Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_3:p1
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 3 (pt 1/2)
Character Range: 22040–24791

3  Goods brought into Australian territory or otherwise subject to quarantine before commencement day
(1) For the purposes of the Biosecurity Act, goods in Australian territory at the beginning of the commencement day are taken to become subject to biosecurity control then if:
 (a) the goods had been brought into Australian territory on an aircraft or vessel that had entered Australian territory before the commencement day during a flight or voyage that commenced outside Australian territory; and
 (b) any of the following subparagraphs applied to the goods immediately before the commencement day:
 (i) the goods had not been unloaded from the aircraft or vessel;
 (ii) the goods were within the precincts of a landing place or port;
 (iii) the goods were subject to quarantine and were at a place approved under subsection 46A(1) of the Quarantine Act;
 (iv) the goods were subject to quarantine and were subject to the application of procedures in accordance with a compliance agreement under section 66B of the Quarantine Act;
 (v) the goods had been ordered, or were taken to have been ordered, into quarantine under the Quarantine Act;
 (vi) the goods were in a quarantine station, or other quarantine or biosecurity facility, in accordance with a law of the Commonwealth or a State or Territory relating to quarantine or biosecurity;
 (vii) the goods were under quarantine surveillance under section 52 of the Quarantine Act; and
 (c) the goods had not been released from quarantine after the most recent time one of the subparagraphs of paragraph (b) started to apply to the goods.
(2) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if, immediately before that day, the goods were subject to quarantine and there was in force one of the following that had not been fully complied with:
 (a) a notice under subsection 16AF(1) of the Quarantine Act authorising the goods to be brought into Australia, the Cocos Islands or Christmas Island and requiring a person to do a specified thing;
 (b) a condition, of a written permission under paragraph 20D(2)(b) or subsection 29(4), 29A(3) or 44B(6) or (7) of the Quarantine Act relating to the goods, that a person do a specified thing;
 (c) a direction under subsection 29B(1) or 44A(4), paragraph 48(2)(b), subsection 48AB(1), 48AC(1), 48AD(1) or 74D(1) of the Quarantine Act relating to the goods.
(3) For the purposes of the Biosecurity Act, goods in Australian territory are also taken to become subject to biosecurity control at the beginning of the commencement day if:
 (a) a direction relating to the goods had been given under subsection 48(1), (3) or (6) or 70D(2)