<p>Biosecurity Legislation: Import Pathways Presentation </p><p>Slide one: New Biosecurity legislation Industry information Sessions - Import Pathways</p><p>Slide Two: Overview of presentation Why did we need new legislation?</p><p>Introduction to the Biosecurity Act 2015</p><p>Import Pathways</p><p>Slide Three: The Quarantine Act 1908 Image of Quarantine regulations 1908</p><p>Slide Four: Biosecurity Act 2015 Overview The Benefits:</p><p>• Strong legislative framework</p><p>• clear and streamlined powers for officials</p><p>• clear and streamlined requirements of those being regulated</p><p>• New powers to manage risks onshore and in the Australian marine environment</p><p>• Flexible tools to reduce administrative burden Slide Five: Broad range of Commonwealth powers introduced New mechanisms to clearly identify and manage biosecurity risks:</p><p>Offshore, at the Border and Onshore </p><p>Slide Six: Introducing the new Biosecurity Act 2015 High Level Change • New Act • New terminology • New powers Identification of Business and Policy Changes: • Adaption of existing business processes and policies • New subordinate legislation • New policies </p><p>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 </p><p>Slide Seven: Overview of the Biosecurity ACT 2015 Chapter 1- Preliminary </p><p>Operational Chapters (3,4 6) Stand Alone Chapters (2, 5, 7,8)</p><p>Chapter 9- Compliance and Enforcement Chapter 10 – Governance and Officials Chapter 11- Miscellaneous </p><p>Slide Eight: Operational Chapters • 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: Chapter 3: Managing biosecurity risks: Goods • 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</p><p>Slide Ten: Chapter 4: Managing biosecurity risks: Conveyances • 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</p><p>Slide Eleven: Chapter 6: Managing biosecurity risks: Monitoring, control and response • 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</p><p>Slide Twelve: Stand-alone Chapters • 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</p><p>Slide Thirteen: Administrative Chapters • 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</p><p>Slide Fourteen: Consequential and Transitional Provisions Act 2015 • 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 Fifteen: Terminology • 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</p><p>Slide Sixteen What will stay the same? The way cargo and conveyances move will remain the same</p><p>Slide Seventeen: What will change? • 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</p><p>Slide Eighteen: Impacts to software and forms • 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</p><p>Slide Nineteen: Timeframe for implementation • June 2015: Royal Assent</p><p>• September 2015: Departmental Policy Finalised</p><p>• October 2015: Public Exposure of draft regulations</p><p>• November 2015: Public Consultation on Subordinate Legislation</p><p>• June 2016: Commencement of legislation</p><p>• Beyond June 2016: Design plan build and implement initiatives relevant to powers with delayed commencement dates Slide Twenty: - Import Pathways – specific information • Title page</p><p>Slide Twenty one: Quarantine Act 1908 - powers to examine Section 44C: Examination of goods on importation</p><p>• A quarantine officer or an authorised person may examine any imported goods that have not been released from quarantine.</p><p>Section 52: Examination of animals on importation</p><p>• A person authorised by a Director of Quarantine may examine an imported animal that has not been released from quarantine.</p><p>Section 52A: Examination of animals or plants on installations</p><p>• 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.</p><p>Section 53: Examination of plants on importation</p><p>• A quarantine officer or an authorised person may examine any imported plant that has not been released from quarantine. </p><p>Slide Twenty Two: Biosecurity Act 2015 – powers to inspect • 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</p><p>Slide Twenty Three: Summary of changes relating to imports • 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</p><p> move or not to move</p><p> ask questions and request documentation  inspect</p><p> Test</p><p>Officers will have a range of management powers:  treat</p><p> export</p><p> Destroy</p><p>Slide Twenty Four: Title page- Import Scenarios • Goods – Fresh Produce • Goods - Rural tailgate • Conveyance - Container Vessel </p><p>Slide Twenty Five: FRESH PRODUCE PATHWAY • Pre-arrival information gathering • Container of Citrus enters Australian Waters • Powers to request further documents (permit) and or ask questions • Citrus requires an inspection • Inspection fails and treat, export, destroy powers used • Release from Biosecurity Control </p><p>If an onshore issue is identified the release can be revoked and or Chapter 6 powers used to ‘secure’ Powers to request documents, inspect, treat and destroy available</p><p>Slide Twenty Six: RURAL TAILGATE PATHWAY • Pre-arrival information gathering • Customs Broker assesses documentation under NCCC and declares rural destination in the ICS • Powers to request further documents and or ask questions • Container has a rural unpack destination and requires a rural tailgate • Rural tailgate fails and treat, export, destroy powers used • Release from Biosecurity Control </p><p>If an onshore issue is identified the release can be revoked and or Chapter 6 powers used to ‘secure’ Powers to request documents, inspect, treat and destroy available</p><p>Slide Twenty Seven: CONVEYANCE (CONTAINER VESSEL) PATHWAY • Pre-arrival information gathering • Agent submits a QPAR to the Maritime NCC Vessel enters Australian Waters • Powers to request further documents and or ask questions • Inspection required – vessel Inspected at the relevant first point of entry • Inspection fails treat, export destroy powers available • Release from Biosecurity Control If an onshore issue is identified the release can be revoked and or Chapter 6 powers used to ‘secure’ Powers to request documents, inspect, treat and destroy available</p><p>Slide Twenty Eight: Take Home Message • 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</p><p>New requirements: • 12NM • Biosecurity Incidents • Fit and Proper</p><p>Slide Twenty Nine: Questions?</p><p>Slide Thirty: QAPs vs. CAs vs. AAs Quarantine Act – Two types of arrangements 1. Quarantine Approved Premises (QAPs) 2. Compliance Agreements (CAs)</p><p>Biosecurity Act – One type of arrangement 1. Approved Arrangements (AAs) 2. Does everything QAPs or CAs can</p><p>Slide Thirty one : What do I have to do at commencement? All QAPs and CAs will automatically ‘roll over’ to being AAs : • they keep their original ‘expiry date’ • there are no additional fees or charges • there are no forms to fill in • there is no other action required from QAP/CA operators</p><p>Slide Thirty two: Summary • Existing arrangements will quietly roll over on 16 June 2016 • Minimal disruptive change • More flexibility • More administrative efficiency</p>