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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Bills

Biosecurity Bill

Introduction and First Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (15:20): Obtained leave and introduced a bill for 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. Read a first time.

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (15:23): I move:

That this bill be now read a second time.

I am very pleased to introduce the Biosecurity Bill 2024. South Australian primary industries generated a record $18.5 billion in revenue in 2022-23. This comes in a year where floods and global trade and geopolitical issues impacted the sector, including global recovery from the COVID-19 pandemic.

Strong results achieved over recent years, despite global challenges and extreme weather events, illustrate the importance of a robust and resilient primary industry sector, and this is no less the case when it comes to biosecurity. A strong biosecurity system is critical to underpinning the productivity and profitability of our primary industries.

Australia's biosecurity system has been valued at $314 billion by the Centre of Excellence for Biosecurity Risk Analysis at the University of Melbourne, reflecting a 30:1 return on investment. Australia and South Australia are world leaders in biosecurity, but significant changes, domestically and internationally, are leading to increased or changed biosecurity risks, and we need to keep pace with these.

Increased national and international movement of goods and people, climate change, changes in land use, the surge in e-commerce and changes in global pest and disease distribution are placing increased pressure on South Australia's biosecurity system and the nation as a whole. To effectively manage the increasing risks, there is a need for South Australia to introduce more contemporary, flexible biosecurity legislation.

The presence of foot-and-mouth disease and lumpy skin disease on Australia's doorstep (but not here), the recent incursion and establishment of varroa mite in New South Wales, our ongoing fight against fruit fly, and the recent emergency responses to the presence of abalone viral ganglioneuritis in the South-East of the state and tomato brown rugose fruit virus in the Northern Adelaide Plains are all significant challenges that underline the need for a strong and effective biosecurity system.

South Australia's current biosecurity legislation has served us well; however, there is the opportunity to strengthen the regulatory tools to respond to current and emerging risks effectively and consistently. Disparate provisions in acts covering plant health, animal health and aquatic-related biosecurity also impede efficient, flexible delivery and can be confusing for system participants. The commonwealth government and state and territory governments are progressively shifting to consolidated biosecurity acts.

As part of the national biosecurity system, a consolidated biosecurity act is needed for South Australia to enable a harmonised, flexible and risk and evidence-based approach to preventing, controlling and managing biosecurity risks and to ensure that South Australia remains a strong link in the national system.

This is a crucial bill for ensuring the future sustainability of our state's primary producers, environment and wider community. A thorough review of existing legislation and the opportunity for multiple rounds of stakeholder consultation culminated in an eight-week public consultation on the draft bill in August and September 2023. This has allowed us to make sure that the voices of system participants have been heard.

The bill brings consistency to the management of animal, plant and environmental biosecurity across industries by keeping and improving the best of what has worked in existing legislation and adding new tools and concepts to embed these in a single, modern, flexible legislative framework. It draws on the experience and lessons of other jurisdictions, such as Queensland, New South Wales, Tasmania and Western Australia, in developing their biosecurity legislation to ensure that the bill is cutting edge and tailored to meet the needs of our state.

The Biosecurity Bill 2024 introduces new concepts to the way biosecurity is managed and regulated in South Australia. A fundamental concept in the bill is that of biosecurity matter, which includes any animal, plant or other organism, apart from a human being, and animal and plant pests and diseases, disease agents, prions (abnormal proteins) implicated in animal diseases, contaminants and animal and plant products. For example, bees, varroa mites and honey would all be kinds of biosecurity matter.

The bill also defines a carrier of biosecurity matter, which is any living or non-living thing that has, or is capable of having, biosecurity matter on it, attached to it or contained in it. For instance, a hive or a vehicle may be a carrier of bees. Bees are carriers of varroa mites, and varroa mites themselves may be carriers of serious viruses, such as deformed wing virus. Humans are not within the definition of 'carrier', but it does include things that are worn or carried by a person, such as clothing, footwear and personal baggage.

A third crucial concept is that of a dealing, which includes most human interactions with biosecurity matter or carriers. Common examples of dealings include growing plants, selling or moving produce, keeping animals and researching a pest or a disease. Additionally, there are concepts of biosecurity risk and impact. Biosecurity risks are the risks of biosecurity impacts arising from biosecurity matter, a carrier or a dealing. These detrimental impacts may be economic, environmental or social. Examples include livestock sickness or death, crop yield loss, products made unfit for market, harm to native animals or plants, damage to infrastructure and dangers to public safety.

The bill provides for certain biosecurity matter and carriers or classes of biosecurity matter and carriers to be declared prohibited. These are the biosecurity matter and carriers that pose a significant biosecurity risk to South Australia and for which regulation and controls are necessary to prevent, eliminate, minimise, control or manage that risk.

Similarly, the bill allows for prohibited and regulated dealings to be declared by regulation. Prohibited dealings pose biosecurity risks in the same manner as prohibited matter and require similar regulation and controls to prevent, eliminate, minimise, control or manage those risks. Regulated dealings require anyone undertaking them to be registered for that purpose and to carry them out subject to conditions of their registration that ensure the dealing does not pose an unacceptable biosecurity risk.

The bill aims to build a culture of shared responsibility among government, industry and the community for protecting our state from the impacts of pests, diseases and contaminants. To support this outcome it introduces the key new concept of general biosecurity duty, which is a duty everyone has to prevent, eliminate, minimise, control or manage biosecurity risks when dealing with biosecurity matter or a carrier.

The general biosecurity duty requires a person to take reasonably practicable measures in relation to a risk they know or reasonably ought to know exists. The standard for complying with the general biosecurity duty is set at that which can be expected for someone in their circumstances and with their knowledge and will be different, for example, for a professional researcher or agronomist than a member of the public. There is also guidance within the bill as to the meaning of 'reasonably practicable'.

In addition to the general biosecurity duty there is a biosecurity duty to notify a biosecurity event in the bill. If prohibited matter or an incursion of a new pest or disease is observed or suspected then there is a legal requirement to make a notification. This requirement is critical to facilitating an early response to a pest or disease incursion, providing the greatest likelihood of successful eradication.

The bill also contains a suite of tools for implementation of responses to biosecurity risks and impacts. This includes tools to establish areas subject to certain measures necessary to regulate a biosecurity risk. These range from a short-term emergency order through a medium-term control order to a long-term biosecurity zone.

Emergency orders have a wider range of measures available and are for use in emergencies that present a high risk and/or impact such as an outbreak of foot-and-mouth disease, while a control order might be used for a fruit fly outbreak and a zone established for ongoing measures to protect the pest or disease-free status of a particular area such as the Riverland or Kangaroo Island.

