Rachel Siewert (WA, Australian Greens) Share this | Hansard source

We traversed quite a lot of the issues in the debate, yesterday. I am double-checking that I have discussed all the broader issues that I sought to discuss, that I have sought from the government the assurances that I wanted to seek about how we are going to implement this legislation and about getting it as rigorous as possible. The one area that we have not traversed is the general biosecurity obligation, which is Australian Greens amendment (38)—I beg your pardon, I am going backwards. I move Australian Greens amendment (38) on sheet 7676:

(38) Page 412 (after line 21), after clause 427, insert:

427A Biosecurity industry participant must mitigate risk when carrying out biosecurity activities

(1) A biosecurity industry participant contravenes this subsection if:

  (a) the biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; and

  (b) the biosecurity industry participant knows, or ought reasonably know, that carrying out the activity is likely to pose a biosecurity risk; and

  (c) the biosecurity industry participant fails to take all reasonable and practical measures to prevent or minimise the risk.

Note 1: See section 427 in relation to when a biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant.

Note 2: The physical elements of an offence against subsection (2) are set out in this subsection.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:   120 penalty units.

427B Requirement to mitigate risk when carrying out biosecurity activities

(1) A person contravenes this subsection if:

  (a) the person:

     (i) handles or deals with goods that are subject to biosecurity control; or

     (ii) is an operator, person in charge of, or otherwise associated with, a conveyance that is subject to biosecurity control; or

     (iii) is in a biosecurity response zone; or

     (iv) is subject to a determination under subsection 445(1); or

     (v) has been given a direction under paragraph 446(1)(a); or

     (vi) has a human biosecurity control order in force in relation to them; or

     (vii) is subject to a requirement determined under subsection 477(1); or

     (viii) is subject to a direction given under subsection 478(1); or

     (ix) is subject to any other obligation under this Act; and

  (b) the person engages in conduct; and

  (c) the person knows, or ought reasonably know, that the conduct is likely to pose a biosecurity risk; and

  (d) the person fails to take all reasonable and practical measures to prevent or minimise the risk.

Note: The physical elements of an offence against subsection (2) are set out in this subsection.

Fault -based offence

(2) A person commits an offence if the person contravenes subsection (1).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:   50 penalty units.

This amendment relates to the general biosecurity obligation that requires all biosecurity participants to exercise a general biosecurity obligation to take all reasonable and practicable measures to prevent and minimise biosecurity risks with provisions similar to those in Queensland's Biosecurity Act 2014, which is one of the most modern of the acts around Australia.

The amendment will create an offence of accepting goods knowing, suspecting or in wilful disregard of whether the goods are illegally imported or derived from illegally imported goods. We think this is important because, no matter how comprehensive biosecurity laws are, there will inevitably be myriad actions and omissions contributing to biosecurity risks that are not addressed.

The bill review expressed and emphasised the importance of biosecurity as a shared responsibility which requires that biosecurity participants not only obey the law but generally take care to observe, report and minimise biosecurity risks, requiring all biosecurity participants to take all reasonable and practical measures to prevent and minimise biosecurity risk. This will help achieve shared responsibility. This type of obligation was included in Queensland's Biosecurity Act 2014 and was proposed by the New South Wales government in its Biosecurity Bill 2014.

We believe that it is important that this general obligation is in place, to ensure that we require all participants in the process to a favourable and to make sure that they do take particular care. This whole bill is about our recognition that biosecurity is so important to our environment and to industry. This amendment will enforce that process. I ask the government why it will not support this amendment, particularly as the subject matter has already been included in the modernising of state and territory biosecurity legislation.