it is appropriate to not notify the declaration.
Emergency declarations—duration
(1)An emergency declaration—
(a)comes into force immediately after it is made, or at any later time stated in the declaration; and
(b)ends 6 months after it comes into force, or any earlier time stated in the declaration.
(2)The Minister may extend, or further extend, an emergency declaration for an additional period of not longer than 6 months.
(3)An extension of an emergency declaration is a notifiable instrument unless the emergency declaration was not notified under section 38 (4).
Emergency declarations—notice
(1)The Minister must give public notice of—
(a)an emergency declaration; and
(b)an extension of an emergency declaration.
(2)However, if the emergency declaration is a property‑specific emergency declaration, the Minister may instead give a copy of the declaration, or extension, to the owner, occupier or person apparently in charge of the premises.
(3)The Minister must take reasonable steps to ensure that people who are likely to be directly affected by the declaration, or extension, are made aware of the declaration or extension.
Emergency declarations—deciding emergency measures
In deciding the emergency measures to include in an emergency declaration, the Minister must—
(a)ensure that an emergency measure is no more onerous than the Minister considers necessary, taking into account the nature of the biosecurity emergency; and
(b)consider—
(i)the purposes mentioned in section 38 (3); and
(ii)any other matter the Minister considers relevant.
Emergency declarations—scope of emergency measures
(1)Emergency measures may—
(a)prohibit, regulate or control the doing of anything related to the biosecurity risk; or
(b)require or authorise the doing of anything related to the biosecurity risk.
(2)In particular, emergency measures may prohibit, regulate, control, 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 any fencing, gate or other method of enclosure, or the taking of any other stated security or containment measure 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 marking, branding, tagging or attaching of a device or other identifier to any biosecurity matter or carrier to identify or trace the biosecurity matter or carrier;
(l)the installation or use of a device at any premises to detect or monitor the presence of any biosecurity matter or other thing;
(m)the installation or use of a device or bait at any premises to capture, kill or otherwise control any biosecurity matter or other thing;
(n)the destruction, disposal or eradication of any biosecurity matter or other thing (including the manner of destruction, disposal or eradication);
(o)any other matter prescribed by regulation.
Emergency declarations—measures restricting movement of people
(1)In addition to section 42, emergency measures may also do any of the following:
(a)prohibit, regulate or control entry into, or exit from, any stated premises or stated area;
(b)prohibit, regulate or control the use of any road within, or going into or out of, any stated premises or stated area (including by closing roads);
(c)require a person entering or leaving stated premises or a stated area to stop and, if required by an authorised person—
(i)allow themselves and anything in their possession to be inspected; and
(ii)carry out or permit external treatment measures to be carried out in relation to themselves and anything in their possession;
(d)prohibit a person from entering or leaving stated premises or a stated area unless the person has done either or both of the following:
(i)carried out a stated external treatment measure in relation to themselves;
(ii)carried out a stated treatment measure in relation to anything in the person’s possession.
(2)An emergency declaration must not prohibit, regulate, control or require the movement of a person, except as expressly provided in subsection (1).
(3)However, subsection (2) does not prevent an emergency measure being imposed in relation to any biosecurity matter, premises, activity or other thing, that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of the person.
Emergency declarations—measures about treatment of people
An emergency declaration must not require—
(a)a treatment measure, other than an external treatment measure, to be carried out in relation to a person; or
(b)a person to provide a sample of their blood, hair, saliva or any other body part or body fluid.
Emergency declarations—measures about inspection of people
A requirement in an emergency declaration that a person must allow themselves to be inspected by an authorised person only authorises the authorised person to require the person to do 1 or more of the following:
(a)to submit to a visual inspection (including of the exterior of the person’s clothing, accessories and shoes);
(b)to shake, or otherwise move, the person’s hair.
Emergency declarations—measures about destruction of things
(1)An emergency declaration must not require or authorise the destruction of any biosecurity matter or other thing unless the Minister is satisfied that—
(a)the destruction is reasonably necessary to manage a significant biosecurity impact; or
(b)the destruction is reasonably necessary to detect, diagnose or determine the cause of a disease; or
(c)if the biosecurity matter to be destroyed is an animal—the destruction is necessary to prevent or minimise an adverse effect on animal welfare, including any distress or likely distress to an animal.
(2)If an emergency declaration requires or authorises the destruction of any biosecurity matter or other thing, the Minister must ensure that a copy of the declaration is given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless—
(a)there appears to be no‑one immediately in control of it, and the owner or person in charge cannot be found after reasonable inquiry; and
(b)the Minister considers that, in the circumstances, the declaration must be carried out without delay or prior notice to the owner or person in charge.
Emergency declarations—prevail over other instruments
An emergency declaration prevails, to the extent of any inconsistency, over the following:
(a)a regulation;
(b)a control declaration;
(c)a biosecurity permit, other than a biosecurity permit that expressly relates or applies to the emergency;
(d)biosecurity registration;
(e)a biosecurity direction, other than a biosecurity direction given in relation to the emergency declaration;
(f)a biosecurity undertaking;
(g)any other authorisation, exemption or other right or instrument made or issued under this Act.
Emergency declarations—authorising actions and recovering costs
(1)If a person (the liable person) fails to comply with an emergency declaration, the director‑general may authorise a person to—
(a)enter premises; and
(b)take any action in relation to the premises, or anything at the premises, that the liable person is required by the declaration to take or is otherwise necessary to remedy the failure to comply.
