Amendments received Royal Assent

The Biosecurity Legislation Amendment (Miscellaneous Measures) Act 2018 (the Amendment Act), has received Royal Assent, and Schedule 1, Part 1, and Schedule 2 of the Act commenced on 1 September 2018.

The key changes resulting from Schedule 1, Part 1 are:

• expanding the powers of biosecurity officers to require importers or the persons in charge of goods to provide information about certain goods
• requiring notification from persons in charge of certain goods
• allowing documents referred to in certain instruments to be amended from ‘time to time’ without an update to the instruments
• clarifying that information is commercial in confidence if the Director of Biosecurity is satisfied that it meets the relevant criteria.

Schedule 2 will repeal the now redundant Quarantine (Validation of Fees) Act 1985.

Schedule 1, Part 2 of the Amendment Act will commence at a later date to be determined within six months of Royal Assent. This part has amended the definition of ‘human remains’ in the Biosecurity Act 2015. The following subordinate legislation will require additional amendments.

• Biosecurity (Prohibited and Conditionally Non-Prohibited Goods) Determination 2016
• Biosecurity (Prohibited and Conditionally Non-Prohibited Goods – Norfolk Island) Determination 2016
• Biosecurity (Prohibited and Conditionally Non-Prohibited Goods – Christmas Island) Determination 2016
• Biosecurity (Prohibited and Conditionally Non-Prohibited Goods Cocos (Keeling) Islands) Determination 2016
• Biosecurity (Managing Human Remains) Instrument 2016

The Amendment Act along with its Explanatory Memorandum is available on the Federal Register of Legislation.

About consultation

Public consultation on the Bill opened on 17 November 2017 and closed on 30 January 2018. We would like to thank all contributors for the high quality of submissions we received.

You can access the submissions and our responses below:

• Accord Australia PDF (398 KB)
• Australian Food and Grocery Council PDF (234 KB)
• Australian Prawn Farmers Association PDF (89 KB)
• Invasive Species Council PDF (76 KB)
• National Farmers’ Federation PDF (279 KB)
• Queensland University of Technology PDF (605 KB)
• Western Australia Department of Primary Industries and Regional Development PDF (271 KB)

You can provide your thoughts about how well we consulted you on this amendment through the Feedback tab.

Published submissions may not meet Australian Government accessibility guidelines as they have not been prepared by the department.