Biosecurity (Foot and Mouth Disease Biosecurity Response Zone) Determination 2022

made under subsection 365(1) of the

Biosecurity Act 2015

Compilation No. 2

Compilation date: 30 March 2023

Includes amendments up to: F2023L00365

Registered: 26 April 2023

About this compilation

This compilation

This is a compilation of the Biosecurity (Foot and Mouth Disease Biosecurity Response Zone) Determination 2022 that shows the text of the law as amended and in force on 30 March 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Definitions

5 Specified biosecurity response zone

6 Biosecurity risk

7 Exercise of powers

8 Period of effect

9 Repeal

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Biosecurity (Foot and Mouth Disease Biosecurity Response Zone) Determination 2022.

3  Authority

  This instrument is made under subsection 365(1) of the Biosecurity Act 2015.

4  Definitions

Note: A number of expressions used in this instrument are defined in the definitions section of the Act, including biosecurity response zone.

  In this instrument:

Act means the Biosecurity Act 2015.

foot mat means a mat that contains a solution that treats equipment, fabric, surfaces and other things for the purposes of addressing the biosecurity risk posed by foot and mouth disease.

relevant landing place means the following airports:

specified biosecurity response zone means the specified area determined in section 5.

5  Specified biosecurity response zone

(1) For the purposes of subsection 365(1) of the Act, the specified area set out in subsection (2) in relation to each relevant landing place is determined to be a biosecurity response zone.

(2) The specified area is the area at a relevant landing place that includes:

(a) the airside area within the meaning of the Aviation Transport Security Act 2004 of the relevant landing place; and

(b) the landside security zone within the meaning of that Act that is known as the sterile area of the relevant landing place; and

(c) any other areas of the relevant landing place:

(i) that are under the control of the Australian Border Force; or

(ii) within which the Australian Border Force manages and undertakes customs or immigration activities.

6  Biosecurity risk

(1) For the purposes of subsection 366(1) of the Act:

(a) a biosecurity officer suspects, on reasonable grounds, that:

(i) foot and mouth disease may be present in or on goods in the specified biosecurity response zone, in particular on footwear worn by travellers entering Australia from Indonesia; and

(ii) foot and mouth disease poses an unacceptable level of biosecurity risk; and

(b) the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.

(2) For the purposes of paragraph 366(2)(a) of the Act, foot and mouth disease is identified as a disease that poses an unacceptable level of biosecurity risk.

(3) For the purposes of paragraph 366(2)(b) of the Act, the nature of the biosecurity risk that needs to be managed is that foot and mouth disease:

(a) may be present in or on goods in the specified biosecurity response zone, in particular on footwear worn by travellers entering Australia from Indonesia; and

(b) is not present in Australia; and

(c) is a highly contagious viral disease of cloven‑hoofed mammals that has a great potential for causing severe economic loss if it enters Australia; and

(d) poses an unacceptable level of biosecurity risk.

7  Exercise of powers

(1) For the purposes of paragraph 366(2)(c) of the Act, the powers set out in Division 2 of Part 3 of the Act that may be exercised in relation to goods or premises in the specified biosecurity response zone in accordance with that Division are:

(a) the power set out in section 333 of the Act may be exercised in relation to premises in the specified biosecurity response zone to require that persons entering or leaving the premises do so at specified places; and

(b) the power set out in section 335 of the Act may be exercised in relation to goods in the specified biosecurity response zone.

(2) For the purposes of paragraph 366(2)(f) of the Act, the powers set out in section 367 of the Act that may be exercised in, or in relation to goods or premises in, the specified biosecurity response zone in accordance with that section are:

(a) the power set out in paragraph 367(a) of the Act may be exercised to cause the specified biosecurity response zone to be identified (whether by affixing notices or by markings or otherwise); and

(b) the power set out in paragraph 367(d) of the Act may be exercised to set up foot mats for use in the specified biosecurity response zone.

8  Period of effect

  For the purposes of paragraph 366(2)(g) of the Act, this instrument is in force for the period beginning on 23 July 2022 and ending on 30 June 2023.

9  Repeal

  This instrument is repealed on 1 July 2023.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history