EXPLANATORY STATEMENT
Issued by Authority of the Director of Biosecurity
Biosecurity Act 2015
Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease) Repeal Determination 2024
Legislative Authority
The Biosecurity Act 2015 (the Act) provides the regulatory framework for the management of diseases and pests that may cause harm to human, animal or plant health or the environment.
Part 5 of Chapter 6 of the Act provides for the establishment of biosecurity response zones by the Director of Biosecurity.
Under subsection 365(1) of the Act, the Director of Biosecurity may, by legislative instrument, make a determination that a specified area in Australian territory is a biosecurity response zone if:
- a biosecurity officer suspects, on reasonable grounds, that:
- a disease or pest may be present in or on goods or premises in the area; and
- the disease or pest poses an unacceptable level of biosecurity risk; and
- the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument. As such, the Director of Biosecurity has the power to revoke a Determination made under subsection 365(1) of the Act.
Purpose
The purpose of the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease) Repeal Determination 2024 (the Determination) is to repeal the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease—Relevant Landing Places) Determination 2023 and the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease—Relevant Ports) Determination 2023 (the 2023 Determinations). This is because the biosecurity response zones made under the 2023 Determinations are no longer required for the purposes of managing the biosecurity risk posed by foot and mouth disease (FMD), the disease to which those determinations relate.
Background
FMD is a highly contagious viral disease of mammals that has great potential for causing severe economic loss in susceptible cloven-hoofed animals such as cattle, swine, sheep and goats. FMD can persist in the environment in soil, on equipment used with infected animals and on goods such as clothing and footwear.
In May 2022, an outbreak of FMD was confirmed in Indonesia. FMD is currently present in approximately 70 countries overseas, but in the majority of these countries it is contained through vaccination or other control measures. At the onset of an outbreak in a country previously free from FMD, the biosecurity risk is increased.
A biosecurity response zone to manage FMD risks in relation to relevant landing places was first established on 23 July 2022 through the commencement of the Biosecurity (Foot and Mouth Disease Biosecurity Response Zone) Determination 2022. This determination was amended on 21 October 2022 to extend its period of effect until 30 June 2023. A biosecurity response zone to manage FMD risks in relation to relevant ports was first established on 24 September 2023 through the commencement of the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease – Relevant Ports) Determination 2022. The biosecurity response zone to manage FMD risks in relation to both relevant landing places and ports was extended until 30 June 2024 through the commencement of the 2023 Determinations on 1 July 2023.
Paragraph 366(3)(a) of the Act requires that the period during which a biosecurity response zone determination may be in force must not be longer than the Director of Biosecurity considers necessary to manage the biosecurity risk posed by the disease to which the determination relates.
Since the making of each of the 2023 Determinations, Indonesia has implemented control measures intended to reduce and manage the transmission of FMD, including, but not limited to, herd vaccination and animal movement controls. Due to these FMD control measures, the FMD situation has now stablished in Indonesia, meaning it is comparable to the situation in other countries where FMD is endemic. The biosecurity risks of FMD entering Australia from Indonesia can therefore be adequately managed in the same way the biosecurity risk of FMD is managed for other countries.
For these reasons, the Director of Biosecurity has received information from a biosecurity officer that there are no longer reasonable grounds to suspect that FMD may be present in or on goods or premises and poses an unacceptable level of biosecurity risk in the biosecurity response zones. Having considered this information and in accordance with paragraph 366(3)(a) of the Act, the Director of Biosecurity is satisfied that the biosecurity response zones are no longer necessary to manage the biosecurity risk posed by FMD entering Australian territory through relevant landing places or ports.
Impact and effect
The effect of the Determination will be to repeal the 2023 Determinations, resulting in the relevant landing areas and ports ceasing to be designated as a biosecurity response zone. The biosecurity risk of FMD entering Australia from Indonesia will be managed in the same way that the biosecurity risk of FMD is managed for other countries where FMD is present but controlled through vaccination and other measures.
Consultation
In accordance with section 368 of the Act, the Director of Biosecurity consulted the following heads of the State or Territory bodies responsible for the administration of matters relating to biosecurity in each affected State or Territory:
- The Director General of Primary Industries and Regional Development (Western Australia);
- The Director General of the New South Wales Department of Primary Industries;
- The Director General of the Queensland Department of Agriculture and Fisheries;
- The Deputy Secretary, Agriculture Victoria, Department of Energy, Environment and Climate Action;
- The Chief Executive of the Northern Territory Department of Industry, Tourism and Trade;
- The Chief Executive of the South Australian Department of Primary Industries and Regions; and
- The Secretary of the Tasmanian Department of Natural Resources and Environment.
