Prepared by the Office of Parliamentary Counsel, Canberra
Biosecurity (Consequential Amendments
and Transitional Provisions) Act 2015
No. 62, 2015
Compilation No. 1
Compilation date: 20 September 2017
Includes amendments up to: Act No. 93, 2017
Registered: 27 September 2017
Authorised Version C2017C00318 registered 27/09/2017
About this compilation
This compilation
This is a compilation of the Biosecurity (Consequential Amendments and
Transitional Provisions) Act 2015 that shows the text of the law as amended
and in force on 20 September 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 i
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedules...........................................................................................2
Schedule 1—Repeals 3
Quarantine Act 1908 3
Quarantine Charges (Collection) Act 2014 3
Schedule 2—Consequential amendments 4
Archives Act 1983 4
Australian Postal Corporation Act 1989 4
Biological Control Act 1984 4
Customs Act 1901 4
Customs Administration Act 1985 5
Environment Protection and Biodiversity Conservation Act 1999 5
Fisheries Management Act 1991 7
Freedom of Information Act 1982 7
Imported Food Control Act 1992 7
Industry Research and Development Act 1986 8
Maritime Powers Act 2013 8
Maritime Transport and Offshore Facilities Security Act 2003 8
Migration Act 1958 9
National Health Act 1953 9
National Health Security Act 2007 9
National Residue Survey (Customs) Levy Act 1998 11
Plant Breeder’s Rights Act 1994 11
Primary Industries (Customs) Charges Act 1999 12
Privacy Act 1988 13
Torres Strait Fisheries Act 1984 13
Schedule 3—Transitional provisions commencing on Royal
Assent 14
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Schedule 4—Application, saving and transitional provisions
commencing later 17
Part 1—Preliminary 17
Part 2—Managing biosecurity risks: goods 19
Division 1—Goods brought into Australian territory or otherwise
subject to quarantine 19
Division 2—Import permits 36
Division 3—Prohibited goods 37
Part 3—Managing biosecurity risks: conveyances 39
Part 4—Managing biosecurity risks: monitoring, control and
response 46
Part 5—Co-regulatory approvals and compliance agreements 47
Division 1—Co-regulatory approvals 47
Division 2—Compliance agreements 51
Division 3—General provisions relating to applications 57
Part 6—Emergencies 59
Part 7—Compliance and enforcement 60
Part 8—Governance and officials 62
Part 9—Miscellaneous 67
Division 1—Review of decisions 67
Division 2—Cost recovery 67
Division 3—Miscellaneous 71
Part 10—Regulations 75
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Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
Endnotes 76
Endnote 1—About the endnotes 76
Endnote 2—Abbreviation key 78
Endnote 3—Legislation history 79
Endnote 4—Amendment history 80
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Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 1
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
An Act to deal with consequential and transitional
matters arising from the enactment of the
Biosecurity Act 2015, and for related purposes
1 Short title
This Act may be cited as the Biosecurity (Consequential
Amendments and Transitional Provisions) Act 2015.
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. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent. 16 June 2015
2. Schedules 1
and 2
At the same time as section 3 of the
Biosecurity Act 2015 commences.
16 June 2016
3. Schedule 3 The day this Act receives the Royal Assent. 16 June 2015
4. Schedule 4 At the same time as section 3 of the
Biosecurity Act 2015 commences.
16 June 2016
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.
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2 Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
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.
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Repeals Schedule 1
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 3
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
Schedule 1—Repeals
Quarantine Act 1908
1 The whole of the Act
Repeal the Act.
Quarantine Charges (Collection) Act 2014
2 The whole of the Act
Repeal the Act.
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Schedule 2 Consequential amendments
4 Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
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Schedule 2—Consequential amendments
Archives Act 1983
1 Subsection 3(1) (paragraph (a) of the definition of Commission of inquiry)
After “1908”, insert “(as in force immediately before its repeal)”.
2 Paragraph 22(5)(b)
Repeal the paragraph, substitute:
(b) the Agriculture Minister (within the meaning of the
Biosecurity Act 2015) is taken to be the responsible Minister
in relation to the records of the Commission of inquiry within
the meaning of the Quarantine Act 1908 (as in force
immediately before its repean( � and
Australian Postal Corporation Act 1989
3 Section 90E (paragraph (b) of the definition of compliance agency)
Repeal the paragraph, substitute:
(b) the Agriculture Department (within the meaning of the
Biosecurity Act 2015);
Biological Control Act 1984
4 Paragraph 5(2)(a)
Repeal the paragraph, substitute:
(a) the Biosecurity Act 2015; or
Customs Act 1901
5 Subsection 4(1) (definition of AQIS)
Repeal the definition.
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6 Paragraph 5A(5)(a)
Omit “matters of quarantine”, substitute “biosecurity risks (within the
meaning of the Biosecurity Act 2015)”.
7 Paragraph 5A(5)(b)
Omit “for quarantine purposes”, substitute “for purposes relating to
biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
8 Paragraph 5B(5)(a)
Omit “matters of quarantine”, substitute “biosecurity risks (within the
meaning of the Biosecurity Act 2015)”.
9 Paragraph 5B(5)(b)
Omit “for quarantine purposes”, substitute “for purposes relating to
biosecurity risks (within the meaning of the Biosecurity Act 2015)”.
Customs Administration Act 1985
10 After paragraph 16(9)(h)
Insert:
(ha) a purpose relating to matters covered by the Biosecurity Act
2015;
Environment Protection and Biodiversity Conservation Act
1999
11 Subsection 303EB(6)
Omit “in accordance with the Quarantine Act 1908”, substitute “not
inconsistent with the Biosecurity Act 2015”.
12 Subsection 303EB(11A)
Repeal the subsection, substitute:
(11A) Part 2 of the list is taken to include a live plant that is a CITES
specimen the introduction of which into Australia is not
inconsistent with the Biosecurity Act 2015.
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13 Paragraph 303GV(1)(b)
Repeal the paragraph, substitute:
(b) the Biosecurity Act 2015;
14 Subsection 303GV(3)
Omit “Quarantine Act 1908”, substitute “Biosecurity Act 2015”.
15 Paragraph 303GW(5)(a)
Omit “Director of Animal and Plant Quarantine”, substitute “Director of
Biosecurity”.
16 Subsection 303GW(6)
Omit “Quarantine Act 1908”, substitute “Biosecurity Act 2015”.
17 Subsection 303GW(6)
Before “subject to quarantine”, insert “subject to biosecurity control
under the Biosecurity Act 2015 or”.
18 Paragraphs 397(3)(c) and (d)
Repeal the paragraphs, substitute:
(c) each biosecurity officer (within the meaning of the
Biosecurity Act 2015).
19 Paragraph 524(3)(g)
Repeal the paragraph, substitute:
(g) the Biosecurity Act 2015;
20 Section 528
Insert:
Director of Biosecurity has the same meaning as in the Biosecurity
Act 2015.
21 Section 528 (definition of disease)
Repeal the definition.
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Fisheries Management Act 1991
22 Paragraph 106D(1)(b)
Omit “safety, public health or quarantine”, substitute “safety or public
health”.
23 After paragraph 106D(1)(b)
Insert:
(ba) the boat poses an unacceptable level of biosecurity risk
(within the meaning of the Biosecurity Act 2015); or
Freedom of Information Act 1982
24 Subsection 4(1) (paragraph (a) of the definition of Commission of inquiry)
After “1908”, insert “(as in force immediately before its repeal)”.
25 Paragraph 13(3)(b)
Repeal the paragraph, substitute:
(b) records of the Commission of inquiry (within the meaning of
the Quarantine Act 1908, as in force immediately before its
repeal) that are in the custody of the Australian Archives are,
for the purposes of this Act, taken to be documents of an
agency and to be in the possession of the Agriculture
Department (within the meaning of the Biosecurity Act
2015); and
Imported Food Control Act 1992
26 Paragraph 6(a)
Repeal the paragraph, substitute:
(a) the Biosecurity Act 2015; or
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Industry Research and Development Act 1986
27 Paragraph 28D(4)(b)
After “contravene”, insert “the Biosecurity Act 2015 or”.
Maritime Powers Act 2013
28 Paragraph 91(2)(c)
Omit “quarantine,”.
29 After paragraph 91(2)(c)
Insert:
(ca) the thing poses an unacceptable level of biosecurity risk
(within the meaning of the Biosecurity Act 2015); or
Maritime Transport and Offshore Facilities Security Act
2003
30 Section 10
Insert:
biosecurity officer has the same meaning as in the Biosecurity Act
2015.
31 Section 10 (definition of quarantine officer)
Repeal the definition.
32 Paragraph 146(e)
Omit “quarantine officers”, substitute “biosecurity officers”.
33 Paragraph 147(1)(e)
Omit “quarantine officer”, substitute “biosecurity officer”.
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Migration Act 1958
34 Subparagraph 488(2)(a)(iv)
After “relating to”, insert “biosecurity risks (within the meaning of the
Biosecurity Act 2015),”.
35 Paragraph 488(2)(d)
Repeal the paragraph, substitute:
(d) authorise a biosecurity officer (within the meaning of the
Biosecurity Act 2015) to perform for the purposes of a law
relating to biosecurity risks (within the meaning of that Act),
or a law relating to quarantine or health, one or more of those
actions; or
National Health Act 1953
36 Subsection 9B(10)
Omit “conferred on the Minister by the Quarantine Act 1908”,
substitute “that may be exercised by the Minister under the Biosecurity
Act 2015”.
National Health Security Act 2007
37 Subsection 3(1)
Insert:
Australian territory has the meaning given by section 12 of the
Biosecurity Act 2015.
listed human disease has the meaning given by section 42 of the
Biosecurity Act 2015.
38 Subsection 3(1) (paragraph (a) of the definition of public health event of national significance)
After “cases”, insert “or potential cases”.
39 At the end of section 8
Add:
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; (e) preventing, or reducing the possibility of, a listed human
disease entering, or emerging, establishing itself or spreading
in, Australian territory or a part of Australian territory;
(f) preventing a listed human disease from spreading to another
country.
40 Division 6 of Part 2 (heading)
Repeal the heading, substitute:
Division 6—Notification, sharing information and liaising
in relation to public health events of national
significance and listed human diseases
41 Section 13 (heading)
Repeal the heading, substitute:
13 Notification, sharing information and liaising in relation to public
health events of national significance and listed human
diseases
42 At the end of section 13
Add:
Cases of listed human diseases
(5) The Minister may take action under subsection (6) if:
(a) a responsible Commonwealth, State or Territory body gives
the National Focal Point information relating to one or more
cases or potential cases of a listed human disease; or
(b) the Minister considers that it is appropriate to take action
under subsection (6) for a permissible purpose referred to in
paragraph 8(e) or (f).
(6) The Minister may:
(a) notify any responsible Commonwealth, State or Territory
body that is affected, or might be affected, by the case or
potential case of the listed human disease; and
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(b) give such bodies any relevant information that is available to
the Minister in relation to the case or potential case of the
listed human disease; and
(c) liaise with such bodies in relation to the case or the potential
case of the listed human disease.
National Residue Survey (Customs) Levy Act 1998
43 Paragraph 2(2)(b) of Schedule 2
Omit “longest”, substitute “longer”.
44 Subparagraph 2(2)(b)(ii) of Schedule 2
Repeal the subparagraph.
45 Paragraph 2(2)(b) of Schedule 5
Omit “longest”, substitute “longer”.
46 Subparagraph 2(2)(b)(ii) of Schedule 5
Repeal the subparagraph.
Plant Breeder’s Rights Act 1994
47 Subsection 3(1)
Insert:
biosecurity control order has the same meaning as in the
Biosecurity Act 2015.
biosecurity response zone has the same meaning as in the
Biosecurity Act 2015.
biosecurity response zone determination has the same meaning as
in the Biosecurity Act 2015.
release from biosecurity control has the same meaning as in the
Biosecurity Act 2015.
subject to biosecurity control has the same meaning as in the
Biosecurity Act 2015.
