South Australia: Biosecurity Act 2025 (SA)

South Australia Biosecurity Act 2025 An Act to protect and enhance South Australia's biosecurity for the benefit of South Australian industries, the environment and the community by providing for the prevention, detection and control of animal and plant pathogens, pests and other biosecurity matter; to repeal the Dog Fence Act 1946, the Impounding Act 1920, the Livestock Act 1997 and the Plant Health Act 2009; to make related amendments to the Fisheries Management Act 2007 and the Phylloxera and Grape Industry Act 1995 and for other purposes. Contents Part 1—Preliminary Division 1—Formal 1 Short title 2 Commencement Division 2—Interpretation and key concepts 3 Interpretation 4 Meaning of biosecurity event 5 Meaning of biosecurity impact 6 Meaning of biosecurity matter 7 Meaning of carrier 8 Meaning of dealing 9 Meaning of emergency 10 Meaning of pest 11 Meaning of suitable person 12 Meaning of reasonably practicable Division 3—Classification of matter and dealings 13 Prohibited matter 14 Prohibited and regulated dealings Division 4—Principles that apply to biosecurity duties 15 Duty not transferable 16 Person may have more than one duty 17 More than one person can have a duty 18 Duty to prevent, eliminate or minimise biosecurity risk Division 5—Extraterritorial application 19 Extraterritorial application Division 6—Status of Act 20 Interaction with other Acts 21 Act does not give rise to or affect civil causes of action Part 2—Objects 22 Objects Part 3—Administration Division 1—Chief Officers and deputies 23 Chief Officers 24 Deputy Chief Officers 25 Roles of Deputy Chief Officers Division 2—Authorised officers 26 Appointment of authorised officers 27 Identity cards 28 Use of assistants 29 Use of animals 30 Provision of assistance 31 Performance and exercise of functions and powers in emergency 32 Extraterritorial performance and exercise of functions and powers 33 Hindering etc persons engaged in the administration of Act Division 3—Authorised analysts 34 Authorised analysts Division 4—Statutory corporations 35 Establishment of statutory corporations by regulation 36 Dog Fence Board Division 5—Quarantine stations 37 Quarantine stations Division 6—Register 38 Register Division 7—Delegations 39 Delegations Part 4—Biosecurity duties, dealings and measures Division 1—General biosecurity duty 40 General biosecurity duty 41 Failure to comply with general biosecurity duty 42 Specified biosecurity requirements Division 2—Dealings 43 Prohibited matter 44 Prohibited dealings 45 Regulated dealings Division 3—Other requirements 46 Manifests 47 Biosecurity matter sold for propagation 48 Packaging and labelling for sale Division 4—Duty to notify biosecurity event 49 Biosecurity duty to notify biosecurity event 50 Failure to comply with biosecurity duty 51 Protection against self-incrimination Part 5—Registration scheme Division 1—Preliminary 52 Nature of biosecurity registration Division 2—Obtaining registration 53 Application for registration 54 Grant or refusal of biosecurity registration 55 Duration of biosecurity registration 56 Periodic fees and annual returns 57 Variation of biosecurity registration Division 3—Renewal of biosecurity registration 58 Renewal of biosecurity registration 59 Grant or refusal of renewal of biosecurity registration Division 4—Conditions of biosecurity registration 60 Conditions of biosecurity registration 61 Compliance with standards 62 Conditions requiring specified works or measures 63 Conditions imposing alternative arrangements 64 Conditions for insurance cover 65 Conditions requiring biosecurity audits 66 Conditions requiring financial assurances 67 Conditions for record keeping and the provision of information 68 Conditions to take effect later 69 Failure to comply with condition Division 5—Suspension, cancellation or surrender of biosecurity registration 70 Grounds for suspension or cancellation of biosecurity registration 71 Suspension of biosecurity registration 72 Cancellation of biosecurity registration 73 Surrender of biosecurity registration 74 Effect of suspension, cancellation or surrender Division 6—Identification codes 75 Identification codes Part 6—Biosecurity accreditation, auditing and certification—administration Division 1—Preliminary 76 Interpretation 77 Appointment policy for biosecurity auditors 78 Accreditation policy for biosecurity certifiers Division 2—Accreditation authorities 79 Accreditation authorities 80 Responsible accreditation authority Division 3—Applications 81 Applications 82 Grant or refusal of application 83 Scope of appointment or accreditation 84 Duration of relevant authorisation 85 Variation of relevant authorisation Division 4—Renewal of relevant authorisation 86 Applications to renew 87 Grant or refusal of renewal of relevant authorisation Division 5—Conditions of relevant authorisation 88 Conditions of relevant authorisation 89 Conditions of approval as accreditation authority 90 Conditions of appointment as a biosecurity auditor 91 Conditions of accreditation as a biosecurity certifier 92 Failure to comply with condition Division 6—Suspension, cancellation or surrender of relevant authorisation 93 Grounds for suspension or cancellation of relevant authorisation 94 Suspension of relevant authorisation 95 Cancellation of relevant authorisation 96 Immediate suspension in certain circumstances 97 Surrender of relevant authorisation 98 Effect of suspension, cancellation or surrender Part 7—Biosecurity audits and certification Division 1—Biosecurity audits Subdivision 1—Preliminary 99 Interpretation Subdivision 2—Authority to act 100 Biosecurity auditors 101 Approval of authorised officer to perform functions of biosecurity auditor 102 Entry to premises by biosecurity auditor 103 Use of assistants Subdivision 3—Biosecurity audits generally 104 Biosecurity audits 105 Biosecurity audit mandatory in certain circumstances 106 Reporting requirements 107 Biosecurity auditor to provide immediate report in certain circumstances Subdivision 4—Accreditation audits 108 Accreditation audits 109 Imposition of requirement to perform accreditation audit 110 Engagement of auditor 111 Functions of biosecurity auditors - accreditation audits 112 Recovery of fee for accreditation audits 113 Use of biosecurity audits Subdivision 5—Compliance audits 114 Compliance audits 115 Imposition of requirement to perform compliance audit 116 Decision to require compliance audits 117 Audit frequency policy 118 Engagement of auditor 119 Functions of biosecurity auditor—compliance audits 120 Recovery of fee for compliance audit 121 Use of compliance audits Subdivision 6—Related matters 122 Audit agreements 123 Hindering etc biosecurity auditors Division 2—Biosecurity certificates 124 Biosecurity certifier may issue biosecurity certificates 125 Content, form and duration of biosecurity certificates 126 Specific powers of biosecurity certifiers 127 Fees 128 Recognition of interstate biosecurity certificates 129 Approval of authorised officers to perform functions of biosecurity certifiers 130 Use of assistance 131 Offences Part 8—Permits Division 1—Preliminary 132 Interpretation 133 Types of permit 134 Effect of permit Division 2—Individual permits 135 Application for permit 136 Grant or refusal of permit 137 Duration of permit 138 Variation of permit 139 Renewal of permit 140 Grant or refusal of renewal of permit Division 3—Group permits 141 Grant of group permit 142 Form of permit 143 Variation of permit 144 Renewal of permit Division 4—Conditions of permits 145 Conditions of permit 146 Conditions relating to insurance 147 Conditions requiring biosecurity audits 148 Conditions requiring financial assurances 149 Conditions to take effect later 150 Failure to comply with condition Division 