Biosecurity Regulation 2016 (Cth)

Case
No judgment structure available for this case.

Biosecurity Regulation 2016

made under the

Biosecurity Act 2015

Compilation No. 14

Compilation date:1 July 2025

Includes amendments:F2025L00797

About this compilation

This compilation

This is a compilation of the Biosecurity Regulation 2016 that shows the text of the law as amended and in force on 1 July 2025 (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 Register ( 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Chapter 1PreliminaryPart 1Preliminary1Name

This is the Biosecurity Regulation 2016.

3Authority

This instrument is made under the Biosecurity Act 2015.

4Extension of Biosecurity Act to Norfolk Island
  1. (1)

    For subsection 7(2) of the Biosecurity Act 2015, the Biosecurity Act 2015 (other than Chapter 5 which deals with ballast water) extends to Norfolk Island on and after 1 July 2016.

    Note: Chapter 5 of the Act extends to Norfolk Island because of section 259 of the Act.

    Application of this instrument to Norfolk Island

  2. (2)

    This instrument applies in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016, or in relation to things done in relation to persons, goods or conveyances moving to or from Norfolk Island on or after 1 July 2016.

Part 2Definitions5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Australian territory;

(b) conveyance;

(c) cost‑recovery charge;

(d) fee‑bearing activities;

(e) goods.

In this instrument:

Act means the Biosecurity Act 2015 and includes:

  1. (a)

    instruments made under that Act; and

  2. (b)

    the Regulatory Powers (Standard Provisions) Act 2014 as it applies in relation to the Biosecurity Act 2015.

animal reproductive material means any part of an animal from which another animal can be produced, and includes an embryo, an egg or ovum, or semen.

annual review program has the meaning given by subsection 90(1).

approved form:

  1. (a)

    for a notice under section 120 of the Act—means a form approved under paragraph 120(3)(d) of the Act; or

  2. (b)

    for a report under section 193 of the Act—means a form approved under paragraph 193(2)(d) of the Act.

Australia Post means the Australian Postal Corporation.

bee means an insect of the family Apoidea.

BIRA report means:

  1. (a)

    a draft BIRA report; or

  2. (b)

    a provisional BIRA report; or

  3. (c)

    a final BIRA report.

BIRA review report means:

  1. (a)

    a draft BIRA review report; or

  2. (b)

    a final BIRA review report.

bird does not include a chick that hatches while the egg is in a post‑entry quarantine facility.

category 1 goods means goods that are:

  1. (a)

    listed as category 1 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or

  2. (b)

    included in a class of goods that is listed as category 1 goods in such a determination.

category 1 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take no longer than 30 minutes to assess.

category 2 goods means goods that are:

  1. (a)

    listed as category 2 goods in a determination made by the Director of Biosecurity under subsection 524A(1) of the Act; or

  2. (b)

    included in a class of goods that is listed as category 2 goods in such a determination.

category 2 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 30 minutes but no longer than 1 hour to assess.

category 3 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 1 hour but no longer than 2 hours to assess.

category 4 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take more than 2 hours but no longer than 3 hours to assess.

category 5 permit application means an application for the grant or variation of an import permit, or the variation of a condition of an import permit, that the Director of Biosecurity expects will take longer than 3 hours to assess.

combined military activity means a military operation or a military training activity (excluding exhibitions, displays and air shows) where the Australian Defence Force and at least one other foreign military force act together to accomplish a military objective.

compensable item has the same meaning as in section 634 of the Act.

consignee, of goods, means the person who is the ultimate recipient of the goods, whether or not the person ordered or paid for the goods.

consignment, in Part 2 of Chapter 9, has a meaning affected by section 105.

container has the same meaning as in the Customs Act 1901.

customs broker has the same meaning as in the Customs Act 1901.

customs officer means an officer of Customs within the meaning of the Customs Act 1901.

Departmental holiday, in relation to the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is observed as a public holiday in the place where the activity is carried out.

disability assistance dog means a dog:

  1. (a)

    that has been professionally trained to assist a person with a disability; and

  2. (b)

    that is accompanying a person with such a disability who has a certificate from a medical specialist practitioner in a specialty relevant to the disability, stating that the person requires the assistance of such a dog.

draft BIRA report means a report prepared under section 25.

draft BIRA review report means a report prepared under section 37.

exempt exposed conveyance means a conveyance in relation to which section 192 of the Act does not apply because of the Biosecurity (Exposed Conveyances—Exceptions from Biosecurity Control) Determination 2016 (made under subsection 192(6) of the Act).

final BIRA report means a report prepared under section 27.

final BIRA review report means a report prepared under section 38.

freight forwarder means a person, a partnership or an unincorporated association that provides the service of arranging the transport of goods by air or sea.

health certificatehas the same meaning as in the Biosecurity (Conditionally Non‑prohibited Goods) Determination 2021.

human biosecurity official means any of the following:

  1. (a)

    a human biosecurity officer;

  2. (b)

    a chief human biosecurity officer;

  3. (c)

    the Director of Human Biosecurity.

husbandry activities, in relation to an animal, eggs or a plant that is in a post‑entry quarantine facility, means activities relating to the care and maintenance of the animal, eggs, or plant (for example, transport, housing, daily monitoring, feeding, cleaning of facilities and administration of medication).

import declarationhas the same meaning as in the Customs Act 1901.

import entry has the same meaning as in the Customs Act 1901.

import permit means a permit granted under section 179 of the Act that authorises a person to bring or import particular goods into Australian territory.

initial assessment fee:

  1. (a)

    for a category 1 permit application—means the fee referred to in column 2 of item 4 in the table in subsection 106(1); or

  2. (b)

    for a category 2 permit application—means the fee referred to in column 2 of item 5 in the table in subsection 106(1); or

  3. (c)

    for a category 3 permit application—means the fee referred to in column 2 of item 6 in the table in subsection 106(1); or

  4. (d)

    for a category 4 permit application—means the fee referred to in column 2 of item 7 in the table in subsection 106(1); or

  5. (e)

    for a category 5 permit application—means the fee referred to in column 2 of item 8 in the table in subsection 106(1).

initial assessment period:

  1. (a)

    for a category 1 permit application—means the period of 30 minutes; or

  2. (b)

    for a category 2 permit application—means the period of 1 hour; or

  3. (c)

    for a category 3 permit application—means the period of 2 hours; or

  4. (d)

    for a category 4 permit application—means the period of 3 hours; or

  5. (e)

    for a category 5 permit application—means the period of 4 hours.

in‑office activity means a fee‑bearing activity that is carried out:

  1. (a)

    at a post‑entry quarantine facility; or

  2. (b)

    at an office of the Agriculture Department; or

  3. (c)

    at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.

international traveller means a person who arrives at a landing place or port aboard an incoming aircraft or vessel.

isolation notice, in relation to goods that are required to be isolated in or on premises under subsection 17(1), means:

  1. (a)

    a notice affixed to, or as near as reasonably practicable to, the goods under subsection 139(1) of the Act or subsection 17(2) of this instrument; or

  2. (b)

    a notice affixed at each entry and exit point of the premises under subsection 17(2) of this instrument.

laboratory animal means an animal that is, or is intended to be, brought into Australian territory to be used in a laboratory or research institution.

non‑commercial vessel means a vessel that is used, or is intended to be used, wholly for recreational purposes (whether or not crew are employed on the vessel).

non‑scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is not made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.

ordinary hours of duty means the period that begins at 6.30 am and ends at 6.30 pm on a weekday.

out‑of‑office activity means a fee‑bearing activity that is not carried out:

  1. (a)

    at a post‑entry quarantine facility; or

  2. (b)

    at an office of the Agriculture Department; or

  3. (c)

    at a location that is agreed, for the purposes of facilitating a flexible working arrangement, between the person carrying out the activity and the Agriculture Department.

place of origin, in relation to goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel, means:

  1. (a)

    in the case of an animal—the country or place outside Australian territory where the health certificate relating to the export of the animal to Australian territory was issued; or

  2. (b)

    in the case of fertile eggs—the country or place outside Australian territory where the health certificate relating to the export of the eggs to Australian territory was issued; or

  3. (c)

    in any other case—the country or place outside Australian territory where the goods were manufactured, grown or obtained.

Note: If goods move from a part of Australian territory that is the origin part under the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 to another part of Australian territory, the place of origin in relation to the goods is the origin part.

post‑entry quarantine facility means a facility operated by, or on behalf of, the Commonwealth for the purpose of assessing and managing biosecurity risks associated with goods.

prescribed disinsection measures, for an incoming aircraft, means the disinsection measures prescribed for the aircraft by section 7 of the Biosecurity (Human Health) Regulation 2016.

provisional BIRA report means a report prepared under section 26.

review, by the Inspector‑General, means a review conducted under section 567 of the Act.

Note: See Chapter 8 of this instrument.

review report, in relation to a review by the Inspector‑General under Chapter 8, means:

  1. (a)

    a draft review report prepared under section 96; or

  2. (b)

    a final review report prepared under section 97.

scheduled flight, in relation to an aircraft, means a flight by the aircraft into or from Australian territory where the flight is made under the authority of an international airline licence granted under regulations made under the Air Navigation Act 1920.

ship sanitation certificatehas the same meaning as in the Biosecurity (Human Health) Regulation 2016.

slot charterer means a person, a partnership or an unincorporated association that hires space on an aircraft or vessel for the transport of goods.

special processing area of a landing place or port for the carrying out of a fee‑bearing activity means:

  1. (a)

    if the landing place or port is commonly used by incoming aircraft or vessels—an area of the landing place or port other than an area in which the fee‑bearing activity is carried out in relation to a majority of international travellers arriving at the landing place or port; or

  2. (b)

    otherwise—an area of the landing place or port in which the fee‑bearing activity is, or is to be, carried out in relation to international travellers arriving at the landing place or port.

