Table Of Contents

Contents (2019 - 22)

1. Short title

2. Commencement

3. Objects of Act

4. Principles for performing functions under this Act

5. Application of Act

6. Extraterritorial operation of Act

7. Act binds Crown

Part 2 - Interpretation

Division 1 - General

8. Interpretation

9. Meaning of biosecurity compendium

10. Meaning of biosecurity event

11. Meaning of biosecurity impact

12. Meaning of biosecurity matter

13. Meaning of carrier

14. Meaning of dealing

15. Meaning of emergency

16. Meaning of pest and invasive pest

17. Meaning of regulated dealing and prohibited dealing

18. Meaning of suitable person

Division 2 - Classification of matter

19. Permitted matter

20. Prohibited matter

21. Restricted matter

22. Form of declaration of matter

23. Minister to consult on declaration

Division 3 - Reasonable suspicion

24. Reasonable suspicion carriers

25. Reasonable suspicion of infection

26. Reasonable suspicion of infestation

Part 3 - Officers

Division 1 - Plant protection officers

27. Chief Plant Protection Officer

28. Deputy Chief Plant Protection Officer

Division 2 - Veterinary officers

29. Chief Veterinary Officer

30. Deputy Chief Veterinary Officer

Division 3 - Authorised officers

31. Authorised officers

32. Functions of authorised officer

33. Identification of authorised officers

Division 4 - Biosecurity auditors

34. Biosecurity auditors

35. Approval of authorised officer to perform functions of biosecurity auditor

36. Entry to premises by biosecurity auditor

37. Use of assistants

Division 5 - Biosecurity certifiers

38. Biosecurity certifier

39. Approval of authorised officer to perform functions of biosecurity certifier

Division 6 - Authorised analysts

40. Authorised analysts

Part 4 - Functions of Authorised Officers

Division 1 - General

41. Authorised purpose

42. Use of assistants

43. Use of dogs

44. Performance of functions in emergency

45. Extraterritorial performance of functions

Division 2 - Information gathering

46. Application of Division

47. Information to be provided

48. Authorised officer may require answer

49. Questions may be recorded

Division 3 - Entry of premises

50. Powers of authorised officers to enter premises

51. Warrants

Division 4 - Investigation and risk management functions

52. Authorised officers may require name and address

53. General functions of authorised officers

54. Requiring assistance

55. Recovery of fee for action taken

Division 5 - Functions in relation to seized things

56. Interpretation

57. Receipt for seized things

58. Return of seized things

59. Certification of inability to return seized thing

60. Court order requiring delivery of seized thing

61. Forfeiture of seized thing

62. Dealing with forfeited things

Division 6 - Limitations on functions

63. Detention or treatment of persons

64. Destruction requirements

65. Notification of proposed destruction

66. Interaction of functions with restrictions imposed by other Acts

Division 7 - General

67. Interference with signs, device, trap, equipment, &c.

68. Self-incrimination

69. Care to be taken by authorised officers

Part 5 - Biosecurity Duties and Dealings

Division 1 - General biosecurity duty

70. General biosecurity duty

71. Failure to comply with general biosecurity duty

72. Specified biosecurity requirements

Division 2 - Notification of biosecurity events

73. Notification of biosecurity event

Division 3 - Dealings

74. Dealing with prohibited matter

75. Dealing with restricted matter

76. Prohibited dealings

77. Regulated dealing

Part 6 - Biosecurity Registration

Division 1 - Preliminary

78. Registration required to engage in regulated dealings

79. Application for biosecurity registration

80. Grant or refusal of biosecurity registration

81. Duration of biosecurity registration

82. Variation of biosecurity registration

Division 2 - Renewal of biosecurity registration

83. Application for renewal of biosecurity registration

84. Grant or refusal of renewal application

Division 3 - Conditions of biosecurity registration

85. Conditions of biosecurity registration

86. Compliance with standards

87. Conditions requiring specified works or measures

88. Conditions imposing alternative arrangements

89. Conditions for insurance cover

90. Conditions requiring biosecurity audits

91. Conditions requiring financial assurances

92. Conditions to take effect later

93. Failure to comply with biosecurity registration condition

Division 4 - Suspension, cancellation or surrender of biosecurity registration

94. Grounds for suspension or cancellation of biosecurity registration

95. Suspension of biosecurity registration

96. Cancellation of biosecurity registration

97. Voluntary surrender of biosecurity registration

98. Effect of suspension, cancellation or surrender on conditions

Part 7 - Permits

Division 1 - Preliminary

99. Relevant decision-maker

100. Types of permit

101. Effect of permit

