Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (62 of 2015)

Schedule 4   Application, saving and transitional provisions commencing later

Part 7   Compliance and enforcement

61   Investigation of offences etc. against Quarantine Act

(1) Parts 1, 2, 3, 4 and 5, and Divisions 4 and 6 of Part 10, of Chapter 9 (and any related provisions) of the Biosecurity Act apply, with the modifications set out in subitems (2) and (3):

(a) for the purpose of determining:

(i) whether the Quarantine Act has been, or is being, complied with; or

(ii) whether information provided for the purposes of the Quarantine Act is correct; or

(b) if a biosecurity enforcement officer has reasonable grounds for suspecting that there may be on any premises:

(i) a thing with respect to which an offence against the Quarantine Act has been committed or is suspected, on reasonable grounds, to have been committed; or

(ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against the Quarantine Act; or

(iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against the Quarantine Act.

(2) The provisions of the Biosecurity Act mentioned in subitem (1) apply under that subitem as if:

(a) in those provisions, except the ones mentioned in paragraph (b), the expression "this Act" included the Quarantine Act; and

(b) in item 5 of the tables in each of sections 489 and 490, and in paragraph 498(1)(b), subsection 498(3) and sections 532 and 533, the expression "this Act" meant:

(i) Parts 1, 2, 3, 4 and 5 of Chapter 9 of the Biosecurity Act, as those Parts apply because of this item; and

(ii) Parts 2 and 3 of the Regulatory Powers (Standard Provisions) Act 2014, as they apply because of that Chapter; and

(c) the following premises were relevant premises for the purposes of Division 2 of Part 5 of Chapter 9 of the Biosecurity Act:

(i) premises where goods were treated or otherwise dealt with in accordance with an approval under section 46A of the Quarantine Act or a compliance agreement;

(ii) a landing place or port that was a first port of entry under the Quarantine Act; and

(d) paragraphs 511(1)(c) and (3)(b) and (c) were omitted.

Note: Applying the provisions of the Biosecurity Act mentioned in subitem (1) as described in subitem (2) also applies Parts 2 and 3 of the Regulatory Powers (Standard Provisions) Act 2014 in relation to the Quarantine Act.

(3) A reference in Chapter 9 of the Biosecurity Act, as applying under this item, to that Chapter, or a provision of that Chapter, is to be read as a reference to that Chapter, or that provision, as it applies under this item.