BIOSECURITY AMENDMENT (STRENGTHENING BIOSECURITY) BILL 2022

2022

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Biosecurity Amendment (Strengthening

Biosecurity) Bill 2022

No. , 2022

(Agriculture, Fisheries and Forestry)

A Bill for an Act to amend the Biosecurity Act 2015,

and for related purposes

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Increasing protection from diseases and pests

Part 1--Entry requirements

Biosecurity Act 2015

Part 2--Preventative biosecurity measures

Biosecurity Act 2015

Schedule 2--Pratique and pre-arrival reporting

Part 1--Pratique

Biosecurity Act 2015

Part 2--Pre-arrival reporting

Biosecurity Act 2015

Schedule 3--Information management

Biosecurity Act 2015

Schedule 4--Strengthening penalties

Part 1--Managing biosecurity risks: goods

Biosecurity Act 2015

Part 2--Managing biosecurity risks: conveyances

Biosecurity Act 2015

Schedule 5--Risk assessment

Biosecurity Act 2015

Schedule 6--Arrangements and grants for dealing with risks

posed by diseases or pests

Biosecurity Act 2015

Schedule 7--Approved arrangements and compensation

Part 1--Release of goods from biosecurity control

Biosecurity Act 2015

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 2--Duration of approved arrangements

Biosecurity Act 2015

Part 3--Directions to biosecurity industry participants after

expiry of approved arrangements

Biosecurity Act 2015

Part 4--Audit powers for auditing of approved arrangements

Biosecurity Act 2015

Part 5--Compensation for damaged goods or destroyed goods,

conveyances or other premises

Biosecurity Act 2015

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

A Bill for an Act to amend the Biosecurity Act 2015,

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Biosecurity Amendment (Strengthening

Biosecurity) Act 2022

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.

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

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.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedule 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

4. Schedule 3

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

5. Schedules 4 to

The day after this Act receives the Royal

Assent.

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.

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.

Increasing protection from diseases and pests

Schedule 1

Entry requirements

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 1--Increasing protection from

diseases and pests

Part 1--Entry requirements

Biosecurity Act 2015

1 Section 3 (paragraph dealing with Chapter 4)

After "Powers may be exercised to assess the level of biosecurity risk

associated with them, and biosecurity measures may be required to

reduce that risk if it is considered to be unacceptable.", insert

"Requirements may also be determined for persons entering Australian

territory on an incoming conveyance, in connection with diseases and

pests that are considered to pose an unacceptable level of biosecurity

risk.".

2 Subsection 25(1)

Omit "(other than Part 1 of Chapter 8 (biosecurity emergencies)) applies

in relation to a pest", substitute "applies in relation to a pest (subject to

subsection (2))".

3 Subsection 25(2)

Repeal the subsection, substitute:

(2) The following provisions of this Act apply only in relation to a pest

that is referred to in paragraph (1)(a):

(a) Division 3A of Part 2 of Chapter 4 (entry requirements:

persons entering Australian territory on board conveyances);

(b) Part 1 of Chapter 8 (biosecurity emergencies).

4 Section 190 (after the paragraph dealing with Division 3)

Insert:

Division 3A allows the Agriculture Minister to determine

requirements, for persons entering Australian territory on an

incoming aircraft or vessel, in connection with diseases and pests

Schedule 1

Increasing protection from diseases and pests

Part 1

Entry requirements

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

that are considered to pose an unacceptable level of biosecurity

risk.

5 After Division 3 of Part 2 of Chapter 4

Insert:

Division 3A--Entry requirements: persons entering

Australian territory on board conveyances

196A Persons on incoming aircraft or vessel may be subject to

requirements relating to diseases or pests

(1) This section applies for the purposes of preventing, or reducing the

risk of, a disease or pest that is considered to pose an unacceptable

level of biosecurity risk entering, or establishing itself or spreading

in, Australian territory or a part of Australian territory.

Note:

This Division does not apply in relation to invasive pests (see

subsection 25(2)).

(2) The Agriculture Minister may determine one or more requirements

for individuals who are entering Australian territory at a landing

place or port in accordance with Division 2 or 3 of Part 4 of this

Chapter.

Note:

An individual who fails to comply with a requirement may contravene

a civil penalty provision (see section 196C).

(3) The determination must specify the disease or pest referred to in

subsection (1).

(4) A determination made under subsection (2) is a legislative

instrument, but section 42 (disallowance) of the

Legislation Act

2003

does not apply to the instrument.

(5) A requirement must not be specified in a determination unless the

Agriculture Minister is satisfied that:

(a) the disease or pest poses an unacceptable level of biosecurity

risk; and

(b) the requirement is appropriate and adapted to prevent, or

reduce the risk of, the disease or pest entering, or establishing

Increasing protection from diseases and pests

Schedule 1

Entry requirements

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

itself or spreading in, Australian territory or a part of

Australian territory.

Where requirements apply

(6) The determination must specify where the requirements apply.

Kinds of requirements that may be specified

(7) Without limiting subsection (2), the determination may specify:

(a) requirements for all individuals, or classes of individuals; and

(b) requirements in relation to particular diseases or pests or

classes of diseases or pests; and

all specified diseases or

pests; and

(d) requirements relating to the manner in which an individual

must comply with a requirement.

(8) Without limiting subsection (2), the determination may specify one

or more of the following requirements:

(a) 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;

(b) a requirement for an individual to provide a declaration or

evidence as to where the individual has been before entering

Australian territory;

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;

(d) 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;

Schedule 1

Increasing protection from diseases and pests

Part 1

Entry requirements

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(f) 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);

(g) 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:

(i) the individual;

(ii) any goods the individual is bringing with them into

Australian territory at the landing place or port.

Note 1:

A person may commit an offence or contravene a civil penalty

provision if the person provides false or misleading information or

documents (see sections 137.1 and 137.2 of the

Criminal Code

and

sections 532 and 533 of this Act).

Note 2:

This section is not subject to the privilege against self-incrimination

(see section 635).

Consultations before making determination

(9) Before making a determination, the Agriculture Minister must

consult with:

(a) the Director of Biosecurity; and

(b) the Director of Human Biosecurity; and

that is responsible for the administration of matters relating

to biosecurity in each State and Territory.

(10) A failure by the Agriculture Minister to comply with subsection (9)

does not affect the validity of the determination.

196B Varying and revoking requirements

(1) The Agriculture Minister must vary or revoke a determination in

force under section 196A in relation to a disease or pest if the

Agriculture Minister is satisfied that:

(a) the disease or pest no longer poses an unacceptable

biosecurity risk; or

Increasing protection from diseases and pests

Schedule 1

Entry requirements

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(b) 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.

(2) An instrument that varies or revokes a determination made under

section 196A is a legislative instrument, but section 42

(disallowance) of the

Legislation Act 2003

does not apply to the

instrument.

(3) This section does not limit the application of subsection 33(3) of

the

Acts Interpretation Act 1901

in relation to a determination in

force under section 196A.

196C Civil penalty for failing to comply with requirement

An individual to whom a requirement determined under

section 196A applies must comply with the requirement.

Note:

This section is not subject to the privilege against self-incrimination

(see section 635).

Civil penalty:

120 penalty units.

6 Division 4 of Part 2 of Chapter 4 (at the end of the heading)

Add "

associated with

conveyances

7 Division 5 of Part 2 of Chapter 4 (at the end of the heading)

Add "

associated with conveyances

8 Subsection 523(1) (after table item 10)

Insert:

10A

Section 196C

9 Paragraph 635(1)(c)

After "196,", insert "196C,".