Authority to issue emergency and control orders resides with the minister, with zones established by regulation. Outside of emergency situations, if there would be adverse effects in relation to relevant acts there are requirements to consult with the appropriate minister. These tools are supported by individual and group directions.

The chief executive of PIRSA may give a general biosecurity direction to people that prohibits, regulates or controls particular dealings and specifies measures to be taken for the purpose of assessing, preventing or managing a biosecurity risk or impact. The chief executive, a chief officer or an officer authorised by the minister under the act may give an individual biosecurity direction to a person requiring them to undertake or cease specified actions to manage a biosecurity risk or prevent a contravention of the act; for example, directing them to take specified actions to destroy a pest on their property which is prohibited matter or cease a particular activity which is prohibited under a control order.

Authorised officers also have a range of powers they can exercise for authorised purposes in administering and enforcing the act, which includes the scope of powers in existing biosecurity related legislation. They strike the right balance between allowing officers to act in implementing the bill and ensuring appropriate checks and balances are in place. Importantly, the bill gives authorised officers authority to act if they believe or reasonably believe the situation requires action to prevent, eliminate, minimise, control or manage a biosecurity risk or impact. Provisions such as these are central to supporting the bill's aims of risk-based decision-making and acting early to achieve the best biosecurity outcomes.

The bill contains a number of provisions to support access to domestic and international markets for South Australia's produce, enabling it to be certified as pest and disease free and traced through the supply chain, meeting entry conditions of the receiving jurisdiction. These include registration of people engaging in regulated dealings and provisions to enable allocation of identification codes, such as the existing Property Identification Code for livestock producers. This can be extended under the new framework, for example, to property ID codes for producers of plants. Such identification schemes are increasingly important in supporting market access and are also critical in tracing the movement of pests and diseases in an emergency.

Another central theme of the bill is supporting shared responsibility. Examples of this include co-regulation with industry, provision for the establishment of biosecurity programs and the general biosecurity duty. Industry codes of practice, standards and market assurance schemes can be legally recognised under the bill. Further, both government and non-government organisations can be accreditation authorities. Such authorities accredit biosecurity certifiers who can certify that products meet required conditions for market access.

Biosecurity programs are an important new tool to prevent, eliminate, minimise, control or manage a particular biosecurity risk or impact. These can be proposed by an industry or community body or be led by government. They will foster partnerships, shared responsibility and co-investment in tackling issues of interest to specific industry or community groups. Shared responsibility is also supported by the general biosecurity duty, which will encourage and facilitate collective responsibility for biosecurity risks that affect us all. Everyone will need to meet the general biosecurity duty when dealing with a biosecurity matter.

The bill provides for a modern, flexible compliance framework and brings outdated penalties into line with the risk and impact of the offences involved. Of these, release of a prescribed agent with intent to harm or infect/infest animals or plants and cause substantial harm to an industry or the state economy is the most serious and carries a maximum penalty of $1 million, 10 years in prison, or both.

Another important provision in the bill relates to extraterritorial application of the act to ensure it may apply to the greatest extent it can. This could be used, for example, to take compliance action against online retailers sending prohibited matter into South Australia from interstate. The bill also provides the required flexibility where a person or group of people need to undertake an activity that would otherwise be unlawful under the bill, and this can be done with certain prescribed conditions to manage this risk. This is managed through a system of individual and group permits which, for example, could be used to allow a grower or group of growers to move fruit out of a fruit fly affected area once suitably treated and certified.

The bill seeks to address significant risks to South Australia's economy, environment and people and, as such, contains necessary powers, many of which I have touched upon. It has been carefully crafted to ensure strategic decisions with potentially significant implications reside with the minister or chief executive and decisions relating to day to day and on-ground application reside with the Chief Plant Protection Officer, Chief Veterinary Officer, or an authorised officer. Scope exists for delegation where appropriate.

Furthermore, the bill provides for review of decisions through the minister or, where appropriate, externally through the South Australian Civil and Administrative Tribunal. The bill will also replace the Dog Fence Act 1946, continuing the Dog Fence Board in its important role managing the dog fence to ensure wild dogs are prevented from entering pastoral and agricultural areas of the state. The bill updates existing provisions, while maintaining the essential functions related to the board and the dog fence. Schedule 2 is necessary to the bill, but is provided in erased type as clauses 18 and 19 deal with money.

The Biosecurity Bill is the result of a significant body of work to ensure that South Australia has fit for purpose, modern legislation to manage biosecurity risks now and into the future. There has been significant consultation, which showed broad support for the proposed reforms and creation of a consolidated biosecurity bill. It also resulted in some substantial improvements to earlier drafts of the bill. I commend the Biosecurity Bill 2024 to the council and look forward to further debate. I seek leave to table the explanation of clauses and insert it in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

Division 1—Formal

1—Short title

2—Commencement

These clauses are formal.

Division 2—Interpretation and key concepts

3—Interpretation

This clause defines terms used in the measure.

4—Meaning of biosecurity event

This clause sets out the meaning of a biosecurity event for the purposes of the measure.

5—Meaning of biosecurity impact

This clause sets out the meaning of a biosecurity impact for the purposes of the measure.

6—Meaning of biosecurity matter

This clause sets out the meaning of a biosecurity matter for the purposes of the measure.

7—Meaning of carrier

This clause sets out the meaning of a carrier for the purposes of the measure.

8—Meaning of dealing

This clause sets out the meaning of a dealing for the purposes of the measure.

9—Meaning of emergency

This clause sets out the meaning of an emergency for the purposes of the measure.

10—Meaning of pest

This clause sets out the meaning of a pest for the purposes of the measure.

11—Meaning of suitable person

This clause sets out the meaning of suitable person for the purposes of the measure.

12—Meaning of reasonably practicable

This clause sets out the meaning of reasonably practicable for the purposes of the measure.

Division 3—Classification of matter and dealings

13—Prohibited matter

This clause establishes what constitutes prohibited matter.

14—Prohibited and regulated dealings

This clause establishes what constitutes prohibited and regulated dealings.

Division 4—Principles that apply to biosecurity duties

15—Duty not transferable

This clause provides that a biosecurity duty cannot be transferred to another person.

16—Person may have more than one duty

This clause provides that a person can have more than 1 biosecurity duty.

17—More than one person can have a duty

This clause provides that more than 1 person can concurrently have the same biosecurity duty.

18—Duty to prevent, eliminate or minimise biosecurity risk

This clause provides that there is a duty imposed on a person to prevent, eliminate or minimise a biosecurity risk.

Division 5—Extraterritorial application

19—Extraterritorial application

This clause provides that the measure is to apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.

Division 6—Status of Act

20—Interaction with other Acts

This clause sets out the interaction between the measure and other Acts or laws.