(2)The director‑general may recover from the liable person the reasonable costs of taking action under this section.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(3)If the director‑general authorises a person to enter residential premises to take action under subsection (1), the director‑general must give written notice of the entry to an occupier of the premises.
(4)The notice must—
(a)state the day of entry; and
(b)be given to the occupier at least 1 day before the day of entry.
(5)However, notice is not required to be given if the person enters the residential premises—
(a)with the consent of an occupier of the premises; or
(b)under the authority of a warrant.
(6)Any action taken under this section for failure to comply with an emergency declaration, is in addition to the taking of a proceeding for an offence of failing to comply with an emergency declaration under section 49.
Offences—fail to comply with emergency declaration
(1)A person must comply with an emergency declaration.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person intentionally or negligently fails to comply with an emergency declaration.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
(3)An offence against subsection (1) is a strict liability offence.
(4)This section does not apply if, at the time the person committed the offence, the person was not made aware of the emergency declaration.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)For subsection (4) a person is made aware of an emergency declaration if—
(a)public notice of the declaration was given under section 40 (1); or
(b)the person was given a copy of the declaration; or
(c)an authorised person told the person orally, or in writing, about the declaration.
Emergency declarations—protection of emergency actions
(1)A court or tribunal must not grant an interim injunction, make any other interim order or give any other interim relief having the effect of preventing, restricting, staying or deferring any emergency declaration or anything authorised or required to be done under an emergency declaration during the period the declaration has effect.
(2)However, subsection (1) does not prevent a court or tribunal from making a permanent injunction or other final order in any proceeding at any time.
Part 4Biosecurity control declarations
Control declarations
(1)If the Minister is satisfied that it is necessary to manage a biosecurity risk or biosecurity impact, the Minister may make a declaration (a control declaration).
(2)A control declaration must state the following:
(a)the biosecurity risk or biosecurity impact that is the subject of the declaration, including the biosecurity matter (if known);
(b)the measures the Minister considers reasonably necessary to manage the biosecurity risk or biosecurity impact (the control measures);
(c)the area or premises where the control measures apply (the control zone);
(d)the people to whom the control measures apply;
(e)when the declaration expires.
(3)The main purpose of a control declaration is—
(a)to prevent the introduction into the ACT, or a part of the ACT, of biosecurity matter that poses, or is likely to pose, a biosecurity risk; or
(b)to eradicate from the ACT, or a part of the ACT, biosecurity matter that poses, or is likely to pose, a biosecurity risk; or
(c)if prevention or eradication are not reasonably practicable—to provide for the minimisation and management of a biosecurity risk or biosecurity impact.
(4)A control declaration is a notifiable instrument.
Control declarations—duration
A control declaration—
(a)commences on the day after it is notified, or any later day stated in the declaration; and
(b)ends 5 years after it commences, or any earlier day stated in the declaration.
Control declarations—notice
(1)The Minister must give public notice of a control declaration.
(2)The Minister must take reasonable steps to ensure that people who are likely to be directly affected by the declaration are made aware of the declaration.
Control declarations—deciding control measures
In deciding the control measures to include in a control declaration, the Minister must—
(a)ensure that a control measure is no more onerous than the Minister considers necessary, taking into account the nature of the biosecurity risk or biosecurity impact to which the declaration relates; and
(b)consider—
(i)the purposes mentioned in section 51 (3); and
(ii)any other matter the Minister considers relevant.
Control declarations—scope of control measures
(1)Control measures may—
(a)prohibit, regulate or control the doing of anything related to the biosecurity risk or biosecurity impact; or
(b)require or authorise the doing of anything related to the biosecurity risk or biosecurity impact.
(2)In particular, control measures may prohibit, regulate, control, 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 any biosecurity matter, premises or other thing;
(f)the erection or repair of any fencing, gate or other method of enclosure, or the taking of any other stated security or containment measure in relation to any biosecurity matter, premises 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 marking, branding, tagging or attaching of a device or other identifier to any biosecurity matter or carrier to identify or trace the biosecurity matter or carrier;
(l)the installation or use of a device at any premises to detect or monitor the presence of any biosecurity matter or other thing;
(m)the installation or use of a device or bait at any premises to capture, kill or otherwise control any biosecurity matter or other thing;
(n)the destruction, disposal or eradication of any biosecurity matter or other thing (including the manner of destruction, disposal or eradication);
(o)any other matter prescribed by regulation.
Control declarations—measures restricting movement of people
(1)A control declaration must not prohibit, regulate, control or require the movement of a person.
(2)However, subsection (1) 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 the person.
Control declarations—measures about treatment of people
A control declaration must not require—
(a)a treatment measure to be carried out in relation to a person; or
(b)a person to provide a sample of their blood, hair, saliva or any other body part or body fluid.
Control declarations—measures about destruction of things
(1)A control declaration must not require or authorise the destruction of any biosecurity matter or other thing unless—
(a)it is, or the Minister or an authorised person reasonably suspects it is, prohibited biosecurity matter; or
(b)it is, or the Minister or an authorised person reasonably suspects it is, a carrier of prohibited biosecurity matter; or
(c)it is a pest to which the control declaration relates; or
(d)both of the following apply:
(i)it is, or the Minister or an authorised person reasonably suspects it is, infected with, infested with or carrying biosecurity matter to which the control declaration relates;
(ii)there is no other reasonably practicable treatment measure that could eliminate or minimise the biosecurity risk posed by the biosecurity matter; or
(e)it is, or the Minister or an authorised person reasonably suspects it is—
(i)abandoned; and
(ii)biosecurity matter to which the control declaration relates, or a carrier of biosecurity matter to which the control declaration relates.
