Commonwealth: Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (Cth)

Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 No. 62, 2015 Compilation No. 1 Compilation date: 20 September 2017 Includes amendments up to: Act No. 93, 2017 Registered: 27 September 2017 About this compilation This compilation This is a compilation of the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 that shows the text of the law as amended and in force on 20 September 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Repeals Quarantine Act 1908 Quarantine Charges (Collection) Act 2014 Schedule 2—Consequential amendments Archives Act 1983 Australian Postal Corporation Act 1989 Biological Control Act 1984 Customs Act 1901 Customs Administration Act 1985 Environment Protection and Biodiversity Conservation Act 1999 Fisheries Management Act 1991 Freedom of Information Act 1982 Imported Food Control Act 1992 Industry Research and Development Act 1986 Maritime Powers Act 2013 Maritime Transport and Offshore Facilities Security Act 2003 Migration Act 1958 National Health Act 1953 National Health Security Act 2007 National Residue Survey (Customs) Levy Act 1998 Plant Breeder's Rights Act 1994 Primary Industries (Customs) Charges Act 1999 Privacy Act 1988 Torres Strait Fisheries Act 1984 Schedule 3—Transitional provisions commencing on Royal Assent Schedule 4—Application, saving and transitional provisions commencing later Part 1—Preliminary Part 2—Managing biosecurity risks: goods Division 1—Goods brought into Australian territory or otherwise subject to quarantine Division 2—Import permits Division 3—Prohibited goods Part 3—Managing biosecurity risks: conveyances Part 4—Managing biosecurity risks: monitoring, control and response Part 5—Co‑regulatory approvals and compliance agreements Division 1—Co‑regulatory approvals Division 2—Compliance agreements Division 3—General provisions relating to applications Part 6—Emergencies Part 7—Compliance and enforcement Part 8—Governance and officials Part 9—Miscellaneous Division 1—Review of decisions Division 2—Cost recovery Division 3—Miscellaneous Part 10—Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to deal with consequential and transitional matters arising from the enactment of the Biosecurity Act 2015, and for related purposes 1 Short title This Act may be cited as the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015. 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. 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. 16 June 2015 2. Schedules 1 and 2 At the same time as section 3 of the Biosecurity Act 2015 commences. 16 June 2016 3. Schedule 3 The day this Act receives the Royal Assent. 16 June 2015 4. Schedule 4 At the same time as section 3 of the Biosecurity Act 2015 commences. 16 June 2016 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. Schedule 1—Repeals Quarantine Act 1908 1 The whole of the Act Repeal the Act. Quarantine Charges (Collection) Act 2014 2 The whole of the Act Repeal the Act. Schedule 2—Consequential amendments Archives Act 1983 1 Subsection 3(1) (paragraph (a) of the definition of Commission of inquiry) After "1908", insert "(as in force immediately before its repeal)". 2 Paragraph 22(5)(b) Repeal the paragraph, substitute: (b) the Agriculture Minister (within the meaning of the Biosecurity Act 2015) is taken to be the responsible Minister in relation to the records of the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); and Australian Postal Corporation Act 1989 3 Section 90E (paragraph (b) of the definition of compliance agency) Repeal the paragraph, substitute: (b) the Agriculture Department (within the meaning of the Biosecurity Act 2015); Biological Control Act 1984 4 Paragraph 5(2)(a) Repeal the paragraph, substitute: (a) the Biosecurity Act 2015; or Customs Act 1901 5 Subsection 4(1) (definition of AQIS) Repeal the definition. 6 Paragraph 5A(5)(a) Omit "matters of quarantine", substitute "biosecurity risks (within the meaning of the Biosecurity Act 2015)". 7 Paragraph 5A(5)(b) Omit "for quarantine purposes", substitute "for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015)". 8 Paragraph 5B(5)(a) Omit "matters of quarantine", substitute "biosecurity risks (within the meaning of the Biosecurity Act 2015)". 9 Paragraph 5B(5)(b) Omit "for quarantine purposes", substitute "for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015)". Customs Administration Act 1985 10 After paragraph 16(9)(h) Insert: (ha) a purpose relating to matters covered by the Biosecurity Act 2015; Environment Protection and Biodiversity Conservation Act 1999 11 Subsection 303EB(6) Omit "in accordance with the Quarantine Act 1908", substitute "not inconsistent with the Biosecurity Act 2015". 12 Subsection 303EB(11A) Repeal the subsection, substitute: (11A) Part 2 of the list is taken to include a live plant that is a CITES specimen the introduction of which into Australia is not inconsistent with the Biosecurity Act 2015. 13 Paragraph 303GV(1)(b) Repeal the paragraph, substitute: (b) the Biosecurity Act 2015; 14 Subsection 303GV(3) Omit "Quarantine Act 1908", substitute "Biosecurity Act 2015". 15 Paragraph 303GW(5)(a) Omit "Director of Animal and Plant Quarantine", substitute "Director of Biosecurity". 16 Subsection 303GW(6) Omit "Quarantine Act 1908", substitute "Biosecurity Act 2015". 17 Subsection 303GW(6) Before "subject to quarantine", insert "subject to biosecurity control under the Biosecurity Act 2015 or". 18 Paragraphs 397(3)(c) and (d) Repeal the paragraphs, substitute: (c) each biosecurity officer (within the meaning of the Biosecurity Act 2015). 19 Paragraph 524(3)(g) Repeal the paragraph, substitute: (g) the Biosecurity Act 2015; 20 Section 528 Insert: Director of Biosecurity has the same meaning as in the Biosecurity Act 2015. 21 Section 528 (definition of disease) Repeal the definition. Fisheries Management Act 1991 22 Paragraph 106D(1)(b) Omit "safety, public health or quarantine", substitute "safety or public health". 23 After paragraph 106D(1)(b) Insert: (ba) the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or Freedom of Information Act 1982 24 Subsection 4(1) (paragraph (a) of the definition of Commission of inquiry) After "1908", insert "(as in force immediately before its repeal)". 25 Paragraph 13(3)(b) Repeal the paragraph, substitute: (b) records of the Commission of inquiry (within the meaning of the Quarantine Act 1908, as in force immediately before its repeal) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 2015); and Imported Food Control Act 1992 26 Paragraph 6(a) Repeal the paragraph, substitute: (a) the Biosecurity Act 2015; or Industry Research and Development Act 1986 27 Paragraph 28D(4)(b) After "contravene", insert "the Biosecurity Act 2015 or". Maritime Powers Act 2013 28 Paragraph 91(2)(c) Omit "quarantine,". 