Tasmania: Biosecurity Act 2019 (Tas)

Biosecurity Act 2019 An Act to provide for the protection and enhancement of Tasmania's biosecurity status for the benefit of Tasmania's industries, environment and public wellbeing by providing for the prevention, detection and control of animal and plant disease, pests and other biosecurity matter [Royal Assent 26 August 2019] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Biosecurity Act 2019 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Objects of Act The objects of this Act are – (a) to ensure that responsibility for biosecurity is shared between government, industry and the community; and (b) to protect Tasmania from – (i) pests, diseases and other biosecurity matters that are economically significant for Tasmania; and (ii) threats to terrestrial and aquatic environments arising from pests, diseases and other biosecurity matters; and (iii) risks to public health and safety arising from pests, diseases and other biosecurity matters known to have an adverse effect on human health; and (iv) pests, diseases and other biosecurity matters that may have an adverse effect on public amenities, community activities and infrastructure; and (c) to provide a regulatory framework in relation to biosecurity that – (i) facilitates emergency preparedness and the effective management of biosecurity emergencies that may affect Tasmania; and (ii) takes account of regional and local differences in respect of biosecurity risks and biosecurity impacts; and (iii) supports an evidence-based approach to the assessment, prevention and management of biosecurity risks and biosecurity impacts; and (iv) does not require a biosecurity risk to be proven with full certainty before taking reasonable and practicable measures to prevent, eliminate or minimise the risk; and (d) to give effect to – (i) biosecurity-related strategies and policies developed, or endorsed, by the Tasmanian Government; and (ii) intergovernmental agreements related to biosecurity to which Tasmania is a party; and (e) to facilitate the trade of Tasmanian produce by ensuring that it meets national and international biosecurity requirements; and (f) to promote compliance with the general biosecurity duty through emergency preparedness, effective enforcement measures, and communication and collaboration between government, industry and the community. 4. Principles for performing functions under this Act A person performing a function under this Act is to ensure that – (a) the performance of the function is likely to further – (i) the objects of this Act; and (ii) the resource management and planning system objectives as set out in Part 1 of Schedule 1 to the Land Use Planning and Approvals Act 1993 ; and (b) the performance of the function is appropriate and adapted to achieving its purpose and is within his or her authority under this Act; and (c) in the reasonable opinion of the person, the manner of performing the function is no more intrusive, restrictive or expensive than is required in the circumstances; and (d) the performance of the function does not, or is not likely to, unreasonably endanger the health or safety of a person; and (e) if the performance of the function involves an animal, the performance of the function does not, or is not likely to, cause unreasonable and unjustifiable pain or suffering to the animal. 5. Application of Act Unless the contrary intention appears, this Act is in addition to, and does not derogate from, the provisions of any other Act. 6. Extraterritorial operation of Act It is the intention of Parliament that the operation of this Act should, so far as possible, operate in relation to each of the following: (a) land situated outside Tasmania, whether in or outside Australia; (b) persons or things situated outside Tasmania, whether in or outside Australia; (c) acts, transactions and matters done, entered into and occurring outside Tasmania, whether in or outside Australia; (d) 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 the Commonwealth, another State or a foreign country. 7. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Interpretation Division 1 - General 8. Interpretation (1) In this Act, unless the contrary intention appears – accreditation audit – see section 145 ; accreditation authority – see section 139 ; accreditation policy means a policy, referred to in clause 3 of Part 1 of Schedule 1 , that is approved by the Secretary as required under that Schedule; act includes an omission; animal means any of the following, whether alive or dead: (a) a member of the animal kingdom, other than a human, including an amphibian, bird, crustacean, fish, insect, mammal, mollusc, reptile and 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; animal disease means a disease of, or capable of infecting, an animal; animal food means fodder, animal products or other materials that are fed to an animal or are intended to be consumed by, or fed to, an animal; animal product includes – (a) the hide, skin, hair, wool, feather, shell, horn, scale, fin or hoof of an animal; and (b) any part of the viscera or offal of an animal; and (c) meat, fat, eggs, honey, milk, whey, cream, butter, cheese and other primary produce derived from an animal; and (d) the urine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal; and (e) any secretion or excretion of an animal; and (f) any product or biological preparation prepared, or derived, from any tissue, secretion, excretion or other part of an animal; and (g) any other prescribed thing; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; approved biosecurity program means a program approved by the Minister under Division 1 of Part 9 ; assess includes investigate; audit frequency policy means a policy adopted under section 153 that is approved by the Secretary as required under that section; audit target means the person who is the subject of a biosecurity audit; authorised analyst mean a person appointed as an authorised analyst under section 40 ; authorised officer means – (a) the Chief Veterinary Officer and Deputy Chief Veterinary Officer; and (b) the Chief Plant Protection Officer and Deputy Chief Plant Protection Officer; and (c) a police officer; and (d) a person appointed as an authorised officer under section 31 ; authorised purpose – see section 