Agriculture Legislation Amendment (Streamlining Administration) Act 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2021A00016 In force Act

Legislation content

 

 

 

 

 

 

Agriculture Legislation Amendment (Streamlining Administration) Act 2021

 

No. 16, 2021

 

 

 

 

 

An Act to amend laws relating to biosecurity and imported food to provide for streamlined administration through automated decision‑making, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Biosecurity Act 2015

Imported Food Control Act 1992

 

 

 

Agriculture Legislation Amendment (Streamlining Administration) Act 2021

No. 16, 2021

 

 

 

An Act to amend laws relating to biosecurity and imported food to provide for streamlined administration through automated decision‑making, and for related purposes

[Assented to 1 March 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Agriculture Legislation Amendment (Streamlining Administration) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

2 March 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Biosecurity Act 2015

1  After section 541

Insert:

541A  Power to arrange for certain decisions to be made by computer programs

 (1) The Director of Biosecurity may arrange for the use, under the Director of Biosecurity’s control, of computer programs for any purposes for which a biosecurity officer may or must:

 (a) make a decision under a relevant provision of this Act specified in a determination made under subsection (2); or

 (b) exercise any power or comply with any obligation related to making a decision referred to in paragraph (a); or

 (c) do anything else related to making a decision referred to in paragraph (a), or related to exercising a power or complying with an obligation referred to in paragraph (b).

Note: For relevant provision, see subsection (9).

 (2) The Director of Biosecurity may, by legislative instrument, determine:

 (a) each relevant provision of this Act under which a decision may be made by the operation of a computer program under an arrangement made under subsection (1); and

 (b) the classes of persons that may use a computer program under such an arrangement for any purposes referred to in subsection (1); and

 (c) the conditions of that use.

Note: For variation and revocation of a determination made under this section, see subsection 33(3) of the Acts Interpretation Act 1901.

 (3) The Director of Biosecurity must take reasonable steps to ensure that decisions (electronic decisions) made by the operation of a computer program under an arrangement made under subsection (1) are consistent with the objects of this Act.

 (4) The Director of Biosecurity must take reasonable steps to ensure that an electronic decision is based on grounds on the basis of which a biosecurity officer could have made that decision. However, an electronic decision may be made without any state of mind being formed in relation to a matter to which the decision relates.

 (5) The Director of Biosecurity is taken to have:

 (a) made a decision; or

 (b) exercised a power or complied with an obligation; or

 (c) done something else related to the making of a decision or exercise of a power or compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1), as if the Director of Biosecurity were a biosecurity officer.

 (6) A decision that the Director of Biosecurity is taken to have made because of subsection (5) is not a decision made by the Director of Biosecurity personally for the purposes of section 576 or 578.

Note: Sections 576 and 578 deal with review of decisions.

 (7) A biosecurity officer may make a decision in substitution for an electronic decision if a biosecurity officer is satisfied that:

 (a) the electronic decision is not consistent with the objects of this Act; or

 (b) another decision is more appropriate in the circumstances.

 (8) An electronic decision made in relation to a thing is of no effect to the extent that it is inconsistent with an earlier decision (other than an electronic decision) made in relation to the thing by a biosecurity officer or the Director of Biosecurity under this Act.

 (9) For the purposes of this section, each of the following is a relevant provision of this Act:

 (a) subsections 49(4) and (5) (negative pratique);

 (b) a provision of Chapter 3 (managing biosecurity risks: goods) (other than section 154, subsection 157(1) or paragraph 162(1)(a));

 (c) a provision of Chapter 4 (managing biosecurity risks: conveyances) (other than subsection 192(6), paragraph 218(1)(a) or section 223 or 229);

 (d) a provision of Chapter 5 (ballast water and sediment) (other than section 280 or 303);

 (e) section 557 (permission to engage in certain conduct);

 (f) sections 600 and 602 (withholding goods that are subject to charge);

 (g) a provision of an instrument made for the purposes of a provision covered by any of paragraphs (a) to (f) of this subsection.

2  Subsection 542(3) (heading)

After “Powers”, insert “and functions”.

3  Subsection 542(3)

After “However, a power”, insert “or a function”.

4  Subsection 542(3) (table heading)

After “Powers”, insert “and functions”.

5  Subsection 542(3) (table, heading to column headed “Power”)

Repeal the heading, substitute:

 Powers and functions

6  Subsection 542(3) (after table item 26)

Insert:

 

26A

To arrange for the use of computer programs for purposes related to making certain decisions under this Act and any other power or function conferred by section 541A

Section 541A

7  Subsection 576(1) (at the end of the note)

Add “A decision that the Director of Biosecurity is taken to have made because of subsection 541A(5) is not a decision made by the Director of Biosecurity personally (see subsection 541A(6)).”.

8  Subsection 578(1) (note)

Omit “Note”, substitute “Note 1”.

9  At the end of subsection 578(1) (after the note)

Add:

Note 2: A decision that the Director of Biosecurity is taken to have made because of subsection 541A(5) is not a decision made by the Director of Biosecurity personally (see subsection 541A(6)).

Imported Food Control Act 1992

10  At the end of section 7A

Add:

• Decisions in relation to the issue of food control certificates and imported food inspection advices and the manner for dealing with food that has been identified as failing food may be made by computer programs.