29 After paragraph 91(2)(c) Insert: (ca) the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or Maritime Transport and Offshore Facilities Security Act 2003 30 Section 10 Insert: biosecurity officer has the same meaning as in the Biosecurity Act 2015. 31 Section 10 (definition of quarantine officer) Repeal the definition. 32 Paragraph 146(e) Omit "quarantine officers", substitute "biosecurity officers". 33 Paragraph 147(1)(e) Omit "quarantine officer", substitute "biosecurity officer". Migration Act 1958 34 Subparagraph 488(2)(a)(iv) After "relating to", insert "biosecurity risks (within the meaning of the Biosecurity Act 2015),". 35 Paragraph 488(2)(d) Repeal the paragraph, substitute: (d) authorise a biosecurity officer (within the meaning of the Biosecurity Act 2015) to perform for the purposes of a law relating to biosecurity risks (within the meaning of that Act), or a law relating to quarantine or health, one or more of those actions; or National Health Act 1953 36 Subsection 9B(10) Omit "conferred on the Minister by the Quarantine Act 1908", substitute "that may be exercised by the Minister under the Biosecurity Act 2015". National Health Security Act 2007 37 Subsection 3(1) Insert: Australian territory has the meaning given by section 12 of the Biosecurity Act 2015. listed human disease has the meaning given by section 42 of the Biosecurity Act 2015. 38 Subsection 3(1) (paragraph (a) of the definition of public health event of national significance) After "cases", insert "or potential cases". 39 At the end of section 8 Add: ; (e) preventing, or reducing the possibility of, a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory; (f) preventing a listed human disease from spreading to another country. 40 Division 6 of Part 2 (heading) Repeal the heading, substitute: Division 6—Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases 41 Section 13 (heading) Repeal the heading, substitute: 13 Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases 42 At the end of section 13 Add: Cases of listed human diseases (5) The Minister may take action under subsection (6) if: (a) a responsible Commonwealth, State or Territory body gives the National Focal Point information relating to one or more cases or potential cases of a listed human disease; or (b) the Minister considers that it is appropriate to take action under subsection (6) for a permissible purpose referred to in paragraph 8(e) or (f). (6) The Minister may: (a) notify any responsible Commonwealth, State or Territory body that is affected, or might be affected, by the case or potential case of the listed human disease; and (b) give such bodies any relevant information that is available to the Minister in relation to the case or potential case of the listed human disease; and (c) liaise with such bodies in relation to the case or the potential case of the listed human disease. National Residue Survey (Customs) Levy Act 1998 43 Paragraph 2(2)(b) of Schedule 2 Omit "longest", substitute "longer". 44 Subparagraph 2(2)(b)(ii) of Schedule 2 Repeal the subparagraph. 45 Paragraph 2(2)(b) of Schedule 5 Omit "longest", substitute "longer". 46 Subparagraph 2(2)(b)(ii) of Schedule 5 Repeal the subparagraph. Plant Breeder's Rights Act 1994 47 Subsection 3(1) Insert: biosecurity control order has the same meaning as in the Biosecurity Act 2015. biosecurity response zone has the same meaning as in the Biosecurity Act 2015. biosecurity response zone determination has the same meaning as in the Biosecurity Act 2015. release from biosecurity control has the same meaning as in the Biosecurity Act 2015. subject to biosecurity control has the same meaning as in the Biosecurity Act 2015. 48 Subsection 34(7) Repeal the subsection, substitute: (7) Subsection (6) does not apply to an applicant if, when the examination fee would become payable apart from this subsection: (a) the plant variety to which the application relates is subject to biosecurity control; or (b) a biosecurity control order is in force in relation to the plant variety to which the application relates; or (c) a biosecurity response zone determination is in force and the plant variety to which the application relates is in the biosecurity response zone. (8) If subsection (7) applies, the applicant must pay the prescribed examination fee within 12 months after (as the case requires): (a) the plant variety is released from biosecurity control; or (b) the biosecurity control order ceases to be in force in relation to the plant variety; or (c) the biosecurity response zone determination ceases to be in force. Primary Industries (Customs) Charges Act 1999 49 Paragraph 2(2)(b) of Schedule 3 Omit "longest", substitute "longer". 50 Subparagraph 2(2)(b)(ii) of Schedule 3 Repeal the subparagraph. 51 Paragraph 2(3)(b) of Schedule 12 Omit "longest", substitute "longer". 52 Subparagraph 2(3)(b)(ii) of Schedule 12 Repeal the subparagraph. Privacy Act 1988 53 Subsection 6(1) (paragraph (a) of the definition of Commission of inquiry) After "1908", insert "(as in force immediately before its repeal)". Torres Strait Fisheries Act 1984 54 Paragraph 52D(1)(b) Omit "safety, public health or quarantine", substitute "safety or public health". 55 After paragraph 52D(1)(b) Insert: (ba) the boat poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or Schedule 3—Transitional provisions commencing on Royal Assent 1 Determination of first points of entry Determination may be made without usual prerequisites (1) Despite subsections 223(2) and 229(2) of the Biosecurity Act, the Director of Biosecurity or the Director of Human Biosecurity: (a) may make a determination under subsection 223(1) of that Act in relation to a landing place even if the Director is not satisfied of the matters referred to in subsection 223(2) of that Act in relation to the landing place; and (b) may make a determination under subsection 229(1) of that Act in relation to a port even if the Director is not satisfied of the matters referred to in subsection 229(2) of that Act in relation to the port. Note: The Director may make the determination before the commencement of section 223 or 229 of the Biosecurity Act, relying on section 4 of the Acts Interpretation Act 1901. The determination will come into effect on or after that commencement. Limited life of determination made relying on subitem (1) (2) If the Director of Biosecurity or the Director of Human Biosecurity: (a) makes a determination under subsection 223(1) of the Biosecurity Act in relation to a landing place without being satisfied of the matters referred to in subsection 223(2) of that Act in relation to the landing place; or (b) makes a determination under subsection 229(1) of the Biosecurity Act in relation to a port without being satisfied of the matters referred to in subsection 229(2) of that Act in relation to the port; then the determination must not be expressed or varied to have effect for a period that is longer than the transition period or, if the transition