21—Act does not give rise to or affect civil causes of action

This clause provides that a provision of this Act does not confer a right of action in civil proceedings based on a contravention of the provision.

Part 2—Objects

22—Objects

This clause establishes the objects of the measure.

Part 3—Administration

Division 1—Chief Officers and deputies

23—Chief Officers

This clause establishes that there will be a Chief Plant Protection Officer and a Chief Veterinary Officer and provides for their appointments.

24—Deputy Chief Officers

This clause establishes that there will be a Deputy Chief Plant Protection Officer and a Deputy Chief Veterinary Officer and provides for their appointments.

25—Roles of Deputy Chief Officers

This clause establishes the roles, powers and functions of the deputy chief officer.

Division 2—Authorised officers

26—Appointment of authorised officers

This clause provides for the appointments of authorised officers.

27—Identity cards

This clause requires that an authorised officer is issued with an identity card.

28—Use of assistants

This clause provides that 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.

29—Use of animals

This clause provides that 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.

30—Provision of assistance

This clause provides that 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.

31—Performance and exercise of functions and powers in emergency

This clause states that the fact that a provision of the measure 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 the measure in that emergency.

32—Extraterritorial performance and exercise of functions and powers

This clause provides that the Minister may enter into an agreement with a Minister of the Commonwealth or another State providing for the performance of powers or the exercise of functions on behalf of the Commonwealth in another State or under a corresponding law in South Australia by interstate officers.

33—Hindering etc persons engaged in the administration of Act

This clause provides for an offence of hindering authorised officers.

Division 3—Authorised analysts

34—Authorised analysts

This clause provides for the appointment of authorised analysts.

Division 4—Statutory corporations

35—Establishment of statutory corporations by regulation

This clause provides for the establishment of statutory corporations by regulation.

36—Dog Fence Board

This clause provides for the continuation of the Dog Fence Board as a statutory corporation.

Division 5—Quarantine stations

37—Quarantine stations

This clause provides for a designated authority that may, by notice published on the Department website, declare a place to be a quarantine station.

Division 6—Register

38—Register

This clause provides for a register of certain matters.

Division 7—Delegations

39—Delegations

This clause makes provision for a power of delegation by a statutory authority.

Part 4—Biosecurity duties, dealings and measures

Division 1—General biosecurity duty

40—General biosecurity duty

This clause provides for the general biosecurity duty.

41—Failure to comply with general biosecurity duty

This clause makes it an offence to fail to comply with a biosecurity duty.

42—Specified biosecurity requirements

This clause makes provision for specified biosecurity requirements.

Division 2—Dealings

43—Prohibited matter

This clause provides that a person who deals with any biosecurity matter that is prohibited matter throughout the State is guilty of an offence.

44—Prohibited dealings

This clause makes it an offence to engage in a prohibited dealing.

45—Regulated dealings

This clause makes it an offence to engage in a regulated dealing except in certain circumstances.

Division 3—Other requirements

46—Manifests

This clause creates offences relating to prescribed biosecurity matter.

47—Biosecurity matter sold for propagation

This clause makes it an offence to sell any prescribed biosecurity matter for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations.

48—Packaging and labelling for sale

This clause makes it an offence to pack for sale or sell prescribed biosecurity matter in packaging unless the packaging meets specified requirements.

Division 4—Duty to notify biosecurity event

49—Biosecurity duty to notify biosecurity event

This clause provides that a person who becomes aware of, or who reasonably suspects, the occurrence or likely occurrence of a biosecurity event has a biosecurity duty.

50—Failure to comply with biosecurity duty

This clause provides that a person must not fail to discharge the person's biosecurity duty.

51—Protection against self-incrimination

This clause provides a protection against self-incrimination, other than for certain offences under the measure.

Part 5—Registration scheme

Division 1—Preliminary

52—Nature of biosecurity registration

This clause sets out the nature of a biosecurity registration.

Division 2—Obtaining registration

53—Application for registration

This clause provides for the making of an application by a person for a biosecurity registration.

54—Grant or refusal of biosecurity registration

This clause provides for the grant or refusal of a biosecurity registration.

55—Duration of biosecurity registration

This clause provides that a biosecurity registration remains in force for a period, not exceeding 5 years and that the registration may be renewed.

56—Periodic fees and annual returns

This clause provides that a prescribed registered entity must in each year pay the prescribed fee and lodge a return.

57—Variation of biosecurity registration

This clause provides that the Chief Officer may, at any time, by written notice to the registered entity, vary the biosecurity registration.

Division 3—Renewal of biosecurity registration

58—Renewal of biosecurity registration

This clause provides that a registered entity may apply to the relevant Chief Officer for renewal of biosecurity registration.

59—Grant or refusal of renewal of biosecurity registration

This clause provides that the relevant Chief Officer may, after considering an application for renewal of biosecurity registration, renew the biosecurity registration with or without conditions, or refuse to renew the biosecurity registration.

Division 4—Conditions of biosecurity registration

60—Conditions of biosecurity registration

This clause provides that the relevant Chief Officer may impose conditions on a registered entity's biosecurity registration.

61—Compliance with standards

This clause provides that a condition imposed on a registered entity's biosecurity registration may require the registered entity to engage in a regulated dealing in accordance with all of, or part of, a specified standard, code, guideline, protocol, program or other similar instrument.

62—Conditions requiring specified works or measures

This clause provides that a condition imposed on a registered entity's biosecurity registration may require the registered entity to carry out specified works, or to put in place specified measures, to prevent, eliminate, minimise, control or manage the biosecurity risk of a biosecurity dealing.

63—Conditions imposing alternative arrangements

This clause provides that a condition imposed on a registered entity's biosecurity registration may require the registered entity to have in place an alternative arrangement that has been approved by the relevant Chief Officer.

64—Conditions for insurance cover

This clause provides that a condition imposed on a registered entity's biosecurity registration may require the registered entity to take out and maintain a policy of insurance that indemnifies the registered entity against any liability to which the registered entity may become subject in connection with the regulated dealing under the biosecurity registration.

65—Conditions requiring biosecurity audits

This clause provides that a condition imposed on a registered entity's biosecurity registration may require the registered entity to co-operate with, or arrange, mandatory biosecurity audits and may provide for the frequency of biosecurity audits.

66—Conditions requiring financial assurances

This clause provides that a condition imposed on a biosecurity registration may require certain financial assurances.

67—Conditions for record keeping and the provision of information

This clause provides that record keeping conditions and conditions in connection with the provision of information may be imposed on a biosecurity registration.

68—Conditions to take effect later

This clause provides that a condition on a biosecurity registration may take effect at the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs.

69—Failure to comply with condition

This clause imposes a penalty for a contravention of a condition of a biosecurity registration.