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48 Subsection 34(7)
Repeal the subsection, substitute:
(7) Subsection (6) does not apply to an applicant if, when the
examination fee would become payable apart from this subsection:
(a) the plant variety to which the application relates is subject to
biosecurity control; or
(b) a biosecurity control order is in force in relation to the plant
variety to which the application relates; or
(c) a biosecurity response zone determination is in force and the
plant variety to which the application relates is in the
biosecurity response zone.
(8) If subsection (7) applies, the applicant must pay the prescribed
examination fee within 12 months after (as the case requires):
(a) the plant variety is released from biosecurity control; or
(b) the biosecurity control order ceases to be in force in relation
to the plant variety; or
(c) the biosecurity response zone determination ceases to be in
force.
Primary Industries (Customs) Charges Act 1999
49 Paragraph 2(2)(b) of Schedule 3
Omit “longest”, substitute “longer”.
50 Subparagraph 2(2)(b)(ii) of Schedule 3
Repeal the subparagraph.
51 Paragraph 2(3)(b) of Schedule 12
Omit “longest”, substitute “longer”.
52 Subparagraph 2(3)(b)(ii) of Schedule 12
Repeal the subparagraph.
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Privacy Act 1988
53 Subsection 6(1) (paragraph (a) of the definition of Commission of inquiry)
After “1908”, insert “(as in force immediately before its repeal)”.
Torres Strait Fisheries Act 1984
54 Paragraph 52D(1)(b)
Omit “safety, public health or quarantine”, substitute “safety or public
health”.
55 After paragraph 52D(1)(b)
Insert:
(ba) the boat poses an unacceptable level of biosecurity risk
(within the meaning of the Biosecurity Act 2015); or
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Schedule 3—Transitional provisions commencing on Royal Assent
1 Determination of first points of entry
Determination may be made without usual prerequisites
(1) Despite subsections 223(2) and 229(2) of the Biosecurity Act, the
Director of Biosecurity or the Director of Human Biosecurity:
(a) may make a determination under subsection 223(1) of that
Act in relation to a landing place even if the Director is not
satisfied of the matters referred to in subsection 223(2) of
that Act in relation to the landing place; and
(b) may make a determination under subsection 229(1) of that
Act in relation to a port even if the Director is not satisfied of
the matters referred to in subsection 229(2) of that Act in
relation to the port.
Note: The Director may make the determination before the commencement
of section 223 or 229 of the Biosecurity Act, relying on section 4 of
the Acts Interpretation Act 1901. The determination will come into
effect on or after that commencement.
Limited life of determination made relying on subitem (1)
(2) If the Director of Biosecurity or the Director of Human Biosecurity:
(a) makes a determination under subsection 223(1) of the
Biosecurity Act in relation to a landing place without being
satisfied of the matters referred to in subsection 223(2) of
that Act in relation to the landing place; or
(b) makes a determination under subsection 229(1) of the
Biosecurity Act in relation to a port without being satisfied of
the matters referred to in subsection 229(2) of that Act in
relation to the port;
then the determination must not be expressed or varied to have effect
for a period that is longer than the transition period or, if the transition
period has been extended under subitem (4) for the landing place or
port, the extended transition period.
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(3) Unless it has already ceased to have effect, a determination referred to
in subitem (2) relating to a landing place or port ceases to have effect at
the end of the transition period or, if the transition period has been
extended under subitem (4) for the landing place or port, the extended
transition period.
Extending life of determination made relying on subitem (1)
(4) If the Director of Biosecurity or the Director of Human Biosecurity is
satisfied that:
(a) the requirements referred to in subsection 223(2) of the
Biosecurity Act will not be able to be met in relation to a
landing place referred to in subitem (2) by the end of the
transition period; or
(b) the requirements referred to in subsection 229(2) of the
Biosecurity Act will not be able to be met in relation to a port
referred to in subitem (2) by the end of the transition period;
the relevant Director may, by legislative instrument, extend the
transition period in relation to the landing place or port.
(5) Section 42 (disallowance) of the Legislation Act 2003 does not apply to
an instrument made under subitem (4).
Definitions
(6) In this item:
Biosecurity Act means the Biosecurity Act 2015.
Director of Biosecurity has the same meaning as in the Biosecurity Act.
Director of Human Biosecurity has the same meaning as in the
Biosecurity Act.
landing place has the same meaning as in the Biosecurity Act.
port has the same meaning as in the Biosecurity Act.
transition period means the 3 years beginning on the day on which
section 3 of the Biosecurity Act commences.
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Operation before commencement of certain provisions of the Biosecurity Act
(7) To avoid doubt, this item operates before the commencement of
sections 9, 223, 229, 540 and 544 of the Biosecurity Act in the same
way as this item would if those sections had commenced.
Note: Sections 9, 540 and 544 of the Biosecurity Act define Director of Biosecurity, Director of Human Biosecurity, landing place and port.
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Schedule 4—Application, saving and transitional provisions commencing later
Part 1—Preliminary
1 Definitions
(1) In this Schedule:
Biosecurity Act means the Biosecurity Act 2015.
cessation time:
(a) for a transitional approved arrangement that is taken to exist
because of subitem 47(2)—has the meaning given by
subitem 47(4); and
(b) for a transitional approved arrangement that is taken to exist
because of subitem 52(3)—has the meaning given by
subitem 52(4).
commencement day means the day on which section 3 of the
Biosecurity Act commences.
Quarantine Act means the Quarantine Act 1908.
released from quarantine means released from quarantine under the
Quarantine Act.
subject to quarantine means subject to quarantine under the Quarantine
Act.
under, in relation to the Quarantine Act, has the meaning given by
subsection 5(1A) of that Act immediately before its repeal.
(2) An expression used in a provision of this Schedule and in the
Biosecurity Act has the same meaning in that provision as it has in the
Biosecurity Act, subject to subitem (3).
(3) An expression used in a provision of this Schedule and in the
Quarantine Act has the same meaning in that provision as it had in the
Quarantine Act to the extent that:
(a) the use of the expression in that provision relates to an event
that occurred, or a state of affairs that existed, under the
Quarantine Act before the commencement day; or
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(b) the provision has the effect that a provision of the Quarantine
Act continues to apply despite the repeal of that Act.
(4) A reference in this Schedule to any thing under a particular provision of
the Quarantine Act that mentions the thing but does not give power to
make, give or do the thing includes a reference to the thing made, given
or done under subsection 6B(1) of the Quarantine Act for the purposes
of the provision.
2 Section 7 of the Acts Interpretation Act 1901
This Schedule does not limit the effect of section 7 of the Acts
Interpretation Act 1901 as it applies to the repeal of the Quarantine Act
by this Act.
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Managing biosecurity risks: goods Part 2
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Part 2—Managing biosecurity risks: goods
Division 1—Goods brought into Australian territory or otherwise subject to quarantine
3 Goods brought into Australian territory or otherwise subject to quarantine before commencement day
(1) For the purposes of the Biosecurity Act, goods in Australian territory at
the beginning of the commencement day are taken to become subject to
biosecurity control then if:
(a) the goods had been brought into Australian territory on an
aircraft or vessel that had entered Australian territory before
the commencement day during a flight or voyage that
commenced outside Australian territory; and
(b) any of the following subparagraphs applied to the goods
immediately before the commencement day:
(i) the goods had not been unloaded from the aircraft or
vessel;
(ii) the goods were within the precincts of a landing place or
port;
(iii) the goods were subject to quarantine and were at a place
approved under subsection 46A(1) of the Quarantine
Act;
(iv) the goods were subject to quarantine and were subject to
the application of procedures in accordance with a
compliance agreement under section 66B of the
Quarantine Act;
(v) the goods had been ordered, or were taken to have been
ordered, into quarantine under the Quarantine Act;
(vi) the goods were in a quarantine station, or other
quarantine or biosecurity facility, in accordance with a
law of the Commonwealth or a State or Territory
relating to quarantine or biosecurity;
(vii) the goods were under quarantine surveillance under
section 52 of the Quarantine Act; and
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(c) the goods had not been released from quarantine after the
most recent time one of the subparagraphs of paragraph (b)
started to apply to the goods.
(2) For the purposes of the Biosecurity Act, goods in Australian territory
are also taken to become subject to biosecurity control at the beginning
of the commencement day if, immediately before that day, the goods
were subject to quarantine and there was in force one of the following
that had not been fully complied with:
(a) a notice under subsection 16AF(1) of the Quarantine Act
authorising the goods to be brought into Australia, the Cocos
Islands or Christmas Island and requiring a person to do a
specified thing;
(b) a condition, of a written permission under
paragraph 20D(2)(b) or subsection 29(4), 29A(3) or 44B(6)
or (7) of the Quarantine Act relating to the goods, that a
person do a specified thing;
(c) a direction under subsection 29B(1) or 44A(4),
paragraph 48(2)(b), subsection 48AB(1), 48AC(1), 48AD(1)
or 74D(1) of the Quarantine Act relating to the goods.
(3) For the purposes of the Biosecurity Act, goods in Australian territory
are also taken to become subject to biosecurity control at the beginning
of the commencement day if:
(a) a direction relating to the goods had been given under
subsection 48(1), (3) or (6) or 70D(2) of the Quarantine Act
before that day (whether or not it had been fully complied
with before that day); and
(b) the goods were subject to quarantine immediately before that
day.
4 Application of section 119 of the Biosecurity Act
(1) Section 119 of the Biosecurity Act applies in relation to goods that are
brought into Australian territory on an aircraft or vessel that enters
Australian territory or after the commencement day during a flight or
voyage that commenced outside Australian territory.
(2) Subsections 119(3) and (4) of the Biosecurity Act also apply in relation
to goods that are taken under item 3 to have become subject to
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biosecurity control. This has effect despite subsection 119(1) of that
Act.
5 Notice of proposed importation of goods
(1) If:
(a) a person had given a notice of a proposed importation of
goods into Australia, the Cocos Islands or Christmas Island,
under subsection 16AC(1) of the Quarantine Act; and
(b) the goods were not imported into Australia, the Cocos Islands
or Christmas Island, before the commencement day;
then the notice has effect, on and after the commencement day, as if it
had been given in relation to the goods in accordance with
subsection 120(1) of the Biosecurity Act.
(2) If:
(a) a person had imported goods into Australia, the Cocos
Islands or Christmas Island before the commencement day;
and
(b) notice of the proposed importation of the goods had not been
given under subsection 16AC(1) or (2) of the Quarantine Act
before that day;
then a notice in relation to the goods must be given in accordance with
section 120 of the Biosecurity Act.
6 Notice requiring additional information about goods
If:
(a) a written notice had been given to a person under
subsection 16AD(1) of the Quarantine Act requiring the
person to give information about particular goods; and
(b) the notice was in force immediately before the
commencement day;
then the requirement in the notice has effect, on and after the
commencement day, as if it had been made by a biosecurity officer
under subsection 126(1) of the Biosecurity Act.
7 Notice to do specified thing in relation to goods
(1) This item applies if:
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(a) a notice had been given to a person under
subsection 16AF(1) of the Quarantine Act requiring the
person to do a specified thing in relation to goods that had
been ordered into quarantine; and
(b) the requirement in the notice had not been complied with
before the commencement day; and
(c) the goods had not been released from quarantine before the
commencement day.
(2) Despite the repeal of the Quarantine Act by this Act:
(a) the person must comply with the requirement in the notice;
and
(b) subsection 16AF(3) of that Act continues to apply in relation
to the requirement.
(3) If:
(a) complying with the requirement in the notice was a condition
of the goods being released from quarantine; and
(b) the person complies with the requirement on or after the
commencement day; and
(c) apart from this Act, the goods would have been released from
quarantine at a particular time (the release time) wholly or
partly because of that compliance; and
(d) immediately before that time the goods were subject to
biosecurity control because, under subitem 3(2), they were
taken to become subject to biosecurity control at the
beginning of the commencement day;
the goods are taken for the purposes of the Biosecurity Act to be
released from biosecurity control by notification under
paragraph 162(1)(a) of that Act at the release time.
