Biosecurity Bill 2025 (SA)

South Australia Biosecurity Bill 2024 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.

Contents Part 1—Preliminary Division 1—Formal 1 Short title 2 Commencement Division 2—Interpretation and key concepts 3 Interpretation 4 Meaning of biosecurity event 5 Meaning of biosecurity impact 6 Meaning of biosecurity matter 7 Meaning of carrier 8 Meaning of dealing 9 Meaning of emergency 10 Meaning of pest 11 Meaning of suitable person 12 Meaning of reasonably practicable Division 3—Classification of matter and dealings 13 Prohibited matter 14 Prohibited and regulated dealings Division 4—Principles that apply to biosecurity duties 15 Duty not transferable 16 Person may have more than one duty 17 More than one person can have a duty 18 Duty to prevent, eliminate or minimise biosecurity risk Division 5—Extraterritorial application 19 Extraterritorial application Division 6—Status of Act 20 Interaction with other Acts 21 Act does not give rise to or affect civil causes of action Part 2—Objects 22 Objects Part 3—Administration Division 1—Chief Officers and deputies 23 Chief Officers 24 Deputy Chief Officers 25 Roles of Deputy Chief Officers Division 2—Authorised officers 26 Appointment of authorised officers 27 Identity cards 28 Use of assistants 29 Use of animals 30 Provision of assistance 31 Performance and exercise of functions and powers in emergency 32 Extraterritorial performance and exercise of functions and powers 33 Hindering etc persons engaged in the administration of Act Division 3—Authorised analysts 34 Authorised analysts Division 4—Statutory corporations 35 Establishment of statutory corporations by regulation 36 Dog Fence Board Division 5—Quarantine stations 37 Quarantine stations Division 6—Register 38 Register Division 7—Delegations 39 Delegations Part 4—Biosecurity duties, dealings and measures Division 1—General biosecurity duty 40 General biosecurity duty 41 Failure to comply with general biosecurity duty 42 Specified biosecurity requirements Division 2—Dealings 43 Prohibited matter 44 Prohibited dealings 45 Regulated dealings Division 3—Other requirements 46 Manifests 47 Biosecurity matter sold for propagation 48 Packaging and labelling for sale Division 4—Duty to notify biosecurity event 49 Biosecurity duty to notify biosecurity event 50 Failure to comply with biosecurity duty 51 Protection against self-incrimination Part 5—Registration scheme Division 1—Preliminary 52 Nature of biosecurity registration Division 2—Obtaining registration 53 Application for registration 54 Grant or refusal of biosecurity registration 55 Duration of biosecurity registration 56 Periodic fees and annual returns 57 Variation of biosecurity registration Division 3—Renewal of biosecurity registration 58 Renewal of biosecurity registration 59 Grant or refusal of renewal of biosecurity registration Division 4—Conditions of biosecurity registration 60 Conditions of biosecurity registration 61 Compliance with standards 62 Conditions requiring specified works or measures 63 Conditions imposing alternative arrangements 64 Conditions for insurance cover 65 Conditions requiring biosecurity audits 66 Conditions requiring financial assurances 67 Conditions for record keeping and the provision of information 68 Conditions to take effect later 69 Failure to comply with condition Division 5—Suspension, cancellation or surrender of biosecurity registration 70 Grounds for suspension or cancellation of biosecurity registration 71 Suspension of biosecurity registration 72 Cancellation of biosecurity registration 73 Surrender of biosecurity registration 74 Effect of suspension, cancellation or surrender Division 6—Identification codes 75 Identification codes Part 6—Biosecurity accreditation, auditing and certification—administration Division 1—Preliminary 76 Interpretation 77 Appointment policy for biosecurity auditors 78 Accreditation policy for biosecurity certifiers Division 2—Accreditation authorities 79 Accreditation authorities 80 Responsible accreditation authority Division 3—Applications 81 Applications 82 Grant or refusal of application 83 Scope of appointment or accreditation 84 Duration of relevant authorisation 85 Variation of relevant authorisation Division 4—Renewal of relevant authorisation 86 Applications to renew 87 Grant or refusal of renewal of relevant authorisation Division 5—Conditions of relevant authorisation 88 Conditions of relevant authorisation 89 Conditions of approval as accreditation authority 