Division 5—Suspension, cancellation or surrender of biosecurity registration

70—Grounds for suspension or cancellation of biosecurity registration

This clause establishes grounds for the suspension or cancellation of a biosecurity registration.

71—Suspension of biosecurity registration

This clause makes provision for the suspension of a biosecurity registration.

72—Cancellation of biosecurity registration

This clause makes provision for the cancellation of a biosecurity registration.

73—Surrender of biosecurity registration

This clause makes provision for the surrender of a biosecurity registration by a registered entity.

74—Effect of suspension, cancellation or surrender

This clause provides that a biosecurity registration may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as the relevant Chief Officer may impose.

Division 6—Identification codes

75—Identification codes

This clause enables the provision of 1 or more schemes for the allocation of codes identifying certain issues relating to biosecurity matter.

Part 6—Biosecurity accreditation, auditing and certification—administration

Division 1—Preliminary

76—Interpretation

This clause defines terms for the Part.

77—Appointment policy for biosecurity auditors

This clause provides that an accreditation authority that is authorised to appoint biosecurity auditors under this Act must adopt a policy in relation to the appointment of biosecurity auditors.

78—Accreditation policy for biosecurity certifiers

This clause provides that an accreditation authority that is authorised to accredit biosecurity certifiers under this Act must adopt a policy in relation to the accreditation of biosecurity certifiers.

Division 2—Accreditation authorities

79—Accreditation authorities

This clause provides for accreditation authorities and sets out what an accreditation authority is authorised to do.

80—Responsible accreditation authority

This clause makes provision for a responsible accreditation authority.

Division 3—Applications

81—Applications

This clause provides for the making of applications for—

(a) approval as an accreditation authority; or

(b) appointment as a biosecurity auditor; or

(c) accreditation as a biosecurity certifier.

82—Grant or refusal of application

This clause provides for the grant or refusal of an application.

83—Scope of appointment or accreditation

This clause provides for certain matters in relation to the appointment of a person as a biosecurity auditor and the scope of that appointment. It also provides for certain matters in relation to the accreditation of a biosecurity certifier and the scope of that appointment.

84—Duration of relevant authorisation

This clause provides that a relevant authorisation remains in force for a period, not exceeding 5 years, specified by the relevant decision-maker, unless sooner cancelled or suspended.

85—Variation of relevant authorisation

This clause provides that a relevant decision-maker may, at any time, by written notice, vary a person's—

(a) approval as an accreditation authority; or

(b) appointment as a biosecurity auditor; or

(c) accreditation as a biosecurity certifier.

Division 4—Renewal of relevant authorisation

86—Applications to renew

This clause provides that the holder of a relevant authorisation may apply to the relevant decision-maker for renewal of the relevant authorisation.

87—Grant or refusal of renewal of relevant authorisation

This clause provides for the grant or refusal of a renewal of a relevant authorisation.

Division 5—Conditions of relevant authorisation

88—Conditions of relevant authorisation

This clause provides for the imposition of conditions on a person's relevant authorisation at the time of the grant, or renewal of the authorisation, or at any other time by variation to the relevant authorisation.

89—Conditions of approval as accreditation authority

This clause makes provision in relation to the conditions of approval as an accreditation authority.

90—Conditions of appointment as a biosecurity auditor

This clause sets out the conditions of, or that may be imposed on, an appointment as a biosecurity auditor.

91—Conditions of accreditation as a biosecurity certifier

This clause sets out the conditions that may be imposed on the accreditation of a biosecurity certifier.

92—Failure to comply with condition

This is an offence provision relating to breaches of conditions.

Division 6—Suspension, cancellation or surrender of relevant authorisation

93—Grounds for suspension or cancellation of relevant authorisation

This clause sets out the grounds for suspension or cancellation of a relevant authorisation.

94—Suspension of relevant authorisation

This clause makes provision in relation to the suspension of a relevant authorisation.

95—Cancellation of relevant authorisation

This clause makes provision in relation to the cancellation of a relevant authorisation.

96—Immediate suspension in certain circumstances

This clause makes provision in relation to the immediate suspension of a relevant authorisation in certain circumstances.

97—Surrender of relevant authorisation

This clause provides for the surrender of a relevant authorisation.

98—Effect of suspension, cancellation or surrender

This clause makes provision in relation to conditions that the cancellation, suspension or surrender of a relevant authorisation may be subject to.

Part 7—Biosecurity audits and certification

Division 1—Biosecurity audits

Subdivision 1—Preliminary

99—Interpretation

A definition of designated authority is set out for the Division.

Subdivision 2—Authority to act

100—Biosecurity auditors

Biosecurity auditors are provided for.

101—Approval of authorised officer to perform functions of biosecurity auditor

The Chief Executive may approve an authorised officer to perform the functions of a biosecurity auditor.

102—Entry to premises by biosecurity auditor

This clause provides for entry to premises by biosecurity auditors.

103—Use of assistants

This clause provides for use of assistants by biosecurity auditors.

Subdivision 3—Biosecurity audits generally

104—Biosecurity audits

This clause makes provision in relation to biosecurity audits.

105—Biosecurity audit mandatory in certain circumstances

Biosecurity audits will be mandatory in certain circumstances.

106—Reporting requirements

This clause makes provision in relation to reporting requirements for biosecurity audits.

107—Biosecurity auditor to provide immediate report in certain circumstances

This clause sets out certain circumstances where a biosecurity auditor must provide an immediate report.

Subdivision 4—Accreditation audits

108—Accreditation audits

This clause makes provision in relation to accreditation audits.

109—Imposition of requirement to perform accreditation audit

The Chief Executive, a Chief Officer or an authorised officer may require the performance of an accreditation audit in certain circumstances.

110—Engagement of auditor

This clause makes provision in relation to the engagement of an auditor.

111—Functions of biosecurity auditors—accreditation audits

This clause sets out the functions of biosecurity auditors in relation to accreditation audits.

112—Recovery of fee for accreditation audits

A fee is payable for an accreditation audit carried out by an accreditation auditor in accordance with the measure.

113—Use of biosecurity audits

This clause provides that a person who requires an accreditation audit must have regard to that accreditation audit in performing the person's functions under the Act in relation to the audit target under the measure.

Subdivision 5—Compliance audits

114—Compliance audits

This clause sets out the purposes for which a compliance audit may be performed.

115—Imposition of requirement to perform compliance audit

This clause sets out the requirement to perform compliance audits.

116—Decision to require compliance audits

This clause provides that in deciding whether to require a compliance audit or determining the frequency of compliance audit regard must be had to certain specified matters.

117—Audit frequency policy

This clause provides for an audit frequency policy to be adopted by a designated authority.

118—Engagement of auditor

This clause provides for the engagement of a biosecurity auditor to perform audits.

