The Biosecurity Act 2015: import, export and the legal framework

What the Act does

The Biosecurity Act 2015 is the main law governing biosecurity matters at the Commonwealth level. It provides the legal framework for managing risks associated with goods, conveyances (such as ships and aircraft), people, and Australian territory. The Act consolidates and modernises previous legislation.

The Act replaced the Quarantine Act 1908 and came into effect on 16 June 2016. It establishes a system for assessing and managing biosecurity risks to protect Australia from pests and diseases.

Responsibility for administering the Act is shared. The Department of Agriculture, Fisheries and Forestry manages biosecurity risks related to goods, animals, plants, and conveyances. The Department of Health is responsible for human biosecurity matters.

Imports and the BICON system

The Biosecurity Act 2015 governs the importation of goods into Australia. Importers are responsible for ensuring goods do not pose an unacceptable biosecurity risk. This responsibility includes checking import conditions prior to shipment.

The BICON database is a key resource for importers. It details the conditions that apply to goods that may pose a biosecurity risk, including many food, plant, animal and biological products. These conditions may require permits or treatments to be applied before goods are allowed entry into Australia.

Customs brokers and freight forwarders frequently manage the import process on behalf of importers, acting as intermediaries with the Department.

Powers and enforcement

The Biosecurity Act 2015 provides biosecurity officers with extensive powers to manage biosecurity risks. These powers allow officers to inspect, treat, hold, or destroy goods, conveyances, animals, or plants. They also have the authority to direct individuals for assessment purposes.

Non-compliance with the Act attracts both civil and criminal penalties. Offences include making false declarations, failing to comply with directions issued by biosecurity officers, and engaging in unauthorised dealings with biosecurity-controlled goods.

The most serious offences under the Act carry substantial criminal penalties. These can include imprisonment for up to 10 years, in addition to significant fines.

Exports

Australia’s reputation as a biosecure exporter functions as a compliance regime in its own right. Maintaining this reputation is essential for continued access to international markets.

Certain goods, including live animals, plant products, dairy, and fish, are subject to specific export controls. Exporters of these prescribed goods must adhere to the requirements of the Export Control Act 2020 and its associated rules. These requirements operate alongside, but are separate from, the Biosecurity Act 2015.

Both the Biosecurity Act and the Export Control Act utilise export certification and approved-arrangement systems to ensure compliance.