Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Biosecurity Bill 2014
Go To First Hit

Part 2 Definitions

   

9   Definitions

                   In this Act:

acceptable ballast water exchange has the meaning given by section 275.

accompanying person for a child or incapable person means:

                     (a)  a parent, guardian or next of kin of the child or incapable person; or

                     (b)  a person authorised by a parent, guardian or next of kin of the child or incapable person under section 39.

acquisition of property » has the same meaning as in paragraph 51(xxxi) of the Constitution.

adjacent premises warrant means a warrant issued as a result of the test in item 5 of the table in section 489 being met.

Administration of a vessel has the same meaning as in the Ballast Water Convention.

affected provisions has the meaning given by subsection 618(1).

Agriculture Department means the Department administered by the Agriculture Minister.

Agriculture Minister means the Minister administering the Primary Industries Levies « and » Charges Collection Act 1991 .

Agriculture Secretary means the Secretary of the Agriculture Department.

aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air, « other » than the reactions of the air against the earth’s surface.

Note:          A reference to an aircraft does not include a reference to an aircraft brought or imported into Australian territory from outside Australian territory on board another conveyance until the aircraft is released from biosecurity control (see subsection 16(3)).

ALOP (short for Appropriate Level of Protection) has the meaning given by section 5.

animal includes a dead animal « and » any part of an animal, but does not include a human or a part of a human, whether the human is dead or alive.

appropriate ballast water records :

                     (a)  for an Australian vessel—has the meaning given by section 295; or

                     (b)  for a foreign vessel—has the meaning given by section 296.

appropriate person means:

                     (a)  for premises to which an entry warrant or a premises possession warrant relates, or premises entered under a provision referred to in section 513—the occupier of the premises, or another person who apparently represents the occupier; or

                     (b)  for a conveyance to which a conveyance possession warrant relates—the person responsible for the conveyance, or another person who apparently represents the person responsible for the conveyance.

Note:          If an entry warrant relates to a conveyance, the appropriate person is the person occupying the conveyance, or another person who apparently represents that person (see paragraph (a) of the definition of premises in this section).

approved arrangement has the meaning given by section 10.

associate of a person has a meaning affected by section 11.

Australian law means a law of the Commonwealth, or of a State or Territory.

Australian seas means the waters (including the internal waters of Australia) within the outer limits of the territorial sea of Australia (including every external Territory).

Note:          This definition is affected by sections 260 (vessels in dry dock) « and » 261 (foreign vessels near the Australian Antarctic Territory).

Australian territory has the meaning given by section 12.

Australian vessel means a vessel that:

                     (a)  has Australian nationality under section 29 of the Shipping Registration Act 1981 ; or

                     (b)  is a vessel whose Administration is the Commonwealth.

baggage means goods:

                     (a)  that are carried on a conveyance by or for a person who is on board the conveyance (including the person in charge « and » members of the crew of the conveyance); or

                     (b)  that a person intended to be so carried.

ballast water has the same meaning as Ballast Water has in the Ballast Water Convention.

Note:          Chapter 5 (ballast water) does not generally apply to permanent ballast water in sealed tanks (see section 263).

Ballast Water Convention means the International Convention for the Control « and » Management of Ships’ Ballast Water « and » Sediments, done at London on 13 February 2004.

Note 1:       The Ballast Water Convention includes the Annex to the Ballast Water Convention.

Note 2:       The Convention could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

ballast water exchange means a process involving:

                     (a)  the discharge of ballast water from a tank on a vessel; « and »

                     (b)  the uptake of water into the tank simultaneously with, or immediately after, the discharge.

ballast water management has the same meaning as Ballast Water Management has in the Ballast Water Convention.

ballast water management certificate has the meaning given by section 288.

ballast water management plan has the meaning given by section 286.

ballast water operation means:

                     (a)  taking up ballast water into a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or

                     (b)  discharging ballast water from a vessel (whether deliberately, accidentally or as part of a ballast water exchange); or

                     (c)  treating or circulating ballast water on a vessel for the purposes of ballast water management.

ballast water reception facility means a facility (including a vessel) for receiving ballast water from vessels for treatment or disposal.

ballast water record system for a vessel means a system for making « and » keeping records about the vessel’s ballast water « and » ballast water operations.

Biodiversity Convention means the Convention on Biological Diversity, done at Rio de Janeiro on 5 June 1992, as in force for Australia from time to time.

