Biosecurity Legislation: Import Pathways and Approved
Arrangements Presentation December 2015
Slide one: New Biosecurity legislation
• Industry information Sessions - Import Pathways and Approved Arrangements
Slide Two: Overview of presentation
• Why did we need new legislation?
• Introduction to the Biosecurity Act 2015
• Import Pathways
Slide Three: The Quarantine Act 1908 vs Biosecurity Act 2015
• Image of Quarantine activities in 1908 and in 2015
Slide Four: Overview of Biosecurity Act 2015
The Benefits:
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Strong legislative framework
clear and streamlined powers for officials
clear and streamlined requirements of those being regulated
New powers to manage risks onshore and in the Australian marine environment
Flexible tools to reduce administrative burden
Slide Five: Broad range of Commonwealth powers introduced
• New mechanisms to clearly identify and manage biosecurity risks:
• Offshore, at the Border and Onshore
Slide Six: Introducing the new Biosecurity Act 2015
High Level Change
• New Act
• New terminology
• New powers
Identification of Business and Policy Changes:
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Adaption of existing business processes and policies
New subordinate legislation
New policies
Implementation of Changes
• Stakeholder engagement
• Changes to internal business processes
• Changes to internal instructional material and staff info
• Changes to external training and communication
• Changes to external business processes
Slide Seven: Overview of the Biosecurity ACT 2015
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Chapter 1- Preliminary
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Operational Chapters (3, 4 6)
Stand Alone Chapters (2, 5, 7, 8)
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Chapter 9- Compliance and Enforcement
Chapter 10 – Governance and Officials
Chapter 11- Miscellaneous
Slide Eight: Operational Chapters
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Goods - Chapter 3-also covers conditions on goods and BIRA
Conveyances - Chapter 4 - also covers first points of entry
Onshore powers - Chapter 6 - also covers monitoring and response zones
All chapters have assessment and management powers
Slide Nine: Stand-alone Chapters
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Human health - Chapter 2- Managing communicable diseases
Ballast water - Chapter 5 -Preparing for the Ballast Water Convention
Approved arrangements - Chapter 7 -Agreements with industry to manage their own
biosecurity risks
Emergency - Chapter 8 -Managing nationally significant incursions
Slide Ten: Administrative Chapters
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Preliminary - Chapter 1 ALOP - Appropriate Level Of Protection and definitions
Compliance and enforcement - Chapter 9
- New tools and penalties
- Fit and proper person / associates tests
Governance and officials - Chapter 10
Miscellaneous - Chapter 11
- Cost recovery provisions
Slide Eleven: Consequential and Transitional Provisions Act
2015
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Quarantine Act 1908 expires on the 15th of June 2016
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015
Biosecurity Act 2015 commences on the 16th of June 2016
Slide Twelve: Terminology
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Cargo and mail are goods
Vessels and aircraft are conveyances
Subject to biosecurity control at 12 nautical miles
Quarantine is no longer referenced
Compliance agreements become Approved Arrangements - holders of these
arrangements are known as Biosecurity Industry Participants
Person in Charge – in control of the goods or conveyance subject to biosecurity
Reportable Biosecurity Incident
Slide Thirteen: What will stay the same?
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The way cargo and conveyances move will remain the same
Slide Fourteen: What will change?
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Person in charge will be required to report biosecurity incidents
Goods and conveyances will automatically become subject to biosecurity once they
cross over the 12NM limit from an overseas destination
Ballast water
Slide Fifteen: Impacts to software and forms
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Departmental ICT systems are being updated to reference new legislation
We have commenced contacting third party software providers about
changes to terminology
reference to the new Act
We will prioritise the move from paper to electronic systems where possible
Slide Sixteen: Timeframe for implementation
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June 2015: Royal Assent
September 2015: Departmental Policy Finalised
October 2015: Public Exposure of draft regulations
November 2015: Public Consultation on Subordinate Legislation
June 2016: Commencement of legislation
Beyond June 2016: Design plan build and implement initiatives relevant to powers with
delayed commencement dates
Slide Seventeen: Import Pathways – Specific information
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Title page
Slide Eighteen: Quarantine Act 1908 - powers to examine
Section 44C: Examination of goods on importation
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A quarantine officer or an authorised person may examine any imported goods that
have not been released from quarantine.
