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18<br />

The Front Line<br />

Biosecurity measures implemented on-farm.<br />

Photo courtesy of NT Farmers.<br />

The Australian biosecurity system<br />

under the magnifying glass<br />

THE FACE OF THE AUSTRALIAN BIOSECURITY SYSTEM IS<br />

QUICKLY EVOLVING, WITH INDUSTRY BEING REQUIRED<br />

TO TAKE AN INCREASINGLY ACTIVE ROLE IN THE SPACE.<br />

A RAPID RE-EVALUATION OF BIOSECURITY, OWNERSHIP<br />

OF ASPECTS IN THE SYSTEM AND DETERMINATION<br />

OF WHO IS RESPONSIBLE FOR MAINTAINING GOOD<br />

PRACTICE AND DECISION MAKING IS CURRENTLY IN<br />

MOTION. AUSVEG NATIONAL MANAGER – SCIENTIFIC<br />

AFFAIRS DR JESSICA LYE EXPLAINS.<br />

R&D<br />

Farm Productivity,<br />

Resource Use<br />

& Management<br />

with Dr Jessica Lye<br />

The changing landscape of<br />

Australian biosecurity has<br />

never been more evident than<br />

during 2014 and 2015, when<br />

Australia was bombarded with<br />

a range of pest incursions<br />

and insufficient resources<br />

to adequately deal with the<br />

outbreaks without strong support<br />

from industry.<br />

Recent redevelopments in<br />

state and federal biosecurity<br />

legislation has made it clear<br />

that there is a push towards<br />

simplifying our currently<br />

complex biosecurity system and<br />

making biosecurity a shared<br />

concern across government and<br />

stakeholders.<br />

Joint responsibility now<br />

enshrined in legislation<br />

The Queensland Government<br />

has ratified the new Biosecurity<br />

Act 2014, which will come<br />

into effect on 1 July 2016.<br />

A significant component<br />

of the Act is the General<br />

Biosecurity Obligation, which<br />

makes provisions for shared<br />

responsibility of biosecurity<br />

duties across industry and the<br />

wider community.<br />

The General Biosecurity<br />

Obligation places the<br />

responsibility on all persons to<br />

take reasonable and practical<br />

steps to prevent activities from<br />

causing a biosecurity event,<br />

such as spreading a pest<br />

insect or disease or introducing<br />

a weed. In introducing the<br />

obligation, the Act recognises<br />

each person’s role in preventing,<br />

eliminating or minimising<br />

biosecurity risks based on<br />

their level of knowledge and<br />

understanding.<br />

Under this obligation, all<br />

reasonable and practicable<br />

measures to prevent, eliminate<br />

or minimise the biosecurity risk<br />

must be taken. An example<br />

of a reasonable measure may<br />

be holding a meeting in a<br />

neutral location, rather than at<br />

a property that is susceptible<br />

to a pest outbreak. While the<br />

regulations resulting from the<br />

Act are not finalised, it is likely<br />

that not fulfilling the General<br />

Biosecurity Obligation will result<br />

in a warning and/or fines.<br />

Other states, such as New<br />

South Wales, are also adopting<br />

a similar concept within<br />

biosecurity legislation. The<br />

New South Wales Biosecurity<br />

Act 2015, which was assented<br />

to in September 2015 and is<br />

expected to come into effect<br />

in 2017, contains a General<br />

Biosecurity Duty. The General<br />

Biosecurity Duty can be found<br />

in Part 3 of the NSW Act.<br />

Specifically, section 22 of the<br />

Act specifies:<br />

Any person who deals<br />

with biosecurity matter or a<br />

carrier and who knows, or<br />

ought reasonably to know, the<br />

biosecurity risk posed or likely<br />

to be posed by the biosecurity<br />

matter, carrier or dealing has<br />

a biosecurity duty to ensure<br />

that, so far as is reasonably<br />

practicable, the biosecurity<br />

risk is prevented, eliminated or<br />

minimised.<br />

Update on the Federal<br />

Biosecurity Act 2015<br />

The Federal Biosecurity Bill<br />

2014 and supporting legislation<br />

received royal assent from the<br />

Governor-General on 16 June<br />

2015 and has now become<br />

the Biosecurity Act 2015. The<br />

12-month delay is to ensure<br />

clients, staff and stakeholders<br />

understand their rights and<br />

responsibilities under the new<br />

Act and that there is a smooth<br />

transition to the new regulatory<br />

arrangements.<br />

AUSVEG provided a<br />

submission on the draft<br />

Biosecurity Bill in January 2014<br />

and will be providing comment<br />

on draft regulations during<br />

the consultation period. When<br />

they are passed and come into<br />

effect, these draft regulations<br />

will supersede the Quarantine<br />

Regulations 2000.<br />

Draft regulations for<br />

Biosecurity Import Risk<br />

Analyses (BIRAs) are now<br />

available for comment from

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