Note:          The Convention is in Australian Treaty Series 1993 No.  32 ([1993] ATS 32) « and » could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

biosecurity activities , in relation to an approved arrangement, has the meaning given by section 405.

biosecurity activity zone has the meaning given by subsection 395(1).

biosecurity activity zone determination means a determination made under subsection 395(1).

biosecurity control notice , in relation to goods that are subject to biosecurity control or a conveyance that is subject to biosecurity control, means a notice in the form approved by the Director of Biosecurity that states that the goods or conveyance is subject to biosecurity control.

Note:          See sections 129 « and » 203.

biosecurity control order means an order made under section 353.

biosecurity control order warrant means a warrant issued as a result of the test in item 2 of the table in section 489 being met.

biosecurity emergency means a biosecurity emergency that is declared to exist under subsection 443(1).

biosecurity emergency declaration means a declaration made under subsection 443(1).

biosecurity emergency period means the period specified under paragraph 443(3)(c) in a biosecurity emergency declaration as the period during which the declaration is in force.

biosecurity enforcement officer means a person who is authorised under section 546 or 548 to be a biosecurity enforcement officer under this Act.

biosecurity entry point has the meaning given by section 13.

biosecurity industry participant has the meaning given by section 14.

biosecurity measures means measures to manage any of the following:

                     (a)  biosecurity risks;

                     (b)  the risk of contagion of a listed human disease;

                     (c)  the risk of listed human diseases:

                              (i)  entering Australian territory or a part of Australian territory; or

                             (ii)  emerging, establishing themselves or spreading in Australian territory or a part of Australian territory;

                     (d)  biosecurity emergencies « and » human biosecurity emergencies.

biosecurity monitoring zone means:

                     (a)  a permanent biosecurity monitoring zone; or

                     (b)  a temporary biosecurity monitoring zone.

biosecurity monitoring zone warrant means a warrant issued as a result of the test in item 4 of the table in section 489 being met.

biosecurity officer means a person who is authorised under section 545 to be a biosecurity officer under this Act.

biosecurity official means any of the following:

                     (a)  a biosecurity officer;

                     (b)  a biosecurity enforcement officer;

                     (c)  the Director of Biosecurity.

biosecurity response zone has the meaning given by subsection 365(1).

Note:          An area may be determined to be a biosecurity response zone under Part 5 of Chapter 6 during a biosecurity emergency period (see section 465).

biosecurity response zone determination means a determination made under subsection 365(1).

biosecurity response zone warrant means a warrant issued as a result of the test in item 3 of the table in section 489 being met.

biosecurity risk means (except as provided by section 310):

                     (a)  the likelihood of a disease or pest:

                              (i)  entering Australian territory or a part of Australian territory; or

                             (ii)  establishing itself or spreading in Australian territory or a part of Australian territory; « and »

                     (b)  the potential for any of the following:

                              (i)  the disease or pest to cause harm to human, animal or plant health;

                             (ii)  the disease or pest to cause harm to the environment;

                            (iii)  economic consequences associated with the entry, establishment or spread of the disease or pest.

Note:          Section 310 provides a modified meaning of biosecurity risk in relation to Chapter 6 (managing biosecurity risks: monitoring, control « and » response).

biosecurity risk assessment warrant means a warrant issued as a result of the test in item 1 of the table in section 489 being met.

BIRA (short for Biosecurity Import Risk Analysis) has the meaning given by section 166.

chief human biosecurity officer for a State or Territory means a person who is authorised under section 562 to be a chief human biosecurity officer for the State or Territory.

child or incapable person means:

                     (a)  a person who is less than 18 years old; or

                     (b)  a person who is at least 18 years old « and » either:

                              (i)  is incapable (whether permanently or temporarily) of understanding the general nature « and » effect of, « and » purposes of carrying out, a biosecurity measure; or

                             (ii)  is incapable (whether permanently or temporarily) of indicating whether he or she consents or does not consent to a biosecurity measure.

Christmas Island means the Territory of Christmas Island.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

coastal sea of Australia or an external Territory has the same meaning as in subsection 15B(4) of the Acts Interpretation Act 1901 .

Cocos (Keeling) Islands means the Territory of Cocos (Keeling) Islands.

commercial-in-confidence has the meaning given by section 15.

Commonwealth body includes a Department of State, or an authority, of the Commonwealth.

competent authority has the meaning given by the International Health Regulations.

conditionally non-prohibited goods has the meaning given by subsection 174(2).

constitutional trade « and » commerce means the following:

                     (a)  trade or commerce between Australia « and » places outside Australia;

                     (b)  trade or commerce among the States;

                     (c)  trade or commerce within a Territory, between a State « and » a Territory or between 2 Territories.

conveyance has the meaning given by section 16.

conveyance possession warrant means a warrant issued as a result of the test in item 6 of the table in section 489 being met.

cost-recovery charge means:

                     (a)  a fee prescribed by regulations made for the purposes of subsection 592(1) for a fee-bearing activity; or

                     (b)  a charge imposed by:

                              (i)  the Biosecurity Charges Imposition (Customs) Act 2015 ; or

                             (ii)  the Biosecurity Charges Imposition (Excise) Act 2015 ; or

                            (iii)  the Biosecurity Charges Imposition (General) Act 2015 ; or

                     (c)  a late payment fee relating to a fee or charge described in paragraph (a) or (b).