Section 52: Examination of animals on importation
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A person authorised by a Director of Quarantine may examine an imported animal
that has not been released from quarantine.
Section 52A: Examination of animals or plants on installations
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A person authorised by a Director of Quarantine may examine any animal or plant
that is subject to quarantine and is on board an installation.
Section 53: Examination of plants on importation
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A quarantine officer or an authorised person may examine any imported plant that
has not been released from quarantine.
Slide Nineteen: Biosecurity Act 2015 – powers to inspect
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Section 125 - Inspecting goods and taking samples: A biosecurity officer may inspect the
goods
Section 199 - Inspecting conveyance: A biosecurity officer may conduct a physical
inspection of the conveyance
Slide Twenty: Chapter 3: Managing biosecurity risks: Goods
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An animal, plant, sample or specimen of a disease agent, pest, mail and any other
article, substance or thing including, but not limited to, any kind of moveable property
Human remains and ballast are not goods
Slide Twenty one: Chapter 4: Managing biosecurity risks:
Conveyances
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Assessment and management of biosecurity risks – conveyances into Australia
Biosecurity control-Powers to assess and manage biosecurity risk
Conveyances are vessel (sea), aircraft, vehicles or trains (including railway rolling stock)
The definition is intended to allow for new developments in transport methods into the
future
Slide Twenty Two: Chapter 6: Managing biosecurity risks:
Monitoring, control and response
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Powers to gather information, assess, monitor and manage biosecurity risks posted by a
disease or pest that may be present in or on goods, premises within Australia
Biosecurity control orders ensure measures are carried out for a good, conveyance or
fixed property
Biosecurity zones and application of measures
Slide Twenty Three: Person in Charge and Reporting Biosecurity
Incidents
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Person in Charge
Reporting Biosecurity Incidents
Slide Twenty Four: Summary of changes relating to imports
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Goods and conveyances will automatically be subject to biosecurity once within 12
nautical miles from Australia
Incoming goods remain under biosecurity control until released , which can occur in a
number of ways, either by a biosecurity officer or when they leave a defined area
(passengers and mail)
Officers will have a range of assessment powers:
• secure
• move or not to move
• ask questions and request documentation
• inspect
• Test
Officers will have a range of management powers:
• treat
• export
• Destroy
Slide Twenty Five: Import and Post Barrier Scenarios
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Title Page- Specific information on Goods Pathway
Slide Twenty Six: Goods Pathway Picture slide
Slide Twenty Seven: Post Barrier Picture slide
Slide Twenty Eight: Take Home Message
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From 16 June 2016, much remains the same for the importation of goods and
procedures for conveyances
New terminology – clearer terms
Flow of assessment, management and release remains much the same
New requirements:
• Person in charge and Reporting Biosecurity Incidents
• 12NM
• Automatically subject to Biosecurity
• Release Mechanisms
Slide Twenty Nine: Questions?
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Title Page
Slide Thirty: Approved Arrangements
Title Page- Specific information on key implementation issues
Slide Thirty one: What are we covering today?
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The scope of Approved Arrangements (AAs)
New charging arrangements
Fit and proper person assessment
Slide Thirty two: Session 1 - Scope of Arrangements
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Title Page
Slide Thirty three: Transition of existing approvals
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What will happen with my current approval when the Biosecurity Act commences?
Commencement of the Biosecurity Act 16 June 2016
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On 16/6/16 existing QAP and Compliance Agreement arrangements will automatically
‘roll-over’ and become an approved arrangements under the Biosecurity Transitional
Act
Under the Biosecurity Act an entity that conducts activities covered by an approved
arrangements is known as a Biosecurity industry Participant (BIP)
Transitional approved arrangements there were formerly QAPs will expire on 30/6/16,
otherwise a ‘new application’ process must be undertaken
Transitional approved arrangements that were formerly Compliance Agreements will
undergo renewal under the Biosecurity Act within 18 months of commencement
Audits will continue to be conducted in the same way
Sanctions for non-compliance will continue to be applied in the same way
It is proposed that the period of approval for approved arrangements will be
lengthened to five years
Charges for approved arrangements will be applied on an annual basis
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The biosecurity Act provides greater flexibility for the types of activities that be grouped
under a single approved arrangement
Operators may apply to restructure their approved Arrangements if they wish after
commencement of the Biosecurity Act
Slide Thirty four: Grouping of activities
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Which biosecurity activities can be grouped under a single approved arrangement?
