Queensland: Biosecurity Act 2014 (Qld)

Biosecurity Act 2014 An Act to provide for a comprehensive biosecurity framework to manage the impacts of animal and plant diseases and pests in a timely and effective way and ensure the safety and quality of animal feed, fertilisers and other agricultural inputs Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Biosecurity Act 2014. 2 Commencement (1) This Act commences on a day to be fixed by proclamation. (2) However, if no day has been fixed by 1 July 2016, the Act commences on that day. (3) The Acts Interpretation Act 1954, section 15DA does not apply to this Act. 3 Simplified outline of main provisions of Act (1) Chapter 1 describes the purposes and scope of the Act and defines key concepts. (2) Chapter 2 imposes— (a) a general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and (b) other obligations in relation to biosecurity matter that is prohibited or restricted matter; and (c) obligations on persons to notify an inspector about particular incidents. (3) Chapter 3 establishes the functions and obligations of local governments and continues the Land Protection Fund. (4) Chapter 4 deals with invasive animal boards and barrier fencing. (5) Chapter 5 provides for codes of practice and guidelines to be made under this Act. (6) Chapter 6 establishes procedures for dealing with biosecurity emergencies and risks. (7) Chapter 7 provides for the registration of entities and places and a system for the identification and tracking of particular animals. (8) Chapter 8 creates a permit process to allow particular dealings with biosecurity matter that is prohibited or restricted matter. (9) Chapter 9 provides for the making of programs for the surveillance, and prevention and control, of biosecurity risks. (10) Chapter 10 provides for persons appointed to perform functions under the Act to exercise powers and enter places, seize things and obtain information. (11) Chapter 11— (a) establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and (b) deals with the effect of industry compensation schemes on statutory compensation. (12) Chapter 12 deals with evidence, legal proceedings and the review of decisions made under the Act. (13) Chapter 13 provides for the giving of biosecurity orders to persons to deal with biosecurity risks. (14) Chapter 14 empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act. (15) Chapter 15 provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act. (16) Chapter 16 establishes auditing processes for accreditations given, and agreements made, under this Act. (17) Chapter 17 provides for the amendment, suspension and cancellation of particular authorities granted under this Act. (18) Chapter 18 deals with miscellaneous matters for the administration of this Act. (19) Chapter 19 repeals particular Acts and provides for savings and transitional matters. Part 2 Purposes of Act and achieving the purposes 4 Purposes of Act (1) The main purposes of this Act are as follows— (a) to provide a framework for an effective biosecurity system for Queensland that— (i) helps to minimise biosecurity risks; and (ii) facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way; (b) to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs; (c) to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants. (2) It is also a purpose of this Act to manage risks associated with the following— (a) emerging, endemic and exotic pests and diseases that impact on— (i) plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or (ii) the built environment; or (iii) companion or leisure animals; or (iv) biodiversity and the natural environment; or (v) tourism, lifestyle and pleasure industries; or (vi) infrastructure and service industries, including power, communication, shipping and water supplies; (b) the transfer of diseases from animals to humans and from humans to animals; (c) biological, chemical and physical contaminants in carriers. (3) In this section— built environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity. 5 How purposes are primarily achieved The purposes of this Act are to be achieved primarily by— (a) imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration); and (b) regulating activities involving biosecurity matter or carriers; and (c) including in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and (d) providing for flexible and timely ways of minimising and mitigating biosecurity risks; and (e) providing for monitoring and enforcement of compliance with this Act; and (f) providing for codes of practice relating to a person's obligations under this Act; and (g) providing for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and (h) providing for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks. Part 3 Application and operation of Act 6 Scope of Act generally This Act includes within its scope— (a) acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and (b) any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk. 7 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act. 8 General application of Act to ships (1) This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters). (2) This Act applies to— (a) a ship in Queensland waters; and (b) to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001—a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland. (3) This Act does not apply to— (a) a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or (b) a ship of the Australian Defence Force or of a defence force of another country. 