Note:          The references in paragraph (b) to the Biosecurity Charges Imposition (Customs) Act 2015 , the Biosecurity Charges Imposition (Excise) Act 2015 « and » the Biosecurity Charges Imposition (General) Act 2015 include references to those Acts before their short titles were amended from the Quarantine Charges (Imposition—Customs) Act 2014 , the Quarantine Charges (Imposition—Excise) Act 2014 « and » the Quarantine Charges (Imposition—General) Act 2014 respectively (see section 10 of the Acts Interpretation Act 1901 ).

covered by , in relation to an approved arrangement, has the meaning given by section 14.

damage , in relation to data, includes damage by erasure of data or addition of « other » data.

declaration disease or pest , in relation to a biosecurity emergency declaration « and » a biosecurity emergency period, means the disease or pest specified under paragraph 443(3)(a) in the biosecurity emergency declaration that specifies the biosecurity emergency period.

declaration listed human disease , in relation to a human biosecurity emergency declaration « and » a human biosecurity emergency period, means the listed human disease specified under paragraph 475(3)(a) in the human biosecurity emergency declaration that specifies the human biosecurity emergency period.

de facto partner has the meaning given by the Acts Interpretation Act 1901 .

destination part of Australian territory has the meaning given by subsection 618(2).

Director of Biosecurity means the Director of Biosecurity referred to in section 540.

Director of Human Biosecurity means the Director of Human Biosecurity referred to in subsection 544(1).

disease means:

                     (a)  the signs or symptoms of an illness or infection caused by a disease agent; or

                     (b)  a collection of signs or symptoms that is clinically defined, for which the causal agent is unknown; or

                     (c)  a disease agent that has the potential to cause, either directly or indirectly, an illness or infection.

disease agent includes, but is not limited to, a microorganism, an infectious agent « and » a parasite.

enactment means:

                     (a)  an Act of the Commonwealth, a State or a Territory; or

                     (b)  an instrument (including rules, regulations « and » by-laws) made under an Act of the Commonwealth, a State or a Territory.

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

entry warrant means any of the following warrants authorising entry to premises:

                     (a)  a biosecurity risk assessment warrant;

                     (b)  a biosecurity control order warrant;

                     (c)  a biosecurity response zone warrant;

                     (d)  a biosecurity monitoring zone warrant;

                     (e)  an adjacent premises warrant.

environment includes:

                     (a)  ecosystems « and » their constituent parts; « and »

                     (b)  natural « and » physical resources.

evidential burden , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

exit provisions has the meaning given by subsection 619(2).

exposed conveyance means an exposed conveyance within the meaning of subsection 192(2) or (3).

exposed goods has the meaning given by subsection 158(3).

exposed goods order means an order made under subsection 159(3).

exposed to has the meaning given by section 17.

Federal Circuit Court means the Federal Circuit Court of Australia.

Federal Court means the Federal Court of Australia.

fee-bearing activities has the meaning given by subsection 592(1).

first point of entry has the meaning given by section 18.

Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges « and » Immunities Act 1967 .

foreign vessel means a vessel that is not an Australian vessel.

goods has the meaning given by section 19.

harbour means a natural or artificial harbour, « and » includes:

                     (a)  a navigable estuary, river, creek or channel; « and »

                     (b)  a haven, roadstead, dock, pier or jetty; « and »

                     (c)  any « other » place in or at which vessels can obtain shelter or load « and » unload goods or embark « and » disembark passengers.

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the National Health Act 1953 .