5—Suspension, cancellation or surrender of permit 151 Grounds for suspension or cancellation of permit 152 Suspension of permit 153 Cancellation of permit 154 Voluntary surrender of individual permit 155 Effect of suspension, cancellation or surrender Part 9—Biosecurity programs and agreements Division 1—Approved biosecurity programs 156 Preparation of draft biosecurity program 157 Approval of draft biosecurity program 158 Amendment of approved biosecurity program 159 Termination of approved biosecurity program 160 Cost of implementing approved biosecurity program Division 2—Government biosecurity programs 161 Government biosecurity programs Division 3—Biosecurity control agreements 162 Biosecurity control agreements Part 10—Biosecurity zones Division 1—General scheme 163 Biosecurity zones 164 Biosecurity zone measures 165 Failure to comply with a biosecurity zone measure 166 Chief Officer may authorise required action and recover costs Division 2—Accreditation of biosecurity zones 167 Accreditation of biosecurity zones Division 3—Limitations on regulation-making power 168 Interpretation 169 Detention or treatment of persons 170 Destruction requirements 171 Consultation requirements Division 4—Warrants 172 Warrants Part 11—Orders and directions Division 1—Emergency orders 173 Emergency orders 174 Duration of emergency order 175 Notice of emergency order generally 176 Notice of emergency order relating to specific property 177 Emergency zones 178 Emergency measures 179 Additional emergency measures 180 Measures which may not be emergency measures 181 Inspection of persons 182 Emergency order prevails 183 Offences 184 Variation or revocation of emergency order 185 SA Police Division 2—Control orders 186 Control orders 187 Content of control orders 188 Duration of control orders 189 Notice of control orders generally 190 Notice of control orders relating to specific property 191 Control zones 192 Control measures 193 Measures which may not be control measures 194 Destruction requirements 195 Consultation requirements 196 Offences 197 Variation or revocation of control order Division 3—Biosecurity directions Subdivision 1—Preliminary 198 Interpretation 199 Types of biosecurity direction 200 Period for which biosecurity direction has effect 201 Related provision Subdivision 2—General biosecurity directions 202 General biosecurity direction 203 How general biosecurity direction is given Subdivision 3—Individual biosecurity directions 204 Individual biosecurity direction 205 How individual biosecurity direction is given 206 Special emergency powers—inspection and treatment measures 207 Recovery of costs Subdivision 4—Related provisions 208 Measures which may not be included in biosecurity direction 209 Interaction with other Acts 210 Variation or revocation of biosecurity direction 211 Offences Division 4—Action on default 212 Action on default Division 5—Warrants 213 Warrants Part 12—Reimbursement and compensation Division 1—Reimbursement 214 Eligibility for reimbursements 215 Claims for reimbursement 216 Amount of reimbursement 217 Determination of value 218 Reimbursement may be withheld 219 Payment of reimbursement 220 Recovery of reimbursement 221 Offence to make false claim Division 2—Compensation 222 Compensation for loss or damage as consequence of a biosecurity order or direction Part 13—Review Division 1—Preliminary 223 Interpretation Division 2—Internal review 224 Application for internal review 225 Consideration of application for internal review 226 Operation and implementation of decision or direction subject to review Division 3—External review 227 Application to Tribunal Part 14—Functions and powers of authorised officers Division 1—Preliminary 228 Purposes for which functions and powers under Part may be exercised Division 2—Information gathering 229 Exercise in conjunction with other powers 230 Power to require information and records 231 Power to require answers to questions 232 Recording of evidence 233 Power of authorised officer to demand name and address 234 Requiring information in case of an emergency Division 3—Power to enter 235 Power to enter 236 Entry to residential premises Division 4—Investigation powers 237 Powers that can be exercised on premises or in relation to a vehicle 238 Recovery of fee for action taken Division 5—Provisions relating to seizure 239 Provisions relating to seizure Division 6—Warrants 240 Warrants Division 7—Related matters 241 Care to be taken 242 Detention or treatment of persons 243 Destruction requirements 244 Destruction proposal 245 Interaction with other Acts 246 Interference with device, trap or equipment Part 15—Specific biosecurity offences 247 Interpretation 248 Act to cause substantial or material harm or risk 249 Act that may cause harm or risk 250 Substantial harm and material harm 251 Alternative finding Part 16—Legal proceedings Division 1—Offences generally 252 Classification of offence 253 Proceedings for offences 254 Offences by employers (vicarious liability) 255 Offences by bodies corporate 256 Offences by employees and agents 257 Continuing offences 258 General defence of due diligence 259 Defence of lawful excuse 260 Actions done under direction of an authorised person 261 Common carriers 262 Burden of proof in certain circumstances 263 Expiation of offences Division 2—Evidentiary provisions 264 Evidentiary certificates 265 Evidence of allegation 266 Evidence of authorised analyst 267 Evidence of state of mind of body corporate 268 Evidence of publication of instruments on website 269 Evidence of part to be evidence of whole 270 Evidence in relation to bees Division 3—Court orders 271 Preliminary 272 Orders for restoration and prevention 273 Orders for costs, expenses and compensation at time offence proved 274 Recovery of costs, expenses and compensation after offence proved 275 Orders regarding costs and expenses of investigation 276 Orders regarding financial benefits 277 Prohibition orders 278 Forfeiture 279 Publication order 280 Failure to comply with orders Part 17—Miscellaneous 281 Reasonable suspicion of carrier 282 Reasonable suspicion of infection 283 Reasonable suspicion of infestation 284 Public warning statements 285 Management of stray livestock 286 Facilities for temporary detention of stray livestock 287 Implied contractual terms and conditions 288 False or misleading information 289 Self-incrimination 290 Vicarious liability 291 Service of orders, notices, directions and other instruments and documents 292 Description of land in instruments 293 Statutory declarations 294 Protection from liability 295 Collection, use and disclosure of information 296 Immunity 297 Planning or other requirements for authorised actions excluded 298 Requirements may continue to have effect 299 Civil proceedings by the Crown 300 Application of Personal Property Securities Act 2009 of the Commonwealth 301 Establishment of biosecurity advisory groups 302 Charges on land 303 Use of equipment or computers to make decisions 304 Defence if act authorised under another Act 305 Exemption from Act 306 Regulations, notices and instruments Schedule 1—Statutory corporations Part 1—Interpretation 1 Interpretation Part 2—Boards 2 Conditions of office 3 Allowances and expenses 4 Validity of acts 5 Proceedings 6 General management duties of board Part 3—Staff 7 Staff Part 4—Committees 8 Committees Part 5—Operational, property and financial matters 9 Common seal 10 Specific powers 11 Property to be held on behalf of Crown 12 Transfer of property 13 Effect of transfers 14 Registering authorities to note transfer 15 Audit and accounts Part 6—Performance and reporting obligations 16 Objectives 17 Provision of information and reports to Minister 18 Annual report Schedule 2—Dog Fence Board Part 1—Preliminary 1 Interpretation Part 