9 Relationship with particular Acts (1) This Act is in addition to, and does not limit, any other Act. (2) If this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency— (a) Biological Control Act 1987; (b) Food Act 2006; (c) Food Production (Safety) Act 2000; (d) the Gene Technology Act 2000 (Cwlth), as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016; (e) Public Health Act 2005. (3) Subject to subsection (4), this Act does not affect the application of a relevant Act. (4) A person who does an act authorised under chapter 6, part 1 or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10, part 3 is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps. (5) The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, chapter 2 does not apply in relation to a barrier fence. (6) In this section— relevant Act means any of the following— (a) Economic Development Act 2012; (b) Fisheries Act 1994; (c) Forestry Act 1959; (d) Marine Parks Act 2004; (e) Nature Conservation Act 1992; (f) Planning Act 2016; (g) Vegetation Management Act 1999. 10 Contravention of this Act does not create civil cause of action No provision of this Act creates a civil cause of action based on a contravention of the provision. 11 Act does not affect other rights or remedies (1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. 12 Community involvement in administration of Act This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally. Part 4 Interpretation Division 1 Dictionary 13 Definitions The dictionary in schedule 4 defines particular words used in this Act. Division 2 Key concepts and definitions 14 What is a biosecurity event A biosecurity event is an event comprising something that— (a) has happened, is happening or may happen; and (b) has had, is having or may have a significant adverse effect on a biosecurity consideration; and (c) was or is being caused by, or may be or may have been caused by, biosecurity matter. Examples— 1 A horse has died and it has been confirmed that the death was caused by the Hendra virus infection. This may have a significant adverse effect on human health. 2 There has been a suspected outbreak of foot and mouth disease in another State that may spread to the State and may have a significant adverse effect on the economy. 15 What is biosecurity matter (1) Biosecurity matter is— (a) a living thing, other than a human or part of a human; or (b) a pathogenic agent that can cause disease in— (i) a living thing, other than a human; or (ii) a human, by the transmission of the pathogenic agent from an animal to the human; or (c) a disease; or (d) a contaminant. (2) If biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle. Examples of stages of the life cycle for particular biosecurity matter— egg, larva, pupa, adult (3) If schedule 1 or 2, a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name. 16 What is a biosecurity risk A biosecurity risk is a risk of any adverse effect on a biosecurity consideration caused by, or likely to be caused by— (a) biosecurity matter; or (b) dealing with biosecurity matter or a carrier; or (c) carrying out an activity relating to biosecurity matter or a carrier. 17 What is a carrier (1) A carrier is any animal or plant, or part of any animal or plant, or any other thing— (a) capable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or (b) containing biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing. (2) In this section— thing— (a) means a thing, whether alive, dead or inanimate; and (b) includes a human. 18 What is a contaminant (1) A contaminant is anything that may be harmful to animal or plant health or pose a risk of any adverse effect on a biosecurity consideration. (2) The presence of a contaminant in a carrier may be harmful to any animal or plant, or part of an animal or plant, that the carrier attaches to or enters. (3) The presence of a contaminant in a carrier may be caused by— (a) manufacturing, packaging, packing, preparing, processing, producing, storing, treating or transporting the carrier; or (b) environmental contamination of the carrier. Examples of a contaminant— • pathogenic bacteria in irrigation water • environmental contaminants, including dioxins and residual organochlorine pesticides and nanoparticles • heavy metals in fertilisers and animal feed • waste from industrial and mining activities, including waste containing asbestos, heavy metals or radioactive material • weed seeds 19 What is prohibited matter Prohibited matter is biosecurity matter that, for the time being, is established as prohibited matter under chapter 2. 20 Prohibited matter criteria Biosecurity matter satisfies the prohibited matter criteria if— (a) the biosecurity matter is not currently present or known to be present in the State; and (b) there are reasonable grounds to believe that if it did enter the State or part of the State the biosecurity matter may have a significant adverse effect on a biosecurity consideration. Example of significant adverse effect on a biosecurity consideration— The entry of particular biosecurity matter into the State may have a significant adverse effect on the economy if, for the purposes of trade in or market access for a product, there were to be imposed a requirement to prove that the product is free from the biosecurity matter. 