Division 3A of Part 2 of Chapter 4 (entry requirements: persons entering Australian territory on board conveyances);

Part 1 of Chapter 8 (biosecurity emergencies).

the disease or pest poses an unacceptable level of biosecurity risk; and

the requirement is appropriate and adapted to prevent, or reduce the risk of, the disease or pest entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.

requirements for all individuals, or classes of individuals; and

requirements in relation to particular diseases or pests or classes of diseases or pests; and

(c) general requirements in relation to all specified diseases or pests; and

requirements relating to the manner in which an individual must comply with a requirement.

a requirement for an individual to provide a declaration or evidence as to whether the individual has been exposed to goods, conveyances, premises or other things specified in the determination;

a requirement for an individual to provide a declaration or evidence as to where the individual has been before entering Australian territory;

a requirement for an individual to provide a declaration or evidence as to whether the individual has undertaken specified activities during a specified period before entering Australian territory, and, if so, specified details about those activities;

a requirement for an individual to provide a declaration as to the individual’s intended destination or destinations in Australian territory during a specified period after entering Australian territory;

(e) a requirement for an individual to provide a declaration as to the individual’s intended work (whether paid or unpaid) or occupation during a specified period after entering Australian territory;

a requirement for an individual to be screened (whether by requiring the individual to be screened by equipment, by providing a declaration, or in any other way);

a requirement for an individual to move to a place, at the landing place or port, directed by a biosecurity officer (whether the direction is in relation to the individual or a class that includes the individual) for the purpose of a biosecurity officer assessing the level of biosecurity risk associated with either or both of the following:

the individual;

any goods the individual is bringing with them into Australian territory at the landing place or port.

the Director of Biosecurity; and

the Director of Human Biosecurity; and

the head (however described) of the State or Territory body that is responsible for the administration of matters relating to biosecurity in each State and Territory.

the disease or pest no longer poses an unacceptable biosecurity risk; or

a requirement determined in relation to the disease or pest is no longer appropriate and adapted to prevent, or reduce the risk of, the disease or pest entering, or establishing itself or spreading in, Australian territory or a part of Australian territory.

may cause a disease (other than a listed human disease), or pest, that is considered to pose an unacceptable level of biosecurity risk to enter, or emerge, establish itself or spread in, Australian territory or a part of Australian territory; or

may contribute to a disease or pest in relation to which paragraph (a) applies entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

banning or restricting a behaviour or practice;

requiring a behaviour or practice;

requiring a specified person to provide a specified report or keep specified records;

conducting specified tests on specified goods or specified conveyances.

the disease or pest poses an unacceptable level of biosecurity risk; and

the biosecurity measure is appropriate and adapted to prevent, or reduce the risk of, the disease or pest entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

the Director of Biosecurity; and

the Director of Human Biosecurity; and

the head (however described) of the State or Territory body that is responsible for the administration of matters relating to biosecurity in each State and Territory.

for an operator of the aircraft or vessel—1,000 penalty units; or

for the person in charge of the aircraft or vessel—300 penalty units.

if the aircraft or vessel is included in a class of aircraft or vessels that is prescribed by the regulations for the purposes of this paragraph; or

in the circumstances prescribed by the regulations for the purposes of this paragraph.

prescribe the circumstances in which the operator of an aircraft or vessel, that has given a report in relation to the aircraft or vessel under subsection 193(1) or (1A), must give a biosecurity officer further information in relation to that report; and

prescribe the kind of further information that the operator is required to give a biosecurity officer; and

prescribe when the operator must give that further information to a biosecurity officer.

the person is required to give information under regulations made for the purposes of subsection (1A); and

the person does not give the information to a biosecurity officer as required by those regulations.

the Agriculture Minister or the Health Minister;

the Agriculture Secretary or the Health Secretary;

the Director of Biosecurity or the Director of Human Biosecurity;

an APS employee in the Agriculture Department or the Health Department;

any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Agriculture Department or the Health Department;

any other person who is:

employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and

in a class of persons prescribed by regulations made for the purposes of this subparagraph.

(a) sensitive information (within the meaning of the Privacy Act 1988);

information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;

information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;

information the disclosure of which could reasonably be expected to prejudice the protection of public safety, human health or the environment;

information the disclosure of which could reasonably be expected to prejudice the security, defence or international relations of Australia;

information of a kind prescribed by regulations made for the purposes of this paragraph.

performing functions or duties, or exercising powers, under this Act; or

assisting another person to perform functions or duties, or exercise powers, under this Act.

prejudice the effective working of the Agriculture Department or the Health Department; or

otherwise harm the public interest.

the person is, or has been, an entrusted person or a person covered by subsection (2); and

the person has obtained or generated information in the course of or for the purposes of:

performing functions or duties, or exercising powers, under this Act; or

assisting another person to perform functions or duties, or exercise powers, under this Act; and

the information is protected information; and

the person uses or discloses the information.