Health Secretary means the Secretary of the Health Department.

high-value conveyance means a conveyance of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.

high-value goods means goods of a value that is greater than the amount prescribed by the regulations for the purposes of this definition.

human biosecurity control order means an order imposed on an individual under section 60.

human biosecurity emergency means a human biosecurity emergency that is declared to exist under subsection 475(1).

human biosecurity emergency declaration means a declaration made under subsection 475(1).

human biosecurity emergency period means the period specified under paragraph 475(3)(c) in a human biosecurity emergency declaration as the period during which the declaration is in force.

human biosecurity officer means a person who is authorised under section 563 to be a human biosecurity officer under this Act.

human disease means a disease that has the potential:

                     (a)  to enter Australian territory or a part of Australian territory, or to emerge, establish itself or spread in Australian territory or a part of Australian territory; « and »

                     (b)  to cause harm to human health.

human health response zone has the meaning given by section 113.

human health risk means:

                     (a)  the likelihood of a disease or pest:

                              (i)  entering Australian territory or a part of Australian territory; or

                             (ii)  emerging, establishing itself or spreading in Australian territory or a part of Australian territory; « and »

                     (b)  the potential for either of the following:

                              (i)  the disease or pest to cause harm to human health;

                             (ii)  economic consequences associated with the entry, emergence, establishment or spread of the disease or pest, to the extent that the disease or pest has the potential to cause harm to human health.

human remains means the remains of all or any part of a deceased human’s body, « other » than the cremated remains of a deceased human’s body.

Immigration Department means the Department administered by the Minister administering the Migration Act 1958 .

import , in relation to goods, does not include unloading the goods for temporary purposes only (for example, to unload « other » goods).

incoming aircraft or vessel means an aircraft or vessel:

                     (a)  that has entered Australian territory during a flight or voyage that commenced outside Australian territory; « and »

                     (b)  that intends to arrive, or has arrived, at a landing place or port in Australian territory in accordance with Part 4 of Chapter 4 (managing biosecurity risks: conveyances).

incoming passenger aircraft or vessel means an incoming aircraft or vessel that is a passenger aircraft or a passenger vessel.

Inspector-General means the Inspector-General of Biosecurity appointed under section 566A.

installation has the meaning given by section 20.

internal waters of Australia has the same meaning as in section 10 of the Seas « and » Submerged Lands Act 1973 « and » , to avoid doubt, includes waters within the limits of a State.

International Health Regulations means the International Health Regulations (2005), done at Geneva on 23 May 2005, as in force for Australia from time to time.

Note:          The Regulations are in Australian Treaty Series 2007 No.  29 ([2007] ATS 29) « and » could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

international mail centre means a place approved by the Chief Executive Officer of Customs under paragraph (f) of the definition of Customs place in subsection 183UA(1) of the Customs Act 1901 .

invasive pest means a pest that:

                     (a)  is an alien species (within the meaning of the Biodiversity Convention); but

                     (b)  is not capable of:

                              (i)  infesting humans, animals or plants; or

                             (ii)  acting as a vector for a disease; or

                            (iii)  causing disease in any « other » way.

investigation warrant means:

                     (a)  a warrant issued under section 70 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1); or

                     (b)  a warrant signed by an issuing officer under section 71 of the Regulatory Powers Act as it applies in relation to evidential material that relates to a provision mentioned in subsection 484(1).

isolation measure means the biosecurity measure included in a human biosecurity control order under section 97.

issuing officer means:

                     (a)  a magistrate; or

                     (b)  a Judge of a court of a State or Territory; or

                     (c)  a Judge of the Federal Court or the Federal Circuit Court.

Note:          For conferral of powers on an issuing officer, see section 537.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

landing place , in relation to an aircraft, means any place where the aircraft can land, including:

                     (a)  an area of land or water; « and »

                     (b)  an area on a building or a vessel.

late payment fee has the meaning given by section 595.

listed human disease has the meaning given by section 42.

managed for discharge , in relation to ballast water, has the meaning given by sections 272 « and » 275.

medical facility includes a facility (whether permanent or temporary) where medical assessments of individuals are conducted.

monitoring warrant means a warrant issued under section 32 of the Regulatory Powers Act as it applies in relation to this Act.

National Focal Point has the meaning given by section 9 of the National Health Security Act 2007 .

national response agency means:

                     (a)  the Agriculture Department « and » all biosecurity officers « and » biosecurity enforcement officers; or

                     (b)  a body declared under section 452 to be a national response agency.

officer of Customs has the same meaning as in the Customs Act 1901 .

operator of a conveyance has the meaning given by section 21.

origin part of Australian territory has the meaning given by subsection 618(2).

outgoing aircraft or vessel means an aircraft or vessel that intends to leave Australian territory from a landing place or port in Australian territory.

outgoing passenger aircraft or vessel means an outgoing aircraft or vessel that is a passenger aircraft or a passenger vessel.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

passenger of an aircraft or vessel means a person who is lawfully entitled to be on board the aircraft or vessel, « other » than a person who is on board the aircraft or vessel for the purpose of performing functions as the person in charge or as a member of the crew of the aircraft or vessel.

passenger aircraft means an aircraft that has the capacity to carry 6 or more passengers.

passenger vessel means a vessel that has the capacity to carry 12 or more passengers.

permanent biosecurity monitoring zone has the meaning given by section 378.

permissible distance means 400 metres or such greater distance as is prescribed by regulations for the purposes of this definition.

permissible purpose means a purpose of promoting the objects of this Act.