21 What is restricted matter (1) Restricted matter is biosecurity matter that, for the time being, is established as restricted matter under chapter 2. (2) Restricted matter has the category number or numbers assigned to it in schedule 2 or in the restricted matter regulation that, under chapter 2, provides for its establishment as restricted matter. (3) A reference in this Act to restricted matter of a particular category number is a reference to restricted matter that is assigned that category number in schedule 2 or the restricted matter regulation. 22 Restricted matter criteria Biosecurity matter satisfies the restricted matter criteria if— (a) the biosecurity matter is currently present in the State; and (b) there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the biosecurity matter to reduce, control or contain it, it may have an adverse effect on a biosecurity consideration. Chapter 2 Significant obligations and offences Part 1 General biosecurity obligation 23 What is a general biosecurity obligation (1) This section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk. (2) The person has an obligation (a general biosecurity obligation) to take all reasonable and practical measures to prevent or minimise the biosecurity risk. (3) Also, the person has an obligation (also a general biosecurity obligation)— (a) to prevent or minimise adverse effects on a biosecurity consideration of the person's dealing with the biosecurity matter or carrier or carrying out the activity; and (b) to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and (c) not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration. Examples of things that may exacerbate the adverse effects, or potential adverse effects, of biosecurity matter, a carrier or an activity— • failing to isolate an infected animal from a herd • failing to wash footwear before leaving a property on which anthrax is present • inappropriately disposing of leaf litter containing a plant virus or disease • failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops • failing to manage the impact of invasive plants and animals on a person's land (4) For subsection (1), carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present. 24 General biosecurity obligation offence provision (1) A person on whom a general biosecurity obligation is imposed must discharge the obligation. Maximum penalty— (a) if the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or (b) if the offence is not an aggravated offence— (i) for a breach in relation to prohibited matter—1,000 penalty units or 1 year's imprisonment; or (ii) for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or (iii) otherwise—500 penalty units. (2) If the offence is not an aggravated offence, it is a defence for the person to show that the person had a reasonable excuse for failing to discharge the obligation. 25 Effect of regulation for discharge of general biosecurity obligation (1) This section applies if a provision of a regulation (regulation provision) is identified in the regulation as a provision that prescribes a way of discharging a person's general biosecurity obligation. (2) Unless otherwise stated in the regulation, the regulation provision does not prescribe all that a person to whom the provision applies must do, or must not do, to discharge the person's general biosecurity obligation. (3) However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes the regulation provision. 26 Effect of code of practice for discharge of general biosecurity obligation (1) This section applies if a code of practice states a way of discharging a person's general biosecurity obligation. (2) Unless otherwise stated in the code of practice, the code of practice does not state all that a person to whom the code of practice applies must do, or must not do, to discharge the person's general biosecurity obligation. (3) However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person— (a) contravenes, or otherwise acts inconsistently with, the code of practice; and (b) does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation. (4) Also, for applying the general biosecurity obligation offence provision, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person's biosecurity obligation, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, the code of practice or stated part. 27 Aggravated offences—significant damage to health and safety of people or to the economy or environment (1) An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the economy or the environment. (2) To prove an aggravated offence, the prosecution must prove that the person who committed the offence— (a) intended the person's conduct to cause significant damage to the health and safety of people or to the economy or the environment; or (b) was reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment. 28 Defence of due diligence (1) In a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person's control. (2) Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that— (a) the conduct alleged to constitute the offence was due to— (i) an act or default of another person; or (ii) reliance on information supplied by another person; and (b) the person made all reasonable enquiries about— (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and (c) any of the following applied— (i) the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances; (ii) if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person; Example— checks carried out by a veterinary surgeon (iii) it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and (d) the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter. (3) Also, without limiting the ways in which a person proves the matter stated in subsection (1) or (2)(c)(i), a person proves the matter if the person proves