(2)If a control declaration requires or authorises the destruction of any biosecurity matter or other thing, the Minister must ensure that a copy of the declaration is given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless—
(a)there appears to be no‑one immediately in control of it, and the owner or person in charge cannot be found after reasonable inquiry; and
(b)the Minister considers that, in the circumstances, the declaration must be carried out without delay or prior notice to the owner or person in charge.
Control declarations—nature conservation and heritage matters
(1)A control declaration must not require a person to interfere with any of the following unless the Minister has consulted with the conservator of flora and fauna:
(a)a native animal, a native fish or a native plant;
(b)a natural or constructed structure or feature in a reserve;
(c)infrastructure in a reserve;
(d)a site or object of historical, archaeological, palaeontological or geological interest in a reserve.
(2)A control declaration must not require a person to interfere with a heritage place or object unless the Minister has consulted with the heritage council.
(3)A failure to comply with this section does not affect the validity of a control declaration.
Control declarations—authorising actions and recovering costs
(1)If a person (the liable person) fails to comply with a control declaration, the director‑general may authorise a person to—
(a)enter premises other than residential premises; and
(b)take any action in relation to the premises, or anything at the premises, that the liable person is required by the declaration to take or is otherwise necessary to remedy the failure to comply.
(2)The director‑general may recover from the liable person the reasonable costs of taking action under this section.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
(3)Any action taken under this section for failure to comply with a control declaration, is in addition to the taking of a proceeding for an offence of failing to comply with a control declaration under section 61.
Offences—fail to comply with control declaration
(1)A person must comply with a control declaration.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person intentionally or negligently fails to comply with a control declaration.
Maximum penalty: 1 000 penalty units.
(3)An offence against subsection (1) is a strict liability offence.
(4)This section does not apply if, at the time the person committed the offence, the person was not made aware of the control declaration.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)For subsection (4) a person is made aware of a control declaration if—
(a)public notice of the declaration was given under section 53 (1); or
(b)the person was given a copy of the declaration; or
(c)an authorised person told the person orally, or in writing, about the declaration.
Part 5Biosecurity permits and group exemptions
Division 5.1 Biosecurity permits
Biosecurity permits authorise conduct otherwise prohibited
(1)A biosecurity permit authorises a person (the permit‑holder) to engage in stated conduct that would otherwise be prohibited under this Act.
Examples—prohibited conduct
1 dealing with prohibited biosecurity matter (see s 34)
2 engaging in a prohibited dealing (see s 36)
3 failing to comply with an emergency declaration (see s 49)
(2)However, a biosecurity permit does not authorise conduct in contravention of an emergency declaration, or a biosecurity direction given in an emergency, unless the permit expressly relates or applies to the emergency.
(3)To remove any doubt, compliance with a biosecurity permit in relation to a dealing may not, of itself, be compliance with the general biosecurity duty in relation to the dealing.
Permits—application
(1)A person may apply to the director‑general for a biosecurity permit.
(2)An application must—
(a)be in writing; and
(b)state the conduct to be permitted; and
(c)include any information that the director‑general reasonably requires to decide the application.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Permits—renewal application
(1)A permit‑holder may apply to the director‑general for renewal of their biosecurity permit.
(2)An application must—
(a)be in writing; and
(b)include any information that the director‑general reasonably requires to decide the application.
(3)If an application for renewal is made before the permit expires, the biosecurity permit continues in force (unless otherwise suspended, cancelled or surrendered) until the director‑general notifies the applicant of a decision on the application.
Permits—additional information
(1)The director‑general may, by written notice, require an applicant for a biosecurity permit under section 63, or renewal under section 64, to give the director‑general additional information that the director‑general reasonably needs to decide the application, within a stated time and at a stated place.
(2)If the applicant does not comply with a requirement in the notice, the director‑general may refuse to consider the application further.
Permits—change of information
If the information in an application for a biosecurity permit under section 63, or renewal under section 64, changes before the application is decided, the applicant must give the director‑general written notice of the details of the change as soon as practicable.
Permits—decision on application
(1)If a person applies for a biosecurity permit under section 63, or renewal under section 64, the director‑general must—
(a)approve the application; or
(b)refuse the application.
(2)The director‑general may refuse the application if the director‑general is not satisfied that the applicant—
(a)is a suitable person to engage in the conduct to be authorised by the permit; or
(b)has the qualifications, skills, knowledge and experience to manage the biosecurity risk associated with the conduct to be authorised by the permit.
(3)The director‑general may also refuse the application—
(a)if satisfied that it would not be appropriate to issue, or renew, the permit because of an emergency; or
(b)if satisfied that the biosecurity risk associated with the conduct to be authorised by the permit is unacceptable; or
(c)on any grounds prescribed by regulation; or
(d)for any other reason the director‑general considers appropriate.
(4)The director‑general must give the applicant written notice of a decision to approve or refuse the application (a permit decision notice).
(5)If the director‑general fails to give an applicant a permit decision notice within the period prescribed by regulation, the director‑general is taken to have refused the application.