8 Unloading goods at landing place or port at which aircraft or vessel has arrived
(1) This item applies in relation to goods brought into Australian territory
on an aircraft or vessel that entered Australian territory before the
commencement day during a flight or voyage that commenced outside
Australian territory if:
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(a) the aircraft or vessel has arrived at a landing place or port in
Australian territory that was declared under the Quarantine
Act to be a port at which goods of that kind or description
were permitted to be landed; and
(b) the goods are on board the aircraft or vessel that brought
them into Australian territory; and
(c) the goods are intended to be unloaded from the aircraft or
vessel at that landing place or port.
Note: The goods will be subject to biosecurity control because of item 3.
(2) If the landing place or port is not a first point of entry for the goods, the
Biosecurity Act applies as if the landing place or port were a first point
of entry for the goods.
(3) If there is a biosecurity entry point at the landing place or port for the
goods but the goods have not been brought to that biosecurity entry
point, the Biosecurity Act applies as if the place where the goods have
been brought were a biosecurity entry point for the goods.
Note: See section 147 of the Biosecurity Act.
9 Permission to land goods at place other than declared port
(1) This item applies if:
(a) a person had been given permission under
paragraph 20D(2)(b) of the Quarantine Act for goods to be
landed at a place; and
(b) the permission was in force immediately before the
commencement day.
(2) The permission has effect, on and after the commencement day:
(a) as if it were a permission given under subsection 146(2) of
the Biosecurity Act for the goods to be unloaded at that
place; and
(b) if the permission was subject to any conditions—subject to
those conditions.
(3) If the permission has not ceased to be in force before the end of 1 year
beginning on the commencement day, the permission ceases to be in
force at the end of that period.
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10 Permission to allow goods to be removed from vessel or installation
(1) Subitem (2) applies if:
(a) the master of a vessel or an installation had been given
permission under subsection 29(4) of the Quarantine Act to
allow another person to remove goods from the vessel or
installation during a specified period; and
(b) the permission was subject to a condition; and
(c) the period had not ended before the commencement day.
(2) Despite the repeal of the Quarantine Act by this Act:
(a) the permission and the condition continue to have effect; and
(b) subsection 29(5) of that Act continues to apply in relation to
the permission and the condition.
(3) Subitem (4) applies if:
(a) the master of a vessel or an installation had been given
permission under subsection 29A(3) of the Quarantine Act to
allow another person to remove goods from the vessel or
installation during a specified period; and
(b) the permission was subject to a condition; and
(c) the period had not ended before the commencement day.
(4) Despite the repeal of the Quarantine Act by this Act:
(a) the permission and the condition continue to have effect; and
(b) subsections 29A(4) and (4A) of that Act continue to apply in
relation to the permission and the condition.
11 Directions relating to movement of animals on aircraft or vessels
If:
(a) a person had been given a direction in relation to an animal
under paragraph 29B(1)(a) of the Quarantine Act; and
(b) the direction was in force immediately before the
commencement day;
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then the direction has effect, on and after the commencement day, as if
it were a direction given to the person under subparagraph 128(1)(a)(iii)
of the Biosecurity Act.
12 Goods on board aircraft or vessel that was in quarantine
Direction not to unload goods
(1) If:
(a) goods are on board an aircraft or vessel that was in
quarantine under the Quarantine Act immediately before the
commencement day; and
(b) the goods are subject to biosecurity control because of
item 3;
then a biosecurity officer is taken to have given the person in charge of
the aircraft or vessel a direction under subsection 143(3) of the
Biosecurity Act at the beginning of the commencement day not to allow
the goods to be unloaded from the aircraft or vessel.
Receiving or possessing goods unloaded in contravention of Quarantine Act
(2) Without limiting its effect apart from this subitem, section 149 of the
Biosecurity Act also has the effect it would have if:
(a) the heading were amended by adding at the end “or the
Quarantine Act 1908”; and
(b) subparagraph (1)(b)(ii) were amended by inserting “or
section 44 of the Quarantine Act 1908” after
“subsection 145(1)”; and
(c) paragraph (2)(b) were amended by inserting “or section 44 of
the Quarantine Act 1908” after “subsection 145(1)”.
13 Direction not to unload certain goods that were subject to quarantine
If:
(a) a person had been given a direction under subsection 44A(4)
of the Quarantine Act not to unload goods from a vessel; and
(b) the direction was in force immediately before the
commencement day;
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then the direction has effect, on and after the commencement day, as if
it were a direction given to the person under subsection 144(3) of the
Biosecurity Act.
14 Permission to do relevant act in relation to goods that were subject to quarantine
If:
(a) a person had been given permission under subsection 44B(6)
or (7) of the Quarantine Act to do a relevant act in relation to
goods; and
(b) the permission was in force immediately before the
commencement day; and
(c) the goods are subject to biosecurity control because of
item 3;
then the permission has effect, on and after the commencement day, as
if it were a permission given to the person under section 557 of the
Biosecurity Act to do the relevant act in relation to the goods.
15 Directions about movement of goods
On and after the commencement day, a direction or notice that:
(a) was in force immediately before that day; and
(b) was given to a person under a provision of the Quarantine
Act described in column 1 of an item of the following table;
and
(c) was of a kind described in column 2 of the item; and
(d) related to goods that are of a kind described in column 3 of
the item;
has effect as if it were a direction given to the person under
paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity
measure required under section 132 of that Act in relation to the goods.
Directions and notices relating to movement of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction or notice
Column 3
Kind of goods
1 Paragraph 48(1)(b) or
subsection 48(3) or
Direction: Goods that:
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Directions and notices relating to movement of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction or notice
Column 3
Kind of goods
48(6) (a) that goods be taken to a
place and detained there in
a specified manner and for
a specified period; or
(b) that relates to the extent to
which goods may be
moved, dealt with or
interfered with; or
(c) that goods be detained at a
vessel, installation,
quarantine station or other
place, in a specified
manner and for a specified
period
(a) had been ordered
into quarantine
under the
Quarantine Act; and
(b) had not been
released from
quarantine before
the commencement
day
2 Subsection 52(5A) Direction relating to the
movement of an animal
Animal that was under
quarantine surveillance
under subsection 52(3)
of the Quarantine Act
3 Subsection 56(1) Electronic notice including
under paragraph 56(2)(d) or
(e) of the Quarantine Act a
requirement relating to the
movement of goods
Goods that were in
quarantine immediately
before the
commencement day in
accordance with the
notice
4 Paragraph 70D(2)(a),
(b) or (c)
Direction relating to the
leaving or movement of goods
Goods that were
subject to quarantine
16 Directions to treat goods
On and after the commencement day, a direction or notice that:
(a) was in force immediately before that day; and
(b) was given to a person under a provision of the Quarantine
Act described in column 1 of an item of the following table;
and
(c) was of a kind described in column 2 of the item; and
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(d) related to goods that are of a kind described in column 3 of
the item;
has effect as if it were a direction given to the person under
paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity
measure required under subsection 133(1) of that Act in relation to the
goods.
Directions and notices relating to treatment of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction or notice
Column 3
Kind of goods
1 Paragraph 48(2)(b) Direction to cause goods to be
treated in a specified manner
Goods that:
(a) had been ordered
into quarantine
under the
Quarantine Act; and
(b) had not been
released from
quarantine before
the commencement
day
2 Subsection 48AB(1) Direction to treat goods in a
stated manner
Animal, plant or other
goods
3 Subsection 48AC(1) Direction to cause a plant, part
of a plant, soil or seed to be
treated in a specified manner
Plant, part of a plant,
soil or seed
4 Subsection 48AD(1) Direction to treat package,
packing material or other
waste material
Package, packing
material or other waste
material situated at a
place
5 Subsection 52(5A) Direction requiring an animal
to be treated in a specified
manner
Animal that was under
quarantine surveillance
under subsection 52(3)
of the Quarantine Act
6 Subsection 56(1) Electronic notice including
under paragraph 56(2)(c) of
the Quarantine Act a
requirement to cause goods to
Goods that were in
quarantine immediately
before the
commencement day in
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Directions and notices relating to treatment of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction or notice
Column 3
Kind of goods
be treated in a specified
manner
accordance with the
notice
7 Subsection 74D(1) Direction to take measures in
respect of goods to prevent the
introduction, establishment or
spread of a disease or pest
Goods that:
(a) either are infected
or were subject to
quarantine; and
(b) are being, or will
be, carried on a
vehicle or vessel
17 Directions to destroy goods
On and after the commencement day, a direction that:
(a) was in force immediately before that day; and
(b) was given to a person under a provision of the Quarantine
Act described in column 1 of an item of the following table;
and
(c) was of a kind described in column 2 of the item; and
(d) related to goods that are of a kind described in column 3 of
the item;
has effect as if it were a direction given to the person under
paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity
measure required under subsection 136(1) of that Act in relation to the
goods.
Directions relating to destruction of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction
Column 3
Kind of goods
1 Paragraph 29B(1)(c) Direction about disposal of
an animal
Animal that was killed, or
died, after being brought
on board a vessel or
installation
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Directions relating to destruction of goods
Column 1
Provision of
Quarantine Act
Column 2
Kind of direction
Column 3
Kind of goods
2 Subsection 48AD(1) Direction to destroy or
otherwise dispose of
package, packing material
or other waste material
Package, packing material
or other waste material
situated at a place
18 Directions in relation to goods ordered into quarantine
(1) This item applies in relation to goods that:
(a) had been ordered into quarantine under the Quarantine Act;
and
(b) had not been released from quarantine before the
commencement day.
Direction that goods be detained where they are
(2) If:
(a) a direction had been given to a person under
paragraph 48(1)(a) of the Quarantine Act that the goods be
detained on board a vessel or installation, or at premises, in a
specified manner and for a specified period; and
(b) the direction was in force immediately before the
commencement day;
then the direction has effect, on and after the commencement day, as if
it were a direction given to the person under subsection 124(1) of the
Biosecurity Act to secure the goods on board the vessel or installation,
or at the premises, in the specified manner and for the specified period.
Direction that goods be exported
(3) If:
(a) a direction had been given to a person under
paragraph 48(1)(c) of the Quarantine Act that the goods be
exported from Australia; and
(b) the direction was in force immediately before the
commencement day;
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then the direction has effect, on and after the commencement day, as if
it were a direction given to the person under paragraph 135(2)(b) of the
Biosecurity Act.
19 Goods that were required to be destroyed
(1) This item applies in relation to goods that:
(a) had been required under subsection 48AA(2) of the
Quarantine Act to be destroyed; and
(b) are subject to biosecurity control because of item 3.
Ministerial approval not required
(2) If the goods could have been destroyed without the written approval of
the Minister under subsection 48AA(3) of the Quarantine Act, then the
Biosecurity Act applies in relation to the goods as if:
(a) the goods were not high-value goods; and
(b) a biosecurity officer had, under subsection 136(1) of that Act,
required the goods to be destroyed.
Ministerial approval required and given
(3) If:
(a) the goods could not have been destroyed without the written
approval of the Minister under subsection 48AA(3) of the
Quarantine Act; and
(b) the Minister’s written approval had been given before the
commencement day;
then the Biosecurity Act applies in relation to the goods as if:
(c) the goods were high-value goods; and
(d) a biosecurity officer had, under subsection 136(1) of that Act,
required the goods to be destroyed.
Ministerial approval required and not given
(4) If:
(a) the goods could not have been destroyed without the written
approval of the Minister under subsection 48AA(3) of the
Quarantine Act; and
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(b) the Minister’s written approval had not been given before the
commencement day;
then the Biosecurity Act applies in relation to the goods as if they were
high-value goods.
Note: The goods may be required to be destroyed under section 136 of the Biosecurity Act.
20 Treatment required that might damage goods
(1) This item applies in relation to goods if:
(a) the goods had been required under the Quarantine Act to be
treated; and
(b) a quarantine officer had believed on reasonable grounds that
the goods could not be effectively treated without being
damaged; and
(c) the goods had not been treated as required before the
commencement day.
