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FACT SHEET
Biosecurity Bill 2019
The Biosecurity Bill 2019 (the Bill) will replace the following seven Acts:
Vermin Control Act 2000
Weed Management Act 1999
Plant Quarantine Act 1997
Animal Health Act 1995
Animal Farming (Registration) Act 1994
Seeds Act 1985
Animal (Brands and Movement) Act 1984
The Bill’s core aims (or objects) are to:
ensure that responsibility for biosecurity is shared between government, industry and the
community; and
protect Tasmania from threats posed by pests and disease to land and water based
industries and environments, public health and public amenities, community activities and
infrastructure; and
provide a robust and coherent regulatory framework for biosecurity in Tasmania that is
based on sound risk assessment and evidence; and
give effect to State, national and international biosecurity agreements and strategies, such
as the Tasmanian Biosecurity Strategy; and
facilitate the trade of Tasmanian produce by ensuring it meets national and international
biosecurity requirements; and
promote compliance with a ‘general biosecurity duty’ through emergency preparedness,
effective enforcement measures, and communication and collaboration between
government, industry and the community.
The Bill is evolutionary rather than revolutionary. The new biosecurity system will retain many of
the components of the existing system, albeit in modernised and improved form.
The Bill introduces new key concepts such as biosecurity matter (animals, plants, diseases,
contaminants and other biological material) biosecurity impact (the harm to the economy,
environment or community caused by biosecurity matter) and biosecurity risk (the risk of a
biosecurity impact occurring).
The Bill introduces a statutory general biosecurity duty (GBD) which imposes a statutory duty on
all persons to use reasonable standards of care when dealing with any biosecurity matter or
carrier of biosecurity matter. Failure to comply with the GBD will be a criminal offence.
The Bill provides a simpler and more efficient legal framework for the management of weeds and
vermin, imports of plant and animal products, biosecurity emergencies, and monetary
reimbursement for biosecurity related loss.
The Bill introduces a criminal penalty regime that is more appropriate for the nature and gravity
of biosecurity offences, and better aligned with penalties for similar offences in other States.
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The Bill enables detailed biosecurity measures to be tailor-made for managing specific issues,
activities or impacts, and implemented via subordinate legislation.
The Bill itself does not contain any new prescribed fees or levies. While the capacity (under
existing legislation) to recover costs for a range of biosecurity functions is maintained, any new
statutory fees and levies must be prescribed by regulation. The Government will undertake a
regulatory impact assessment (involving public consultation) in relation to proposed regulations
made under the Bill, unless the Secretary of Treasury determines that it is not necessary.
Under the Bill’s framework, high-level decisions that are likely to have broad strategic, social,
economic or environmental ramifications are the responsibility of the Minister, while high-level
administrative functions are the responsibility of the Secretary of the Department of Primary
Industries, Parks, Water and Environment (DPIPWE).
The Bill establishes the statutory positions of Chief Veterinary Officer (CVO) and Chief Plant
Protection Officer (CPPO) as the principal authorised officers within the regulatory framework.
The CVO and CPPO, their deputies, and regular authorised officers will be responsible for most
day-to-day technical and operational functions under the Act. Authorised officers (which includes
police officers) are likely to be first responders in a biosecurity emergency.
The Bill provides appropriate rights of appeal to the Resource Management and Planning Appeals
Tribunal (RMPAT) for most decisions that directly concern private interests. Along with appeal
provisions – the Bill requires publication of a Tasmanian biosecurity compendium on the
Department’s website to aid in transparency, and promote public awareness of Tasmania’s
biosecurity requirements.
The Bill requires the Minister to establish a Biosecurity Advisory Committee, with broad
representation from industry and other community groups, to provide advice to the Minister (or
Secretary) on biosecurity related issues referred to it.
After it has been passed by Parliament the Bill can be proclaimed in stages. A consequential and
transitional Bill will be introduced separately. This will contain all the necessary transitional
arrangements and consequential amendments (to other legislation) for the staged introduction
of the new legislation. The existing legislation will remain in place until such arrangements are
finalised.
An orderly and efficient roll-out of a new Biosecurity Act 2019 will require the development of a
suite of new regulations, administrative systems and resources. Priority tasks identified for the
initial implementation of the new legislative framework include:
establishing the Biosecurity Advisory Committee to provide a consultative forum for
implementation projects;
developing and publishing the Tasmanian Biosecurity Compendium as a critical
information resource for Government, industry, and the general public;
regulations as prioritised in consultation with industry:
communications, education and training materials;
new administrative practices; and
new information systems for registration.
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