period has been extended under subitem (4) for the landing place or port, the extended transition period. (3) Unless it has already ceased to have effect, a determination referred to in subitem (2) relating to a landing place or port ceases to have effect at the end of the transition period or, if the transition period has been extended under subitem (4) for the landing place or port, the extended transition period. Extending life of determination made relying on subitem (1) (4) If the Director of Biosecurity or the Director of Human Biosecurity is satisfied that: (a) the requirements referred to in subsection 223(2) of the Biosecurity Act will not be able to be met in relation to a landing place referred to in subitem (2) by the end of the transition period; or (b) the requirements referred to in subsection 229(2) of the Biosecurity Act will not be able to be met in relation to a port referred to in subitem (2) by the end of the transition period; the relevant Director may, by legislative instrument, extend the transition period in relation to the landing place or port. (5) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument made under subitem (4). Definitions (6) In this item: Biosecurity Act means the Biosecurity Act 2015. Director of Biosecurity has the same meaning as in the Biosecurity Act. Director of Human Biosecurity has the same meaning as in the Biosecurity Act. landing place has the same meaning as in the Biosecurity Act. port has the same meaning as in the Biosecurity Act. transition period means the 3 years beginning on the day on which section 3 of the Biosecurity Act commences. Operation before commencement of certain provisions of the Biosecurity Act (7) To avoid doubt, this item operates before the commencement of sections 9, 223, 229, 540 and 544 of the Biosecurity Act in the same way as this item would if those sections had commenced. Note: Sections 9, 540 and 544 of the Biosecurity Act define Director of Biosecurity, Director of Human Biosecurity, landing place and port. Schedule 4—Application, saving and transitional provisions commencing later Part 1—Preliminary 1 Definitions (1) In this Schedule: Biosecurity Act means the Biosecurity Act 2015. cessation time: (a) for a transitional approved arrangement that is taken to exist because of subitem 47(2)—has the meaning given by subitem 47(4); and (b) for a transitional approved arrangement that is taken to exist because of subitem 52(3)—has the meaning given by subitem 52(4). commencement day means the day on which section 3 of the Biosecurity Act commences. Quarantine Act means the Quarantine Act 1908. released from quarantine means released from quarantine under the Quarantine Act. subject to quarantine means subject to quarantine under the Quarantine Act. under, in relation to the Quarantine Act, has the meaning given by subsection 5(1A) of that Act immediately before its repeal. (2) An expression used in a provision of this Schedule and in the Biosecurity Act has the same meaning in that provision as it has in the Biosecurity Act, subject to subitem (3). (3) An expression used in a provision of this Schedule and in the Quarantine Act has the same meaning in that provision as it had in the Quarantine Act to the extent that: (a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the Quarantine Act before the commencement day; or (b) the provision has the effect that a provision of the Quarantine Act continues to apply despite the repeal of that Act. (4) A reference in this Schedule to any thing under a particular provision of the Quarantine Act that mentions the thing but does not give power to make, give or do the thing includes a reference to the thing made, given or done under subsection 6B(1) of the Quarantine Act for the purposes of the provision. 2 Section 7 of the Acts Interpretation Act 1901 This Schedule does not limit the effect of section 7 of the Acts Interpretation Act 1901 as it applies to the repeal of the Quarantine Act by this Act. Part 2—Managing biosecurity risks: goods Division 1—Goods brought into Australian territory or otherwise subject to quarantine 3 Goods brought into Australian territory or otherwise subject to quarantine before commencement day (1) For the purposes of the Biosecurity Act, goods in Australian territory at the beginning of the commencement day are taken to become subject to biosecurity control then if: (a) the goods had been brought into Australian territory on an aircraft or vessel that had entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory; and (b) any of the following subparagraphs applied to the goods immediately before the commencement day: (i) the goods had not been unloaded from the aircraft or vessel; (ii) the goods were within the precincts of a landing place or port; (iii) the goods were subject to quarantine and were at a place approved under subsection 46A(1) of the Quarantine Act; (iv) the goods were subject to quarantine and were subject to the application of procedures in accordance with a compliance agreement under section 66B of the Quarantine Act; (v) the goods had been ordered, or were taken to have been ordered, into quarantine under the Quarantine Act; (vi) the goods were in a quarantine station, or other quarantine or biosecurity facility, in accordance with a law of the Commonwealth or a State or Territory relating to quarantine or biosecurity; (vii) the goods were under quarantine surveillance under section 52 of the Quarantine Act; and (c) the goods had not been released from quarantine after the most recent time one of the subparagraphs of paragraph (b) started to apply to the goods. (2) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if, immediately before that day, the goods were subject to quarantine and there was in force one of the following that had not been fully complied with: (a) a notice under subsection 16AF(1) of the Quarantine Act authorising the goods to be brought into Australia, the Cocos Islands or Christmas Island and requiring a person to do a specified thing; (b) a condition, of a written permission under paragraph 20D(2)(b) or subsection 29(4), 29A(3) or 44B(6) or (7) of the Quarantine Act relating to the goods, that a person do a specified thing; (c) a direction under subsection 29B(1) or 44A(4), paragraph 48(2)(b), subsection 48AB(1), 48AC(1), 48AD(1) or 74D(1) of the Quarantine Act relating to the goods. (3) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if: (a) a direction relating to the goods had been given under subsection 48(1), (3) or (6) or 70D(2) of the Quarantine Act before that day (whether or not it had been fully complied with before that day); and (b) the goods were subject to quarantine immediately before that day. 4 Application of section 119 of the Biosecurity Act (1) Section 119 of the Biosecurity Act applies in relation to goods that are brought into Australian territory on an aircraft or vessel that