Biosecurity Act 2025.

The Biosecurity Act 2025 is a comprehensive legislative framework for South Australia, designed to protect and enhance biosecurity for the benefit of industries, the environment, and the community. The Act repeals several earlier statutes and amends others, applying both within and outside the state, including to online activities. Its approach is risk-based, science-focused, and flexible, emphasising shared responsibility among government, industry, and the community, and aligning with national biosecurity agreements. The Act defines key concepts such as biosecurity events, impacts, and matters, as well as carriers and dealings. It establishes that biosecurity duties are non-transferable and may be held by multiple parties, each required to act to prevent, eliminate, or, if not practicable, minimise or control biosecurity risks. The objects of the Act include protecting South Australia from significant pests and diseases, supporting market access, and promoting compliance through enforcement and collaboration. Administration is structured around Chief Officers for plant and animal biosecurity, supported by deputies and authorised officers, with powers to act in emergencies and across jurisdictions. Statutory corporations, such as the Dog Fence Board, continue or may be established, and a central register is maintained for all relevant entities and activities. The Act imposes a general biosecurity duty on all persons dealing with biosecurity matter or carriers, with significant penalties for non-compliance. It regulates dealings with prohibited and regulated biosecurity matter, requiring registration and adherence to specified requirements. There are detailed provisions for the notification of biosecurity events, with obligations on owners, occupiers, professionals, and others, and protections for those making notifications in good faith. A registration scheme governs regulated dealings, with applications, renewals, conditions, and grounds for suspension or cancellation clearly set out. Identification codes may be required for certain activities. The Act also establishes policies and procedures for the accreditation of auditors and certifiers, who play a central role in compliance and certification processes. Audits may be required at any time, and their results inform regulatory decisions. Permits are available for otherwise unlawful dealings, with individual and group permits subject to conditions, variation, suspension, or cancellation. The Act provides for the development and approval of biosecurity programs by industry or community entities, as well as government-initiated programs, specifying objectives, strategies, costs, and monitoring arrangements. Control and enforcement mechanisms include the power to issue emergency and control orders, establish biosecurity zones, and give biosecurity directions, with clear procedures for notification, variation, and revocation. The Act limits the imposition of measures on persons except in emergencies and requires consultation with other authorities when protected species or heritage matters are affected. Reimbursement and compensation provisions address losses resulting from biosecurity measures, with eligibility, claims, and calculation of value governed by the Act and associated agreements or programs. Review mechanisms allow for internal and external appeals against regulatory decisions, except in certain emergency or public safety situations. Legal proceedings are supported by evidentiary provisions, defences, and the possibility of court orders for restoration, costs, and forfeiture. Miscellaneous provisions cover information management, immunity, advisory groups, and the making of regulations.