« personal » information has the same meaning as in the Privacy Act 1988 .

person assisting has the meaning given by section 536.

person in charge has the meaning given by section 22.

person responsible for a conveyance means:

                     (a)  the owner of the conveyance; or

                     (b)  the person in charge of the conveyance; or

                     (c)  the operator of the conveyance.

pest means a species, strain or biotype of a plant or animal, or a disease agent, that has the potential to cause, either directly or indirectly, harm to:

                     (a)  human, animal or plant health; or

                     (b)  the environment.

Note:          For the application of this Act in relation to pests, see sections 25 « and » 26.

plant includes a dead plant « and » any part of a plant.

port includes a harbour.

possession warrant means a premises possession warrant or a conveyance possession warrant authorising the taking of possession of premises or a conveyance.

PPSA security interest means a security interest within the meaning of the « Personal » « Property » « Securities » Act 2009 « and » to which that Act applies, « other » than a transitional security interest within the meaning of that Act.

Note 1:       The « Personal » « Property » « Securities » Act 2009 applies to certain security interests in « personal » « property » . See the following provisions of that Act:

(a)    section 8 (interests to which the Act does not apply);

(b)    section 12 (meaning of security interest );

(c)    Chapter 9 (transitional provisions).

Note 2:       For the meaning of transitional security interest , see section 308 of the « Personal » « Property » « Securities » Act 2009 .

premises includes the following:

                     (a)  a structure, building or conveyance;

                     (b)  a place (whether or not enclosed or built on), including a place situated underground or under water;

                     (c)  a part of a thing referred to in paragraph (a) or (b).

Note:          Premises does not include a conveyance in certain parts of this Act (see sections 252, 472 « and » 497).

premises possession warrant means a warrant issued as a result of the test in item 7 of the table in section 489 being met.

prescribed contact information means:

                     (a)  in relation to section 47—the contact information prescribed by the regulations for the purposes of that section; « and »

                     (b)  in relation to section 69—the contact information prescribed by the regulations for the purposes of that section; « and »

                     (c)  in relation to section 85—the contact information prescribed by the regulations for the purposes of that section.

prescribed quarantine signal means the signal prescribed for the purposes of subsection 221(2).

prohibited goods has the meaning given by subsection 173(2).

protected information means « personal » information, or information that is commercial-in-confidence, that:

                     (a)  is obtained under, or in accordance with, this Act; or

                     (b)  is derived from a record of « personal » information, or information that is commercial-in-confidence, that was made under, or in accordance with, this Act; or

                     (c)  is derived from a disclosure or use of « personal » information, or information that is commercial-in-confidence, that was made under, or in accordance with, this Act.

Note:          For the meaning of commercial-in-confidence , see section 15.

protected person has the meaning given by subsection 644(6).

protected zone has the meaning given by section 617.

protected zone area has the meaning given by section 617.

protected zone vessel has the meaning given by section 617.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014 .

related provision means the following:

                     (a)  a provision of this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential « Amendments » « and » Transitional Provisions) Act 2015 ) that creates an offence;

                     (b)  a civil penalty provision of this Act;

                     (c)  a provision of the Crimes Act 1914 or the Criminal Code that relates to this Act or the Quarantine Act 1908 (as it applied of its own force or to the extent that it continues to apply because of the Biosecurity (Consequential « Amendments » « and » Transitional Provisions) Act 2015 ) « and » creates an offence.

release from biosecurity control :

                     (a)  in relation to goods that are subject to biosecurity control—means release from biosecurity control under section 162; « and »

                     (b)  in relation to a conveyance that is subject to biosecurity control—means release from biosecurity control under section 218.

relevant court means:

                     (a)  the Federal Court; or

                     (b)  the Federal Circuit Court; or

                     (c)  a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

relevant Director , in relation to an approved arrangement or a proposed approved arrangement, means:

                     (a)  if the arrangement provides for biosecurity activities to be carried out relating only to human health risks—the Director of Human Biosecurity; or

                     (b)  in any « other » case—the Director of Biosecurity.

relevant person for a reviewable decision means:

                     (a)  for a reviewable decision referred to in column 1 of the table in subsection 574(1)—the person referred to in column 3 of that table in relation to that decision; « and »