102. Duration of permit

Division 2 - Individual permits

103. Application for individual permit

104. Grant or refusal of permit

105. Form of individual permit

106. Variation of individual permit

107. Application for renewal of individual permit

108. Grant or refusal of renewal of individual permit

109. Effect of refusal to renew individual permit

Division 3 - Group permit

110. Grant of group permit

111. Form of group permit

112. Variation of group permit

113. Renewal of group permit

Division 4 - Conditions of permit

114. Conditions of permits

115. Conditions relating to insurance

116. Conditions relating to audits

117. Conditions relating to financial assurances

118. Conditions may take effect at any time

119. Failure to comply with permit condition

Division 5 - Suspension, cancellation or surrender of permits generally

120. Grounds for suspending or cancelling individual permit

121. Grounds for suspending or cancelling group permit

122. Suspension of permit

123. Permit holder may make submissions about suspension

124. Cancellation of permit

125. Permit holder may make submissions about cancellation

126. Voluntary surrender of individual permit

127. Effect of suspension, cancellation or surrender on conditions

Part 8 - Biosecurity Zones

128. Biosecurity zones

129. Biosecurity zone measures

130. Failure to comply with biosecurity zone measure

Part 9 - Biosecurity Programs and Agreements

Division 1 - Approved biosecurity programs

131. Preparation of draft biosecurity program

132. Approval of draft biosecurity program

133. Amendment of approved biosecurity program

134. Termination of approved biosecurity program

135. Cost of implementing approved biosecurity program

Division 2 - Government biosecurity programs

136. Government biosecurity program

Division 3 - Biosecurity control agreements

137. Biosecurity control agreement

138. Suspension or revocation of biosecurity control agreement

Part 10 - Biosecurity Certification, Auditing and Accreditation

Division 1 - Accreditation authority

139. Accreditation authority

140. Responsible accreditation authority

Division 2 - Biosecurity audits

Subdivision 1 - Biosecurity audits generally

141. Biosecurity audits

142. Biosecurity audits mandatory in certain circumstances

143. Reporting requirements for biosecurity audit

144. Biosecurity auditor to provide immediate report in certain circumstances

Subdivision 2 - Accreditation audits

145. Accreditation audits

146. Who can require accreditation audits

147. Engagement of auditors

148. Functions of biosecurity auditors accreditation audits

149. Recovery of fee for accreditation audits

Subdivision 3 - Compliance audits

150. Compliance audits

151. Who can require compliance audits

152. Decision to require compliance audits

153. Audit frequency policy

154. Engagement of auditor

155. Functions of biosecurity auditor compliance audit

156. Recovery of fee for compliance audit

157. Use of compliance audit

Division 3 - Biosecurity certificates

158. Biosecurity certificate

159. Recognition of interstate biosecurity certificates

160. Issue or alteration of biosecurity certificate by unauthorised person

161. False biosecurity certificates

162. False representations

Part 11 - Orders, Directions and Undertakings

Division 1 - Emergency orders

163. Emergency orders

164. Duration of emergency order

165. Notice of emergency order generally

166. Notice of emergency order relating to specific property

167. Emergency zones

168. Emergency measures

169. Additional emergency measures

170. Measures which may not be emergency measures

171. Inspection of persons

172. Emergency order prevails

173. Offences

174. Secretary may authorise required actions and recover costs

175. Amendment or revocation of emergency order

176. Protection of emergency actions

Division 2 - Control orders

177. Control orders

178. Content of control orders

179. Notice of control orders generally

180. Notice of control orders relating to specific property

181. Duration of control orders

182. Control zones

183. Control measures

184. Consultation required for control order

185. Measures which may not be control measures

186. Destruction requirements

187. Offence of contravening control measure

188. Secretary may authorise required actions and recover costs

189. Amendment or revocation of control order

Division 3 - Biosecurity directions

190. Types of biosecurity direction

191. General biosecurity direction

192. How general biosecurity direction is given

193. Individual biosecurity directions

194. How individual biosecurity direction is given

195. Special emergency powers inspection and treatment

196. Recovery of costs

197. Taking of required actions and recovery of costs

198. Measures not to be included in biosecurity direction

199. Additional measures not to be included in biosecurity direction

200. Offence not to comply with biosecurity direction