Torres Strait permanent biosecurity monitoring zone has the meaning given by subsection 117(3).

training, in Part 2 of Chapter 9, means training of a person in relation to matters associated with the operation of:

  1. (a)

    an approved arrangement; or

  2. (b)

    another arrangement with the Commonwealth relating to the assessment and management of biosecurity risks.

weekday, for the carrying out of a fee‑bearing activity, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a Departmental holiday in the place where the activity is carried out.

working day, for the carrying out of a fee‑bearing activity, means a period of 7.5 hours during which a person carries out the activity within the ordinary hours of duty.

zoo animal means an animal that is, or is intended to be, brought into Australian territory to be kept at one of the following in Australian territory:

  1. (a)

    a zoo;

  2. (b)

    a wildlife park;

  3. (c)

    a breeding centre for endangered species;

  4. (d)

    a facility that is registered or licensed under an Australian law as a place where particular kinds of animals may be kept for conservation or display purposes.

6High‑value conveyance – prescribed amount

For the definition of high‑value conveyance in section 9 of the Act, $999.99 is prescribed.

7High‑value goods – prescribed amounts

For the definition of high‑value goods in section 9 of the Act, the following values are prescribed:

  1. (a)

    for goods (other than animals or animal reproductive material) that are to be treated in a manner that is likely to damage them—$999 999.99;

  2. (b)

    for goods (other than animals or animal reproductive material) that are to be destroyed—$9 999.99;

  3. (c)

    for goods that are animals or animal reproductive material—$9 999.99.

8References to animals

Unless otherwise stated, a reference in this instrument to an animal is a reference to a live animal.

Chapter 2Managing biosecurity risks: goodsPart 1Notice of goods to be unloaded in Australian territoryDivision 1Preliminary9Purpose of this Part
  1. (1)

    For subsection 120(2), paragraphs 120(3)(a), (b) and (c) and subsection 120(4) of the Act, this Part makes provision for and in relation to notices that must be given of goods that are, or are intended to be:

    1. (a)

      brought into Australian territory; and

    2. (b)

      unloaded at a landing place or port in Australian territory.

    Note: A notice is not required for goods originating in Australian territory that leave temporarily for the purpose of travelling between landing places or ports in Australian territory (see subsection 120(1) of the Act).

  2. (2)

    In particular, this Part makes provision for and in relation to the following:

    1. (a)

      the persons who may give a notice;

    2. (b)

      the information that must be included in a notice;

    3. (c)

      the manner in which a notice must be given;

    4. (d)

      the person to whom a notice must be given;

    5. (e)

      the time at which, or the period during which, a notice must be given;

    6. (f)

      exceptions to the requirement to give a notice.

Division 2Goods to be unloaded in Australian territory other than in certain external Territories10Application of this Division

This Division makes provision for and in relation to notices that must be given of goods that are, or are intended to be:

  1. (a)

    brought into Australian territory, other than Norfolk Island, Christmas Island or Cocos (Keeling) Islands; and

  2. (b)

    unloaded at a landing place or port in Australian territory, other than Norfolk Island, Christmas Island or Cocos (Keeling) Islands.

Note: Division 3 makes provision for and in relation to notices that must be given of goods that are, or are intended to be, brought into Norfolk Island, Christmas Island or Cocos (Keeling) Islands and unloaded at a landing place or port in Norfolk Island, Christmas Island or Cocos (Keeling) Islands.

11Notice of goods – general

Application

(1)

This section makes provision in relation to a notice of the following goods (the goods):

  1. (a)

    goods (other than empty containers) that are, or are intended to be, brought into Australian territory on an aircraft or vessel and unloaded at a landing place or port in Australian territory;

  2. (b)

    empty containers that are, or are intended to be, brought into Australian territory on a vessel and unloaded at a port in Australian territory.

Note 1: Other notices may be required to be given in relation to the goods at different times (see sections 12, 13 and 14).

Note 2: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.

Note 3: Notice is not required to be given in relation to certain kinds of goods (see section 16).

Who may give notice

(2)

Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:

  1. (a)

    the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

  2. (b)

    each slot charterer (if any) who arranged for the transport of the goods into Australian territory;

  3. (c)

    each freight forwarder (if any) who arranged for the transport of the goods into Australian territory;

  4. (d)

    each person who is responsible for arranging to bring the goods into Australian territory.

Information that must be included in notice

(3)

The information in relation to the goods that must be included in the notice is the information prescribed in the following table that the person giving the notice is aware of or could reasonably be expected to be aware of.

Information that must be included in notice

Item

Column 1

Class of goods

Column 2

Information

1

Goods (other than empty containers referred to in item 2) that are, or are intended to be, brought into Australian territory on an aircraft or vessel

All of the following:

(a) information identifying the aircraft (including the flight number) or vessel (including the voyage number);

(b) the place where the goods were, or are intended to be, loaded onto the aircraft or vessel;

(c) the first landing place or port in Australian territory where the goods are intended to be brought;

(d) each landing place or port in Australian territory where the goods are intended to be unloaded;

(e) the estimated day of arrival at each landing place or port referred to in paragraphs (c) and (d) of the aircraft or vessel bringing the goods to the landing place or port;

(f) the place in Australian territory that is, or is intended to be, the final destination of the goods;

(g) the name and contact details of:

(i) the person giving the notice; and

(ii) the owner of the goods;

(h) the number of the waybill or bill of lading (however described) for the goods;

(i) a description of the goods;

(j) the place of origin of the goods, and any additional information about where the goods were manufactured, grown or obtained required by the approved form;

(k) whether the goods are unaccompanied personal effects;

(l) if the goods are, or are intended to be, brought into Australian territory on a vessel:

(i) whether the goods are, or are intended to be, a full container load or less than a full container load, or carried as bulk cargo or break‑bulk cargo; and

(ii) whether the goods are defined within both Australian and international standards as being hazardous;

(m) if the goods are intended to be transhipped to a place outside Australian territory:

(i) information identifying the aircraft (including the flight number) or vessel (including the voyage number) on which the goods are intended to be transhipped; and

(ii) the landing place or port where it is intended the aircraft or vessel will leave Australian territory; and

(iii) the estimated day the aircraft or vessel is intended to leave Australian territory

2

Empty containers that are, or are intended to be, brought into Australian territory on a vessel

All of the following:

(a) information identifying the vessel (including the voyage number);

(b) the place where the containers were, or are intended to be, loaded onto the vessel;

(c) each port in Australian territory where the containers are intended to be unloaded;

(d) the place in Australian territory:

(i) that is intended to be the final destination of the containers; or

(ii) where it is intended that the containers leave Australian territory;

(e) the estimated day of arrival at each port referred to in paragraphs (c) and (d) of the vessel bringing the containers to the port;

(f) the number of containers;

(g) if a container has an identifying number—that number;

(h) the number of the bill of lading (however described) for the goods

Manner in which notice must be given

(4)

The notice must be given in writing and may be given electronically.

Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).

Person to whom notice must be given

(5)

The notice must be given to a biosecurity official or a customs officer.

(6)

If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.

When notice must be given

(7)

The notice must be given:

  1. (a)

    if the goods are, or are intended to be, brought into Australian territory on an aircraft—no later than 2 hours before the aircraft is estimated to arrive at its first landing place in Australian territory; or

  2. (b)

    if the goods are, or are intended to be, brought into Australian territory on a vessel—no later than:

    1. (i)

      48 hours before the vessel is estimated to arrive at its first port in Australian territory; or

    2. (ii)

      if the voyage is shorter than 48 hours—12 hours before the vessel is estimated to arrive at its first port in Australian territory.

12Notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel

Application

(1)

This section makes provision in relation to a notice of any of the following goods (the goods) that are, or are intended to be, brought into Australian territory on an aircraft or vessel and unloaded at a landing place or port in Australian territory:

  1. (a)

    cats;

  2. (b)

    dogs;

  3. (c)

    a consignment of ornamental fish;

  4. (d)

    a consignment of lobsters;

  5. (e)

    laboratory animals;

  6. (f)

    zoo animals;

  7. (g)

    animal reproductive material (other than frozen material);

  8. (h)

    horses;

  9. (i)

    asses, mules or hinnies;

  10. (j)

    ruminants;

  11. (k)

    a consignment of fertile eggs;

  12. (l)

    a consignment of pigeons;

  13. (m)

    a consignment of birds that:

    1. (i)

      are, or are intended to be, brought into Australian territory on a flight or voyage commencing in New Zealand; and

    2. (ii)

      are intended to be kept in Australian territory as pets or for the purpose of breeding birds that are to be kept as pets;

  14. (n)

    a consignment of bees.

Note 1: This section applies in addition to section 11.

Note 2: A notice referred to in section 13 may also be required to be given in relation to the goods.

Note 3: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.

Note 4: Notice is not required to be given in relation to certain kinds of goods (see section 16).

Who may give a notice

(2)

Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:

  1. (a)

    the person who applied for the permit authorising the goods to be brought or imported into Australian territory;

  2. (b)

    each person who is responsible for arranging to bring the goods into Australian territory;

  3. (c)

    each customs broker (if any) who arranged for the goods to be brought into Australian territory.

Information that must be included in notice

(3)

The information in relation to the goods that must be included in the notice is the information prescribed in the following table that the person giving the notice is aware of or could reasonably be expected to be aware of.

