Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
No. 62, 2015
Compilation No. 1
Compilation date: 20 September 2017
Includes amendments up to: Act No. 93, 2017
Registered: 27 September 2017
About this compilation
This compilation
This is a compilation of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 that shows the text of the law as amended and in force on 20 September 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Repeals
Quarantine Act 1908
Quarantine Charges (Collection) Act 2014
Schedule 2—Consequential amendments
Archives Act 1983
Australian Postal Corporation Act 1989
Biological Control Act 1984
Customs Act 1901
Customs Administration Act 1985
Environment Protection and Biodiversity Conservation Act 1999
Fisheries Management Act 1991
Freedom of Information Act 1982
Imported Food Control Act 1992
Industry Research and Development Act 1986
Maritime Powers Act 2013
Maritime Transport and Offshore Facilities Security Act 2003
Migration Act 1958
National Health Act 1953
National Health Security Act 2007
National Residue Survey (Customs) Levy Act 1998
Plant Breeder’s Rights Act 1994
Primary Industries (Customs) Charges Act 1999
Privacy Act 1988
Torres Strait Fisheries Act 1984
Schedule 3—Transitional provisions commencing on Royal Assent
Schedule 4—Application, saving and transitional provisions commencing later
Part 1—Preliminary
Part 2—Managing biosecurity risks: goods
Division 1—Goods brought into Australian territory or otherwise subject to quarantine
Division 2—Import permits
Division 3—Prohibited goods
Part 3—Managing biosecurity risks: conveyances
Part 4—Managing biosecurity risks: monitoring, control and response
Part 5—Co‑regulatory approvals and compliance agreements
Division 1—Co‑regulatory approvals
Division 2—Compliance agreements
Division 3—General provisions relating to…
Overview
The Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 was enacted to address the consequential and transitional matters arising from the enactment of the Biosecurity Act 2015. This Act was passed by the Parliament of Australia and received Royal Assent on 16 June 2015. It provides for the repeal of outdated legislation, such as the Quarantine Act 1908 and the Quarantine Charges (Collection) Act 2014, and makes necessary amendments and transitional provisions to ensure a smooth transition to the new biosecurity regime. The primary objective of this Act is to facilitate the implementation of the Biosecurity Act 2015 by addressing any legal inconsistencies and ensuring continuity in the management of biosecurity risks.
Scope and Application
The Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 deals with transitional and consequential matters arising from the enactment of the Biosecurity Act 2015. The Act applies to persons and entities involved in biosecurity activities, including those managing biosecurity risks associated with goods, conveyances, and monitoring, control, and response activities. It extends to goods, conveyances, and activities subject to biosecurity control within Australian territory, including its states, territories, and external territories such as the Cocos (Keeling) Islands and Christmas Island. The Act does not explicitly state exclusions or thresholds, but its application is contingent on the commencement of relevant provisions of the Biosecurity Act 2015. The Act itself and subordinate instruments, such as regulations, may extend or restrict its application. The Act includes provisions for transitional arrangements, such as the continuation of certain approvals and agreements, and the transition of certain functions and powers from the repealed Quarantine Act 1908 to the Biosecurity Act 2015.
Key Provisions
- The Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (C2015A00062) is a piece of Australian legislation that addresses consequential and transitional matters arising from the enactment of the Biosecurity Act 2015. This Act primarily involves the repeal of the Quarantine Act 1908 and the Quarantine Charges (Collection) Act 2014, and makes various amendments and transitional provisions to existing laws to align them with the new Biosecurity Act 2015 framework. The Act is structured with several schedules, each serving different purposes such as repealing old laws, amending existing laws, and providing transitional arrangements.
- The main operative sections of the Act, as referenced in the schedules, include repealing the Quarantine Act 1908 and the Quarantine Charges (Collection) Act 2014, and making consequential amendments to a wide array of other Acts to replace references to the repealed Acts with references to the Biosecurity Act 2015. For instance, it amends the Archives Act 1983 to adjust the definition of "Commission of inquiry" to reflect the new legislative framework. Similarly, it updates the Customs Act 1901 to replace references to "quarantine" with "biosecurity risks" and modifies definitions accordingly.
- The obligations and requirements imposed by the Act on the parties or entities it governs involve transitioning to the new Biosecurity Act 2015 framework. This includes adapting to new definitions, such as replacing "quarantine" with "biosecurity," and aligning operational procedures with the new legal requirements. For example, the Act requires that certain permissions and directions given under the repealed Quarantine Act continue to have effect under the Biosecurity Act 2015, with adjustments to reflect the new terminology and provisions.
- In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly detail penalties but implies that breaches of the new Biosecurity Act 2015, into which the repealed acts are transitioned, would be subject to the penalties prescribed therein. The Act ensures that certain directions, permissions, and notices under the repealed Quarantine Act continue to apply, with modifications to align with the new Act, indicating an intention to maintain continuity in enforcement and compliance without immediate changes to penalty structures. However, entities and individuals must ensure their compliance with the new Biosecurity Act 2015, which would govern their activities moving forward.
- Area of Law
- Environmental Law
- Animal Law
- Plant Law
- Food & Drug Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Transitional Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