that— (a) if a regulation prescribes a way in which a person's general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or (b) if a code of practice states a way in which a person's general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way. (4) This section is not intended to exclude the operation of the Criminal Code, section 24. (5) In subsection (2)(a) and (c)— another person does not include a following person— (a) an employee or agent of the defendant; (b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant. Part 2 Prohibited matter Division 1 Establishing what is prohibited matter 29 Basic prohibited matter declaration provision (1) Biosecurity matter mentioned in schedule 1 is prohibited matter. (2) However, the operation of subsection (1) may be affected by a prohibited matter regulation or an emergency prohibited matter declaration. 30 Prohibited matter regulation (1) A regulation (a prohibited matter regulation) may— (a) declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or (b) declare that particular biosecurity matter mentioned in schedule 1, or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter. (2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that— (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20; and (b) prompt action is required to declare the biosecurity matter to be prohibited matter. (3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that— (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and (b) prompt action is required to declare the biosecurity matter not to be prohibited matter. (4) A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter. 31 Chief executive may make emergency prohibited matter declaration (1) The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration)— (a) declare any of the following to be prohibited matter— (i) biosecurity matter not mentioned in schedule 1; (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1)(a)(ii) allows biosecurity matter that is included in schedule 1, but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. (b) declare that particular biosecurity matter mentioned in schedule 1, or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter. (2) The chief executive may make an emergency prohibited matter declaration under subsection (1)(a) only if the chief executive is satisfied that— (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20; and (b) urgent action is required to declare the biosecurity matter to be prohibited matter. (3) The chief executive may make an emergency prohibited matter declaration under subsection (1)(b) only if the chief executive is satisfied that— (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and (b) urgent action is required to declare the biosecurity matter not to be prohibited matter. (4) The chief executive must publish an emergency prohibited matter declaration in full on the department's website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made. (5) As soon as practicable after making an emergency prohibited matter declaration, the chief executive must— (a) publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and (b) take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails and text messages; (iii) automated telephoning. (6) An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5). 32 Matters for inclusion in emergency prohibited matter declaration An emergency prohibited matter declaration must include provisions that state— (a) a description of the biosecurity matter the subject of the declaration; and (b) when the declaration starts; and (c) when the declaration expires if it is not sooner revoked. 33 Effect and duration of emergency prohibited matter declaration (1) An emergency prohibited matter declaration has effect from when it is made. (2) Unless it is sooner revoked, an emergency prohibited matter declaration stays in force until the earlier of the following to happen— (a) 3 months elapse after the making of the emergency prohibited matter declaration; (b) a prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration. 34 Requirement for both prohibited matter regulation and emergency prohibited matter declaration to classify new prohibited matter A prohibited matter regulation or emergency prohibited matter declaration that declares biosecurity matter to be prohibited matter must also declare in which part of schedule 1 the prohibited matter may be taken to be included. 35 Up-to-date listing of all prohibited matter to be available on the department's website The Minister must keep on the department's website an up-to-date list of all biosecurity matter that is for the time being prohibited matter. Division 2 Obligations relating to prohibited matter 36 Reporting presence of prohibited matter (1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter— (a) at a place of which the person is an occupier; or (b) in the person's possession or under the person's control; or (c) in or on a carrier at a place of which the person is an occupier; or (d) in or on a carrier in the person's possession or under the person's control. (2) If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay. Maximum penalty—1,000 penalty units or 1 year's imprisonment. (3) However, the person is not required to advise an inspector under subsection (2) if— (a) the biosecurity matter is in the possession of a person, or is otherwise under a person's control, under a prohibited matter permit; or (b) the biosecurity matter is in the lawful possession of a person, or is otherwise under a person's lawful control, under another Act or a law of the Commonwealth. (4) Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person. Example— A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person's animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made. (5) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter. Maximum penalty—1,500 penalty units or 1 year's imprisonment. 