Any activity which involves physical activity can be grouped together under one or more
approved arrangements
Physical activities performed at specified locations (Warehouses, Food processors,
Research facilities, Plant and animal facilities)
Physical activities performed at non-specified locations (Waste transport, Fumigation)
Broker activities can be grouped together under one or more approved arrangements
Non-physical activities performed at non-specified location (Brokers – AEP, Brokers –
NCCC)
Physical and non-physical activities cannot be grouped together in the same approved
arrangement (at this time)
Slide Thirty five: Combining physical activities
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Which biosecurity activities can be combined under a single approved arrangement?
Physical activities
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A single approved arrangement can cover any number of physical activities, in any
number of locations
A single approved arrangement covering multiple locations can be split into a number
of different approved arrangements, down to the level of one approved arrangement
per location
A business cannot divide the physical activities occurring at a single location into
separate approved arrangements
To group businesses under an approved arrangement they must have a common ABN
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Note: For the purpose of assigning a physical location to mobile services, they will be linked
to the address from which they are based
• Physical activities conducted at specified address include: goods warehouses, treatment
facilities, food processors, research facilities, bulb growers/glasshouses and live
animals/fish)
• Physical activities performed as a mobile service include: fumigation services, waste
collection and waste transport)
Slide Thirty six: Combining broker activities
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Which biosecurity activities can be combined under a single approved arrangement?
Non-physical activities (broker arrangements)
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A single approved arrangement can cover any number and type of brokerage activities,
in any number of locations
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A single approved arrangement covering multiple brokerage activities can be split into a
number of different approved arrangements, down to the level of one approved
arrangement per Branch ID
• A business cannot divide a single Branch ID into separate approved arrangements
• To group brokerage activities under an approve arrangement they must have a
common ABN
• Brokerage activities cannot be grouped together in an approved arrangement with
physical activities (at this time)
Non-physical activities conducted at any location. Broker arrangements:
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AEP scheme
NCCC scheme
Slide Thirty seven: Structure of an AA
Slide Thirty eight: One QAP becomes one AA
Slide Thirty nine: Two QAPs become one or two AAs
Slide Forty: Two Three activities grouped under an AA
Slide Forty one: University campus grouping under an AA
Slide Forty two: Physical/non-physical grouping under an AA
Slide Forty three: Questions
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Title Page
Slide Forty four: Session 2 – Charges
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Title Page
Slide Forty five: Background to the new charges
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Not necessitated by the Biosecurity Act but is affected by the policies made in response
to the Biosecurity Act
Overall, charges have increased because existing fees have not provided full cost
recovery for AA activities
Consultation
Industry committees
Draft Cost Recovery Impact Statement (CRIS) - July 2015
Final CRIS - November 2015
The new charges will apply from 1 December 2015
Slide Forty six: The main changes
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A single annual charge (a levy) for each entity that operates one or more AAs
The charge stays the same regardless of how many AAs an entity operates
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The annual charge is no longer linked to an AA renewal process
There is an application charge (also a levy) for new AAs
CAs are subject to the same annual and application charges as QAPs
Slide Forty seven: Current charges for QAPs
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$1200/parent QAP/year, linked to the QAP renewal process or $600/parent QAP for 6
months to 30 June
$45/quarter hour for on-site auditing
$40/quarter hour for in-office audit preparation and post-audit activities
Slide Forty eight: Current charges for CAs
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Currently, no application or annual charges
$45/quarter hour for on-site auditing
$40/quarter hour for in-office audit preparation and post-audit activities
Slide Forty nine: New charges for AAs from 1/12/2015
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$180/AA application (for an entity that does not already have a QAP and/or CA)
$2900/year/entity
$1450/entity for 6 months to 30 June
$50/quarter hour for on-site auditing
$30/quarter hour for in-office audit preparation and post-audit activities
Slide Fifty: Scenario 1 – Existing AAs with a QAP
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$2900/year/entity, to be first billed in July 2016 and every July thereafter
$50/quarter hour for on-site auditing
$30/quarter hour for in-office audit preparation and post-audit activities
Slide Fifty one: Scenario 2 – Existing AAs without a QAP
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$1450 to be billed in December 2015
$2900/year/entity, to be first billed in July 2016 and every July thereafter
$50/quarter hour for on-site auditing
$30/quarter hour for in-office audit preparation and post-audit activities
Slide Fifty two: Questions
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Title Page
Slide Fifty three: Session 3 - Fit and proper person
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Title Page
Slide Fifty four: Why is fit and proper person important?