Information that must be included in notice

Item

Column 1

Class of goods

Column 2

Information

1

Cats or dogs (other than cats or dogs covered by item 2, 3 or 6)

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) for the person giving the notice:

(i) an Australian telephone number on which the person may be contacted; or

(ii) if the goods are, or are intended to be, brought into Australian territory on a flight or voyage that commenced in New Zealand—an Australian or New Zealand phone number on which the person may be contacted;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the animals required by the approved form;

(h) the address in Australian territory where the goods are intended to be kept

2

Disability assistance dogs

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) for the person giving the notice:

(i) an Australian telephone number on which the person may be contacted; or

(ii) if the goods are, or are intended to be, brought into Australian territory on a flight or voyage that commenced in New Zealand—an Australian or New Zealand phone number on which the person may be contacted;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the animals required by the approved form;

(h) the address in Australian territory where the goods are intended to be kept;

(i) the name of the handler of the goods;

(j) if the goods are, or are intended to be, brought into Australian territory on an aircraft—whether the goods are, or are intended to be, brought into Australian territory as manifest cargo or in the cabin of the aircraft;

(k) if the goods are, or are intended to be, brought into Australian territory from a country other than New Zealand—the address in Australian territory where the goods are intended to be kept during the first 10 days after being unloaded from the aircraft or vessel

3

Working dogs that are owned by a Commonwealth body or the Australian Defence Force and that are in active service

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the number of the waybill or bill of lading (however described) for the goods;

(e) the number of the permit authorising the goods to be brought or imported into Australian territory;

(f) the details about the animals required by the approved form;

(g) the name of the handler assigned to the goods

4

A consignment of ornamental fish (other than fish covered by item 6)

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of:

(i) each person who is responsible for arranging to bring the goods into Australian territory; and

(ii) the exporter;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the fish required by the approved form;

(h) the species of fish in the consignment;

(i) the number of fish and number of boxes in the consignment;

(j) the place of origin of the goods

5

A consignment of lobsters (other than lobsters covered by item 6)

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of the person giving the notice;

(e) the number of the waybill or bill of lading (however described) for the consignment;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the lobsters required by the approved form;

(h) the number of lobsters in the consignment;

(i) the place of origin of the goods

6

Laboratory animals or zoo animals

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the number of the waybill or bill of lading (however described) for the goods;

(e) the number of the permit authorising the goods to be brought or imported into Australian territory;

(f) the details about the animals required by the approved form

7

Animal reproductive material

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of the exporter of the goods;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the material required by the approved form;

(h) the place of origin of the goods;

(i) the name and contact details of the person nominated to attend when biosecurity risks associated with the goods will be assessed

8

Horses, asses, mules, hinnies or ruminants (other than animals covered by item 6)

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of the person giving the notice;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the animals required by the approved form;

(h) the place of origin of the goods;

(i) the name and contact details of the person intended to transport the goods from their final landing place or port to their final destination in Australian territory;

(j) in relation to a horse—the name of the head groom and any other groom or any vet travelling with the horse

9

A consignment of fertile eggs

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of the person giving the notice;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the eggs required by the approved form;

(h) the type of eggs in the consignment;

(i) the place of origin of the goods;

(j) the name and contact details of the person intended to transport the goods from their final landing place or port to their final destination in Australian territory

10

A consignment of pigeons (other than pigeons covered by item 6)

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of:

(i) each person who is responsible for arranging to bring the goods into Australian territory; and

(ii) the exporter;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the birds in the consignment required by the approved form;

(h) the place of origin, leg ring number and name of the owner of each bird in the consignment

11

A consignment of birds referred to in paragraph (1)(m) of this section

All of the following:

(a) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

(b) the first landing place or port in Australian territory where the goods are intended to be brought;

(c) the estimated day and time of arrival of the goods at the place referred to in paragraph (b);

(d) the name and contact details of:

(i) each person who is responsible for arranging to bring the goods into Australian territory; and

(ii) the exporter;

(e) the number of the waybill or bill of lading (however described) for the goods;

(f) the number of the permit authorising the goods to be brought or imported into Australian territory;

(g) the details about the birds required by the approved form

12

A consignment of bees (other than bees covered by item 6)

All of the following:

(a) the name and contact details of each person who is responsible for arranging to bring the goods into Australian territory;

(b) the number of the waybill or bill of lading (however described) for the consignment;

(c) the number of the permit authorising the goods to be brought or imported into Australian territory;

(d) the details about the bees required by the approved form;

(e) the number used by the Agriculture Department to identify the consignment;

(f) the number of queen bees (if any) in the consignment

Manner in which notice must be given

(4)

The notice must be given in writing and may be given electronically.

Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).

Person to whom notice must be given

(5)

The notice must be given to a biosecurity official or a customs officer.

(6)

If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.

When notice must be given

(7)

The notice must be given no later than 3 business days before the day the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory is estimated to arrive at its first landing place or port in Australian territory.

13Additional notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel

Application

(1)

This section makes provision in relation to a notice of any of the following goods (the goods) that are, or are intended to be, brought into Australian territory on an aircraft or vessel and unloaded at a landing place or port in Australian territory:

  1. (a)

    cats;

  2. (b)

    dogs;

  3. (c)

    laboratory animals;

  4. (d)

    zoo animals;

  5. (e)

    horses;

  6. (f)

    asses, mules or hinnies;

  7. (g)

    ruminants;

  8. (h)

    a consignment of fertile eggs.

Note 1: This section applies in addition to sections 11 and 12.

Note 2: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.

Note 3: Notice is not required to be given in relation to certain kinds of goods (see section 16).

Who may give a notice

(2)

Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:

  1. (a)

    the person who applied for the permit authorising the goods to be brought or imported into Australian territory;

  2. (b)

    each person who is responsible for arranging to bring the goods into Australian territory;

  3. (c)

    each customs broker (if any) who arranged for the goods to be brought into Australian territory;

  4. (d)

    the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory.

Information that must be included in notice

(3)

The information in relation to the goods that must be included in the notice is the information prescribed in subsection (4) that the person giving the notice is aware of or could reasonably be expected to be aware of.

(4)

For subsection (3), the information in relation to the goods is as follows:

  1. (a)

    identifying information for the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

  2. (b)

    the landing place or port where the flight or voyage on which the goods are, or are intended to be, brought into Australian territory commenced, or is intended to commence;

  3. (c)

    the first landing place or port in Australian territory where the goods are intended to be brought;

  4. (d)

    the estimated day and time of arrival of the goods at the place referred to in paragraph (c);

  5. (e)

    the number of the permit authorising the goods to be brought or imported into Australian territory;

  6. (f)

    the details about the animals, or eggs, required by the approved form;

  7. (g)

    the number of the waybill or bill of lading (however described) for the goods;

  8. (h)

    the number and kind of animals or eggs;

  9. (i)

    the name of the owner of the animals or eggs;

  10. (j)

    the booking number for the post‑entry quarantine facility where the goods are intended to be taken after they arrive in Australian territory.

Manner in which notice must be given

(5)

The notice must be given in writing and may be given electronically.

Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).

Person to whom notice must be given

(6)

A notice must be given to a biosecurity official or a customs officer.

(7)

If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.

When notice must be given

(8)

The notice must be given no earlier than 72 hours, but no later than 30 minutes, before the flight or voyage on which the goods are, or are intended to be, brought into Australian territory is estimated to commence.

14Notice of goods that are the subject of an import declaration

Application

(1)

This section makes provision in relation to a notice of goods (the goods) that:

  1. (a)

    are the subject of an import declaration; and

  2. (b)

    have been, or are intended to be, brought into Australian territory on an aircraft or vessel and unloaded at a landing place or port in Australian territory.

Note 1: This section applies in addition to sections 11, 12 and 13.

Note 2: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.

Note 3: Notice is not required to be given in relation to certain kinds of goods (see section 16).

Who may give a notice

(2)

Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:

  1. (a)

    each person who is responsible for arranging to bring the goods into Australian territory;

  2. (b)

    each customs broker (if any) who arranged for the goods to be brought into Australian territory.

Information that must be included in notice

(3)

The information in relation to the goods that must be included in the notice is the information prescribed in subsection (4) that the person giving the notice is aware of or could reasonably be expected to be aware of.

(4)

For subsection (3), the information in relation to the goods is as follows:

  1. (a)

    the name and contact details of the person giving the notice;

  2. (b)

    the name and contact details of the owner of the goods;

  3. (c)

    the name and contact details of the supplier of the goods;

  4. (d)

    information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

  5. (e)

    the place where the goods are, or are intended to be, loaded onto the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;

  6. (f)

    the first landing place or port in Australian territory where the goods are, or are intended to be, brought;

  7. (g)

    each landing place or port in Australian territory where the goods are, or are intended to be, unloaded;

  8. (h)

    the place in Australian territory that is, or is intended to be, the final destination of the goods;

  9. (i)

    the day, or estimated day, of arrival of the goods at each place referred to in paragraphs (f), (g) and (h);

  10. (j)

    a description of the goods;

  11. (k)

    the place of origin of the goods, and any additional information about where the goods were manufactured, grown or obtained required by the approved form;

  12. (l)

    whether the goods are unaccompanied personal effects;

  13. (m)

    the number of the waybill or bill of lading (however described) for the goods;

  14. (n)

    if the goods are, or are intended to be, brought into Australian territory on a vessel:

    1. (i)

      whether the goods are, or are intended to be, a full container load or less than a full container load, or carried as bulk cargo or break‑bulk cargo; and

    2. (ii)

      whether the goods are defined within both Australian and international standards as being hazardous;

  15. (o)

    the number and type of packages containing the goods;

  16. (p)

    the shipping, or other identifying, marks relating to the goods;

  17. (q)

    the number of each container containing the goods;

  18. (r)

    the import entry reference number for the goods;

  19. (s)

    the code (known as the Harmonised Tariff Item Statistical Code) for the goods under the Customs Tariff Act 1995;

  20. (t)

    the registration number allocated by the Director of Biosecurity for any overseas treatment provider in relation to the goods.

Manner in which notice must be given

(5)

The notice must be given in writing and may be given electronically.

Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).

Person to whom notice must be given

(6)

A notice must be given to a biosecurity official or a customs officer.

(7)

If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.

When notice must be given

(8)

The notice may be given before the goods arrive in Australian territory, but must be given no later than 35 business days after the person giving the notice becomes aware of the first unloading of the goods in Australian territory.

Division 3Goods to be unloaded in certain external Territories15Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands

Application

(1)

This section makes provision in relation to a notice of goods (the goods) that are, or are intended to be:

  1. (a)

    brought into Norfolk Island, Christmas Island or Cocos (Keeling) Islands (the relevant external Territory) on an aircraft or vessel from a place outside the relevant external Territory (including a place that is in another part of Australian territory); and

  2. (b)

    unloaded at a landing place or port in the relevant external Territory.

Note 1: Under the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 and subsection 618(1) of the Act, goods that move from certain parts of Australian territory to another part of Australian territory (for example, from a place on mainland Australia to Christmas Island) are treated as having entered Australian territory from outside Australian territory.

Note 2: A failure to give a notice containing the information referred to in this section in relation to the goods may contravene subsection 120(5) of the Act.

Note 3: Notice is not required to be given in relation to certain kinds of goods (see section 16).

Note 4: This section applies in relation to goods that are, or are intended to be, brought into Norfolk Island on or after 1 July 2016 and unloaded at a landing place or port in Norfolk Island (see subsection 4(2)).