2—Dog Fence Board 2 Members of board 3 Term of office 4 Remuneration 5 Conflict of interest 6 Removal from office and vacancies 7 Meetings 8 Staff Part 3—Provisions as to dog fences 9 Primary dog fence 10 Secondary dog fences 11 Construction work 12 General authorisation 13 Duty of owner to maintain dog fence and destroy wild dogs 14 Powers and duties of board as to dog fences 15 Dog fences on Crown land 16 Payments to owners of dog fences 17 Ownership of dog fences Part 4—Financial provisions 18 Rates on ratable land 19 Special rate in respect of local board areas 20 Payment and recovery of rates and special rates 21 Contributions by councils as alternative to rating by board 22 Charge payable by occupiers of land outside dog fence 23 Subsidies 24 Borrowing and investment powers of board 25 Dog Fence Fund Part 5—Local dog fence boards 26 Establishment of local dog fence boards 27 Borrowing and investment powers of local dog fence boards Part 6—Related matters 28 Inspection of fences 29 Effect of notice 30 Recovery of amounts payable to board 31 Penalty for damaging or removing a dog fence 32 Leaving gate open 33 Schedule not to be subject to exemptions Schedule 3—Specific measures and provisions to deal with biosecurity risk or biosecurity impact Schedule 4—Biosecurity advisory groups 1 Composition of a biosecurity advisory group 2 Conditions of membership 3 Validity of acts 4 Conflict of interest under the Public Sector (Honesty and Accountability) Act 5 Proceedings 6 Annual report Schedule 5—Regulations Schedule 6—Related amendments, repeals and transitional provisions Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Fisheries Management Act 2007 2 Amendment of long title 3 Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited 4 Repeal of section 83 5 Repeal of section 130 Part 3—Amendment of Phylloxera and Grape Industry Act 1995 6 Amendment of section 3—Interpretation 7 Amendment of section 5—Constitution of Board 8 Amendment of section 14—Action to be taken on outbreak of disease 9 Substitution of section 27 27 Member of Board is an authorised officer Part 4—Repeal of Acts 10 Repeal of Acts Part 5—Transitional provisions Division 1—Specific transitional provisions 11 Preliminary Division 2—Provisions relating to repeal of Dog Fence Act 1946 12 Membership of Dog Fence Board 13 Local dog fence boards 14 Rates and charges 15 Proclamations Division 3—Provisions relating to repeal of Impounding Act 1920 16 Transitional provisions Division 4—Provisions relating to repeal of Livestock Act 1997 17 Registrations under repealed Livestock Act 18 Inspectors 19 Functions and powers of authorised officers Division 5—Provisions relating to repeal of Plant Health Act 2007 20 Accreditation 21 Registration of importers 22 Inspectors 23 Functions and powers of authorised officers Division 6—Other provisions 24 Other provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary Division 1—Formal 1—Short title This Act may be cited as the Biosecurity Act 2025. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act. Division 2—Interpretation and key concepts 3—Interpretation (1) In this Act, unless the contrary intention appears— accreditation audit—see section 108; accreditation authority—see section 79; accreditation policy means an accreditation policy for biosecurity certifiers approved by the Chief Executive under section 78; act includes an omission; animal means any of the following, whether living or dead and including at any stage of its development: (a) a member of the animal kingdom, other than a human being, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile or any other vertebrate or invertebrate member of the animal kingdom; (b) an egg, embryo, ovum or sperm of such a member of the animal kingdom; (c) a carcass, or part of a carcass, of such a member of the animal kingdom, but does not include any animal, matter or thing excluded by the regulations from the ambit of this definition; animal disease means a disease of, or capable of infecting, an animal; animal feed means fodder, animal products or other materials that are fed to an animal or intended to be fed to an animal; animal product includes: (a) the hide, skin, hair, wool, feather, shell, horn, scale, fin or hoof of an animal; (b) any part of the viscera or offal of an animal; (c) a carcass, or part of a carcass, of an animal; (d) meat, fat, eggs, honey, milk, whey, cream, butter, cheese and other primary produce derived from an animal; (e) urine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal; (f) any secretion or excretion of an animal; (g) any product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal; (h) any other matter or thing identified by the regulations as being included within the ambit of this definition; appointment policy means an appointment policy for biosecurity auditors approved by the Chief Executive under section 77; approved biosecurity program means a program approved by the Minister under Part 9 Division 1; approved form means a form approved by the Chief Executive; approved manner means a manner approved by the Chief Executive; assess includes investigate; audit frequency policy—see section 117; audit target means the person who is the subject of a biosecurity audit; authorised analyst means a person appointed as an authorised analyst under section 34; authorised officer means— (a) the Chief Veterinary Officer and any Deputy Chief Veterinary Officer; or (b) the Chief Plant Protection Officer and any Deputy Chief Plant Protection Officer; or (c) a person appointed by the Minister as an authorised officer under section 26; or (d) a person taken to have been appointed as an authorised officer under section 26; bee or managed bee means— (a) a managed bee of the genus Apis or Megachile; or (b) any other species of bee identified by the regulations as being included within the ambit of this definition; biosecurity advisory group means a biosecurity advisory group established by the Minister under section 301; biosecurity audit—see section 104; biosecurity auditor means a person who holds an appointment as a biosecurity auditor under Part 6 or as provided by section 101; biosecurity certificate means a certificate issued under Part 7 Division 2; biosecurity certifier means a person who holds an accreditation as a biosecurity certifier under Part 6; biosecurity control agreement means an agreement under Part 9 Division 3; biosecurity direction means a direction given under Part 11 Division 3; biosecurity duty means a duty referred to in section 40 or 49; biosecurity emergency means an emergency arising from a biosecurity risk or biosecurity impact; biosecurity emergency (response and cost-sharing) agreement means an agreement— (a) to which South Australia is a party; and (b) that has been certified by the Minister to be a biosecurity emergency (response and cost-sharing) agreement for the purposes of this Act; biosecurity event—see section 4; biosecurity impact—see section 5; biosecurity matter—see section 6; biosecurity registration means registration granted under Part 5; biosecurity risk means a risk of a biosecurity impact occurring; biosecurity zone—see section 163; biosecurity zone measure—see section 164; carrier—see section 7; Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; Chief Officer means— (a) the Chief Plant Protection Officer; or (b) the Chief Veterinary Officer; Chief Plant Protection Officer means the Chief Plant Protection Officer appointed under section 23; Chief Veterinary Officer means the Chief Veterinary Officer appointed under section 23; compliance audit—see section 114; conduct includes an omission; contaminant means any non-living thing— (a) occurring in, or on, biosecurity matter or a carrier; or (b) that may be ingested, or absorbed, by