41 ; Biosecurity Advisory Committee means the Biosecurity Advisory Committee established by the Minister under section 267(1) ; biosecurity audit – see section 141 ; biosecurity auditor – see section 34 ; biosecurity certificate means a certificate issued under section 158 ; biosecurity certifier – see section 38 ; biosecurity compendium means the compendium kept in accordance with section 9 ; biosecurity control agreement means a written agreement made in accordance with Division 3 of Part 9; biosecurity direction means a direction given under Division 3 of Part 11 ; biosecurity duty means a duty referred to in section 73(1) ; 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 Tasmania is a party; and (b) that furthers the objects of this Act; and (c) 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 10 ; biosecurity impact – see section 11 ; biosecurity matter – see section 12 ; biosecurity registration means registration granted under Part 6 ; biosecurity risk means a risk of a biosecurity impact occurring; biosecurity risk function means a function under this Act relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact; biosecurity undertaking – see section 201 ; biosecurity zone – see section 128 ; biosecurity zone measure – see section 129 ; carrier – see section 13 ; Chief Plant Protection Officer means a person appointed as Chief Plant Protection Officer under section 27 ; Chief Veterinary Officer means a person appointed as Chief Veterinary Officer under section 29 ; compliance audit – see section 150 ; conduct includes any act; 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; control, in relation to a thing, includes to contain the thing; control order means an order made under section 177(1) ; corresponding law means a law of another State or the Commonwealth – (a) that corresponds to the provisions of this Act; or (b) is prescribed as a corresponding law; cost recovery order means an order made under section 211(1) ; critical non-compliance means any thing, or act, prescribed as critical non-compliance; data has the same meaning as in the Electronic Transactions Act 2000 ; deal – see section 14 ; Department means the Department of Primary Industries, Parks, Water and Environment or such other department as is prescribed; Department website means the website available to the public that is operated by, or on behalf of, the Department; Deputy Chief Plant Protection Officer means a person appointed as Deputy Chief Plant Protection Officer under section 28 ; Deputy Chief Veterinary Officer means a person appointed as Deputy Chief Veterinary Officer under section 30 ; director has the same meaning as in the Corporations Act; 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 or pest; (b) a syndrome, or a clinically identifiable set of signs or symptoms in an organism, for which the cause is known or unknown; (c) a disease agent; (d) any other prescribed thing or matter; disease agent includes the following: (a) a prion, microorganism, virus, infectious agent and parasite; (b) any prescribed thing or matter; document has the same meaning as in the Evidence Act 2001 ; electronic communication has the same meaning as in the Electronic Transactions Act 2000 ; emergency – see section 15(1) ; emergency biosecurity direction means a biosecurity direction that is given in a biosecurity emergency; emergency order – see section 163 ; emergency permit means a permit referred to in section 100(1)(a) ; emergency zone – see section 167 ; engage in a dealing – see section 14 ; entity means any person, including the Crown, regardless of whether the person – (a) is an organisation or enterprise; or (b) is incorporated or unincorporated; or (c) is comprised of one or more individuals; 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; and (b) any organic matter, inorganic matter and organisms; and (c) human-made or modified structures and areas; and (d) interacting natural ecosystems that each include 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; fodder includes any water, meal, meat, plant, vegetable, grain, algal product and other material, or mixture of materials, that is used for the food, supplementation or litter of animals; function includes a power, authority and duty; general biosecurity direction – see section 190(2) ; general biosecurity duty – see section 70 ; Government biosecurity program means a program implemented by the Secretary under Division 2 of Part 9 ; group permit means a permit of any kind granted to a group, or class, of persons; health information has the same meaning as in the Personal Information Protection Act 2004 ; import means, in relation to any biosecurity matter, carrier or other thing – (a) to import the biosecurity matter, carrier or other thing into Tasmania (excluding Macquarie Island) from Macquarie Island or from another State; or (b) to import the biosecurity matter, carrier or other thing into Macquarie Island from another part of Tasmania or from another State; or (c) to cause, permit or enable anything in paragraph (a) or (b) to occur; individual biosecurity direction – see section 190(3) ; individual permit means a permit granted to an entity; infringement offence means an offence under this Act or the regulations that is prescribed to be an infringement offence; interstate biosecurity agency means a government department or agency of another State, or the Commonwealth, that is responsible for the administration of a corresponding law; interstate biosecurity certificate means a certificate recognised under section 159 ; interstate biosecurity officer means an officer of an interstate biosecurity agency; introduce means, in relation to biosecurity matter, to cause or allow the biosecurity matter to become established in an identifiable geographical area; invasive pest – see section 16(3) ; land includes – (a) inland waters, within the meaning of the Inland Fisheries Act 1995 , and state waters; and (b) land that is covered by water; and (c) water in, on and below land; and (d) air, or space, above and below the surface of land; and (e) the subsoil and substrate of land; and (f) buildings and other structures permanently fixed to the land, or part of such buildings and structures; and (g) any other prescribed thing; non-indigenous animal means an animal that is