Untitled document
Biosecurity Regulation 2016
made under the
Biosecurity Act 2015
Compilation No. 1
Compilation date: 8 September 2017
Includes amendments up to: F2017L00571
Registered: 8 September 2017
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 8 September 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary 1
Part 1—Preliminary 1
1............ Name................................................................................................... 1
3............ Authority............................................................................................. 1
4............ Extension of Biosecurity Act to Norfolk Island.................................. 1
Part 2—Definitions 2
5............ Definitions.......................................................................................... 2
6............ High‑value conveyance—prescribed amount...................................... 7
7............ High‑value goods—prescribed amounts............................................. 7
8............ References to animals.......................................................................... 7
Chapter 2—Managing biosecurity risks: goods 8
Part 1—Notice of goods to be unloaded in Australian territory 8
Division 1—Preliminary 8
9............ Purpose of this Part............................................................................. 8
Division 2—Goods to be unloaded in Australian territory other than in certain external Territories 9
10.......... Application of this Division................................................................ 9
11.......... Notice of goods—general................................................................... 9
12.......... Notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel.......................................................................................................... 12
13.......... Additional notice of certain animals and eggs to be brought into Australian territory on an aircraft or vessel................................................................................................ 18
14.......... Notice of goods that are the subject of an import declaration............ 20
Division 3—Goods to be unloaded in certain external Territories 23
15.......... Notice of goods to be unloaded in Norfolk Island, Christmas Island or Cocos (Keeling) Islands.......................................................................................................... 23
Division 4—Exceptions 26
16.......... Exceptions to requirement to give notice of goods............................ 26
Part 2—Goods brought into Australian territory 27
17.......... Other biosecurity measures relating to goods—isolation.................. 27
18.......... Person must comply with direction to affix isolation notice.............. 29
19.......... Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated.............................................................................................. 29
20.......... Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed........................................................ 30
21.......... Interfering with, removing or defacing isolation notice..................... 30
Part 3—Release of goods from biosecurity control 32
22.......... Release of goods brought into Australian territory from biosecurity control 32
Part 4—Biosecurity import risk analyses 34
Division 1—Process for conducting a BIRA 34
23.......... Purpose of this Division................................................................... 34
24.......... Notice of intention to conduct a BIRA and issues paper................... 34
25.......... Draft BIRA report............................................................................. 34
26.......... Provisional BIRA report................................................................... 35
27.......... Final BIRA report............................................................................. 35
28.......... Further information, research or expert advice.................................. 36
29.......... Scientific advisory group.................................................................. 36
30.......... Content of a BIRA report.................................................................. 36
31.......... Time within which a BIRA must be completed................................. 37
32.......... Termination of a BIRA..................................................................... 38
Division 2—Reviews by the Inspector‑General 39
33.......... Purpose of this Division................................................................... 39
34.......... Person may request Inspector‑General to review BIRA process...... 39
35.......... Inspector‑General must consider request for review......................... 39
36.......... Time within which review of BIRA process must be completed...... 40
37.......... Draft BIRA review report................................................................. 40
38.......... Final BIRA review report................................................................. 40
39.......... Failure to comply with this Division does not affect validity of a BIRA review report 41
Part 5—Permits to bring or import goods into Australian territory 42
40.......... Information that must be included in application for permit to bring or import conditionally non‑prohibited goods into Australian territory.................................. 42
41.......... Period for making decision on application for permit........................ 42
42.......... Extension of period for deciding application for permit—prescribed activities 42
43.......... Maximum period within which requested information or documents must be given 43
44.......... Varying or revoking conditions of, or imposing further conditions on, permit 43
45.......... Variation, suspension or revocation of permit................................... 44
Chapter 3—Managing biosecurity risks: conveyances 45
Part 1—Pre‑arrival reporting 45
46.......... Purpose of this Part........................................................................... 45
47.......... Pre‑arrival report—aircraft................................................................ 45
48.......... Pre‑arrival report—vessels other than certain vessels travelling from certain areas in the Torres Strait.......................................................................................................... 46
49.......... Pre‑arrival report—certain vessels travelling from certain areas in the Torres Strait 49
50.......... Exceptions to requirement to give pre‑arrival report—aircraft........... 50
51.......... Exceptions to requirement to give pre‑arrival report—vessels.......... 51
Part 2—Conveyances entering Australian territory 52
52.......... Conveyance becomes subject to biosecurity control if exposed to certain goods 52
53.......... Persons on incoming aircraft or vessel required to provide information to assess level of biosecurity risk.................................................................................................... 52
54.......... Biosecurity officer may require trap to be set in or on certain conveyances for monitoring or assessment purposes............................................................................................ 52
55.......... Person must comply with direction in relation to setting trap in or on conveyance for monitoring or assessment purposes......................................................................... 53
Part 3—First points of entry 55
56.......... Requirements that must be met before determining a landing place to be first point of entry 55
57.......... Circumstances for variation and revocation of first point of entry determinations in relation to landing places................................................................................................ 55
58.......... Requirements that must be met before determining a port to be first point of entry 56
59.......... Circumstances for variation and revocation of first point of entry determinations in relation to ports.......................................................................................................... 56
Chapter 5—Managing biosecurity risks: monitoring, control and response 57
78.......... Other biosecurity measures relating to goods or conveyances—export from Australian territory.......................................................................................................... 57
Chapter 6—Approved arrangements 59
Part 1—Approval of proposed arrangement 59
79.......... Requirements for approving proposed arrangement.......................... 59
80.......... Transfer of approved arrangement.................................................... 59