Permission for treatment given
(2) If the owner of the goods, or the agent of the owner of the goods, had
agreed to the treatment before the commencement day, then the
Biosecurity Act (other than subsection 133(2) and section 134) applies
in relation to the goods as if the treatment of the goods had been
required by a biosecurity officer under subsection 133(1) of that Act.
Permission for treatment requested but not given
(3) If:
(a) the owner of the goods, or the agent of the owner of the
goods, had been given a notice under subsection 48AA(4) of
the Quarantine Act; and
(b) the owner or agent had not agreed to the treatment before the
commencement day; and
(c) the goods had not been forfeited to the Commonwealth under
subsection 48AA(5) of the Quarantine Act;
then the Biosecurity Act (other than subsection 133(2)) applies in
relation to the goods as if:
(d) the treatment of the goods had been required by a biosecurity
officer under subsection 133(1) of that Act; and
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(e) the notice had been given to a person in charge of the goods
under subsection 134(2) of that Act.
Note: Item 24 deals with goods that had been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act.
Permission for treatment not requested
(4) If:
(a) the owner of the goods, or the agent of the owner of the
goods, had not been given a notice under subsection 48AA(4)
of the Quarantine Act; and
(b) the owner or agent had not agreed to the treatment before the
commencement day;
then the Biosecurity Act (other than subsection 133(2)) applies in
relation to the goods as if the treatment of the goods had been required
by a biosecurity officer under subsection 133(1) of that Act.
21 Direction to treat goods exposed to goods that were subject to quarantine
If:
(a) a person had been given a direction under
subsection 48AB(1) of the Quarantine Act to treat goods; and
(b) the direction was in force immediately before the
commencement day;
then the Biosecurity Act applies in relation to the goods as if an exposed
goods order were in force in relation to the goods.
22 Direction to treat plant etc.
If:
(a) a person had been given a direction under
subsection 48AC(1) of the Quarantine Act requiring a plant,
a seed or soil to be treated in a specified manner; and
(b) the direction was in force immediately before the
commencement day;
then the plant, seed or soil is taken for the purposes of the Biosecurity
Act to be subject to biosecurity control (whether it is also taken under
item 3 to become subject to biosecurity control or not).
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23 Direction to treat or destroy package, packing material or other waste material
If:
(a) a person had been given a direction under
subsection 48AD(1) of the Quarantine Act to treat, destroy or
otherwise dispose of a package, packing material or other
waste material; and
(b) the direction was in force immediately before the
commencement day;
then the Biosecurity Act applies in relation to the package, packing
material or other waste material as if it were subject to biosecurity
control.
24 Abandoned or forfeited goods
(1) If:
(a) goods had been forfeited to the Commonwealth under
subsection 48AA(5) or 48A(1), (2) or (3) of the Quarantine
Act; and
(b) the goods had not been disposed of as permitted by the
relevant subsection before the commencement day;
then the Biosecurity Act applies in relation to the goods as if they had
been forfeited to the Commonwealth, at the beginning of the
commencement day, under subsection 627(2) of that Act.
(2) For the purpose of the application of the Biosecurity Act in relation to
goods to which subitem (1) applies, the Director of Biosecurity may, if
necessary, take possession of the goods.
(3) If:
(a) a notification under paragraph 48A(2)(a) of the Quarantine
Act had been given to the owner of goods less than 30 days
before the commencement day; and
(b) the owner of the goods had not collected the goods before the
commencement day; and
(c) the owner of the goods does not collect the goods within 30
days after the date on which the notification was given;
then:
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(d) the goods are forfeited to the Commonwealth at the end of
that 30-day period; and
(e) the Biosecurity Act applies in relation to the goods as if the
forfeiture had occurred under subsection 627(2) of that Act.
25 Goods ordered into quarantine by electronic notice
Despite the repeal of the Quarantine Act by this Act:
(a) a notice that:
(i) was given to a person under subsection 56(1) of that Act
before the commencement day; and
(ii) was in force immediately before the commencement
day; and
(iii) ordered goods into quarantine and set out the extent (if
any) to which the person may deal with or interfere with
the goods; and
(iv) related to goods that were in quarantine immediately
before the commencement day;
continues to have effect to the extent that it set out the extent
(if any) to which the person may deal with or interfere with
the goods; and
(b) subsection 56(5) of that Act continues to apply to a notice
described in paragraph (a) of this item:
(i) to the extent that the notice set out the extent (if any) to
which the person may deal with or interfere with the
goods; and
(ii) as if paragraph (c) of that subsection referred to
biosecurity risk, within the meaning of the Biosecurity
Act, instead of quarantine risk.
26 Offence of possessing or conveying goods imported in contravention of Quarantine Act
Despite the repeal of the Quarantine Act, subsection 70C(3) of that Act
continues to apply.
27 Directions to persons in quarantine stations etc. to undergo decontamination
If:
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(a) a person had been given a direction under subsection 70E(1)
or (2) of the Quarantine Act to subject himself or herself to
decontamination; and
(b) the direction was in force immediately before the
commencement day;
then the direction has effect, on and after the commencement day, as if
it were a direction given to the person under paragraph 559(4)(a) of the
Biosecurity Act.
28 Notices affixed to goods by quarantine officer
If:
(a) a notice had been affixed on goods under paragraph 74(1)(b)
of the Quarantine Act; and
(b) the notice had not been removed from the goods before the
commencement day;
then the notice has effect, on and after the commencement day, as if:
(c) the notice were a biosecurity control notice affixed to the
goods under subsection 129(1) of the Biosecurity Act; and
(d) a reference in the notice to the Quarantine Act 1908 were a
reference to the Biosecurity Act 2015; and
(e) a reference in the notice to quarantine risk were a reference to
biosecurity risk; and
(f) a reference in the notice to the level of quarantine risk were a
reference to the level of biosecurity risk.
Division 2—Import permits
29 Import permits in force before the commencement day
If:
(a) a person had been granted a permit by a Director of
Quarantine to import goods into Australia, the Cocos Islands
or Christmas Island; and
(b) the permit was in force immediately before the
commencement day;
then the permit has effect, on and after the commencement day:
(c) as if it were a permit granted to the person by the Director of
Biosecurity under section 179 of the Biosecurity Act,
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authorising, for the purposes of that Act, the person, or a
person acting on behalf of the person, to import the goods
into Australian territory; and
(d) subject to any conditions specified in the permit; and
(e) until the end of the period for which it was granted, unless it
is earlier varied, suspended or revoked under section 181 of
the Biosecurity Act.
30 Applications for import permits not decided before the commencement day
If:
(a) an application had been made to a Director of Quarantine, in
accordance with regulations made for the purposes of
subparagraph 87(1)(ra)(i) of the Quarantine Act, for a permit
to import goods into Australia, the Cocos Islands or
Christmas Island; and
(b) no decision on the application had been made before the
commencement day;
then the application is taken, on and after the commencement day, to be
an application, made under section 177 of the Biosecurity Act at the
beginning of the commencement day, for a permit authorising, for the
purposes of that Act, the applicant or a person acting on behalf of the
applicant, to import the goods into Australian territory.
Division 3—Prohibited goods
31 Goods imported etc. in contravention of Quarantine Act
(1) This item applies in relation to animals, plants or other goods that,
before the commencement day:
(a) had been imported or introduced into, or brought into any
port or other place in Australia, the Cocos Islands or
Christmas Island; or
(b) had been removed from a place to another place as described
in paragraph 68(1)(b) of the Quarantine Act; or
(c) had been moved, interfered with or dealt with;
in contravention of the Quarantine Act.
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(2) If:
(a) the animals, plants or other goods had not been seized under
subsection 68(2) of the Quarantine Act; and
(b) a notice had not been given to a person under
subsection 68(3) of that Act;
then section 628 of the Biosecurity Act applies to the animals, plants or
other goods (despite subsection (1) of that section).
(3) If:
(a) the animals, plants or other goods had not been seized under
the Quarantine Act; and
(b) a notice had been given to a person under subsection 68(3) or
(8) of that Act (except a notice revoking a notice under
subsection 68(3) of that Act);
then:
(c) section 628 of the Biosecurity Act applies to the animals,
plants or other goods (despite subsection (1) of that section);
and
(d) the person in charge of the animals, plants or other goods is
taken to have been notified under subsection 628(4) of that
Act.
(4) If, before the commencement day, the animals, plants or other goods
had been forfeited to the Commonwealth under paragraph 68(2)(a) or
(9)(c) of the Quarantine Act but had not been sold, destroyed, exported
or disposed of under section 68 of that Act, subsection 628(5) of the
Biosecurity Act applies to the animals, plants or other goods (despite
subsection 628(1) of that Act).
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Part 3—Managing biosecurity risks: conveyances
32 Conveyances in Australian territory on commencement day
(1) For the purposes of the Biosecurity Act, a conveyance in Australian
territory is taken to become subject to biosecurity control under
subsection 191(2) of that Act at the beginning of the commencement
day if:
(a) the conveyance had entered Australian territory before the
commencement day during a flight or voyage that
commenced outside Australian territory; or
(b) the conveyance was subject to quarantine (including because
of subsection 19(1) or (4) or 19AA(1) or (4) of the
Quarantine Act) immediately before the commencement day.
(2) However, a conveyance referred to in paragraph (1)(a) is not taken to
become subject to biosecurity control because of subitem (1) if the
conveyance:
(a) had been ordered, or was taken to have been ordered, into
quarantine under the Quarantine Act; and
(b) had been released from quarantine; and
(c) was not subject to quarantine immediately before the
commencement day.
33 Application of Biosecurity Act to conveyances in Australian territory on commencement day
(1) Section 191 of the Biosecurity Act applies in relation to an aircraft or
vessel that enters Australian territory on or after the commencement day
during a flight or voyage that commenced outside Australian territory.
(2) Subsections 191(3) and (4) of the Biosecurity Act also apply to a
conveyance that is taken under item 32 to have become subject to
biosecurity control. This has effect despite subsection 191(1).
(3) Despite subitem 32(1), a biosecurity officer must not exercise a power
under subsection 206(2) (movement of certain aircraft and vessels) of
the Biosecurity Act in relation to a conveyance that is subject to
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biosecurity control because of that subitem unless the conveyance had
originally entered Australian territory during a journey that commenced
outside Australian territory.
(4) If, because of subitem (3), a biosecurity officer cannot exercise a power
under subsection 206(2) of the Biosecurity Act in relation to a
conveyance, the biosecurity officer may exercise a power under
subsection 207(2) (movement of conveyances) of that Act in relation to
the conveyance. This has effect despite subitem 32(1).
34 Permissions for aircraft or vessels to be brought to place other than landing place or first port of entry
(1) If:
(a) permission had been given under subsection 20AA(1) of the
Quarantine Act for a vessel to be brought to a place (the
alternative place) other than a first port of entry, a first
Cocos Island port of entry, a first Christmas Island port of
entry or a landing place; and
(b) the permission was in force immediately before the
commencement day;
then the permission has effect, on and after the commencement day:
(c) as if it were a permission:
(i) if the vessel was an aircraft—given under
subsection 239(2) of the Biosecurity Act for the aircraft
to land at the alternative place; or
(ii) if the vessel was not an aircraft—given under
subsection 247(2) of the Biosecurity Act for the vessel
to be moored at the alternative place; and
(d) if the permission was subject to any conditions—subject to
those conditions.
(2) If the permission has not ceased to be in force before the end of 2 years
beginning on the commencement day, the permission ceases to be in
force at the end of that period.
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35 Notification of outbreak of disease on aircraft or vessel
If the master of an aircraft or vessel had notified a quarantine officer of
a matter referred to in paragraph 22(2)(a) of the Quarantine Act, then
the notification has effect, on and after the commencement day, as if it
were a report about the matter given under section 193 of the
Biosecurity Act in accordance with subsection 193(2) of that Act.
