Biosecurity Legislation: Import Pathways and Approved Arrangements Presentation December 2015

Slide one: New Biosecurity legislation • Industry information Sessions - Import Pathways and Approved Arrangements

Slide Two: Overview of presentation• Why did we need new legislation?• Introduction to the Biosecurity Act 2015• Import Pathways

Slide Three: The Quarantine Act 1908 vs Biosecurity Act 2015• Image of Quarantine activities in 1908 and in 2015

Slide Four: Overview of Biosecurity Act 2015 The Benefits:

• Strong legislative framework• clear and streamlined powers for officials• clear and streamlined requirements of those being regulated• New powers to manage risks onshore and in the Australian marine environment• Flexible tools to reduce administrative burden

Slide Five: Broad range of Commonwealth powers introduced• New mechanisms to clearly identify and manage biosecurity risks:• Offshore, at the Border and Onshore

Slide Six: Introducing the new Biosecurity Act 2015High 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

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

Slide Seven: Overview of the Biosecurity ACT 2015• Chapter 1- Preliminary

• Operational Chapters (3, 4 6)• Stand Alone Chapters (2, 5, 7, 8)

• Chapter 9- Compliance and Enforcement• Chapter 10 – Governance and Officials• Chapter 11- Miscellaneous

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: 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

Slide Ten: 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

Slide Eleven: 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 Twelve: 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

Slide Thirteen: What will stay the same?• The way cargo and conveyances move will remain the same

Slide Fourteen: 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

Slide Fifteen: 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

Slide Sixteen: Timeframe for implementation• June 2015: Royal Assent• September 2015: Departmental Policy Finalised• October 2015: Public Exposure of draft regulations• November 2015: Public Consultation on Subordinate Legislation• June 2016: Commencement of legislation• Beyond June 2016: Design plan build and implement initiatives relevant to powers with

delayed commencement dates

Slide Seventeen: Import Pathways – Specific information • Title page

Slide Eighteen: Quarantine Act 1908 - powers to examineSection 44C: Examination of goods on importation

• A quarantine officer or an authorised person may examine any imported goods that have not been released from quarantine.

Section 52: Examination of animals on importation

• A person authorised by a Director of Quarantine may examine an imported animal that has not been released from quarantine.

Section 52A: Examination of animals or plants on installations

• 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.

Section 53: Examination of plants on importation

• A quarantine officer or an authorised person may examine any imported plant that has not been released from quarantine.

Slide Nineteen: 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

Slide Twenty: 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

Slide Twenty one: 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

Slide Twenty Two: 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

Slide Twenty Three: Person in Charge and Reporting Biosecurity Incidents • Person in Charge• Reporting Biosecurity Incidents

Slide Twenty Four: 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• move or not to move• ask questions and request documentation • inspect• Test

• Officers will have a range of management powers:• treat• export• Destroy

Slide Twenty Five: Import and Post Barrier Scenarios• Title Page- Specific information on Goods Pathway

Slide Twenty Six: Goods Pathway Picture slide

Slide Twenty Seven: Post Barrier Picture slide

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

New requirements:• Person in charge and Reporting Biosecurity Incidents • 12NM• Automatically subject to Biosecurity • Release Mechanisms

Slide Twenty Nine: Questions?• Title Page

Slide Thirty: Approved Arrangements Title Page- Specific information on key implementation issues

Slide Thirty one: What are we covering today?• The scope of Approved Arrangements (AAs)• New charging arrangements• Fit and proper person assessment

Slide Thirty two: Session 1 - Scope of Arrangements • Title Page

Slide Thirty three: Transition of existing approvals• What will happen with my current approval when the Biosecurity Act commences? • Commencement of the Biosecurity Act 16 June 2016

• On 16/6/16 existing QAP and Compliance Agreement arrangements will automatically ‘roll-over’ and become an approved arrangements under the Biosecurity Transitional Act

• Under the Biosecurity Act an entity that conducts activities covered by an approved arrangements is known as a Biosecurity industry Participant (BIP)

• Transitional approved arrangements there were formerly QAPs will expire on 30/6/16, otherwise a ‘new application’ process must be undertaken

