Australia published two amended documents on the Biosecurity Act

The Australian Government has recently published two amended documents on the Biosecurity Act.

Biosecurity Act 2015 - Compilation

Compilation No. 15 (No. 61, 2015) was published on 8 June 2023 and is in force from 5 June 2023. It includes amendments up to: Act No. 76, 2022.

Sumamry

This Act is about managing diseases and pests that may cause harm to human, animal or plant health or the environment.

Chapter 1 includes preliminary provisions (such as the extension of this Act to external Territories, and the relationship of this Act with other Australian laws). It also includes the definitions for this Act, provisions that relate to the Constitution and international law, and principles affecting decisions to exercise certain powers under this Act.

Chapter 2 deals with managing risks to human health. That Chapter mainly deals with diseases (listed human diseases) that are listed in a legislative instrument. The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease. However, Chapter 2 also includes requirements in relation to persons entering or leaving Australian territory, and rules relating to managing deceased individuals.

Chapter 3 deals with managing biosecurity risks in relation to goods that are brought into Australian territory from outside Australian territory. These goods become subject to biosecurity control when the aircraft or vessel carrying the goods enters Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with the goods, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Chapter 3 also provides a mechanism for prohibiting certain goods from being brought or imported into Australian territory, either absolutely or subject to conditions, and includes provisions dealing with biosecurity import risk analyses and import permits.

Chapter 4 deals with managing biosecurity risks in relation to aircraft and vessels that enter Australian territory from outside Australian territory, including by controlling the places where they can land or be moored and their movement while they are in Australian territory. These conveyances become subject to biosecurity control when they enter Australian territory. Powers may be exercised to assess the level of biosecurity risk associated with them, and biosecurity measures may be required to reduce that risk if it is considered to be unacceptable. Requirements may also be determined for persons entering Australian territory on an incoming conveyance, in connection with diseases and pests that are considered to pose an unacceptable level of biosecurity risk. Chapter 4 also provides for a scheme to deal with ship sanitation for the purposes of the International Health Regulations.

Chapter 5 implements the Ballast Water Convention and regulates the ballast water and sediment of certain vessels in accordance with the United Nations Convention on the Law of the Sea. It requires reporting of intended or actual discharges of ballast water in Australian territorial seas. Discharging ballast water is an offence, subject to a range of exceptions, and there is an offence of disposing of sediment. For an Australian vessel, these offences apply whether the vessel is in or outside Australian seas. For a foreign vessel, the offences apply only if the vessel is in Australian seas. The definition of Australian seas depends on whether the Administration of the foreign vessel is a party to the Ballast Water Convention. The Chapter also includes provisions for ballast water management plans and certificates, record-keeping obligations, and powers to ensure compliance.

Chapter 6 deals with managing biosecurity risks (other than those covered by Chapter 3 or 4) posed by diseases or pests that may be in or on goods or premises in Australian territory. The Chapter provides for powers to be exercised to monitor, respond to, and control those risks.

Chapter 7 provides for arrangements to be approved authorizing and requiring biosecurity industry participants to carry out biosecurity activities to manage biosecurity risks associated with goods, premises, or other things for the purposes of this Act.

Chapter 8 provides for the Governor-General to declare biosecurity emergencies and human biosecurity emergencies. Part 1 gives the Agriculture Minister special powers to deal with biosecurity emergencies and provides for certain powers to be delegated to national response agencies. Part 1 also includes other modifications of the Act that apply during biosecurity emergencies. Part 2 gives the Health Minister special powers to deal with human biosecurity emergencies, including by giving effect to recommendations of the World Health Organization.

Chapter 9 gives officers powers to ensure people are complying with this Act, to investigate non-compliance, and to enforce this Act by means such as civil penalties, infringement notices, enforceable undertakings, and injunctions. In many cases, this is done by applying the Regulatory Powers Act. The Chapter also provides for warrants for officers to enter premises and exercise powers for some other purposes relating to biosecurity, as well as powers for officers to enter premises and exercise powers there without a warrant or consent in some limited cases. Officers have certain obligations relating to their entry to premises (with or without a warrant or consent), and occupiers of premises have certain rights relating to the activities of officers on their premises. The Chapter also includes other provisions relevant to ensuring compliance with this Act, such as how to determine whether a person is a fit and proper person.

Chapter 10 deals with matters relating to governance and officials. It includes provisions relating to the functions and powers of the Director of Biosecurity, the Director of Human Biosecurity, biosecurity officers, biosecurity enforcement officers, chief human biosecurity officers, and human biosecurity officers.

Chapter 11 includes miscellaneous provisions, dealing with matters such as:

• (a) review of reviewable decisions under this Act; and
• (b) managing information obtained or generated under this Act; and
• (c) recovering costs under this Act; and
• (ca) arrangements and grants for dealing with risks posed by diseases or pests; and
• (d) abandoned or forfeited goods and conveyances; and
• (e) modification of this Act in relation to certain movements of persons, goods, and conveyances.

Objects

The objects of this Act are the following:

(a) to provide for managing the following:

• (i) biosecurity risks;
• (ii) the risk of contagion of a listed human disease or any other infectious human disease;
• (iii) the risk of listed human diseases or any other infectious human diseases entering Australian territory or a part of Australian territory, or emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;
• (iv) risks related to ballast water;
• (v) biosecurity emergencies and human biosecurity emergencies;

(b) to give effect to Australia's international rights and obligations, including under the International Health Regulations, the SPS Agreement, the Ballast Water Convention, the United Nations Convention on the Law of the Sea, and the Biodiversity Convention.

Biosecurity (Human Health) Regulation 2016 - Compilation

Compilation No. 3 (F2018C00742) was published on 21 June 2023 and is effective from 6 June 2023. It includes amendments up to F2023L00701.

The Biosecurity (Human Health) Regulation 2016 is made under the Biosecurity Act 2015 (more below).

For more information, please see the documents below (available only to subscribers):

Biosecurity Act

Biosecurity (Human Health) Regulation 2016