36 Requirement relating to movement of vessel
If:
(a) the master of a vessel had been required, under section 25 of
the Quarantine Act, to bring the vessel to; and
(b) the requirement was in force immediately before the
commencement day;
then the requirement has effect, on and after the commencement day, as
if it were a direction given to the person in charge of the vessel under
subparagraph 202(1)(a)(ii) of the Biosecurity Act.
37 Pre-arrival reports for vessels
(1) This item applies if:
(a) a vessel (including an installation) had entered Australian
territory before the commencement day, or it is intended that
the vessel enter Australian territory on or after that day,
during a voyage that commenced outside Australian territory;
and
(b) information in respect of the vessel had been given to a
quarantine officer as required by subsection 27A(2) of the
Quarantine Act before the commencement day.
(2) The operator of the vessel is not required to comply with section 193 of
the Biosecurity Act in relation to the vessel.
(3) If information in respect of the vessel had also been given to a
quarantine officer under subsection 27A(3) of the Quarantine Act, the
operator of the vessel is not required to comply with section 194 of the
Biosecurity Act in relation to that information.
(4) However, if the person in charge or the operator of the vessel becomes
aware after the commencement day that information given under
subsection 27A(2) or (3) of the Quarantine Act was incomplete or
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incorrect, then the operator must give the additional or corrected
information to a biosecurity officer under section 194 of the Biosecurity
Act as soon as practicable.
(5) For the purposes of subitem (4), section 194 of the Biosecurity Act
applies as if a reference to a report in relation to the vessel under
section 193 included a reference to information in respect of the vessel
under subsection 27A(2) or (3) of the Quarantine Act.
38 Pre-arrival reports for aircraft
(1) This item applies if:
(a) an aircraft had entered Australian territory before the
commencement day, or it is intended that the aircraft enter
Australian territory on or after that day, during a flight that
commenced outside Australian territory; and
(b) information in respect of the aircraft had been given to a
quarantine officer as required by subsection 27B(2) of the
Quarantine Act before the commencement day.
(2) The operator of the aircraft is not required to comply with section 193
of the Biosecurity Act in relation to the aircraft.
(3) If information in respect of the aircraft had also been given to a
quarantine officer under subsection 27B(3) of the Quarantine Act, the
operator of the aircraft is not required to comply with section 194 of the
Biosecurity Act in relation to that information.
(4) However, if the person in charge or the operator of the aircraft becomes
aware after the commencement day that information given under
subsection 27B(2) or (3) of the Quarantine Act was incomplete or
incorrect, then the operator must give the additional or corrected
information to a biosecurity officer under section 194 of the Biosecurity
Act as soon as practicable.
(5) For the purposes of subitem (4), section 194 of the Biosecurity Act
applies as if a reference to a report in relation to the aircraft under
section 193 included a reference to information in respect of the aircraft
under subsection 27B(2) or (3) of the Quarantine Act.
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39 Directions about movement of conveyances
(1) This item applies to a direction that:
(a) was in force immediately before the commencement day; and
(b) was given under subsection 36(1) or (2), 74D(1) or 78B(1) of
the Quarantine Act to a person in charge of a conveyance that
is taken under item 32 of this Schedule to have become
subject to biosecurity control at the beginning of the
commencement day (whether because of paragraph (1)(a) of
that item or not).
(2) To the extent that the direction relates to movement of the conveyance,
the direction has effect on and after the commencement day as if it were
a direction given to the person in charge of the conveyance under
paragraph 206(2)(a) of the Biosecurity Act.
40 Movement of conveyance in quarantine
(1) This item applies in relation to a conveyance that was in quarantine
immediately before the commencement day.
(2) A biosecurity officer is taken to have given the person in charge of the
conveyance a direction under subparagraph 202(1)(a)(iii) of the
Biosecurity Act at the beginning of the commencement day not to allow
the conveyance to be moved.
Note: Section 40 of the Quarantine Act would have applied in relation to the conveyance immediately before the commencement day.
(3) If:
(a) a person had been given permission under subsection 40(2)
of the Quarantine Act for the conveyance to be moved; and
(b) the permission was in force immediately before the
commencement day;
then the permission has effect, on and after the commencement day, as
if it were a permission given to the person under section 557 of the
Biosecurity Act to move the conveyance.
41 Directions to treat conveyances
(1) This item applies to a direction that:
(a) was in force immediately before the commencement day; and
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(b) either:
(i) was given under subsection 48AB(3) or (3A) of the
Quarantine Act to a person in charge of a conveyance;
or
(ii) was given under subsection 74D(1) of the Quarantine
Act to a person in charge of a conveyance that is taken
under item 32 of this Schedule to have become subject
to biosecurity control at the beginning of the
commencement day.
(2) To the extent that the direction relates to treatment of, or performance
of work on, the conveyance, the direction has effect on and after the
commencement day as if it were a direction given to the person in
charge of the conveyance under paragraph 213(1)(a) of the Biosecurity
Act to carry out a biosecurity measure required under subsection 208(1)
of that Act.
(3) Also, if the direction was given under subsection 48AB(3) or (3A) of
the Quarantine Act, the Biosecurity Act applies in relation to the
conveyance as if it were an exposed conveyance that is subject to
biosecurity control.
42 Notices affixed to conveyances by quarantine officer
If:
(a) a notice had been affixed on a part of a conveyance under
paragraph 74(1)(a) of the Quarantine Act; and
(b) the notice had not been removed from the conveyance before
the commencement day;
then the notice has effect, on and after the commencement day, as if:
(c) the notice were a biosecurity control notice affixed to the
conveyance under subsection 203(1) of the Biosecurity Act;
and
(d) a reference in the notice to the Quarantine Act 1908 were a
reference to the Biosecurity Act 2015; and
(e) a reference in the notice to quarantine risk were a reference to
biosecurity risk; and
(f) a reference in the notice to the level of quarantine risk were a
reference to the level of biosecurity risk.
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43 Information about biosecurity requirements to be given to persons on incoming aircraft or vessels
If:
(a) an incoming aircraft or vessel arrives, or it is intended that an
incoming aircraft or vessel arrive, at a landing place or port
in Australian territory on or after the commencement day;
and
(b) notice of the quarantine measures required under the laws of
the Commonwealth had been given to a person on board the
aircraft or vessel as required by subsection 74AA(1) of the
Quarantine Act before the commencement day;
then section 220 of the Biosecurity Act (requirement to give persons on
board incoming aircraft and vessels information about biosecurity
requirements) is taken to have been complied with in relation to the
person.
44 Direction to treat conveyance in insanitary condition etc.
(1) This item applies if:
(a) a direction was given to a person under subsection 78A(2) of
the Quarantine Act; and
(b) the direction was in force immediately before the
commencement day.
(2) Despite the repeal of the Quarantine Act by this Act:
(a) the direction continues to have effect; and
(b) subsection 78A(4) of the Quarantine Act continues to apply
in relation to the direction.
45 Moving an insanitary vessel or things removed from it
Despite the repeal of the Quarantine Act, if a quarantine officer took an
action under paragraph 78C(1)(c) or (d) of that Act before the
commencement day:
(a) subsections 78C(2) and (2A) of that Act continue to apply;
and
(b) permission that was in force immediately before the
commencement day to do a thing mentioned in
paragraph 78C(2)(b) of that Act continues to have effect.
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Part 4—Managing biosecurity risks: monitoring, control and response
46 Power to carry out vector monitoring and control activities with consent
(1) Section 55E of the Quarantine Act continues to apply, for the 6 months
beginning on the commencement day, in relation to private property for
which both the following conditions are met:
(a) the person who owns or controls the property either:
(i) gave consent before the commencement day for a
quarantine officer (human quarantine), and other
persons acting under his or her supervision or control (if
any) to enter onto the property and carry out vector
monitoring and control activities; or
(ii) gives consent not more than 90 days after the
commencement day for a biosecurity officer, and other
persons acting under his or her supervision or control (if
any) to enter onto the property and carry out vector
monitoring and control activities;
(b) the property is not in a biosecurity monitoring zone under the
Biosecurity Act.
Note: If the property starts to be in a biosecurity monitoring zone at any time in those 6 months, section 55E of the Quarantine Act ceases to apply in relation to the property at that time.
(2) That section applies for that period as if it referred to a human
biosecurity officer instead of a quarantine officer (human quarantine).
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Part 5—Co-regulatory approvals and compliance agreements
Division 1—Co-regulatory approvals
47 Co-regulatory approvals in force before commencement day
Previous approvals continue as transitional approved arrangements
(1) This item applies in relation to an approval (the previous approval) that
was in force under section 46A of the Quarantine Act immediately
before the commencement day.
Note: An approval that is taken to have been revoked immediately before the commencement day under item 49 will not be in force for the purposes of this item.
(2) The previous approval has effect, on and after the commencement day,
as if it were an approval (the corresponding approval) by the Director
of Biosecurity, under section 406 of the Biosecurity Act, of an
arrangement that provides for the holder of the previous approval to
carry out the activities covered by the previous approval, at the place
covered by the previous approval, to manage biosecurity risks
associated with the class of goods covered by the previous approval.
Note 1: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the holder of the corresponding approval is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act).
Note 2: The approved arrangement may be renewed under item 48, or varied, suspended or revoked under Chapter 7 of the Biosecurity Act.
Approvals given subject to conditions
(3) If the previous approval was given subject to one or more conditions,
the corresponding approval has effect subject to the same conditions.
Period during which transitional approved arrangement remains in force
(4) The approved arrangement (the transitional approved arrangement)
that is taken to exist because of subitem (2) ceases to be in force at the
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time (the cessation time) when the relevant previous approval would
have ceased to be in force, unless the arrangement:
(a) is renewed under item 48; or
(b) is revoked earlier under Part 5 of Chapter 7 of the Biosecurity
Act.
48 Renewal of transitional approved arrangement
(1) A biosecurity industry participant (the applicant) covered by a
transitional approved arrangement that is taken to exist because of
subitem 47(2) may apply, in writing, to the Director of Biosecurity for
renewal of the arrangement. The application must be made:
(a) within the period of 3 months ending immediately before the
cessation time for the arrangement; or
(b) if the Director consents, after the end of that period.
Note: An application fee may be required (see item 58).
(2) If the Director of Biosecurity receives an application in relation to a
transitional approved arrangement under subitem (1), the Director may
renew the arrangement if the Director is satisfied, having regard to any
matter that the Director considers relevant, that:
(a) the applicant is a fit and proper person (having regard to the
matters referred to in section 530 of the Biosecurity Act); and
(b) the level of biosecurity risk associated with the operation of
the arrangement is acceptable.
Note: See Division 3 for matters relating to dealing with applications.
(3) The Director of Biosecurity may renew the transitional approved
arrangement, subject to any conditions the Director considers
appropriate:
(a) for a period of up to 18 months after the cessation time for
the arrangement; or
(b) if the Director is satisfied it is appropriate to do so—for a
period of up to 3 years after the cessation time for the
arrangement.
(4) If the Director of Biosecurity decides to renew the transitional approved
arrangement, the period for which the renewed arrangement remains in
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force begins, or is taken to have begun, immediately after the cessation
time for the arrangement.
(5) The Director of Biosecurity must notify the applicant, in writing:
(a) of the Director’s decision; and
(b) if the decision is to renew the transitional approved
arrangement, of:
(i) any conditions to which the renewal is subject; and
(ii) the period for which the renewed arrangement has been
renewed; and
(c) if the decision is not to renew the transitional approved
arrangement—of the reasons for the decision.
(6) A decision by the Director of Biosecurity under this item not to renew a
transitional approved arrangement is a reviewable decision for the
purposes of the Biosecurity Act and the applicant is the relevant person
for the reviewable decision.
(7) Section 530 of the Biosecurity Act applies for the purposes of
determining whether a person is a fit and proper person for the purposes
of this item (in addition to the other purposes for which that section
applies).
(8) A transitional approved arrangement that is taken to exist because of
subitem 47(2) may be renewed only once.