• Transitional approved arrangements that were formerly Compliance Agreements will undergo renewal under the Biosecurity Act within 18 months of commencement

• Audits will continue to be conducted in the same way• Sanctions for non-compliance will continue to be applied in the same way• It is proposed that the period of approval for approved arrangements will be

lengthened to five years• Charges for approved arrangements will be applied on an annual basis

• The biosecurity Act provides greater flexibility for the types of activities that be grouped under a single approved arrangement

• Operators may apply to restructure their approved Arrangements if they wish after commencement of the Biosecurity Act

Slide Thirty four: Grouping of activities• Which biosecurity activities can be grouped under a single approved arrangement? • Any activity which involves physical activity can be grouped together under one or more

approved arrangements• Physical activities performed at specified locations (Warehouses, Food processors,

Research facilities, Plant and animal facilities)• Physical activities performed at non-specified locations (Waste transport, Fumigation)• Broker activities can be grouped together under one or more approved arrangements• Non-physical activities performed at non-specified location (Brokers – AEP, Brokers –

NCCC)• Physical and non-physical activities cannot be grouped together in the same approved

arrangement (at this time)

Slide Thirty five: Combining physical activities• Which biosecurity activities can be combined under a single approved arrangement?• Physical activities

• A single approved arrangement can cover any number of physical activities, in any number of locations

• A single approved arrangement covering multiple locations can be split into a number of different approved arrangements, down to the level of one approved arrangement per location

• A business cannot divide the physical activities occurring at a single location into separate approved arrangements

• To group businesses under an approved arrangement they must have a common ABN

Note: For the purpose of assigning a physical location to mobile services, they will be linked to the address from which they are based• Physical activities conducted at specified address include: goods warehouses, treatment

facilities, food processors, research facilities, bulb growers/glasshouses and live animals/fish)

• Physical activities performed as a mobile service include: fumigation services, waste collection and waste transport)

Slide Thirty six: Combining broker activities• Which biosecurity activities can be combined under a single approved arrangement? • Non-physical activities (broker arrangements)

• A single approved arrangement can cover any number and type of brokerage activities, in any number of locations

• A single approved arrangement covering multiple brokerage activities can be split into a number of different approved arrangements, down to the level of one approved arrangement per Branch ID

• A business cannot divide a single Branch ID into separate approved arrangements• To group brokerage activities under an approve arrangement they must have a

common ABN• Brokerage activities cannot be grouped together in an approved arrangement with

physical activities (at this time)Non-physical activities conducted at any location. Broker arrangements:

• AEP scheme• NCCC scheme

Slide Thirty seven: Structure of an AA

Slide Thirty eight: One QAP becomes one AA

Slide Thirty nine: Two QAPs become one or two AAs

Slide Forty: Two Three activities grouped under an AA

Slide Forty one: University campus grouping under an AA

Slide Forty two: Physical/non-physical grouping under an AA

Slide Forty three: Questions• Title Page

Slide Forty four: Session 2 – Charges• Title Page

Slide Forty five: Background to the new charges• Not necessitated by the Biosecurity Act but is affected by the policies made in response

to the Biosecurity Act• Overall, charges have increased because existing fees have not provided full cost

recovery for AA activities• Consultation• Industry committees• Draft Cost Recovery Impact Statement (CRIS) - July 2015• Final CRIS - November 2015• The new charges will apply from 1 December 2015

Slide Forty six: The main changes• A single annual charge (a levy) for each entity that operates one or more AAs• The charge stays the same regardless of how many AAs an entity operates

• The annual charge is no longer linked to an AA renewal process• There is an application charge (also a levy) for new AAs• CAs are subject to the same annual and application charges as QAPs

Slide Forty seven: Current charges for QAPs• $1200/parent QAP/year, linked to the QAP renewal process or $600/parent QAP for 6

months to 30 June• $45/quarter hour for on-site auditing• $40/quarter hour for in-office audit preparation and post-audit activities

Slide Forty eight: Current charges for CAs• Currently, no application or annual charges• $45/quarter hour for on-site auditing• $40/quarter hour for in-office audit preparation and post-audit activities