biosecurity matter or a carrier; contravene includes cause or permit a contravention to occur, or a failure to comply with a relevant requirement; control, in relation to a thing, includes to contain the thing; control order means an order made under section 186; corresponding law means a law of another State or of the Commonwealth declared by the regulations to be a law that corresponds to this Act; council means a council within the meaning of the Local Government Act 1999; deal—see section 8; Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting the Minister in the administration of this Act; Department website means the website operated by, or on behalf of, the Department; Deputy Chief Officer means— (a) a Deputy Chief Plant Protection Officer; or (b) a Deputy Chief Veterinary Officer; Deputy Chief Plant Protection Officer means a Deputy Chief Plant Protection Officer appointed under section 24; Deputy Chief Veterinary Officer means a Deputy Chief Veterinary Office appointed under section 24; director, in relation to a body corporate, includes— (a) any member of the governing body of the body corporate; and (b) any other person who is in a position to control or influence substantially the affairs of the body corporate; disease includes the following: (a) an infection or infestation of an organism having the potential to result in, or resulting in, an abnormal, pathological or unhealthy condition that is caused by a disease agent; (b) a syndrome, or clinically identifiable set of signs or symptoms in an organism, whether or not the cause is known; (c) a disease agent; (d) any other matter or thing identified by the regulations as being included within the ambit of this definition, but does not include any matter or thing excluded by the regulations from the ambit of this definition; disease agent includes the following: (a) a bacterium, virus, fungus, parasite, prion, protozoa, phytoplasma, insect, microorganism or any other organism or pathogen; (b) any other matter or thing identified by the regulations as being included within the ambit of this definition; Dog Fence Board—see section 36; emergency—see section 9; emergency biosecurity direction means a biosecurity direction that is given in a biosecurity emergency; emergency order means an order made under section 173; emergency permit means a permit referred to in section 133(1)(a); emergency zone—see section 177; engage in a dealing—see section 8; entity means any person, including the Crown, regardless of whether the person— (a) is comprised of 1 or more individuals; or (b) is incorporated or unincorporated; or (c) is an organisation or enterprise; or (d) is of a government, commercial, charitable, educational, community or other nature; environment means components of the earth, including: (a) land, air and water; (b) any organic matter, inorganic matter or organisms; (c) human-made or modified structures or areas; (d) interacting natural ecosystems that each include 1 or more components referred to in paragraph (a) or (b); external treatment measure, in relation to a person, means a treatment, such as cleaning or disinfection, that— (a) is limited to the external parts of the person's body; and (b) does not require— (i) any matter or thing to penetrate the person's skin; or (ii) the person to ingest any matter or thing; fish has the same meaning as in the Fisheries Management Act 2007; function includes an authority or duty, and perform a function includes to perform a duty; general biosecurity direction—see section 199(2); general biosecurity duty—see section 40; group permit means a permit referred to in section 133(2)(b); government agency means— (a) a Minister; or (b) a government department; or (c) any other agency or instrumentality of the Crown; or (d) a council or any other body established under the Local Government Act 1999; Government biosecurity program means a program under Part 9 Division 2; import, in relation to any biosecurity matter, carrier or thing, means— (a) to import the biosecurity matter, carrier or thing into South Australia from outside the State; or (b) to cause, permit or enable anything mentioned under paragraph (a) to occur; incursion means the presence, or suspected presence, of a pest or disease in South Australia, or any part of South Australia— (a) which has not previously been present in South Australia, or that part of South Australia; or (b) which has been previously eradicated or removed from South Australia, or a part of South Australia and has, or is suspected or reasonably believed to have, returned to South Australia, or that part of South Australia, where the pest or disease has, or is suspected or reasonably believed to pose, a biosecurity risk or have a biosecurity impact; individual biosecurity direction—see section 199(3); individual permit means a permit referred to in section 133(1); information includes documents (including copies of any certificate or other instrument of registration or accreditation under this Act), recordings, registers, data and electronic communications; interstate biosecurity agency means a government department or agency of another State, or the Commonwealth, that is responsible for assisting in the administration of a corresponding law; interstate biosecurity certificate is a certificate or other document recognised under section 128; interstate biosecurity officer means an officer of an interstate biosecurity agency; jurisdiction includes a jurisdiction outside Australia; label includes a ticket, manifest, cartnote, stamp, tag, barcode or sticker; land includes: (a) inland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created) and coastal waters within the meaning of the Fisheries Management Act 2007; (b) land that is covered by water; (c) water in, on or below land; (d) air, or space, above or below the surface of land; (e) the subsoil and substrate of land; (f) buildings or other structures permanently fixed to land, or part of such buildings or structures; (g) any other thing identified by the regulations as being included within the ambit of this definition, and also includes, according to its context, a legal estate or interest in, or right in respect of, land; livestock means animals kept or usually kept in a domestic or captive state; move includes transport or distribute; non-indigenous means an animal or plant that is not indigenous to South Australia; occupier, in relation to land or premises, includes any person who has the care, control or management of the land or premises; offal means the brain, thymus gland, pancreas gland, liver, spleen, kidney, heart, lung, intestine, tongue, blood, head or tail of any slaughtered animal or part of the body of a slaughtered animal which is removed in the course of dressing the body or part of the body; organism means any living thing, including an animal and a human; permit means a permit granted under Part 8; permit holder means— (a) in the case of an individual permit—the person specified in the permit; and (b) in the case of a group permit—a member of the group or class of persons specified in the permit; pest—see section 10; plant includes any member of the Plantae, Fungi or Protista kingdom, whether whole or in part and whether alive or dead and including at any stage of its development but does not include any plant excluded by the regulations from the ambit of this definition; plant disease means any disease of, or capable of infecting, a plant; plant product includes: (a) the whole, or any part, of a flower, fruit, nut, seed, leaf, bulb, corm, tuber or stem that has been separated from a plant; (b) dried plant material or timber; (c) any other matter or thing identified by the regulations as being included within the ambit of this definition; premises includes