49 Co-regulatory approvals suspended or revoked before commencement day
(1) This item applies in relation to an approval under section 46A of the
Quarantine Act if:
(a) the approval had been suspended before the commencement
day; or
(b) a notice of suspension or revocation of the approval had been
given, under subsection 46A(10) of the Quarantine Act,
before the commencement day to the person who applied for
the approval, but the suspension or revocation had not taken
effect before that day.
(2) The approval is taken to have been revoked immediately before the
commencement day.
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Note: The holder of the approval may apply under section 405 of the Biosecurity Act for approval of a proposed arrangement to carry out activities to manage biosecurity risks associated with specified goods, premises or other things.
50 Notices to take action if co-regulatory approval has expired or is suspended or revoked
(1) This item applies if:
(a) a person had been given a notice under subsection 46A(11)
of the Quarantine Act; and
(b) the person had not complied with the notice before the
commencement day.
(2) Despite the repeal of the Quarantine Act by this Act,
subsections 46A(11) and (12) of that Act continue to apply in relation to
the notice.
(3) Subsection 46A(11) of the Quarantine Act continues to apply because
of subitem (2) as if that subsection referred to the Director of
Biosecurity instead of the Director of Quarantine.
51 Applications for co-regulatory approvals made before commencement day
(1) This item applies if:
(a) the owner or occupier of a place had made an application to a
Director of Quarantine for an approval under section 46A of
the Quarantine Act; and
(b) any prescribed fee required by that section had been paid
before the commencement day; and
(c) the Director of Quarantine had not made a decision on the
application before that day.
(2) The application is taken, on and after the commencement day, to be an
application to the relevant Director under section 405 of the Biosecurity
Act for approval of a proposed arrangement that provides for the
applicant to carry out the activities specified in the application, at the
place specified in the application, to manage biosecurity risks associated
with the class of goods or other things specified in the application.
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(3) Section 435 of the Biosecurity Act applies in relation to the application
as if it had been received by the relevant Director on the
commencement day.
(4) The following provisions of the Biosecurity Act do not apply in relation
to the application or the proposed arrangement:
(a) paragraph 406(2)(a) (requirements for proposed
arrangements);
(b) section 434 (requirements for applications);
(c) section 531 (requirement to provide personal information).
(5) Any fee required to be paid under the Biosecurity Act in relation to an
application under section 405 of that Act is taken to have been paid.
(6) Section 410 of the Biosecurity Act applies in relation to the application
as if the following paragraphs were added at the end of subsection (1):
; or (c) an application by a person (also the first person) for an
approval under section 46A of the Quarantine Act (as in
force at any time before that Act was repealed) was refused;
or
(d) an approval held by a person (also the first person) under
section 46A of the Quarantine Act (as in force at any time
before that Act was repealed) was revoked under that section.
Division 2—Compliance agreements
52 Compliance agreements in force before commencement day
Compliance agreements continue as transitional approved arrangements
(1) This item applies in relation to a compliance agreement that was in
force, or is taken to have been in force under subitem (2), between the
Commonwealth and another person (in this Division called the other
party) under section 66B of the Quarantine Act immediately before the
commencement day.
Note: A compliance agreement that is taken to have been cancelled under item 55 immediately before the commencement day will not be in force for the purposes of this item.
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(2) For the purposes of subitem (1), a compliance agreement is taken to
have been in force under section 66B of the Quarantine Act
immediately before the commencement day if a Director of Quarantine
had decided to enter into the compliance agreement with another party
before the commencement day, but the agreement had not been signed
by the parties before that day.
(3) The compliance agreement has effect, on and after the commencement
day, as if:
(a) the agreement were an arrangement approved by the Director
of Biosecurity, under section 406 of the Biosecurity Act, that
provides for the other party to carry out the procedures
covered by the agreement to manage biosecurity risks
associated with the goods covered by the agreement; and
(b) the other party were the holder of the approval.
Note: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the other party is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act).
Period during which transitional approved arrangement remains in force
(4) The approved arrangement (the transitional approved arrangement)
that is taken to exist because of subitem (3) remains in force until the
end (the cessation time) of the period of 18 months beginning on the
commencement day, unless:
(a) the period is extended under item 53; or
(b) the arrangement is revoked earlier under Part 5 of Chapter 7
of the Biosecurity Act; or
(c) the arrangement ceases to be in force under subitem (5).
(5) If:
(a) a transitional approved arrangement is a compliance
agreement that is taken to have been in force under
subitem (2); and
(b) the arrangement is not signed by the Director of Biosecurity
within the period of 90 days beginning on the
commencement day;
the arrangement ceases to be in force at the end of that period.
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53 Extension of transitional approved arrangement
(1) A biosecurity industry participant (the applicant) covered by a
transitional approved arrangement that is taken to exist because of
subitem 52(3) may apply, in writing, to the Director of Biosecurity to
extend the period (the period of operation) during which the
arrangement remains in force. The application must be made:
(a) within the period of 3 months ending immediately before the
cessation time for the arrangement; or
(b) if the Director consents, after the end of that period.
Note: An application fee may be required (see item 58).
(2) If the Director of Biosecurity receives an application in relation to a
transitional approved arrangement under subitem (1), the Director may
extend the period of operation of the arrangement, for up to 18 months
after the cessation time for the arrangement, if the Director is satisfied,
having regard to any matter that the Director considers relevant, that:
(a) the applicant is a fit and proper person (having regard to the
matters referred to in section 530 of the Biosecurity Act); and
(b) the level of biosecurity risk associated with the operation of
the arrangement is acceptable.
Note: See Division 3 for matters relating to dealing with applications.
(3) If the Director of Biosecurity decides to extend the period of operation
of the transitional approved arrangement, the extended period of
operation begins, or is taken to have begun, immediately after the
cessation time for the arrangement.
(4) The Director of Biosecurity must notify the applicant, in writing:
(a) of the Director’s decision; and
(b) if the decision is to extend the period of operation of the
transitional approved arrangement—of the extended period
of operation; and
(c) if the decision is not to extend the period of operation of the
transitional approved arrangement—of the reasons for the
decision.
(5) A decision by the Director of Biosecurity under this item not to extend
the period of operation of the transitional approved arrangement is a
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reviewable decision for the purposes of the Biosecurity Act and the
applicant is the relevant person for the reviewable decision.
(6) Section 530 of the Biosecurity Act applies for the purposes of
determining whether a person is a fit and proper person for the purposes
of this item (in addition to the other purposes for which that section
applies).
(7) The period of operation of a transitional approved arrangement that is
taken to exist because of subitem 52(3) may be extended only once.
54 Additional circumstances for variation, suspension or revocation of transitional approved arrangement
(1) This item applies if a compliance agreement that is taken to be a
transitional approved arrangement because of subitem 52(3) provided,
under subsection 66B(3) of the Quarantine Act, that in the
circumstances (the relevant circumstances) stated in the agreement, a
Director of Quarantine may:
(a) cancel or vary the agreement; or
(b) suspend its operation for a period or until the happening of an
event.
(2) The Director of Biosecurity may, in the relevant circumstances:
(a) give the biosecurity industry participant covered by the
transitional approved arrangement a notice under
subsection 413(1) of the Biosecurity Act (variation of an
approved arrangement) in relation to the arrangement; or
(b) suspend the transitional approved arrangement, or a part of
the arrangement; or
(c) revoke the transitional approved arrangement.
Note 1: The giving of a notice under subsection 413(1) of the Biosecurity Act would be permitted by paragraph 413(2)(f) of that Act.
Note 2: The powers given by paragraphs (2)(b) and (c) are in addition to the powers conferred by Parts 4 and 5 of Chapter 7 of the Biosecurity Act to suspend or revoke the transitional approved arrangement.
Suspension of all or part of transitional approved arrangement
(3) If the Director of Biosecurity proposes to suspend the transitional
approved arrangement, or a part of the arrangement, under
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paragraph (2)(b), the Biosecurity Act applies in relation to the proposed
suspension in the same way as it applies in relation to a proposed
suspension of an approved arrangement, or a part of an approved
arrangement, on a ground referred to in any of paragraphs 418(1)(a) to
(e) of that Act.
Note: See, in particular, subsections 418(2) to (4) of the Biosecurity Act.
(4) If the Director of Biosecurity suspends the transitional approved
arrangement, or a part of the arrangement, under paragraph (2)(b), the
Biosecurity Act applies in relation to the suspension as if it had been
done under subsection 418(1) of that Act on a ground referred to in any
of paragraphs 418(1)(a) to (e) of that Act.
Note 1: See, in particular, sections 419 to 421 of the Biosecurity Act.
Note 2: A decision to suspend the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act.
Revocation of transitional approved arrangement
(5) If the Director of Biosecurity proposes to revoke the transitional
approved arrangement under paragraph (2)(c), the Biosecurity Act
applies in relation to the proposed revocation in the same way as it
applies in relation to a proposed revocation of an approved arrangement
on a ground referred to in any of paragraphs 423(1)(a) to (e) of that Act.
Note: See, in particular, subsections 423(2) to (4) of the Biosecurity Act.
(6) If the Director of Biosecurity revokes the transitional approved
arrangement under paragraph (2)(c), the Biosecurity Act applies in
relation to the revocation as if it had been done under subsection 423(1)
of that Act.
Note 1: See, in particular, sections 424 to 426 of the Biosecurity Act.
Note 2: A decision to revoke the transitional approved arrangement under paragraph (2)(c) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act.
55 Compliance agreements suspended or cancelled before commencement day
(1) This item applies in relation to a compliance agreement if:
(a) the agreement was suspended before the commencement day;
or
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(b) a notice suspending or cancelling the agreement had been
given to the other party to the agreement before the
commencement day and the notice had not taken effect
before that day.
(2) The compliance agreement is taken to have been cancelled immediately
before the commencement day.
Note: The other party may make an application under section 405 of the Biosecurity Act for approval of a proposed arrangement to carry out biosecurity activities to manage biosecurity risks associated with specified goods, premises or other things.
(3) If:
(a) the other party to the compliance agreement had been
notified by a Director of Quarantine, in accordance with the
compliance agreement, of directions in relation to matters
covered by the compliance agreement; and
(b) the period during which the directions were required to be
complied with had not ended before the commencement day;
the other party must continue to comply with the directions as if the
compliance agreement had not been cancelled under subitem (2).
(4) Despite the repeal of the Quarantine Act by this Act, subsection 66B(7)
of that Act continues to apply in relation to the requirements imposed
on the other party by the directions referred to in subitem (3).
56 Applications to enter compliance agreement—no decision made before commencement day
(1) This item applies if:
(a) a person had made an application to a Director of Quarantine
to enter into a compliance agreement with the
Commonwealth under section 66B of the Quarantine Act;
and
(b) the Director of Quarantine had not made a decision on the
application before the commencement day.
(2) The application is taken, on and after the commencement day, to be an
application to the relevant Director, under section 405 of the
Biosecurity Act, for approval of a proposed arrangement that provides
for the applicant to carry out the procedures specified in the application
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to manage biosecurity risks associated with the goods or other things
specified in the application.
(3) Section 435 of the Biosecurity Act applies in relation to the application
as if it had been received by the relevant Director on the
commencement day.
(4) The following provisions of the Biosecurity Act do not apply in relation
to the application or the proposed arrangement:
(a) paragraph 406(2)(a) (requirements for proposed
arrangements);
(b) section 434 (requirements for applications);
(c) section 531 (requirement to provide personal information).
(5) Any requirement under the Biosecurity Act to pay a fee does not apply
in relation to the application.
(6) Section 410 of the Biosecurity Act applies in relation to the application
as if the following paragraphs were added at the end of subsection (1):
; or (c) an application by a person (also the first person) to enter into
a compliance agreement with the Commonwealth, under
section 66B of the Quarantine Act 1908 (as in force at any
time before that Act was repealed), was refused; or
(d) a compliance agreement entered into by the Commonwealth
and another person (the first person), under section 66B of
the Quarantine Act 1908 (as in force at any time before that
Act was repealed), was cancelled.
