Contents
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 15 September 2026 |
| 2. Schedule 1 | A day or days to be fixed by Proclamation.However, if any of the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
| 3. Schedule 2 | The day after this Act receives the Royal Assent. | 16 September 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Australia Travel Declarations
Part 1 · Amendments
Biosecurity Act 2015#
1 Subsection 9(1) (definition of person in charge)
Before “has the meaning”, insert “of goods or of a conveyance”.
2 After subparagraph 189(a)(ii)
Insert:
(iii)obtaining information and documents from persons intending to enter or entering Australian territory on those conveyances; and
3 Section 190 (paragraph beginning “Division 3 provides for”)
Omit “Division 3 also provides for persons on board”, substitute “Division 3 also provides for persons who were, are, or will be on board”.
4 Section 190 (paragraph (a) of the paragraph beginning “Division 3 provides for”)
After “have with them”, insert “or of the future profiling, or future assessment, of biosecurity risks”.
5 After section 195
Insert:
195APersons who must provide information and documents for the assessment of biosecurity risk#
(1)This section applies in relation to a person (a traveller) who:
(a)intends to enter, or enters, Australian territory on an incoming aircraft or vessel; and
(b)was, is, or will be:
(i)a passenger on an incoming aircraft or vessel; or
(ii)a member of the crew of an incoming aircraft or vessel; or
(iii)the person in charge of an incoming aircraft or vessel; or
(iv)a person included in a prescribed class of persons.
Information and documents must be provided in accordance with the regulations
(2)A traveller must provide prescribed information and prescribed documents in relation to themselves, and any other person that the traveller was, is, or will be in charge of on the relevant flight or voyage, in accordance with the regulations.
Note 1: The obligation in this subsection applies whether or not the traveller is in Australian territory at the relevant time (see subsection (8)).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
(3)Information or a document prescribed for the purposes of subsection (2) must be information or a document for any of the following purposes:
(a)assessing the level of biosecurity risk associated with a traveller or any goods that a traveller has with them;
(b)the future profiling, or future assessment, of biosecurity risks in relation to travellers.
Information and documents must be updated to remain accurate and complete
(4)If information or a document provided by a person for the purposes of subsection (2) is not, or is no longer, accurate or complete, the person must provide any information and documents required to correct or to complete the information or document in accordance with the regulations.
Note 1: The obligation in this subsection applies whether or not the person is in Australian territory at the relevant time (see subsection (8)).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Exceptions
(5)Despite subsections (2) and (4), a person is not required to provide information or documents under those subsections in prescribed circumstances.
Information and documents may be provided on behalf of the traveller
(6)In addition to subsection (2), a person may provide information and documents on behalf of a traveller for the purposes of subsection (2) or (4) in prescribed circumstances.
Note: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Civil penalty provision
(7)A person who is required to provide information or a document under subsection (2) or (4) must comply with the requirement.
Civil penalty: 120 penalty units.
Application to persons within and outside Australian territory
(8)Subsection (7) applies whether or not the person is in Australian territory when the person is required to provide the information or documents.
Note: This section is not subject to the privilege against self-incrimination (see section 635).
Matters that may be prescribed for the provision of prescribed information and documents
(9)For the purposes of subsection (2) or (4), the regulations may do any or all of the following:
(a)prescribe the time or times at, or by which, any or all prescribed information or documents must be provided;
(b)prescribe the manner or manners in which any or all prescribed information or documents must be provided at, or by, any or all of those times;
(c)prescribe a time or manner by reference to a person to whom information or documents must be provided, a place, an event, or another circumstance;
(d)make provision for the scanning of one or more kinds of documents;
(e)make provision for the collection and retention of personal information provided, or personal information included in documents provided, for the purposes of subsection (2) or (4).
Example 1: The regulations may prescribe for the purposes of subsection (2) that a traveller is required to provide prescribed information in an electronic or written manner by the time the traveller enters Australia.
Example 2: The regulations may prescribe for the purposes of subsection (4) that the person must provide prescribed information by answering questions orally on request by a biosecurity officer or an Immigration and Border Protection worker (within the meaning of the Australian Border Force Act 2015) at a first point of entry.
6 Section 196 (heading)
Repeal the heading, substitute:
196Persons who must provide information and documents as required for the assessment of biosecurity risk#
7 Subsections 196(2) and (3)
Repeal the subsections, substitute:
Provision of information
(2)The Director of Biosecurity may require any person covered by subsection (1), or each person included in a class of persons covered by subsection (1), to provide information in an approved manner that is for any of the following purposes:
(a)assessing the level of biosecurity risk associated with:
(i)the person; or
(ii)any other person that person is in charge of on the relevant flight or voyage; or
(iii)any goods that the person or other person has with them;
(b)the future profiling, or future assessment, of biosecurity risks.
Note 1: The obligation in this subsection applies whether or not the person is in Australian territory at the relevant time (see subsection (7)).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).
(3)The Director of Biosecurity may for the purposes of subsection (2):
(a)approve one or more manners for any or all kinds of information; and
(b)approve a manner by reference to a place, an event or another circumstance.
Example: The Director of Biosecurity may approve for the purposes of subsection (2) that the person must provide information by answering questions orally on request.
8 Subsection 196(3A)
After “travel documents”, insert “etc.”.