119—Functions of biosecurity auditor—compliance audits

This clause provides for the functions of a biosecurity auditor in connection with a compliance audit.

120—Recovery of fee for compliance audit

This clause provides for the payment of a fee in connection with a compliance audit carried out by a biosecurity auditor who is an authorised officer.

121—Use of compliance audits

This clause provides that a designated authority that requires a compliance audit must have regard to the compliance audit in performing the designated authority's functions under this Act in relation to the audit target.

Subdivision 6—Related matters

122—Audit agreements

This clause provides that the Chief Executive may enter into an audit agreement with another accreditation authority.

123—Hindering etc biosecurity auditors

This clause creates an offence of hindering a biosecurity auditor.

Division 2—Biosecurity certificates

124—Biosecurity certifier may issue biosecurity certificates

This clause provides for the issuing of a biosecurity certificate by a biosecurity certifier.

125—Content, form and duration of biosecurity certificates

This clause provides that a biosecurity certificate certifies certain matters in respect of a specified biosecurity matter or carrier, or any other specified thing or specified area, for the purposes of this Act.

126—Specific powers of biosecurity certifiers

This clause provides that a biosecurity certifier may take specified action before issuing a biosecurity certificate in relation to any biosecurity matter, carrier, thing or area.

127—Fees

This clause makes provision for the setting and payment of a fee for a biosecurity certificate.

128—Recognition of interstate biosecurity certificates

This clause provides for the recognition of a biosecurity certificate under a corresponding law.

129—Approval of authorised officers to perform functions of biosecurity certifiers

This clause provides for the appointment of any authorised officer to perform any specified function or power of a biosecurity certifier.

130—Use of assistance

This clause provides that a biosecurity certifier performing a function conferred by or under the measure may perform the function with the assistance of such other persons as the biosecurity certifier considers necessary in the circumstances (subject to any conditions of accreditation as a biosecurity certifier).

131—Offences

This clause makes provision for offences in relation to biosecurity certificates.

Part 8—Permits

Division 1—Preliminary

132—Interpretation

This clause defines relevant decision-maker for the purposes of the Part.

133—Types of permit

This clause provides for the different types of permit that may be granted under the Part.

134—Effect of permit

This clause makes provision for permits.

Division 2—Individual permits

135—Application for permit

This clause provides for applications by a person to a relevant decision-maker for an individual permit.

136—Grant or refusal of permit

This clause provides for the grant or refusal of a permit.

137—Duration of permit

This clause provides that an individual permit remains in force for a period, not exceeding 5 years, specified on the permit, unless sooner cancelled or suspended. It provides for the renewal of a permit also.

138—Variation of permit

This clause provides that a relevant decision-maker may, at any time, vary an individual permit by written notice to the permit holder.

139—Renewal of permit

This clause provides that a permit holder may apply to a relevant decision-maker for the renewal of an individual permit.

140—Grant or refusal of renewal of permit

This clause provides that a relevant decision-maker may, after considering an application for renewal of an individual permit, renew the permit with or without conditions, or refuse to renew the permit.

Division 3—Group permits

141—Grant of group permit

This clause provides that a relevant decision-maker may grant a group permit, with or without conditions, on the relevant decision-makers own initiative or at the written request of a person.

142—Form of permit

This clause provides that a group permit must be in the approved form and specify other matters.

143—Variation of permit

This clause provides that a relevant decision-maker may, at any time, vary a group permit by written notification.

144—Renewal of permit

This clause provides that a relevant decision-maker may renew a group permit, for such period not exceeding 5 years, and on such terms, as the relevant decision-maker thinks fit by written notification made in accordance with the regulations.

Division 4—Conditions of permits

145—Conditions of permit

This clause provides that a relevant decision-maker may impose conditions on a permit at the time of the grant, or renewal, of the permit and at any other time by variation to the permit.

146—Conditions relating to insurance

This clause provides that a condition imposed on a permit may require the permit holder to take out a policy of insurance.

147—Conditions requiring biosecurity audits

This clause provides that a condition imposed on a permit may require the permit holder to co-operate with, or arrange, mandatory biosecurity audits at specified intervals.

148—Conditions requiring financial assurances

This clause provides that a condition imposed on a permit may require the permit holder to provide certain financial assurances and evidence of such financial assurances.

149—Conditions to take effect later

This clause provides that a condition of a permit may provide that all or a part of the permit does not take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs.

150—Failure to comply with condition

This clause makes it an offence to contravene a condition of a permit.

Division 5—Suspension, cancellation or surrender of permit

151—Grounds for suspension or cancellation of permit

This clause sets out the grounds for suspension or cancellation of a permit.

152—Suspension of permit

This clause provides that a relevant decision-maker may, by written notice to the permit holder, suspend an individual permit if the relevant decision-maker is satisfied that there are grounds for the suspension of the permit.

153—Cancellation of permit

This clause provides that a relevant decision-maker may, by written notice to the permit holder, cancel an individual permit if the relevant decision-maker is satisfied that there are grounds for the cancellation of the permit.

154—Voluntary surrender of individual permit

This clause provides that a permit holder may surrender the permit holder's individual permit.

155—Effect of suspension, cancellation or surrender

This clause provides that a permit may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as a relevant decision-maker may impose.

Part 9—Biosecurity programs and agreements

Division 1—Approved biosecurity programs

156—Preparation of draft biosecurity program

This clause provides that an entity representing the interests of any industry, or any part of the community, may prepare a draft program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact.

157—Approval of draft biosecurity program

This clause provides that an entity that has prepared a draft program may apply to the Minister for approval of the program.

158—Amendment of approved biosecurity program

This clause provides that the Minister may, on application from the entity that prepared an approved biosecurity program amend the approved biosecurity program or refuse to amend the approved biosecurity program.

159—Termination of approved biosecurity program

This clause provides that a Minister may terminate an approved biosecurity program on the Minister's own initiative or on the application of the entity that prepared the approved biosecurity program.

160—Cost of implementing approved biosecurity program

This clause provides that the Minister may, by written notice, agree that the Crown will reimburse the entity that prepared an approved biosecurity program for any specified costs incurred by the entity in implementing the program.

Division 2—Government biosecurity programs

161—Government biosecurity programs

This clause provides the Minister may direct the Chief Executive to implement a program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact.

Division 3—Biosecurity control agreements

162—Biosecurity control agreements

This clause provides that the Chief Executive may make an agreement with the owner or occupier of any premises in relation to carrying out treatment, destruction or other activities on those premises for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk or biosecurity impact.

Part 10—Biosecurity zones

Division 1—General scheme

163—Biosecurity zones

This clause provides that the regulations may prescribe biosecurity zones.