Part 2—Suspension of approved arrangement 60
81.......... Requirements for request to suspend all or a part of an approved arrangement 60
82.......... Period for making decision on request to suspend a part of an approved arrangement 60
Part 3—Revocation of approved arrangement 61
83.......... Notice period for request to revoke approved arrangement............... 61
Part 4—General provisions about applications 62
84.......... Applications to which this Part applies............................................. 62
85.......... Information to be included in applications......................................... 62
86.......... Dealing with applications.................................................................. 62
Chapter 7—Compliance and enforcement 63
87.......... Period for paying an amount under certain infringement notices given at a first point of entry.......................................................................................................... 63
88.......... Amount payable under certain infringement notices.......................... 63
Chapter 8—Governance and officials 64
Part 1—Preliminary 64
89.......... Purpose of this Chapter..................................................................... 64
Part 2—Annual review program 65
90.......... Annual review program.................................................................... 65
91.......... Variation of annual review program.................................................. 65
92.......... When reviews are to be conducted.................................................... 65
Part 3—Process for conducting review 67
93.......... Inspector‑General may invite submissions........................................ 67
94.......... Submissions may be made publicly available.................................... 67
95.......... Assistance from the Director of Biosecurity..................................... 68
Part 4—Review reports 69
96.......... Draft review report............................................................................ 69
97.......... Final review report............................................................................ 69
98.......... Certain material to be excluded from review reports......................... 69
99.......... Including criticism in review reports................................................. 70
100........ Failure to comply with this Chapter does not affect validity of a review report 71
Part 5—Other matters 72
101........ Information that would be prejudicial to the public interest............... 72
102........ Legal professional privilege.............................................................. 73
103........ Inspector‑General to have regard to minimising disruption during review 73
Chapter 9—Miscellaneous 75
Part 1—Confidentiality of information 75
104........ Use of protected information by intelligence agencies....................... 75
Part 2—Cost recovery 76
Division 1—Fees 76
105........ Meaning of consignment................................................................... 76
106........ Fees that may be charged in relation to fee‑bearing activities............ 76
107........ When section 106 does not apply...................................................... 80
Division 2—Payment of cost‑recovery charges 82
108........ Time for payment of certain cost‑recovery charges........................... 82
109........ Person liable to pay certain cost‑recovery charges............................ 82
110........ Late payment fee for certain unpaid cost‑recovery charges............... 84
111........ Person liable to pay late payment fee................................................. 84
112........ Agent’s liability to pay cost‑recovery charge.................................... 84
Part 3—Compensation 85
113........ Compensation for certain animals destroyed at a post‑entry quarantine facility 85
114........ Division of compensation between owners....................................... 85
115........ Amount of compensation.................................................................. 85
Part 4—Managing biosecurity risks: Torres Strait 87
116........ References to geographical coordinates............................................. 87
117........ Permanent biosecurity monitoring zones........................................... 87
118........ Exemptions 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 88
119........ Exemptions for Torres Strait treaty................................................... 88
120........ Protected zone area............................................................................ 89
Endnotes90
Endnote 1—About the endnotes 90
Endnote 2—Abbreviation key 91
Endnote 3—Legislation history 92
Endnote 4—Amendment history 93
Endnote 5—Editorial changes 94
Chapter 1—Preliminary
Part 1—Preliminary
1 Name
This is the Biosecurity Regulation 2016.
3 Authority
This instrument is made under the Biosecurity Act 2015.
4 Extension of Biosecurity Act to Norfolk Island
(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) 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 2—Definitions
5 Definitions
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:
(a) instruments made under that Act; and
(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:
(a) for a notice under section 120 of the Act—means a form approved under paragraph 120(3)(d) of the Act; or
(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:
(a) a draft BIRA report; or
(b) a provisional BIRA report; or
(c) a final BIRA report.
BIRA review report means:
(a) a draft BIRA review report; or
(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 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 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:
(a) that has been professionally trained to assist a person with a disability; and
(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 certificate has the same meaning as in the Biosecurity (Prohibited and Conditionally Non‑prohibited Goods) Determination 2016.
human biosecurity official means any of the following:
(a) a human biosecurity officer;
(b) a chief human biosecurity officer;
(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 declaration has 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:
(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
(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
(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
(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
(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:
(a) for a category 1 permit application—means the period of 30 minutes; or
(b) for a category 2 permit application—means the period of 1 hour; or
(c) for a category 3 permit application—means the period of 2 hours; or
(d) for a category 4 permit application—means the period of 3 hours; or
(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 at a location where a person is available to carry out the activity on an ongoing basis.
isolation notice, in relation to goods that are required to be isolated in or on premises under subsection 17(1), means:
(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
(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 carried out at a location where no one is available to carry out the activity on an ongoing basis.
place of origin, in relation to goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel, means:
(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
(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
(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:
(a) a draft review report prepared under section 96; or
(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 certificate has 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.
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:
(a) an approved arrangement; or
(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:
(a) a zoo;
(b) a wildlife park;
(c) a breeding centre for endangered species;
(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.
6 High‑value conveyance—prescribed amount
For the definition of high‑value conveyance in section 9 of the Act, $999.99 is prescribed.
7 High‑value goods—prescribed amounts
For the definition of high‑value goods in section 9 of the Act, the following values are prescribed:
(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;
(b) for goods (other than animals or animal reproductive material) that are to be destroyed—$9 999.99;
(c) for goods that are animals or animal reproductive material—$9 999.99.
8 References to animals
Unless otherwise stated, a reference in this instrument to an animal is a reference to a live animal.