Who may give notice

(2)

Each of the following persons is prescribed for the purposes of subsection 120(2) of the Act in relation to the goods:

  1. (a)

    the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into the relevant external Territory;

  2. (b)

    each slot charterer (if any) who arranged for the transport of the goods into the relevant external Territory;

  3. (c)

    each freight forwarder (if any) who arranged for the transport of the goods into the relevant external Territory;

  4. (d)

    each person who is responsible for arranging to bring the goods into the relevant external Territory;

  5. (e)

    each customs broker (if any) who arranged for the goods to be brought into the relevant external Territory.

Information that must be included in notice

(3)

The information in relation to the goods that must be included in the notice is the information prescribed in subsection (4) that the person giving the notice is aware of or could reasonably be expected to be aware of.

(4)

For subsection (3), the information in relation to the goods is as follows:

  1. (a)

    information identifying the aircraft (including the flight number) or vessel (including the voyage number);

  2. (b)

    the place where the goods were, or are intended to be, loaded onto the aircraft or vessel;

  3. (c)

    the first landing place or port in the relevant external Territory where the goods are intended to be brought;

  4. (d)

    each landing place or port in the relevant external Territory where the goods are intended to be unloaded;

  5. (e)

    the estimated day of arrival at each landing place or port referred to in paragraphs (c) and (d) of the aircraft or vessel bringing the goods to the landing place or port;

  6. (f)

    the name and contact details of the person giving the notice;

  7. (g)

    the number of the waybill or bill of lading (however described) for the goods;

  8. (h)

    a description of the goods;

  9. (i)

    the place of origin of the goods, and any additional information about where the goods were manufactured, grown or obtained required by the approved form;

  10. (j)

    whether the goods are unaccompanied personal effects;

  11. (k)

    if the goods are, or are intended to be, brought into the relevant external Territory on a vessel:

    1. (i)

      whether the goods are, or are intended to be, a full container load or less than a full container load, or carried as bulk cargo or break‑bulk cargo; and

    2. (ii)

      whether the goods are defined within both Australian and international standards as being hazardous;

  12. (l)

    if the goods are intended to be transhipped to a place outside Australian territory:

    1. (i)

      information identifying the aircraft (including the flight number) or vessel (including the voyage number) on which the goods are intended to be transhipped; and

    2. (ii)

      the landing place or port where it is intended the aircraft or vessel will leave Australian territory; and

    3. (iii)

      the estimated day the aircraft or vessel is intended to leave Australian territory;

  13. (m)

    the number and type of packages containing the goods;

  14. (n)

    the number of each container containing the goods;

  15. (o)

    if the goods include animals:

    1. (i)

      the number of the permit authorising the goods to be brought or imported into Australian territory; and

    2. (ii)

      the address in Australian territory where the goods are intended to be kept; and

    3. (iii)

      the species of each kind of animal.

Manner in which notice must be given

(5)

The notice must be given in writing and may be given electronically.

Note: The notice must be in a form or forms approved by the Director of Biosecurity (see paragraph 120(3)(d) of the Act).

Person to whom notice must be given

(6)

A notice must be given to a biosecurity official or a customs officer.

(7)

If the notice is given using an electronic system, the notice is taken to have been given to a biosecurity official or a customs officer.

When notice must be given

(8)

The notice must be given:

  1. (a)

    if the goods are, or are intended to be, brought into the relevant external Territory on an aircraft—no later than 2 hours before the aircraft is estimated to arrive at its first landing place in the relevant external Territory; or

  2. (b)

    if the goods are, or are intended to be, brought into the relevant external Territory on a vessel—no later than:

    1. (i)

      60 hours before the vessel is estimated to arrive at its first port in the relevant external Territory; or

    2. (ii)

      if the voyage is shorter than 60 hours—24 hours before the vessel is estimated to arrive at its first port in the relevant external Territory.

Division 4Exceptions16Exceptions to requirement to give notice of goods

Notice is not required to be given under section 120 of the Act in relation to any of the following goods:

  1. (a)

    baggage;

  2. (b)

    goods included in a consignment to which paragraph 68(1)(e) of the Customs Act 1901 applies;

  3. (c)

    waste;

  4. (d)

    goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel that is an exempt exposed conveyance;

  5. (e)

    goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel that would have been an exempt exposed conveyance except that there are human remains, or persons with signs or symptoms of a listed human disease, on board;

  6. (f)

    elasmobranch or teleost fish that:

    1. (i)

      are caught by a vessel that is not an exposed conveyance; and

    2. (ii)

      are brought, or are intended to be brought, into Australian territory on the vessel in the course of a voyage that commences in Australian territory and ends, or is intended to end, in Australian territory;

  7. (g)

    goods on board an aircraft or vessel at the commencement of a flight or voyage that commences in Australian territory and is intended to end at a place outside Australian territory if:

    1. (i)

      the aircraft or vessel returns to Australian territory during the flight or voyage; and

    2. (ii)

      on return the goods are, or are intended to be, unloaded at a landing place or port in Australian territory; and

    3. (iii)

      the aircraft or vessel is not an exposed conveyance;

  8. (h)

    goods that are, or are intended to be, brought from a part of Australian territory that is in the protected zone into another part of Australian territory;

  9. (i)

    goods that are, or are intended to be, brought from the Torres Strait permanent biosecurity monitoring zone into another part of Australian territory.

Note 1: Section 120 of the Act applies in relation to goods referred to in paragraph (h) or (i) because of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 and subsection 618(1) of the Act. The goods are treated as having entered Australian territory from outside Australian territory.

Note 2: This section does not affect any requirement to report a reportable biosecurity incident in relation to the goods under subsection 155(1) or 156(1) of the Act. That requirement does not apply in relation to goods referred to in paragraph (h) or (i) that do not become subject to biosecurity control because of section 118 of this instrument.

Part 2Goods brought into Australian territory17Other biosecurity measures relating to goods – isolation

Biosecurity officer may require goods to be isolated

(1)

For section 137 of the Act, a biosecurity officer may require goods to which section 131 of the Act applies to be isolated in or on premises specified by the biosecurity officer during a period (the isolation period) specified by the biosecurity officer.

Note 1: Premises include a conveyance (see paragraph (a) of the definition of premises in section 9 of the Act).

Note 2: A reference to premises in this section includes a reference to a part of the premises (see subsection (9)).

Note 3: The following provisions of the Act apply if a biosecurity officer requires goods to be isolated for a period under this subsection:

(a) section 138 (powers of biosecurity officer if biosecurity measures are required);

(b) section 139 (biosecurity officer may affix notice to goods);

(c) section 140 (person must comply with direction to take biosecurity measures);

(d) section 141 (unauthorised persons must not move etc. goods to which notice has been affixed).

Notice may be affixed to goods or at entry and exit of premises

(2)

If a biosecurity officer requires goods to be isolated in or on premises under subsection (1), a biosecurity officer may:

  1. (a)

    direct a person in charge of the goods to do either or both of the following:

    1. (i)

      affix a notice to, or as near as reasonably practicable to, the goods;

    2. (ii)

      affix a notice at each entry and exit point of the premises; or

  2. (b)

    affix a notice at each entry and exit point of the premises.

Note: A biosecurity officer may also affix a notice to, or as near as reasonably practicable to, the goods under section 139 of the Act.

(3)

An isolation notice in relation to goods that are required to be isolated in or on premises under subsection (1) must state the following:

  1. (a)

    the goods to which the notice applies;

  2. (b)

    that the level of biosecurity risk associated with the goods is unacceptable;

  3. (c)

    that the goods have been required to be isolated in accordance with Chapter 3 of the Act for the purpose of managing that biosecurity risk;

  4. (d)

    the premises in or on which the goods are required to be isolated;

  5. (e)

    the isolation period;

  6. (f)

    any requirements imposed under subsection (4);

  7. (g)

    the effect of sections 18 to 21.

Requirements that may be imposed in relation to isolated goods

(4)

If a biosecurity officer requires goods to be isolated in or on premises under subsection (1), a biosecurity officer may impose any of the following requirements in relation to the premises in or on which the goods are to be isolated:

  1. (a)

    a requirement that persons entering or leaving the premises do so at specified places;

  2. (b)

    a requirement that specified classes of persons not enter the premises;

  3. (c)

    a requirement that persons entering, or in, the premises wear specified clothing or equipment (or both) that is designed to prevent a disease or pest from entering the premises, or establishing itself or spreading in, on or outside the premises;

  4. (d)

    a requirement that persons not interfere with the premises;

  5. (e)

    a requirement that persons bringing goods on to the premises do so at specified places;

  6. (f)

    a requirement that specified classes of goods not be brought on to the premises;

  7. (g)

    a requirement that conveyances entering or leaving the premises do so at specified places;

  8. (h)

    a requirement that specified classes of conveyances not enter the premises.

(5)

If the requirement referred to in paragraph (4)(c) is imposed, an isolation notice must also state the following:

  1. (a)

    the circumstances in which a person is required to wear the clothing or equipment;

  2. (b)

    the period during which, or the times at which, the person is required to wear the clothing or equipment;

  3. (c)

    instructions for wearing the clothing or equipment.

(6)

Except as permitted by paragraph (4)(b) or (c), a biosecurity officer must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 of the Act.

Note: That Subdivision sets out the biosecurity measures that may be included in a human biosecurity control order.

(7)

However, subsection (6) does not prevent the Director of Biosecurity or a biosecurity officer exercising a power under Subdivision B of Division 2 of Part 4 of Chapter 10 of the Act.

Note: Under that Subdivision, a biosecurity officer may request an individual to be decontaminated, and may require an individual’s clothing and any personal effects to be decontaminated.

Extension of isolation period

(8)

A biosecurity officer may extend the isolation period in relation to goods that are subject to a requirement under subsection (1) if the biosecurity officer continues to suspect, on reasonable grounds, that the level of biosecurity risk associated with the goods is unacceptable.

References to premises

(9)

In this section, a reference to premises includes a reference to a part of the premises.

18Person must comply with direction to affix isolation notice
  1. (1)

    A person who is given a direction under paragraph 17(2)(a) must comply with the direction.