164—Biosecurity zone measures

This clause provides for a biosecurity zone measure which is a measure to be implemented in respect of a biosecurity zone for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk, or biosecurity impact, in respect of which the biosecurity zone was established.

165—Failure to comply with a biosecurity zone measure

This clause makes it an offence to contravene a biosecurity measure.

166—Chief Officer may authorise required action and recover costs

This clause provides that in addition to any penalty imposed under the measure, if a person contravenes a biosecurity zone measure, the relevant Chief Officer may authorise a person to enter premises and take action necessary to ensure the biosecurity zone measure is complied with or otherwise to remedy the contravention.

Division 2—Accreditation of biosecurity zones

167—Accreditation of biosecurity zones

This clause provides that if the Minister is satisfied that through the exercise of good management by the producers or processors of animals or plants, or animal products or plant products, in a specified biosecurity zone, the biosecurity zone is free of a specified pest or disease, or specified pests or diseases, the Minister may, by notice in the Gazette, declare the biosecurity zone to be free of the pest or disease, or pests or diseases, specified in the notice and authorise the use of specified statements in respect of animals or plants, or animal products or plant products, produced or processed in the biosecurity zone when advertising, packaging or selling those animals or plants, or animal products or plant products.

Division 3—Limitations on regulation-making power

168—Interpretation

This clause defines the term biosecurity zone regulation for the purposes of the Division.

169—Detention or treatment of persons

This clause provides that a biosecurity zone regulation may not prohibit, regulate or control the movement of a person or require treatment measures to be carried out on a person.

170—Destruction requirements

This clause provides that a biosecurity zone regulation may not require or authorise the destruction of a thing except in certain specified cases.

171—Consultation requirements

This clause sets out the requirement for the Minister to consult before recommending to the Governor the making of a biosecurity zone regulation.

Division 4—Warrants

172—Warrants

This clause makes provision for the issuing of a warrant by a magistrate.

Part 11—Orders and directions

Division 1—Emergency orders

173—Emergency orders

This clause makes provision for the declaration of a biosecurity emergency.

174—Duration of emergency order

This clause provides that an emergency order remains in force for the period specified in the order, not exceeding 12 months from the date on which the order is published or served under this Division.

175—Notice of emergency order generally

This clause provides that the Minister must give notice of an emergency order by causing a copy of the order to be published.

176—Notice of emergency order relating to specific property

This clause provides that if the Minister makes an emergency order that is property-specific, the Minister may give notice of the order by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the property.

177—Emergency zones

This clause provides for the specification of emergency zones.

178—Emergency measures

This clause authorises the Minister to specify in an emergency order any measures that the Minister considers are reasonably necessary to respond to a biosecurity emergency.

179—Additional emergency measures

This clause provides for additional emergency measures.

180—Measures which may not be emergency measures

Certain matters are not permitted to be emergency measures.

181—Inspection of persons

An emergency order may require that a person allow themselves to be inspected.

182—Emergency order prevails

This clause provides that an emergency order prevails over specified laws or instruments (including provisions of designated Acts (which are defined)).

183—Offences

This clause makes provision for offences relating to emergency orders.

184—Variation or revocation of emergency order

This clause makes provision in relation to the variation or revocation of emergency order.

185—SA Police

This clause confers a member of SA Police with all the powers of an authorised officer during the declaration of a biosecurity emergency in relation to the emergency.

Division 2—Control orders

186—Control orders

The Minister may make orders establishing control zones and control measures in relation to a zone.

187—Content of control orders

This clause provides for the content of control orders.

188—Duration of control orders

This clause provides for the duration of control orders.

189—Notice of control orders generally

This clause provides for how notice of control orders is to be given generally.

190—Notice of control orders relating to specific property

This clause provides for how notice of control orders is to be given in relation to specific property.

191—Control zones

Provision is made in relation to control zones.

192—Control measures

Provision is made in relation to control measures.

193—Measures which may not be control measures

Certain matters may not be included in control measures.

194—Destruction requirements

Requirements are set out in relation to the circumstances where a control order may not require or authorise the destruction of a thing.

195—Consultation requirements

Consultation requirements that must be followed before making a control order are set out.

196—Offences

This clause provides for offences relating to control orders.

197—Variation or revocation of control order

This clause makes provision in relation to the variation or revocation of control order.

Division 3—Biosecurity directions

Subdivision 1—Preliminary

198—Interpretation

This clause defines the term designated entity for the purposes of the Division.

199—Types of biosecurity direction

Biosecurity directions may be general or individual.

200—Period for which biosecurity direction has effect

This clause provides for the period for which a biosecurity direction has effect.

201—Related provision

This provision is interpretative.

Subdivision 2—General biosecurity directions

202—General biosecurity direction

The Chief Executive is authorised to give general biosecurity directions.

203—How general biosecurity direction is given

This clause provides for how general biosecurity directions are to be given.

Subdivision 3—Individual biosecurity directions

204—Individual biosecurity direction

A designated entity is authorised to give an individual biosecurity direction.

205—How individual biosecurity direction is given

This clause provides for how an individual biosecurity direction is to be given.

206—Special emergency powers—inspection and treatment measures

A special provision is made for giving an individual biosecurity direction in an emergency.

207—Recovery of costs

This clause provides for the recovery of costs from the person to whom an individual biosecurity direction.

Subdivision 4—Related provisions

208—Measures which may not be included in biosecurity direction

Certain matters may not be included in biosecurity directions.

209—Interaction with other Acts

This provision relates to the interaction between the exercise of powers under the Division with other Acts.

210—Variation or revocation of biosecurity direction

This clause provides for the variation or revocation of biosecurity directions.

211—Offences

This clause provides for offences relating to biosecurity directions.

Division 4—Action on default

212—Action on default

This clause provides for action to be taken for failure to comply with a designated instrument (an emergency order, control order or biosecurity direction).

Division 5—Warrants

213—Warrants

This clause provides for a magistrate to issue a warrant for the purposes of the Part.

Part 12—Reimbursement and compensation

Division 1—Reimbursement

214—Eligibility for reimbursements

This clause provides for the eligibility for reimbursements to owners for the death of an animal, plant or other property.

215—Claims for reimbursement

This clause provides for a claim for reimbursement.

216—Amount of reimbursement

This clause provides for the amount to be reimbursed.

217—Determination of value

This clause provides that the calculation of the value of any animal, plant or other property that may be the subject of a claim for reimbursement under this Division must be made in accordance with the regulations.

218—Reimbursement may be withheld

This clause provides that the Chief Executive may cause to be retained the whole or part of the reimbursement payable under this Division if a doubt or dispute arises as to the eligibility of a person for the reimbursement.