Chapter 2—Managing biosecurity risks: goods
Part 1—Notice of goods to be unloaded in Australian territory
Division 1—Preliminary
9 Purpose of this Part
(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:
(a) brought into Australian territory; and
(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) In particular, this Part makes provision for and in relation to the following:
(a) the persons who may give a notice;
(b) the information that must be included in a notice;
(c) the manner in which a notice must be given;
(d) the person to whom a notice must be given;
(e) the time at which, or the period during which, a notice must be given;
(f) exceptions to the requirement to give a notice.
Division 2—Goods to be unloaded in Australian territory other than in certain external Territories
10 Application 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:
(a) brought into Australian territory, other than Norfolk Island, Christmas Island or Cocos (Keeling) Islands; and
(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.
11 Notice of goods—general
Application
(1) This section makes provision in relation to a notice of the following goods (the goods):
(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;
(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:
(a) the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;
(b) each slot charterer (if any) who arranged for the transport of the goods into Australian territory;
(c) each freight forwarder (if any) who arranged for the transport of the goods into Australian territory;
(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:
(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
(b) if the goods are, or are intended to be, brought into Australian territory on a vessel—no later than:
(i) 48 hours before the vessel is estimated to arrive at its first port in Australian territory; or
(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.
12 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:
(a) cats;
(b) dogs;
(c) a consignment of ornamental fish;
(d) a consignment of lobsters;
(e) laboratory animals;
(f) zoo animals;
(g) animal reproductive material (other than frozen material);
(h) horses;
(i) asses, mules or hinnies;
(j) ruminants;
(k) a consignment of fertile eggs;
(l) a consignment of pigeons;
(m) a consignment of birds that:
(i) are, or are intended to be, brought into Australian territory on a flight or voyage commencing in New Zealand; and
(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;
(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:
(a) the person who applied for the permit authorising the goods to be brought or imported into Australian territory;
(b) each person who is responsible for arranging to bring the goods into Australian territory;
(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.
13 Additional 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:
(a) cats;
(b) dogs;
(c) laboratory animals;
(d) zoo animals;
(e) horses;
(f) asses, mules or hinnies;
(g) ruminants;
(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:
(a) the person who applied for the permit authorising the goods to be brought or imported into Australian territory;
(b) each person who is responsible for arranging to bring the goods into Australian territory;
(c) each customs broker (if any) who arranged for the goods to be brought into Australian territory;
(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:
(a) identifying information for the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;
(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;
(c) the first landing place or port in Australian territory where the goods are intended to be brought;
(d) the estimated day and time of arrival of the goods at the place referred to in paragraph (c);
(e) the number of the permit authorising the goods to be brought or imported into Australian territory;
(f) the details about the animals, or eggs, required by the approved form;
(g) the number of the waybill or bill of lading (however described) for the goods;
(h) the number and kind of animals or eggs;
(i) the name of the owner of the animals or eggs;
(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.
14 Notice 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:
(a) are the subject of an import declaration; and
(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:
(a) each person who is responsible for arranging to bring the goods into Australian territory;
(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:
(a) the name and contact details of the person giving the notice;
(b) the name and contact details of the owner of the goods;
(c) the name and contact details of the supplier of the goods;
(d) information identifying the aircraft or vessel on which the goods are, or are intended to be, brought into Australian territory;
(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;
(f) the first landing place or port in Australian territory where the goods are, or are intended to be, brought;
(g) each landing place or port in Australian territory where the goods are, or are intended to be, unloaded;
(h) the place in Australian territory that is, or is intended to be, the final destination of the goods;
(i) the day, or estimated day, of arrival of the goods at each place referred to in paragraphs (f), (g) and (h);
(j) a description of the goods;
(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;
(l) whether the goods are unaccompanied personal effects;
(m) the number of the waybill or bill of lading (however described) for the goods;
(n) 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;
(o) the number and type of packages containing the goods;
(p) the shipping, or other identifying, marks relating to the goods;
(q) the number of each container containing the goods;
(r) the import entry reference number for the goods;
(s) the code (known as the Harmonised Tariff Item Statistical Code) for the goods under the Customs Tariff Act 1995;
(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 3—Goods to be unloaded in certain external Territories
15 Notice 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:
(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
(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:
(a) the operator of the aircraft or vessel on which the goods are, or are intended to be, brought into the relevant external Territory;
(b) each slot charterer (if any) who arranged for the transport of the goods into the relevant external Territory;
(c) each freight forwarder (if any) who arranged for the transport of the goods into the relevant external Territory;
(d) each person who is responsible for arranging to bring the goods into the relevant external Territory;
(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:
(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 the relevant external Territory where the goods are intended to be brought;
(d) each landing place or port in the relevant external 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 name and contact details of the person giving the notice;
(g) the number of the waybill or bill of lading (however described) for the goods;
(h) a description of the goods;
(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;
(j) whether the goods are unaccompanied personal effects;
(k) if the goods are, or are intended to be, brought into the relevant external 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;
(l) 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;
(m) the number and type of packages containing the goods;
(n) the number of each container containing the goods;
(o) if the goods include animals:
(i) the number of the permit authorising the goods to be brought or imported into Australian territory; and
(ii) the address in Australian territory where the goods are intended to be kept; and
(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:
(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
(b) if the goods are, or are intended to be, brought into the relevant external Territory on a vessel—no later than:
(i) 60 hours before the vessel is estimated to arrive at its first port in the relevant external Territory; or
(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 4—Exceptions
16 Exceptions 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:
(a) baggage;
(b) goods included in a consignment to which paragraph 68(1)(e) of the Customs Act 1901 applies;
(c) waste;
(d) goods that are, or are intended to be, brought into Australian territory on an aircraft or vessel that is an exempt exposed conveyance;
(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;
(f) elasmobranch or teleost fish that:
(i) are caught by a vessel that is not an exposed conveyance; and
(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;
(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:
(i) the aircraft or vessel returns to Australian territory during the flight or voyage; and
(ii) on return the goods are, or are intended to be, unloaded at a landing place or port in Australian territory; and
(iii) the aircraft or vessel is not an exposed conveyance;
(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;
(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 2—Goods brought into Australian territory
17 Other 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:
(a) direct a person in charge of the goods to do either or both of the following:
(i) affix a notice to, or as near as reasonably practicable to, the goods;
(ii) affix a notice at each entry and exit point of the premises; or
(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:
(a) the goods to which the notice applies;
(b) that the level of biosecurity risk associated with the goods is unacceptable;
(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;
(d) the premises in or on which the goods are required to be isolated;
(e) the isolation period;
(f) any requirements imposed under subsection (4);
(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:
(a) a requirement that persons entering or leaving the premises do so at specified places;
(b) a requirement that specified classes of persons not enter the premises;
(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;
(d) a requirement that persons not interfere with the premises;
(e) a requirement that persons bringing goods on to the premises do so at specified places;
(f) a requirement that specified classes of goods not be brought on to the premises;
(g) a requirement that conveyances entering or leaving the premises do so at specified places;
(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:
(a) the circumstances in which a person is required to wear the clothing or equipment;
(b) the period during which, or the times at which, the person is required to wear the clothing or equipment;
(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.