Division 4 - Biosecurity undertakings

201. Authorised officer may accept undertakings

202. Contents of biosecurity undertaking

203. When biosecurity undertaking takes effect

204. Contravention of biosecurity undertaking

205. Fee for biosecurity undertaking

206. Authorised officer may take or authorise required actions and recover costs

207. Order requiring compliance with biosecurity undertaking

208. Withdrawal or variation of biosecurity undertaking

209. Enforcement action not prevented by undertaking

Part 12 - Recovery of Costs and Reimbursements

Division 1 - Recovery of certain costs

210. Recoverable amounts

211. Cost recovery orders

212. Form of cost recovery orders

213. Interest on cost recovery orders

214. Change in payment of cost recovery orders

215. Recovery of recoverable amounts

216. Registration of cost recovery orders as charge on land

217. Power to delegate functions under this Division

Division 2 - Reimbursements

218. Eligibility for reimbursements

219. Claims for reimbursement

220. Amount of reimbursement

221. Determination of value

222. Reimbursements may be withheld

223. Payment of reimbursements

224. Recovery of reimbursement

225. Offence to make false claim

Part 13 - Offences

226. Failure to comply with requirement

227. Obstructing authorised officer or biosecurity auditor

228. Assaulting authorised officer or biosecurity auditor

229. Impersonating officials

230. False or misleading information

Part 14 - Legal Proceedings

Division 1 - Offences generally

231. Infringement notices

232. Continuing offence

233. Offences by employers

234. Offences by bodies corporate

235. Offences by employees or agents

236. Proceedings for offences

237. Presumption of state of mind

Division 2 - Evidentiary provisions

238. Evidentiary certificates

239. Evidence of allegation

240. Evidence of authorised analyst

241. Evidence as to state of mind of corporation

242. Evidence of publication of instruments on website

243. Evidence of part to be evidence of whole

Division 3 - Defences, etc.

244. Defence of due diligence

245. Defence of lawful excuse

246. Actions done under direction of authorised officers

247. Burden of proof in certain circumstances

Division 4 - Court orders

248. Orders generally

249. Orders for restoration and prevention

250. Orders regarding costs and expenses of investigation

251. Prohibition orders

252. Publication order

253. Recovery from court of competent jurisdiction of costs, expenses and compensation after offence proved

254. Forfeiture

255. Failure to comply with orders

Division 5 - Appeals

256. Appeals generally

257. Appeals relating to accreditation authorities

258. Appeals relating to biosecurity auditors

259. Appeals relating to permits

260. Appeals relating to biosecurity registrations

261. Appeals relating to accreditations

262. Appeals relating to cost recovery orders

263. Appeals relating to individual biosecurity directions

264. Appeals relating to reimbursements

Part 15 - Miscellaneous

265. Delegation

266. Authorisations non-transferrable

267. Biosecurity Advisory Committee

268. Protection from liability

269. Planning and other requirements in relation to authorised actions excluded

270. Disclosure of information

271. Collection, use and disclosure of information

272. Cruelty to animals not authorised

273. Requirements may continue to have effect

274. Service of notices and other documents

275. Description of land in notices and other instruments

276. Exemptions

277. Waiver and refund of fees and other amounts

278. Application of Personal Property Securities Act 2009 of the Commonwealth

279. Immunity

280. Orders, notices, &c., not statutory rules

281. Regulations

282. Legislation repealed, rescinded and revoked

283. Administration of Act

Schedule 1 - Administrative authorities

Part 1 - Preliminary

Part 2 - Applications

Division 1 - Applications for approval, &c.

Division 2 - Application for renewal of relevant authorisation

Part 3 - Conditions

Part 4 - Suspension or cancellation of relevant authorisation

Schedule 2 - Biosecurity Advisory Committee

Part 1 - Preliminary

Part 2 - Membership

Part 3 - Meetings

Schedule 3 - Legislation Repealed, Rescinded and Revoked

Part 1 - Animal (Brands and Movement)

Part 2 - Animal Farming (Registration)

Part 3 - Animal Health

Part 4 - Plant Quarantine

Part 5 - Seeds

Part 6 - Vermin

Part 7 - Weed Management

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Biosecurity Act 2019

Version current from 5 November 2021 to 16 May 2023 (accessed 16 April 2025 at 10:39)

Status Information

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Version current from 5 November 2021 to 16 May 2023 (accessed 16 April 2025 at 10:39)

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Table of Amending Instruments

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File last modified 19 May 2023

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