enters Australian territory or after the commencement day during a flight or voyage that commenced outside Australian territory. (2) Subsections 119(3) and (4) of the Biosecurity Act also apply in relation to goods that are taken under item 3 to have become subject to biosecurity control. This has effect despite subsection 119(1) of that Act. 5 Notice of proposed importation of goods (1) If: (a) a person had given a notice of a proposed importation of goods into Australia, the Cocos Islands or Christmas Island, under subsection 16AC(1) of the Quarantine Act; and (b) the goods were not imported into Australia, the Cocos Islands or Christmas Island, before the commencement day; then the notice has effect, on and after the commencement day, as if it had been given in relation to the goods in accordance with subsection 120(1) of the Biosecurity Act. (2) If: (a) a person had imported goods into Australia, the Cocos Islands or Christmas Island before the commencement day; and (b) notice of the proposed importation of the goods had not been given under subsection 16AC(1) or (2) of the Quarantine Act before that day; then a notice in relation to the goods must be given in accordance with section 120 of the Biosecurity Act. 6 Notice requiring additional information about goods If: (a) a written notice had been given to a person under subsection 16AD(1) of the Quarantine Act requiring the person to give information about particular goods; and (b) the notice was in force immediately before the commencement day; then the requirement in the notice has effect, on and after the commencement day, as if it had been made by a biosecurity officer under subsection 126(1) of the Biosecurity Act. 7 Notice to do specified thing in relation to goods (1) This item applies if: (a) a notice had been given to a person under subsection 16AF(1) of the Quarantine Act requiring the person to do a specified thing in relation to goods that had been ordered into quarantine; and (b) the requirement in the notice had not been complied with before the commencement day; and (c) the goods had not been released from quarantine before the commencement day. (2) Despite the repeal of the Quarantine Act by this Act: (a) the person must comply with the requirement in the notice; and (b) subsection 16AF(3) of that Act continues to apply in relation to the requirement. (3) If: (a) complying with the requirement in the notice was a condition of the goods being released from quarantine; and (b) the person complies with the requirement on or after the commencement day; and (c) apart from this Act, the goods would have been released from quarantine at a particular time (the release time) wholly or partly because of that compliance; and (d) immediately before that time the goods were subject to biosecurity control because, under subitem 3(2), they were taken to become subject to biosecurity control at the beginning of the commencement day; the goods are taken for the purposes of the Biosecurity Act to be released from biosecurity control by notification under paragraph 162(1)(a) of that Act at the release time. 8 Unloading goods at landing place or port at which aircraft or vessel has arrived (1) This item applies in relation to goods brought into Australian territory on an aircraft or vessel that entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory if: (a) the aircraft or vessel has arrived at a landing place or port in Australian territory that was declared under the Quarantine Act to be a port at which goods of that kind or description were permitted to be landed; and (b) the goods are on board the aircraft or vessel that brought them into Australian territory; and (c) the goods are intended to be unloaded from the aircraft or vessel at that landing place or port. Note: The goods will be subject to biosecurity control because of item 3. (2) If the landing place or port is not a first point of entry for the goods, the Biosecurity Act applies as if the landing place or port were a first point of entry for the goods. (3) If there is a biosecurity entry point at the landing place or port for the goods but the goods have not been brought to that biosecurity entry point, the Biosecurity Act applies as if the place where the goods have been brought were a biosecurity entry point for the goods. Note: See section 147 of the Biosecurity Act. 9 Permission to land goods at place other than declared port (1) This item applies if: (a) a person had been given permission under paragraph 20D(2)(b) of the Quarantine Act for goods to be landed at a place; and (b) the permission was in force immediately before the commencement day. (2) The permission has effect, on and after the commencement day: (a) as if it were a permission given under subsection 146(2) of the Biosecurity Act for the goods to be unloaded at that place; and (b) if the permission was subject to any conditions—subject to those conditions. (3) If the permission has not ceased to be in force before the end of 1 year beginning on the commencement day, the permission ceases to be in force at the end of that period. 10 Permission to allow goods to be removed from vessel or installation (1) Subitem (2) applies if: (a) the master of a vessel or an installation had been given permission under subsection 29(4) of the Quarantine Act to allow another person to remove goods from the vessel or installation during a specified period; and (b) the permission was subject to a condition; and (c) the period had not ended before the commencement day. (2) Despite the repeal of the Quarantine Act by this Act: (a) the permission and the condition continue to have effect; and (b) subsection 29(5) of that Act continues to apply in relation to the permission and the condition. (3) Subitem (4) applies if: (a) the master of a vessel or an installation had been given permission under subsection 29A(3) of the Quarantine Act to allow another person to remove goods from the vessel or installation during a specified period; and (b) the permission was subject to a condition; and (c) the period had not ended before the commencement day. (4) Despite the repeal of the Quarantine Act by this Act: (a) the permission and the condition continue to have effect; and (b) subsections 29A(4) and (4A) of that Act continue to apply in relation to the permission and the condition. 