Slide Forty nine: New charges for AAs from 1/12/2015• $180/AA application (for an entity that does not already have a QAP and/or CA)• $2900/year/entity• $1450/entity for 6 months to 30 June• $50/quarter hour for on-site auditing• $30/quarter hour for in-office audit preparation and post-audit activities

Slide Fifty: Scenario 1 – Existing AAs with a QAP• $2900/year/entity, to be first billed in July 2016 and every July thereafter• $50/quarter hour for on-site auditing• $30/quarter hour for in-office audit preparation and post-audit activities

Slide Fifty one: Scenario 2 – Existing AAs without a QAP• $1450 to be billed in December 2015• $2900/year/entity, to be first billed in July 2016 and every July thereafter• $50/quarter hour for on-site auditing• $30/quarter hour for in-office audit preparation and post-audit activities

Slide Fifty two: Questions• Title Page

Slide Fifty three: Session 3 - Fit and proper person• Title Page

Slide Fifty four: Why is fit and proper person important?• Approved arrangements are largely based on trust

• The department trusts operators to comply with the requirements when biosecurity officers are not there

• The department and the public must be able to have confidence that that trust is well-placed

Slide Fifty five: What is ‘fit and proper person’?• This is a new business and regulatory requirement. • The term is found in a number of Commonwealth and State regulatory frameworks• Different legislative frameworks define different relevant considerations for

determining fit and proper person status

Slide Fifty six: What is the fit and proper person test? Section 530 and 531 of the Biosecurity Act details the factors that must be considered

when assessing fit and proper person status

Must consider• Whether the person or an associate of the person has been convicted or ordered to pay

a penalty under the Biosecurity Act, Quarantine Act, Customs Act, Criminal Code or Crimes Act

• Whether a debt to the Commonwealth is due and payable by the person or an associate• Whether the person or an associate has had an import permit refused, suspended or

revoked• Whether the person or an associate has had an approved arrangement suspended,

revoked or cancelledMay also consider• Whether the person or an associate has been convicted or ordered to pay a penalty

under any other Australian law

Slide Fifty seven: What does fit and proper person test apply to?The fit and proper person provisions apply to two things only1. Approved arrangements2. Import permits• For approved arrangement applications, the department must consider fit and proper

person status• For import permit applications, the department may consider the fit and proper person

status• For variations, suspensions and revocations of approved arrangements, the department

may consider fit and proper person status

Slide Fifty eight: Who exactly needs to be a fit and proper person?• The applicant for an approved arrangement approval must be a fit and proper person• An applicant may be a natural person (i.e. a human being)what, a trustee for a trust, a

partnership, or a body corporate (e.g. a company)

• If the applicant consists of a number of people, DAWR needs to consider which people would be routinely assessed to determine the fit and proper person status of the AA entity

Slide Fifty nine: When will fit and proper person be applied?• Existing approved arrangement operators will initially be subject to fit and proper

person tests at the first renewal of approval following commencement of the Biosecurity Act

• New approved arrangement applicants will be subject to fit and proper person tests as part of the application process

• Subsequently, fit and proper person testing may be conducted at regular intervals

Slide Sixty: Operating principles• The project has developed a set of operating principles to assist with the application of

the test. Self-declaration by the applicant• Approved arrangement operators will be requested to make declarations and provide

information relevant to fit and proper person considerationsRisk based • Conduct processes to verify the accuracy of the information provided• Seek further information from approved arrangement operators, if necessary

Slide Sixty one: Our operating principles• Electronic by default

• Consider using portal and new technologies • Consistent decision making

• Provide guidance to the industry and departmental staff on how we will determine fitness and propriety

• Inform the entity of the decision and the grounds upon which the decision was made

• You seek review of any decision in relation to an approved arrangement approval, variation, suspension or revocation

Slide Sixty two: Next steps• We are working with DIBP’s customs licensing review to explore the possibilities of a

consistent approach for determining fitness and propriety across our agencies. • We want to work with you to better understand your requirements to building a

solution that will work for both you and the department.

Slide Sixty three: Questions • Title page

End of slides.