Permits—suitable person
(1)In deciding whether an applicant is a suitable person for section 67 (2) (a), the director‑general must consider the following matters:
(a)the applicant’s history of compliance with this Act and any other Act that is relevant to the biosecurity permit, and the applicant’s capacity to comply in the future;
(b)the outcome of any biosecurity audit in relation to the applicant;
(c)any other matter prescribed by regulation;
(d)any other matter the director‑general considers relevant.
(2)If the applicant is a corporation, the director‑general must also consider the matters mentioned in subsection (1) for each influential person for the corporation.
Permits—duration
(1)A biosecurity permit or renewal—
(a)starts on the day it is given, or any later day stated in the permit decision notice; and
(b)expires 5 years after it starts, or any earlier day stated in the notice.
(2)A permit has no effect during any period in which it is suspended.
Permits—amendment
(1)The director‑general may amend a biosecurity permit if satisfied that the amendment is necessary.
(2)An amendment may be made—
(a)on the director‑general’s own initiative; or
(b)on application by the permit‑holder.
Permits—conditions
A biosecurity permit includes—
(a)a condition that the permit‑holder must cooperate with any biosecurity audit required by the director‑general; and
(b)any other condition prescribed by regulation; and
(c)any other condition the director‑general considers appropriate, including any of the following:
(i)a condition requiring the permit‑holder to take out and maintain an insurance policy that indemnifies the permit‑holder against liability in relation to the conduct to be authorised by the permit;
(ii)a condition requiring the permit‑holder to do something before their permit is suspended, cancelled or surrendered to ensure that biosecurity matter and carriers are dealt with appropriately on the suspension, cancellation or surrender;
(iii)a financial assurance condition under section 72;
(iv)a condition providing that the permit does not take effect until a stated day, act or event.
Permits—financial assurance conditions
(1)The director‑general may impose a condition on a biosecurity permit requiring the permit‑holder to provide a financial assurance (a financial assurance condition) for anything required as a result of any of the following events (a secured event):
(a)the permit‑holder failing to comply with another condition on their permit;
(b)the permit‑holder giving any biosecurity matter that their permit authorises them to deal with, to the director‑general;
(c)the permit‑holder engaging in conduct that they are not authorised by the permit to engage in;
(d)the permit‑holder no longer being authorised to engage in the conduct authorised by the permit;
(e)the permit‑holder being unable, for any reason, to continue to engage in the conduct authorised by the permit.
(2)A financial assurance condition may require the permit‑holder to provide evidence of the financial assurance to the director‑general.
(3)A financial assurance condition may require financial assurance in 1 or more of the following forms:
(a)a bank guarantee;
(b)a bond;
(c)an insurance policy;
(d)a form prescribed by regulation;
(e)any other form the director‑general considers appropriate.
(4)A financial assurance condition may provide for the following matters:
(a)how the amount of financial assurance is to be worked out;
(b)the circumstances in which the financial assurance may be claimed or realised, and the procedure for claiming or realising the financial assurance;
(c)actions that may be taken after a secured event, including—
(i)when stated actions may be taken by the director‑general; and
(ii)when the director‑general may enter premises to take stated actions;
(d)when stated information must be provided;
(e)auditing of actions that may result in the financial assurance being claimed or realised;
(f)the administration of the financial assurance;
(g)the release of the financial assurance.
(5)A financial assurance may be claimed and realised, despite and without affecting—
(a)any liability of the permit‑holder for any penalty for an offence for a failure to comply to which the assurance relates; and
(b)any other action that may be taken, or is required to be taken, in relation to any failure to comply or other circumstance to which the assurance relates.
Offences—fail to comply with permit condition
(1)A permit‑holder must comply with the conditions on their biosecurity permit.
Maximum penalty: 50 penalty units.
(2)A permit‑holder commits an offence if—
(a)the permit is subject to a condition; and
(b)the permit‑holder intentionally or negligently fails to comply with the condition.
Maximum penalty: 2 500 penalty units.
(3)An offence against subsection (1) is a strict liability offence.
Permits—grounds for suspension or cancellation
Each of the following is a ground for suspending or cancelling a biosecurity permit:
(a)the permit‑holder has failed to comply with a provision of this Act;
(b)the permit‑holder is not a suitable person to engage in the conduct authorised by the permit;
(c)the permit‑holder does not have the qualifications, skills, knowledge and experience to manage the biosecurity risk associated with the conduct to be authorised by the permit;
(d)the permit‑holder used false or misleading information to obtain the permit;
(e)a ground for refusing to renew the permit exists;
(f)the suspension or cancellation is necessary because of an emergency;
(g)any other ground prescribed by regulation.
Permits—suspension
If the director‑general is satisfied there are grounds to suspend a biosecurity permit, the director‑general may suspend the permit by giving the permit‑holder a written suspension notice stating—
(a)the grounds for the suspension; and
(b)when the suspension takes effect; and
(c)when the suspension ends; and
(d)the actions required (if any) for the suspension to be revoked.
Permits—notice of proposed suspension
(1)Before suspending a biosecurity permit, the director‑general must give the permit‑holder a written notice stating—
(a)that the director‑general proposes to suspend the permit; and
(b)the grounds for the proposed suspension; and
(c)that the permit‑holder may, by a stated day that is at least 28 days after the day the notice is given to the permit‑holder, make a submission to the director‑general about the proposed suspension.
(2)If the permit‑holder makes a submission before the stated day, the director‑general must take the submission into account in deciding whether to suspend the permit.
(3)This section is subject to section 77.
Permits—immediate suspension without prior notice
(1)The director‑general need not give notice under section 76 before suspending a biosecurity permit—
(a)if the director‑general is satisfied that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit; or
(b)in an emergency; or
(c)for any other reason prescribed by regulation.