11 Directions relating to movement of animals on aircraft or vessels If: (a) a person had been given a direction in relation to an animal under paragraph 29B(1)(a) of the Quarantine Act; and (b) the direction was in force immediately before the commencement day; then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subparagraph 128(1)(a)(iii) of the Biosecurity Act. 12 Goods on board aircraft or vessel that was in quarantine Direction not to unload goods (1) If: (a) goods are on board an aircraft or vessel that was in quarantine under the Quarantine Act immediately before the commencement day; and (b) the goods are subject to biosecurity control because of item 3; then a biosecurity officer is taken to have given the person in charge of the aircraft or vessel a direction under subsection 143(3) of the Biosecurity Act at the beginning of the commencement day not to allow the goods to be unloaded from the aircraft or vessel. Receiving or possessing goods unloaded in contravention of Quarantine Act (2) Without limiting its effect apart from this subitem, section 149 of the Biosecurity Act also has the effect it would have if: (a) the heading were amended by adding at the end "or the Quarantine Act 1908"; and (b) subparagraph (1)(b)(ii) were amended by inserting "or section 44 of the Quarantine Act 1908" after "subsection 145(1)"; and (c) paragraph (2)(b) were amended by inserting "or section 44 of the Quarantine Act 1908" after "subsection 145(1)". 13 Direction not to unload certain goods that were subject to quarantine If: (a) a person had been given a direction under subsection 44A(4) of the Quarantine Act not to unload goods from a vessel; and (b) the direction was in force immediately before the commencement day; then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subsection 144(3) of the Biosecurity Act. 14 Permission to do relevant act in relation to goods that were subject to quarantine If: (a) a person had been given permission under subsection 44B(6) or (7) of the Quarantine Act to do a relevant act in relation to goods; and (b) the permission was in force immediately before the commencement day; and (c) the goods are subject to biosecurity control because of item 3; then the permission has effect, on and after the commencement day, as if it were a permission given to the person under section 557 of the Biosecurity Act to do the relevant act in relation to the goods. 15 Directions about movement of goods On and after the commencement day, a direction or notice that: (a) was in force immediately before that day; and (b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and (c) was of a kind described in column 2 of the item; and (d) related to goods that are of a kind described in column 3 of the item; has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under section 132 of that Act in relation to the goods. Directions and notices relating to movement of goods Column 1 Column 2 Column 3 Provision of Quarantine Act Kind of direction or notice Kind of goods 1 Paragraph 48(1)(b) or subsection 48(3) or 48(6) Direction: Goods that: (a) that goods be taken to a place and detained there in a specified manner and for a specified period; or (a) had been ordered into quarantine under the Quarantine Act; and (b) that relates to the extent to which goods may be moved, dealt with or interfered with; or (b) had not been released from quarantine before the commencement day (c) that goods be detained at a vessel, installation, quarantine station or other place, in a specified manner and for a specified period 2 Subsection 52(5A) Direction relating to the movement of an animal Animal that was under quarantine surveillance under subsection 52(3) of the Quarantine Act 3 Subsection 56(1) Electronic notice including under paragraph 56(2)(d) or (e) of the Quarantine Act a requirement relating to the movement of goods Goods that were in quarantine immediately before the commencement day in accordance with the notice 4 Paragraph 70D(2)(a), (b) or (c) Direction relating to the leaving or movement of goods Goods that were subject to quarantine 16 Directions to treat goods On and after the commencement day, a direction or notice that: (a) was in force immediately before that day; and (b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and (c) was of a kind described in column 2 of the item; and (d) related to goods that are of a kind described in column 3 of the item; has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under subsection 133(1) of that Act in relation to the goods. Directions and notices relating to treatment of goods Column 1 Column 2 Column 3 Provision of Quarantine Act Kind of direction or notice Kind of goods 1 Paragraph 48(2)(b) Direction to cause goods to be treated in a specified manner Goods that: (a) had been ordered into quarantine under the Quarantine Act; and (b) had not been released from quarantine before the commencement day 2 Subsection 48AB(1) Direction to treat goods in a stated manner Animal, plant or other goods 3 Subsection 48AC(1) Direction to cause a plant, part of a plant, soil or seed to be treated in a specified manner Plant, part of a plant, soil or seed 4 Subsection 48AD(1) Direction to treat package, packing material or other waste material Package, packing material or other waste material situated at a place 5 Subsection 52(5A) Direction requiring an animal to be treated in a specified manner Animal that was under quarantine surveillance under subsection 52(3) of the Quarantine Act 6 Subsection 56(1) Electronic notice including under paragraph 56(2)(c) of the Quarantine Act a requirement to cause goods to be treated in a specified manner Goods that were in quarantine immediately before the commencement day in accordance with the notice 7 Subsection 74D(1) Direction to take measures in respect of goods to prevent the introduction, establishment or spread of a disease or pest Goods that: (a) either are infected or were subject to quarantine; and (b) are being, or will be, carried on a vehicle or vessel 17 Directions to destroy goods On and after the commencement day, a direction that: (a) was in force immediately before that day; and (b) was given to a person under a provision of the Quarantine Act described in column 1 of an item of the following table; and (c) was of a kind described in column 2 of the item; and (d) related to goods that are of a kind described in column 3 of the item; has effect as if it were a direction given to the person under paragraph 138(1)(a) of the Biosecurity Act to carry out a biosecurity measure required under subsection 136(1) of that Act in relation to the goods. Directions relating to destruction of goods Column 1 Column 2 Column 3 Provision of Quarantine Act Kind of direction Kind of goods 1 Paragraph 29B(1)(c) Direction about disposal of an animal Animal that was killed, or died, after being brought on board a vessel or installation 2 Subsection 48AD(1) Direction to destroy or otherwise dispose of package, packing material or other waste material Package, packing material or other waste material situated at a place 18 Directions in relation to goods ordered into quarantine (1) This item applies in relation to goods that: (a) had been ordered into quarantine under the Quarantine Act; and (b) had not been released from quarantine before the commencement day. Direction that goods be detained where they are (2) If: (a) a direction had been given to a person under paragraph 48(1)(a) of the Quarantine