Biosecurity Amendment (Strengthening Penalties) Act 2021
No. 58, 2021
An Act to amend the Biosecurity Act 2015, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Biosecurity Act 2015
Biosecurity Amendment (Strengthening Penalties) Act 2021
No. 58, 2021
An Act to amend the Biosecurity Act 2015, and for related purposes
[Assented to 29 June 2021]
The Parliament of Australia enacts:
1 Short title
This Act is the Biosecurity Amendment (Strengthening Penalties) 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. | 30 June 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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Amendments of listed provisions—offences and civil penalty provisions
The provisions listed in the following table are amended as set out in the table.
Amendments relating to offences and civil penalty provisions |
Item | Provision | Omit | Substitute |
1 | Subsection 124(2) (penalty) | 120 | 300 |
2 | Subsection 125(4) (penalty) | 120 | 300 |
3 | Subsection 126(2) (penalty) | 120 | 300 |
4 | Subsection 127(3) (penalty) | 120 | 300 |
5 | Subsection 128(2) (penalty) | 120 | 300 |
6 | Subsection 129(2) (penalty) | 120 | 300 |
7 | Subsection 130(2) (penalty) | 120 | 300 |
8 | Subsection 139(3) (penalty) | 120 | 300 |
9 | Subsection 140(2) (penalty) | 300 | 1,000 |
10 | Subsection 140(3) (penalty) | 120 | 300 |
11 | Subsection 141(3) (penalty) | 300 | 1,000 |
12 | Subsection 141(4) (penalty) | 120 | 300 |
13 | Subsection 185(2) (penalty) | 300 | 1,000 |
14 | Subsection 185(3) (penalty) | 120 | 1,000 |
15 | Subsection 185(4) (penalty) | 2,000 | 5,000 |
16 | Subsection 185(5) (penalty) | 600 | 2,000 |
17 | Subsection 186(2) (penalty) | 300 | 1,000 |
18 | Subsection 186(3) (penalty) | 120 | 1,000 |
19 | Subsection 186(4) (penalty) | 2,000 | 5,000 |
20 | Subsection 186(5) (penalty) | 600 | 2,000 |
21 | Subsection 187(1) (penalty) | 300 | 1,000 |
22 | Subsection 187(2) (penalty) | 120 | 1,000 |
23 | Subsection 187(3) (penalty) | 300 | 1,000 |
24 | Subsection 187(4) (penalty) | 120 | 1,000 |
25 | Subsection 428(2) (penalty) | 300 | 1,000 |
26 | Subsection 428(3) (penalty) | 120 | 1,000 |
27 | Subsection 429(5) (penalty) | 300 | 1,000 |
28 | Subsection 429(6) (penalty) | 120 | 1,000 |
2 Application of amendments
The amendments made by item 1 of this Schedule apply in relation to conduct engaged in on or after the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 18 February 2021
Senate on 21 June 2021]
Overview
The Biosecurity Amendment (Strengthening Penalties) Act 2021, enacted by the Parliament of Australia and assented to on 29 June 2021, serves to amend the Biosecurity Act 2015 by introducing more stringent penalties for certain offences and civil penalty provisions. This legislative update aims to strengthen the deterrent effect of penalties, thereby reinforcing the enforcement of biosecurity measures in Australia. The amendments are designed to align penalties with the gravity of the violations, ensuring that penalties are sufficient to discourage non-compliance with biosecurity regulations. This Act came into effect on 30 June 2021, with the amendments applying to conduct engaged in on or after the commencement of the Act.
The policy objective behind this amendment is to enhance the effectiveness of the Biosecurity Act 2015 by ensuring that penalties for breaches are commensurate with the potential harm that could arise from non-compliance. By increasing the financial penalties for various offences and civil penalty provisions, the Act aims to uphold the integrity of Australia's biosecurity system, protecting the country from potential threats to its agriculture, environment, and public health. This legislative change reflects a commitment to maintaining robust biosecurity standards and ensuring that violators face appropriate consequences for their actions.
Scope and Application
The Biosecurity Amendment (Strengthening Penalties) Act 2021 is an Act of the Parliament of Australia designed to amend the Biosecurity Act 2015 by strengthening the penalties associated with various biosecurity offences and civil penalty provisions. The Act applies to conduct engaged in on or after its commencement, which was the day after it received the Royal Assent, specifically 30 June 2021. It applies to persons and entities involved in activities regulated under the Biosecurity Act 2015, which encompasses a wide range of industries including agriculture, fisheries, forestry, and any entities involved in the importation or exportation of goods that could pose biosecurity risks. The amendments affect the penalties for various offences, increasing the monetary fines for breaches, thereby imposing stricter consequences for non-compliance. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, meaning it applies across all states and territories in Australia. There are no specific exclusions or exemptions noted within the Act itself, though the detailed application of these penalties may be further defined through subordinate instruments or regulations. The Act represents a significant legislative update to enhance the deterrent effect of penalties in the biosecurity sector, ensuring stricter enforcement and higher accountability for breaches.
Key Provisions
The Biosecurity Amendment (Strengthening Penalties) Act 2021 amends the Biosecurity Act 2015, primarily by enhancing the penalties for various biosecurity offences and breaches. Specifically, the Act modifies the monetary penalties listed in subsections 124(2), 125(4), 126(2), 127(3), 128(2), 129(2), 130(2), 139(3), 140(2), 140(3), 141(3), 141(4), 185(2), 185(3), 185(4), 185(5), 186(2), 186(3), 186(4), 186(5), 187(1), 187(2), 187(3), 187(4), 428(2), 428(3), 429(5), and 429(6) of the Biosecurity Act 2015, increasing the penalties from 120 to 120300 penalty units and in some cases up to 5000 penalty units. The amendments apply to conduct engaged in on or after the commencement of this item, which is the day after this Act receives the Royal Assent, i.e., 30 June 2021.
The Act imposes significant obligations on entities and individuals who engage in activities that may pose a biosecurity risk. It requires them to comply with the enhanced penalties for breaches, ensuring they are aware of and adhere to the new legislative standards. This includes entities involved in the importation and exportation of goods, as well as those responsible for maintaining biosecurity measures within Australia. The strengthened penalties aim to deter non-compliance and ensure that biosecurity risks are effectively managed.
Breaches of the amended provisions can lead to severe penalties, both civil and criminal. For instance, subsection 185(4) of the Biosecurity Act 2015 now carries a penalty of up to 5000 penalty units for serious breaches, which is significantly higher than the previous maximum. Similarly, other subsections carry penalties ranging from 300 to 5000 penalty units, depending on the severity of the offence. These enhanced penalties reflect the seriousness of biosecurity risks and the need for strict enforcement to protect Australia's environment and economy.