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| Biosecurity Act 2014 (Queensland) | |
|---|---|
| Title | Biosecurity Act 2014 (Queensland) |
| Enacted by | Parliament of Queensland |
| Territorial extent | Queensland |
| Date enacted | 2014 |
| Status | Current |
Biosecurity Act 2014 (Queensland) is Queensland state legislation that modernised statutory arrangements for managing pests, diseases and biosecurity risks affecting Queensland's primary industries and natural environments. The Act replaced earlier instruments to align state law with national arrangements such as the Intergovernmental Agreement on Biosecurity and complementary Commonwealth frameworks including the Biosecurity Act 2015 (Cth), while interacting with instruments like the Plant Protection Act 1989 and the Animal Care and Protection Act 2001.
The Act was developed following reviews by bodies including the Queensland Law Reform Commission and consultations with stakeholders such as the Australian Bureau of Agricultural and Resource Economics and peak industry groups like the Queensland Farmers' Federation, the Meat & Livestock Australia board, and the Grains Research and Development Corporation. Its passage through the Parliament of Queensland reflected influences from cases and inquiries such as the Equine Influenza outbreak responses and reports by the National Biosecurity Committee. Key policy drivers included lessons from the 2001 Foot-and-mouth disease contingency planning, the Hendra virus incidents relevant to Queensland Health, and the need to integrate with the Biosecurity Act 2015 (Cth) policy architecture.
The Act's objects echo recommendations from reviews by the Productivity Commission and strategic plans by the Department of Agriculture and Fisheries (Queensland), aiming to prevent, eradicate and mitigate biosecurity threats to industries represented by bodies like the Australian Pork Limited and Horticulture Australia. It covers terrestrial and aquatic domains of relevance to agencies such as the Great Barrier Reef Marine Park Authority and stakeholders including the Queensland Police Service in emergency response roles. The scope interfaces with international instruments such as the International Plant Protection Convention and the World Organisation for Animal Health standards.
The Act defines critical terms paralleling those used by the Commonwealth Scientific and Industrial Research Organisation and terms in the World Health Organization guidance, including statutory definitions of "biosecurity matter", "carrier", "biosecurity zone" and "response program". It creates statutory tools analogous to measures used in the Emergency Management Act frameworks and articulates roles for entities such as the Chief Biosecurity Officer and authorised officers similar to appointments under the Work Health and Safety Act 2011 (Qld). The Act's provisions accommodate contingency instruments modelled on responses to the 2009 H1N1 pandemic and incorporate quarantine and movement control concepts familiar from the Quarantine Act 1908 history.
The regulatory regime establishes powers for making declarations, imposing requirements and setting standards in coordination with agencies like the Queensland Parks and Wildlife Service and the Department of Environment and Science (Queensland). It authorises biosecurity response programs, entry and inspection powers akin to those in the Biosecurity Act 2015 (Cth), and emergency measures informed by precedents such as the Queensland Floods Commission contingency protocols. The Act enables state instruments to interact with market access arrangements overseen by the Department of Agriculture, Fisheries and Forestry and import/export controls affecting ports administered by Ports Corporation of Queensland.
Enforcement mechanisms include infringement notices, civil remedies and criminal offences with penalties comparable to other statutory schemes like the Environmental Protection Act 1994 (Qld). Authorised officers drawn from agencies such as the Queensland Rural and Industry Development Authority and the Australian Border Force counterparts can issue directions, seize biosecurity matter, and implement quarantine, mirroring enforcement approaches used in incidents addressed by the National Biosecurity Committee. Judicial and administrative review pathways involve tribunals similar to the Queensland Civil and Administrative Tribunal and courts including the Supreme Court of Queensland for contested actions.
Administration is led by the Department of Agriculture and Fisheries (Queensland), with operational coordination with entities such as the Queensland Health public health workforce, local government councils, and national partners including the Department of Agriculture, Water and the Environment. Implementation has required development of subordinate instruments, codes of practice and memoranda of understanding with organisations like the Australian Veterinary Association and research bodies such as the University of Queensland and James Cook University. Training and surveillance systems draw on networks like the Animal Health Australia and the Plant Health Australia frameworks.
Proponents including the Queensland Farmers' Federation and industry research organisations such as the Grains Research and Development Corporation credit the Act with clarifying responsibilities and improving response capability in events similar to the Equine Influenza outbreak and Hendra virus management. Critics from academic commentators at institutions like the Australian National University and advocacy groups including the Queensland Conservation Council have argued about issues of regulatory complexity, the balance between state and national powers highlighted by tensions with the Biosecurity Act 2015 (Cth), and resource constraints experienced by agencies such as the Department of Environment and Science (Queensland). Ongoing debates involve alignment with international trade obligations overseen by the World Trade Organization and the adequacy of funding for surveillance adopted by bodies like the Productivity Commission.
Category:Australian legislation Category:Queensland law