Act that the goods be detained on board a vessel or installation, or at premises, in a specified manner and for a specified period; and (b) the direction was in force immediately before the commencement day; then the direction has effect, on and after the commencement day, as if it were a direction given to the person under subsection 124(1) of the Biosecurity Act to secure the goods on board the vessel or installation, or at the premises, in the specified manner and for the specified period. Direction that goods be exported (3) If: (a) a direction had been given to a person under paragraph 48(1)(c) of the Quarantine Act that the goods be exported from Australia; and (b) the direction was in force immediately before the commencement day; then the direction has effect, on and after the commencement day, as if it were a direction given to the person under paragraph 135(2)(b) of the Biosecurity Act. 19 Goods that were required to be destroyed (1) This item applies in relation to goods that: (a) had been required under subsection 48AA(2) of the Quarantine Act to be destroyed; and (b) are subject to biosecurity control because of item 3. Ministerial approval not required (2) If the goods could have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act, then the Biosecurity Act applies in relation to the goods as if: (a) the goods were not high‑value goods; and (b) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed. Ministerial approval required and given (3) If: (a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and (b) the Minister's written approval had been given before the commencement day; then the Biosecurity Act applies in relation to the goods as if: (c) the goods were high‑value goods; and (d) a biosecurity officer had, under subsection 136(1) of that Act, required the goods to be destroyed. Ministerial approval required and not given (4) If: (a) the goods could not have been destroyed without the written approval of the Minister under subsection 48AA(3) of the Quarantine Act; and (b) the Minister's written approval had not been given before the commencement day; then the Biosecurity Act applies in relation to the goods as if they were high‑value goods. Note: The goods may be required to be destroyed under section 136 of the Biosecurity Act. 20 Treatment required that might damage goods (1) This item applies in relation to goods if: (a) the goods had been required under the Quarantine Act to be treated; and (b) a quarantine officer had believed on reasonable grounds that the goods could not be effectively treated without being damaged; and (c) the goods had not been treated as required before the commencement day. Permission for treatment given (2) If the owner of the goods, or the agent of the owner of the goods, had agreed to the treatment before the commencement day, then the Biosecurity Act (other than subsection 133(2) and section 134) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act. Permission for treatment requested but not given (3) If: (a) the owner of the goods, or the agent of the owner of the goods, had been given a notice under subsection 48AA(4) of the Quarantine Act; and (b) the owner or agent had not agreed to the treatment before the commencement day; and (c) the goods had not been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act; then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if: (d) the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act; and (e) the notice had been given to a person in charge of the goods under subsection 134(2) of that Act. Note: Item 24 deals with goods that had been forfeited to the Commonwealth under subsection 48AA(5) of the Quarantine Act. Permission for treatment not requested (4) If: (a) the owner of the goods, or the agent of the owner of the goods, had not been given a notice under subsection 48AA(4) of the Quarantine Act; and (b) the owner or agent had not agreed to the treatment before the commencement day; then the Biosecurity Act (other than subsection 133(2)) applies in relation to the goods as if the treatment of the goods had been required by a biosecurity officer under subsection 133(1) of that Act. 21 Direction to treat goods exposed to goods that were subject to quarantine If: (a) a person had been given a direction under subsection 48AB(1) of the Quarantine Act to treat goods; and (b) the direction was in force immediately before the commencement day; then the Biosecurity Act applies in relation to the goods as if an exposed goods order were in force in relation to the goods. 22 Direction to treat plant etc. If: (a) a person had been given a direction under subsection 48AC(1) of the Quarantine Act requiring a plant, a seed or soil to be treated in a specified manner; and (b) the direction was in force immediately before the commencement day; then the plant, seed or soil is taken for the purposes of the Biosecurity Act to be subject to biosecurity control (whether it is also taken under item 3 to become subject to biosecurity control or not). 23 Direction to treat or destroy package, packing material or other waste material If: (a) a person had been given a direction under subsection 48AD(1) of the Quarantine Act to treat, destroy or otherwise dispose of a package, packing material or other waste material; and (b) the direction was in force immediately before the commencement day; then the Biosecurity Act applies in relation to the package, packing material or other waste material as if it were subject to biosecurity control. 24 Abandoned or forfeited goods (1) If: (a) goods had been forfeited to the Commonwealth under subsection 48AA(5) or 48A(1), (2) or (3) of the Quarantine Act; and (b) the goods had not been disposed of as permitted by the relevant subsection before the commencement day; then the Biosecurity Act applies in relation to the goods as if they had been forfeited to the Commonwealth, at the beginning of the commencement day, under subsection 627(2) of that Act. (2) For the purpose of the application of the Biosecurity Act in relation to goods to which subitem (1) applies, the Director of Biosecurity may, if necessary, take possession of the goods. (3) If: (a) a notification under paragraph 48A(2)(a) of the Quarantine Act had been given to the owner of goods less than 30 days before the commencement day; and (b) the owner of the goods had not collected the goods before the commencement day; and (c) the owner of the goods does not collect the goods within 30 days after the date on which the notification was given; then: (d) the goods are forfeited to the Commonwealth at the end of that 30‑day period; and (e) the Biosecurity Act applies in relation to the goods as if the forfeiture had occurred under subsection 627(2) of that Act. 25 Goods ordered into quarantine by electronic notice Despite the repeal of the Quarantine Act by this Act: (a) a notice that: (i) was given to a person under subsection 56(1) of that Act before the commencement day; and (ii) was in force immediately before the commencement day; and (iii) ordered goods into quarantine and set out the extent (if any) to which the person may deal with or interfere with the goods; and (iv) related to goods that were in quarantine immediately before the commencement day; continues to have effect to the extent that it set out the extent (if any) to which the person may deal with or interfere with the goods; and (b) subsection 56(5) of that Act continues to apply to a notice described in paragraph (a) of this item: (i) to the extent that the notice set out the extent (if any) to which the person may deal with or interfere with the goods; and (ii) as if paragraph (c) of that subsection referred to biosecurity risk, within the meaning of the Biosecurity Act, instead of quarantine risk. 26 Offence of possessing or conveying goods imported in contravention of Quarantine Act Despite the repeal of the Quarantine Act, subsection 70C(3) of that Act continues to apply. 