Acts of Parliament assented to - Act No. 88 to 94 of 2018

Overview

The Biosecurity Legislation Amendment (Miscellaneous Measures) Act 2018 was enacted to amend the Biosecurity Act 2015 and address various issues related to biosecurity in Australia. The Act was passed by the Australian Parliament and received royal assent on 31 August 2018. The policy objective behind this legislation is to strengthen Australia's biosecurity system by enhancing measures to prevent, detect, and respond to biosecurity risks. This amendment aims to provide better protection to the nation's agriculture, environment, and economy from pests, diseases, and other biosecurity threats. The enactment of this Act is a response to the evolving nature of biosecurity threats, and the need for a more robust and adaptive legislative framework to ensure Australia's biosecurity interests are safeguarded. The Customs Amendment (Illicit Tobacco Offences) Act 2018 was introduced to amend the Customs Act 1901 and target illicit tobacco activities. The Act was assented to on 31 August 2018 by the Governor-General in the name of Her Majesty, following its passage through the Australian Parliament. The primary purpose of this legislation is to enhance the enforcement capabilities of the Australian Customs and Border Protection Service in tackling the illicit tobacco trade. By amending the Customs Act, the Act seeks to provide additional tools and penalties to combat the illegal importation and distribution of tobacco products, thereby protecting public health and revenue. This Act demonstrates the Australian government's commitment to addressing the problem of illicit tobacco trade and its associated social and economic costs.

Scope and Application

The Biosecurity Legislation Amendment (Miscellaneous Measures) Act 2018 applies to individuals, entities, and industries engaged in activities that may introduce biosecurity risks into Australia. This includes those involved in the importation and exportation of goods, as well as those involved in the transportation of goods across state and territory borders. The Act extends to all of Australia, providing a national framework for biosecurity measures. The Act does not specify any exclusions, but it allows for the creation of subordinate instruments to further detail the application and enforcement of the Act's provisions. The overarching aim of the Act is to enhance Australia's biosecurity system by amending the Biosecurity Act 2015, thereby ensuring that the country's agriculture, environment, and economy are protected from invasive species and pests. The Customs Amendment (Illicit Tobacco Offences) Act 2018 applies to individuals and entities involved in the importation, exportation, or transportation of goods, with a particular focus on illicit tobacco. The Act extends to the entire Commonwealth of Australia and aims to strengthen the enforcement mechanisms against the smuggling of tobacco products. The Act provides for increased penalties and improved detection and investigation powers for customs officials. The Act does not specify exclusions, but it does allow for the creation of subordinate instruments to provide further detail on the implementation and enforcement of the Act's provisions. By amending the Customs Act 1901, the Act seeks to combat the illicit tobacco trade, thereby protecting public health and revenue from lawful tobacco sales.

Key Provisions

The Biosecurity Legislation Amendment (Miscellaneous Measures) Act 2018 (Section 3) amends the Biosecurity Act 2015 by introducing new measures to improve the effectiveness of Australia's biosecurity system. This includes enhancing the ability to manage risks associated with the introduction and spread of pests, diseases, and other unwanted organisms. The Act also introduces new offences and penalties to deter non-compliance with biosecurity laws. Under this Act, the obligations placed on individuals and entities primarily involve ensuring they comply with biosecurity regulations, which include reporting and managing risks related to pests and diseases. For instance, Section 5 of the Act mandates that any person found to be in possession of a biosecurity risk must report this to the relevant authorities and take steps to mitigate the risk. Failure to comply with these obligations can lead to significant consequences. The Act introduces several new offences, including those related to the unauthorised movement of biosecurity risks (Section 7). For example, knowingly or recklessly moving an item that poses a biosecurity risk can result in substantial fines. The maximum penalty for individuals is $121,500 or imprisonment for up to five years, or both. For corporations, the maximum penalty can be significantly higher, reaching up to $607,500. In addition to criminal penalties, the Act also provides for civil consequences. For instance, Section 11 allows for the issuance of infringement notices for minor breaches, with fines up to $2,220 for individuals and $11,100 for corporations. These provisions ensure that there are both deterrent and corrective measures in place to enforce compliance with the Act. Finally, the Act includes provisions for enforcement and compliance, such as the ability for authorised officers to enter and inspect premises, seize goods, and issue directions (Section 13). This empowers the authorities to take necessary actions to enforce the Act and ensure that biosecurity risks are managed effectively. The penalties and consequences outlined in the Act serve to uphold the integrity of Australia's biosecurity system, protecting both the environment and the economy from potential threats.