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Biosecurity Bill 2014

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2013-2014-2015

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Biosecurity Bill 2014

 

 

(1)     Clause 9, page 19 (after line 30), after the definition of incoming passenger aircraft or vessel , insert:

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

[Inspector-General of Biosecurity]

(2)     Clause 9, page 22 (after line 5), after the definition of outgoing passenger aircraft or vessel , insert:

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

[Inspector-General of Biosecurity]

(3)     Clause 539, page 531 (line 13), omit “reviews by the Agriculture Minister”, substitute “the Inspector-General of Biosecurity and reviews by him or her”.

[Inspector-General of Biosecurity]

(4)     Part  6 , clauses  567 to 568 , page 557 (line 1) to page 558 (line 13) , omit the Part, substitute:

Part 6 Inspector-General of Biosecurity

Division 1 Inspector-General of Biosecurity

566A   Inspector-General of Biosecurity

             (1)  There is to be an Inspector-General of Biosecurity.

Appointment

             (2)  The Inspector-General is to be appointed by the Agriculture Minister by written instrument.

Note:          The Inspector-General may be reappointed, subject to subsection 566B(2): see section 33AA of the Acts Interpretation Act 1901 .

             (3)  The Inspector-General may be appointed on a full-time or part-time basis.

566B   Term of office

             (1)  The Inspector-General holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

             (2)  The Inspector-General must not hold office for a total of more than 10 years.

566C   Remuneration

             (1)  The Inspector-General is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed under subsection (4).

             (2)  The Inspector-General is to be paid the allowances that are prescribed under subsection (4).

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

             (4)  The Agriculture Minister may, by legislative instrument, prescribe:

                     (a)  remuneration for the purposes of subsection (1); and

                     (b)  allowances for the purposes of subsection (2).

566D   Leave of absence for full-time Inspector-General

             (1)  If the Inspector-General is appointed on a full-time basis, he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  If the Inspector-General is appointed on a full-time basis, the Agriculture Minister may grant the Inspector-General leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Agriculture Minister determines.

566E   Engaging in other paid employment

Full-time Inspector-General

             (1)  If the Inspector-General is appointed on a full-time basis, he or she must not engage in paid work outside the duties of his or her office without the Minister’s approval.

Part-time Inspector-General

             (2)  If the Inspector-General is appointed on a part-time basis, he or she must not engage in any paid work that conflicts or may conflict with the proper performance of his or her duties.

566F   Other terms and conditions

                   The Inspector-General holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Agriculture Minister.

566G   Resignation

             (1)  The Inspector-General may resign his or her appointment by giving the Agriculture Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Agriculture Minister or, if a later day is specified in the resignation, on that later day.

566H   Termination of appointment

             (1)  The Agriculture Minister may terminate the appointment of the Inspector-General:

                     (a)  for misbehaviour; or

                     (b)  if the Inspector-General is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Agriculture Minister may terminate the appointment of the Inspector-General if:

                     (a)  the Inspector-General:

                              (i)  becomes bankrupt; or

                             (ii)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with one or more of his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

                     (b)  if the Inspector-General is appointed on a full-time basis—he or she is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  if the Inspector-General is appointed on a full-time basis—he or she engages, except with the Agriculture Minister’s approval, in paid work outside the duties of his or her office (see subsection 566E(1)); or

                     (d)  if the Inspector-General is appointed on a part-time basis—he or she engages in paid work that conflicts or may conflict with the proper performance of his or her duties (see subsection 566E(2)); or

                     (e)  the Inspector-General fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

566J   Acting appointments

                   The Agriculture Minister may, by written instrument, appoint a person to act as the Inspector-General:

                     (a)  during a vacancy in the office of Inspector-General (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Inspector-General:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901 .

Division 2 Reviews by the Inspector-General

567   Inspector-General may review administration of provisions

             (1)  The Inspector-General may review the performance of functions, or exercise of powers, by biosecurity officials under one or more provisions of this Act.

Note:          A review under this section is different from a review of a reviewable decision under Part 1 of Chapter 11. Although this section lets the Inspector-General review an exercise of power under a provision of this Act that may involve a reviewable decision, the Inspector-General cannot affirm, vary or set aside the decision.

             (2)  Subsection (1) does not permit the Inspector-General to review only a single performance of a function, or a single exercise of a power, by a single biosecurity official.

Note:          A review under this section must be more general.

Report on review

             (3)  The Inspector-General must publish a report on each review he or she conducts under this section.

Regulations may deal with reviews and reports

             (4)  The regulations may make provision for or in relation to:

                     (a)  the process to be followed in conducting a review under this section; and

                     (b)  the content of reports of reviews conducted under this section.

568   Inspector-General may require information etc. for review

             (1)  The Inspector-General may, by written notice given to a person who the Inspector-General believes on reasonable grounds has information or documents relevant to a review under section 567, require the person to:

                     (a)  answer questions, or give information in writing, about the relevant information or documents by the time specified in the notice; or

                     (b)  produce the documents to the Inspector-General by the time specified in the notice.

Note 1:       A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

             (2)  The time specified in the notice must be at least 14 days after the notice is given.

Civil penalty provision

             (3)  A person who is required to answer questions, give information in writing or produce documents under subsection (1) must comply with the requirement.

Civil penalty:          30 penalty units.

Copying documents produced

             (4)  The Inspector-General:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (1); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

[Inspector-General of Biosecurity]

(5)     Clause  643 , page 631 (lines 6 to 19) , omit subclauses ( 4 ) and ( 5 ).

[Inspector-General of Biosecurity]

(6)     Clause  644 , page 633 (after line 12) , after paragraph ( 6 )( d ), insert:

                   (da)  the Inspector-General;

[Inspector-General of Biosecurity]

(7)     Clause  644 , page 633 (line 21) , omit “ 637; ”, substitute “ 637. ”.

[Inspector-General of Biosecurity]

(8)     Clause  644 , page 633 (lines 22 to 24) , omit paragraph ( 6 )( l ).

[Inspector-General of Biosecurity]