    Fault‑based offence

  2. (2)

    A person commits an offence if:

    1. (a)

      the person is given a direction under paragraph 17(2)(a); and

    2. (b)

      the person engages in conduct; and

    3. (c)

      the conduct contravenes the direction.

    Penalty: 50 penalty units.

    Civil penalty provision

  3. (3)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 50 penalty units.

19Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated
  1. (1)

    A person must comply with a requirement stated in an isolation notice under subsection 17(3) if the requirement applies to the person.

    Fault‑based offence

  2. (2)

    A person commits an offence if:

    1. (a)

      an isolation notice is affixed:

      1. (i)

        to, or as near as reasonably practicable to, goods; or

      2. (ii)

        at an entry or exit point of premises in or on which goods have been isolated; and

    2. (b)

      the isolation notice states a requirement; and

    3. (c)

      the requirement applies to the person; and

    4. (d)

      the person engages in conduct; and

    5. (e)

      the conduct contravenes the requirement.

    Penalty: 50 penalty units.

    Civil penalty provision

  3. (3)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 50 penalty units.

20Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed
  1. (1)

    A person contravenes this subsection if:

    1. (a)

      an isolation notice has been affixed under subsection 17(2):

      1. (i)

        to, or as near as reasonably practicable to, goods; or

      2. (ii)

        at an entry or exit point of premises in or on which goods have been isolated; and

    2. (b)

      the person moves, deals with or interferes with the goods; and

    3. (c)

      none of the following applies:

      1. (i)

        the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

      2. (ii)

        the person needs to engage in that conduct to comply with a direction given under the Act by a biosecurity official;

      1. (iii)

        the person has been given permission to engage in that conduct by a biosecurity officer.

    Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534 of the Act).

  1. (2)

    Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under the Act or under another Australian law.

    Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

    Note 2: Section 141 of the Act applies if an isolation notice has been affixed by a biosecurity officer to, or as near as reasonably practicable to, the goods under subsection 139(1) of the Act.

    Fault‑based offence

  2. (3)

    A person commits an offence if the person contravenes subsection (1).

    Penalty: 50 penalty units.

    Civil penalty provision

  3. (4)

    A person is liable to a civil penalty if the person contravenes subsection (1).

    Civil penalty: 50 penalty units.

21Interfering with, removing or defacing isolation notice
  1. (1)

    A person is liable to a civil penalty if:

    1. (a)

      an isolation notice is affixed under subsection 17(2):

      1. (i)

        to, or as near as reasonably practicable to, goods; or

      2. (ii)

        at an entry or exit point of premises in or on which goods have been isolated; and

    2. (b)

      the person interferes with, removes or defaces the notice; and

    3. (c)

      none of the following applies:

      1. (i)

        the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;

      2. (ii)

        the person needs to engage in that conduct to comply with a direction given under the Act by a biosecurity official;

      3. (iii)

        the person has been given permission to engage in that conduct by a biosecurity officer.

    Civil penalty: 50 penalty units.

  2. (2)

    Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under the Act or under another Australian law.

    Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

    Note 2: Subsections 139(3) and (4) of the Act apply if an isolation notice is affixed by a biosecurity officer to, or as near as reasonably practicable to, goods under subsection 139(1) of the Act.

Part 3Release of goods from biosecurity control22Release of goods brought into Australian territory from biosecurity control
  1. (1)

    This section is made for the purposes of paragraph 162(1)(c) and subsection 162(4) of the Act.

    Baggage

  2. (2)

    Subject to subsection (3):

    1. (a)

      baggage brought into a first point of entry is prescribed; and

    2. (b)

      the boundary of the first point of entry is a designated biosecurity control release area for the baggage.

  3. (3)

    The baggage is not prescribed if:

    1. (a)

      a direction given under the Act is in force in relation to the baggage at the time the baggage leaves the first point of entry; or

    2. (aa)

      the baggage leaves the first point of entry for the purposes of carrying out a biosecurity measure mentioned in subsection 138(1) of the Act in accordance with paragraph 138(1)(b) or (c); or

    3. (ab)

      the baggage leaves the first point of entry for the purposes of export from Australian territory in accordance with paragraph 135(2)(a) of the Act; or

    4. (b)

      the baggage is conditionally non‑prohibited goods that are authorised to be brought or imported into Australian territory subject to a condition:

      1. (i)

        relating to the use of the goods for laboratory, research or propagation purposes; or

      2. (ii)

        requiring the goods to be kept at a post‑entry quarantine facility while they are in Australian territory.

    Note 1A: Subsection 138(1) of the Act applies in relation to a biosecurity measure under section 132 (movement), 133 (treatment) or 136 (destruction) of the Act or under a regulation made for the purposes of section 137 of the Act.

    Note 1: Conditions on the bringing in or importation of goods may be imposed in a permit (see section 180 of the Act) or by a determination made under subsection 174(1) of the Act.

    Note 2: Baggage covered by this subsection will not be released from biosecurity control on leaving the first point of entry to which the baggage was brought. The baggage may be released from biosecurity control under paragraph 162(1)(a), (b), (d) or (e) of the Act.

    International mail

  4. (4)

    Subject to subsection (5):

    1. (a)

      goods brought to an international mail centre are prescribed; and

    2. (b)

      the boundary of the international mail centre is a designated biosecurity control release area for the goods.

  5. (5)

    The goods are not prescribed if:

    1. (a)

      a direction given under the Act is in force in relation to the goods at the time the goods leave the international mail centre; or

    2. (aa)

      the goods leave the international mail centre for the purposes of carrying out a biosecurity measure mentioned in subsection 138(1) of the Act in accordance with paragraph 138(1)(b) or (c); or

    3. (b)

      the goods are conditionally non‑prohibited goods that are authorised to be brought or imported into Australian territory subject to a condition:

      1. (i)

        relating to the use of the goods for laboratory, research or propagation purposes; or

      2. (ii)

        requiring the goods to be kept at a post‑entry quarantine facility while they are in Australian territory.

    Note 1A: Subsection 138(1) of the Act applies in relation to a biosecurity measure under section 132 (movement), 133 (treatment) or 136 (destruction) of the Act or under a regulation made for the purposes of section 137 of the Act.

    Note 1: Conditions on the bringing in or importation of goods may be imposed in a permit (see section 180 of the Act) or by a determination made under subsection 174(1) of the Act.

    Note 2: Goods covered by this subsection will not be released from biosecurity control on leaving the international mail centre to which the goods were brought. The goods may be released from biosecurity control under paragraph 162(1)(a), (b), (d) or (e) of the Act.

Part 4Biosecurity import risk analysesDivision 1Process for conducting a BIRA23Purpose of this Division

For paragraph 169(1)(a) and section 170 of the Act, this Division prescribes the process for conducting a BIRA.

Note 1: BIRA (short for Biosecurity Import Risk Analysis) is defined in section 166 of the Act.

Note 2: The Director of Biosecurity may conduct a BIRA in relation to particular goods or a particular class of goods (see section 167 of the Act).

Note 3: The Agriculture Minister may direct the Director of Biosecurity to commence a BIRA in relation to particular goods, or a particular class of goods, if the Agriculture Minister is satisfied that the BIRA should be commenced (see section 168 of the Act).

24Notice of intention to conduct a BIRA and issues paper

If the Director of Biosecurity proposes to conduct a BIRA in relation to particular goods or a particular class of goods, the Director:

  1. (a)

    must publish a notice on the Agriculture Department’s website stating:

    1. (i)

      that the Director of Biosecurity is proposing to conduct the BIRA in relation to the goods or the particular class of goods; and

    2. (ii)

      the opportunities for consultation with stakeholders that will be given in conducting the BIRA; and

  2. (b)

    must prepare an issues paper in relation to the BIRA and publish it on the Agriculture Department’s website.

25Draft BIRA report
  1. (1)

    The Director of Biosecurity:

    1. (a)

      must prepare a draft BIRA report, in accordance with section 30, in relation to a BIRA conducted in accordance with this Division; and

    2. (b)

      must publish on the Agriculture Department’s website:

      1. (i)

        the draft BIRA report; and

      2. (ii)

        an invitation to the public to make written submissions, within the period specified in the invitation, about the assessment of the level of biosecurity risk associated with the goods, or the class of goods, to which the report relates.

  2. (2)

    The period specified in an invitation published under subparagraph (1)(b)(ii) must be at least 60 days, including the day the invitation is published.

  3. (3)

    The Director of Biosecurity may extend the period for public submissions to be made in relation to a draft BIRA report by a period the Director of Biosecurity considers appropriate. The Director of Biosecurity may extend the period only once.

26Provisional BIRA report
  1. (1)

    After the end of the period for making submissions in relation to a draft BIRA report, the Director of Biosecurity must prepare a provisional BIRA report in accordance with section 30.

  2. (2)

    In preparing the provisional BIRA report, the Director of Biosecurity must consider:

    1. (a)

      any information received in the course of conducting the BIRA; and

    2. (b)

      any submissions received in relation to the draft BIRA report; and

    3. (c)

      if the Director of Biosecurity requested the scientific advisory group to examine and comment on an aspect of the BIRA under section 29—the comments and any findings given to the Director of Biosecurity by the scientific advisory group.

  3. (3)

    The Director of Biosecurity must publish the provisional BIRA report on the Agriculture Department’s website.

    Note 1: A person may request the Inspector‑General to review the process of conducting a BIRA after the publication of the provisional BIRA report (see Division 2).

    Note 2: Unless a review of the process of conducting the BIRA is conducted by the Inspector‑General under Division 2, the provisional BIRA report will be published as the final BIRA report in relation to the BIRA (see section 27).

27Final BIRA report
  1. (1)

    The Director of Biosecurity must publish a final BIRA report, in accordance with section 30 and within the time permitted under section 31, in relation to a BIRA conducted in accordance with this Division.

  2. (2)

    If:

    1. (a)

      the period for requesting the Inspector‑General to review the process of conducting the BIRA has ended; and

    2. (b)

      either:

      1. (i)

        no request for a review has been made; or

      2. (ii)

        a request for a review has been made but the Inspector‑General has decided not to conduct a review;

    the Director of Biosecurity must publish the provisional BIRA report in relation to the BIRA as the final BIRA report as soon as practicable after the end of the period for requesting a review.