                     (b)  for a reviewable decision prescribed under regulations made for the purposes of subsection 574(2)—the person specified by the regulations as the relevant person for that decision.

relevant premises has the meaning given by section 510.

reportable biosecurity incident :

                     (a)  in relation to goods that are subject to biosecurity control—means an act, omission or event that is determined to be a reportable biosecurity incident under section 154; « and »

                     (b)  in relation to an approved arrangement—has the meaning given by subsection 431(1).

reviewable decision has the meaning given by subsections 574(1) « and » (2).

sanitation health risk has the meaning prescribed for the purposes of paragraph 255(1)(a).

sediment has the same meaning as Sediments has in the Ballast Water Convention.

sediment reception facility means a facility in Australian territory for receiving sediment from vessels for treatment or disposal in a way authorised under:

                     (a)  a law of the Commonwealth; or

                     (b)  if the facility is in a State or Territory—a law of the State or Territory.

ship’s pilot , in relation to a vessel, means a person who does not belong to, but has the conduct of, the vessel.

SPS Agreement means the Agreement on the Application of Sanitary « and » Phytosanitary Measures set out in Annex 1A to the World Trade Organization Agreement, as in force for Australia from time to time.

State or Territory body includes a Department of State, or an authority, of a State or Territory.

subject to biosecurity control :

                     (a)  in relation to goods—means subject to biosecurity control because of subsection 119(2) or (4); « and »

                     (b)  in relation to a conveyance—means subject to biosecurity control because of subsection 191(2) or (4) or 192(2), (3) or (5).

survey authority means a person authorised by the Director of Biosecurity under section 289 to be a survey authority.

suspended goods has the meaning given by subsection 182(2).

tank includes space or compartment.

temporary biosecurity monitoring zone has the meaning given by subsection 384(1).

temporary biosecurity monitoring zone determination means a determination made under subsection 384(1).

this Act includes:

                     (a)  instruments made under this Act; « and »

                     (b)  the Regulatory Powers Act as it applies in relation to this Act.

Torres Strait Treaty has the meaning given by section 617.

traditional activities has the meaning given by section 617.

traditional inhabitant has the meaning given by section 617.

traveller movement measure means the biosecurity measure included in a human biosecurity control order under section 96.

unduly detained or delayed has the same meaning as in the Ballast Water Convention.

United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, as in force for Australia from time to time.

Note:          The Convention is in Australian Treaty Series 1994 No.  31 ([1994] ATS 31) « and » could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

vessel :

                     (a)  means any kind of vessel used in navigation by water, however propelled or moved, including the following:

                              (i)  a barge, lighter or « other » floating craft;

                             (ii)  an air-cushion vehicle, or « other » similar craft, used wholly or primarily in navigation by water; « and »

                     (b)  includes:

                              (i)  an installation; « and »

                             (ii)  any floating structure.

Note:          A reference (except in Chapter 5 (ballast water « and » sediment) « and » any related provision) to a vessel does not include a reference to a vessel brought or imported into Australian territory from outside Australian territory on board another conveyance until the vessel is released from biosecurity control (see subsection 16(4)).

warrant means:

                     (a)  a warrant issued under section 488; or

                     (b)  a warrant signed by an issuing officer under section 492; or

                     (c)  an investigation warrant; or

                     (d)  a monitoring warrant.

World Trade Organization Agreement means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Note:          The Agreement is in Australian Treaty Series 1995 No.  8 ([1995] ATS 8) « and » could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

10   Meaning of approved arrangement

                   An approved arrangement is an arrangement for which an approval is in force under paragraph 406(1)(a) (including a varied arrangement for which an approval is in force under that paragraph as it applies because of subsection 412(3)).

11   Meaning of associate

             (1)  Associate of a person (the first person ) includes each of the following:

                     (a)  a person who is or was a consultant, adviser, partner, representative on retainer, employer or employee of:

                              (i)  the first person; or

                             (ii)  any corporation of which the first person is an officer or employee or in which the first person holds shares;

                     (b)  a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of the first person;

                     (c)  a child, parent, grandparent, grandchild, sibling, aunt, uncle, niece, nephew or cousin of a spouse or de facto partner of the first person;

                     (d)  any « other » person not mentioned in paragraph (a), (b) or (c) who is or was:

                              (i)  directly or indirectly concerned in; or

                             (ii)  in a position to control or influence the conduct of;

                            a business or undertaking of:

                            (iii)  the first person; or

                            (iv)  a corporation of which the first person is an officer or employee, or in which the first person holds shares;

                     (e)  a corporation:

                              (i)  of which the first person, or any of the « other » persons mentioned in paragraphs (a), (b), (c) « and » (d), is an officer or employee; or

                             (ii)  in which the first person, or any of those « other » persons, holds shares;

                      (f)  if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the « Corporations » Act 2001 ) of the first person.