18 Person must comply with direction to affix isolation notice
(1) A person who is given a direction under paragraph 17(2)(a) must comply with the direction.
Fault‑based offence
(2) A person commits an offence if:
(a) the person is given a direction under paragraph 17(2)(a); and
(b) the person engages in conduct; and
(c) the conduct contravenes the direction.
Penalty: 50 penalty units.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
19 Contravention of requirement relating to entering or leaving etc. premises where goods have been isolated
(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) A person commits an offence if:
(a) an isolation notice is affixed:
(i) to, or as near as reasonably practicable to, goods; or
(ii) at an entry or exit point of premises in or on which goods have been isolated; and
(b) the isolation notice states a requirement; and
(c) the requirement applies to the person; and
(d) the person engages in conduct; and
(e) the conduct contravenes the requirement.
Penalty: 50 penalty units.
Civil penalty provision
(3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
20 Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed
(1) A person contravenes this subsection if:
(a) an isolation notice has been affixed under subsection 17(2):
(i) to, or as near as reasonably practicable to, goods; or
(ii) at an entry or exit point of premises in or on which goods have been isolated; and
(b) the person moves, deals with or interferes with the goods; and
(c) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;
(ii) the person needs to engage in that conduct to comply with a direction given under the Act by a biosecurity official;
(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).
(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
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.
21 Interfering with, removing or defacing isolation notice
(1) A person is liable to a civil penalty if:
(a) an isolation notice is affixed under subsection 17(2):
(i) to, or as near as reasonably practicable to, goods; or
(ii) at an entry or exit point of premises in or on which goods have been isolated; and
(b) the person interferes with, removes or defaces the notice; and
(c) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;
(ii) the person needs to engage in that conduct to comply with a direction given under the Act by a biosecurity official;
(iii) the person has been given permission to engage in that conduct by a biosecurity officer.
Civil penalty: 50 penalty units.
(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 3—Release of goods from biosecurity control
22 Release of goods brought into Australian territory from biosecurity control
(1) This section is made for the purposes of paragraph 162(1)(c) and subsection 162(4) of the Act.
Baggage
(2) Subject to subsection (3):
(a) baggage brought into a first point of entry is prescribed; and
(b) the boundary of the first point of entry is a designated biosecurity control release area for the baggage.
(3) The baggage is not prescribed if:
(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
(b) the baggage is conditionally non‑prohibited goods that are authorised to be brought or imported into Australian territory subject to a condition:
(i) relating to the use of the goods for laboratory, research or propagation purposes; or
(ii) requiring the goods to be kept at a post‑entry quarantine facility while they are in Australian territory.
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) Subject to subsection (5):
(a) goods brought to an international mail centre are prescribed; and
(b) the boundary of the international mail centre is a designated biosecurity control release area for the goods.
(5) The goods are not prescribed if:
(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
(b) the goods are conditionally non‑prohibited goods that are authorised to be brought or imported into Australian territory subject to a condition:
(i) relating to the use of the goods for laboratory, research or propagation purposes; or
(ii) requiring the goods to be kept at a post‑entry quarantine facility while they are in Australian territory.
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 4—Biosecurity import risk analyses
Division 1—Process for conducting a BIRA
23 Purpose 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).
24 Notice 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:
(a) must publish a notice on the Agriculture Department’s website stating:
(i) that the Director of Biosecurity is proposing to conduct the BIRA in relation to the goods or the particular class of goods; and
(ii) the opportunities for consultation with stakeholders that will be given in conducting the BIRA; and
(b) must prepare an issues paper in relation to the BIRA and publish it on the Agriculture Department’s website.
25 Draft BIRA report
(1) The Director of Biosecurity:
(a) must prepare a draft BIRA report, in accordance with section 30, in relation to a BIRA conducted in accordance with this Division; and
(b) must publish on the Agriculture Department’s website:
(i) the draft BIRA report; and
(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) 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) 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.
26 Provisional BIRA report
(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) In preparing the provisional BIRA report, the Director of Biosecurity must consider:
(a) any information received in the course of conducting the BIRA; and
(b) any submissions received in relation to the draft BIRA report; and
(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) 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).