not indigenous to Tasmania, regardless of whether or not the animal is indigenous to any other part of Australia; non-indigenous plant means a plant that is not indigenous to Tasmania, regardless of whether or not the plant is indigenous to any other part of Australia; occupier, in relation to premises, includes any person who has care, control or management of the 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 any part of the body of the slaughtered animal which is removed in the course of dressing the body; offender means the person who has been found guilty of an offence under this Act; organism means any organic life form, including a human, whether living or dead; perform a function includes perform a duty and exercise a power; permit means a permit granted under Part 7 ; 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; permitted matter – see section 19 ; personal information has the same meaning as in the Personal Information Protection Act 2004 ; pest – see section 16 ; plant includes any member of the Plantae, Fungi or Protista kingdom, whether whole or in part and whether alive or dead; 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, stem, spore or pollen that has been separated from a plant; and (b) dried plant material or timber; premises includes – (a) any land, whether built on or not; and (b) any building, structure, vehicle or public or private place; prohibited dealing – see section 17(2) ; prohibited dealing permit means a permit referred to in section 100(1)(c) ; prohibited matter – see section 20 ; prohibited matter permit means a permit referred to in section 100(1)(b) ; public authority has the same meaning as in the Personal Information Protection Act 2004 ; public information has the same meaning as in the Personal Information Protection Act 2004 ; Recorder of Titles means the Recorder within the meaning of the Land Titles Act 1980 ; recoverable amount – see section 210 ; Register has the same meaning as in the Land Titles Act 1980 ; registered entity means an entity that holds biosecurity registration; regulated dealing – see section 17(1) ; regulations means regulations made under this Act; relevant court, in relation to an offence or offender, means the most senior court that has – (a) determined the guilt of the offender for the offence under this Act; or (b) convicted the offender for the offence; or (c) made an order under section 7 of the Sentencing Act 1997 against the offender in relation to the offence, whether or not a conviction is recorded in respect of the offence; relevant officer, in relation to a biosecurity direction, means – (a) in relation to a general biosecurity direction, the Secretary, the Chief Veterinary Officer or the Chief Plant Protection Officer; and (b) in relation to an individual biosecurity direction, the Secretary or an authorised officer; requirement includes a duty or obligation; residential premises means any part of premises that is solely used for residential purposes; responsible accreditation authority – see section 140 ; responsible person, in relation to a seized thing, means the apparent owner of the thing or, if the owner cannot be reasonably ascertained, the apparent occupier of the premises where the thing is seized; restricted matter – see section 21 ; Secretary means Secretary of the Department; seized thing means a thing seized by an authorised officer under Part 4 that has not been destroyed in accordance with this Act; specified biosecurity requirement – see section 72 ; State includes a Territory; state waters has the same meaning as in the Living Marine Resources Management Act 1995 ; stock animal means – (a) a farmed or domesticated animal of which any part of the animal is used as, or which produces a product that is ordinarily used as, or manufactured into, a food, fibre, medicine, cosmetic, animal food, or other similar product; and (b) an animal prescribed to be a stock animal; suitable person – see section 18 ; supply includes the following: (a) to deliver, sell, trade, give or distribute, whether for monetary consideration or not; (b) to offer or agree to deliver, sell, trade, give or distribute; (c) to cause or permit delivery, sale, trade, giving or distribution; (d) to hold in possession for the purpose of delivery, sale, trade, giving or distributing; (e) to produce or package for delivery, sale, trade, giving or distributing; thing includes any biosecurity matter, or carriers, other than a human; treatment means a treatment, or process, used for the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact, including a process, or measure, for treating, cleaning, fumigating, irradiating, disinfecting, medicating and vaccinating; vehicle means a conveyance of any kind, however propelled, whether or not it is capable of being moved or operated at the material time, and includes – (a) a caravan, trailer, truck, train and other land vehicle; and (b) a vessel; and (c) an aeroplane, helicopter, hot air balloon, drone and other aircraft; and (d) any other prescribed thing; vessel includes – (a) a ship, boat, hovercraft, ferry, raft and other water craft; and (b) a pontoon, floating pier and other floating structure; veterinary surgeon means a person who is a registered veterinary surgeon within the meaning of the Veterinary Surgeons Act 1987 ; virus includes any virus and sub-viral agent capable of infecting an organism; weed means a plant that is a pest. (2) In this Act, a reference to 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) In this Act, unless the contrary intention appears, a reference to the State, this State or Tasmania includes a reference to the state waters of Tasmania. 9. Meaning of biosecurity compendium (1) The Secretary is to keep on the Department website a compendium that includes, but is not limited to – (a) a list of all prohibited matter; and (b) a list of all permitted matter, including any conditions, requirements and restrictions applying in respect of the permitted matter; and (c) a list of all restricted matter declared under section 21(2) ; and (d) any explanatory or supporting information and material that the Secretary considers appropriate. (2) The Secretary is to ensure that – (a) the compendium, or a copy of the compendium, kept under subsection (1) is available to members of the public; and (b) the compendium or the copy made available is, on 1 July of each year, correct as at that point in time. (3) The compendium kept under subsection (1) – (a) is to be judicially noticed; and (b) is not a statutory rule for the purposes of the Rules Publication Act 1953 ; and (c) is not subordinate legislation for the purposes of the Subordinate Legislation Act 1992 . 