90 Conditions of appointment as a biosecurity auditor 91 Conditions of accreditation as a biosecurity certifier 92 Failure to comply with condition Division 6—Suspension, cancellation or surrender of relevant authorisation 93 Grounds for suspension or cancellation of relevant authorisation 94 Suspension of relevant authorisation 95 Cancellation of relevant authorisation 96 Immediate suspension in certain circumstances 97 Surrender of relevant authorisation 98 Effect of suspension, cancellation or surrender Part 7—Biosecurity audits and certification Division 1—Biosecurity audits Subdivision 1—Preliminary 99 Interpretation Subdivision 2—Authority to act 100 Biosecurity auditors 101 Approval of authorised officer to perform functions of biosecurity auditor 102 Entry to premises by biosecurity auditor 103 Use of assistants Subdivision 3—Biosecurity audits generally 104 Biosecurity audits 105 Biosecurity audit mandatory in certain circumstances 106 Reporting requirements 107 Biosecurity auditor to provide immediate report in certain circumstances Subdivision 4—Accreditation audits 108 Accreditation audits 109 Imposition of requirement to perform accreditation audit 110 Engagement of auditor 111 Functions of biosecurity auditors - accreditation audits 112 Recovery of fee for accreditation audits 113 Use of biosecurity audits Subdivision 5—Compliance audits 114 Compliance audits 115 Imposition of requirement to perform compliance audit 116 Decision to require compliance audits 117 Audit frequency policy 118 Engagement of auditor 119 Functions of biosecurity auditor—compliance audits 120 Recovery of fee for compliance audit 121 Use of compliance audits Subdivision 6—Related matters 122 Audit agreements 123 Hindering etc biosecurity auditors Division 2—Biosecurity certificates 124 Biosecurity certifier may issue biosecurity certificates 125 Content, form and duration of biosecurity certificates 126 Specific powers of biosecurity certifiers 127 Fees 128 Recognition of interstate biosecurity certificates 129 Approval of authorised officers to perform functions of biosecurity certifiers 130 Use of assistance 131 Offences Part 8—Permits Division 1—Preliminary 132 Interpretation 133 Types of permit 134 Effect of permit Division 2—Individual permits 135 Application for permit 136 Grant or refusal of permit 137 Duration of permit 138 Variation of permit 139 Renewal of permit 140 Grant or refusal of renewal of permit Division 3—Group permits 141 Grant of group permit 142 Form of permit 143 Variation of permit 144 Renewal of permit Division 4—Conditions of permits 145 Conditions of permit 146 Conditions relating to insurance 147 Conditions requiring biosecurity audits 148 Conditions requiring financial assurances 149 Conditions to take effect later 150 Failure to comply with condition Division 5—Suspension, cancellation or surrender of permit 151 Grounds for suspension or cancellation of permit 152 Suspension of permit 153 Cancellation of permit 154 Voluntary surrender of individual permit 155 Effect of suspension, cancellation or surrender Part 9—Biosecurity programs and agreements Division 1—Approved biosecurity programs 156 Preparation of draft biosecurity program 157 Approval of draft biosecurity program 158 Amendment of approved biosecurity program 159 Termination of approved biosecurity program 160 Cost of implementing approved biosecurity program Division 2—Government biosecurity programs 161 Government biosecurity programs Division 3—Biosecurity control agreements 162 Biosecurity control agreements Part 10—Biosecurity zones Division 1—General scheme 163 Biosecurity zones 164 Biosecurity zone measures 165 Failure to comply with a biosecurity zone measure 166 Chief Officer may authorise required action and recover costs Division 2—Accreditation of biosecurity zones 167 Accreditation of biosecurity zones Division 3—Limitations on regulation-making power 168 Interpretation 169 Detention or treatment of persons 170 Destruction requirements 171 Consultation requirements Division 4—Warrants 172 Warrants Part 11—Orders and directions Division 1—Emergency orders 173 Emergency orders 174 Duration of emergency order 175 Notice of emergency order generally 176 Notice of emergency order relating to specific property 177 Emergency zones 178 Emergency measures 179 Additional emergency measures 180 Measures which may not be emergency measures 181 Inspection of persons 182 Emergency order prevails 183 Offences 184 Variation or revocation of emergency