             (2)  Without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person:

                     (a)  a stepchild or adopted child of the person;

                     (b)  someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;

                     (c)  someone is a child of the person within the meaning of the Family Law Act 1975 .

             (3)  Without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in subsection (2).

             (4)  For the purposes of this section, if one person is the child of another person because of the definition of child in subsection (2), relationships traced to or through that person are to be determined on the basis that the person is the child of the « other » person.

12   Meaning of Australian territory

                   A reference in a provision of this Act to Australian territory is a reference to:

                     (a)  Australia, Christmas Island, Cocos (Keeling) Islands « and » any external Territory to which that provision extends; « and »

                     (b)  the airspace over an area covered by paragraph (a); « and »

                     (c)  the coastal sea of Australia, of Christmas Island, of Cocos (Keeling) Islands « and » of any « other » external Territory to which that provision extends.

Note 1:       Under subsection 7(2), the regulations may extend this Act, or any provisions of this Act, to external Territories.

Note 2:       The definition of coastal sea of Australia or an external Territory in subsection 15B(4) of the Acts Interpretation Act 1901 includes the airspace over Australia or the external Territory.

13   Meaning of biosecurity entry point

Biosecurity entry point for an aircraft

             (1)  A biosecurity entry point for an aircraft that is subject to biosecurity control is an area of a landing place that is designated, under paragraph 224(a), as a biosecurity entry point for that aircraft or a class of aircraft that includes that aircraft.

Biosecurity entry point for a vessel

             (2)  A biosecurity entry point for a vessel that is subject to biosecurity control is an area of a port that is designated, under paragraph 230(a), as a biosecurity entry point for that vessel or a class of vessels that includes that vessel.

Biosecurity entry point for goods

             (3)  A biosecurity entry point for goods that are subject to biosecurity control, or exposed goods in relation to which a biosecurity control order is in force, is:

                     (a)  an area of a landing place that is designated, under paragraph 224(b), as a biosecurity entry point for those goods or a class of goods that includes those goods; or

                     (b)  an area of a port that is designated, under paragraph 230(b), as a biosecurity entry point for those goods or a class of goods that includes those goods.

14   Meaning of biosecurity industry participant « and » covered by

                   A person who is the holder of the approval of an approved arrangement (including a person to whom an approved arrangement has been transferred in the circumstances prescribed by regulations made for the purposes of section 411):

                     (a)  is a biosecurity industry participant ; « and »

                     (b)  is covered by the approved arrangement.

Note:          If an approved arrangement is revoked under Part 5 of Chapter 7 (approved arrangements), then, for the purposes of this Act, the arrangement ceases to be an approved arrangement « and » the person who held the approval of the arrangement ceases to be a biosecurity industry participant covered by the arrangement.

15   Meaning of commercial-in-confidence

                   Information is commercial-in-confidence if a person demonstrates to the Director of Biosecurity that:

                     (a)  release of the information would cause competitive detriment to the person; « and »

                     (b)  the information is not in the public domain; « and »

                     (c)  the information is not required to be disclosed under another Australian law; « and »

                     (d)  the information is not readily discoverable.

16   Meaning of conveyance

             (1)  Conveyance means any of the following:

                     (a)  an aircraft;

                     (b)  a vessel;

                     (c)  a vehicle;

                     (d)  a train (including railway rolling stock);

                     (e)  any « other » means of transport prescribed by the regulations.

             (2)  However, a reference in this Act to a conveyance does not include a conveyance while it is goods because of subsection 19(2). This subsection does not apply to a reference in:

                     (a)  Part 3 of Chapter 11 (cost recovery); or

                     (b)  another provision of this Act to the extent that it relates to that Part.

Note:          Subsection 19(2) provides that a conveyance (the carried conveyance ) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods until immediately after the carried conveyance is released from biosecurity control.

             (3)  A reference in this Act to an aircraft does not include an aircraft while it is goods because of subsection 19(2).

             (4)  A reference in this Act to a vessel does not include a reference to a vessel while it is goods because of subsection 19(2). This subsection does not apply to a reference in:

                     (a)  Chapter 5 (ballast water « and » sediment); or

                     (b)  another provision of this Act to the extent that it relates to that Chapter.

Note:          An example of a vessel that is goods because of subsection 19(2) is a lifeboat on another vessel.