Schedule 1

Increasing protection from diseases and pests

Part 2

Preventative biosecurity measures

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 2--Preventative biosecurity measures

Biosecurity Act 2015

10 After paragraph 311(d)

Insert:

; and (e) to provide for biosecurity measures to be taken for the

purposes of preventing behaviours or practices that may

cause, or contribute to, the entry into, or the emergence,

establishment or spread in, Australian territory or a part of

Australian territory of diseases (other than listed human

diseases), or pests, that are considered to pose an

unacceptable level of biosecurity risk.

11 After Part 6 of Chapter 6

Insert:

Part 6A--Preventative biosecurity measures

Division 1--Introduction

393A Simplified outline of this Part

The Agriculture Minister may determine certain biosecurity

measures for the purposes of preventing a specified behaviour or

practice that causes, or contributes to, the entry into, or the

emergence, establishment or spread in, Australian territory or a

part of Australian territory of a specified disease (other than a

listed human disease), or pest, that is considered to pose an

unacceptable level of biosecurity risk.

Increasing protection from diseases and pests

Schedule 1

Preventative biosecurity measures

Part 2

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Division 2--Preventative biosecurity measures

393B Determining preventative biosecurity measures

(1) This section applies for the purposes of preventing a behaviour or

practice that:

(a) 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

(b) 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.

Note:

For preventative biosecurity measures relating to listed human

diseases, see section 51.

(2) The Agriculture Minister may make a determination that specifies

any one or more of the following biosecurity measures to be taken

by specified classes of persons:

(a) banning or restricting a behaviour or practice;

(b) requiring a behaviour or practice;

keep specified records;

(d) conducting specified tests on specified goods or specified

conveyances.

Note:

A person who fails to comply with a biosecurity measure may

contravene a civil penalty provision (see section 393C).

(3) The determination must specify the behaviour or practice, and the

disease or pest, referred to in subsection (1).

(4) A determination made under subsection (2) is a legislative

instrument, but section 42 (disallowance) of the

Legislation Act

2003

does not apply to the instrument.

(5) A biosecurity measure must not be specified in a determination

unless the Agriculture Minister is satisfied that:

Schedule 1

Increasing protection from diseases and pests

Part 2

Preventative biosecurity measures

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(a) the disease or pest poses an unacceptable level of biosecurity

risk; and

(b) 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.

Period of determination

(6) A determination must specify the period during which it is in force,

which must not be more than 1 year.

Consultations before making determination

(7) Before making a determination, the Agriculture Minister must

consult with:

(a) the Director of Biosecurity; and

(b) the Director of Human Biosecurity; and

that is responsible for the administration of matters relating

to biosecurity in each State and Territory.

(8) A failure by the Agriculture Minister to comply with subsection (7)

does not affect the validity of the determination.

393C Civil penalty for failing to comply with a preventative

biosecurity measure

A person to whom a biosecurity measure specified in accordance

with subsection 393B(2) applies must comply with the biosecurity

measure.

Civil penalty:

120 penalty units.

12 Subsection 523(1) (after table item 37)

Insert:

37A

Section 393C

Pratique and pre-arrival reporting

Schedule 2

Pratique

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 2--Pratique and pre-arrival

reporting

Part 1--Pratique

Biosecurity Act 2015

1 Subsection 48(1)

After "An operator of an incoming aircraft or vessel", insert ", or the

person in charge of an incoming aircraft or vessel,".

2 Subsection 48(1) (penalty)

Repeal the penalty, substitute:

Civil penalty:

(a) for an operator of the aircraft or vessel--1,000 penalty units;

(b) for the person in charge of the aircraft or vessel--300 penalty

units.

3 Application provision

The amendments of section 48 of the

Biosecurity Act 2015

made by this

Part apply in relation to an incoming aircraft or vessel that arrives at a

landing place or port in Australian territory on or after the

commencement of this item.

Schedule 2

Pratique and pre-arrival reporting

Part 2

Pre-arrival reporting

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 2--Pre-arrival reporting

Biosecurity Act 2015

4 Before subsection 193(1)

Insert:

Initial report

5 After subsection 193(1)

Insert:

Other reports

(1A) The operator of the aircraft or vessel must give one or more other

reports, as required by the regulations, in relation to the aircraft or

vessel:

(a) 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

(b) in the circumstances prescribed by the regulations for the

purposes of this paragraph.

6 Before subsection 193(2)

Insert:

Requirements for reports

7 Subsection 193(2)

Omit "The report", substitute "A report under this section".

8 Paragraph 193(4)(a)

After "subsection (1)", insert "or (1A)".

9 Subsection 193(5) (penalty)

Omit "120", substitute "1,000".

Pratique and pre-arrival reporting

Schedule 2

Pre-arrival reporting

Part 2

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

10 Subsection 193(6) (penalty)

Omit "120", substitute "1,000".

11 Section 194 (heading)

Repeal the heading, substitute:

194 Pre-arrival reporting--requirement to give more information

12 Paragraph 194(1)(a)

Omit "section 193", substitute "subsection 193(1) or (1A)".

13 After subsection 194(1)

Insert:

(1A) The regulations may:

(a) 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

(b) prescribe the kind of further information that the operator is

required to give a biosecurity officer; and

information to a biosecurity officer.

Note 1:

A person may commit an offence or contravene a civil penalty

provision if the person provides false or misleading information or

documents (see sections 137.1 and 137.2 of the

Criminal Code

and

sections 532 and 533 of this Act).

Note 2:

The obligation in this subsection applies whether or not the operator

of the aircraft or vessel is in Australian territory when the operator of

the aircraft or vessel is required to give the further information (see

subsection (5)).

14 After subsection 194(2)

Insert:

(2A) A person contravenes this subsection if:

(a) the person is required to give information under regulations

made for the purposes of subsection (1A); and

Schedule 2

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Pre-arrival reporting

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(b) the person does not give the information to a biosecurity

officer as required by those regulations.

Note:

The physical elements of an offence against subsection (3) are set out

in this subsection (see section 534).

15 Subsection 194(3)

Omit "subsection (2)", substitute "subsection (2) or (2A)".

16 Subsection 194(3) (penalty)

Omit "120", substitute "1,000".

17 Subsection 194(4)

Omit "subsection (2)", substitute "subsection (2) or (2A)".

18 Subsection 194(4) (penalty)

Omit "120", substitute "1,000".

19 Subsection 194(5)

After "Subsections (2),", insert "(2A),".

20 Subsection 195(1)

After "193(1)(a)", insert ", or a report under subsection 193(1A) where

paragraph 193(1)(a) applies,".

21 Application provisions

(1)

Subsection 193(1A) of the

Biosecurity Act 2015

, as inserted by this

Part, applies to an aircraft or vessel in relation to which a report is

required to be given under subsection 193(1) of that Act on or after the

commencement of this item.

(2)

The amendments of subsections 193(5) and (6) of the

Biosecurity Act

2015

made by this Part apply in relation to a person required to give a

report under subsection 193(1) or (1A) of that Act on or after the

commencement of this item.

(3)

The amendments of section 194 of the

Biosecurity Act 2015

made by

this Part apply in relation to a report given under subsection 193(1) or

(1A) of that Act on or after the commencement of this item.

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Schedule 3--Information management

Biosecurity Act 2015

1 Section 3

(paragraph beginning "Chapter 11")

Omit "the confidentiality of information obtained", substitute

"managing information obtained or generated".

2 Section 9

Before "In this Act", insert "(1)".

3 Section 9 (definition of commercial-in-confidence)

Repeal the definition.

4 Section 9 (definition of Commonwealth body)

After "an authority", insert "or agency".