27 Final BIRA report
(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) If:
(a) the period for requesting the Inspector‑General to review the process of conducting the BIRA has ended; and
(b) either:
(i) no request for a review has been made; or
(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) 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.
28 Further 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.
29 Scientific advisory group
(1) The Director of Biosecurity must appoint, in writing, external persons to be members of a scientific advisory group.
(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) 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)).
30 Content of a BIRA report
(1) A BIRA report prepared by the Director of Biosecurity in relation to goods or a class of goods:
(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
(b) must include the information and other material on which the findings are based; and
(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
(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
(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) 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) Subject to subsection (4), the BIRA report must state that the findings and any conditions apply in relation to Australian territory.
(4) If any findings or conditions apply in relation to a part only of Australian territory, the BIRA report must:
(a) specify the part, or parts, of Australian territory to which the findings and conditions apply; and
(b) identify the findings and any conditions that apply in relation to that part of Australian territory.
31 Time within which a BIRA must be completed
(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) The following periods are to be disregarded for the purpose of calculating the period of 30 months:
(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):
(i) the Inspector‑General notifies the Director that the Inspector‑General is not satisfied that it is appropriate to conduct the review; or
(ii) the Inspector‑General gives the final BIRA review report to the Director under section 38;
(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) 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:
(a) the Director has made a request under section 28 or 29 in relation to the BIRA; or
(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) A notice published under subsection (3) in relation to a BIRA must:
(a) identify the BIRA; and
(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
(c) state the reason for issuing the notice; and
(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) 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) The Director of Biosecurity may revoke a notice published under subsection (3) in relation to a BIRA if, as the case may be:
(a) the Director has been given an adequate response to a request made under section 28 or 29; or
(b) the Director is satisfied that a response to a request made under section 28 or 29 is no longer necessary; or
(a) prejudice the security, defence or international relations of the Commonwealth; or
(b) prejudice negotiations relating to a treaty or other international agreement; or
(c) be contrary to a treaty or other international agreement to which Australia is a party; or
(d) prejudice relations between the Commonwealth and a State or Territory; or
(e) involve the disclosure of deliberations or decisions of the Cabinet or of a Committee of the Cabinet; or
(f) involve the disclosure of deliberations or advice of the Executive Council; or
(g) prejudice the prevention, investigation or prosecution of an offence against any law; or
(h) prejudice the prevention or investigation of, or the conduct of proceedings for recovery of civil penalties for, a contravention of any law; or
(i) be contrary to an order of a court or tribunal; or
(j) be contrary to the public interest for any other reason that could form the basis for a claim in a judicial proceeding that information relating to the matter should not be disclosed or documents relating to the matter should not be produced; or
(k) endanger the safety of any person; or
(l) prejudice the revenue of the Commonwealth.
(2) If the Director of Biosecurity makes a request under subsection (1), the Director of Biosecurity must notify the Inspector‑General, in writing, that the request has been made.
(3) If the Agriculture Minister receives a request under subsection (1) in relation to information relating to a specified matter, the Agriculture Minister must:
(a) decide whether or not to give a direction in relation to the information; and
(b) notify the Director of Biosecurity and the Inspector‑General, in writing, of the decision; and
(c) if the Agriculture Minister decides that making the information publicly available would be prejudicial to the public interest on a ground referred to in any of paragraphs (1)(a) to (l)—give the Director of Biosecurity and the Inspector‑General, in writing, a direction to that effect and the reasons for the direction.
(4) The Inspector‑General must not make information relating to the specified matter publicly available, or publish a review report including information relating to the specified matter, unless the Inspector‑General has been notified of the Agriculture Minister’s decision under paragraph (3)(b).
(5) If the Agriculture Minister gives the Inspector‑General a direction under paragraph (3)(c) in relation to information relating to a specified matter, the Inspector‑General must not make the information publicly available or include it in a review report.
102 Legal professional privilege
(1) Information or a document that was given to the Inspector‑General for the purposes of a review must not be made publicly available, or included in a review report, if the information or document is:
(a) the subject of legal professional privilege; or
(b) derived from information or a document that is the subject of legal professional privilege.
(2) Despite subsection (1), the Inspector‑General may include in information or a document that is made publicly available, or in a review report, a statement:
(a) that legal advice contained in information or a document that was given to the Inspector‑General for the purposes of a review was considered in the course of the review; and
(b) outlining, in general terms, the relevance of that advice, or of any aspect of it, to the review.
(3) If a statement relating to legal advice is included in information or a document, or a review report, under subsection (2), the advice does not cease to be the subject of legal professional privilege merely because:
(a) the statement is included in the information or document or review report; or
(b) in the case of a statement that is included in a review report:
(i) the report is given to the Director of Biosecurity or the Agriculture Minister; or
(ii) the report is published under subsection 97(4).
103 Inspector‑General to have regard to minimising disruption during review
In performing functions or exercising powers in relation to a review, the Inspector‑General must have regard to the desirability of minimising any resulting disruption to the performance of functions, or the exercise of powers, by any of the following:
(a) the Director of Biosecurity;
(b) the Director of Human Biosecurity;
(c) a chief human biosecurity officer, a human biosecurity officer or a group of such officers;
(d) a biosecurity officer, a biosecurity enforcement officer or a group of such officers;
(e) any other officer or employee of a Commonwealth body;
(f) a member of the Australian Defence Force;
(g) an officer or employee of a State or Territory body;
(h) a consultant to the Department;
(i) a biosecurity industry participant.