any land, building or structure (including a moveable building or structure), whether constituting a public place or a private place and whether built or not; prohibited dealing means a dealing declared to be a prohibited dealing under section 14; prohibited dealing permit means a permit referred to in section 133(1)(c); prohibited matter means biosecurity matter declared to be prohibited matter under section 13; prohibited matter permit means a permit referred to in section 133(1)(b); public sector agency means a public sector agency under the Public Sector Act 2009; public sector employee means a public sector employee under the Public Sector Act 2009; quarantine station means a place declared to be a quarantine station under section 37; reasonably practicable—see section 12; record includes any book, document or writing and any other form or source of information compiled, recorded or stored by computer or any other process, in any other manner or by any other means; registered entity means a person who holds a biosecurity registration; Registrar-General means the Registrar-General appointed under the Real Property Act 1886; regulated dealing means a dealing declared to be a regulated dealing under section 14; repealed Act means an Act repealed by this Act; relevant Chief Officer—see subsection (3); requirement includes a duty or obligation; residential premises means any part of premises that is used only for residential purposes and includes the curtilage of any premises but does not include land outside a curtilage; responsible accreditation authority—see section 80; sell includes: (a) sell by wholesale, retail, auction or tender; (b) barter or exchange; (c) supply for profit; (d) offer for sale, receive for sale or expose for sale; (e) consign or deliver for sale; (f) have in possession for sale; (g) cause or allow anything referred to in a preceding paragraph to be done; specified biosecurity requirement—see section 42; State includes a Territory; statutory corporation means a statutory corporation established under Part 3 Division 4; thing includes— (a) biosecurity matter and carriers; (b) any substance; treatment measure means a treatment or process for the prevention, elimination, minimisation, control or management of a biosecurity matter, biosecurity risk or suspected biosecurity risk, or biosecurity impact (including cleaning, fumigation, disinfection, medication, vaccination and inoculation); Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; variation of conditions includes an addition, deletion or substitution, and to vary has a corresponding meaning; vehicle includes: (a) a motor vehicle; (b) a train or rolling stock; (c) a caravan or trailer; (d) an aeroplane, helicopter, drone or other aircraft; (e) a vessel; (f) plant or equipment designed to be moved or operated by a driver; (g) any thing within the ambit of a preceding paragraph that is operated or controlled remotely by a person or computer rather than by a driver, pilot or other person on the actual thing; (h) any other thing identified by the regulations as being included within the ambit of this definition; vessel includes: (a) a ship, boat, barge, oil rig, hovercraft, ferry, raft or other water craft; (b) a pontoon, floating pier or other floating structure; veterinary surgeon means a veterinary surgeon within the meaning of the Veterinary Practice Act 2003; virus includes any virus and sub-viral agent capable of infecting an organism. (2) In this Act, a reference to a biosecurity matter— (a) by a common name does not limit any reference to the biosecurity matter by its scientific name; and (b) includes a reference to all stages of the life cycle of the biosecurity matter, if such matter has a life cycle. (3) For the purposes of this Act, the relevant Chief Officer in relation to particular biosecurity matter is the Chief Officer who is designated as the relevant Chief Officer in relation to that particular biosecurity matter by the Chief Executive by notice published on the Department website. 4—Meaning of biosecurity event (1) For the purposes of this Act, each of the following events is a biosecurity event: (a) the presence, or suspected presence, in South Australia, or any part of South Australia, of prohibited matter; (b) the incursion of a pest or an animal or plant disease, regardless of whether the pest or disease, or cause of the pest or disease, is known or identified; (c) the presence, or suspected presence, of a contaminant in, or on, biosecurity matter or carrier that is, or is suspected to be, a biosecurity impact; (d) any prescribed event or circumstance. (2) However, an event or circumstance is not a biosecurity event for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 5—Meaning of biosecurity impact (1) In this Act, biosecurity impact means an adverse effect on the environment, the community or the economy that arises, or has the potential to arise from, any biosecurity matter or carrier, or a dealing with a biosecurity matter or carrier, being an adverse effect that is the result of, or related to— (a) the introduction, presence, spread or increase of an animal disease or a plant disease into or within South Australia, or any part of South Australia; or (b) the introduction, presence, spread or increase of a pest into or within South Australia, or any part of South Australia; or (c) stock food or any fertiliser; or (d) any animal or plant, or the product of any animal or plant, that is contaminated, or exposed to any contaminant; or (e) a risk to public safety, or a public nuisance, caused by managed bees; or (f) any thing or circumstance that is prescribed to have biosecurity impact. (2) For the purposes of subsection (1)(d), an animal or plant, or the product of an animal or plant, is contaminated if it contains a contaminant that makes, or is likely to make, the animal, plant or product— (a) unfit or unsuitable for use in any commercial or other activity in which it would normally be used; or (b) a risk to human health, human activity or the environment; or (c) unfit to export or other trade for which it would normally be used. (3) However, a thing or circumstance is not a biosecurity impact for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 6—Meaning of biosecurity matter In this Act, biosecurity matter includes the following: (a) an animal, plant or other organism, other than a human; (b) a part of an animal, plant or other organism, other than a human; (c) an animal product or plant product; (d) an animal disease or plant disease; (e) a prion; (f) a contaminant; (g) a disease that may cause either or both of the following: (i) disease in an animal, plant or other organism (other than a human); (ii) disease in a human through transmission to the human from an animal, plant or other organism (other than a human); (h) any prescribed thing. 7—Meaning of carrier (1) In this Act, a carrier means any thing (other than a human), whether alive, dead or inanimate, that has, or is capable of having, biosecurity matter on it, attached to it, or contained in it. (2) For the avoidance of doubt, a carrier within the meaning of subsection (1) may include any object, or thing, carried or worn by a human. (3) However, an object or thing is not a carrier for the purposes of this Act if it is excluded from the ambit of this section by the regulations. 