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Biosecurity Bill 2014

Part 5 Ship sanitation

Division 1 Introduction

253   Simplified outline of this Part

This Part provides for the regulations to prescribe a scheme to give effect to Australia’s rights and obligations in relation to ship sanitation for the purposes of the International Health Regulations.

Division 2 Ship sanitation

254   Application of this Division

                   This Division applies in relation to vessels that are in Australian territory and that:

                     (a)  have entered Australian territory during a voyage that commenced outside Australian territory; or

                     (b)  intend to leave Australian territory.

255   Regulations may prescribe scheme in relation to ship sanitation

             (1)  The regulations may prescribe a scheme providing for the following:

                     (a)  the meaning of sanitation health risk ;

                     (b)  determining the level of sanitation health risk associated with a vessel;

                     (c)  the circumstances in which the level of sanitation health risk associated with a vessel is unacceptable;

                     (d)  certificates (to be called ship sanitation certificates) to be issued in relation to the level of sanitation health risk associated with a vessel;

                     (e)  recognising such certificates issued by, or on behalf of, competent authorities;

                      (f)  the circumstances in which a vessel in a port declared under section 256 may, at the request of the operator of the vessel, be inspected for the purposes of the scheme;

                     (g)  measures that the operator of a vessel may take to manage sanitation health risks associated with the vessel for the purposes of certification under the scheme;

                     (h)  the circumstances in which section 257 (assessing and managing sanitation health risks) applies to a vessel in a port in Australian territory;

                      (i)  without limiting section 580, disclosing information obtained under the scheme to any of the following:

                              (i)  a Commonwealth body;

                             (ii)  a State or Territory body;

                            (iii)  a biosecurity industry participant;

                            (iv)  a competent authority;

                      (j)  classes of vessels to which the scheme does not apply.

Note:          The regulations may prescribe decisions made under the scheme that are reviewable decisions (see subsection 574(2)).

             (2)  Without limiting subsection (1), the scheme may provide for the following matters in relation to the certificates referred to in paragraphs (1)(d) and (e):

                     (a)  extending the period for which a certificate remains in force;

                     (b)  who may issue or extend a certificate;

                     (c)  the form and content of a certificate;

                     (d)  making notes on a certificate.

Giving effect to International Health Regulations

             (3)  The scheme must be appropriate and adapted to give effect to Australia’s rights and obligations in relation to ship sanitation under the International Health Regulations.

256   Declaring ports at which vessels may be inspected for the purposes of the scheme

             (1)  The Director of Human Biosecurity may declare that a port in Australian territory is a port at which a vessel may be inspected for the purposes of the scheme referred to in subsection 255(1).

             (2)  The Director of Human Biosecurity must consult the Director of Biosecurity before making a declaration under subsection (1).

             (3)  A declaration made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the declaration.

257   Assessing and managing sanitation health risks

             (1)  This section applies to a vessel in a port in Australian territory in the circumstances provided for by the scheme under paragraph 255(1)(h).

             (2)  The following provisions of this Act (the applied provisions ) apply in relation to the vessel, subject to the modifications set out in subsections (4) to (6), in the same way as those provisions apply in relation to a vessel that is subject to biosecurity control because of subsection 191(2):

                     (a)  Division 4 of Part 2 of this Chapter (assessment of level of biosecurity risk);

                     (b)  Division 5 of Part 2 of this Chapter (biosecurity measures to manage unacceptable level of biosecurity risk), other than the following provisions:

                              (i)  section 208 (to the extent that that section permits a biosecurity officer to require a conveyance to be treated in a manner that is likely to damage the conveyance);

                             (ii)  section 209 (treatment that may damage conveyance);

                            (iii)  section 210 (destruction of conveyance);

                     (c)  sections 552 to 557 (functions and powers of biosecurity officers and biosecurity enforcement officers);

                     (d)  sections 629 and 630 (abandoned and forfeited conveyances);

                     (e)  any other provision of this Act to the extent that it relates to the provisions applied by paragraphs (a) to (d).

             (3)  The application of the applied provisions under this section is in addition to, and does not limit, any application that the applied provisions would otherwise have in relation to the vessel.

Modifications of the applied provisions

             (4)  A reference in the applied provisions to the level of biosecurity risk associated with the vessel is taken to be a reference to the level of sanitation health risk associated with the vessel.

             (5)  A reference in the applied provisions to biosecurity measures is taken to be a reference to measures to manage sanitation health risks.

             (6)  A reference in the applied provisions to a biosecurity officer is taken to include a reference to a human biosecurity officer, and a reference to the Director of Biosecurity is taken to include a reference to the Director of Human Biosecurity.