Biosecurity Act 2019.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act provides the protection and enhancement of Tasmania's biosecurity status by providing for the prevention, detection and control of animal and plant disease, pests and other biosecurity matter. Part 2 concerns interpretation, this includes meaning of biosecurity compendium (Secretary is to keep on the Department website a compendium that includes, but is not limited to a list of all prohibited matter; and a list of all permitted matter, including any conditions, requirements and restrictions applying in respect of the permitted matter; and a list of all restricted matter declared under section 21(2); and any explanatory or supporting information and material that the Secretary considers appropriate); biosecurity event, impact and matter; meaning of carrier, dealing, emergency, pest and invasive pest; meaning of regulated dealing and prohibited dealing and of of suitable person. In this Act, biosecurity matter includes the following: (a) an animal, plant, and other organism, other than a human; (b) a part of an animal, plant or other organism, other than a human; (c) an animal product and plant product; (d) an animal disease and plant disease; (e) a prion; (f) a contaminant; (g) a disease that may cause either or both of the following: (i) disease in an animal, plant or other organism (other than a human); (ii) disease in a human through transmission to the human from an animal, plant or other organism (other than a human); (h) any prescribed thing. Division 3 considers reasonable suspicion of carrier, infection and infestation.
Part 3 - Officers identifies different figures and authorities: Plant protection officers, Veterinary officers, Authorized officers, Biosecurity Auditors and Certifiers. Part 4, Functions of Authorised Officers establishes that an authorised officer may only perform the functions of an authorised officer for one or more of the following purposes: (a) to assess, prevent, eliminate, minimise, control or manage any biosecurity risk or biosecurity impact, or suspected biosecurity risk or biosecurity impact; (b) to investigate, monitor and enforce compliance with this Act; (c) to administer or execute this Act; (d) to obtain information or records necessary for the administration or enforcement of this Act; (e) to assist a biosecurity auditor to perform the biosecurity auditor's functions in connection with a biosecurity audit; (f) if the authorized officer is a biosecurity auditor, to perform a biosecurity audit. An Authorized officer has also power to require information, to enter premises, investigation and risk management functions, functions in relation to seized things.
Part 5 establishes a general biosecurity duty to take all reasonable and practicable measures to prevent, eliminate or minimise, biosecurity risk when dealing with biosecurity matter, or a carrier, if the person knows or reasonably ought to know that the biosecurity matter, carrier or dealing poses a biosecurity risk. Failure to this duty causes penalties. Notification of biosecurity event instead is a duty that falls just on certain person: a) the owner, occupier or person in charge of, or who has the care, custody or control of, premises on which, or in relation to which, the biosecurity event has occurred, is occurring or is about to occur;(b) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any inspection, analysis, consultation, communication, transaction or other activity undertaken by the person in a professional capacity; c) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any dealing with biosecurity matter, or a carrier, undertaken by the person; (d) a prescribed person, or prescribed class of persons, in prescribed circumstances.
Part 6 - Biosecurity Registration is required to engage in regulated dealings and is granted by the Secretary. Part 7 regulates permits; permits can be granted either by the Secretary or authorized officer. Types of permit: 1) permit that authorises conduct that, but for the permit, contravenes or may contravene an emergency order, or an emergency biosecurity direction; and specifically relates or applies to the emergency relevant to the emergency order or emergency biosecurity direction; (b) permit that expressly authorises a specified dealing with prohibited matter; (c) permit that expressly authorises a prohibited dealing; (d) permit that authorises a dealing that, but for the issue of a permit, would be otherwise unlawful under this Act. Part 8 is biosecurity zones, they might be prescribed (a) to provide for the long-term management of a biosecurity risk or biosecurity impact; or (b) to prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact. Part 9 is Biosecurity Programs and Agreements. Part 10 Biosecurity Certification, Auditing and Accreditation. Part 11 Orders, Directions and Undertakings. Part 12 Recovery of Costs and Reimbursements. Part 13 Offences. Part 14 Legal Proceedings.
Part 3 - Officers identifies different figures and authorities: Plant protection officers, Veterinary officers, Authorized officers, Biosecurity Auditors and Certifiers. Part 4, Functions of Authorised Officers establishes that an authorised officer may only perform the functions of an authorised officer for one or more of the following purposes: (a) to assess, prevent, eliminate, minimise, control or manage any biosecurity risk or biosecurity impact, or suspected biosecurity risk or biosecurity impact; (b) to investigate, monitor and enforce compliance with this Act; (c) to administer or execute this Act; (d) to obtain information or records necessary for the administration or enforcement of this Act; (e) to assist a biosecurity auditor to perform the biosecurity auditor's functions in connection with a biosecurity audit; (f) if the authorized officer is a biosecurity auditor, to perform a biosecurity audit. An Authorized officer has also power to require information, to enter premises, investigation and risk management functions, functions in relation to seized things.
Part 5 establishes a general biosecurity duty to take all reasonable and practicable measures to prevent, eliminate or minimise, biosecurity risk when dealing with biosecurity matter, or a carrier, if the person knows or reasonably ought to know that the biosecurity matter, carrier or dealing poses a biosecurity risk. Failure to this duty causes penalties. Notification of biosecurity event instead is a duty that falls just on certain person: a) the owner, occupier or person in charge of, or who has the care, custody or control of, premises on which, or in relation to which, the biosecurity event has occurred, is occurring or is about to occur;(b) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any inspection, analysis, consultation, communication, transaction or other activity undertaken by the person in a professional capacity; c) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any dealing with biosecurity matter, or a carrier, undertaken by the person; (d) a prescribed person, or prescribed class of persons, in prescribed circumstances.
Part 6 - Biosecurity Registration is required to engage in regulated dealings and is granted by the Secretary. Part 7 regulates permits; permits can be granted either by the Secretary or authorized officer. Types of permit: 1) permit that authorises conduct that, but for the permit, contravenes or may contravene an emergency order, or an emergency biosecurity direction; and specifically relates or applies to the emergency relevant to the emergency order or emergency biosecurity direction; (b) permit that expressly authorises a specified dealing with prohibited matter; (c) permit that expressly authorises a prohibited dealing; (d) permit that authorises a dealing that, but for the issue of a permit, would be otherwise unlawful under this Act. Part 8 is biosecurity zones, they might be prescribed (a) to provide for the long-term management of a biosecurity risk or biosecurity impact; or (b) to prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact. Part 9 is Biosecurity Programs and Agreements. Part 10 Biosecurity Certification, Auditing and Accreditation. Part 11 Orders, Directions and Undertakings. Part 12 Recovery of Costs and Reimbursements. Part 13 Offences. Part 14 Legal Proceedings.
Attached files
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Long title of text
An Act to provide for the protection and enhancement of Tasmania's biosecurity status for the benefit of Tasmania's industries, environment and public wellbeing by providing for the prevention, detection and control of animal and plant disease, pests and other biosecurity matter.
Notes
Including amendments up to asmanian Civil and Administrative Tribunal (Consequential Amendments) Act 2021.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by
Repeals