8—Meaning of dealing (1) In this Act, a person deals with biosecurity matter or a carrier, or engages in a dealing with biosecurity matter or a carrier, if the person— (a) keeps or manages the biosecurity matter or carrier; or (b) has possession, care or control of the biosecurity matter or carrier; or (c) supplies, produces or manufactures the biosecurity matter or carrier; or (d) imports the biosecurity matter or carrier; or (e) accepts supply of, or otherwise acquires, the biosecurity matter or carrier; or (f) buys or sells the biosecurity matter or carrier; or (g) disposes of, or destroys, the biosecurity matter or carrier; or (h) marks, brands, tags or affixes a device to the biosecurity matter or carrier for the purposes of identifying, or tracing, the biosecurity matter or carrier; or (i) moves or conveys the biosecurity matter or carrier; or (j) releases the biosecurity matter or carrier into the environment, or from captivity or confinement; or (k) uses, or treats, the biosecurity matter or carrier; or (l) breeds, propagates, grows, raises, feeds, clones or cultures the biosecurity matter or carrier; or (m) experiments with the biosecurity matter or carrier; or (n) displays the biosecurity matter or carrier; or (o) enters into an agreement or arrangement to deal with the biosecurity matter or carrier; or (p) causes, permits or arranges for a dealing with the biosecurity matter, or carrier, to occur; or (q) does any other prescribed thing in respect of the biosecurity matter or carrier. (2) For the purposes of subsection (1)(b), an occupier of premises is taken to have possession of any biosecurity matter, or carrier, on the premises unless the occupier establishes that another person has possession, care or control of the biosecurity matter or carrier for the entire time when the biosecurity matter or carrier was on the premises. (3) For the purposes of this Act, or any specific provision of this Act, the regulations may prescribe circumstances in which a person is taken not to be dealing with, or engaged in a dealing with, biosecurity matter or a carrier. 9—Meaning of emergency (1) In this Act, an emergency includes: (a) an act or event in respect of which an emergency order has been made; or (b) the occurrence, suspected occurrence or imminent occurrence of a biosecurity emergency. (2) In this Act, an act or function is performed, or a power is exercised, by a person in an emergency (or in the case of an emergency) if the person, at the time of performing the act or function or exercising the power (as the case may be), reasonably believes or suspects that— (a) the performance of the act or function, or the exercise of the power, is necessary or authorised under an emergency order; or (b) a biosecurity emergency is occurring, has occurred or is imminent and the performance of the act or function, or the exercise of the power, is necessary or reasonably required to assess, prevent, control or manage the biosecurity emergency. 10—Meaning of pest (1) In this Act, an animal or plant is a pest— (a) if it is a non-indigenous animal or a non-indigenous plant (as the case may be) and it has an adverse effect on, or is suspected of having an adverse effect on, the environment, the community or the economy by— (i) competing with other organisms for resources, including food, water, nutrients, habitat and sunlight; or (ii) destroying or damaging the habitat of other organisms; or (iii) preying or feeding on other organisms; or (iv) transmitting disease to other organisms; or (v) causing harm to other organisms through toxicity or disturbance; or (vi) reducing the productivity of any primary industry, or the value of any primary produce or commodity; or (vii) damaging infrastructure; or (viii) reducing the amenity or aesthetic value of premises; or (ix) harming or reducing biodiversity; or (x) doing any other prescribed thing or having any other prescribed effect; or (b) if it is an animal or plant declared by the Minister to be a pest for the purposes of this Act. (2) However, an animal or plant is not a pest if it is excluded from the ambit of subsection (1) by the regulations. (3) A declaration of the Minister under this section— (a) must be by notice in the Gazette; and (b) may be varied or revoked by the Minister by further notice in the Gazette. 11—Meaning of suitable person For the purposes of an application under this Act, or a decision made under this Act, the following matters may be taken into account when determining whether a person is, or is no longer, a suitable person: (a) if the person has been found guilty of an offence under this Act or a repealed Act; (b) if the person has been found guilty of an offence against any other Act or law that— (i) is relevant to the application, or decision, being made; or (ii) is an offence punishable by imprisonment for a term longer than 6 months; (c) if the person has been found guilty of an offence of dishonesty; (d) if the person has failed to comply with a requirement of this Act or a repealed Act, or a requirement or condition of an authorisation, registration or other authority issued or granted under this Act or a repealed Act; (e) if there has been an unfavourable accreditation audit or biosecurity audit in respect of the person; (f) any prescribed matter; (g) any other matter that the person considering the application, or making the decision, considers relevant to the application or decision. 12—Meaning of reasonably practicable Reasonably practicable, in relation to the prevention, elimination, minimisation, control or management of a biosecurity risk, means that which is, or was at a particular time, reasonably able to be done, taking into account and weighing up all relevant matters, including— (a) the biosecurity risk concerned; and (b) the degree of biosecurity impact that arises, or might arise, from the biosecurity risk; and (c) what the concerned person knows, or ought reasonably to know, about the biosecurity risk and the ways of preventing, eliminating, minimising, controlling or managing the risk; and (d) the availability and suitability of ways to prevent, eliminate, minimise, control or manage the biosecurity risk; and (e) the cost associated with available ways of preventing, eliminating, minimising, controlling or managing the risk, including whether the cost is grossly disproportionate to the risk. Division 3—Classification of matter and dealings 13—Prohibited matter (1) The Minister may, by notice in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be prohibited matter if the Minister is satisfied that— (a) the biosecurity matter, or class of biosecurity matter, poses a significant biosecurity risk to South Australia, or a part of South Australia; and (b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter or class of biosecurity matter. (2) The Minister may, by notice in the Gazette, declare any carrier, or class of carriers, to be prohibited matter if the Minister is satisfied that— (a) the carrier, or class of carriers, poses a significant biosecurity risk to South Australia, or a part of South Australia; and (b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the carrier or class of carriers. (3) A declaration under this section may make provision for transitional arrangements— (a) for the lawful disposal, treatment or destruction of any biosecurity matter, or carrier, that becomes prohibited matter as a result of the declaration; and (b) that specify certain provisions of this Act as not applying in respect of such disposal, treatment or destruction of the biosecurity matter or carrier. 14—Prohibited and regulated dealings (1) The regulations may declare a dealing to be— (a) a prohibited dealing in relation to South Australia, or a part of South Australia; or (b) a regulated dealing in relation to South Australia, or a part of South Australia. (2) A regulation should only be made under this section on the recommendation of the Minister on the basis that the Minister considers the declaration is appropriate for the administration or operation of this Act in relation to South Australia, or a specified part of South Australia. Division 4—Principles that apply to biosecurity duties 15—Duty not transferable A biosecurity duty cannot be transferred to another person. 