27 Directions to persons in quarantine stations etc. to undergo decontamination If: (a) a person had been given a direction under subsection 70E(1) or (2) of the Quarantine Act to subject himself or herself to decontamination; and (b) the direction was in force immediately before the commencement day; then the direction has effect, on and after the commencement day, as if it were a direction given to the person under paragraph 559(4)(a) of the Biosecurity Act. 28 Notices affixed to goods by quarantine officer If: (a) a notice had been affixed on goods under paragraph 74(1)(b) of the Quarantine Act; and (b) the notice had not been removed from the goods before the commencement day; then the notice has effect, on and after the commencement day, as if: (c) the notice were a biosecurity control notice affixed to the goods under subsection 129(1) of the Biosecurity Act; and (d) a reference in the notice to the Quarantine Act 1908 were a reference to the Biosecurity Act 2015; and (e) a reference in the notice to quarantine risk were a reference to biosecurity risk; and (f) a reference in the notice to the level of quarantine risk were a reference to the level of biosecurity risk. Division 2—Import permits 29 Import permits in force before the commencement day If: (a) a person had been granted a permit by a Director of Quarantine to import goods into Australia, the Cocos Islands or Christmas Island; and (b) the permit was in force immediately before the commencement day; then the permit has effect, on and after the commencement day: (c) as if it were a permit granted to the person by the Director of Biosecurity under section 179 of the Biosecurity Act, authorising, for the purposes of that Act, the person, or a person acting on behalf of the person, to import the goods into Australian territory; and (d) subject to any conditions specified in the permit; and (e) until the end of the period for which it was granted, unless it is earlier varied, suspended or revoked under section 181 of the Biosecurity Act. 30 Applications for import permits not decided before the commencement day If: (a) an application had been made to a Director of Quarantine, in accordance with regulations made for the purposes of subparagraph 87(1)(ra)(i) of the Quarantine Act, for a permit to import goods into Australia, the Cocos Islands or Christmas Island; and (b) no decision on the application had been made before the commencement day; then the application is taken, on and after the commencement day, to be an application, made under section 177 of the Biosecurity Act at the beginning of the commencement day, for a permit authorising, for the purposes of that Act, the applicant or a person acting on behalf of the applicant, to import the goods into Australian territory. Division 3—Prohibited goods 31 Goods imported etc. in contravention of Quarantine Act (1) This item applies in relation to animals, plants or other goods that, before the commencement day: (a) had been imported or introduced into, or brought into any port or other place in Australia, the Cocos Islands or Christmas Island; or (b) had been removed from a place to another place as described in paragraph 68(1)(b) of the Quarantine Act; or (c) had been moved, interfered with or dealt with; in contravention of the Quarantine Act. (2) If: (a) the animals, plants or other goods had not been seized under subsection 68(2) of the Quarantine Act; and (b) a notice had not been given to a person under subsection 68(3) of that Act; then section 628 of the Biosecurity Act applies to the animals, plants or other goods (despite subsection (1) of that section). (3) If: (a) the animals, plants or other goods had not been seized under the Quarantine Act; and (b) a notice had been given to a person under subsection 68(3) or (8) of that Act (except a notice revoking a notice under subsection 68(3) of that Act); then: (c) section 628 of the Biosecurity Act applies to the animals, plants or other goods (despite subsection (1) of that section); and (d) the person in charge of the animals, plants or other goods is taken to have been notified under subsection 628(4) of that Act. (4) If, before the commencement day, the animals, plants or other goods had been forfeited to the Commonwealth under paragraph 68(2)(a) or (9)(c) of the Quarantine Act but had not been sold, destroyed, exported or disposed of under section 68 of that Act, subsection 628(5) of the Biosecurity Act applies to the animals, plants or other goods (despite subsection 628(1) of that Act). Part 3—Managing biosecurity risks: conveyances 32 Conveyances in Australian territory on commencement day (1) For the purposes of the Biosecurity Act, a conveyance in Australian territory is taken to become subject to biosecurity control under subsection 191(2) of that Act at the beginning of the commencement day if: (a) the conveyance had entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory; or (b) the conveyance was subject to quarantine (including because of subsection 19(1) or (4) or 19AA(1) or (4) of the Quarantine Act) immediately before the commencement day. (2) However, a conveyance referred to in paragraph (1)(a) is not taken to become subject to biosecurity control because of subitem (1) if the conveyance: (a) had been ordered, or was taken to have been ordered, into quarantine under the Quarantine Act; and (b) had been released from quarantine; and (c) was not subject to quarantine immediately before the commencement day. 33 Application of Biosecurity Act to conveyances in Australian territory on commencement day (1) Section 191 of the Biosecurity Act applies in relation to an aircraft or vessel that enters Australian territory on or after the commencement day during a flight or voyage that commenced outside Australian territory. (2) Subsections 191(3) and (4) of the Biosecurity Act also apply to a conveyance that is taken under item 32 to have become subject to biosecurity control. This has effect despite subsection 191(1). (3) Despite subitem 32(1), a biosecurity officer must not exercise a power under subsection 206(2) (movement of certain aircraft and vessels) of the Biosecurity Act in relation to a conveyance that is subject to biosecurity control because of that subitem unless the conveyance had originally entered Australian territory during a journey that commenced outside Australian territory. (4) If, because of subitem (3), a biosecurity officer cannot exercise a power under subsection 206(2) of the Biosecurity Act in relation to a conveyance, the biosecurity officer may exercise a power under subsection 207(2) (movement of conveyances) of that Act in relation to the conveyance. This has effect despite subitem 32(1). 