5 Section 9

Insert:

Commonwealth entity

has the same meaning as in the

Public

Governance, Performance and Accountability Act 2013

de-identified

, in relation to personal information, has the same

meaning as in the

Privacy Act 1988

entrusted person

means any of the following:

(a) the Agriculture Minister or the Health Minister;

(b) the Agriculture Secretary or the Health Secretary;

Biosecurity;

(d) an APS employee in the Agriculture Department or the

Health Department;

(e) 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;

(f) any other person who is:

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(i) employed or engaged by the Commonwealth or a body

corporate that is established by a law of the

Commonwealth; and

(ii) in a class of persons prescribed by regulations made for

the purposes of this subparagraph.

6 Section 9 (definition of permissible purpose)

Repeal the definition.

7 Section 9 (definition of protected information)

Repeal the definition, substitute:

protected information

means information of any of the following

kinds obtained or generated by a person:

(a) sensitive information (within the meaning of the

Privacy Act

1988

);

(b) 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;

expected to prejudice the prevention, detection, investigation,

prosecution or punishment of one or more offences;

(d) information the disclosure of which could reasonably be

expected to prejudice the protection of public safety, human

health or the environment;

(e) information the disclosure of which could reasonably be

expected to prejudice the security, defence or international

relations of Australia;

(f) information of a kind prescribed by regulations made for the

purposes of this paragraph.

8 Section 9

Insert:

relevant information

means information obtained or generated by

a person in the course of or for the purposes of:

(a) performing functions or duties, or exercising powers, under

this Act; or

Schedule 3

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Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

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(b) assisting another person to perform functions or duties, or

exercise powers, under this Act.

9 Section 9 (definition of State or Territory body)

After "an authority", insert "or agency".

10 At the end of section 9

Add:

(2) Before the Governor-General makes regulations for the purposes of

paragraph (f) of the definition of

protected information

subsection (1) to prescribe a kind of information, the Agriculture

Minister or the Health Minister must be satisfied that disclosure of

that kind of information would or could reasonably be expected to:

(a) prejudice the effective working of the Agriculture

Department or the Health Department; or

(b) otherwise harm the public interest.

11 Section 15

Repeal the section.

12 Paragraph 255(1)(i)

Omit "section 580", substitute "Division 3 of Part 2 of Chapter 11".

13 Subsection 523(1) (after table item 45)

Insert:

45A

Subsection 580(6)

14 Subsection 542(3) (after table item 26AA)

Insert:

26AB

To use or disclose relevant information

Sections 582 to 590 and

section 590G

15 Part 2 of Chapter 11 (heading)

Repeal the heading, substitute:

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Part 2--Information management

16 Section 579

Repeal the section, substitute:

579 Simplified outline of this Part

Entrusted persons and certain other persons may commit an

offence or be liable to a civil penalty if they use or disclose

protected information other than in accordance with this Part.

Entrusted persons and certain other persons can use or disclose

information (referred to as relevant information) obtained or

generated under this Act in accordance with this Part.

Note 1:

Each provision in Division 3 provides an authorisation for the

purposes of the

Privacy Act 1988

and other laws.

Note 2:

Nothing in this Part prevents the Commonwealth from making

agreements or other arrangements to impose conditions on the use or

disclosure of relevant information by a person or body who obtains

the information as result of a disclosure authorised under Division 3.

17 Division 2 of Part 2 of Chapter 11 (heading)

Repeal the heading, substitute:

Division 2--Offences and civil penalties

18 Section 580

Repeal the section, substitute:

Subdivision A--Unauthorised use or disclosure of protected

information

580 Use or disclosure of protected information

Unauthorised use or disclosure

(1) A person contravenes this subsection if:

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(a) the person is, or has been, an entrusted person or a person

covered by subsection (2); and

(b) the person has obtained or generated information in the

course of or for the purposes of:

(i) performing functions or duties, or exercising powers,

under this Act; or

(ii) assisting another person to perform functions or duties,

or exercise powers, under this Act; and

(d) the person uses or discloses the information.

Note:

The physical elements of offences against subsections (5) and (6) are

set out in this subsection (see section 534).

(2) The following persons are covered by this subsection:

(a) a person employed or engaged by the Commonwealth

or a

body corporate that is established by a law of the

Commonwealth;

(b) a biosecurity official;

(d) a human biosecurity officer;

(e) a biosecurity industry participant or an officer or employee of

a biosecurity industry participant;

(f) a survey authority or an officer or employee of a survey

authority;

(g) a person who has carried out, or is carrying out, an audit

under section 436.

Exception--required or authorised by law

(3) Subsection (1) does not apply if the use or disclosure of the

information is required or authorised by:

(a) this Act or another law of the Commonwealth; or

(b) a law of a State or Territory prescribed by regulations made

for the purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

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Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Exception--good faith

(4) Subsection (1) does not apply if the person uses or discloses the

information in good faith:

(a) in the purported performance of functions or duties, or the

purported exercise of powers, under this Act; or

(b) 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.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection (see subsection 13.3(3) of the

Criminal Code

and

section 96 of the Regulatory Powers Act).

Fault-based offence

(5) A person commits an offence if the person contravenes

subsection (1).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Strict liability offence

(6) A person commits an offence of strict liability if the person

contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(7) A person is liable to a civil penalty if the person contravenes

subsection (1).

Civil penalty:

120 penalty units.

19 Before section 581

Insert:

Subdivision B--Other matters

20 Section 581 (heading)

Omit "

Use in accordance with section 580 does not contravene

laws

", substitute "

Protection from liability

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

21 Subsection 581(1) (heading)

After "

use

", insert "

or disclosure

22 Subsection 581(1)

Omit "making a record of, or disclosing or using, information in

accordance with section 580", substitute "using or disclosing relevant

information in accordance with section 582 or 590G".

23 Subsection 581(3) (heading)

After "

use

", insert "

or disclosure

24 Subsection 581(3)

Omit "making a record of, or disclosing or using, information in

accordance with section 580", substitute "using or disclosing relevant

information in accordance with Division 3".

25 Subsection 581(4) (heading)

After "

use

", insert "

or disclosure

26 Subsection 581(4)

Omit "making a record of, or disclosing or using, information in

accordance with section 580", substitute "using or disclosing relevant

information in accordance with Division 3".

27 Sections 582 to 590

Repeal the sections, substitute:

Division 3--Authorised uses and disclosures of relevant

information

Subdivision A--Authorised uses and disclosures by entrusted

person or other persons

582 Use or disclosure for the purposes of this Act

(1) An entrusted person or a person covered by subsection (2) may use

or disclose relevant information in the course of or for the purposes

of:

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(a) performing functions or duties, or exercising powers, under

this Act; or

(b) assisting another person to perform functions or duties, or

exercise powers, under this Act.

(2) The following persons are covered by this subsection:

(a) a person employed or engaged by the Commonwealth or a

body corporate that is established by a law of the

Commonwealth;

(b) a biosecurity official;

(d) a human biosecurity officer;

(e) a biosecurity industry participant or an officer or employee of

a biosecurity industry participant;

(f) a survey authority or an officer or employee of a survey

authority;

(g) a person who has carried out, or is carrying out, an audit

under section 436;

(h) an issuing officer.

583 Use or disclosure for the purposes of managing human health

risks

(1) An entrusted person or a person covered by subsection (2) may use

or disclose relevant information for the purpose of managing one

or more of the following:

(a) a risk covered by subsection (3);

(b) the risk of contagion of a listed human disease;

or a part of Australian territory, or emerging, establishing

themselves or spreading in Australian territory or a part of

Australian territory;

(d) human biosecurity emergencies.