37 Dealing with prohibited matter (1) A person must not deal with prohibited matter. Maximum penalty—1,000 penalty units or 1 year's imprisonment. (2) A person does not commit an offence against subsection (1) only because the person advises an inspector under this part about the discovery of prohibited matter. (3) Subsection (1) does not apply to a dealing with prohibited matter— (a) that is— (i) authorised under a prohibited matter permit; or (ii) authorised under a biosecurity emergency order or biosecurity emergency order permit; or (iii) for the purposes of its seizure under chapter 10 as evidence of the commission of an offence; or (iv) authorised under another Act or a law of the Commonwealth; or (b) for which the person has a reasonable excuse. Part 3 Restricted matter Division 1 Establishing what is restricted matter 38 Basic restricted matter declaration provision (1) Biosecurity matter mentioned in schedule 2 is restricted matter. (2) However, the operation of subsection (1) may be affected by— (a) a restricted matter regulation; or (b) a prohibited matter regulation, but only in the way mentioned in part 2, division 1. 39 Restricted matter regulation (1) A regulation (a restricted matter regulation) may— (a) declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or (b) declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter. (2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that— (a) the biosecurity matter may pose a biosecurity risk; and (b) the biosecurity matter satisfies the restricted matter criteria as provided for in section 22; and (c) prompt action is required to declare the biosecurity matter to be restricted matter. (3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that— (a) it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and (b) prompt action is required to declare the biosecurity matter not to be restricted matter. 40 Requirement for restricted matter regulation to classify new restricted matter A restricted matter regulation that declares biosecurity matter to be restricted matter— (a) must also declare in which particular provisions of schedule 2 the restricted matter may be taken to be included; and (b) must assign a category number or category numbers to the restricted matter. 41 Up-to-date listing of all restricted matter to be available on the department's website The Minister must keep on the department's website an up-to-date list of all biosecurity matter that is for the time being restricted matter. Division 2 Obligations relating to restricted matter 42 Reporting presence of category 1 or 2 restricted matter (1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 restricted matter— (a) at a place of which the person is an occupier; or (b) in the person's possession or under the person's control; or (c) in or on a carrier at a place of which the person is an occupier; or (d) in or on a carrier in the person's possession or under the person's control. (2) If the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1). Maximum penalty— (a) for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or (b) for a breach in relation to category 2 restricted matter—200 penalty units. (3) However, the person is not required to advise an appropriate authorised officer under subsection (2) if— (a) the biosecurity matter is in the possession of a person, or is otherwise under a person's control, under a restricted matter permit; or (b) the biosecurity matter is in the lawful possession of a person, or is otherwise under a person's lawful control, under another Act or a law of the Commonwealth. (4) Also, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person. Example— A person would not be required to advise an appropriate authorised officer of the presence of category 1 or category 2 restricted matter in 1 of the person's animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made. (5) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the restricted matter. Maximum penalty—750 penalty units. (6) In this section— appropriate authorised officer means— (a) if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or (b) if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer. 43 Distributing or disposing of category 3 restricted matter (1) A person who has category 3 restricted matter in the person's possession or under the person's control must not distribute or dispose of the restricted matter unless the distribution or disposal is— (a) performed in the way prescribed under a regulation; or (b) authorised under a restricted matter permit; or (c) performed by an authorised officer in the performance of the authorised officer's functions under this Act; or (d) for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or (e) for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or (f) for a purpose prescribed by regulation. Maximum penalty—500 penalty units. (2) However, subsection (1) does not apply if— (a) the category 3 restricted matter is an invasive plant; and (b) an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal. (3) A person who has a thing infested with category 3 restricted matter in the person's possession or under the person's control must not distribute or dispose of the thing unless the distribution or disposal is— (a) performed in the way prescribed under a regulation; or (b) authorised under a restricted matter permit; or (c) performed by an authorised officer in the performance of the authorised officer's functions under this Act. Maximum penalty—500 penalty units. (4) However, subsection (3) does not apply if— (a) a thing is infested with category 3 restricted matter that is an invasive plant; and (b) an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal. (5) In this section— distribute, restricted matter or a thing, includes the following— (a) giving the restricted matter or thing to another person; (b) selling or trading in the restricted matter or thing; (c) releasing the restricted matter or thing into the environment. 