order 185 SA Police Division 2—Control orders 186 Control orders 187 Content of control orders 188 Duration of control orders 189 Notice of control orders generally 190 Notice of control orders relating to specific property 191 Control zones 192 Control measures 193 Measures which may not be control measures 194 Destruction requirements 195 Consultation requirements 196 Offences 197 Variation or revocation of control order Division 3—Biosecurity directions Subdivision 1—Preliminary 198 Interpretation 199 Types of biosecurity direction 200 Period for which biosecurity direction has effect 201 Related provision Subdivision 2—General biosecurity directions 202 General biosecurity direction 203 How general biosecurity direction is given Subdivision 3—Individual biosecurity directions 204 Individual biosecurity direction 205 How individual biosecurity direction is given 206 Special emergency powers—inspection and treatment measures 207 Recovery of costs Subdivision 4—Related provisions 208 Measures which may not be included in biosecurity direction 209 Interaction with other Acts 210 Variation or revocation of biosecurity direction 211 Offences Division 4—Action on default 212 Action on default Division 5—Warrants 213 Warrants Part 12—Reimbursement and compensation Division 1—Reimbursement 214 Eligibility for reimbursements 215 Claims for reimbursement 216 Amount of reimbursement 217 Determination of value 218 Reimbursement may be withheld 219 Payment of reimbursement 220 Recovery of reimbursement 221 Offence to make false claim Division 2—Compensation 222 Compensation for loss or damage as consequence of a biosecurity order or direction Part 13—Review Division 1—Preliminary 223 Interpretation Division 2—Internal review 224 Application for internal review 225 Consideration of application for internal review 226 Operation and implementation of decision or direction subject to review Division 3—External review 227 Application to Tribunal Part 14—Functions and powers of authorised officers Division 1—Preliminary 228 Purposes for which functions and powers under Part may be exercised Division 2—Information gathering 229 Exercise in conjunction with other powers 230 Power to require information and records 231 Power to require answers to questions 232 Recording of evidence 233 Power of authorised officer to demand name and address 234 Requiring information in case of an emergency Division 3—Power to enter 235 Power to enter 236 Entry to residential premises Division 4—Investigation powers 237 Powers that can be exercised on premises or in relation to a vehicle 238 Recovery of fee for action taken Division 5—Provisions relating to seizure 239 Provisions relating to seizure Division 6—Warrants 240 Warrants Division 7—Related matters 241 Care to be taken 242 Detention or treatment of persons 243 Destruction requirements 244 Destruction proposal 245 Interaction with other Acts 246 Interference with device, trap or equipment Part 15—Specific biosecurity offences 247 Interpretation 248 Act to cause substantial or material harm or risk 249 Act that may cause harm or risk 250 Substantial harm and material harm 251 Alternative finding Part 16—Legal proceedings Division 1—Offences generally 252 Classification of offence 253 Proceedings for offences 254 Offences by employers (vicarious liability) 255 Offences by bodies corporate 256 Offences by employees and agents 257 Continuing offences 258 General defence of due diligence 259 Defence of lawful excuse 260 Actions done under direction of an authorised person 261 Common carriers 262 Burden of proof in certain circumstances 263 Expiation of offences Division 2—Evidentiary provisions 264 Evidentiary certificates 265 Evidence of allegation 266 Evidence of authorised analyst 267 Evidence of state of mind of body corporate 268 Evidence of publication of instruments on website 269 Evidence of part to be evidence of whole 270 Evidence in relation to bees Division 3—Court orders 271 Preliminary 272 Orders for restoration and prevention 273 Orders for costs, expenses and compensation at time offence proved 274 Recovery of costs, expenses and compensation after offence proved 275 Orders regarding costs and expenses of investigation 276 Orders regarding financial benefits 277 Prohibition orders 278 Forfeiture 279 Publication order 280 Failure to comply with orders Part 17—Miscellaneous 281 Reasonable suspicion of carrier 282 Reasonable suspicion of infection 283 Reasonable suspicion of infestation 284 