9 Subparagraph 196(3A)(a)(i)
Repeal the subparagraph, substitute:
(i)assessing the level of biosecurity risk associated with the person, any other person that person is in charge of on the relevant flight or voyage, or any goods that the person or other person has with them;
10 Subsection 196(3A) (note 1)
Repeal the note, substitute:
Note 1: The obligation in this subsection applies whether or not the person is in Australian territory at the relevant time (see subsection (7)).
11 Paragraph 196(3B)(a)
After “the person’s”, insert “or the other person’s”.
12 Paragraph 196(3B)(b)
After “the person”, insert “or the other person”.
13 At the end of subsection 196(3B)
Add:
; (c) a document that is:
(i)for a purpose referred to in subparagraph (3A)(a)(i) or (ii); and
(ii)of a kind prescribed by the regulations.
14 At the end of section 196
Add:
Information may be provided and documents produced on behalf of a person
(6)In addition to subsections (2) and (3A), a person may provide information or produce a document on behalf of a person for the purposes of subsection (2) or paragraph (3A)(a) in prescribed circumstances.
Note: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Application to persons within and outside Australian territory
(7)Subsections (4) and (5) apply whether or not the person is in Australian territory when the person is required to provide the information or produce the document.
Note: This section is not subject to the privilege against self-incrimination (see section 635).
Relationship with other requirements to provide information
(8)To avoid doubt, the requirements to provide information or produce documents in this section are in addition to any requirement to provide information or documents under section 195A.
15 Subsection 523(1) (before table item 10)
Insert:
| 9B | Subsection 195A(7) |
16 Paragraph 635(1)(c)
After “195,”, insert “195A,”.
Part 2 · Application and transitional provisions
17 Application provision
The amendments of the Biosecurity Act 2015 made by this Schedule apply in relation to a person who intends to enter, or enters, Australian territory on an incoming aircraft or vessel on or after the commencement of this item.
Schedule 2 · Notices of intention and technical amendments
Part 1 · Notices of intention
Biosecurity Act 2015#
1 Section 404 (paragraph beginning “Part 7”)
Omit “notice of proposed variation, suspension or revocation decisions”, substitute “notice of certain proposed decisions relating to approval, variation, suspension or revocation”.
2 At the end of section 406
Add:
Notice of proposed refusal to approve arrangement
(4)The relevant Director must not refuse to approve a proposed arrangement unless the Director has given a notice to the applicant for the approval under subsection 435AA(1).
Notice of proposed approval subject to conditions
(5)The relevant Director may, before approving a proposed arrangement subject to one or more conditions, give a notice to the applicant for the approval under subsection 435AA(1).
3 Subsection 435(3)
Omit “subsection (4)”, substitute “either or both of subsections (4) and (4A)”.
4 After subsection 435(4)
Insert:
(4A)The initial consideration period is extended, for each notice given under subsection 435AA(1) that includes the invitation referred to in paragraph 435AA(2)(d) in relation to the application, by:
(a)if a submission in response to the invitation was given within the period specified in the invitation—the number of days falling within the period:
(i)starting on the day the notice was given; and
(ii)ending on the day that is 30 days after the day the submission was received by the relevant Director; or
(b)otherwise—30 days.
5 Division 1A of Part 7 of Chapter 7 (heading)
Omit “proposed variation, suspension or revocation”, substitute “certain proposed decisions relating to approval, variation, suspension or revocation”.
6 Before section 435A
Insert:
435AANotice of proposed refusal of approval or approval subject to conditions#
(1)For the purposes of subsections 406(4) and (5), including those subsections as they apply because of subsection 412(3), the relevant Director:
(a)must give the applicant for approval of a proposed arrangement a notice before refusing to approve the arrangement; and
(b)may give the applicant for approval of a proposed arrangement a notice before approving the arrangement subject to one or more conditions.
Contents of notice
(2)A notice under subsection (1) must:
(a)be in writing; and
(b)state the thing covered by subsection (1) that the relevant Director is considering doing; and
(c)state the reasons for the relevant Director giving the notice; and
(d)subject to subsection (3), invite the applicant to give the relevant Director, within 30 days after the day the notice is given to the applicant, a written submission in relation to the notice; and
(e)include a statement setting out the applicant’s right to seek review of a decision of the relevant Director to do a thing covered by subsection (1).
(3)A notice under subsection (1) is not required to include the invitation referred to in paragraph (2)(d) in relation to a thing covered by subsection (1) if the relevant Director is satisfied that the grounds for doing that thing are serious and urgent.
7 Application provision—new and pending applications for approval
The amendments of section 406 of the Biosecurity Act 2015 made by this Schedule apply in relation to the following:
(a)an application for approval of a proposed arrangement or varied arrangement made on or after the commencement of this item;
(b)an application for approval of a proposed arrangement or varied arrangement made before the commencement of this item if, before that commencement:
(i)the relevant Director had not notified the applicant that the relevant Director is considering refusing to approve the arrangement or approving the arrangement subject to one or more conditions; and
(ii)the relevant Director had not made a decision on the application.
Part 2 · Technical amendments
Biosecurity Act 2015#
8 Paragraph 568(1)(a)
Omit “relevant”.
[Minister’s second reading speech made in—
House of Representatives on 1 July 2026
Senate on 17 August 2026]
(97/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.