(2) The following persons are covered by this subsection:

(a) a person employed or engaged by the Commonwealth or a

body corporate that is established by a law of the

Commonwealth;

(b) a biosecurity official;

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(d) a human biosecurity officer;

(e) a biosecurity industry participant or an officer or employee of

a biosecurity industry participant.

(3) The risk covered by this subsection is:

(a) the likelihood of a disease:

(i) entering Australian territory or a part of Australian

territory; or

(ii) emerging, establishing itself or spreading in Australian

territory or a part of Australian territory; and

(b) the potential for the disease to cause serious harm to human

health.

584 Disclosure for the purposes of a State or Territory managing

risks

(1) An entrusted person may disclose relevant information to a State or

Territory body if the disclosure is for the purpose of assisting the

State or Territory body to perform its functions or duties, or

exercise its powers, in relation to managing a risk covered by

subsection (2) for the State or Territory.

(2) The risk covered by this subsection for a State or Territory is:

(a) the likelihood of a disease or pest:

(i) entering the State or Territory or a part of the State or

Territory; or

(ii) emerging, establishing itself or spreading in the State or

Territory or a part of the State or Territory; and

(b) the potential for any of the following:

(i) the disease or pest to cause serious harm to human,

animal or plant health in that State or Territory;

(ii) the disease or pest to cause serious harm to the

environment in that State or Territory;

(iii) 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).

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

585 Disclosure for the purposes of foreign governments etc.

managing risks

(1) An entrusted person may disclose relevant information to a foreign

government, an authority or agency of a foreign government or an

international body of an intergovernmental character, for the

purposes of:

(a) the government, authority, agency or body managing a risk

covered by subsection (2); or

(b) giving effect to Australia's international obligations.

(2) The risk covered by this subsection is:

(a) the likelihood of a disease or pest:

(i) entering a foreign country or a part of a foreign country;

(ii) emerging, establishing itself or spreading in a foreign

country or a part of a foreign country; and

(b) the potential for any of the following:

(i) the disease or pest to cause harm to human, animal or

plant health in that foreign country;

(ii) the disease or pest to cause harm to the environment in

that foreign country;

(iii) economic consequences in that foreign country

associated with the entry, emergence, establishment or

spread of the disease or pest as mentioned in

paragraph (a).

586 Use or disclosure for the purposes of certain Acts

An entrusted person may use or disclose relevant information if the

use or disclosure is for the purposes of the administration of this

Act or another Act that is administered by the Agriculture Minister

or the Health Minister.

587 Disclosure to a Commonwealth entity

An entrusted person may disclose relevant information to a

Commonwealth entity if the disclosure is

for the purposes of

assisting the entity to perform its functions or duties or exercise its

powers.

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

588 Disclosure to a court, tribunal etc.

(1) An entrusted person may disclose relevant information to a court

exercising federal jurisdiction.

(2) An entrusted person may disclose relevant information to:

(a) a court; or

(b) a tribunal, authority or person that has the power to require

the answering of questions or the production of documents;

for the purposes of the enforcement of a law of the Commonwealth

or to assist the court, tribunal, authority or person to make or

review an administrative decision that is required or authorised to

be made under a law of the Commonwealth.

589 Disclosure for the purposes of law enforcement

(1) An entrusted person may disclose relevant information to a body

mentioned in subsection (2) if:

(a) the entrusted person reasonably believes that disclosing the

information is necessary for:

(i) the enforcement of the criminal law; or

(ii) the enforcement of a law imposing a pecuniary penalty;

(iii) the protection of public revenue; and

(b) the functions of the body include that enforcement or

protection; and

has undertaken not to use or further disclose the information

except in accordance with an agreement that:

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

(d) 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.

(2) The bodies are the following:

(a) a Commonwealth entity;

(b) a State or Territory body;

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(d) the police force or police service of a State or Territory.

590 Use or disclosure for research, policy development or data

analysis

(1) An entrusted person may:

(a) use relevant information; or

(b) disclose relevant information to an entrusted person; or

for the purposes of the person or body undertaking research, policy

development or data analysis to assist the Agriculture Department

or the Health Department with the administration of this Act.

(2) An entrusted person is not authorised under paragraph (1)(c) to

disclose relevant information to:

(a) 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

(b) a body that is not a Commonwealth entity;

unless:

disclose the information except in accordance with an

agreement that:

(i) is in force between the Commonwealth and that person

or body; and

(ii) applies in relation to the information; and

(d) the entrusted person is satisfied that the information will be

used or further disclosed only in accordance with the

agreement.

(3) An entrusted person is not authorised under paragraph (1)(c) to

disclose relevant information unless the entrusted person is

satisfied that:

(a) 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

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(b) otherwise--all reasonable steps have been taken to

de-identify any personal information before the relevant

information is disclosed.

590A Use or disclosure of statistics

An entrusted person may use or disclose relevant information if the

information is statistics that are not likely to enable the

identification of a person.

590B Use or disclosure of publicly available information

An entrusted person may use or disclose relevant information if the

information has already been lawfully made available to the public.

590C Disclosure to person to whom information relates

An entrusted person may disclose relevant information to the

person to whom the information relates.

590D Use or disclosure with consent

An entrusted person may use or disclose relevant information that

relates to a person if:

(a) the person has consented to the use or disclosure; and

(b) the use or disclosure is in accordance with that consent.

590E Disclosure to person who provided information

An entrusted person may disclose relevant information to the

person who provided the information.

Subdivision B--Authorised uses and disclosures by Director of

Biosecurity or Director of Human Biosecurity

590F Disclosure to State or Territory body

The Director of Biosecurity or the Director of Human Biosecurity

may disclose relevant information to a State or Territory body if:

Information management

Schedule 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(a) 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

(b) the State or Territory body has undertaken not to use or

further disclose the information except in accordance with an

agreement that:

(i) is in force between the Commonwealth and the State or

Territory; and

(ii) applies in relation to the information; and

further disclosed only in accordance with the agreement.

590G Use or disclosure to manage severe and immediate threats

The Director of Biosecurity or the Director of Human Biosecurity

may use or disclose relevant information if that Director

reasonably believes that:

(a) 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

(b) the threat has the potential to cause harm on a nationally

significant scale.

Subdivision C--Authorised uses and disclosures under

regulations

590H Use or disclosure authorised by regulations

(1) A person may use relevant information if:

(a) the person is included in a class of persons prescribed by

regulations made for the purposes of this paragraph; and

(b) the use is for a purpose prescribed by regulations made for

the purposes of this paragraph; and

for the purposes of this paragraph; and

(d) the use complies with any conditions prescribed by

regulations made for the purposes of this paragraph.

(2) A person may disclose relevant information if:

Schedule 3

Information management

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(a) the person is included in a class of persons prescribed by

regulations made for the purposes of this paragraph; and

(b) the disclosure is for a purpose prescribed by regulations

made for the purposes of this paragraph; and

for the purposes of this paragraph; and

(d) the disclosure complies with any conditions prescribed by

regulations made for the purposes of this paragraph.

(3) Regulations made for the purposes of this section must specify the

legislative power or powers of the Parliament in respect of which

the regulations are made.

(4) Subdivisions A and B do not limit regulations that may be made

for the purposes of this section.

28 Application and saving provisions

(1)

The amendments of the

Biosecurity Act 2015

made by this Schedule

apply in relation to the use or disclosure of relevant information on or

after the commencement of this item, whether the relevant information

is obtained or generated before, on or after that commencement.

(2)

Despite the amendments of the

Biosecurity Act 2015

made by this

Schedule, sections 580 to 589 of that Act, as in force immediately

before the commencement of this item, continue to apply on and after

that commencement in relation to the making of a record, disclosure or

use of protected information before that commencement.

