New Federal Biosecurity Legislation and Biosecurity System

Friday 28 November 2014 @ 1.21 p.m. | Legal Research | Trade & Commerce

As previously mentioned on TimeBase, the Federal Parliament has completed its consultation on the draft Biosecurity legislation, introducing five new bills into Parliament yesterday (27 November 2014) to bring about a more modern and responsive biosecurity system.

Background to the Bills

Introduced into the House of Representatives by Member of Parliament Barnaby Joyce, the five bills comprise roughly 1000 pages of new legislation and will replace much of the functions of the Quarantine Act 1908 (Cth). The Biosecurity Bills package includes:

  • Biosecurity Bill 2014;
  • Biosecurity (Consequential Amendments and Transitional Provisions) Bill 2014;
  • Quarantine Charges (Imposition—General) Amendment Bill 2014;
  • Quarantine Charges (Imposition—Customs) Amendment Bill 2014; and
  • Quarantine Charges (Imposition—Excise) Amendment Bill 2014.

Purpose of the Biosecurity Bills Package

According to the Second Reading Speech:

"The importance of quarantine is highlighted by its inclusion as a head of power in the Australian Constitution. The Commonwealth government is responsible for using this power to ensure Australia is protected from biosecurity risks. It follows that our biosecurity system must be underpinned by a modem and effective regulatory framework. This framework operates to manage the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, and the environment and the economy.

The legislation that currently enables us to do this, the Quarantine Act, has been amended no less than 50 times over the last 106 years. While the legislation has served us well in the past, it has become cumbersome to administer, difficult to interpret and incompatible with our needs as our business and our risks change.

A new regulatory framework is needed to provide for a safe and seamless transition of people and goods across Australia's borders."

According to the explanatory memorandum, the key legislative principles underpinning the introduction of the new legislation include:

  • Legislation for a strong agricultural industry;
  • Clear legislation to manage biosecurity risks;
  • Increasing efficiency and decreasing regulation;
  • Improving compliance;
  • Providing protection from public health risks; and
  • Meeting Australia’s international obligations.

Legislative Provisions Contained in the Principal Bill

The Biosecurity Bill 2014 contains many legislative provisions however, some of the items they cover include:

  • New strict liability offences for when there is a strong public interest in managing biosecurity risks appropriately and preventing serious damage to plant and animal health, human health, local industries, the economy and the environment;
  • Abrogation of the privilege against self-incrimination in Chapters 3, 4 and 6;
  • General protections contained in Chapter 1 to limit the impact on individual rights;
  • Entry without warrants in the case of a biosecurity emergency or as a first point of entry; and
  • Exemption from disallowance for legislative instruments made under the Act.

The Federal Parliament is sitting again until 4 December 2014 where the Biosecurity Bills Package will be debated.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Commonwealth Bills as introduced from 27 November 2014 and published on TimeBase LawOne

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