34 Permissions for aircraft or vessels to be brought to place other than landing place or first port of entry (1) If: (a) permission had been given under subsection 20AA(1) of the Quarantine Act for a vessel to be brought to a place (the alternative place) other than a first port of entry, a first Cocos Island port of entry, a first Christmas Island port of entry or a landing place; and (b) the permission was in force immediately before the commencement day; then the permission has effect, on and after the commencement day: (c) as if it were a permission: (i) if the vessel was an aircraft—given under subsection 239(2) of the Biosecurity Act for the aircraft to land at the alternative place; or (ii) if the vessel was not an aircraft—given under subsection 247(2) of the Biosecurity Act for the vessel to be moored at the alternative place; and (d) if the permission was subject to any conditions—subject to those conditions. (2) If the permission has not ceased to be in force before the end of 2 years beginning on the commencement day, the permission ceases to be in force at the end of that period. 35 Notification of outbreak of disease on aircraft or vessel If the master of an aircraft or vessel had notified a quarantine officer of a matter referred to in paragraph 22(2)(a) of the Quarantine Act, then the notification has effect, on and after the commencement day, as if it were a report about the matter given under section 193 of the Biosecurity Act in accordance with subsection 193(2) of that Act. 36 Requirement relating to movement of vessel If: (a) the master of a vessel had been required, under section 25 of the Quarantine Act, to bring the vessel to; and (b) the requirement was in force immediately before the commencement day; then the requirement has effect, on and after the commencement day, as if it were a direction given to the person in charge of the vessel under subparagraph 202(1)(a)(ii) of the Biosecurity Act. 37 Pre‑arrival reports for vessels (1) This item applies if: (a) a vessel (including an installation) had entered Australian territory before the commencement day, or it is intended that the vessel enter Australian territory on or after that day, during a voyage that commenced outside Australian territory; and (b) information in respect of the vessel had been given to a quarantine officer as required by subsection 27A(2) of the Quarantine Act before the commencement day. (2) The operator of the vessel is not required to comply with section 193 of the Biosecurity Act in relation to the vessel. (3) If information in respect of the vessel had also been given to a quarantine officer under subsection 27A(3) of the Quarantine Act, the operator of the vessel is not required to comply with section 194 of the Biosecurity Act in relation to that information. (4) However, if the person in charge or the operator of the vessel becomes aware after the commencement day that information given under subsection 27A(2) or (3) of the Quarantine Act was incomplete or incorrect, then the operator must give the additional or corrected information to a biosecurity officer under section 194 of the Biosecurity Act as soon as practicable. (5) For the purposes of subitem (4), section 194 of the Biosecurity Act applies as if a reference to a report in relation to the vessel under section 193 included a reference to information in respect of the vessel under subsection 27A(2) or (3) of the Quarantine Act. 38 Pre‑arrival reports for aircraft (1) This item applies if: (a) an aircraft had entered Australian territory before the commencement day, or it is intended that the aircraft enter Australian territory on or after that day, during a flight that commenced outside Australian territory; and (b) information in respect of the aircraft had been given to a quarantine officer as required by subsection 27B(2) of the Quarantine Act before the commencement day. (2) The operator of the aircraft is not required to comply with section 193 of the Biosecurity Act in relation to the aircraft. (3) If information in respect of the aircraft had also been given to a quarantine officer under subsection 27B(3) of the Quarantine Act, the operator of the aircraft is not required to comply with section 194 of the Biosecurity Act in relation to that information. (4) However, if the person in charge or the operator of the aircraft becomes aware after the commencement day that information given under subsection 27B(2) or (3) of the Quarantine Act was incomplete or incorrect, then the operator must give the additional or corrected information to a biosecurity officer under section 194 of the Biosecurity Act as soon as practicable. (5) For the purposes of subitem (4), section 194 of the Biosecurity Act applies as if a reference to a report in relation to the aircraft under section 193 included a reference to information in respect of the aircraft under subsection 27B(2) or (3) of the Quarantine Act. 39 Directions about movement of conveyances (1) This item applies to a direction that: (a) was in force immediately before the commencement day; and (b) was given under subsection 36(1) or (2), 74D(1) or 78B(1) of the Quarantine Act to a person in charge of a conveyance that is taken under item 32 of this Schedule to have become subject to biosecurity control at the beginning of the commencement day (whether because of paragraph (1)(a) of that item or not). (2) To the extent that the direction relates to movement of the conveyance, the direction has effect on and after the commencement day as if it were a direction given to the person in charge of the conveyance under paragraph 206(2)(a) of the Biosecurity Act. 40 Movement of conveyance in quarantine (1) This item applies in relation to a conveyance that was in quarantine immediately before the commencement day. (2) A biosecurity officer is taken to have given the person in charge of the conveyance a direction under subparagraph 202(1)(a)(iii) of the Biosecurity Act at the beginning of the commencement day not to allow the conveyance to be moved. Note: Section 40 of the Quarantine Act would hav