10. Meaning of biosecurity event For the purposes of this Act, each of the following events is a biosecurity event: (a) the presence in Tasmania, or part of Tasmania, of prohibited matter; (b) the presence in Tasmania, or part of Tasmania, of an animal disease that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the disease, or cause of the disease, is known or identified; (c) the presence in Tasmania, or part of Tasmania, of a plant disease that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the disease, or cause of the disease, is known or identified; (d) the presence in Tasmania, or part of Tasmania, of an invasive pest that may pose a biosecurity risk to Tasmania, or part of Tasmania, regardless of whether the species, or subspecies, of the invasive pest is known or identified; (e) a prescribed event or circumstance. 11. 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 biosecurity matter or carrier, being an adverse effect that is a result of, or related to – (a) the introduction, presence, spread or increase of an animal disease or plant disease into or within Tasmania or any part of Tasmania; or (b) the introduction, presence, spread or increase of a pest into or within Tasmania or any part of Tasmania; or (c) an animal or plant, or the product of any animal or plant, that is contaminated; or (d) any thing, or circumstances, prescribed to have biosecurity impact. (2) For the purposes of subsection (1)(c) , 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 safety or the environment; or (c) unfit for export or other trade for which it would normally be used. 12. Meaning of biosecurity matter In this Act, biosecurity matter includes the following: (a) an animal, plant, and other organism, other than a human; (b) a part of an animal, plant or other organism, other than a human; (c) an animal product and plant product; (d) an animal disease and plant disease; (e) a prion; (f) a contaminant; (g) a disease that may cause either or both of the following: (i) disease in an animal, plant or other organism (other than a human); (ii) disease in a human through transmission to the human from an animal, plant or other organism (other than a human); (h) any prescribed thing. 13. 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. 14. 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) disposes of, or destroys, the biosecurity matter or carrier; or (g) 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 (h) moves or conveys the biosecurity matter or carrier; or (i) releases the biosecurity matter or carrier into the environment, or from captivity or confinement; or (j) uses, or treats, the biosecurity matter or carrier; or (k) breeds, propagates, grows, raises, feeds, clones or cultures the biosecurity matter or carrier; or (l) experiments with the biosecurity matter or carrier; or (m) displays the biosecurity matter or carrier; or (n) enters into an agreement or arrangement to deal with the biosecurity matter or carrier; or (o) causes, permits or arranges for a dealing with the biosecurity matter, or carrier, to occur; or (p) 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 had possession, care, custody 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. 15. Meaning of emergency (1) In this Act, an emergency includes – (a) an event in respect of which an emergency order has been made; and (b) the occurrence, suspected occurrence or imminent occurrence of a biosecurity emergency. (2) In this Act, an act or function is performed by a person in an emergency if the person, at the time of performing the act or function, reasonably believes or suspects that – (a) the performance of the act or function is necessary under an emergency order; or (b) a biosecurity emergency is occurring, has occurred or is imminent and the performance of the act or function is necessary to assess, prevent, control or manage the biosecurity emergency. 16. Meaning of pest and invasive pest (1) In this Act, a non-indigenous animal, or non-indigenous plant, is a pest if it has an adverse effect on or is suspected of having an adverse effect on the environment, the community or the economy by – (a) competing with other organisms for resources including food, water, nutrients, habitat and sunlight; or (b) destroying or damaging the habitat of other organisms; or (c) preying or feeding on other organisms; or (d) transmitting disease to other organisms; or (e) causing harm to other organisms through toxicity or disturbance; or (f) reducing the productivity of any primary industry, or the value of any primary produce or commodity; or (g) damaging infrastructure; or (h) reducing the amenity or aesthetic value of premises; or (i) harming or reducing biodiversity; or (j) doing any other prescribed thing or having any other prescribed effect. (2) In addition to subsection (1) , a pest includes any thing, whether indigenous or non-indigenous, prescribed to be a pest for the purposes of this Act. (3) For the purposes of this Act, a pest is an invasive pest in relation to Tasmania, or a specified part of Tasmania, if – (a) before the discovery of the pest, the pest is not known to have been introduced to Tasmania or that part of Tasmania; or (b) the pest is not otherwise known to be established in Tasmania or that part of Tasmania; or (c) the pest is prescribed as an invasive pest. 17. Meaning of regulated dealing and prohibited dealing (1) In this Act, a reference to a regulated dealing is a reference to a dealing that is prescribed to be a regulated dealing. (2) In this Act, a reference to a prohibited dealing is a reference to a dealing that is prescribed to be a prohibited dealing. 18. 