Division 3—General provisions relating to applications
57 Dealing with applications for renewal or extension
(1) This item applies in relation to the following applications:
(a) an application under item 48 for renewal of a transitional
approved arrangement;
(b) an application under item 53 to extend the period during
which a transitional approved arrangement remains in force.
(2) Section 435 of the Biosecurity Act applies in relation to an application
as if:
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(a) a reference to an application included a reference to an
application to which this item applies; and
(b) a reference to the relevant Director were a reference to the
Director of Biosecurity.
(3) Regulations may be made under this Schedule or the Biosecurity Act
for the purposes of section 435 of that Act as it applies because of this
item.
58 Fees relating to applications for renewal or extension of transitional approved arrangements
Section 592 of the Biosecurity Act applies in relation to activities
carried out by, or on behalf of, the Commonwealth in performing
functions and exercising powers under this Act in relation to either or
both of the following:
(a) an application under item 48 for renewal of a transitional
approved arrangement;
(b) an application under item 53 to extend the period during
which a transitional approved arrangement remains in force;
as if those activities were fee-bearing activities.
Note: This allows regulations to be made for the purposes of section 592 of the Biosecurity Act prescribing fees and other matters in relation to the activities referred to in this item.
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Part 6—Emergencies
59 Directions to manage epidemic
(1) Subitem (2) applies if a direction was in force immediately before the
commencement day under subsection 2B(2) of the Quarantine Act.
(2) Despite the repeal of the Quarantine Act by this Act:
(a) the direction continues to have effect; and
(b) subsections 2B(3) and (4) of that Act continue to apply in
relation to the direction.
(3) Subitem (4) applies if a direction was in force immediately before the
commencement day under an authorisation given under section 3 of the
Quarantine Act.
(4) Despite the repeal of the Quarantine Act by this Act:
(a) the direction continues to have effect; and
(b) subsections 3(9) and (10) of that Act continue to apply in
relation to the direction.
60 Directions to deal with emergency
(1) This item applies if a direction was in force immediately before the
commencement day under subsection 12A(1) of the Quarantine Act.
(2) Despite the repeal of the Quarantine Act by this Act:
(a) the direction continues in force; and
(b) subsection 12A(2) of that Act continues to apply in relation
to the direction.
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Part 7—Compliance and enforcement
61 Investigation of offences etc. against Quarantine Act
(1) Parts 1, 2, 3, 4 and 5, and Divisions 4 and 6 of Part 10, of Chapter 9
(and any related provisions) of the Biosecurity Act apply, with the
modifications set out in subitems (2) and (3):
(a) for the purpose of determining:
(i) whether the Quarantine Act has been, or is being,
complied with; or
(ii) whether information provided for the purposes of the
Quarantine Act is correct; or
(b) if a biosecurity enforcement officer has reasonable grounds
for suspecting that there may be on any premises:
(i) a thing with respect to which an offence against the
Quarantine Act has been committed or is suspected, on
reasonable grounds, to have been committed; or
(ii) a thing that there are reasonable grounds for suspecting
will afford evidence as to the commission of an offence
against the Quarantine Act; or
(iii) a thing that there are reasonable grounds for suspecting
is intended to be used for the purpose of committing an
offence against the Quarantine Act.
(2) The provisions of the Biosecurity Act mentioned in subitem (1) apply
under that subitem as if:
(a) in those provisions, except the ones mentioned in
paragraph (b), the expression “this Act” included the
Quarantine Act; and
(b) in item 5 of the tables in each of sections 489 and 490, and in
paragraph 498(1)(b), subsection 498(3) and sections 532 and
533, the expression “this Act” meant:
(i) Parts 1, 2, 3, 4 and 5 of Chapter 9 of the Biosecurity
Act, as those Parts apply because of this item; and
(ii) Parts 2 and 3 of the Regulatory Powers (Standard
Provisions) Act 2014, as they apply because of that
Chapter; and
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(c) the following premises were relevant premises for the
purposes of Division 2 of Part 5 of Chapter 9 of the
Biosecurity Act:
(i) premises where goods were treated or otherwise dealt
with in accordance with an approval under section 46A
of the Quarantine Act or a compliance agreement;
(ii) a landing place or port that was a first port of entry
under the Quarantine Act; and
(d) paragraphs 511(1)(c) and (3)(b) and (c) were omitted.
Note: Applying the provisions of the Biosecurity Act mentioned in subitem (1) as described in subitem (2) also applies Parts 2 and 3 of the Regulatory Powers (Standard Provisions) Act 2014 in relation to the Quarantine Act.
(3) A reference in Chapter 9 of the Biosecurity Act, as applying under this
item, to that Chapter, or a provision of that Chapter, is to be read as a
reference to that Chapter, or that provision, as it applies under this item.
62 Dealing with things seized under the Quarantine Act
(1) If:
(a) a thing had been seized under Part VIA of the Quarantine
Act; and
(b) the thing was being retained, in accordance with
section 66AS of the Quarantine Act, immediately before the
commencement day;
then sections 66, 67 and 68 of the Regulatory Powers (Standard
Provisions) Act 2014 apply in relation to the thing as if it had been
seized under Part 3 of that Act as it applies in relation to the Quarantine
Act because of this Part.
(2) An order authorising a person to keep a thing, that was in force under
subsection 66AT(2) of the Quarantine Act immediately before the
commencement day, has effect, on and after that day, as if it were an
order made under subsection 67(4) of the Regulatory Powers (Standard
Provisions) Act 2014 as it applies in relation to the Quarantine Act
because of this Part.
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Part 8—Governance and officials
63 Quarantine officers (animals) and quarantine officers (plants)
(1) This item applies in relation to a person if:
(a) the person was appointed to be a quarantine officer (animals),
or a quarantine officer (plants), or both, under
subsection 9AA(3) of the Quarantine Act; and
(b) the appointment was in force immediately before the
commencement day.
(2) The person is taken, at the beginning of the commencement day, to have
been duly authorised to be a biosecurity officer by the Director of
Biosecurity under subsection 545(1) of the Biosecurity Act.
64 Instruments continued by this Act that confer functions or powers on certain persons
(1) This item applies in relation to an instrument (however described) under
the Quarantine Act that continues to have effect because of this Act.
(2) A reference in the instrument that:
(a) is to a person mentioned in column 1 of an item of the
following table; and
(b) provides for the person to have a function or power;
has effect, in relation to the performance of the function, or the exercise
of the power, on or after the commencement day, as if it were a
reference to a person mentioned in column 2 of the item.
References in instruments to certain persons
Column 1
Person mentioned in instrument
Column 2
Person who has the function or
power on and after commencement
day
1 The Minister (however described)
administering the Quarantine Act
The Agriculture Minister
2 The Secretary (however described) of
the Department (however described)
The Director of Biosecurity
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References in instruments to certain persons
Column 1
Person mentioned in instrument
Column 2
Person who has the function or
power on and after commencement
day
administered by the Minister
mentioned in item 1 of this column
3 A Director of Quarantine (however
described)
The Director of Biosecurity
4 A quarantine officer (however
described)
A biosecurity officer
(3) If a person mentioned in column 1 of an item of the table in subitem (2)
had, under section 10, 10A or 10B of the Quarantine Act, delegated the
power that the instrument provided for him or her to have to a person,
subitem (2) has effect as if column 2 of the item included a reference to
that person for so long as that person is a biosecurity official.
65 Powers that may be exercised on board a conveyance
(1) This item applies if:
(a) immediately before the commencement day, a person who
was a quarantine officer was on board a conveyance as
permitted by paragraph 71(1)(a) of the Quarantine Act; and
(b) the conveyance is taken under item 32 to have become
subject to biosecurity control at the beginning of the
commencement day.
(2) If the person becomes a biosecurity officer by force of subitem 63(2),
the person may remain on the conveyance for the purpose of performing
functions or duties, or exercising powers, under the Biosecurity Act.
(3) If:
(a) the person had given the master of the conveyance a direction
under paragraph 71(1)(b) of the Quarantine Act; and
(b) the direction was in force immediately before the
commencement day;
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then the direction has effect, on and after the commencement day, as if
it were a direction given to the person in charge of the conveyance
under subsection 556(2) of the Biosecurity Act.
66 Directions to assist person performing functions etc.
(1) If:
(a) a person had been given a direction under
subsection 74DA(1) of the Quarantine Act to provide help in
relation to a conveyance or in relation to a person or thing on
a conveyance; and
(b) the direction was in force immediately before the
commencement day; and
(c) the conveyance is taken under item 32 to have become
subject to biosecurity control at the beginning of the
commencement day;
then the direction has effect, on and after the commencement day, as if
it were a direction given by a biosecurity official or a human biosecurity
official to the person under subsection 552(2) of the Biosecurity Act to
provide reasonable assistance to the official, or to any other person who
is performing functions or duties or exercising powers under that Act, in
relation to the conveyance or in relation to the person or thing on the
conveyance (as the case requires).
(2) If:
(a) a person had been requested under subsection 74E(1) of the
Quarantine Act to provide assistance in relation to imported
goods; and
(b) the request was in force immediately before the
commencement day; and
(c) the goods are subject to biosecurity control because of
item 3;
then the request has effect, on and after the commencement day, as if it
were a direction given by a biosecurity official or a human biosecurity
official to the person under subsection 552(1) of the Biosecurity Act to
provide reasonable assistance to the official, or to any other person who
is performing functions or duties or exercising powers under that Act, in
relation to the goods.
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67 Delegation and subdelegation of Director of Biosecurity’s functions and powers under this Act etc.
(1) Section 542 of the Biosecurity Act applies in relation to the Director of
Biosecurity’s functions and powers under this Act and the Quarantine
Act to the extent that it continues to apply because of this Act in the
same way as that section applies in relation to the Director’s powers and
functions under the Biosecurity Act.
(2) However, subitem (1) and section 542 of the Biosecurity Act do not
permit the subdelegation to a biosecurity officer or a biosecurity
enforcement officer of power under subsection 46A(11) of the
Quarantine Act as it continues to apply because of this Schedule.
68 Functions and powers of biosecurity officers and biosecurity enforcement officers
(1) Subsections 550(3), 551(1) and (3), 552(1) and (2), 553(1) and (2),
554(1) and (2) and 556(1) of the Biosecurity Act apply as if the
expression “this Act” in those subsections included:
(a) the Biosecurity (Consequential Amendments and Transitional
Provisions) Act 2015; and
(b) the Quarantine Act 1908 to the extent that it continues to
apply because of the Biosecurity (Consequential Amendments
and Transitional Provisions) Act 2015; and
(c) the Biosecurity Act 2015 as it applies because of the
Biosecurity (Consequential Amendments and Transitional
Provisions) Act 2015.
(2) Subsection 555(3) of the Biosecurity Act applies as if it included the
following paragraphs:
; or (c) under the Biosecurity (Consequential Amendments and
Transitional Provisions) Act 2015; or
(d) under the Quarantine Act 1908 to the extent that it continues
to apply because of the Biosecurity (Consequential
Amendments and Transitional Provisions) Act 2015; or
(e) under this Act as it applies because of the Biosecurity
(Consequential Amendments and Transitional Provisions)
Act 2015.
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69 Delegation of Agriculture Minister’s functions and powers under this Act etc.
Section 643 of the Biosecurity Act applies in relation to the Agriculture
Minister’s functions and powers under this Act and the Quarantine Act
to the extent that it continues to apply because of this Act in the same
way as that section applies in relation to the Agriculture Minister’s
powers and functions under the Biosecurity Act.
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Part 9—Miscellaneous
Division 1—Review of decisions
70 Review of decisions made under continued provisions of the Quarantine Act
Part 1 of Chapter 11 of the Biosecurity Act (about review of decisions)
applies as if decisions for which the following conditions are met were
reviewable decisions under that Act:
(a) the decisions are made after the commencement day under
provisions of the Quarantine Act that continue to apply
because of this Act;
(b) the decisions are prescribed as reviewable decisions by the
regulations;
(c) the regulations specify the persons who are the relevant
persons for the purposes of the application of the Biosecurity
Act under this item in relation to the decisions.