(3)

Despite the repeal of section 590 of the

Biosecurity Act 2015

by this

Schedule, that section, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to a year ending before that commencement.

Strengthening penalties

Schedule 4

Managing biosecurity risks: goods

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 4--Strengthening penalties

Part 1--Managing biosecurity risks: goods

Biosecurity Act 2015

1 Amendments of listed provisions

--offences and civil

penalty provisions

The provisions of the

Biosecurity Act 2015

listed in the following table

are amended as set out in the table.

Amendments relating to offences and civil penalty provisions

Item

Provision

Omit

Substitute

Subsection 120(6) (penalty)

120

300

Subsection 120(7) (penalty)

120

300

Subsection 121(3) (penalty)

120

300

Subsection 121(4) (penalty)

120

300

Subsection 122(6) (penalty)

120

300

Subsection 122(7) (penalty)

120

300

Subsection 143(5) (penalty)

300

1,000

Subsection 143(6) (penalty)

120

300

Subsection 144(6) (penalty)

300

1,000

Subsection 144(7) (penalty)

120

300

Subsection 145(2) (penalty)

300

1,000

Subsection 145(3) (penalty)

120

300

Subsection 146(4) (penalty)

300

1,000

Subsection 146(5) (penalty)

300

1,000

Subsection 146(6) (penalty)

300

1,000

Subsection 146(7) (penalty)

120

300

Subsection 147(2) (penalty)

120

300

Subsection 147(4) (penalty)

300

1,000

Subsection 147(5) (penalty)

300

1,000

Subsection 147(6) (penalty)

300

1,000

Subsection 147(7) (penalty)

120

300

Schedule 4

Strengthening penalties

Part 1

Managing biosecurity risks: goods

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Amendments relating to offences and civil penalty provisions

Item

Provision

Omit

Substitute

Subsection 148(4) (penalty)

300

1,000

Subsection 148(5) (penalty)

300

1,000

Subsection 148(6) (penalty)

300

1,000

Subsection 148(7) (penalty)

120

300

Subsection 149(1) (penalty)

120

300

Subsection 155(2) (penalty)

120

1,000

Subsection 155(3) (penalty)

120

300

Subsection 156(2) (penalty)

120

1,000

Subsection 156(3) (penalty)

120

300

2 Application provisions

(1)

The amendments of section 120 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to goods that are unloaded on or after the

commencement of this item.

(2)

The amendments of section 121 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a notice given under section 120 of

that Act on or after the commencement of this item.

(3)

The amendments of section 122 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a requirement made under

subsection 122(2) or (3) of that Act on or after the commencement of

this item.

(4)

The amendments of section 143 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a direction given under

subsection 143(3) of that Act on or after the commencement of this

item.

(5)

The amendments of section 144 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a direction given under

subsection 144(3) or (4) of that Act on or after the commencement of

this item.

(6)

The amendments of section 145 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to goods that are unloaded on or after the

commencement of this item.

Strengthening penalties

Schedule 4

Managing biosecurity risks: goods

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(7)

The amendments of section 146 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a permission given under

subsection 146(2) of that Act on or after the commencement of this

item.

(8)

The amendments of section 147 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to an aircraft or vessel that arrives at a

first point of entry for the aircraft or vessel on or after the

commencement of this item.

(9)

The amendments of section 148 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a permission given under

subsection 148(2) of that Act on or after the commencement of this

item.

(10)

The amendment of section 149 of the

Biosecurity Act 2015

made by this

Schedule applies in relation to goods that are unloaded on or after the

commencement of this item.

(11)

The amendments of section 155 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to goods that become subject to

biosecurity control on or after the commencement of this item.

(12)

The amendments of section 156 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to goods that become subject to

biosecurity control on or after the commencement of this item.

Schedule 4

Strengthening penalties

Part 2

Managing biosecurity risks: conveyances

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 2--Managing biosecurity risks: conveyances

Biosecurity Act 2015

3 Amendments of listed provisions

--offences and civil

penalty provisions

The provisions of the

Biosecurity Act 2015

listed in the following table

are amended as set out in the table.

Amendments relating to offences and civil penalty provisions

Item

Provision

Omit

Substitute

Subsection 198(2) (penalty)

120

300

Subsection 200(2) (penalty)

120

300

Subsection 201(3) (penalty)

120

300

Subsection 202(2) (penalty)

120

300

Subsection 203(2) (penalty)

120

300

Subsection 204(2) (penalty)

120

300

Subsection 214(3) (penalty)

120

300

Subsection 215(2) (penalty)

300

1,000

Subsection 215(3) (penalty)

300

1,000

Subsection 215(4) (penalty)

300

1,000

Subsection 215(5) (penalty)

300

1,000

Subsection 215(6) (penalty)

300

1,000

Subsection 215(7) (penalty)

120

300

Subsection 215(8) (penalty)

120

300

Subsection 216(3) (penalty)

300

1,000

Subsection 216(4) (penalty)

120

300

Subsection 217(4) (penalty)

300

1,000

Subsection 217(5) (penalty)

120

300

Subsection 220(1) (penalty)

120

300

Subsection 221(3) (penalty)

Subsection 237(2) (penalty)

300

1,000

Subsection 237(3) (penalty)

300

1,000

Strengthening penalties

Schedule 4

Managing biosecurity risks: conveyances

Part 2

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Amendments relating to offences and civil penalty provisions

Item

Provision

Omit

Substitute

Subsection 237(4) (penalty)

300

1,000

Subsection 237(5) (penalty)

120

300

Subsection 238(2) (penalty)

300

1,000

Subsection 238(3) (penalty)

300

1,000

Subsection 238(4) (penalty)

300

1,000

Subsection 238(5) (penalty)

120

300

Subsection 239(4) (penalty)

300

1,000

Subsection 239(5) (penalty)

300

1,000

Subsection 239(6) (penalty)

300

1,000

Subsection 239(7) (penalty)

120

300

Subsection 243(2) (penalty)

300

1,000

Subsection 243(3) (penalty)

120

300

Subsection 245(2) (penalty)

300

1,000

Subsection 245(3) (penalty)

300

1,000

Subsection 245(4) (penalty)

300

1,000

Subsection 245(5) (penalty)

120

300

Subsection 246(2) (penalty)

300

1,000

Subsection 246(3) (penalty)

300

1,000

Subsection 246(4) (penalty)

300

1,000

Subsection 246(5) (penalty)

120

300

Subsection 247(4) (penalty)

300

1,000

Subsection 247(5) (penalty)

300

1,000

Subsection 247(6) (penalty)

300

1,000

Subsection 247(7) (penalty)

120

300

Subsection 251(2) (penalty)

300

1,000

Subsection 251(3) (penalty)

120

300

Subsection 252A(3) (penalty)

300

1,000

Subsection 252A(4) (penalty)

120

300

Schedule 4

Strengthening penalties

Part 2

Managing biosecurity risks: conveyances

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

4 Application provisions

--conveyances entering Australian

territory etc.

(1)

The amendment of subsection 198(2) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a direction that is given on or

after the commencement of this item.

(2)

The amendments of subsections 200(2) and 201(3) of the

Biosecurity

Act 2015

made by this Schedule apply in relation to a requirement that

is made on or after the commencement of this item.

(3)

The amendment of subsection 202(2) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a direction that is given on or

after the commencement of this item.

(4)

The amendment of subsection 203(2) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a biosecurity control notice that is

affixed on or after the commencement of this item.

(5)

The amendment of subsection 204(2) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a conveyance:

(a) 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

(b) 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

on or after the commencement of this item; or

(d) 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.