(2)However, if the director‑general suspends a permit without giving prior notice, the director‑general must give the permit‑holder a written notice stating—
(a)the grounds for the suspension; and
(b)that the permit‑holder may, by a stated day that is at least 28 days after the day the notice is given to the permit‑holder, make a submission to the director‑general about the suspension.
(3)If the permit‑holder makes a submission before the stated day, the director‑general must—
(a)consider the submission; and
(b)decide whether to revoke or continue the suspension; and
(c)give the permit‑holder written notice of the decision.
(e)the Nature Conservation Act 2014;
(f)the Stock Act 2005;
(g)the Urban Forest Act 2023.
information sharing entity means any of the following:
(a)an authorised officer under either of the following Acts:
(i)the Animal Welfare Act 1992;
(ii)the Environment Protection Act 1997;
(b)an authorised person under any of the following Acts:
(i)the Domestic Animals Act 2000;
(ii)the Fisheries Act 2000;
(iii)the Stock Act 2005;
(iv)the Urban Forest Act 2023;
(c)a conservation officer under the Nature Conservation Act 2014;
(d)an inspector under the Animal Welfare Act 1992;
(e)a director-general responsible for a biosecurity-related Act;
(f)a veterinary practitioner exercising a function, or carrying out a procedure, under a biosecurity-related Act;
(g)any other entity prescribed by regulation.
Examples—par (f)
· Animal Welfare Act 1992, s 84A, s 86 and s 86D
· Domestic Animals Act 2000, s 115
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
protected information means information about a person that is given to, or obtained by, an information sharing entity in the exercise of the entity’s functions under a biosecurity-related Act.
sensitive information—see the Information Privacy Act 2014, section 14.
Disclosure of information—director‑general
The director‑general may disclose to another entity any information that has been disclosed to, or obtained by, the director‑general in the exercise of a function under this Act if satisfied that—
(a)the information is necessary for the entity to exercise a function relating to managing a biosecurity risk; and
(b)the disclosure of the information to the entity is appropriate.
Disclosure of information—certifier and auditor authorities
A certifier authority or auditor authority may disclose to the director‑general any information that has been disclosed to, or obtained by, the authority in the exercise of a function under this Act.
Part 16Miscellaneous
Protection of officials from liability
(1)An official is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory.
(3)In this section:
official means—
(a)the director‑general; or
(b)an authorised person; or
(c)a person exercising a function under this Act.
Protection of others from liability
(1)Civil or criminal liability is not incurred only because of any of the following done honestly and without recklessness:
(a)giving the director‑general information about a biosecurity event, biosecurity risk or biosecurity impact;
(b)giving the director‑general other information about biosecurity matter or a carrier, or any dealing with biosecurity matter or a carrier.
(2)Also, giving any information about biosecurity matter or a carrier honestly and without recklessness to the director‑general is not—
(a)a breach of confidence; or
(b)a breach of professional etiquette or ethics; or
(c)a breach of a rule of professional conduct.
Criminal liability of executive officers
(1)An executive officer of a corporation is taken to commit an offence if—
(a)the corporation commits an offence against this Act (a relevant offence); and
(b)the officer was reckless about whether the relevant offence would be committed; and
(c)the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and
(d)the officer failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.
(2)Subsection (1) does not apply if the corporation has a defence to a prosecution for the relevant offence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following:
(a)any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):
(i)that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;
(ii)that the corporation implements any appropriate recommendation arising from such an assessment;
(iii)that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
(b)any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.
(4)Subsection (3) does not limit the matters the court may consider.
(5)This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.
(6)In this section:
executive officer, of a corporation—
(a)means a person, however described, who is concerned with, or takes part in, the corporation’s management; and
(b)includes a director of the corporation.
Meaning of influential person for a corporation
(1)In this Act:
influential person, for a corporation, means—
(a)an executive officer of the corporation; or
(b)a person who may exercise a relevant power in relation to the corporation; or
(c)a related corporation; or
(d)an executive officer of a related corporation.
(2)In this section:
executive officer, of a corporation—see section 227 (6).
related corporation means a related body corporate under the Corporations Act.
relevant power, for a corporation, means a power to—
(a)take part in a directorial, managerial or executive decision for the corporation; or
(b)elect or appoint a person as an executive officer in the corporation; or
(c)significantly influence the conduct of the corporation.
Appointment of analysts
(1)The director‑general may appoint a person as an analyst for this Act.
(2)However, the director‑general must not appoint a person as an analyst unless satisfied the person has the qualifications and experience necessary to exercise the functions of an analyst.
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
Cruelty to animals not authorised
Nothing in this Act authorises a contravention of the Animal Welfare Act 1992.
Limit on certain powers in relation to humans and residential premises
(1)For the following provisions, carrier does not include a human:
(a)section 42 (2) (k) (Emergency declarations—scope of emergency measures);
(b)section 55 (2) (k) (Control declarations—scope of emergency measures);
(c)section 148 (k) (Biosecurity directions—scope of directions);
(d)section 176 (1) (k) (General powers on entry to premises);
(e)section 234 (2) (b) and (d) (Regulation-making power).
(2)None of the following provisions authorise the installation or use of a device in a part of premises that is being used only for residential purposes without the consent of the occupier of the premises:
(a)section 42 (2) (l);
(b)section 55 (2) (l);
(c)section 148 (l);
(d)section 176 (1) (l).