Division 2—Cost recovery
71 Sustenance for animals in quarantine
(1) If:
(a) the owner of an animal had agreed with the Commonwealth,
under subsection 63A(1) of the Quarantine Act, to provide
sustenance for the animal during all or part of a period during
which the animal was held, or was to be held, in a quarantine
station; and
(b) the agreement was in force immediately before the
commencement day; and
(c) the animal is subject to biosecurity control because of item 3;
then the agreement has effect, on and after the commencement day, as if
it were an agreement between the Commonwealth and the owner of the
animal under subsection 612(2) of the Biosecurity Act.
(2) If:
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(a) the owner of an animal had been given a direction, under
subsection 63A(2) of the Quarantine Act, to provide
sustenance for an animal during all or part of a period during
which the animal was held, or was to be held, in a quarantine
station; and
(b) the direction was in force immediately before the
commencement day; and
(c) the animal is subject to biosecurity control because of item 3;
then the direction has effect, on and after the commencement day, as if
it were a direction given to the owner of the animal under
subsection 612(4) of the Biosecurity Act.
72 Recovery of amounts by agent of master or owner of vessel
Despite the repeal of the Quarantine Act by this Act,
subsections 63AA(2) and (3) of that Act continue to apply in relation to
the liability of an agent of the master or owner of a vessel to make a
payment in respect of either or both of the following to the
Commonwealth on or after the commencement day, and in relation to
such a payment made by such an agent on or after that day:
(a) expenses connected with the performance of a service
referred to in paragraph 59A(1)(a), (b) or (c) of the
Quarantine Act;
(b) remuneration to be paid to a medical officer appointed by the
Minister under subsection 63(1) of that Act.
73 Quarantine expenses in relation to goods that were subject to quarantine
Despite the repeal of the Quarantine Act by this Act,
subsections 64(1AC) and (1AD) of that Act continue to apply in
relation to:
(a) the liability of an agent of an importer or owner of goods to
make a payment to the Commonwealth, on or after the
commencement day, in respect of expenses connected with
the performance of a service referred to in
paragraph 64(1)(a), (b), (c) or (d) of the Quarantine Act; and
(b) such a payment made by such an agent on or after that day.
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74 Sale of animals, plants or other goods to recover expenses
(1) This item applies in relation to expenses that were payable in respect of
a thing under section 64 of the Quarantine Act.
(2) If the Director of Animal and Plant Quarantine had not given the owner
of the thing a notice under subsection 66A(2) of that Act before the
commencement day, then the Director of Biosecurity must, as soon as
practicable after the commencement day, give the owner of the thing a
notice advising the owner of the matters referred to in
subsection 66A(2) of that Act.
(3) The Director of Biosecurity may sell the thing, and give full and
effective title to the thing free of all encumbrances and interests, if
either:
(a) both of the following apply:
(i) the owner of the thing had been given a notice under
subsection 66A(2) of the Quarantine Act, or is given a
notice under subitem (2), in relation to the thing;
(ii) at the end of 30 days after the notice was given,
expenses under section 64 of the Quarantine Act are
payable in respect of the thing; or
(b) all of the following apply:
(i) despite making reasonable efforts, the Director of
Animal and Plant Quarantine could not give a notice
under subsection 66A(2) of the Quarantine Act, and the
Director of Biosecurity could not give a notice under
subitem (2), to the owner of the thing;
(ii) the Director of Biosecurity has certified in writing to
that effect;
(iii) at the end of 30 days after the Director of Biosecurity
first attempted to give the notice, expenses under
section 64 of the Quarantine Act are payable in respect
of the thing.
(4) For the purpose of effecting a sale of the thing, the Director of
Biosecurity may, on behalf of the Commonwealth:
(a) take possession of the thing; and
(b) make and execute all necessary instruments and documents.
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(5) The proceeds of sale of the thing are to be applied against:
(a) the expenses of the sale; and
(b) the expenses payable under section 64 of the Quarantine Act
in respect of the thing;
and any remaining amount is to be paid to the owner of the thing.
(6) However, any remaining amount is forfeited to the Commonwealth at
the end of 30 days after the sale if the Director of Biosecurity:
(a) has not been able to locate the owner of the thing, despite
making reasonable efforts; and
(b) has certified to that effect in writing.
(7) Nothing in this item affects the right of the Commonwealth to recover
expenses by other means.
75 Fees and deposits
Fees
(1) The Biosecurity Act applies as if:
(a) the following were cost-recovery charges:
(i) fees required by a determination made for the purposes
of subsection 86E(1) of the Quarantine Act to be paid;
(ii) late payment fees required by a determination made for
the purposes of subsection 86E(2B) of the Quarantine
Act to be paid;
(iii) late payment fees prescribed by a regulation for the
purposes of subsection 13(1) of the Quarantine Charges
(Collection) Act 2014; and
(b) regulations for the purposes of the Biosecurity Act prescribed
that the time that a fee described in subparagraph (a)(i) is due
and payable is the end of the payment day worked out for the
fee under section 86E of the Quarantine Act (whether the
payment day is before, on or after the commencement day);
and
(c) regulations for the purposes of the Biosecurity Act prescribed
that the time that a late payment fee described in
subparagraph (a)(ii) or (iii) was due and payable was the
beginning of the commencement day; and
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(d) the person liable to pay an amount treated by
subparagraph (a)(i) or (ii) as a cost-recovery charge were the
person specified by a determination made for the purposes of
subsection 86E(2) of the Quarantine Act as the person by
whom the amount was payable; and
(e) the person liable to pay an amount treated by
subparagraph (a)(iii) as a cost-recovery charge were the
person prescribed by a regulation made for the purposes of
subsection 13(3) of the Quarantine Charges (Collection) Act
2014.
Note: Divisions 4 and 5 of Part 3 of Chapter 11 of the Biosecurity Act set out rules for recovery of cost-recovery charges, and allow regulations to provide for a late payment fee for a cost-recovery charge that is not paid by the time prescribed by the regulations as the time the charge is due and payable.
Deposits
(2) The Agriculture Minister must refund a booking fee, or deposit, (the old
fee or deposit) that was paid as required by a determination made for
the purposes of subsection 86E(2E) of the Quarantine Act, to the extent
that:
(a) the old fee or deposit was not refunded under
subsection 86E(2H) of the Quarantine Act, or forfeited or
returned under a determination made for the purposes of
subsection 86E(2F) of that Act, before the commencement
day; and
(b) regulations made for the purposes of paragraph 592(4)(a) of
the Biosecurity Act do not provide for the reduction of a
deposit relating to a fee-bearing activity on account of the old
fee or deposit.
Division 3—Miscellaneous
76 Hindering or preventing compliance
Despite the repeal of the Quarantine Act by this Act, subsection 67(6)
of that Act continues to apply.
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77 Compensation
Destroyed goods and premises
(1) Despite the repeal of the Quarantine Act by this Act, section 69A of that
Act (as modified by subitem (2)), and any approvals given under that
section, continue to apply in relation to any goods, or any premises
comprising buildings or other structures, that are destroyed under or in
accordance with the Quarantine Act (whether the destruction occurred
before, on or after the commencement day).
(2) Section 69A of the Quarantine Act applies under subitem (1) as if a
reference to the Minister were a reference to the Agriculture Minister,
within the meaning of the Biosecurity Act.
Acquisition of property
(3) Despite the repeal of the Quarantine Act by this Act, section 86F of that
Act continues to apply in relation to any acquisition of property from a
person resulting from the operation of the Quarantine Act (whether the
acquisition occurred before, on or after the commencement day).
78 Protection from civil proceedings
Section 644 of the Biosecurity Act applies in relation to functions and
powers conferred by this Act, the Quarantine Act to the extent that it
continues to apply because of this Act, the Biosecurity Act to the extent
that it applies because of this Act or an instrument under this Act or
either of those Acts, in the same way as that section applies in relation
to powers and functions conferred by the Biosecurity Act.
79 Summary proceedings relating to the Quarantine Act instituted on or after the commencement day
Section 86A of the Quarantine Act continues to apply in relation to
proceedings relating to the Quarantine Act (as it applied of its own force
or to the extent that it continues to apply because of this Act) that are
instituted on or after the commencement day.
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80 Jurisdiction in matters relating to the Quarantine Act
Section 86B of the Quarantine Act continues to apply in relation to
matters arising under that Act (as it applied of its own force or to the
extent that it continues to apply because of this Act).
81 Analysts appointed under the Quarantine Act
If:
(a) a person had been appointed to be an analyst for the purposes
of the Quarantine Act under subsection 86DA(1) of that Act;
and
(b) the appointment was in force immediately before the
commencement day;
then the person is taken, at the beginning of the commencement day, to
have been duly appointed to be an analyst by the Director of Biosecurity
under subsection 637(1) of the Biosecurity Act.
82 Certificate given by analyst before commencement day
(1) This item applies if:
(a) an analyst had given a certificate under subsection 86DA(2)
of the Quarantine Act before the commencement day in
respect of a substance or thing in relation to which an offence
against that Act was or is alleged to have been committed;
and
(b) either:
(i) proceedings for the offence had been instituted, but had
not been finally determined, before that day; or
(ii) proceedings for the offence had not been instituted
before that day.
(2) Despite the repeal of the Quarantine Act by this Act,
subsections 86DA(2) to (6) of that Act continue to apply in relation to
the certificate and proceedings for the offence.
83 Certificate given by analyst on or after commencement day relating to alleged offence against Quarantine Act
(1) This item applies if an analyst gives a certificate on or after the
commencement day in respect of a matter or thing in relation to which
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an offence against the Quarantine Act (as it applied of its own force or
as it continues to apply because of this Act) is or was alleged to have
been committed.
(2) Despite the repeal of the Quarantine Act by this Act,
subsections 86DA(2) to (6) of that Act (as modified by subitem (3))
continue to apply on and after the commencement day for the purposes
of any proceeding in relation to the offence.
(3) Subsections 86DA(2) to (6) of the Quarantine Act apply under
subitem (2) as if:
(a) a reference to an analyst were a reference to an analyst
appointed under subsection 637(1) of the Biosecurity Act;
and
(b) subsection (2) were amended by omitting “a form approved
by a Director of Quarantine” and substituting “a form
approved by the Director of Biosecurity (within the meaning
of the Biosecurity Act 2015)”; and
(c) paragraph (2)(a) were amended by omitting “subsection (1)”
and substituting “subsection 637(1) of the Biosecurity Act
2015”.
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Part 10—Regulations
84 Regulations may deal with transitional and other matters
(1) The Governor-General may make regulations prescribing matters that:
(a) are required or permitted by this Schedule to be prescribed by
the regulations; or
(b) are of a transitional nature (including prescribing any saving
or application provisions) relating to:
(i) the amendments or repeals made by this Act; or
(ii) the enactment of this Act or the Biosecurity Act 2015.
(2) Without limiting subitem (1), regulations made for the purpose of that
subitem may provide that provisions of the Biosecurity Act 2015, or this
Schedule, are taken to be modified as prescribed by the regulations.
Those provisions then have effect as if they were so modified.
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Endnotes
Endnote 1—About the endnotes
76 Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 77
Compilation No. 1 Compilation date: 20/9/17 Registered: 27/9/17
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
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Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Biosecurity
(Consequential
Amendments and
Transitional Provisions)
Act 2015
62, 2015 16 June
2015
Sch 1, 2 and 4: 16 June
2016 (s 2(1) items 2, 4)
Remainder: 16 June
2015 (s 2(1) items 1, 3)
Statute Update (Winter
2017) Act 2017
93, 2017 23 Aug
2017
Sch 2 (item 9): 20 Sept
2017 (s 2(1) item 4)
—
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Endnotes
Endnote 4—Amendment history
80 Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
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Endnote 4—Amendment history
Provision affected How affected
Schedule 3
item 1.............................................am No 93, 2017
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