Public warning statements 285 Management of stray livestock 286 Facilities for temporary detention of stray livestock 287 Implied contractual terms and conditions 288 False or misleading information 289 Self-incrimination 290 Vicarious liability 291 Service of orders, notices, directions and other instruments and documents 292 Description of land in instruments 293 Statutory declarations 294 Protection from liability 295 Collection, use and disclosure of information 296 Immunity 297 Planning or other requirements for authorised actions excluded 298 Requirements may continue to have effect 299 Civil proceedings by the Crown 300 Application of Personal Property Securities Act 2009 of the Commonwealth 301 Establishment of biosecurity advisory groups 302 Charges on land 303 Use of equipment or computers to make decisions 304 Defence if act authorised under another Act 305 Exemption from Act 306 Regulations, notices and instruments Schedule 1—Statutory corporations Part 1—Interpretation 1 Interpretation Part 2—Boards 2 Conditions of office 3 Allowances and expenses 4 Validity of acts 5 Proceedings 6 General management duties of board Part 3—Staff 7 Staff Part 4—Committees 8 Committees Part 5—Operational, property and financial matters 9 Common seal 10 Specific powers 11 Property to be held on behalf of Crown 12 Transfer of property 13 Effect of transfers 14 Registering authorities to note transfer 15 Audit and accounts Part 6—Performance and reporting obligations 16 Objectives 17 Provision of information and reports to Minister 18 Annual report Schedule 2—Dog Fence Board Part 1—Preliminary 1 Interpretation Part 2—Dog Fence Board 2 Members of board 3 Term of office 4 Remuneration 5 Conflict of interest 6 Removal from office and vacancies 7 Meetings 8 Staff Part 3—Provisions as to dog fences 9 Primary dog fence 10 Secondary dog fences 11 Construction work 12 General authorisation 13 Duty of owner to maintain dog fence and destroy wild dogs 14 Powers and duties of board as to dog fences 15 Dog fences on Crown land 16 Payments to owners of dog fences 17 Ownership of dog fences Part 4—Financial provisions 18 Rates on ratable land 19 Special rate in respect of local board areas 20 Payment and recovery of rates and special rates 21 Contributions by councils as alternative to rating by board 22 Charge payable by occupiers of land outside dog fence 23 Subsidies 24 Borrowing and investment powers of board 25 Dog Fence Fund Part 5—Local dog fence boards 26 Establishment of local dog fence boards 27 Borrowing and investment powers of local dog fence boards Part 6—Related matters 28 Inspection of fences 29 Effect of notice 30 Recovery of amounts payable to board 31 Penalty for damaging or removing a dog fence 32 Leaving gate open 33 Schedule not to be subject to exemptions Schedule 3—Specific measures and provisions to deal with biosecurity risk or biosecurity impact Schedule 4—Biosecurity advisory groups 1 Composition of a biosecurity advisory group 2 Conditions of membership 3 Validity of acts 4 Conflict of interest under the Public Sector (Honesty and Accountability) Act 5 Proceedings 6 Annual report Schedule 5—Regulations Schedule 6—Related amendments, repeals and transitional provisions Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Fisheries Management Act 2007 2 Amendment of long title 3 Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited 4 Repeal of section 83 5 Repeal of section 130 Part 3—Amendment of Phylloxera and Grape Industry Act 1995 6 Amendment of section 3—Interpretation 7 Amendment of section 5—Constitution of Board 8 Amendment of section 14—Action to be taken on outbreak of disease 9 Substitution of section 27 27 Member of Board is an authorised officer Part 4—Repeal of Acts 10 Repeal of Acts Part 5—Transitional provisions Division 1—Specific transitional provisions 11 Preliminary Division 2—Provisions relating to repeal of Dog Fence Act 1946 12 Membership of Dog Fence Board 13 Local dog fence boards 14 Rates and charges 15 Proclamations Division 3—Provisions relating to repeal of Impounding Act 1920 16 Transitional provisions Division 4—Provisions relating to repeal of Livestock Act 1997 17 Registrations under repealed Livestock Act 18 Inspectors 19 Functions and powers of authorised officers Division 5—Provisions relating to repeal of Plant Health Act 2007 20 Accreditation 21 Registration of importers 22 Inspectors 23 Functions and powers of authorised officers Division 6—Other provisions 24 Other provisions