16—Person may have more than one duty A person can have more than 1 biosecurity duty. 17—More than one person can have a duty (1) More than 1 person can concurrently have the same biosecurity duty. (2) Each person who has a biosecurity duty must discharge that duty to the standard required by this Act even if another person has the same duty. (3) If more than 1 person has a biosecurity duty in relation to the same thing, each person— (a) retains responsibility for the person's duty in relation to the thing; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the thing or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. 18—Duty to prevent, eliminate or minimise biosecurity risk A duty imposed on a person to prevent, eliminate or minimise a biosecurity risk so far as is reasonably practicable is a duty— (a) to prevent or eliminate a biosecurity risk so far as is reasonably practicable; and (b) if it is not reasonably practicable to prevent or eliminate a biosecurity risk, to minimise, control or manage the biosecurity risk so far as is reasonably practicable. Division 5—Extraterritorial application 19—Extraterritorial application (1) It is the intention of the Parliament that this Act is to apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament. (2) Without limiting subsection (1), it is the intention of the Parliament that the operation of this Act is, as far as possible, to include operation in relation to the following: (a) persons and things situated in or outside the territorial limits of this State (including in another country); (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this State (including in another country); (c) persons, things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction; (d) without limiting a preceding paragraph, acts, transactions and matters done, entered into or occurring on the Internet or other e-commerce platforms or online spaces (wherever done, entered into or occurring). Division 6—Status of Act 20—Interaction with other Acts Unless the contrary intention appears— (a) subject to paragraph (b), this Act is in addition to, and does not derogate from, the provisions of any other Act; (b) if— (i) a provision of this Act applies because of, or in relation to, an emergency; and (ii) another Act or law, other than the Emergency Management Act 2004 is inconsistent with the provision, this Act prevails to the extent of the inconsistency. 21—Act does not give rise to or affect civil causes of action (1) A provision of this Act does not confer a right of action in civil proceedings based on a contravention of the provision. (2) Except as otherwise expressly provided by this Act, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (3) Without limiting subsection (2), 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. Part 2—Objects 22—Objects The objects of this Act are— (a) to protect South Australia from— (i) pests, diseases and other biosecurity matter that are economically significant for the State; and (ii) threats to terrestrial and aquatic environments arising from pests, diseases and other biosecurity matter; and (iii) pests, diseases and other biosecurity matter that may have an adverse effect on public amenities, community activities and infrastructure; and (b) to ensure that responsibility for biosecurity is shared between government, industry and the community; and (c) to provide a framework for risk and evidence-based decision making to ensure timely and effective management of biosecurity risks and impacts; and (d) to provide a framework that is flexible and responsive so as to enable the effective prevention, elimination, minimisation, control or management of the risk of adverse impacts on the South Australian economy, environment and community in connection with biosecurity risks; and (e) to establish a biosecurity system that is focused on science in evidence-based decision making, innovative technologies, risk assessment, information management, planning, training and communication; and (f) to give effect to intergovernmental agreements relating to biosecurity to which South Australia is a party and to facilitate the alignment of the State's approach to biosecurity management with other States and nationally; and (g) to support market access, and to facilitate trade of South Australia's food, fibre, beverages and other products; and (h) to promote compliance with statutory duties and requirements through effective enforcement measures, and communication and collaboration between government, industry and the community. Part 3—Administration Division 1—Chief Officers and deputies 23—Chief Officers (1) There will be— (a) a Chief Plant Protection Officer; and (b) a Chief Veterinary Officer. (2) A Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service). (3) In relation to the appointment of a Chief Officer— (a) the Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and (b) the Chief Veterinary Officer must be a veterinary surgeon. (4) An appointment may be made subject to such conditions as may be specified in the instrument of appointment. (5) The Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment. 24—Deputy Chief Officers (1) There will be— (a) 1 or more Deputy Chief Plant Protection Officers; and (b) 1 or more Deputy Chief Veterinary Officers. (2) A Deputy Chief Officer will be appointed by the Chief Executive (and will be a member of the Public Service). (3) In relation to the appointment of a Deputy Chief Officer— (a) a Deputy Chief Plant Protection Officer must be a person who, in the opinion of the Chief Executive, holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline; and (b) a Deputy Chief Veterinary Officer must be a veterinary surgeon. (4) An appointment may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform or exercise the functions and powers of a Deputy Chief Officer). (5) The Chief Executive may, at any time, revoke an appointment or vary a condition of an appointment. 25—Roles of Deputy Chief Officers (1) A Deputy Chief Officer may perform the functions and exercise the powers of the corresponding Chief Officer, including any functions or powers that have been delegated to the corresponding Chief Officer under this Act, on such terms and conditions as may be specified in the instrument of appointment of the Deputy Chief Officer. (2) To avoid doubt, a reference in this Act to a Chief Officer in relation to a function or power includes a reference to a corresponding Deputy Chief Officer if the Deputy Chief Officer is authorised to perform the function or exercise the power. (3) Nothing in this section limits— (a) a specific delegation under this Act; or (b) a function or power that a person appointed as a Deputy Chief Officer may otherwise have or exercise under this Act or in connection with any appointment or position held apart from this Division. Division 2—Authorised officers 26—Appointment of authorised officers (1) The Minister may appoint a suitable person to be an authorised officer for the purposes of this Act. (2) A person appointed as an authorised officer may be— (a) a public sector employee; or (b) an officer or employee of a council; or (c) an employee of the Commonwealth or of another State; or (d) an employee of an entity prescribed for the purposes of this subsection; or (e) a person who has entered into a contract, or who is employed by an entity that has entered into a contract, with the Crown to perform a function under this Act. (3) The Minister may enter into an agreement with a council in relation to the performance of the functions and the exercise of powers of an authorised officer by an officer or employee of the council appointed under subsection (1). (4) The Minister may