Minister may exempt people, biosecurity matter, etc
(1)The Minister may declare that this Act, or a provision of this Act, does not apply to a stated person, biosecurity matter, carrier, premises or other thing.
(2)A declaration is a disallowable instrument.
232AApplying, adopting or incorporating documents in regulations and instruments
(1)A regulation or instrument may apply, adopt or incorporate (with or without change or modification)—
(a)a law, an Australian Standard or an Australian/New Zealand Standard as in force from time to time; or
(b)another instrument as in force from time to time.
(2)The Legislation Act, section 47 (5) and (6) do not apply to a document applied, adopted or incorporated under subsection (1).
(3)The director‑general must ensure that an instrument applied, adopted or incorporated under subsection (1) (b) is—
(a)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or
(b)accessible on an ACT government website, or by a link on an ACT government website.
(4)An instrument applied, adopted or incorporated under subsection (1) (b) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).
Determination of fees
(1)The Minister may determine fees for this Act.
(2)A determination is a disallowable instrument.
Regulation‑making power
(1)The Executive may make regulations for this Act.
(2)A regulation may make provision in relation to the following:
(a)any matter relating to the management of a biosecurity risk or biosecurity impact;
(b)the testing, analysis, vaccination, inoculation and other treatment of any biosecurity matter or carrier, including—
(i)the authorisation of a person to carry out the testing, analysis, vaccination, inoculation or other treatment; and
(ii)the use, manufacture, testing, distribution, storage, display or supply of any substance or equipment used for the testing, analysis, vaccination, inoculation or other treatment;
(c)the classification and identification of any premises, biosecurity matter, carrier or other thing;
(d)the marking, branding, tagging, or attaching of a device or other identifier to any biosecurity matter or carrier whether on a voluntary or mandatory basis;
(e)the establishment and administration of a register of people, premises, biosecurity matter, carriers, dealings or any other matter or other thing for this Act;
(f)animal food including—
(i)the amount of a stated ingredient or other thing that may be added to, or contained in, animal food; and
(ii)the use, manufacture, testing, distribution, storage, display or supply of animal food;
(g)fertilisers including—
(i)the amount of a stated ingredient or other thing that may be added to, or contained in, a fertiliser; and
(ii)the use, manufacture, testing, distribution, storage, display or supply of fertilisers.
(3)A regulation may apply, adopt or incorporate an instrument as in force from time to time.
NoteThe text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
(4)A regulation may create offences and fix maximum penalties of not more than 50 penalty units for the offences.
Part 16ATransitional
234AMeaning of commencement day—pt 16A
In this part:
commencement day means the day section 3 commences.
234BBeekeepers registered under repealed Act
(1)This section applies to a beekeeper registered under the repealed Act, part 5A as in force immediately before the commencement day.
(2)The registration continues in force under the repealed Act, and that Act, part 5A continues to apply in relation to the registration.
(3)The beekeeper’s registration ends on the earlier of the following:
(a)3 years after the day the registration was approved;
(b)the day the beekeeper’s biosecurity registration in relation to beekeeping is approved.
(4)In this section:
repealed Act means the Animal Diseases Act 2005.
234CAuthorised people and inspectors under repealed Acts
(1)This section applies to a person—
(a)appointed as an authorised person or inspector under a repealed appointment provision; and
(b)who was an authorised person or inspector immediately before the commencement day.
(2)The person is taken to be appointed as an authorised person under this Act, section 168 and the appointment continues in force until the end of the term of the appointment under the repealed appointment provision unless ended earlier.
(3)The following are taken to be statutory instruments made under this Act, section 168:
· Animal Diseases (Authorised People) Appointment 2023 (No 1) (NI2023‑593)
· Pest Plants and Animals (Authorised People) Appointment 2023 (No 1) (NI2023‑595)
· Plant Diseases (Inspectors) Appointment 2023 (No 1) (NI2023‑596).
(4)In this section:
repealed appointment provision means any of the following provisions:
(a)the Animal Diseases Act 2005, section 64;
(b)the Pest Plants and Animals Act 2005, section 30;
(c)the Plant Diseases Act 2002, section 19.
234DTransitional regulations
(1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
(2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3)A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
NoteA transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act, s 88).
234EExpiry—pt 16A
This part expires 3 years after the commencement day.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Part 16BTransitional—Environment Legislation Amendment Act 2025
234FMeaning of commencement day—pt 16B
In this part:
commencement day means the day the Environment Legislation Amendment Act 2025, section 4 commences.
234GApplied, adopted or incorporated instruments
(1)This section applies to a law, an Australian Standard or another instrument that, before the commencement day, was applied, adopted or incorporated (an applied instrument) by—
(a)the Biosecurity (National Livestock Identification System) Regulation 2025; or
(b)the Biosecurity Regulation 2025; or
(c)a statutory instrument made under the Biosecurity (National Livestock Identification System) Regulation 2025; or
(d)a statutory instrument made under the Biosecurity Regulation 2025.
(2)The applied instrument is taken to have been applied, adopted or incorporated under section 232A.