Chapter 9—Miscellaneous
Part 1—Confidentiality of information
104 Use of protected information by intelligence agencies
For subsection 583(2) of the Act, the following intelligence agencies are prescribed:
(a) the Australian Secret Intelligence Service;
(b) the Australian Security Intelligence Organisation;
(c) that part of the Defence Department known as the Australian Signals Directorate.
Part 2—Cost recovery
Division 1—Fees
105 Meaning of consignment
(1) For the purposes of this Part, one or more animals or eggs are not a consignment unless:
(a) they are all consigned by the same person to the same consignee; and
(b) they all arrive at a post‑entry quarantine facility on the same day.
(2) To avoid doubt, for the purposes of this Part, a single animal or egg may constitute a consignment of bees, birds or eggs.
106 Fees that may be charged in relation to fee‑bearing activities
(1) For subsection 592(1) of the Act, the fee that may be charged in relation to a fee‑bearing activity referred to in column 1 of an item in the following table is the amount set out in, or worked out in accordance with, column 2 of the item.
| Fees that may be charged in relation to fee‑bearing activities | ||
| Item | Column 1 Fee‑bearing activity | Column 2 Amount |
| 1 | In‑office activity provided during ordinary hours of duty, including the following: (a) inspection, examination, assessment, analysis, diagnostic activity, clearance, treatment, audit, supervision, training, and any other activity carried out in relation to goods or a conveyance (other than an activity referred to in another item in this table); (b) approving a proposed arrangement under section 406 of the Act | For each person carrying out the activity—$30 for each quarter hour or part of a quarter hour |
| 2 | In‑office activity referred to in paragraph (a) or (b) of column 1 of item 1 provided on a weekday outside ordinary hours of duty | For each person carrying out the activity: (a) if the activity is carried out immediately before or immediately after an in‑office activity carried out by the person during ordinary hours of duty—$45 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$90; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$45 |
| 3 | In‑office activity referred to in paragraph (a) or (b) of column 1 of item 1 provided on a Saturday, Sunday or a Departmental holiday | For each person carrying out the activity: (a) for any period up to 30 minutes—$100; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$50 |
| 4 | Assessment of a category 1 permit application | For each application—$60 |
| 5 | Assessment of a category 2 permit application | For each application—$120 |
| 6 | Assessment of a category 3 permit application | For each application—$240 |
| 7 | Assessment of a category 4 permit application | For each application—$360 |
| 8 | Assessment of a category 5 permit application | For each application—$480 |
| 9 | Assessment of a permit application referred to in any of items 4 to 8 that is not completed within the initial assessment period for the application | For each application—for each quarter hour, or part of a quarter hour, after the initial assessment period for the application—$30 |
| 10 | Assessment of a permit application referred to in any of items 4 to 8 provided on a weekday outside ordinary hours of duty | For each application—in addition to the initial assessment fee for the application and any fee that applies to the application under item 9: (a) if the assessment is provided immediately before or immediately after ordinary hours of duty—$15 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$30; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$15 |
| 11 | Assessment of a permit application referred to in any of items 4 to 8 provided on a Saturday, Sunday or a Departmental holiday | For each application—in addition to the initial assessment fee for the application and any fee that applies to the application under item 9: (a) for any period up to 30 minutes—$40; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$20 |
| 12 | Out‑of‑office activity carried out during ordinary hours of duty, including the following: (a) inspection, examination, assessment, analysis, diagnostic activity, clearance, treatment, audit, supervision, training, and any other activity carried out in relation to goods or a conveyance (other than an activity referred to in another item in this table); (b) approving a proposed arrangement under section 406 of the Act | For each person carrying out the activity: (a) for less than a working day—$50 for each quarter hour or part of a quarter hour; or (b) for: (i) each working day—$1 000; and (ii) each additional quarter hour, or part of a quarter hour, on that day—$50 |
| 13 | Out‑of‑office activity referred to in paragraph (a) or (b) of column 1 of item 12 provided on a weekday outside ordinary hours of duty | For each person carrying out the activity: (a) if the activity is provided immediately before or immediately after an out‑of‑office activity provided by the person during ordinary hours of duty—$65 for each quarter hour or part of a quarter hour; or (b) in any other case: (i) for any period up to 30 minutes—$130; and (ii) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$65 |
| 14 | Out‑of‑office activity referred to in paragraph (a) or (b) of column 1 of item 12 provided on a Saturday, Sunday or a Departmental holiday | For each person carrying out the activity: (a) for any period up to 30 minutes—$140; and (b) for each quarter hour, or part of a quarter hour, after the first 30 minutes—$70 |
| 15 | Provision of consumable materials used in performing a diagnostic activity to which any of items 1 to 3 or 12 to 14 applies | A fee equivalent to the cost of the consumable materials |
| 16 | Husbandry activities in relation to a horse or ruminant, or any other animal (other than a cat or dog) weighing more than 25 kilograms, in a post‑entry quarantine facility | For each animal for each day—$60 |
| 17 | Husbandry activities in relation to a cat or dog, or any other animal weighing 25 kilograms or less, in a post‑entry quarantine facility | For each animal for each day—$29 |
| 18 | Husbandry activities (including entomological testing) in relation to a consignment of bees in a post‑entry quarantine facility | For each consignment for each month or part of a month—$280 |
| 19 | Husbandry activities in relation to a consignment of birds in a post‑entry quarantine facility | For each consignment for each day—$150 |
| 20 | Husbandry activities in relation to a consignment of birds’ eggs for hatching in a post‑entry quarantine facility | For each consignment for each day—$200 |
| 21 | Husbandry activities in relation to a plant, or plants, in a post‑entry quarantine facility | For each square metre, or part of a square metre, of space occupied by the plant or plants for each month or part of a month—$20 |
| 22 | Provision of a house at the post‑entry quarantine facility on Torrens Island for accommodation (excluding cleaning of the house) for persons who bring or import animals into Australian territory | For each continuous period of 7 days, or part of such a 7 day period—$212 |
| 23 | Temporary storage at premises owned or managed by the Commonwealth of baggage brought into Australian territory that is suspected of posing an unacceptably high level of biosecurity risk | For each piece of baggage for each period of 30 days, or part of a period of 30 days—$30 |
| 24 | Activity referred to in another item in this table that is carried out by a person on behalf of the Commonwealth | A fee equivalent to the cost incurred by the Commonwealth in arranging and paying for the person to carry out the activity on behalf of the Commonwealth |
| 25 | Assessment and management of biosecurity risks associated with mail received by Australia Post from places outside Australian territory in a financial year | For the following: (a) the financial year beginning on 1 July 2016—$11 700 000; (b) the financial year beginning on 1 July 2017—$15 100 000; (c) the financial year beginning on 1 July 2018—$15 300 000 |
(2) If a person asks for a fee‑bearing activity to be carried out at a particular time, and the carrying out of the activity at that time would mean that the person would be liable to pay a fee under item 2, 3, 10, 11, 13 or 14 in the table in subsection (1), the activity must not be carried out until the person has been informed about the fee.
