EXPOSURE-DRAFT
1
2
3
Inserts for
Biosecurity Bill 2012: Chapter 4—Ship
sanitation
4
EXPOSURE DRAFT
Stakeholders are encouraged to provide feedback on the draft biosecurity
legislation. Go to biosecurity.govspace.gov.au for information on how to do so.
5
6
7
Contents
8
Chapter 4—Managing biosecurity risks: conveyances
2
9
Part 5—Vessel sanitation
2
10
11
12
13
14
15
16
17
Division 1—Introduction
2
^SAN1 Guide to this Part ............................................................................... 2
Division 2—Vessel sanitation
3
^SAN5 Application of this Division to international vessels ......................... 3
^SAN10 Vessel sanitation certification scheme ............................................... 3
^SAN15 Declaring ports at which vessels may be inspected for the
purposes of certification .................................................................... 4
^SAN20 Assessing and managing vessel sanitation health risks ...................... 4
18
19
1
EXPOSURE-DRAFT
1
3
Chapter 4—Managing biosecurity risks:
conveyances
4
Part 5—Vessel sanitation
5
Division 1—Introduction
6
^SAN1 Guide to this Part
2
7
8
9
This Part provides for the regulations to prescribe a vessel
sanitation certification scheme for the purposes of the International
Health Regulations.
10
2
EXPOSURE-DRAFT
1
2
Division 2—Vessel sanitation
3
^SAN5 Application of this Division to international vessels
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
This Division applies in relation to vessels (international vessels)
that are in Australian territory and that:
(a) have entered Australian territory during a voyage that
commenced outside Australian territory; or
(b) intend to leave Australian territory.
^SAN10 Vessel sanitation certification scheme
(1) The regulations may prescribe a scheme (the vessel sanitation
certification scheme) providing for the following:
(a) the meaning of vessel sanitation health risk;
(b) determining the level of vessel sanitation health risk
associated with an international vessel;
(c) the circumstances in which the level of vessel sanitation
health risk associated with an international vessel is
unacceptable;
(d) certificates to be issued in relation to the level of vessel
sanitation health risk associated with an international vessel;
(e) recognising such certificates issued by, or on behalf of,
competent authorities;
(f) the circumstances in which an international vessel in a port
declared under section ^SAN15 may, at the request of the
operator of the vessel, be inspected for the purposes of
certification under the scheme;
(g) measures that the operator of an international vessel may take
to manage vessel sanitation health risks associated with the
vessel for the purposes of certification under the scheme;
(h) the circumstances in which section ^SAN20 (assessing and
managing vessel sanitation health risks) applies to an
international vessel in a port in Australian territory;
(i) without limiting section ^PM255, disclosing information
obtained under the scheme to any of the following:
(i) a Commonwealth body;
(ii) a State or Territory body;
(iii) a biosecurity industry participant;
(iv) a competent authority;
3
EXPOSURE-DRAFT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
(j) classes of international vessels to which the scheme does not
apply.
Note:
The regulations may prescribe decisions made under the scheme that
are reviewable decisions (see subsection ^PM100(2)).
(2) Without limiting subsection (1), the vessel sanitation certification
scheme may provide for the following matters in relation to the
certificates referred to in paragraphs (1)(d) and (e):
(a) extending the period for which a certificate remains in force;
(b) who may issue or extend a certificate;
(c) the form and content of a certificate;
(d) making notes on a certificate.
Giving effect to International Health Regulations
(3) The vessel sanitation certification scheme must be appropriate and
adapted to giving effect to Australia’s rights and obligations under
the International Health Regulations.
^SAN15 Declaring ports at which vessels may be inspected for the
purposes of certification
(1) The Director of Human Biosecurity may declare that a port in
Australian territory is a port at which an international vessel may
be inspected for the purposes of certification under the vessel
sanitation certification scheme.
(2) The Director of Human Biosecurity must consult the Director of
Biosecurity before making a declaration under subsection (1).
(3) A declaration made under subsection (1) is a legislative instrument,
but section 42 (disallowance) of the Legislative Instruments Act
2003 does not apply to the declaration.
^SAN20 Assessing and managing vessel sanitation health risks
(1) This section applies to an international vessel in a port in
Australian territory in the circumstances provided for by the vessel
sanitation certification scheme under paragraph ^SAN10(1)(h).
(2) The following provisions of this Act (the applied provisions) apply
in relation to the vessel, subject to the modifications set out in
subsections (4) to (6), in the same way as those provisions apply to
a vessel that is subject to biosecurity control because of subsection
^MT215(2):
4
EXPOSURE-DRAFT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(a) Division 3 of Part 1 of this Chapter (assessing the level of
biosecurity risk associated with conveyances);
(b) Division 4 of Part 1 of this Chapter (managing unacceptable
levels of biosecurity risks associated with conveyances);
(c) sections ^GA240 and ^GA241 (boarding a conveyance);
(d) section ^GA245 (permission for certain acts to be done);
(e) any other provision of this Act to the extent that it relates to
the provisions referred to in paragraphs (a) to (d).
(3) The application of the applied provisions under this section is in
addition to, and does not limit, any application that the applied
provisions would otherwise have in relation to the vessel.
Modifications of the applied provisions
(4) A reference in the applied provisions to the level of biosecurity risk
associated with the vessel is taken to be a reference to the level of
vessel sanitation health risk associated with the vessel.
(5) A reference in the applied provisions to biosecurity measures is
taken to be a reference to measures to manage vessel sanitation
health risks.
(6) A reference in the applied provisions to a biosecurity officer is
taken to include a reference to a human biosecurity officer, and a
reference to the Director of Biosecurity is taken to include a
reference to the Director of Human Biosecurity.
5