Biosecurity Advice 2016/03 - New draft biosecurity regulations and delegated legislation out for comment

​5 February 2016

​The Australian Government, through the Department of Agriculture and Water Resources, has released further draft regulations under the Biosecurity Act 2015 for public consideration. These documents provide further detail for those who will be regulated by the biosecurity legislation.

The exposure drafts of the following regulations, declaration and determination were published on the department’s website on 5 February 2016.

Consultation is open until 24 March 2016.

• Biosecurity Regulation 2016: Permits
• Biosecurity Regulation 2016: Ballast Water
• Biosecurity Regulation 2016: Compensation
• Biosecurity Regulation 2016: Use of Protected Information
• Biosecurity Regulation 2016: Assessment and Management
• Biosecurity (Pre-arrival Notices and Reports) Regulation 2016
• Biosecurity (Acceptable Ballast Water Exchange Area) Declaration 2016
• Biosecurity (Exposed Conveyances—Exceptions from Biosecurity Control) Determination 2016

The draft regulations, declaration and determination include details relating to:

• the process of applying for and being granted an import permit; information that must be included in an application for a permit to bring or import goods into Australian territory; the period for making a decision on application for a permit; and varying, revoking, imposing conditions of, and varying, suspending or revoking, a permit.
• the reporting and management of ballast water; requirements for approval of ballast water management plans, certificates and records; and the acceptable location and circumstances for ballast water exchange.
• the availability of compensation under the Biosecurity Act, including the amount payable.
• the circumstances under which a person may make a record of, disclose to a prescribed agency or otherwise use protected information (personal or commercial-in-confidence information).
• the amounts for high-value goods and conveyances, and other biosecurity measures relating to goods and premises.
• the notices that must be given of goods that are, or are intended to be, brought into and unloaded at a landing place or port in Australian territory, and reporting for vessels entering Australian territory.
• the circumstances under which exposed conveyances do not become subject to biosecurity control.

The release of the draft regulations, declaration and determination gives interested clients, stakeholders and trading partners an opportunity to provide feedback on how they will work in practice when the new Act takes effect on 16 June 2016.

For more information on these exposure drafts, or to make a submission, please visit The Biosecurity Act 2015