219—Payment of reimbursement

This clause provides for the reimbursement of an animal, plant or other property destroyed under an approved biosecurity program and in other cases.

220—Recovery of reimbursement

This clause provides that if the Crown has mistakenly paid an amount by way of reimbursement, or partial reimbursement, under this Division to a person who was not eligible for the reimbursement or partial reimbursement, that person is liable to repay that amount to the Chief Executive (on behalf of the Crown) withing 3 months after receiving a written demand for repayment from the Chief Executive, or such other period as may be agreed between the parties.

221—Offence to make false claim

This clause creates an offence for making a claim for reimbursement that is false or misleading or fraudulent.

Division 2—Compensation

222—Compensation for loss or damage as consequence of a biosecurity order or direction

This clause provides that a person who has suffered loss or damage as a direct result of an order or direction under Part 11 may apply to the Minister for compensation under this section.

Part 13—Review

Division 1—Preliminary

223—Interpretation

This clause defines terms for the purposes of the Part.

Division 2—Internal review

224—Application for internal review

This clause provides for applications to the Minister for internal reviews of reviewable decisions.

225—Consideration of application for internal review

This clause provides for the matters the Minister must consider in dealing with an application for review.

226—Operation and implementation of decision or direction subject to review

This clause provides that an application for review does not affect the operation of the decision or direction to which the application relates or prevent the taking of action to implement or enforce the decision or direction.

Division 3—External review

227—Application to Tribunal

This clause provides for applications to the Tribunal for a review of the Minister's decision in relation to a reviewable decision.

Part 14—Functions and powers of authorised officers

Division 1—Preliminary

228—Purposes for which functions and powers under Part may be exercised

This clause provides for the functions and powers of authorised officer under this Part.

Division 2—Information gathering

229—Exercise in conjunction with other powers

This clause provides that a power conferred by this Division may be exercised whether or not a power of entry is being exercised under another part of this Act.

230—Power to require information and records

This clause provides that an authorised officer may, by written notice, require a person to furnish to the authorised officer such information or records as the authorised officer may require for an authorised purpose.

231—Power to require answers to questions

This clause provides that an authorised officer may require a person to answer questions in relation to a matter if the authorised officer reasonably believes that the questions may assist in the performance of an authorised purpose.

232—Recording of evidence

This clause provides that an authorised officer may cause any questions and answers to questions given under this Division to be recorded if the authorised officer has informed the person who is to be questioned that the record is to be made.

233—Power of authorised officer to demand name and address

This clause provides that an authorised officer may require a person whom the authorised officer suspects on reasonable grounds to have committed, or to be committing, an offence under this Act or the regulations to state the person's full name and residential address.

234—Requiring information in case of an emergency

This clause provides that a person is not excused from a requirement made by an authorised officer to furnish information or records or to answer a question on the ground that the information, record or answer might incriminate the person or make the person liable to a penalty if the authorised officer makes the requirement in the case of an emergency and the authorised officer warns the person that the authorised officer is making the requirement in the case of an emergency.

Division 3—Power to enter

235—Power to enter

This clause provides that an authorised officer has the power to enter any premises or vehicle.

236—Entry to residential premises

This clause provides for the entry of authorised officers into dwellings.

Division 4—Investigation powers

237—Powers that can be exercised on premises or in relation to a vehicle

This clause provides for the powers of an authorised officer in relation to vehicles.

238—Recovery of fee for action taken

This clause provides for the payment of a fee by a person for any action taken by an authorised officer under a power conferred by this Division if, in the opinion of the Chief Executive, it is reasonable to do so.

Division 5—Provisions relating to seizure

239—Provisions relating to seizure

This clause provides for certain matters, including the seizure of a thing that is subject to the operation of clause 237.

Division 6—Warrants

240—Warrants

This clause provides for a warrant required for the purposes of this Part in relation to premises or a vehicle if a warrant issued by a magistrate.

Division 7—Related matters

241—Care to be taken

This clause provides that in the exercise of a power of entering or searching premises under this Part, or doing anything else on premises under the measure, an authorised officer must do as little damage as is reasonably possible.

242—Detention or treatment of persons

This clause provides for limits and prohibitions around the examination, control of movement and testing of a person by an authorised officer.

243—Destruction requirements

This clause provides for the destruction of a thing in limited circumstances.

244—Destruction proposal

This clause provides that before taking action to destroy any thing an authorised officer must give written notice.

245—Interaction with other Acts

This clause provides for prohibitions and limitations around the exercise of powers that would interact with protections conferred under other Acts.

246—Interference with device, trap or equipment

This clause creates an offence if a person without reasonable excuse, moves, damages or otherwise interferes with any device, bait, trap or other equipment, or any sign, placed on premises by, or under the direction of, an authorised officer for an authorised purpose.

Part 15—Specific biosecurity offences

247—Interpretation

This clause defines terms for the purposes of the Part.

248—Act to cause substantial or material harm or risk

This clause creates an offence provision that arises where a person releases a prescribed agent.

249—Act that may cause harm or risk

This clause creates an offence provision that arises where a person releases a prescribed agent.

250—Substantial harm and material harm

This clause creates establishes whether harm is (or would be) substantial or material for the purposes of the Part.

251—Alternative finding

This clause provides that if in proceedings for an offence against this Part the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part that carries an equal or lower maximum penalty (determined according to the relative maximum monetary penalties), the court may find the defendant guilty of the latter offence.

Part 16—Legal proceedings

Division 1—Offences generally

252—Classification of offence

All offences against the measure (except one clause) are classified as summary offences.

253—Proceedings for offences

This clause sets out who may commence proceedings for an offence under the proposed Act and time limits for matters to be pursued as breaches of the Act.

254—Offences by employers (vicarious liability)

This clause provides that if an employee or agent commits an offence under this Act, the employer or principal is taken to have committed the same offence, except as provided in the clause.

255—Offences by bodies corporate

These clauses are standard clauses.

256—Offences by employees and agents

This clause sets out where an act or omission of an employee or agent will be taken to be an act or omission of the employer or principal.

257—Continuing offences

A person convicted of an offence will be liable to a penalty with respect to any continuing act or omission.

258—General defence of due diligence

This clause provides for a general defence (relating to due diligence) to a charge of an offence under this measure.

259—Defence of lawful excuse

This clause provides for a defence of lawful excuse.

260—Actions done under direction of an authorised person

A person is not guilty of an offence under the measure for an act done, or omitted, by the person in good faith at the request of, or under the direction of certain specified officers.

261—Common carriers

This clause makes provision relating to criminal liability of common carriers.

262—Burden of proof in certain circumstances

This clause provides that certain matters must be proved by the defendant in criminal proceedings.

263—Expiation of offences

This clause makes provision in relation to the expiation of offences against the measure.