enter into an agreement with the Commonwealth, or another State, in relation to the performance of the functions and the exercise of powers of an authorised officer by an employee of the Commonwealth, or another State, appointed under subsection (1). (5) An appointment under subsection (1) may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform the functions or exercise the powers of an authorised officer). (6) The Minister may, at any time, revoke an appointment or vary a condition of an appointment. (7) In connection with the operation of subsection (6)— (a) if the Minister takes action under that subsection in respect of an officer or employee of a council, the Minister must notify the council in writing of the action taken; and (b) if the Minister takes action under that subsection in respect of an employee of the Commonwealth or of another State, the Minister must notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken. (8) If a person appointed as an authorised officer under subsection (1) ceases to hold an office or position of employment that made the person eligible to be appointed as an authorised officer, the person ceases to be an authorised officer. (9) A person holding any of the following offices will be taken to have been appointed as an authorised officer for the purposes of this Act: (a) fisheries officer under the Fisheries Management Act 2007, other than a police officer; (b) authorised person under the Primary Produce (Food Safety Schemes) Act 2004. (10) A person holding an appointment as an authorised officer by virtue of the operation of subsection (9) or the provisions of another Act may perform the functions or exercise the powers of an authorised officer subject to such conditions as the Minister may specify from time to time (including a condition limiting the area within which, or the purposes for which, the person may perform or exercise the functions or powers of an authorised officer). 27—Identity cards (1) The Chief Executive must issue a person appointed as an authorised officer under section 26(1) an identity card— (a) containing the person's name and a photograph of the person; and (b) specifying that the person is an authorised officer; and (c) stating any limitation on the person's authority to act as an authorised officer under this Act. (2) Subject to this Act, an authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for the inspection of the person an appropriate identity card. (3) For the purposes of subsection (2), an appropriate identity card is— (a) in relation to a person appointed under section 26(1)—the identity card issued under subsection (1); and (b) in relation to a person taken to have been appointed as an authorised officer under section 26(9)—an identity card issued to the person for the purposes of the office referred to in that subsection. (4) If the appointment of a person as an authorised officer is revoked or otherwise ceases, the person must, as soon as is reasonably practicable, return to the Chief Executive any identity card issued to the person under subsection (1) Maximum penalty: $1 000. 28—Use of assistants (1) An authorised officer performing a function under this Act, may perform the function with the assistance of such other persons as the authorised officer considers necessary in the circumstances. (2) A person assisting an authorised officer under subsection (1) may— (a) accompany the authorised officer onto any premises that the authorised officer is allowed to enter under this Act; and (b) take all reasonable steps to assist the authorised officer in the performance of a function of the authorised officer under this Act. 29—Use of animals (1) An authorised officer, performing a function under this Act, may perform the function with the assistance of an animal to detect the presence of, or to manage, biosecurity matter. (2) An authorised officer who is authorised to enter premises under this Act may enter those premises in the company of any animal as envisaged by subsection (1). (3) An authorised officer who performs a function with the assistance of an animal must keep the animal under control and take all reasonable steps to ensure that the animal does not unnecessarily interact with any person other than the authorised officer or a person assisting the authorised officer. 30—Provision of assistance (1) An authorised officer may require an owner or occupier of any premises, any person in or on any premises (other than a public place), or a person apparently in charge of any vehicle, plant, equipment or other thing, to provide any reasonable assistance and facilities that the authorised officer or a person assisting the authorised officer reasonably requires for the effective exercise of a power under this Act. (2) The requirement may be made in the form of a direction that is given orally to the person or by written notice served on the person. (3) A direction may, for example, require the person— (a) to confine or move any animal under the care, custody or control of the person; or (b) to provide any facilities, including yards and crushes, that the authorised officer requires to inspect, examine, test, treat or take samples from any biosecurity matter, carrier, potential carrier or other thing; or (c) to restrain an animal. 31—Performance and exercise of functions and powers in emergency The fact that a provision of this Act only authorises an authorised officer to perform or exercise specified functions or powers in an emergency (or in the case of an emergency) does not prevent the authorised officer from performing or exercising any other function or power under this Act in that emergency. 32—Extraterritorial performance and exercise of functions and powers (1) The Minister may enter into an agreement with a Minister of the Commonwealth or another State providing for either or both of the following: (a) the performance of functions or the exercise of powers under this Act on behalf of the Commonwealth or in another State by authorised officers or interstate biosecurity officers; (b) the performance of functions or the exercise of powers under a corresponding law in South Australia by authorised officers or interstate biosecurity officers. (2) The Chief Executive may enter into an agreement with the head of an interstate biosecurity agency providing for either or both of the following: (a) the performance of functions or the exercise of powers under this Act in another State by authorised officers or interstate biosecurity officers; (b) the performance of functions or the exercise of powers under a corresponding law in South Australia by authorised officers or interstate biosecurity officers. (3) An authorised officer or an interstate biosecurity officer may, in accordance with an agreement under this section— (a) perform functions or exercise powers under this Act on behalf of the Commonwealth or in another State as authorised under the Act; and (b) perform functions or exercise powers under a corresponding law in South Australia as authorised under that agreement to the extent required in respect of a biosecurity impact, or potential biosecurity impact, in another State. 33—Hindering etc persons engaged in the administration of Act A person who— (a) without reasonable excuse hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the performance of a function or the exercise of a power under this Act; or (b) fails to answer a question put by an authorised officer to the best of the person's knowledge, information or belief; or (c) provides an answer to a question put by an authorised officer that the person knows to be false or misleading in a material particular; or (d) produces a document or record that the person knows to be false or misleading in a material particular; or