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Approved arrangements are largely based on trust
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The department trusts operators to comply with the requirements when biosecurity
officers are not there
The department and the public must be able to have confidence that that trust is wellplaced
Slide Fifty five: What is ‘fit and proper person’?
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This is a new business and regulatory requirement.
The term is found in a number of Commonwealth and State regulatory frameworks
Different legislative frameworks define different relevant considerations for
determining fit and proper person status
Slide Fifty six: What is the fit and proper person test?
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Section 530 and 531 of the Biosecurity Act details the factors that must be considered
when assessing fit and proper person status
Must consider
• Whether the person or an associate of the person has been convicted or ordered to pay
a penalty under the Biosecurity Act, Quarantine Act, Customs Act, Criminal Code or
Crimes Act
• Whether a debt to the Commonwealth is due and payable by the person or an associate
• Whether the person or an associate has had an import permit refused, suspended or
revoked
• Whether the person or an associate has had an approved arrangement suspended,
revoked or cancelled
May also consider
• Whether the person or an associate has been convicted or ordered to pay a penalty
under any other Australian law
Slide Fifty seven: What does fit and proper person test apply to?
The fit and proper person provisions apply to two things only
1. Approved arrangements
2. Import permits
• For approved arrangement applications, the department must consider fit and proper
person status
• For import permit applications, the department may consider the fit and proper person
status
• For variations, suspensions and revocations of approved arrangements, the department
may consider fit and proper person status
Slide Fifty eight: Who exactly needs to be a fit and proper
person?
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The applicant for an approved arrangement approval must be a fit and proper person
An applicant may be a natural person (i.e. a human being)what, a trustee for a trust, a
partnership, or a body corporate (e.g. a company)
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If the applicant consists of a number of people, DAWR needs to consider which people
would be routinely assessed to determine the fit and proper person status of the AA
entity
Slide Fifty nine: When will fit and proper person be applied?
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Existing approved arrangement operators will initially be subject to fit and proper
person tests at the first renewal of approval following commencement of the
Biosecurity Act
New approved arrangement applicants will be subject to fit and proper person tests as
part of the application process
Subsequently, fit and proper person testing may be conducted at regular intervals
Slide Sixty: Operating principles
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The project has developed a set of operating principles to assist with the application of
the test.
Self-declaration by the applicant
• Approved arrangement operators will be requested to make declarations and provide
information relevant to fit and proper person considerations
Risk based
• Conduct processes to verify the accuracy of the information provided
• Seek further information from approved arrangement operators, if necessary
Slide Sixty one: Our operating principles
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Electronic by default
• Consider using portal and new technologies
Consistent decision making
• Provide guidance to the industry and departmental staff on how we will determine
fitness and propriety
• Inform the entity of the decision and the grounds upon which the decision was
made
• You seek review of any decision in relation to an approved arrangement approval,
variation, suspension or revocation
Slide Sixty two: Next steps
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We are working with DIBP’s customs licensing review to explore the possibilities of a
consistent approach for determining fitness and propriety across our agencies.
We want to work with you to better understand your requirements to building a
solution that will work for both you and the department.
Slide Sixty three: Questions
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Title page
End of slides.