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 the person is, or is no longer, a suitable person: (a) if the person has been found guilty of an offence under this Act; (b) if the person has been found guilty of an offence under 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 failed to comply with a requirement of this Act, or a requirement or condition of an authorisation issued or granted under this Act; (d) if there has been an unfavourable accreditation audit or biosecurity audit in respect of the person; (e) any prescribed matter; (f) any other matter that the person considering the application, or making the decision, considers relevant to the application or decision. Division 2 - Classification of matter 19. Permitted matter (1) The Minister may, by notice published in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be permitted matter if the Minister is satisfied on reasonable grounds that – (a) the biosecurity matter, or class of biosecurity matter, does not pose a biosecurity risk to Tasmania or a part of Tasmania; or (b) any biosecurity risk posed by the biosecurity matter, or class of biosecurity matter, is not significant and is able to be effectively controlled. (2) A declaration under this section may be made subject to such conditions, requirements or restrictions in respect of biosecurity matter, or class of biosecurity matter, as the Minister considers reasonable in the circumstances. 20. Prohibited matter (1) The Minister may, by notice published in the Gazette, declare any biosecurity matter, or class of biosecurity matter, to be prohibited matter if the Minister is satisfied on reasonable grounds that – (a) the biosecurity matter, or class of biosecurity matter, poses a significant biosecurity risk to Tasmania or a part of Tasmania; 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 published in the Gazette, declare any carrier, or class of carriers, to be prohibited matter if the Minister is satisfied on reasonable grounds that – (a) the carrier, or class of carriers, poses a significant biosecurity risk to Tasmania or a part of Tasmania; 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. 21. Restricted matter (1) Biosecurity matter or a carrier, or a class of biosecurity matter or carriers, is restricted matter if – (a) it is an animal or plant, or an animal or plant product, that is not permitted matter or prohibited matter; or (b) it is an animal disease or plant disease that is not permitted matter or prohibited matter; or (c) it is declared by the Minister under subsection (2) to be restricted matter. (2) The Minister may, by notice published in the Gazette, declare biosecurity matter or a carrier, or a class of biosecurity matter or carriers, to be restricted matter if the Minister is satisfied on reasonable grounds that – (a) the biosecurity matter or carrier, or class of biosecurity matter or carriers, poses a biosecurity risk to Tasmania or a part of Tasmania; and (b) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter or carrier, or class of biosecurity matter or carriers. 22. Form of declaration of matter (1) A declaration under this Division takes effect – (a) on the day on which notice of the declaration is published in the Gazette; or (b) such later date as is specified in the notice so published. (2) A declaration under this Division ceases to have effect – (a) on the date specified in the notice so published; or (b) on the expiry of the period specified in the notice so published; or (c) if no such date or period is specified in the notice, on the revocation of the notice. 23. Minister to consult on declaration Before making a declaration under this Division, the Minister is to consult with the Chief Veterinary Officer and the Chief Plant Protection Officer in respect of the proposed declaration. Division 3 - Reasonable suspicion 24. Reasonable suspicion – carriers (1) For the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that – (a) biosecurity matter is present in or on the animal, plant or other thing; or (b) the animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there is or was an animal, plant or other thing that was a carrier of the biosecurity matter; or (c) there is present, in or on the place where the animal, plant or other thing is kept, a vehicle, or other thing, that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in, or on, that other place. (2) For the purposes of this Act, a place may reasonably be suspected of being a carrier of biosecurity matter if there are reasonable grounds for suspecting that – (a) biosecurity matter is present in or on the place; or (b) there is present, in or on the place, a vehicle or other thing that has been in or on another place when the biosecurity matter or a carrier of the biosecurity matter was present in or on that other place. (3) It is not necessary, in order to form a reasonable suspicion under this section that an animal or plant is a carrier of biosecurity matter, for the animal or plant to be exhibiting signs of infection or contamination or other signs that it is a carrier. (4) Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is a carrier of biosecurity matter. 25. Reasonable suspicion of infection (1) For the purposes of this Act, an animal, plant or other thing may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that – (a) a disease agent is present in or on the animal, plant or other thing; or (b) the animal, plant or other thing is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, on or in which there was, or is, an animal, plant or other thing infected with the disease. (2) For the purposes of this Act, a place may reasonably be suspected of being infected with a disease if there are reasonable grounds for suspecting that a disease agent is present in or on the place. (3) It is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infected with a disease, for the animal, plant, place or other thing to be exhibiting signs of the disease. (4) Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infected with a disease. 