14A  Meaning of biosecurity worker

             (1)  A biosecurity worker is:

                     (a)  an APS employee in the Agriculture Department or Health Department; or

                     (b)  a person who is an employee of an Agency (within the meaning of the Public Service Act 1999) and whose services are made available to the Agriculture Department or Health Department; or

                     (c)  a person who is:

                              (i)  engaged as a consultant or contractor to perform services for the Agriculture Department or Health Department; and

                             (ii)  specified in a determination under subsection (2); or

                     (d)  a person who is:

                              (i)  engaged or employed by a person to whom paragraph (c) or this paragraph applies; and

                             (ii)  performing services for the Agriculture Department or Health Department in connection with that engagement or employment; and

                            (iii)  specified in a determination under subsection (3).

             (2)  The Agriculture Secretary or Health Secretary may, by written determination, specify a person for the purposes of subparagraph (1)(c)(ii).

             (3)  The Agriculture Secretary or Health Secretary may, by written determination, specify a person for the purposes of subparagraph (1)(d)(iii).

             (4)  A determination under subsection (2) or (3) is not a legislative instrument.

4  Subsection 173(4)

Repeal the subsection, substitute:

             (4)  Before a determination under subsection (1) is made:

                     (a)  a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

                     (b)  the Director of Biosecurity:

                              (i)  must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

                             (ii)  must consider the risk assessment; and

                            (iii)  may also consider any other matters that the Director considers relevant; and

                     (c)  the Director of Human Biosecurity:

                              (i)  must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

                             (ii)  must consider the risk assessment; and

                            (iii)  may also consider any other matters that the Director considers relevant.

5  Subsection 174(3)

Repeal the subsection, substitute:

             (3)  Before a determination under subsection (1) is made:

                     (a)  a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

                     (b)  the Director of Biosecurity:

                              (i)  must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

                             (ii)  must consider the risk assessment; and

                            (iii)  may also consider any other matters that the Director considers relevant; and

                     (c)  the Director of Human Biosecurity:

                              (i)  must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

                             (ii)  must consider the risk assessment; and

                            (iii)  may also consider any other matters that the Director considers relevant.

6  After subsection 179(1)

Insert:

          (1A)  Before granting the permit in relation to the goods:

                     (a)  a risk assessment must be conducted in relation to the goods by a biosecurity worker; and

                     (b)  the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.

7  Before paragraph 179(2)(a)

Insert:

                    (aa)  the risk assessment that was conducted in relation to the goods; and

8  Subsection 179(3)

Repeal the subsection.

9  Subsection 182(4)

Repeal the subsection, substitute:

             (4)  Before a determination under subsection (1) is made:

                     (a)  a risk assessment must be conducted by a biosecurity worker in relation to the making of that determination; and

                     (b)  the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment; and

                     (c)  the Director of Biosecurity must consider the risk assessment; and

                     (d)  the Director of Biosecurity may also consider any other matters that the Director considers relevant.

10  Subsection 541(4) (note)

Omit “The Director of Biosecurity must apply the ALOP for Australia”, substitute “The ALOP for Australia must be applied”.

11  Subsection 541(4) (note)

Omit “179(3)”, substitute “179(1A)”.

12  Application provisions

(1)       The amendment of section 173 of the Biosecurity Act 2015 made by this Schedule applies in relation to a determination made under subsection 173(1) of that Act on or after the commencement of this item.

(2)       The amendment of section 174 of the Biosecurity Act 2015 made by this Schedule applies in relation to a determination made under subsection 174(1) of that Act on or after the commencement of this item.

(3)       The amendments of section 179 of the Biosecurity Act 2015 made by this Schedule apply in relation to an application for a permit made on or after the commencement of this item.

(4)       The amendment of section 182 of the Biosecurity Act 2015 made by this Schedule applies in relation to a determination made under subsection 182(1) of that Act on or after the commencement of this item.