(6)

The amendment of subsection 214(3) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a notice that is affixed on or after

the commencement of this item.

(7)

The amendments of section 215 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a direction that is given on or after the

commencement of this item.

Strengthening penalties

Schedule 4

Managing biosecurity risks: conveyances

Part 2

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(8)

The amendments of subsections 216(3) and (4) of the

Biosecurity Act

2015

made by this Schedule apply in relation to a notice that is affixed

on or after the commencement of this item.

(9)

The amendments of subsections 217(4) and (5) of the

Biosecurity Act

2015

made by this Schedule apply in relation to a direction that is given

on or after the commencement of this item.

(10)

The amendment of subsection 220(1) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to an incoming aircraft or vessel that

becomes subject to biosecurity control on or after the commencement of

this item.

(11)

The amendment of subsection 221(3) of the

Biosecurity Act 2015

made

by this Schedule applies in relation to a vessel that enters Australian

territory on or after the commencement of this item.

5 Application provisions

--entry points for incoming aircraft

and vessels

(1)

The amendments of sections 237 and 238 of the

Biosecurity Act 2015

made by this Schedule apply in relation to an aircraft that becomes

subject to biosecurity control on or after the commencement of this

item.

(2)

The amendments of section 239 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a permission that is given on or after

the commencement of this item.

(3)

The amendments of subsections 243(2) and (3) of the

Biosecurity Act

2015

made by this Schedule apply in relation to a direction that is given

on or after the commencement of this item.

(4)

The amendments of sections 245 and 246 of the

Biosecurity Act 2015

made by this Schedule apply in relation to a vessel that becomes subject

to biosecurity control on or after the commencement of this item.

(5)

The amendments of section 247 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to a permission that is given on or after

the commencement of this item.

Risk assessment

Schedule 5

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 5--Risk assessment

Biosecurity Act 2015

1 Section 5 (note 2)

Omit "179(3)", substitute "179(1A)".

2 Section 9

Insert:

biosecurity worker

has the meaning given by section 14A.

3 After section 14

Insert:

14A Meaning of biosecurity worker

(1) A

biosecurity worker

is:

(a) 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

(i) engaged as a consultant or contractor to perform

services for the Agriculture Department or Health

Department; and

(ii) specified in a determination under subsection (2); or

(d) a person who is:

(i) engaged or employed by a person to whom

paragraph (c) or this paragraph applies; and

(ii) performing services for the Agriculture Department or

Health Department in connection with that engagement

or employment; and

(iii) specified in a determination under subsection (3).

Schedule 5

Risk assessment

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(2) The Director of Biosecurity or the Director of Human Biosecurity

may, by written determination, specify a person for the purposes of

subparagraph (1)(c)(ii).

(3) The Director of Biosecurity or the Director of Human Biosecurity

may, by written determination, specify a person for the purposes of

subparagraph (1)(d)(iii).

(4) A determination under subsection (2) or (3) is not a legislative

instrument.

4 Subsection 173(4)

Repeal the subsection, substitute:

(4) Before a determination under subsection (1) is made:

(a) a risk assessment must be conducted by a biosecurity worker

in relation to the making of that determination; and

(b) the Director of Biosecurity:

(i) must be satisfied that the ALOP for Australia was

applied in the conduct of the risk assessment; and

(ii) must consider the risk assessment; and

(iii) may also consider any other matters that the Director

considers relevant; and

(i) must be satisfied that the ALOP for Australia was

applied in the conduct of the risk assessment; and

(ii) must consider the risk assessment; and

(iii) may also consider any other matters that the Director

considers relevant.

5 Subsection 174(3)

Repeal the subsection, substitute:

(3) Before a determination under subsection (1) is made:

(a) a risk assessment must be conducted by a biosecurity worker

in relation to the making of that determination; and

(b) the Director of Biosecurity:

(i) must be satisfied that the ALOP for Australia was

applied in the conduct of the risk assessment; and

Risk assessment

Schedule 5

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(ii) must consider the risk assessment; and

(iii) may also consider any other matters that the Director

considers relevant; and

(i) must be satisfied that the ALOP for Australia was

applied in the conduct of the risk assessment; and

(ii) must consider the risk assessment; and

(iii) may also consider any other matters that the Director

considers relevant.

6 After subsection 179(1)

Insert:

(1A) Before granting the permit in relation to the goods:

(a) a risk assessment must be conducted in relation to the goods

by a biosecurity worker; and

(b) the Director of Biosecurity must be satisfied that the ALOP

for Australia was applied in the conduct of the risk

assessment.

7 Before paragraph 179(2)(a)

Insert:

(aa) the risk assessment that was conducted in relation to the

goods; and

8 Subsection 179(3)

Repeal the subsection.

9 Subsection 182(4)

Repeal the subsection, substitute:

(4) Before a determination under subsection (1) is made:

(a) a risk assessment must be conducted by a biosecurity worker

in relation to the making of that determination; and

(b) the Director of Biosecurity must be satisfied that the ALOP

for Australia was applied in the conduct of the risk

assessment; and

Schedule 5

Risk assessment

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

assessment; and

(d) the Director of Biosecurity may also consider any other

matters that the Director considers relevant.

10 Subsection 541(4) (note)

Omit "The Director of Biosecurity must apply the ALOP for Australia",

substitute "The ALOP for Australia must be applied".

11 Subsection 541(4) (note)

Omit "179(3)", substitute "179(1A)".

12 Application provisions

(1)

The amendment of section 173 of the

Biosecurity Act 2015

made by this

Schedule applies in relation to a determination made under

subsection 173(1) of that Act on or after the commencement of this

item.

(2)

The amendment of section 174 of the

Biosecurity Act 2015

made by this

Schedule applies in relation to a determination made under

subsection 174(1) of that Act on or after the commencement of this

item.

(3)

The amendments of section 179 of the

Biosecurity Act 2015

made by

this Schedule apply in relation to an application for a permit made on or

after the commencement of this item.

(4)

The amendment of section 182 of the

Biosecurity Act 2015

made by this

Schedule applies in relation to a determination made under

subsection 182(1) of that Act on or after the commencement of this

item.

Arrangements and grants for dealing with risks posed by diseases or pests

Schedule 6

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 6--Arrangements and grants for

dealing with risks posed by diseases

or pests

Biosecurity Act 2015

1 Section 3

After:

(c)

recovering costs under this Act; and

insert:

(ca)

arrangements and grants for dealing with risks posed by

diseases or pests; and

2 Section 4 (note)

After "response)", insert ", Part 3A of Chapter 11 (arrangements and

grants for dealing with risks posed by diseases or pests)".

3 Section 4 (note)

Omit "and 310", substitute ", 310 and 614B".

4 Section 9 (definition of biosecurity risk)

After "section 310", insert "or 614B".

5 Section 9 (at the end of the note to the definition of

biosecurity risk)

Add "and section 614B applies this modified meaning in relation to

Part 3A of Chapter 11 (arrangements and grants for dealing with risks

posed by diseases or pests)".

6 After Part 3 of Chapter 11

Insert:

Schedule 6

Arrangements and grants for dealing with risks posed by diseases or pests

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 3A--Arrangements and grants for dealing

with risks posed by diseases or pests

614A Simplified outline of this Part

The Agriculture Minister or the Health Minister may, on behalf of

the Commonwealth, make, vary or administer an arrangement for

the making of payments by the Commonwealth, or make, vary or

administer a grant of financial assistance, for dealing with risks

posed by diseases or pests.