26. Reasonable suspicion of infestation (1) For the purposes of this Act, an animal, plant, place or other thing may reasonably be suspected of being infested with a pest if there are reasonable grounds for suspecting – (a) that the pest is present in or on the animal, plant, place or other thing; or (b) that there is present, in or on the place or other thing, a vehicle or other thing that has been in or on another place when the pest was present in or on that other place. (2) It is not necessary, in order to form a reasonable suspicion under this section that an animal, plant, place or other thing is infested with a pest, for the animal, plant, place or other thing to be exhibiting signs of infestation with the pest. (3) Nothing in this section prevents the Secretary, an authorised officer or any other person from using any other evidence or consideration available to the Secretary, authorised officer or other person to form a reasonable suspicion that an animal, plant, place or other thing is infested with a pest. PART 3 - Officers Division 1 - Plant protection officers 27. Chief Plant Protection Officer (1) The Secretary may appoint, by written instrument, a person employed in the Department to be Chief Plant Protection Officer if satisfied that the person holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline. (2) The person may hold the office of Chief Plant Protection Officer in conjunction with State Service employment. 28. Deputy Chief Plant Protection Officer (1) The Secretary may appoint, by written instrument, one or more persons employed in the Department to be Deputy Chief Plant Protection Officer if satisfied that the person holds appropriate tertiary qualifications and expertise in plant sciences or another related discipline. (2) A person may hold the office of Deputy Chief Plant Protection Officer in conjunction with State Service employment. (3) A Deputy Chief Plant Protection Officer may perform the functions of the Chief Plant Protection Officer, including any functions that have been delegated to the Chief Plant Protection Officer by the Secretary or Minister, on such terms and in such circumstances as may be specified in the instrument of appointment of the Deputy Chief Plant Protection Officer. (4) For the avoidance of doubt, a reference in this Act to the Chief Plant Protection Officer in relation to a function includes a reference to a Deputy Chief Plant Protection Officer if the Deputy Chief Plant Protection Officer is authorised to perform the function. Division 2 - Veterinary officers 29. Chief Veterinary Officer (1) The Secretary may appoint, by written instrument, a veterinary surgeon employed in the Department to be Chief Veterinary Officer. (2) The person may hold the office of Chief Veterinary Officer in conjunction with State Service employment. 30. Deputy Chief Veterinary Officer (1) The Secretary may appoint, by written instrument, one or more veterinary surgeons employed in the Department to be Deputy Chief Veterinary Officer. (2) A person may hold the office of Deputy Chief Veterinary Officer in conjunction with State Service employment. (3) A Deputy Chief Veterinary Officer may perform the functions of the Chief Veterinary Officer, including any functions that have been delegated to the Chief Veterinary Officer by the Secretary or Minister, on such terms and in such circumstances as may be specified in the instrument of appointment of the Deputy Chief Veterinary Officer. (4) For the avoidance of doubt, a reference in this Act to the Chief Veterinary Officer in relation to a function includes a reference to a Deputy Chief Veterinary Officer if the Deputy Chief Veterinary Officer is authorised to perform the function. Division 3 - Authorised officers 31. Authorised officers (1) The Secretary may appoint one or more of the following persons to be an authorised officer: (a) a State Service officer or State Service employee; (b) an employee of a council; (c) an employee of the Commonwealth or of another State; (d) an employee of an entity prescribed for the purposes of this section; (e) a person who has entered into a contract, or who is employed by an organisation that has entered into a contract, with the Crown to perform a function under this Act. (2) A State Service officer, State Service employee, employee of a council, employee of the Commonwealth or of another State, or an employee of an organisation referred to in subsection (1)(d) or (e) , may hold the office of authorised officer in conjunction with that employment. (3) The Secretary may only appoint a person as an authorised officer under subsection (1) if the Secretary is satisfied that the person – (a) is a suitable person to be appointed as an authorised officer; and (b) holds the qualifications, skills, knowledge and experience to perform the functions of an authorised officer; and (c) holds any qualifications, skills, knowledge and experience that are prescribed for the purposes of this section. (4) The Minister may enter into an agreement with the relevant Minister of the Commonwealth, or another State, in relation to the performance of the functions of an authorised officer by an employee of the Commonwealth, or the other State, appointed under subsection (1) . (5) An appointment under subsection (1) may be – (a) on such terms and conditions as are specified in the instrument of appointment; and (b) for such period specified in the instrument of appointment or, if no time is so specified, until such time as the appointment is revoked. (6) The Secretary may, at any time – (a) revoke an appointment of an authorised officer; or (b) impose, vary or revoke a term or condition specified in an instrument of appointment for an authorised officer. (7) If the Secretary takes an action under subsection (6) in respect of an employee of the Commonwealth or of another State appointed as an authorised officer under subsection (1) , the Secretary is to 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 the office or position of employment that made him or her eligible to be appointed as an authorised officer, he or she ceases to be an authorised officer. (9) The Secretary may publish, as he or she thinks fit, details as to what qualifications, skills, knowledge and experience may be required for a person – (a) to be appointed as an authorised officer under subsection (1) ; and (b) to be authorised to perform specified functions as an authorised officer. 32. Functions of authorised officer (1) Unless otherwise specified in his or her instrument of appointment, an authorised officer is authorised to perform the functions of an authorised officer specified in this Act and, in particular, the functions specified in Part 4 . (2) Nothing in this Act authorises or requires an authorised officer to act in contravention of the conditions or limitations of his or her appointment as an authorised officer. 