    Note 1: The period for requesting the Inspector‑General to review the process of conducting a BIRA is 30 days after the provisional BIRA report is published (see section 34).

    Note 2: Division 2 deals with reviews by the Inspector‑General.

  3. (3)

    If the Inspector‑General conducted a review of the process of conducting the BIRA, the Director of Biosecurity must, in preparing the final BIRA report, consider any recommendations made in the Inspector‑General’s final BIRA review report.

28Further information, research or expert advice

If the Director of Biosecurity considers that further information, research or expert advice is necessary to complete a BIRA, the Director must request, in writing, an appropriate person to provide the information, carry out the research or provide the advice.

29Scientific advisory group
  1. (1)

    The Director of Biosecurity must appoint, in writing, external persons to be members of a scientific advisory group.

  2. (2)

    At any stage in the process of conducting a BIRA, the Director of Biosecurity may (orally or in writing) request the scientific advisory group to examine and provide comments on any aspect of the BIRA.

  3. (3)

    If the scientific advisory group receives a request to examine and provide comments on an aspect of a BIRA, the scientific advisory group must, after completing its examination, give its comments and any findings to the Director of Biosecurity in the form requested by the Director of Biosecurity.

    Note: The comments and any findings given by the scientific advisory group must be considered by the Director of Biosecurity in preparing the provisional BIRA report (see paragraph 26(2)(c)).

30Content of a BIRA report
  1. (1)

    A BIRA report prepared by the Director of Biosecurity in relation to goods or a class of goods:

    1. (a)

      must set out the findings of the BIRA, including the potential for any economic consequences associated with the entry, establishment or spread of a disease or pest if the goods, or goods included in the class of goods, were to be imported into Australian territory; and

    2. (b)

      must include the information and other material on which the findings are based; and

    3. (c)

      if a statement of the human health risks associated with the goods, or the class of goods, was prepared by the Director of Human Biosecurity under subsection 169(5) of the Act—must include the statement; and

    4. (d)

      may set out conditions that must be complied with to manage the level of biosecurity risk associated with the goods, or goods included in the class of goods, to a level that achieves the ALOP for Australia; and

    5. (e)

      may include any other material the Director of Biosecurity considers relevant.

    Note: ALOP (short for Appropriate Level of Protection) has the meaning given by section 5 of the Act.

  2. (2)

    The findings and any conditions set out in the BIRA report may vary according to the place where the goods, or goods included in the class of goods, are to enter Australian territory or be unloaded.

  3. (3)

    Subject to subsection (4), the BIRA report must state that the findings and any conditions apply in relation to Australian territory.

  4. (4)

    If any findings or conditions apply in relation to a part only of Australian territory, the BIRA report must:

    1. (a)

      specify the part, or parts, of Australian territory to which the findings and conditions apply; and

    2. (b)

      identify the findings and any conditions that apply in relation to that part of Australian territory.

31Time within which a BIRA must be completed
  1. (1)

    A final BIRA report in relation to a BIRA must be published on the Agriculture Department’s website within the period of 30 months commencing on the day the notice in relation to the BIRA was given under section 24.

  2. (2)

    The following periods are to be disregarded for the purpose of calculating the period of 30 months:

    1. (a)

      if a request is made to the Inspector‑General under section 34 to review the process of conducting the BIRA—the period beginning when the Inspector‑General notifies the Director of Biosecurity that the request has been received and ending when (as the case may be):

      1. (i)

        the Inspector‑General notifies the Director that the Inspector‑General is not satisfied that it is appropriate to conduct the review; or

      2. (ii)

        the Inspector‑General gives the final BIRA review report to the Director under section 38;

    2. (b)

      the period beginning on the day the counting of time stops in accordance with a notice published under subsection (3) and ending on the day the counting of time resumes in accordance with a notice published under subsection (7).

  3. (3)

    If the Director of Biosecurity believes it will not be possible, or it is likely not to be possible, for the Director to complete the BIRA within the period provided under subsections (1) and (2) because:

    1. (a)

      the Director has made a request under section 28 or 29 in relation to the BIRA; or

    2. (b)

      a biosecurity circumstance of national or international significance has occurred;

    the Director may publish a notice in accordance with subsection (4) on the Agriculture Department’s website.

  4. (4)

    A notice published under subsection (3) in relation to a BIRA must:

    1. (a)

      identify the BIRA; and

    2. (b)

      state that the Director of Biosecurity believes that it will not be possible, or it is likely not to be possible, for the Director to complete the BIRA within the period provided under subsections (1) and (2); and

    3. (c)

      state the reason for issuing the notice; and

    4. (d)

      state that the counting of time for this section is to stop on the day the notice is published or on a later day specified in the notice.

  5. (5)

    If the Director of Biosecurity publishes a notice under subsection (3) in relation to a BIRA, the counting of time for this section stops in accordance with the notice.

  6. (6)

    The Director of Biosecurity may revoke a notice published under subsection (3) in relation to a BIRA if, as the case may be:

    1. (a)

      the Director has been given an adequate response to a request made under section 28 or 29; or

    2. (b)

      the Director is satisfied that a response to a request made under section 28 or 29 is no longer necessary; or

    3. (c)

      the biosecurity circumstance of national or international significance has ceased to exist or to have an impact on the process of conducting the BIRA.

  7. (7)

    If the Director of Biosecurity proposes to revoke a notice published under subsection (3) in relation to a BIRA, the Director must publish on the Agriculture Department’s website a notice:

    1. (a)

      identifying the BIRA; and

    2. (b)

      stating the reason for revoking the notice; and

    3. (c)

      stating that the counting of time for this section is to resume on the day the notice is published or on a later day specified in the notice.

  8. (8)

    If the Director of Biosecurity publishes a notice under subsection (7) in relation to a BIRA, the counting of time for this section resumes in accordance with the notice.

32Termination of a BIRA
  1. (1)

    The Director of Biosecurity may terminate a BIRA before it is completed if the Director is satisfied that:

    1. (a)

      there is insufficient information or policy rationale to complete the BIRA; or

    2. (b)

      it not appropriate to complete the BIRA for any other reason.

  2. (2)

    If the Director of Biosecurity terminates a BIRA, the Director of Biosecurity must publish on the Agriculture Department’s website a notice stating:

    1. (a)

      that the BIRA has been terminated; and

    2. (b)

      the reasons for the termination.

Division 2Reviews by the Inspector‑General33Purpose of this Division

For subsection 567(4) of the Act, this Division makes provision for and in relation to:

  1. (a)

    requests to the Inspector‑General to review the process of conducting a BIRA; and

  2. (b)

    the reports that must be prepared after a review is completed.

Note: See Division 2 of Part 6 of Chapter 10 of the Act in relation to the Inspector‑General’s review powers.

34Person may request Inspector‑General to review BIRA process
  1. (1)

    Within 30 days after the provisional BIRA report in relation to a BIRA is published under subsection 26(3), a person may request the Inspector‑General to review the process of conducting the BIRA if the person considers that:

    1. (a)

      the process did not accord with the process required by Division 1; and

    2. (b)

      the departure from the process was significant; and

    3. (c)

      the person’s interests were, are or may be adversely affected by the failure to conduct the BIRA in accordance with the process required by Division 1.

  2. (2)

    A request under subsection (1) must:

    1. (a)

      be in writing; and

    2. (b)

      set out the grounds for making the request.

35Inspector‑General must consider request for review
  1. (1)

    If a request to review the process of conducting a BIRA is made under section 34, the Inspector‑General must, as soon as practicable after receiving the request:

    1. (a)

      notify the Director of Biosecurity that the request has been received; and

    2. (b)

      consider the request.

  2. (2)

    If the Inspector‑General is satisfied, having regard to the grounds set out in the request, that it is appropriate to review the process of conducting the BIRA, the Inspector‑General must:

    1. (a)

      notify the Director of Biosecurity that the Inspector‑General is satisfied that it is appropriate for the review to be conducted; and

    2. (b)

      review the process of conducting the BIRA.

    Note: The time taken by the Inspector‑General to conduct the review is to be disregarded for the purpose of calculating the 30 month period for the completion of the BIRA (see subsections 31(1) and (2)).

  3. (3)

    If the Inspector‑General is not satisfied, having regard to the grounds set out in the request, that it is appropriate to review the process of conducting the BIRA, the Inspector‑General must:

    1. (a)

      notify the person who made the request, in writing, of the decision and of the reasons for the decision; and

    2. (b)

      notify the Director of Biosecurity of the decision.

36Time within which review of BIRA process must be completed
  1. (1)

    If the Inspector‑General decides to review the process of conducting a BIRA, the Inspector‑General must complete the review and give the final BIRA review report to the Director of Biosecurity within 45 days (excluding the period referred to in subsection (2)) after the Inspector‑General received the request to review the process of conducting the BIRA.

  2. (2)

    The period of 45 days referred to in subsection (1) does not include the period during which the Director of Biosecurity is considering the draft BIRA review report given to him or her under subsection 37(1).

    1. (a)

      by a single payment; or

    2. (b)

      in 2 or more equal instalments;

    within 30 days after the day the demand for payment of the fee or the instalment is made.

    Charges

  1. (4A)

    A charge in relation to a biosecurity matter prescribed by item 1 or 2 of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016 or item 1 or 2 of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016 is due and payable on or before the 21st day after the end of the month in which the import declaration was made, if, at the time the declaration was made, a trusted trader agreement (within the meaning of the Customs Act 1901) is in force, and not suspended, between the Comptroller‑General of Customs (within the meaning of that Act) and the entity.

  2. (5)

    Subject to subsection (6), a charge imposed by the Biosecurity Charges Imposition (Customs) Act 2015 or the Biosecurity Charges Imposition (General) Act 2015, other than a charge covered by subsection (4A) of this section, is due and payable:

    1. (a)

      if the Agriculture Department issues an invoice in relation to the charge that specifies the last day for payment of the charge—by close of business on that day; or

    2. (b)

      in any other case—when a demand for payment of the charge is made.

    Note: For charges prescribed for the purposes of these Acts see the Biosecurity Charges Imposition (Customs) Regulation 2016 and the Biosecurity Charges Imposition (General) Regulation 2016.