(a) a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;

a biosecurity official;

a chief human biosecurity officer;

a human biosecurity officer;

a biosecurity industry participant or an officer or employee of a biosecurity industry participant;

a survey authority or an officer or employee of a survey authority;

a person who has carried out, or is carrying out, an audit under section 436.

this Act or another law of the Commonwealth; or

a law of a State or Territory prescribed by regulations made for the purposes of this paragraph.

in the purported performance of functions or duties, or the purported exercise of powers, under this Act; or

in assisting another person in the purported performance of the other person’s functions or duties, or the purported exercise of the other person’s powers, under this Act.

performing functions or duties, or exercising powers, under this Act; or

assisting another person to perform functions or duties, or exercise powers, under this Act.

a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;

a biosecurity official;

a chief human biosecurity officer;

a human biosecurity officer;

a biosecurity industry participant or an officer or employee of a biosecurity industry participant;

a survey authority or an officer or employee of a survey authority;

a person who has carried out, or is carrying out, an audit under section 436;

an issuing officer.

a risk covered by subsection (3);

the risk of contagion of a listed human disease;

the risk of listed human diseases entering Australian territory or a part of Australian territory, or emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;

human biosecurity emergencies.

a person employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth;

a biosecurity official;

a chief human biosecurity officer;

a human biosecurity officer;

a biosecurity industry participant or an officer or employee of a biosecurity industry participant.

the likelihood of a disease:

entering Australian territory or a part of Australian territory; or

emerging, establishing itself or spreading in Australian territory or a part of Australian territory; and

the potential for the disease to cause serious harm to human health.

the likelihood of a disease or pest:

entering the State or Territory or a part of the State or Territory; or

emerging, establishing itself or spreading in the State or Territory or a part of the State or Territory; and

the potential for any of the following:

the disease or pest to cause serious harm to human, animal or plant health in that State or Territory;

the disease or pest to cause serious harm to the environment in that State or Territory;

serious economic consequences in that State or Territory associated with the entry, emergence, establishment or spread of the disease or pest as mentioned in paragraph (a).

the government, authority, agency or body managing a risk covered by subsection (2); or

giving effect to Australia’s international obligations.

the likelihood of a disease or pest:

entering a foreign country or a part of a foreign country; or

emerging, establishing itself or spreading in a foreign country or a part of a foreign country; and

the potential for any of the following:

the disease or pest to cause harm to human, animal or plant health in that foreign country;

the disease or pest to cause harm to the environment in that foreign country;

economic consequences in that foreign country associated with the entry, emergence, establishment or spread of the disease or pest as mentioned in paragraph (a).

a court; or

a tribunal, authority or person that has the power to require the answering of questions or the production of documents;

the entrusted person reasonably believes that disclosing the information is necessary for:

the enforcement of the criminal law; or

the enforcement of a law imposing a pecuniary penalty; or

the protection of public revenue; and

the functions of the body include that enforcement or protection; and

for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:

is in force between the Commonwealth and the State or Territory; and

applies in relation to the information; and

for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.

a Commonwealth entity;

a State or Territory body;

the Australian Federal Police;

the police force or police service of a State or Territory.

use relevant information; or

disclose relevant information to an entrusted person; or

disclose relevant information to another person or body;

another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or

a body that is not a Commonwealth entity;

the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:

is in force between the Commonwealth and that person or body; and

applies in relation to the information; and

the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.

in the case of research, policy development or data analysis that could not proceed if personal information were de-identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or

otherwise—all reasonable steps have been taken to de-identify any personal information before the relevant information is disclosed.

the person has consented to the use or disclosure; and

the use or disclosure is in accordance with that consent.

that Director reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and

the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:

is in force between the Commonwealth and the State or Territory; and

applies in relation to the information; and

that Director is satisfied that the information will be used or further disclosed only in accordance with the agreement.

using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and

the threat has the potential to cause harm on a nationally significant scale.

the person is included in a class of persons prescribed by regulations made for the purposes of this paragraph; and

the use is for a purpose prescribed by regulations made for the purposes of this paragraph; and

the information is of a kind prescribed by regulations made for the purposes of this paragraph; and

the use complies with any conditions prescribed by regulations made for the purposes of this paragraph.

the person is included in a class of persons prescribed by regulations made for the purposes of this paragraph; and

the disclosure is for a purpose prescribed by regulations made for the purposes of this paragraph; and

the information is of a kind prescribed by regulations made for the purposes of this paragraph; and

the disclosure complies with any conditions prescribed by regulations made for the purposes of this paragraph.