234HExpiry—pt 16B
This part expires 1 year after the commencement day.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Schedule 1Reviewable decisions
(see pt 15)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 67 | refuse permit | applicant |
| 2 | 67 | refuse renewal of permit | permit‑holder |
| 3 | 70 | amend permit | permit‑holder |
| 4 | 71 | impose condition on permit | permit‑holder |
| 5 | 75 | suspend permit | permit‑holder |
| 6 | 78 | cancel permit | permit‑holder |
| 7 | 95 | refuse registration | applicant |
| 8 | 95 | refuse renewal of registration | registered person |
| 9 | 98 | amend registration | registered person |
| 10 | 99 | impose condition on registration | registered person |
| 11 | 102 | suspend registration | registered person |
| 12 | 105 | cancel registration | registered person |
| 13 | 123 | give non-compliance notice | interstate entity with recognised approval |
| 14 | 131 | refuse approval | applicant |
| 15 | 131 | refuse to renew approval | approval‑holder |
| 16 | 135 | amend approval | approval‑holder |
| 17 | 136 | impose condition on approval | approval‑holder |
| 18 | 140 | suspend approval | approval‑holder |
| 19 | 143 | cancel approval | approval‑holder |
| 20 | 147 | give a biosecurity direction, other than a biosecurity direction given in an emergency | person directed |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· director‑general (see s 163)
· individual
· person (see s 160)
· police officer
· public notice
· the Territory
· veterinary practitioner.
analyst means a person appointed as an analyst under section 229.
animal means any of the following, whether alive or dead:
(a)a member of the animal kingdom, other than a human, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile and any other vertebrate or invertebrate member of the animal kingdom;
(b)an embryo, egg, sperm or any other reproductive material of a member of the animal kingdom other than a human.
animal product includes—
(a)the hide, skin, hair, wool, feather, shell, horn, scale, fin, hoof, viscera, offal or any other part of an animal; and
(b)meat, fat, eggs, honey, milk, whey, cream, butter, cheese or any other primary produce derived from an animal; and
(c)the urine, faeces, bone or blood of an animal, or any substance derived from the urine, faeces, bone or blood of an animal; and
(d)any secretion or excretion of an animal; and
(e)any product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal; and
(f)any other material of animal origin prescribed by regulation.
approval decision notice—see section 131 (3).
approval-holder—see section 120.
assess includes investigate.
auditor authority—see section 120.
audit report—see section 117 (1).
authorisation‑holder—see section 114.
authorised person means an authorised person mentioned in section 168.
biosecurity audit—see section 115 (1).
biosecurity auditor—see section 120.
biosecurity certificate—see section 110 (1).
biosecurity certifier—see section 120.
biosecurity direction—see section 146 (1).
biosecurity event—see section 25.
biosecurity impact—see section 12 (1).
biosecurity matter—see section 8 (1).
biosecurity permit—see section 62.
biosecurity registration—see section 89.
biosecurity risk—see section 13.
biosecurity undertaking—see section 158 (1).
carrier—see section 9.
certifier authority—see section 120.
community includes the community of the ACT, of areas surrounding the ACT, and of Australia as a whole.
connected, for part 12 (Enforcement—authorised people)—see section 167.
contaminant means a non‑living thing that—
(a)occurs in or on other biosecurity matter or a carrier; or
(b)may be ingested or absorbed by another biosecurity matter or a carrier.
control declaration—see section 51 (1).
control measures, for a control declaration, for part 4 (Biosecurity control declarations)—see section 51 (2) (b).
control zone, for a control declaration—see section 51 (2) (c).
corresponding biosecurity law—
(a)means a law of the Commonwealth, a State or another Territory that corresponds, or substantially corresponds, to this Act; and
(b)includes a law prescribed by regulation.
deal, with biosecurity matter or a carrier—see section 10.
declared pest—see section 11 (2).
disease includes—
(a)an infection or infestation of an organism resulting in, or having the potential to result in, an abnormal, pathological or unhealthy condition caused by a known or unknown disease agent or pest; or
(b)a syndrome, or a clinically identifiable set of signs or symptoms in an organism, for which the cause is known or unknown; or
(c)anything else prescribed by regulation.
disease agent includes a prion, virus, microorganism, infectious agent and parasite.
economy includes the economy of the ACT, of areas surrounding the ACT, and of Australia as a whole.
emergency biosecurity matter, for part 14 (Compensation)—see section 213.
emergency declaration—see section 38 (1).
emergency measures, for an emergency declaration—see section 38 (2) (b).
emergency zone, for an emergency declaration—see section 38 (2) (c).
environment includes the environment of the ACT, of areas surrounding the ACT, and of Australia as a whole.
external treatment measure, for a person, means a treatment that—
(a)is limited to the external parts of the person’s body; and
(b)does not require—
(i)anything to penetrate the person’s skin; or
(ii)the person to ingest anything.
general biosecurity duty—see section 22.
group exemption, for part 5 (Biosecurity permits and group exemptions)—see section 83 (1).
heritage place or object means a place or object registered, or nominated for provisional registration, under the Heritage Act 2004.
influential person, for a corporation—see section 228 (1).
infrastructure, in a reserve—see the Nature Conservation Act 2014, section 222 (7).
interfere with an item, includes damage or destroy the item.
interstate biosecurity certificate, for part 7 (Biosecurity certificates)—see section 111 (1).
manage, a biosecurity risk or biosecurity impact, includes assess, prevent, eliminate, minimise and control the risk or impact.
move includes transport and distribute.
native animal—see the Nature Conservation Act 2014, section 12.
native plant—see the Nature Conservation Act 2014, section 14.
notifiable biosecurity matter, for division 2.4 (Notifying presence of notifiable biosecurity matter)—see section 29 (1).