  3. (6)

    For:

    1. (a)

      a charge in relation to a biosecurity matter prescribed by item 2A of the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016; or

    2. (b)

      a charge in relation to a biosecurity matter prescribed by item 2A of the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016;

    the invoice referred to in paragraph (5)(a) of this section must not be issued, or the demand referred to in paragraph (5)(b) of this section must not be made, until after the end of the period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in which the self‑assessed clearance declaration was given.

109Person liable to pay certain cost‑recovery charges
  1. (1)

    For paragraph 593(b) of the Act, this section prescribes the persons who are liable to pay the cost‑recovery charges referred to in section 108.

    Fees

  2. (2)

    The person who is liable to pay a fee prescribed in relation to an activity referred to in any of items 1 to 24 in the table in subsection 106(1) is the person for whom the activity is, or is to be, carried out.

  3. (3)

    Australia Post is liable to pay the fee prescribed in relation to the activity referred to in item 25 in the table in subsection 106(1).

    Charges

  4. (4)

    The persons who are liable to pay the charge in relation to a biosecurity matter prescribed by the table in subsection 9(1) of the Biosecurity Charges Imposition (General) Regulation 2016 or the table in subsection 9(1) of the Biosecurity Charges Imposition (Customs) Regulation 2016 are as follows:

    1. (a)

      in relation to the biosecurity matter prescribed by any of items 1, 2 and 4 to 11 in the table:

      1. (i)

        the owner of the goods to which the charge relates; or

      2. (ii)

        if the goods to which the charge relates are owned by 2 or more persons—the owners of the goods;

    2. (aa)

      in relation to the biosecurity matter prescribed by item 2A in the table—the person who gave the self‑assessed clearance declaration;

    3. (b)

      in relation to the biosecurity matter prescribed by item 3 in the table—the person who made the application for the permit to which the charge relates;

    4. (c)

      in relation to the biosecurity matter prescribed by item 12 in the table—the person who made the application to which the charge relates;

    5. (d)

      in relation to a biosecurity matter prescribed by any of items 13, 13AA and 13AB in the table—the person who is covered by the relevant arrangement or agreement, or the relevant arrangements or agreements, to which the charge relates;

    6. (da)

      in relation to the biosecurity matter prescribed by item 13A in the table—the person covered by an approved arrangement who made the entry of information to which the charge relates;

    7. (e)

      in relation to the biosecurity matter prescribed by item 14 in the table—the operator of the vessel to which the charge relates.

    Note: An agent of a person who is liable to pay a cost‑recovery charge under this section is jointly and severally liable with that person to pay the charge (see section 112).

  5. (5)

    For the purposes of paragraph (4)(a), the owner of goods includes the following:

    1. (a)

      any person being, or holding himself or herself out to be, the owner, importer, exporter or consignee of the goods;

    2. (b)

      any person having a beneficial interest in the goods;

    3. (c)

      any person in possession or control of the goods, or having a power of disposition over the goods, other than:

      1. (i)

        a biosecurity official; or

      2. (ii)

        a biosecurity industry participant who is in possession or control of the goods as authorised by an approved arrangement covering the biosecurity industry participant but is not a person referred to in paragraph (a) or (b); or

      3. (iii)

        any other person who is in possession or control of the goods as authorised under the Act or another Australian law.

110Late payment fee for certain unpaid cost‑recovery charges
  1. (1)

    For subsection 595(1) of the Act, this section provides for a late payment fee in relation to certain cost‑recovery charges.

  2. (2)

    If a cost‑recovery charge referred to in section 108 is not paid at or before the time the charge is due and payable, a late payment fee, worked out in accordance with subsection (4), is due and payable in addition to the charge.

  3. (3)

    If an instalment of a cost‑recovery charge referred to in paragraph 108(4)(b) is not paid at or before the time the instalment is due and payable, a late payment fee, worked out in accordance with subsection (4), is due and payable in addition to the instalment.

  4. (4)

    The late payment fee is:

    where:

    days overdue is the number of days after the relevant charge is due and payable that elapse before the day on which the relevant charge is paid.

    relevant charge means a cost‑recovery charge referred to in subsection (2) or an instalment referred to in subsection (3).

111Person liable to pay late payment fee

For paragraph 593(b) of the Act, the person who is liable to pay a cost‑recovery charge under section 109 is liable to pay any late payment fee in relation to the charge.

Note: An agent of a person who is liable to pay a late payment fee under this section is jointly and severally liable with that person to pay the late payment fee (see section 112).

112Agent’s liability to pay certain cost‑recovery charges
  1. (1)

    For subparagraph 593(c)(i) of the Act, an agent of a person who is liable to pay a cost‑recovery charge (other than a fee charged under subsection 106A(2)) is jointly and severally liable with that person to pay the charge.

  2. (2)

    For subparagraph 593(c)(ii) of the Act, if:

    1. (a)

      an agent of a person who is liable to pay a cost‑recovery charge (other than a fee charged under subsection 106A(2)) pays the charge on behalf of the person; and

    2. (b)

      at the time when the payment is made, the agent has not collected an amount equivalent to the charge from the person;

    the agent may recover such an amount from the person as a debt due to the agent.

Part 3Compensation113Compensation for certain animals destroyed at a post‑entry quarantine facility
  1. (1)

    For subparagraph 633(4)(a)(ii) of the Act, paragraph 633(3)(a) of the Act does not apply in relation to an animal (other than an animal to which subsection (2) applies) that was destroyed at a post‑entry quarantine facility.

  2. (2)

    This subsection applies to the following animals:

    1. (a)

      horses;

    2. (b)

      asses, mules and hinnies;

    3. (c)

      pigs;

    4. (d)

      ruminants;

    5. (e)

      animals brought or imported into Australian territory for the purposes of a zoo or circus;

    6. (f)

      animals brought or imported into Australian territory by an organisation engaged in scientific research for the purposes of that research.

114Division of compensation between owners

For paragraph 634(2)(b) of the Act, compensation in respect of a compensable item that is owned by 2 or more owners must be divided among those owners so that each owner is paid an amount of compensation that is equal to the proportion that the Director of Biosecurity is satisfied represents the owner’s interest in the item at the time the item was damaged or destroyed.

115Amount of compensation
  1. (1)

    For subsection 634(5) of the Act, the amount of compensation payable under section 632 or 633 of the Act in respect of a compensable item is to be determined in accordance with this section.

    Damaged goods

  2. (2)

    The amount of compensation payable in respect of goods that are damaged by a person in the course of performing functions or duties, or exercising powers, under the Act is the lesser of the following amounts:

    1. (a)

      the amount that the Director of Biosecurity determines was the market value of the goods immediately before the goods were damaged;

    2. (b)

      the cost to repair the damage.

    Note: Compensation is not payable in respect of goods that are damaged as a result of treatment carried out on the goods under section 133, 134, 335 or 336 of the Act (see subsection 632(2) of the Act).

    Destroyed goods

  3. (3)

    The amount of compensation payable in respect of goods (other than goods referred to in subsection (4) or (5)) that are destroyed under the Act is the amount that the Director of Biosecurity determines was the market value of the goods immediately before they were destroyed.

  4. (4)

    The amount of compensation payable in respect of an animal that:

    1. (a)

      was not subject to biosecurity control at the time it was destroyed; and

    2. (b)

      was destroyed because it was infected, or was suspected of being infected, with a disease or pest;

    is the amount that the Director of Biosecurity determines would have been the market value of the animal immediately before the animal was destroyed if the animal had not been infected, or suspected of being infected, with the disease or pest.

    Note: This subsection applies in relation to an animal that was destroyed under section 342 of the Act.

  5. (5)

    The amount of compensation payable in respect of an animal that was destroyed at a post‑entry quarantine facility, and in relation to which paragraph 633(3)(a) of the Act does not apply because of section 113 of this instrument, is the sum of:

    1. (a)

      the amount that the Director of Biosecurity determines was the market value of the animal, in the country from which it was exported, immediately before it left the country; and

    2. (b)

      any charges for freight, maintenance or other reasonable expenses incurred in respect of the animal after it left the country until the time it was destroyed.

    Destroyed conveyances or premises comprising buildings or other structures

  6. (6)

    The amount of compensation payable in respect of a conveyance, or premises comprising buildings or other structures, that are destroyed under the Act is the amount that the Director of Biosecurity determines was the market value of the conveyance, or the buildings or other structures, immediately before the conveyance, or the buildings or other structures, were destroyed.

Part 4Managing biosecurity risks: Torres Strait116References to geographical coordinates

For the purposes of this Part, the position on the surface of the Earth of a point, line or area is to be determined by reference to the Australian Geodetic Datum, as defined in Gazette No. 84 of 6 October 1966 (AGD 66 geodetic data set).

117Permanent biosecurity monitoring zones
  1. (1)

    For paragraph 378(1)(e) of the Act, this section prescribes other places that are a permanent biosecurity monitoring zone.

    Protected zone permanent biosecurity monitoring zone

  2. (2)

    The parts of Australian territory that are in the protected zone are a permanent biosecurity monitoring zone.

    Note: Protected zone is defined in subsection 617(4) of the Act.

    Torres Strait permanent biosecurity monitoring zone

  3. (3)

    The parts of Australian territory that are located in the area bounded by the line commencing at the point of Latitude 10°28′S, Longitude 142°00′E, and running:

    1. (a)

      from there east along the parallel of Latitude 10°28′S to its intersection with the meridian of Longitude 143°00′E; and

    2. (b)

      from there south along that meridian to its intersection with the parallel of Latitude 10°47′S; and

    3. (c)

      from there west along that parallel to its intersection with the meridian of Longitude 142°46′E; and

    4. (d)

      from there north‑westerly along the geodesic to the point of Latitude 10°36′S, Longitude 142°27′E; and

    5. (e)

      from there south‑westerly along the geodesic to the point of Latitude 10°52′S, Longitude 142°10′E; and

    6. (f)

      from there west along the parallel of Latitude 10°52′S to its intersection with the meridian of Longitude 142°00′E; and

    7. (g)

      from there north along that meridian to the point of commencement;

    are a permanent biosecurity monitoring zone (the Torres Strait permanent biosecurity monitoring zone).