11  At the end of Part 2

Add:

Division 4—Other matters

20A  Computerised decision‑making

 (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which an authorised officer may or must:

 (a) make a decision under section 12, subsection 14(1) or subsection 20(2), (3) or (4); or

 (b) exercise any power or comply with any obligation related to making a decision referred to in paragraph (a); or

 (c) do anything else related to making a decision referred to in paragraph (a), or related to exercising a power or complying with an obligation referred to in paragraph (b).

 (2) The Secretary is taken to have:

 (a) made a decision; or

 (b) exercised a power or complied with an obligation; or

 (c) done something else related to the making of a decision or exercise of a power or compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

 (3) The Secretary must take reasonable steps to ensure that decisions (electronic decisions) made by the operation of a computer program under an arrangement made under subsection (1) are consistent with the object of this Act.

 (4) The Secretary must take reasonable steps to ensure that an electronic decision is based on grounds on the basis of which an authorised officer could have made that decision. However, an electronic decision may be made without any state of mind being formed in relation to a matter to which the decision relates.

 (5) An authorised officer may make a decision in substitution for an electronic decision if an authorised officer is satisfied that:

 (a) the electronic decision is not consistent with the object of this Act; or

 (b) another decision is more appropriate in the circumstances.

 (6) An electronic decision made in relation to food is of no effect to the extent that it is inconsistent with an earlier decision (other than an electronic decision) made in relation to the food by an authorised officer under this Act.

12  Section 41

Before “The Secretary”, insert “(1)”.

13  Section 41

Omit “The Secretary”, substitute “Subject to subsection (2), the Secretary”.

14 At the end of section 41

Add:

 (2) The Secretary may delegate the Secretary’s powers and functions under section 20A only to an SES employee, or an acting SES employee, in the Department.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 2 December 2019

House of Representatives on 17 February 2021]

 

(220/19)

 

Overview

The Agriculture Legislation Amendment (Streamlining Administration) Act 2021, enacted by the Parliament of Australia, was introduced to address the need for streamlined administration of biosecurity and imported food regulations through automated decision-making. The Act seeks to enhance efficiency and consistency in decision-making processes within the biosecurity and imported food sectors by allowing for the use of computer programs to make certain decisions, thereby reducing the administrative burden on human officers and potentially expediting processes. This legislative amendment provides for the delegation of specific decision-making functions to computer programs under the control of the Director of Biosecurity and the Secretary, while ensuring that these automated decisions remain consistent with the objectives of the respective Acts. The Act amends the Biosecurity Act 2015 and the Imported Food Control Act 1992 to introduce provisions allowing for the use of computer programs to make decisions in specified areas, such as negative pratique, managing biosecurity risks associated with goods and conveyances, and decisions related to the issuance of food control certificates and imported food inspection advices. This change aims to facilitate more efficient and consistent administration by leveraging technology, ultimately supporting the overarching policy objective of improving the effectiveness and responsiveness of biosecurity and food safety regulations.

Scope and Application

The Agriculture Legislation Amendment (Streamlining Administration) Act 2021 applies to the Director of Biosecurity and authorised officers under the Biosecurity Act 2015 and the Imported Food Control Act 1992. This Act facilitates the use of automated decision-making for specific biosecurity and imported food-related functions, aiming to streamline administrative processes and enhance efficiency. The Act allows for decisions related to negative pratique, managing biosecurity risks for goods and conveyances, ballast water and sediment, permission to engage in certain conduct, and withholding goods that are subject to charge to be made by computer programs under the control of the Director of Biosecurity. Similarly, decisions in relation to the issue of food control certificates, imported food inspection advices, and the manner for dealing with food that has been identified as failing food can be made by computer programs under the control of the Secretary. The application of this Act is nationwide as it amends Commonwealth legislation. There are no explicit exclusions, exemptions, or thresholds specified in the Act, but it does provide mechanisms for manual review and override of automated decisions where necessary. The scope of the Act may be further defined through subordinate instruments, which could specify the types of decisions eligible for automation, the classes of persons authorised to use such computer programs, and the conditions of their use.

Key Provisions

The Agriculture Legislation Amendment (Streamlining Administration) Act 2021 introduces significant changes to the Biosecurity Act 2015 and the Imported Food Control Act 1992. Key sections include the introduction of provisions that allow for the use of automated decision-making systems. Specifically, section 541A of the Biosecurity Act 2015 enables the Director of Biosecurity to arrange for computer programs to make decisions in certain circumstances, as determined by a legislative instrument. Similarly, section 20A of the Imported Food Control Act 1992 allows the Secretary to use computer programs for making decisions related to food control certificates and inspections. These provisions are designed to streamline administration and ensure decisions are made efficiently and consistently. Entities governed by these Acts, such as the Director of Biosecurity and the Secretary, must ensure that decisions made by computer programs align with the objects of the respective Acts. For example, the Director of Biosecurity must take reasonable steps to ensure that electronic decisions are consistent with the Act’s objectives, and similarly, the Secretary must ensure that decisions made by computer programs are based on grounds that would justify a human decision-maker’s action. Additionally, authorised officers retain the ability to override electronic decisions if they are not consistent with the Act's objectives or if another decision is more appropriate. Failure to comply with the requirements set out in the Act may result in consequences, although the specific offences and penalties are not detailed within the provided text. However, it is clear that decisions made by computer programs must be consistent with the Act’s objectives, and there are provisions for human oversight to ensure that electronic decisions align with the Act's requirements. The Act also includes provisions for review and substitution of electronic decisions by authorised officers if necessary.

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Area of Law
Environmental Law
Technology Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Automated Decision-Making

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.