Sir,
The introduction into Parliament of the Biosecurity Amendment (Strengthening Penalties) Bill on 18 February 2021 has the potential to significantly increase the risk profile for those involved in the import of goods subject to biosecurity control or direction.
Even though the Biosecurity Act 2015 and its penalty regime only came into effect relatively recently, the federal government clearly believes that the nature of biosecurity risks have increased markedly in recent years, warranting the increase in penalties as a means to improve compliance through the threat of massive penalties for non – compliance.
This is a common approach with most federal and state regulators. In large part, importers and their service providers have, to date, been very focused on compliance and, in the case of service providers, that commitment has been enhanced by their obligation to maintain their accreditation with the Department of Agriculture Water and the Environment (DAWE).
However, government now believes that even the smallest breach of the biosecurity control regime represents a very real threat to Australian agriculture and its economy, which warrants the increase in penalties.
Not only will the bill increase penalties for breach of certain provisions of the act, it will also increase potential liability under Infringement Notices which the DAWE can impose in lieu of penalty action.
The bill will cause importers and their service providers to once again review practices regarding goods under biosecurity control are only dealt with exactly as directed by the DAWE. Service providers will need to ensure that their terms and conditions of trade properly allow them to be indemnified against liabilities which are the responsibility of their customers as well as the level of insurance they hold against potential liability arising from their own actions.
Andrew Hudson
Partner
Rigby Cooke Lawyers