118Exemptions from the Act – goods or aircraft or vessels moving from the protected zone or the Torres Strait permanent biosecurity monitoring zone to another part of Australian territory

Goods

(1)

If a movement of goods described in item 9, 10 or 11 in the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 occurs, the goods are exempt from section 119 of the Act in relation to that movement.

Note: The effect of this subsection is that the goods will not become subject to biosecurity control when they enter the destination part referred to in the relevant item.

Aircraft and vessels

(2)

If a movement of an aircraft or vessel described in item 10 or 11 in the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 occurs, the aircraft or vessel is exempt from section 191 of the Act in relation to that movement.

Note 1: The effect of this subsection is that the aircraft or vessel will not become subject to biosecurity control when it enters the destination part referred to in the relevant item.

Note 2: This section is made for the purposes of section 616 of the Act which provides that the regulations may exempt classes of goods or conveyances from provisions of the Act.

119Exemptions for Torres Strait treaty
  1. (1)

    This section applies in relation to the following:

    1. (a)

      all protected zone vessels;

    2. (b)

      all persons on board a protected zone vessel;

    3. (c)

      all goods on board a protected zone vessel that are goods referred to in subparagraph 617(1)(c)(i) or (ii) of the Act.

  2. (2)

    For subsection 617(1) of the Act, the vessels, persons and goods are exempt from the following provisions of the Act:

    1. (a)

      Division 3 of Part 1 of Chapter 3 (notice of goods to be unloaded in Australian territory);

    2. (b)

      section 145 (goods not to be unloaded except at first point of entry);

    3. (c)

      Division 8 of Part 1 of Chapter 3 (reporting biosecurity incidents);

    4. (d)

      Division 3 of Part 2 of Chapter 4 (pre‑arrival reporting by operator of vessel);

    5. (e)

      section 220 (requirement to give biosecurity information to persons on board vessel);

    6. (f)

      section 221 (requirements relating to quarantine signal);

    7. (g)

      section 245 (vessel to be moored at first point of entry);

    8. (h)

      Part 3 of Chapter 11 (cost recovery).

    Note: The exemption only has effect while the vessels, persons or goods remain in a protected zone area (see subsection 617(3) of the Act).

120Protected zone area

For paragraph (b) of the definition of protected zone area in subsection 617(4) of the Act, the area that is prescribed is the area bounded by the line commencing at the point of Latitude 10°30′S, Longitude 144°10′E, and running:

  1. (a)

    from there west along the parallel of Latitude 10°30′S to its intersection with the meridian of Longitude 141°20′E; and

  2. (b)

    from there north along that meridian to its intersection with the parallel of Latitude 10°28′S; and

  3. (c)

    from there east along that parallel to its intersection with the meridian of Longitude 144°10′E; and

  4. (d)

    from there south along that meridian to the point of commencement.

Chapter 10Transitional matters121Amendments made by the Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021

The amendments of this instrument made by Schedule 2 to the Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021 apply in relation to goods entered for home consumption on or after the commencement of that Schedule.

122Amendments made by the Biosecurity Amendment (Extension of Non‑prescribed Goods) Regulations 2022

The amendments of section 22 made by the Biosecurity Amendment (Extension of Non‑prescribed Goods) Regulations 2022 apply in relation to:

  1. (a)

    goods that become subject to biosecurity control on or after the commencement of that instrument; and

  2. (b)

    goods that became subject to biosecurity control before the commencement of that instrument but have not been released from biosecurity control as at that commencement.

Note: Goods include baggage (see the definitions of baggage and goods in sections 9 and 19 of the Act).

123Amendments made by the Biosecurity Amendment (2022 Measures No. 1) Regulations 2022
  1. (1)

    The amendments of section 44 made by Schedule 1 to the Biosecurity Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to the variation or revocation of a condition of a permit, or the imposition of a further condition on a permit, on or after the commencement of this section (whether the permit was granted before, on or after that commencement).

  2. (2)

    The amendments of section 45 made by Schedule 1 to the Biosecurity Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to the variation, suspension or revocation of a permit on or after the commencement of this section (whether the permit was granted before, on or after that commencement).

124Amendments made by the Biosecurity Amendment (Fees) Regulations 2023
  1. (1)

    Subject to subsection (3), the amendments made by items 18 and 21 of Schedule 1 to the Biosecurity Amendment (Fees) Regulations 2023 apply in relation to each month, or part of a month, that begins on or after 1 July 2023.

  2. (2)

    The amendments made by item 23 of Schedule 1 to the Biosecurity Amendment (Fees) Regulations 2023 apply in relation to each period of 30 days, or part of a period of 30 days, that begins on or after 1 July 2023.

  3. (3)

    Despite the amendments made by Schedule 1 to the Biosecurity Amendment (Fees) Regulations 2023, items 1 to 14 and 16 to 21 of the table in subsection 106(1), as in force immediately before 1 July 2023, continue to apply in relation to a fee‑bearing activity that is carried out on or after 1 July 2023, as if the amendments had not been made, if:

    1. (a)

      an invoice was issued by the Agriculture Department in relation to the fee‑bearing activity before 1 July 2023; or

    2. (b)

      demand for payment had been made in relation to the fee‑bearing activity before 1 July 2023.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

Biosecurity Regulation 2016

10 May 2016 (F2016L00756)

16 June 2016 (s 2(1) item 1)

Biosecurity Amendment (Ballast Water and Other Measures) Regulations 2017

22 May 2017 (F2017L00571)

Sch 1: 8 Sept 2017 (s 2(1) item 2)

Biosecurity Amendment (Fees) Regulations 2017

18 Dec 2017 (F2017L01633)

19 Dec 2017 (s 2(1) item 1)

Biosecurity Amendment (Approved Arrangements) Regulations 2018

17 Aug 2018 (F2018L01123)

1 Sept 2018 (s 2(1) item 1)

Biosecurity Amendment (International Mail Fee) Regulations 2020

14 May 2020 (F2020L00576)

15 May 2020 (s 2(1) item 1)

Biosecurity Amendment (Infringement Notices) Regulations 2020

17 Dec 2020 (F2020L01630)

1 Jan 2021 (s 2(1) item 1)

Customs and Biosecurity Amendment (Deferred Charges for Australian Trusted Traders) Regulations 2021

24 June 2021 (F2021L00832)

Sch 2: 1 July 2021 (s 2(1) item 1)

Biosecurity Amendment (Biofouling Management) Regulations 2021

15 Dec 2021 (F2021L01784)

15 June 2022 (s 2(1) item 1)

Biosecurity Amendment (Extension of Non‑prescribed Goods) Regulations 2022

5 Sept 2022 (F2022L01166)

6 Sept 2022 (s 2(1) item 1)

Biosecurity Amendment (2022 Measures No. 1) Regulations 2022

19 Dec 2022 (F2022L01681)

20 Dec 2022 (s 2(1) item 1)

Biosecurity Amendment (Information Management) Regulations 2023

15 May 2023 (F2023L00550)

5 June 2023 (s 2(1) item 1)

Biosecurity Amendment (Fees) Regulations 2023

23 June 2023 (F2023L00845)

1 July 2023 (s 2(1) item 1)

Biosecurity Amendment (Pre‑arrival Reporting) Regulations 2023

11 Dec 2023 (F2023L01647)

12 Dec 2023 (s 2(1) item 1)

Biosecurity Amendment (Extending Cost Recovery to Low Value Goods) Regulations 2024

17 June 2024 (F2024L00694)

1 Oct 2024 (s 2(1) item 1)

Biosecurity Amendment (Time for Payment of Charge for Low Value Goods) Regulations 2024

27 Sept 2024 (F2024L01227)

1 Oct 2024 (s 2(1) item 1)

Biosecurity Amendment (Cost Recovery) Regulations 2025

27 June 2025 (F2025L00797)

1 July 2025 (s 2(1) item 1)

Endnote 4Amendment history

Provision affected

How affected

Chapter 1

Part 1

s 2.............................................

rep LA s 48D

Part 2

s 5.............................................

am F2017L00571; F2017L01633; F2020L01630; F2022L01681; F2023L00845

Chapter 2

Part 3

s 22............................................

am F2022L01166

Part 5

s 44............................................

am F2022L01681

s 45............................................

am F2022L01681

Chapter 3

Part 1

s 46............................................

rs F2023L01647

s 47............................................

am F2023L01647

s 48............................................

am F2021L01784; F2023L01647

s 49............................................

am F2023L01647

s 51A.........................................

ad F2023L01647

Chapter 4...................................

rep F2017L00571

s 60............................................

rep F2017L00571

s 61............................................

rep F2017L00571

s 62............................................

rep F2017L00571

s 63............................................

rep F2017L00571

s 64............................................

rep F2017L00571

s 65............................................

rep F2017L00571

s 66............................................

rep F2017L00571

s 67............................................

rep F2017L00571

s 68............................................

rep F2017L00571

s 69............................................

rep F2017L00571

s 70............................................

rep F2017L00571

s 71............................................

rep F2017L00571

s 72............................................

rep F2017L00571

s 73............................................

rep F2017L00571

s 74............................................

rep F2017L00571

s 75............................................

rep F2017L00571

s 76............................................

rep F2017L00571

s 77............................................

rep F2017L00571

Chapter 7

s 87............................................

am F2020L01630

s 88............................................

rs F2020L01630

Chapter 9

Part 1.........................................

rep F2023L00550

s 104..........................................

rep F2023L00550

Part 2

Division 1

s 106..........................................

am F2020L00576; F2023L00845

s 106A.......................................

ad F2017L01633

am F2023L00845

s 107..........................................

am F2017L01633

s 107A.......................................

ad F2023L00845

Division 2

s 108..........................................

am F2021L00832; F2023L00845; F2024L00694; F2024L01227

s 109..........................................

am F2018L01123; F2023L00845; F2024L00694; F2025L00797

s 112..........................................

am F2017L01633

ed C2

Part 4

s 117..........................................

ed C1

s 120..........................................

ed C1

Chapter 10

Chapter 10..................................

ad F2021L00832

s 121..........................................

ad F2021L00832

s 122..........................................

ad F2022L01166

s 123..........................................

ad F2022L01681

s 124..........................................

ad F2023L00845

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0