33. Identification of authorised officers (1) The Secretary – (a) is to issue a form of photographic identification to the Chief Veterinary Officer, the Chief Plant Protection Officer and each authorised officer appointed under section 31(1) ; and (b) may issue a form of photographic identification to each authorised officer who is a police officer. (2) Photographic identification issued under subsection (1) is to – (a) be in a form approved by the Secretary and contain the prescribed particulars, if any; and (b) contain a recent photograph of the authorised officer. (3) An authorised officer who is not a police officer must, if issued with a form of photographic identification under subsection (1) – (a) carry the photographic identification while performing functions under this Act; and (b) if requested to do so, produce the photographic identification before performing functions under this Act. (4) A police officer must, if requested to do so, identify himself or herself before performing the functions of an authorised officer under this Act. (5) If a person ceases to be an authorised officer, the person must – (a) return to the Secretary any photographic identification issued to the person under subsection (1) unless otherwise instructed by the Secretary; or (b) comply with any such instruction by the Secretary. Penalty: Fine not exceeding 100 penalty units. (6) Photographic identification issued under this section may be combined with any identification issued or granted under this Act or any other Act. Division 4 - Biosecurity auditors 34. Biosecurity auditors (1) For the purposes of this Act, an accreditation authority may appoint a person as a biosecurity auditor. (2) A biosecurity auditor is authorised under this Act to perform – (a) biosecurity audits as required under this Act; and (b) any other functions conferred on a biosecurity auditor by, or under, this Act. (3) An appointment by an accreditation authority under subsection (1) may – (a) specify, in the instrument of appointment, that the biosecurity auditor may only act as a biosecurity auditor in respect of a specified class of biosecurity audits; and (b) be subject to such conditions or limitations as are specified in the instrument of appointment. (4) Schedule 1 applies in respect of – (a) an application for appointment as a biosecurity auditor; and (b) an application for renewal of appointment as a biosecurity auditor; and (c) the suspension or cancellation of appointment as a biosecurity auditor. (5) Nothing in this Act authorises or requires a biosecurity auditor to act in contravention of the conditions or limitations of his or her appointment as a biosecurity auditor. 35. Approval of authorised officer to perform functions of biosecurity auditor (1) The Secretary may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity auditor. (2) An approval under subsection (1) – (a) may apply to a specified authorised officer or to any specified class of authorised officers; and (b) may be subject to such conditions or limitations as are specified in the approval. (3) An approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Secretary. (4) The Secretary may, by written instrument, revoke or amend an approval under this section at any time. (5) The approval of a person as a biosecurity auditor under this section ceases to be in force if the person – (a) ceases to be an authorised officer; or (b) ceases to be an authorised officer of a particular class specified in the approval. (6) In this Act, a reference to – (a) a biosecurity auditor appointed under this Act; or (b) a person appointed as a biosecurity auditor – includes a reference to a person approved to perform the functions of a biosecurity auditor under this section. (7) Nothing in this Act authorises, or requires, a person approved to perform the functions of a biosecurity auditor under this section to act in contravention of the conditions or limitations of that approval. 36. Entry to premises by biosecurity auditor (1) A biosecurity auditor who is also an authorised officer may perform his or her functions as a biosecurity auditor on premises entered under his or her functions as an authorised officer. (2) A biosecurity auditor who is not an authorised officer may enter premises for the purpose of performing the biosecurity auditor's functions as a biosecurity auditor if accompanying, or being accompanied by, an authorised officer who enters those premises in the performance of his or her functions as an authorised officer. (3) Nothing in this section prevents a biosecurity auditor from – (a) entering or remaining on any premises, or doing anything else on premises, with the consent of the occupier of the premises; or (b) entering or remaining in any public place while that place is open to the public. 37. Use of assistants A biosecurity auditor performing a function conferred by or under this Act may perform the function with the assistance of such other persons as the biosecurity auditor considers necessary, subject to any conditions of appointment as a biosecurity auditor. Division 5 - Biosecurity certifiers 38. Biosecurity certifier (1) For the purposes of this Act, an accreditation authority may grant accreditation as a biosecurity certifier to a person. (2) A biosecurity certifier is authorised to issue biosecurity certificates as required under this Act. (3) An accreditation by an accreditation authority under subsection (1) may only authorise the biosecurity certifier to act as a biosecurity certifier in respect of – (a) a specified class of biosecurity certificates; or (b) a specified class of biosecurity matter or carriers. (4) Schedule 1 applies in respect of – (a) an application for accreditation as a biosecurity certifier; and (b) an application for renewal of accreditation as a biosecurity certifier; and (c) the suspension or cancellation of accreditation as a biosecurity certifier. (5) Nothing in this Act authorises or requires a biosecurity certifier to act in contravention of the conditions or limitations of his or her accreditation as a biosecurity certifier. 