44 Requirement to kill and dispose of category 7 restricted matter (1) A person who has category 7 restricted matter in the person's possession or under the person's control must, as soon as practicable, kill the restricted matter. Maximum penalty—500 penalty units. Note— A guideline could apply under chapter 5 about ways to humanely kill noxious fish. (2) A person who has, in the person's possession or under the person's control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation. Maximum penalty—500 penalty units. (3) Subsection (2) applies whether or not the person killed the category 7 restricted matter. (4) However, a person does not commit an offence against subsection (1) or (2) if— (a) the restricted matter is in the possession of the person, or is otherwise under the person's control, under a restricted matter permit; or (b) the restricted matter is in the lawful possession of the person, or is otherwise under the person's lawful control, under another Act or a law of the Commonwealth. 45 Offences about other categories of restricted matter (1) A person must not do any of the following— (a) move, or cause or allow to be moved, category 4 restricted matter; (b) keep in the person's possession or under the person's control category 5 restricted matter; (c) give food to category 6 restricted matter. Maximum penalty—500 penalty units. (2) A person does not commit an offence against subsection (1) if the person's action is authorised under— (a) a restricted matter permit; or (b) another Act or a law of the Commonwealth. (3) A person does not commit an offence against subsection (1) if the person's action in relation to the restricted matter is for the purposes of the restricted matter's seizure under chapter 10 as evidence of the commission of an offence. (4) A person does not commit an offence against subsection (1)(a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity. (5) A person does not commit an offence against subsection (1)(b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity. (6) A person does not commit an offence against subsection (1)(c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter. (7) In this section— relevant entity means any 1 of the following— (a) the Board of the Queensland Museum established under the Queensland Museum Act 1970; (b) the department that includes the entity known as the Queensland Herbarium; (c) another government entity with expertise in the identification of the restricted matter to be moved or kept. Part 4 Other offences 45A What is prohibited feed for pigs and poultry (1) Prohibited feed for pigs and poultry is material that— (a) contains or may contain— (i) a carcass of a mammal or of a bird; or (ii) material derived from a mammal or bird; or Examples— • blood, bone, egg, faeces, meat, tissue • food or food scraps that contain or may contain meat (b) has been or may have been in contact with— (i) a carcass of a mammal or of a bird; or (ii) material derived from a mammal or bird. Example for subsection (1)— food or food scraps, from a restaurant, a hotel or domestic premises, that may have been in contact with meat (2) However, prohibited feed for pigs and poultry does not include— (a) material prescribed by regulation; or Examples of material that may be prescribed— • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product or used cooking oil) • material that has undergone a stated process • material from a stated source, origin, location or environment • material fed in a stated way or under stated circumstances or conditions (b) material rendered in accordance with AS 5008. Examples of rendered material— blood meal, meat meal, meat and bone meal 45B What is restricted animal material (1) Restricted animal material is material that— (a) contains or may contain— (i) a carcass of an animal that is a vertebrate; or (ii) material derived from an animal that is a vertebrate; or Examples— blood, bone, egg, faeces, meal, meat, tissue (b) has been or may have been in contact with— (i) a carcass of an animal that is a vertebrate; or (ii) material derived from an animal that is a vertebrate. (2) However, restricted animal material does not include material prescribed by regulation. Examples of material that may be prescribed— • a stated type of material (for example, a particular type of gelatine, tallow, milk, a milk product, a milk by-product, used cooking oil or mineralised seabird guano) • material that has undergone a stated process • material from a stated source, origin, location or environment • material fed in a stated way or under stated circumstances or conditions 46 Prohibitions on feeding or supplying restricted animal material (1) A person must not feed restricted