614B Arrangements and grants for dealing with risks posed by

diseases or pests

(1) The Agriculture Minister or the Health Minister may, on behalf of

the Commonwealth, make, vary or administer an arrangement for

the making of payments by the Commonwealth, or make, vary or

administer a grant of financial assistance, in relation to one or more

of the following:

(a) activities or research relating to identifying, preventing,

preparing for or managing biosecurity risks;

(b) 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;

Australian territory about the identification of, prevention of,

preparation for or management of:

(i) biosecurity risks; or

(ii) the risk covered by subsection (2);

(d) 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;

(e) activities relating to identifying or managing established

pests or established diseases to stop the spread of such pests

or diseases;

Arrangements and grants for dealing with risks posed by diseases or pests

Schedule 6

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(f) activities relating to furthering the objects of this Act;

(g) a matter that is incidental or ancillary to an activity covered

by paragraph (a), (b), (c), (d), (e) or (f).

(2) The risk covered by this subsection is:

(a) the likelihood of a disease or pest:

(i) entering a foreign country or a part of a foreign country;

(ii) emerging, establishing itself or spreading in a foreign

country or a part of a foreign country; and

(b) the potential for any of the following:

(i) the disease or pest to cause harm to human, animal or

plant health in that foreign country;

(ii) the disease or pest to cause harm to the environment in

that foreign country;

(iii) economic consequences in that foreign country

associated with the entry, emergence, establishment or

spread of the disease or pest as mentioned in

paragraph (a).

Reimbursement of costs or expenses

(3) An arrangement under subsection (1) may provide for the

Commonwealth to reimburse, or partly reimburse, costs or

expenses.

(4) A grant under subsection (1) may be made by way of the

reimbursement, or partial reimbursement, of costs or expenses.

(5) Subsections (3) and (4) do not limit subsection (1).

Definitions

(6) In this section:

arrangement

includes a contract, agreement, deed or

understanding.

biosecurity risk

has the same meaning as it has in Chapter 6.

make

, in relation to an arrangement, includes enter into.

Schedule 6

Arrangements and grants for dealing with risks posed by diseases or pests

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

614C Terms and conditions for grants

Grant of financial assistance to a State or Territory

(1) For a grant of financial assistance under section 614B to a State or

Territory, the terms and conditions on which that financial

assistance is granted are to be set out in a written agreement

between the Commonwealth and the State or Territory.

(2) The Agriculture Minister or the Health Minister may, on behalf of

the Commonwealth, enter into an agreement under subsection (1).

(3) Any variation of the grant must be in accordance with the terms or

conditions of the grant.

Grant of financial assistance to other persons

(4) For a grant of financial assistance under section 614B to a person

other than a State or Territory, this section does not, by

implication, prevent the grant from being made subject to terms

and conditions.

614D Additional operation of this Part

(1) In addition to Part 3 of Chapter 1, this Part also has effect as

provided by this section.

(2) This Part also applies in relation to an arrangement or grant

referred to in section 614B that is with respect to:

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

(b) a Territory.

614E Relationship of this Part with other Acts

This Part does not, by implication, limit the operation of the

Financial Framework (Supplementary Powers) Act 1997

614F Executive power of the Commonwealth

This Part does not, by implication, limit the executive power of the

Commonwealth.

Arrangements and grants for dealing with risks posed by diseases or pests

Schedule 6

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

614G Inclusion of information in annual reports

(1) The Agriculture Secretary, when preparing the Agriculture

Department's annual report under section 46 of the

Public

Governance, Performance and Accountability Act 2013

for a

period, must include the following information in that report:

(a) 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;

(b) the total number of such arrangements or grants that were

made by the Agriculture Minister in that period.

(2) The Health Secretary, when preparing the Health Department's

annual report under section 46 of the

Public Governance,

Performance and Accountability Act 2013

for a period, must

include the following information in that report:

(a) 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;

(b) the total number of such arrangements or grants that were

made by the Health Minister in that period.

614H Delegation

(1) The Health Minister may, by writing, delegate any or all of the

Health Minister's powers under section 614B to:

(a) the Health Secretary; or

(b) an SES employee, or acting SES employee, in the Health

Department; or

of State of the Commonwealth other than the Health

Department.

Note:

For delegation of powers by the Agriculture Minister, see section 643.

(2) The Health Minister may, by writing, delegate the Health

Minister's power under section 614C to:

(a) the Health Secretary; or

(b) an SES employee, or acting SES employee, in the Health

Department.

Note:

For delegation of powers by the Agriculture Minister, see section 643.

Schedule 6

Arrangements and grants for dealing with risks posed by diseases or pests

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(3) In exercising any powers under a delegation under this section, the

delegate must comply with any directions of the Health Minister.

7 After subsection 643(1)

Insert:

(1A) Without limiting subsection (1), the Agriculture Minister may, by

writing, delegate any or all of the Agriculture Minister's powers

under section 614B to an SES employee, or acting SES employee,

in a Department of State of the Commonwealth other than the

Agriculture Department.

Approved arrangements and compensation

Schedule 7

Release of goods from biosecurity control

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Schedule 7--Approved arrangements and

compensation

Part 1--Release of goods from biosecurity control

Biosecurity Act 2015

1 Subsection 19(3) (paragraph (a) of the note)

After "notice", insert "or declaration".

2 Paragraph 162(1)(b)

Repeal the paragraph, substitute:

(b) a biosecurity industry participant, who is authorised to

release the goods in accordance with an approved

arrangement covering the biosecurity industry participant:

(i) 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;

(ii) 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

3 Subsection 162(2)

Omit "or written notice given,", substitute "written notice given or

written declaration made".

4 Paragraph 162(3)(b)

Omit "paragraph (1)(b)", substitute "subparagraph (1)(b)(i) or a

declaration referred to in subparagraph (1)(b)(ii)".

5 Section 164 (heading)

After "

notice

", insert "

or declaration

Schedule 7

Approved arrangements and compensation

Part 1

Release of goods from biosecurity control

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

6 Subsection 164(2)

Omit "paragraph 162(1)(b)", substitute "subparagraph 162(1)(b)(i)".

7 After subsection 164(2)

Insert:

Revoking declaration made by biosecurity industry participant

(2A) If a biosecurity industry participant made a written declaration for

the purposes of subparagraph 162(1)(b)(ii) releasing goods from

biosecurity control, the biosecurity industry participant may, in

writing, revoke the declaration.

8 Subsection 164(3)

Omit "subsections (1) and (2), the biosecurity officer or biosecurity

industry participant may revoke the notice", substitute "subsections (1),

(2) and (2A), the biosecurity officer or biosecurity industry participant

may revoke the notice, or the biosecurity industry participant may

revoke the declaration,".

9 Subsection 164(4)

After "given", insert "or the revoked declaration is taken never to have

been made".

10 Subsection 164(5)

Repeal the subsection, substitute:

Revocation not a legislative instrument

(5) Neither of the following is a legislative instrument:

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

(2);

(b) a revocation under subsection (2A).

Approved arrangements and compensation

Schedule 7

Release of goods from biosecurity control

Part 1

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

11 Application provision

The amendments of sections 162 and 164 of the

Biosecurity Act 2015

made by this Part apply in relation to a notice that is given, or a

declaration that is made, on or after the commencement of this item

releasing goods from biosecurity control, whether the goods became

subject to biosecurity control, or whether the arrangement concerned

was approved, before, on or after that commencement.

Schedule 7

Approved arrangements and compensation

Part 2

Duration of approved arrangements

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 2--Duration of approved arrangements

Biosecurity Act 2015

12 Paragraph 408(2)(b)

Repeal the paragraph, substitute:

(b) the duration of the arrangement (see section 409).