17   Meaning of exposed to

             (1)  A person or thing is taken to have been exposed to another person or thing if the first-mentioned person or thing has been, or is likely to have been:

                     (a)  in physical contact with; or

                     (b)  in close proximity to; or

                     (c)  exposed to contamination, infestation or infection from;

the « other » person or thing.

             (2)  In this section:

thing includes goods, a conveyance « and » premises.

18   Meaning of first point of entry

First point of entry for an aircraft

             (1)  A first point of entry for an aircraft that is subject to biosecurity control is a landing place that is determined, under paragraph 223(1)(a), to be a first point of entry for that aircraft or a class of aircraft that includes that aircraft.

First point of entry for a vessel

             (2)  A first point of entry for a vessel that is subject to biosecurity control is a port that is determined, under paragraph 229(1)(a), to be a first point of entry for that vessel or a class of vessels that includes that vessel.

First point of entry for goods

             (3)  A first point of entry for goods that are subject to biosecurity control, or exposed goods in relation to which an exposed goods order is in force, is:

                     (a)  a landing place that is determined, under paragraph 223(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods; or

                     (b)  a port that is determined, under paragraph 229(1)(b), to be a first point of entry for those goods or a class of goods that includes those goods.

19   Meaning of goods

             (1)  Goods includes the following:

                     (a)  an animal;

                     (b)  a plant (whether moveable or not);

                     (c)  a sample or specimen of a disease agent;

                     (d)  a pest;

                     (e)  mail;

                      (f)  any « other » article, substance or thing (including, but not limited to, any kind of moveable « property » ).

             (2)  For the purposes of this Act, except Part 3 of Chapter 11 (cost recovery), a conveyance (the carried conveyance ) that is, or is to be, brought or imported into Australian territory from outside Australian territory on board another conveyance is goods from the time the carried conveyance is first intended to be so brought or imported until immediately after the carried conveyance is released from biosecurity control.

Note:          Conveyances that would be goods under this subsection include, for example, a lifeboat being carried on a vessel « and » an aircraft or vehicle brought into Australian territory as cargo on a vessel.

             (3)  For the purposes of Parts 1 « and » 3 of Chapter 3, « and » any « other » provision of this Act to the extent that it relates to either of those Parts, the carried conveyance continues to be goods after it is released from biosecurity control.

Note:          This ensures that:

(a)    a notice releasing the carried conveyance from biosecurity control can be revoked under section 164; « and »

(b)    provisions of those Parts relating to goods can still be enforced in relation to the carried conveyance after it is released from biosecurity control.

             (4)  However, goods does not include:

                     (a)  ballast water; or

                     (b)  human remains; or

                     (c)  except to the extent provided in subsection (2) or (3), a conveyance.

20   Meaning of installation

                   An installation is a structure that:

                     (a)  is able:

                              (i)  to float or to be floated; « and »

                             (ii)  to move, or to be moved, as an entity from one place to another; « and »

                     (b)  is, or is to be, used wholly or principally in:

                              (i)  exploring or exploiting natural resources (such as fish or minerals) with equipment on, or forming part of, the structure; or

                             (ii)  operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i) of this paragraph; « and »

                     (c)  either:

                              (i)  is attached to, or resting on, the seabed; or

                             (ii)  is attached semipermanently or permanently to a structure that is attached to, or resting on, the seabed.

Note:          An installation is a vessel for the purposes of this Act (see paragraph (b) of the definition of vessel in section 9).

21   Meaning of operator of a conveyance

             (1)  Subject to subsection (2), the operator of a conveyance is:

                     (a)  if there is a body corporate or an unincorporated body responsible for the operation of the conveyance—that body; « and »

                     (b)  in any « other » case—the person in charge of the conveyance.

             (2)  In Chapter 5 (ballast water), « and » any « other » provision of this Act to the extent that it relates to that Chapter, the operator of a vessel has the same meaning as Company has in the Annex to the Ballast Water Convention.

22   Meaning of person in charge

             (1)  Person in charge of goods:

                     (a)  means:

                              (i)  the owner of the goods; or

                             (ii)  a person ( « other » than a biosecurity officer or a biosecurity enforcement officer) who is in possession or control of the goods; « and »

                     (b)  includes a biosecurity industry participant who is in possession or control of the goods as authorised by an approved arrangement covering the biosecurity industry participant.

Note:          Person in charge of goods does not include a biosecurity industry participant in certain provisions of this Act (see subsections 134(7), 336(6), 626(5) « and » 628(7)).

             (2)  Person in charge of a conveyance means the person in charge or command of the conveyance, but does not include a ship’s pilot.

Note:          A conveyance includes an aircraft « and a vessel (see subsection 16(1)).