animal material to a ruminant. Maximum penalty—400 penalty units. (2) A person who deals with a ruminant must take all reasonable steps to ensure the ruminant does not feed on restricted animal material. Maximum penalty—400 penalty units. (3) A person (the relevant person) must not supply restricted animal material to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a ruminant. Maximum penalty—400 penalty units. (4) A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if— (a) the person has a reasonable excuse; or (b) both of the following apply— (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); (ii) the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence. (5) A person who feeds restricted animal material to a ruminant does not commit an offence against subsection (1), (2) or (3) if— (a) the person— (i) is, under section 46B, permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and (ii) feeds the material to the ruminant in the way permitted by the chief executive; or (b) the feeding is authorised under another Act or a law of the Commonwealth. Note— For the effect of a biosecurity emergency order, see section 115. 46A Prohibitions on feeding or supplying prohibited feed for pigs and poultry (1) A person must not feed prohibited feed for pigs and poultry to a pig or poultry. Maximum penalty—400 penalty units. (2) A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry. Maximum penalty—400 penalty units. (3) A person (the relevant person) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry. Maximum penalty—400 penalty units. (4) A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if— (a) the person has a reasonable excuse; or (b) both of the following apply— (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. (5) A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1), (2) or (3) if— (a) the person— (i) is, under section 46B, permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or (b) the feeding is authorised under another Act or a law of the Commonwealth. Note— For the effect of a biosecurity emergency order, see section 115. (6) A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1), (2) or (3) if— (a) all of the following apply— (i) the feeding is done by or carried out under the written direction of a veterinary surgeon; (ii) the material is derived from a pig; (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or (b) the person uses the material— (i) in a poisoned bait for killing a feral pig; or (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned. 46B Permission to feed restricted animal material or prohibited feed for pigs and poultry to particular animals (1) This section empowers the chief executive to permit feeding of particular animals for section 46(5)(a)(i) or 46A(5)(a)(i). (2) The chief executive may, in writing, permit a person to feed— (a) restricted animal material to a ruminant lawfully used for a scientific purpose; or (b) prohibited feed for pigs and poultry to a pig or poultry lawfully used for a scientific purpose. (3) The chief executive may permit the feeding if the chief executive is satisfied on reasonable grounds the research or other use for a scientific purpose will be conducted under controls that ensure— (a) any risks posed by the research or other use for a scientific purpose can be managed in a way that protects the health and safety of people and animals; and (b) the person will know the location of, and have control of, the ruminant, pig or poultry at all times the research is being conducted. 47 Notifiable incidents (1) This section applies to a person if— (a) the person becomes aware that an incident has happened; and (b) the person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and (c) the person has no grounds to believe that an inspector has already been made aware of the happening of the incident. (2) The person must, unless the person has a reasonable excuse— (a) advise an inspector of the incident in accordance with the requirements stated in this section; and (b) otherwise comply with the requirements of this section in relation to the incident. Maximum penalty—1,000 penalty units. (3) If practicable, the advice must be given to an inspector having administrative responsibility in the area where the incident happened. (4) The advice must— (a) be given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and (b) state enough particulars to identify the incident, its nature and its location. (5) The advice must be accompanied, or be followed as soon as practicable, by any documents that reasonably relate to the incident, including, for example, an analyst's report of analysis showing the results of testing. (6) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by any biosecurity matter or carrier the subject of the incident. Example— The person must as far as practicable keep an infected animal, carcass or animal product separate from animals, carcasses or animal products that are not infected. (7) In this section— incident includes event. notifiable incident means— (a) a biosecurity event; or (b) without limiting paragraph (a), the happening of any of the following— (i) the appearance of blisters on the mouths or feet of designated animals; (ii) an abnormally high mortality rate or morbidity rate in plants or in designated animals; (iii) a sudden and unexplained fall in production relating to plants or designated animals; (iv) the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier; (v) the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration. Chapter 