occupier, of premises, for part 12 (Enforcement—authorised people)—see section 167.
offence, for part 12 (Enforcement—authorised people)—see section 167.
permit decision notice, for division 5.1 (Biosecurity permits)—see section 67 (4).
permit‑holder—see section 62.
pest—see section 11 (1).
plant includes any member of the Plantae, Fungi or Protista kingdoms, whether whole or in part and whether alive or dead.
plant product includes dried plant material or timber.
possession, of a thing, includes having care, custody or control of the thing.
premises includes—
(a)any land, whether built on or not; and
(b)any building, structure or vehicle; and
(c)any public place or private place.
prohibited biosecurity matter—see section 33 (1).
prohibited dealing—see section 35 (1).
property‑specific emergency declaration—see section 38 (4).
reasonable steps, to manage a biosecurity risk—see section 21.
registered person means a person registered under part 6 (Biosecurity registration) to engage in a regulated dealing.
registration decision notice, for part 6 (Biosecurity registration)—see section 95 (4).
regulated dealing—see section 88.
reserve—see the Nature Conservation Act 2014, section 169 (1).
residential premises means any part of premises that is used only for residential purposes.
reviewable decision, for part 15 (Notification and review of decisions)—see section 220.
specific biosecurity requirement—see section 23 (1).
supply includes sell.
treatment measure—
(a)means a treatment, or process, used to manage a biosecurity risk or biosecurity impact; and
(b)includes—
(i)a process or measure to treat, clean, fumigate, irradiate, disinfect, medicate or vaccinate; and
(ii)destruction of any biosecurity matter or other thing.
vehicle means a conveyance of any kind, however propelled, and whether or not capable of being moved or operated and includes—
(a)a caravan, trailer, truck, train and any other land vehicle; and
(b)a vessel; and
(c)an aeroplane, helicopter, hot air balloon, drone and any other aircraft.
vessel includes—
(a)a ship, boat, hovercraft, ferry, raft and any other water craft; and
(b)a pontoon, floating pier and any other floating structure.
warrant, for part 12 (Enforcement—authorised people)—see section 167.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Biosecurity Act 2023 A2023-50
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
remainder commenced 15 May 2025 (s 2 (2))as amended by
Biosecurity Legislation Amendment Act 2024 A2024-11 sch 1 pt 1.1, sch 2 pt 2.2, sch 3 pt 3.3
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
sch 1 pt 1.1, sch 2 pt 2.2, sch 3 pt 3.3 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.9
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.9 commenced 16 November 2025 (s 2 (1))Environment Legislation Amendment Act 2025 A2025-28 pt 2
notified LR 12 November 2025
s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
pt 2 commenced 26 November 2025 (s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Duty to notify biosecurity event—self‑incrimination
s 28am A2024‑11 amdt 3.7
Offences—fail to comply with duty to notify presence of notifiable biosecurity matter
s 31am A2024‑11 amdt 1.1
Duty to notify presence of notifiable biosecurity matter—self‑incrimination
s 32am A2024‑11 amdt 3.8
Time for beginning prosecution for certain offences
s 204Ains A2024‑11 amdt 1.2
Information sharing
pt 15A hdgins A2024‑11 amdt 1.3
Information sharing entities may give information to director-general etc
s 222Ains A2024‑11 amdt 1.3
Disclosure of information—director‑general
s 223reloc to pt 15A A2024‑11 amdt 1.4
Disclosure of information—certifier and auditor authorities
s 224reloc to pt 15A A2024‑11 amdt 1.4
Criminal liability of executive officers
s 227am A2025‑29 amdt 3.28
Applying, adopting or incorporating documents in regulations and instruments
s 232Ains A2025‑28 s 4
Transitional
pt 16Ains A2024‑11 amdt 2.4
exp 15 May 2028 (s 234E)
Meaning of commencement day—pt 16A
s 234Ains A2024‑11 amdt 2.4
exp 15 May 2028 (s 234E)
Beekeepers registered under repealed Act
s 234Bins A2024‑11 amdt 2.4
exp 15 May 2028 (s 234E)
Authorised people and inspectors under repealed Acts
s 234Cins A2024‑11 amdt 2.4
exp 15 May 2028 (s 234E)
Transitional regulations
s 234Dins A2024‑11 amdt 2.4
exp 15 May 2028 (s 234E)
Expiry—pt 16A
s 234Eins A2024‑11 amdt 2.4
am A2025‑29 amdt 3.29
exp 15 May 2028 (s 234E)
Transitional—Environment Legislation Amendment Act 2025
pt 16B hdgins A2025‑28 s 5
exp 26 November 2026 (s 234H)
Meaning of commencement day—pt 16B
s 234Fins A2025‑28 s 5
exp 26 November 2026 (s 234H)
Applied, adopted or incorporated instruments
s 234Gins A2025‑28 s 5
exp 26 November 2026 (s 234H)
Expiry—pt 16B
s 234Hins A2025‑28 s 5
exp 26 November 2026 (s 234H)
Repeals
pt 17om LA s 89 (3)
Legislation repealed
s 235am A2024‑11 amdt 2.5
om LA s 89 (3)
Reviewable decisions
sch 1am A2025‑28 s 6
Dictionary
dictam A2024‑11 amdt 1.5
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
15 May 202515 May 2025–
15 Nov 2025A2024‑11 new Act and amendments by A2024‑11 R2
16 Nov 202516 Nov 2025–
25 Nov 2025A2025‑28 amendments by A2025‑29
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