The Australian Capital Territory does not have a biosecurity response zone to which the 2023 Determinations relate and accordingly there was no requirement to consult the head of the Territory body responsible for these matters. Notwithstanding this, the ACT Executive Group Manager, Climate Change and Energy was consulted on the repeal. The Office of Impact Analysis (OIA) was also consulted in the making of the Determination. The OIA has advised that an Impact Analysis is not required (OIA24-06984).
Details/Operation
The Determination is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
The Determination commences on the day after the instrument is registered.
Details of the Determination are set out in the Attachment.
Other
Subsection 365(4) of the Act provides that a determination under subsection 365(1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act does not apply to the determination.
The exemption from disallowance is set out in primary legislation. The justification for determinations made under subsection 365(1) of the Act to be exempt from disallowance is that, by allowing a biosecurity response zone to be determined for the purpose of managing an identified disease or pest that poses an unacceptable level of biosecurity risk that may be present in or on goods or premises in an area, the government is able to take decisive action necessary to manage the biosecurity risk. Determinations made under subsection 365(1) of the Act, including repeal determinations, implement a scientific and technical assessment to manage biosecurity risks.
As the Determination is exempt from disallowance, this also means that a Statement of Compatibility with Human Rights is not required in accordance with paragraph 15J(2)(f) of the Legislation Act and subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
ATTACHMENT
Details of the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease) Repeal Determination 2024
Part 1 - Preliminary
Section 1 – Name
This section provides that the name of the instrument is the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease) Repeal Determination 2024 (the Determination).
Section 2 – Commencement
This section provides that the Determination commences on the day after the instrument is registered.
Section 3 – Authority
This section provides that the Determination is made under subsection 365(1) of the Biosecurity Act 2015 (the Act).
Section 4 – Schedules
This section provides that the instruments specified in a Schedule to the Determination are amended or repealed as set out in the applicable items in the Schedule.
Schedule 1 – Repeals
Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease— Relevant Landing Places) Determination 2023
Item 1 – The whole of the instrument
This item repeals the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease— Relevant Landing Places) Determination 2023.
The Director of Biosecurity has received information from a biosecurity officer that there are no longer reasonable grounds to suspect that FMD originating from Indonesia may be present in or on goods or premises and poses an unacceptable level of biosecurity risk within the biosecurity response zone.
In accordance with paragraph 366(3)(a) of the Act, a biosecurity response zone determination must not be in force longer than the Director of Biosecurity considers necessary to manage a pest or disease to which the biosecurity response zone determination relates.
The repeal of this determination will mean that the areas of the relevant landing places listed in the determination will no longer be determined to be a biosecurity response zone.
Due to the measures implemented by Indonesia to control the spread of FMD, the FMD situation in Indonesia has stabilised and is comparable to the situation in other countries where FMD is endemic. The biosecurity risk of FMD entering Australia from Indonesia will be managed in accordance with biosecurity procedures currently in place that manage FMD biosecurity risks where FMD is endemic in other countries.
Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease— Relevant Ports) Determination 2023
Item 2 – The whole of the instrument
This item repeals the Biosecurity (Biosecurity Response Zone for Foot and Mouth Disease— Relevant Ports) Determination 2023.
The Director of Biosecurity has received information from a biosecurity officer that there are no longer reasonable grounds to suspect that FMD originating from Indonesia may be present in or on goods or premises and poses an unacceptable level of biosecurity risk within the biosecurity response zone.
In accordance with paragraph 366(3)(a) of the Act, a biosecurity response zone determination must not be in force longer than the Director of Biosecurity considers necessary to manage a pest or disease to which the biosecurity response zone determination relates.
The repeal of this determination will mean that the areas of the relevant ports listed in the determination will no longer be determined to be a biosecurity response zone.
Due to the measures implemented by Indonesia to control the spread of FMD, the FMD situation in Indonesia has stabilised and is comparable to the situation in other countries where FMD is endemic. The biosecurity risk of FMD entering Australia from Indonesia will be managed in accordance with biosecurity procedures currently in place that manage FMD biosecurity risks where FMD is endemic in other countries.