3 Matters relating to local governments Part 1 Provisions about functions and obligations of local governments 48 Main function of local government (1) The main function under this Act of each local government is to ensure that the following biosecurity matter (invasive biosecurity matter for the local government's area) are managed within the local government's area in compliance with this Act— (a) prohibited matter mentioned in schedule 1, parts 3 and 4; (b) prohibited matter taken to be included in schedule 1, parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration; (c) restricted matter mentioned in schedule 2, part 2; (d) restricted matter taken to be included in schedule 2, part 2 under a restricted matter regulation; (e) an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d), that— (i) is provided for under a local law of the local government under subsection (4); and (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. (2) For subsection (1)(e)(ii), the local invasive biosecurity matter criteria for an invasive animal or invasive plant are— (a) the animal or plant is currently present in the local government's local government area; and (b) there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration. (3) However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area. (4) Without limiting the Local Government Act, section 28(1) or the City of Brisbane Act, section 29, a local government's local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area. 49 When State and local government act in partnership The chief executive and the chief executive officer of a local government may agree that the State and local government act in a coordinated way to respond to a biosecurity event in the local government's area associated with its area's invasive biosecurity matter. Example— The chief executive makes a biosecurity emergency order in response to a biosecurity event and the biosecurity emergency area for the biosecurity emergency order is in a local government's area. The biosecurity matter associated with the biosecurity event is prohibited matter that is invasive biosecurity matter for the local government's area. The role of a local government in managing the prohibited matter may consist only of providing authorised persons appointed by the local government to respond to the biosecurity event. Note— The State and a local government may enter into a government and industry agreement to respond to a biosecurity event. 50 Minister may direct local government to perform function or obligation (1) This section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act. Example of a local government not performing its functions or obligations— a local government not taking reasonable steps to manage invasive biosecurity matter for its local government area (2) The Minister may, by notice (local government compliance notice) given to the local government, direct it to perform the function or obligation. (3) However, before giving the local government compliance notice, the Minister must consult with the local government and consider the local government's views about the performance of the function or obligation. (4) The notice must state the following— (a) the function or obligation the Minister believes the local government is not performing; (b) what action the Minister requires the local government to take to perform the function or obligation; (c) the day by which the stated action must be taken. (5) The local government must comply with the notice. 51 Chief executive may act to perform local government's functions (1) This section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice. (2) This section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice. (3) The chief executive may by gazette notice— (a) state any function or obligation mentioned in the notice that the local government has not complied with; and (b) declare that, for a stated period, the function or obligation is given to the chief executive; and (c) state that the chief executive proposes to perform the function or obligation; and (d) state what action the chief executive proposes to take to perform the function or obligation. (4) The chief executive may perform the function or obligation, and take the stated action. (5) The chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action. (6) The costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State. 52 Minister may ask for particular information from local government (1) The Minister may, by notice given to a local government, ask the local government to give the Minister a written report about any function performed or power exercised, or required to be performed or exercised, by the local government under this Act. Example— a report on the outcomes of consultation for developing or amending a biosecurity plan (2) The local government must comply with the request. Part 2 Biosecurity plans for local government areas 53 Local governments to have biosecurity plan (1) A local government must have a biosecurity plan for invasive biosecurity matter for its local government area. (2) The plan may include provision for each of the following— (a) achievable objectives under the plan; (b) strategies, activities and responsibilities for achieving the objectives; (c) strategies to inform the local community about the content of the plan and achievement of its objectives; (d) monitoring implementation of the plan and evaluating its effectiveness; (e) other matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.