(3) Unless the contrary intention appears, each fee that may be charged under this instrument in relation to a fee‑bearing activity is in addition to any other fee that may be charged under this instrument in relation to the activity.
When section 106 does not apply
General
(1) A fee may not be charged in relation to an activity referred to in any of items 1 to 24 in the table in subsection 106(1) if the activity relates to:
(a) goods brought or imported into Australian territory:
(i) for the official use of a diplomatic mission in Australian territory; or
(ii) for the personal use of a diplomatic agent of the mission; or
(iii) for the personal use of a member of the diplomatic agent’s family, if the person forms part of the diplomatic agent’s household and is not an Australian citizen; or
(b) goods brought or imported into Australian territory for the personal use of a member of the administrative or technical staff (the staff member) of a diplomatic mission at the time of first placement, if the staff member is neither an Australian citizen nor permanently resident in Australia; or
(c) goods brought or imported into Australian territory for the personal use of a member of the staff member’s family at the time of first placement, if the person forms part of the staff member’s household and is neither an Australian citizen nor permanently resident in Australia; or
(d) conveyances or equipment used by the defence force of a foreign country that is engaged in a combined military activity if the Australian Defence Force has informed the Director of Biosecurity of the combined military activity; or
(e) a disability assistance dog brought or imported into Australian territory.
Examination of baggage
(2) A fee may not be charged in relation to the examination of baggage that is brought or imported into Australian territory on the same aircraft or vessel as the owner of the baggage or the person who brought or imported the baggage.
Activities carried out in, or in relation to goods, conveyances or other things brought or imported into Norfolk Island, Christmas Island or Cocos (Keeling) Islands
(3) A fee may not be charged in relation to any of the following:
(a) an activity carried out in relation to goods that are brought or imported into Norfolk Island, Christmas Island or Cocos (Keeling) Islands;
(b) an activity carried out in relation to a conveyance that is in Norfolk Island, Christmas Island or Cocos (Keeling) Islands;
(c) the assessment of an application for an import permit to bring or import goods into Norfolk Island, Christmas Island or Cocos (Keeling) Islands;
(d) the approval of a proposed arrangement under section 406 of the Act to carry out biosecurity activities to manage biosecurity risks associated with goods, conveyances or other things that are brought or imported into Norfolk Island, Christmas Island or Cocos (Keeling) Islands;
(e) an activity carried out in Norfolk Island, Christmas Island or Cocos (Keeling) Islands.
Note: This section applies in relation to an activity carried out in relation to goods, conveyances or other things that are brought or imported into Norfolk Island on or after 1 July 2016, or an activity carried out in Norfolk Island on or after that date (see subsection 4(2)).
Assessment of application for import permit to bring or import goods from the protected zone or the Torres Strait permanent biosecurity monitoring zone to certain other parts of Australian territory
(4) A fee may not be charged under any of items 4 to 11 in the table in subsection 106(1) in relation to the assessment of an application for an import permit to bring or import goods:
(a) from a part of Australian territory specified in column 1 of item 9 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(b) from a part of Australian territory specified in column 1 of item 10 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item; or
(c) from a part of Australian territory specified in column 1 of item 11 of the table in section 5 of the Biosecurity (Movements between Parts of Australian Territory) Declaration 2016 into a part of Australian territory specified in column 2 of that item.
Division 2—Payment of cost‑recovery charges
108 Time for payment of certain cost‑recovery charges
(1) For paragraph 593(a) of the Act, this section prescribes the time when certain cost‑recovery charges are due and payable.
Fees
(2) 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 due and payable:
(a) if the fee relates to an activity for which the fee can be worked out before the activity is carried out and the amount of the fee is worked out before the activity is carried out—on demand for payment; or
(b) in any other case—by the close of business on the last day for payment of the fee shown on an invoice issued by the Agriculture Department.
(3) If the fee prescribed in relation to an activity referred to in any of items 1 to 24 in the table in subsection 106(1) can be worked out before the activity is carried out:
(a) the activity must not be carried out until the person for whom the activity is to be carried out, or the person’s agent, has been informed of the amount of the fee; and
(b) the activity is not required to be carried out until the fee has been paid.
