Biosecurity Act 2015
The Biosecurity Act 2015 modernised Australia’s biosecurity legislation, replacing the Quarantine Act 1908. The Act provides a comprehensive framework for managing risks to Australia’s human, animal, and plant health from pests, diseases, and other biosecurity threats. The Act establishes the Director of Biosecurity and the Inspector-General of Biosecurity, creates a risk-based system for managing biosecurity threats (including the Biosecurity Import Risk Analysis framework), provides for human health response and emergency powers (including the Biosecurity Emergency Determination and Human Biosecurity Emergency powers), and governs the import and export of goods and biological materials. The Act was extensively used during the COVID-19 pandemic.
Legal area: Environmental law regulates human activities affecting the environment, including biodiversity conservation, environmental impact assessment, and biosecurity.
Year enacted: 2015
Full text: https://www.legislation.gov.au/Details/C2015A00061
Key Provisions
- Part 2: Biosecurity emergencies (human, animal, and plant health emergencies)
- Section 475: Human biosecurity emergency (Governor-General may declare emergency)
- Part 3: Biosecurity import risk analysis (risk assessment and management)
- Part 4: Goods (import conditions, permits, prohibited goods)
- Part 6: Ballast water and hull fouling (marine biosecurity)
- Part 8: Inspections and monitoring (at border and post-border)
- Part 9: Enforcement (civil and criminal penalties)
- Section 477: Emergency requirements and directions (during human biosecurity emergency)
Significance
The Biosecurity Act 2015 is Australia’s primary defence against biosecurity threats, protecting approximately $70 billion in agricultural production and unique ecosystems. The Act was the legal foundation for Australia’s COVID-19 response, including the human biosecurity emergency (declared March 2020, revoked October 2022), international border restrictions, cruise ship bans, mandatory face masks on international flights, and the requirement for pre-departure COVID-19 testing. The Human Biosecurity Emergency powers were exercised extensively during the pandemic and their use was subject to significant legal scrutiny.