that has been secured in accordance with a direction given under subsection 198(1) of that Act on or after the commencement of this item; or

in relation to which a direction relating to movement has been given under paragraph 202(1)(a) of that Act on or after the commencement of this item; or

that has been moved under paragraph 202(1)(b) of that Act on or after the commencement of this item; or

in relation to which a biosecurity control notice has been affixed under paragraph 203(1)(a) of that Act on or after the commencement of this item.

an APS employee in the Agriculture Department or Health Department; or

(b) a person who is an employee of an Agency (within the meaning of the Public Service Act 1999) and whose services are made available to the Agriculture Department or Health Department; or

a person who is:

engaged as a consultant or contractor to perform services for the Agriculture Department or Health Department; and

specified in a determination under subsection (2); or

a person who is:

engaged or employed by a person to whom paragraph (c) or this paragraph applies; and

performing services for the Agriculture Department or Health Department in connection with that engagement or employment; and

specified in a determination under subsection (3).

a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

the Director of Biosecurity:

must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

must consider the risk assessment; and

may also consider any other matters that the Director considers relevant; and

the Director of Human Biosecurity:

must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

must consider the risk assessment; and

may also consider any other matters that the Director considers relevant.

a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

the Director of Biosecurity:

must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

must consider the risk assessment; and

may also consider any other matters that the Director considers relevant; and

the Director of Human Biosecurity:

must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

must consider the risk assessment; and

may also consider any other matters that the Director considers relevant.

a risk assessment must be conducted in relation to the goods by a biosecurity worker; and

the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.

the risk assessment that was conducted in relation to the goods; and

a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

the Director of Biosecurity must consider the risk assessment; and

the Director of Biosecurity may also consider any other matters that the Director considers relevant.

recovering costs under this Act; and

arrangements and grants for dealing with risks posed by diseases or pests; and

activities or research relating to identifying, preventing, preparing for or managing biosecurity risks;

activities in or outside Australian territory relating to dealing with the risk covered by subsection (2), including, but not limited to, improving the capacity of foreign countries to respond to or manage that risk;

activities relating to communicating information in or outside Australian territory about the identification of, prevention of, preparation for or management of:

biosecurity risks; or

the risk covered by subsection (2);

activities relating to supporting or enhancing State or Territory or industry-led biosecurity incident response programs, or biosecurity incident recovery programs, dealing with biosecurity risks;

activities relating to identifying or managing established pests or established diseases to stop the spread of such pests or diseases;

activities relating to furthering the objects of this Act;

a matter that is incidental or ancillary to an activity covered by paragraph (a), (b), (c), (d), (e) or (f).

the likelihood of a disease or pest:

entering a foreign country or a part of a foreign country; or

emerging, establishing itself or spreading in a foreign country or a part of a foreign country; and

the potential for any of the following:

the disease or pest to cause harm to human, animal or plant health in that foreign country;

the disease or pest to cause harm to the environment in that foreign country;

economic consequences in that foreign country associated with the entry, emergence, establishment or spread of the disease or pest as mentioned in paragraph (a).

the granting of financial assistance to a State or Territory; or

a Territory.

the total of the amounts paid in that period under arrangements or grants referred to in section 614B of this Act that were made by the Agriculture Minister;

the total number of such arrangements or grants that were made by the Agriculture Minister in that period.

the total of the amounts paid in that period under arrangements or grants referred to in section 614B of this Act that were made by the Health Minister;

the total number of such arrangements or grants that were made by the Health Minister in that period.

the Health Secretary; or

an SES employee, or acting SES employee, in the Health Department; or

an SES employee, or acting SES employee, in a Department of State of the Commonwealth other than the Health Department.

the Health Secretary; or

an SES employee, or acting SES employee, in the Health Department.

a biosecurity industry participant, who is authorised to release the goods in accordance with an approved arrangement covering the biosecurity industry participant:

unless subparagraph (ii) applies, gives a written notice, or gave a written notice before the goods became subject to biosecurity control, to a person in charge of the goods releasing the goods from biosecurity control; or

if the biosecurity industry participant is, or will be, a person in charge of the goods—makes a written declaration, or made a written declaration before the goods became subject to biosecurity control, releasing the goods from biosecurity control; or

a revocation that is given in writing under subsection (1) or (2);

a revocation under subsection (2A).

the duration of the arrangement (see section 409).

comes into force:

on the day the notice is given under subsection 408(1), unless subparagraph (ii) applies; or

if a later day is specified in that notice—on that later day; and

unless revoked earlier, remains in force:

indefinitely, unless subparagraph (ii) applies; or

if that notice specifies the period for which the arrangement is to be in force—for that period.