(4) The fee prescribed in relation to the activity referred to in item 25 in the table in subsection 106(1) is due and payable:
(a) by a single payment; or
(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
(5) A charge imposed by the Biosecurity Charges Imposition (Customs) Act 2015 or the Biosecurity Charges Imposition (General) Act 2015 is due and payable 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.
109 Person liable to pay certain cost‑recovery charges
(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) 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) 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) The persons who are liable to pay the charge in relation to a biosecurity matter prescribed by the table in section 9 of the Biosecurity Charges Imposition (General) Regulation 2016 or the table in section 9 of the Biosecurity Charges Imposition (Customs) Regulation 2016 are as follows:
(a) in relation to the biosecurity matter prescribed by any of items 1, 2 and 4 to 11 in the table:
(i) the owner of the goods to which the charge relates; or
(ii) if the goods to which the charge relates are owned by 2 or more persons—the owners of the goods;
(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;
(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;
(d) in relation to the biosecurity matter prescribed by item 13 in the table—the person who is covered by the approved arrangement to which the charge relates;
(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) For the purposes of paragraph (4)(a), the owner of goods includes the following:
(a) any person being, or holding himself or herself out to be, the owner, importer, exporter or consignee of the goods;
(b) any person having a beneficial interest in the goods;
(c) any person in possession or control of the goods, or having a power of disposition over the goods, other than:
(i) a biosecurity official; or
(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
(iii) any other person who is in possession or control of the goods as authorised under the Act or another Australian law.
110 Late payment fee for certain unpaid cost‑recovery charges
(1) For subsection 595(1) of the Act, this section provides for a late payment fee in relation to certain cost‑recovery charges.
(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) 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) 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).
111 Person 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).
112 Agent’s liability to pay cost‑recovery charge
(1) For subparagraph 593(c)(i) of the Act, an agent of a person who is liable to pay a cost‑recovery charge is jointly and severally liable with that person to pay the charge.
(2) For subparagraph 593(c)(ii) of the Act, if:
(a) an agent of a person who is liable to pay a cost recovery charge pays the charge on behalf of the person; and
(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 3—Compensation
113 Compensation for certain animals destroyed at a post‑entry quarantine facility
(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) This subsection applies to the following animals:
(a) horses;
(b) asses, mules and hinnies;
(c) pigs;
(d) ruminants;
(e) animals brought or imported into Australian territory for the purposes of a zoo or circus;
(f) animals brought or imported into Australian territory by an organisation engaged in scientific research for the purposes of that research.
114 Division 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.
115 Amount of compensation
(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) 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:
(a) the amount that the Director of Biosecurity determines was the market value of the goods immediately before the goods were damaged;
(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) 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) The amount of compensation payable in respect of an animal that:
(a) was not subject to biosecurity control at the time it was destroyed; and
(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) 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:
(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
(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) 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 4—Managing biosecurity risks: Torres Strait
116 References 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).
117 Permanent biosecurity monitoring zones
(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) 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) 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:
(a) from there east along the parallel of Latitude 10°28′S to its intersection with the meridian of Longitude 143°00′E; and
(b) from there south along that meridian to its intersection with the parallel of Latitude 10°47′S; and
(c) from there west along that parallel to its intersection with the meridian of Longitude 142°46′E; and
(d) from there north‑westerly along the geodesic to the point of Latitude 10°36′S, Longitude 142°27′E; and
(e) from there south‑westerly along the geodesic to the point of Latitude 10°52′S, Longitude 142°10′E; and
(f) from there west along the parallel of Latitude 10°52′S to its intersection with the meridian of Longitude 142°00′E; and
(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).
118 Exemptions 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.
119 Exemptions for Torres Strait treaty
(1) This section applies in relation to the following:
(a) all protected zone vessels;
(b) all persons on board a protected zone vessel;
(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) For subsection 617(1) of the Act, the vessels, persons and goods are exempt from the following provisions of the Act:
(a) Division 3 of Part 1 of Chapter 3 (notice of goods to be unloaded in Australian territory);
(b) section 145 (goods not to be unloaded except at first point of entry);
(c) Division 8 of Part 1 of Chapter 3 (reporting biosecurity incidents);
(d) Division 3 of Part 2 of Chapter 4 (pre‑arrival reporting by operator of vessel);
(e) section 220 (requirement to give biosecurity information to persons on board vessel);
(f) section 221 (requirements relating to quarantine signal);
(g) section 245 (vessel to be moored at first point of entry);
(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).
120 Protected 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:
(a) from there west along the parallel of Latitude 10°30′S to its intersection with the meridian of Longitude 141°20′E; and
(b) from there north along that meridian to its intersection with the parallel of Latitude 10°28′S; and
(c) from there east along that parallel to its intersection with the meridian of Longitude 144°10′E; and
(d) from there south along that meridian to the point of commencement.
Endnotes
Endnote 1—About 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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation 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 3—Legislation 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) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Chapter 1 | |
| Part 1 | |
| s 2............................................. | rep LA s 48D |
| Part 2 | |
| s 5............................................. | am F2017L00571 |
| 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 9 | |
| Part 4 | |
| s 117......................................... | ed C1 |
| s 120......................................... | ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subsection 117(3) and section 120
Kind of editorial change
Change the way of referring to or expressing a measurement
Details of editorial change
Subsection 117(3) and section 120 refer to latitude and longitude.
This compilation was editorially changed to omit all references to “ South” and “ East” in subsection 117(3) and section 120 and substitute “S” and “E” respectively to bring them into line with legislative drafting practice.
0
0
0