Biosecurity Amendment Act 2012

1: Title
This Act is the Biosecurity Amendment Act 2012.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Biosecurity Act 1993 2012-04-06 Biosecurity Act 1993
4: New headings and sections 41A to 41I inserted
The following headings and sections are inserted after section 41: Definitions for information-sharing provisions
41A: Definitions
In this section and sections 41B to 41I access agency biosecurity-related border management function
a: any function, duty, or power imposed or conferred on the Ministry by or under this Part:
b: any other function, duty, or power imposed or conferred on the Ministry by or under this Act that is necessary—
i: to achieve the purpose of this Part; or
ii: for the administration of this Part:
c: any function, duty, or power imposed or conferred on the Ministry by or under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
i: the Food Act 1981:
ii: the Hazardous Substances and New Organisms Act 1996:
iii: the Agricultural Compounds and Veterinary Medicines Act 1997:
iv: the Animal Products Act 1999:
v: the Wine Act 2003:
vi: any other Act that is specified by the Governor-General, by Order in Council made under section 165A border information
a: means information—
i: that is required to be supplied to the Ministry or the Customs by or under this Act or the Customs and Excise Act 1996, or both, for a border protection purpose; or
ii: that is otherwise lawfully supplied or collected for a border protection purpose; and
b: includes, without limitation, information about—
i: goods, persons, or craft:
ii: import or export transactions:
iii: importers or exporters; and
c: also includes data or information that is derived from, or related to, any information referred to in paragraphs (a) and (b) border protection purpose
a: a biosecurity-related border management function:
b: a customs-related border management function chief executive computer system
a: means—
i: a computer; or
ii: 2 or more interconnected computers; or
iii: any communication links between computers or from computers to remote terminals or other devices; or
iv: 2 or more interconnected computers combined with any communication links between computers or from computers to remote terminals or other devices; and
b: includes any part of the items described in paragraph (a) Customs
a: means the New Zealand Customs Service; and
b: includes the chief executive and any Customs officer customs-related border management function
a: to achieve the purpose of that Act; or
b: for the administration of that Act Joint Border Management System JBMS
a: is designed for the collection, storage, and use of border information by the Ministry and the Customs; and
b: is administered by, and under the control of, the Customs Ministry
a: the Director-General; and
b: any inspector appointed under section 103. Interim arrangements for information sharing
41B: Purpose of sections 41C to 41E
The purpose of sections 41C to 41E
a: the Ministry or an agency appointed under section 41C
b: the Customs to access that border information for a customs-related border management function.
41C: Interim collection of border information
1: The Ministry may—
a: collect any border information:
b: store any border information.
2: If the border information is personal information, subsection (1)
3: The Minister may appoint any agency (in addition to, or instead of, the Customs) to exercise any of the powers conferred on the Ministry by subsection (1)
41D: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
1: A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—
a: the Customs, for the purposes of, and in accordance with, section 282F(1)
b: an agency appointed under section 41C(3) section 41C(1) section 282F(1)
2: However, subsection (1) section 41C(3)
41E: Interim access to border information
1: The Director-General may, in accordance with a written agreement entered into by the Director-General and the chief executive, allow the Customs to access any border information that was or is collected or stored before, on, or after the commencement of this section.
2: If the border information is personal information, subsection (1)
3: An agreement must state—
a: the purpose of the agreement; and
b: the border information that can be accessed; and
c: the conditions subject to which the border information will be accessed; and
d: how the Customs will use the border information (including the limits on any further disclosure by the Customs); and
e: the method and form of access.
4: An agreement may be varied by the Director-General and the chief executive in writing.
5: The Director-General and the chief executive must consult the Privacy Commissioner before entering into or varying an agreement.
6: To avoid doubt, nothing in subsection (1)
a: goods, persons, or craft:
b: import or export transactions:
c: importers or exporters.
41F: Expiry of sections 41B to 41E and agreements made under section 41E
Sections 41B to 41E section 41E sections 282E to 282H section 282I Information sharing for joint border management
41G: Collection of border information
1: The Ministry may—
a: collect any border information:
b: store any border information in the JBMS.
2: If the border information is personal information, subsection (1)
3: The Minister may appoint any agency (in addition to, or instead, of the Customs) to exercise any of the powers conferred on the Ministry by subsection (1)
41H: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
1: A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—
a: the Customs, for the purposes of, and in accordance with, section 282J(1)
b: an agency appointed under section 41G(3) section 41G(1) section 282J(1)
2: However, subsection (1) section 41G(3)
41I: Ministry may access border information
1: The Ministry may access any border information stored in the JBMS that is needed for, or relevant to, a biosecurity-related border management function.
2: If the border information is personal information, subsection (1)
3: Subsections (1) and (2)
a: before, on, or after the commencement of this section; or
b: by an agency appointed under section 41G(3)
4: To avoid doubt, nothing in subsection (1)
a: goods, persons, or craft:
b: import or export transactions:
c: importers or exporters.
5: New section 165A inserted
The following section is inserted after section 165
165A: Regulations relating to definition of biosecurity-related border management function in section 41A
The Governor-General may, by Order in Council, make regulations specifying any Act to be an Act for the purposes of the definition of biosecurity-related border management function section 41A