inspect or examine a document, record or thing produced under subsection (1);

make copies of the document or record;

make a sketch, still or moving image or recording of the document, record or thing.

in accordance with subsections 634(1A) and (1B), a claim for compensation is made to the Director alleging that the goods have been damaged by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

the Director is satisfied that the circumstances of the alleged damage are circumstances in relation to which it may be appropriate to give such an approval; and

the Director is satisfied that the goods have been damaged by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

in a case where the Director is satisfied that the goods have been damaged by a biosecurity industry participant—the Director is satisfied that the damage occurred solely:

as a result of the biosecurity industry participant complying with a direction given to the biosecurity industry participant under this Act by a biosecurity officer, the Director, the Director of Human Biosecurity, the Agriculture Minister or the Health Minister; or

as a result of the biosecurity industry participant complying with a condition to which the approved arrangement concerned is subject.

the nature and extent of the damage;

the circumstances in which the damage occurred;

the condition of the goods before the damage occurred;

whether the goods were subject to biosecurity control at the time the damage occurred;

whether a biosecurity industry participant was in possession or control of the goods at the time the damage occurred;

whether the actions or omissions of any person, including the claimant, caused, or contributed to, the damage;

any evidence provided by the claimant in relation to a matter covered by paragraph (a), (b), (c), (d), (e) or (f);

any other matter the Director considers relevant.

in accordance with subsections 634(1A) and (1B), a claim for compensation is made to the Director alleging that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

the Director is satisfied that the circumstances of the alleged destruction are circumstances in relation to which it may be appropriate to give such an approval; and

the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a person in the course of performing functions or duties, or exercising powers, under this Act or by a biosecurity industry participant; and

in a case where the Director is satisfied that the goods, conveyances or premises comprising buildings or other structures have been destroyed by a biosecurity industry participant—the Director is satisfied that the destruction occurred solely:

as a result of the biosecurity industry participant complying with a direction given to the biosecurity industry participant under this Act by a biosecurity officer, the Director, the Director of Human Biosecurity, the Agriculture Minister or the Health Minister; or

as a result of the biosecurity industry participant complying with a condition to which the approved arrangement concerned is subject.

the nature of the destruction;

the circumstances in which the destruction occurred;

the condition of the goods, conveyances or premises comprising buildings or other structures before the destruction occurred;

in the case of the destruction of goods or conveyances—whether the goods or conveyances were subject to biosecurity control at the time the destruction occurred;

in the case of the destruction of goods or conveyances—whether a biosecurity industry participant was in possession or control of the goods or conveyances at the time the destruction occurred;

whether the actions or omissions of any person, including the claimant, caused, or contributed to, the destruction;

any evidence provided by the claimant in relation to a matter covered by paragraph (a), (b), (c), (d), (e) or (f);

any other matter the Director considers relevant.

the period of 12 months beginning on the day on which the damage or destruction occurred, unless paragraph (b) applies; or

if, when the damage or destruction occurred, the owner did not know that the damage or destruction had occurred—the period of 12 months beginning on:

the day on which the owner became aware of the damage or destruction, unless subparagraph (ii) applies; or

if the day on which the owner would have become aware of the damage or destruction if the owner had exercised due diligence is earlier than the day referred to in subparagraph (i)—that earlier day.

if a form is approved in an instrument under subsection (1C)—be in that form; and

be accompanied by the documents (if any) prescribed by the regulations; and

specify the compensable item; and

specify the day on which the owner became aware of the damage or destruction; and

specify the circumstances of the damage or destruction.

the person brings or imports goods into Australian territory; and

the goods are conditionally non-prohibited goods; and

a condition in relation to the goods specified in a determination in force under subsection 174(1) has not been complied with; and

the goods are concealed for the purpose of preventing the goods from being found, or preventing the true nature of the goods from being determined, by a biosecurity official.

concealing or disguising the goods on a person, within any clothing worn by the person, within any other object located on the person or within any other object not located on the person (including by sewing, gluing, fastening, binding, wrapping, covering, enveloping or packaging the goods);

(b) incorrectly marking or labelling the goods or any packaging or container in which the goods are located;

altering the goods (including by changing or suppressing the appearance, texture, smell or sound of the goods).

did not do the act, or omit to do the act, that constituted the failure to comply with the condition referred to in paragraph (1)(c); and

did not aid, abet, counsel or procure that act or omission; and

was not in any way knowingly concerned in, or party to, that act or omission (whether directly or indirectly and whether by any act or omission of the person).

20 penalty units where the person is an individual; or

100 penalty units where the person is a body corporate.