39. Approval of authorised officer to perform functions of biosecurity certifier (1) The Secretary may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity certifier. (2) An approval under subsection (1) may – (a) apply to a specified authorised officer or to any specified class of authorised officers; and (b) be subject to such conditions or limitations as are specified in the approval. (3) An approval under subsection (1) has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Secretary. (4) The Secretary may, by written instrument, revoke or amend an approval under this section at any time. (5) The approval of a person as a biosecurity certifier under this section ceases to be in force if the person ceases to be an authorised officer or ceases to be an authorised officer of a particular class specified in the approval. (6) In this Act, a reference to a biosecurity certifier includes a reference to a person approved to perform the functions of a biosecurity certifier under this section. (7) Nothing in this Act authorises, or requires, a person approved to perform the functions of a biosecurity certifier under this section to act in contravention of the conditions or limitations of that approval. Division 6 - Authorised analysts 40. Authorised analysts (1) The Secretary may, by written instrument, appoint a person as an authorised analyst for the purposes of this Act, if the Secretary is satisfied that the person holds the appropriate qualifications and experience for the position. (2) An appointment under subsection (1) may be subject to such conditions, or limitations, as the Secretary considers reasonable in the circumstances. (3) The Secretary may, by written instrument, revoke or amend the appointment of a person as an authorised analyst at any time. (4) If an appointment of a person as an authorised analyst is made by reference to a particular office held by the person – (a) the person ceases to be an authorised analyst if he or she ceases to hold that office; and (b) any other person who holds that office, while the appointment is in effect, is an authorised analyst for the purposes of this Act while he or she holds that office. (5) The Secretary may appoint an authorised officer as an authorised analyst and the authorised officer so appointed may perform the functions of an authorised officer in addition to the functions of an authorised analyst. PART 4 - Functions of Authorised Officers Division 1 - General 41. Authorised purpose (1) Unless otherwise specified in this Act, an authorised officer may only perform the functions of an authorised officer for one or more of the following purposes: (a) to assess, prevent, eliminate, minimise, control or manage any biosecurity risk or biosecurity impact, or suspected biosecurity risk or biosecurity impact; (b) to investigate, monitor and enforce compliance with this Act; (c) to administer or execute this Act; (d) to obtain information or records necessary for the administration or enforcement of this Act; (e) to assist a biosecurity auditor to perform the biosecurity auditor's functions in connection with a biosecurity audit; (f) if the authorised officer is a biosecurity auditor, to perform a biosecurity audit. (2) An authorised officer who is also a biosecurity auditor may perform the functions of an authorised officer while he or she is also performing the functions of a biosecurity auditor. 42. 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 in accordance with subsection (1) may – (a) accompany the authorised officer onto any premises that the authorised officer is lawfully allowed to enter under this Act; and (b) take all reasonable steps to assist the authorised officer in the performance of the authorised officer's functions under this Act. 43. Use of dogs (1) An authorised officer may be authorised, in his or her instrument of appointment, to use a dog to assist the authorised officer to detect the presence of, or manage, biosecurity matter in accordance with this Act. (2) An authorised officer authorised to use a dog to assist the authorised officer may, in the performance of his or her functions as an authorised officer, bring the dog onto any premises that the authorised officer is lawfully allowed to enter under this Act. (3) Despite subsection (1) , an authorised officer may only use a dog to assist the authorised officer if – (a) the authorised officer considers the use of the dog necessary in the circumstances; and (b) while the dog is assisting the authorised officer – (i) the dog is under the effective control, within the meaning of the Dog Control Act 2000 , of the authorised officer; and (ii) the authorised officer takes all reasonable steps to ensure that the dog does not unnecessarily interact with any person other than the authorised officer. 44. Performance of functions in emergency The fact that this Part only authorises an authorised officer to perform specified functions in an emergency does not prevent the authorised officer from performing any other function under this Act in that emergency. 45. Extraterritorial performance of functions (1) The Minister may enter into an agreement with a Minister of another State or the Commonwealth providing for either or both of the following: (a) the performance of functions under this Act in another State or the Commonwealth by authorised officers or interstate biosecurity officers; (b) the performance of functions under a corresponding law in Tasmania by authorised officers or interstate biosecurity officers. (2) The Secretary 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 under this Act in another State by authorised officers or interstate biosecurity officers; (b) the performance of functions under a corresponding law in Tasmania 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 under this Act in another State as authorised under that agreement; and (b) perform functions under a corresponding law in Tasmania as authorised under that agreement to the extent required in respect of a biosecurity impact, or potential biosecurity impact, in another State. Division 2 - Information gathering 46. Application of Division A function under this Division may be performed under this Act separately from, or in connection with, any other function being performed under this Act. 47. Information to be provided (1) In this section – information includes documents, records, recordings, registers, data and electronic communications. (2) An authorised officer may, by written notice, require a person to provide the