13 Section 409

Repeal the section, substitute:

409 Duration of approved arrangement

An approved arrangement:

(a) comes into force:

(i) on the day the notice is given under subsection 408(1),

unless subparagraph (ii) applies; or

(ii) if a later day is specified in that notice--on that later

day; and

(b) unless revoked earlier, remains in force:

(i) indefinitely, unless subparagraph (ii) applies; or

(ii) if that notice specifies the period for which the

arrangement is to be in force--for that period.

14 Application provision

The amendments made by this Part apply in relation to an approved

arrangement, where the notice of approval under subsection 408(1) of

the

Biosecurity Act 2015

in relation to the arrangement is given on or

after the commencement of this item.

Approved arrangements and compensation

Schedule 7

Directions to biosecurity industry participants after expiry of approved arrangements

Part 3

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Part 3--Directions to biosecurity industry

participants after expiry of approved

arrangements

Biosecurity Act 2015

15 Section 404

Omit "Part 5 deals with revoking", substitute "Part 5 deals with the

revocation or expiry of".

16 Part 5 of Chapter 7 (heading)

Repeal the heading, substitute:

Part 5--Revocation or expiry of approved

arrangement

17 Division 3 of Part 5 of Chapter 7 (heading)

Repeal the heading, substitute:

Division 3--Management of biosecurity risks after

revocation or expiry of approved arrangement

18 Section 426 (heading)

Repeal the heading, substitute:

426 Management of biosecurity risks after revocation or expiry of

approved arrangement

19 At the end of subsection 426(1)

Add "or has expired".

20 At the end of subsection 426(2)

Add "or expired".

Schedule 7

Approved arrangements and compensation

Part 3

Directions to biosecurity industry participants after expiry of approved

arrangements

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

21 Subsection 427(2)

After "Part 5", insert "or has expired".

22 At the end of subsection 427(2)

Add "or after the expiry of the arrangement".

23 Application provision

The amendments made by this Part apply in relation to the expiry of an

approved arrangement on or after the commencement of this item,

whether the arrangement was approved before, on or after that

commencement.

Approved arrangements and compensation

Schedule 7

Audit powers for auditing of approved arrangements

Part 4

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Part 4--Audit powers for auditing of approved

arrangements

Biosecurity Act 2015

24 After subsection 437(4)

Insert:

Other powers

(4A) The auditor may do the following:

(a) inspect or examine a document, record or thing produced

under subsection (1);

(b) make copies of the document or record;

document, record or thing.

25 Application provision

The amendment made by this Part applies in relation to a document,

record or thing produced under subsection 437(1) of the

Biosecurity Act

2015

on or after the commencement of this item.

Schedule 7

Approved arrangements and compensation

Part 5

Compensation for damaged goods or destroyed goods, conveyances or other

premises

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

Part 5--Compensation for damaged goods or

destroyed goods, conveyances or other

premises

Biosecurity Act 2015

26 Subsection 632(1)

Repeal the subsection, substitute:

Director of Biosecurity may approve compensation

(1) The Director of Biosecurity may approve the payment of a

reasonable amount of compensation under this section in respect of

goods if:

(a) 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

(b) 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

a person in the course of performing functions or duties, or

exercising powers, under this Act or by a biosecurity industry

participant; and

(d) 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:

(i) 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

(ii) as a result of the biosecurity industry participant

complying with a condition to which the approved

arrangement concerned is subject.

Approved arrangements and compensation

Schedule 7

Compensation for damaged goods or destroyed goods, conveyances or other premises

Part 5

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

Note 1:

The amount of any compensation is the amount prescribed by, or

determined in accordance with, the regulations (see

subsection 634(5)).

Note 2:

Even if the Director of Biosecurity does not approve the payment of a

reasonable amount of compensation under this section, the owner of

the goods may be entitled to compensation under section 27

(compensation for acquisition of property).

(1A) In deciding whether to give the approval, the Director of

Biosecurity may have regard to the following matters:

(a) the nature and extent of the damage;

(b) the circumstances in which the damage occurred;

(d) whether the goods were subject to biosecurity control at the

time the damage occurred;

(e) whether a biosecurity industry participant was in possession

or control of the goods at the time the damage occurred;

(f) whether the actions or omissions of any person, including the

claimant, caused, or contributed to, the damage;

(g) any evidence provided by the claimant in relation to a matter

covered by paragraph (a), (b), (c), (d), (e) or (f);

(h) any other matter the Director considers relevant.

27 Subsection 633(1)

Repeal the subsection, substitute:

Director of Biosecurity may approve compensation

(1) The Director of Biosecurity may approve the payment of a

reasonable amount of compensation under this section in respect of

goods, conveyances or premises comprising buildings or other

structures if:

(a) 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

Schedule 7

Approved arrangements and compensation

Part 5

Compensation for damaged goods or destroyed goods, conveyances or other

premises

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(b) 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

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

(d) 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:

(i) 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

(ii) as a result of the biosecurity industry participant

complying with a condition to which the approved

arrangement concerned is subject.

Note 1:

The amount of any compensation is the amount prescribed by, or

determined in accordance with, the regulations (see

subsection 634(5)).

Note 2:

Even if the Director of Biosecurity does not approve the payment of a

reasonable amount of compensation under this section, the owner of

the goods, conveyance or other premises may be entitled to

compensation under section 27 (compensation for acquisition of

property).

(1A) In deciding whether to give the approval, the Director of

Biosecurity may have regard to the following matters:

(a) the nature of the destruction;

(b) the circumstances in which the destruction occurred;

comprising buildings or other structures before the

destruction occurred;

(d) 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;

Approved arrangements and compensation

Schedule 7

Compensation for damaged goods or destroyed goods, conveyances or other premises

Part 5

No. , 2022

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

(e) 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;

(f) whether the actions or omissions of any person, including the

claimant, caused, or contributed to, the destruction;

(g) any evidence provided by the claimant in relation to a matter

covered by paragraph (a), (b), (c), (d), (e) or (f);

(h) any other matter the Director considers relevant.

28 After subsection 634(1)

Insert:

Claims for compensation

(1A) Any claim for compensation must be made by or on behalf of an

owner of the compensable item before the end of:

(a) the period of 12 months beginning on the day on which the

damage or destruction occurred, unless paragraph (b) applies;

(b) 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:

(i) the day on which the owner became aware of the

damage or destruction, unless subparagraph (ii) applies;

(ii) 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.

(1B) A claim for compensation under subsection (1A) must:

(a) if a form is approved in an instrument under

subsection (1C)--be in that form; and

(b) be accompanied by the documents (if any) prescribed by the

regulations; and

(d) specify the day on which the owner became aware of the

damage or destruction; and

Schedule 7

Approved arrangements and compensation

Part 5

Compensation for damaged goods or destroyed goods, conveyances or other

premises

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022

No. , 2022

(e) specify the circumstances of the damage or destruction.

(1C) The Director of Biosecurity may, by notifiable instrument, approve

a form for the purposes of paragraph (1B)(a).

29 Subsections 634(3) and (4)

Repeal the subsections.

30 Application provisions

(1)

The amendments made by this Part apply in relation to a claim made

under section 634 of the

Biosecurity Act 2015

on or after the

commencement of this item, whether the damage or destruction

occurred before, on or after that commencement.

(2)

For the purposes of subitem (1), paragraphs 632(1)(d) and 633(1)(d) of

that Act, as substituted by this Part, apply in relation to a biosecurity

industry participant, whether the direction concerned was given, or the

arrangement concerned was approved, before, on or after the

commencement of this item.

Commonwealth of Australia Bills

BIOSECURITY AMENDMENT (STRENGTHENING BIOSECURITY) BILL 2022