Division 2—Evidentiary provisions

264—Evidentiary certificates

This clause provides for certain things to be proven by certificate evidence.

265—Evidence of allegation

This clause provides for certain allegations to be taken to be proved.

266—Evidence of authorised analyst

This clause contains evidentiary provisions relating to evidence of an authorised analyst.

267—Evidence of state of mind of body corporate

This clause contains evidentiary provisions relating to evidence of the state of mind of a body corporate.

268—Evidence of publication of instruments on website

This clause contains evidentiary provisions relating to evidence of the publication of instruments on the Department website.

269—Evidence of part to be evidence of whole

This clause contains evidentiary provisions relating to evidence of the whole or part of a sample.

270—Evidence in relation to bees

This clause contains evidentiary provisions relating to bee hives.

Division 3—Court orders

271—Preliminary

This clause sets out the capacity for a court to make orders under this Division.

272—Orders for restoration and prevention

This clause provides that the court may order the offender to take such steps as are specified in the order, within such time as is so specified (or such further time as the court, on application, may allow in certain specified cases.

273—Orders for costs, expenses and compensation at time offence proved

This clause provides that the court may, if satisfied of specified matters, order the offender to pay to a government agency or person an amount fixed by the court for costs and expenses incurred or by way of compensation for loss or damage suffered.

274—Recovery of costs, expenses and compensation after offence proved

This clause provides that if, after the court finds an offence proved, a government agency or person may recover from the offender the costs and expenses incurred or the amount of the loss or damage in a court of competent jurisdiction.

275—Orders regarding costs and expenses of investigation

This clause makes provision in relation to orders that may be made regarding the costs and expenses of an investigation.

276—Orders regarding financial benefits

This clause enables the court to order an offender pay an amount which the court is satisfied, on the balance of probabilities, represents the amount of any financial benefits acquired by the offender or an associate of the offender, or accrued or accruing to the offender or an associate of the offender, as a result of the commission of an offence.

277—Prohibition orders

This clause enables the court to make certain prohibition-type orders.

278—Forfeiture

This clause enables the court to make forfeiture orders.

279—Publication order

This clause enables the court to make order requiring the publication of certain information.

280—Failure to comply with orders

An offence is provided for a failure to comply with an order.

Part 17—Miscellaneous

281—Reasonable suspicion of carrier

This clause sets out where an animal, plant or other thing may reasonably be suspected of being a carrier of biosecurity matter.

282—Reasonable suspicion of infection

This clause sets out where an animal, plant or other thing may reasonably be suspected of being infected with a disease.

283—Reasonable suspicion of infestation

This clause sets out where an animal, plant or other thing may reasonably be suspected of being infested with a pest.

284—Public warning statements

The Chief Officer may make public statements or erect public signs about certain matters.

285—Management of stray livestock

This clause provides for the detention and management of stray livestock.

286—Facilities for temporary detention of stray livestock

This clause provides for arrangements for facilities for the temporary detention of stray livestock.

287—Implied contractual terms and conditions

The regulations may provide for certain contractual terms and conditions relevant to the measure.

288—False or misleading information

This is a standard clause.

289—Self-incrimination

This clause makes provision in relation to the privilege against self-incrimination.

290—Vicarious liability

This clause sets out where an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal.

291—Service of orders, notices, directions and other instruments and documents

This clause provides for the service of a prescribed instrument.

292—Description of land in instruments

This clause provides for the description of land or premises in a prescribed instrument.

293—Statutory declarations

This clause provides for the requirement to verify information in the form of a statutory declaration.

294—Protection from liability

This clause provides that the disclosure of information by a person in good faith in certain cases does not incur any civil or criminal liability, is not to be taken to have breached any duty of confidentiality and is not to be taken to have breached any professional ethics or standards or any principles of conduct applicable to the person's employment or to have engaged in unprofessional conduct.

295—Collection, use and disclosure of information

This clause provides for the collection and use of information by a designated person.

296—Immunity

This clause provides a protection from civil or criminal liability to the Crown or a designated person.

297—Planning or other requirements for authorised actions excluded

This clause permits action taken on land despite the requirements for a consent, approval or other authorisation under a designated Act or any other Act.

298—Requirements may continue to have effect

This clause provides for the continuing effect of a requirement imposed by or under the measure.

299—Civil proceedings by the Crown

This clause provides that any civil right of action or recovery under the measure vested in the Minister, the Chief Executive, a government department, a public sector employee or other agency or instrumentality of the Crown may be instituted and exercised by the Crown in right of South Australia and in accordance with the Crown Proceedings Act 1992.

300—Application of Personal Property Securities Act 2009 of the Commonwealth

This clause establishes exclusions for the Personal Property Securities Act 2009 of the Commonwealth.

301—Establishment of biosecurity advisory groups

This clause provides that the Minister may establish 1 or more biosecurity advisory groups in relation to any sector of an industry that has an interest in the operation of the measure.

302—Charges on land

This clause provides that if a charge on land is created by another provision of the measure or under the regulations, the person in whose favour the charge is created may deliver to the Registrar-General a notice, in a form determined by the Registrar-General, setting out the amount of the charge and the land over which the charge is claimed.

303—Use of equipment or computers to make decisions

This clause provides for the use of equipment, computer, software or other mechanical or electronic device or process of a class or kind approved by the Minister may be use in certain cases.

304—Defence if act authorised under another Act

This clause establishes a defence for an offence against the measure, if the defendant proves that the act alleged to constitute the offence was authorised by or under the Fisheries Management Act 2007 or an Act, or a provision of an Act, prescribed by the regulations.

305—Exemption from Act

This clause provides that the Minister may, by notice in the Gazette, confer exemptions from the measure or specified provisions of the measure Act.

306—Regulations, notices and instruments

This clause provides for the making of regulations, notices and other instruments.

Schedule 1—Statutory corporations

This Schedule makes provision for the establishment of statutory corporations.

Schedule 2—Dog Fence Board

This Schedule sets out provisions in relation to the Dog Fence Board and other provisions in relation to dog fences, such as arrangements relating to the collection of rates and maintenance of dog fences.

Schedule 3—Specific measures and provisions to deal with biosecurity risk or biosecurity impact

This Schedule sets out specific measures and provisions to deal with biosecurity risk or biosecurity impact.

Schedule 4—Biosecurity advisory groups

This Schedule makes provision for biosecurity advisory groups.

Schedule 5—Regulations

This Schedule makes provision for the power to make regulations.

Schedule 6—Related amendments, repeals and transitional provisions

This Schedule makes related amendments to other Acts, repeals other Acts and provides for transitional arrangements to support the measure.

Debate adjourned on motion of Hon. L.A. Henderson.

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