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Biosecurity Amendment (Strengthening Biosecurity)

Current status

This bill became law on Dec 5th, 2022.

Policy area

Industry, agriculture & resources

What does this bill do?

Australia can now require incoming travellers to answer risk questions, be screened, or move to a checking area at airports and ports when a serious animal or plant disease threat is identified.

Why was it introduced?

The amplified threat of foot-and-mouth disease and COVID-19 exposed gaps in how Australia screened travellers and managed biosecurity risks arriving by ships and aircraft. The bill lets officials ask risk questions, require screening and extra reports, strengthens pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed. rules and penalties, and expands information-sharing to stop pests and diseases spreading.

Broader context

Australia’s Biosecurity Act 2015The main law the bill changes. It sets the rules for managing biosecurity risks at Australia’s border and inside the country. already governed border controls, but the amplified threat of foot-and-mouth disease exposed gaps in how officials could screen incoming travellers, manage risks arriving by aircraft and ships, enforce pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed. rules and share operational information. The 2022 bill responded by expanding those powers and lifting penalties so biosecurity officers could intervene earlier at the border, and after Parliament passed it and Royal AssentThe formal step that turns a bill into law after Parliament passes it. was given, most of the changes were set to begin immediately or within six months for the delayed reporting and information-sharing measures.

Key criticism

The main criticism was that the bill let some important biosecurity rules be made without the usual chance for the Senate to disallow them, reducing parliamentary oversight of executive power. That concern was raised by the Greens, the Coalition in the Senate and Senator David Pocock even though they still backed stronger biosecurity laws overall, while One Nation alone opposed the bill more broadly over expanded powers affecting people.

Who supported it?

Senator Anthony Chisholm introduced this bill. It passed on the voices.

Introduced in Senate 28 Sept 2022
Passed Senate 25 Nov 2022
Passed House 29 Nov 2022
Became law 05 Dec 2022

Did it become law?

Yes

Became law 05 Dec 2022

Final passage

Passed without a counted vote

Members called out ‘aye’ or ‘no’ — no individual votes were recorded.

Passage speed

68 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. Australia can now require incoming travellers to answer risk questions, be screened, or move to a checking area at airports and ports when a serious animal or plant disease threat is identified.

  2. The Agriculture Minister can now temporarily ban risky practices, require records or reports, and order testing of goods or aircraft and ships to stop serious pests or diseases spreading.

  3. Aircraft and vessel operators can now be required to file extra pre-arrival reports in set situations, giving border officials more up-to-date information before arrival.

  4. People in charge of incoming aircraft and ships, as well as operators, now face civil penalties if they break pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed. rules that control whether passengers or goods can disembark.

  5. The Act now creates a broader information-sharing framework so biosecurity information can be used or disclosed for official work, while unauthorised disclosure of protected information can trigger offences or civil penalties.

Show source excerpts
  1. (2) The Agriculture Minister may determine one or more requirements for individuals who are entering Australian territory at a landing place or port in accordance with Division 2 or 3 of Part 4 of this Chapter.
    Biosecurity Amendment (Strengthening Biosecurity) as-passed bill text
  2. (2) The Agriculture Minister may make a determination that specifies any one or more of the following biosecurity measures to be taken by specified classes of persons:
    Biosecurity Amendment (Strengthening Biosecurity) as-passed bill text
  3. (1A) The operator of the aircraft or vessel must give one or more other reports, as required by the regulations, in relation to the aircraft or vessel:
    Biosecurity Amendment (Strengthening Biosecurity) as-passed bill text
  4. After “An operator of an incoming aircraft or vessel”, insert “, or the person in charge of an incoming aircraft or vessel,”.
    Biosecurity Amendment (Strengthening Biosecurity) as-passed bill text
  5. Entrusted persons and certain other persons may commit an offence or be liable to a civil penalty if they use or disclose protected information other than in accordance with this Part.
    Biosecurity Amendment (Strengthening Biosecurity) as-passed bill text

Context

Broader context for this bill

Australia’s Biosecurity Act 2015The main law the bill changes. It sets the rules for managing biosecurity risks at Australia’s border and inside the country. already governed border controls, but the amplified threat of foot-and-mouth disease exposed gaps in how officials could screen incoming travellers, manage risks arriving by aircraft and ships, enforce pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed. rules and share operational information. The 2022 bill responded by expanding those powers and lifting penalties so biosecurity officers could intervene earlier at the border, and after Parliament passed it and Royal AssentThe formal step that turns a bill into law after Parliament passes it. was given, most of the changes were set to begin immediately or within six months for the delayed reporting and information-sharing measures.

  1. 28 Sept 2022

    Government introduces a bill to tighten border biosecurity powers

    The bill was introduced with the government saying the amplified threat of foot-and-mouth disease showed Australia needed stronger traveller screening, maritime and aviation controls, and tougher penalties under the Biosecurity Act.

    Biosecurity Amendment (Strengthening Biosecurity) explanatory memorandum ↗
  2. 25 Nov 2022

    Senate agrees to the bill with Government amendments

    The Senate agreed to the bill and 2 Government amendments, advancing measures to require risk information and screening from travellers and to let the Agriculture Minister impose temporary preventive biosecurity requirements.

    Parliamentary timeline ↗
  3. 29 Nov 2022

    Parliament passes the bill

    Both houses passed the bill, locking in expanded pre-arrival reportingInformation that aircraft and vessel operators must send before arriving in Australia so border officials can assess risk earlier., stronger pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed. enforcement and broader authorised information-sharing for biosecurity work.

    Parliamentary timeline ↗
  4. 05 Dec 2022

    Act receives Royal AssentThe formal step that turns a bill into law after Parliament passes it.

    Royal AssentThe formal step that turns a bill into law after Parliament passes it. turned the bill into law, with most amendments commencing the next day and the pratiqueThe border clearance a ship or aircraft needs before passengers or goods can disembark. The bill tightens the rules for when pratique can be refused or delayed., pre-arrival reportingInformation that aircraft and vessel operators must send before arriving in Australia so border officials can assess risk earlier. and information-sharing changes to start by proclamation or within six months.

    Parliamentary timeline ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 28 Sept 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 28 Sept 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 25 Nov 2022

The bill reached this recorded parliamentary step.

Senate second reading agreed 25 Nov 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate agreed to amendment packages 25 Nov 2022

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed 25 Nov 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 28 Nov 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 29 Nov 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 29 Nov 2022

The bill reached this recorded parliamentary step.

House second reading agreed 29 Nov 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed 29 Nov 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 29 Nov 2022

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 05 Dec 2022

The Governor-General gave Royal AssentThe formal step that turns a bill into law after Parliament passes it., turning the bill into an Act.

Key criticism

The main case against this bill

The main criticism was that the bill let some important biosecurity rules be made without the usual chance for the Senate to disallow them, reducing parliamentary oversight of executive power. That concern was raised by the Greens, the Coalition in the Senate and Senator David Pocock even though they still backed stronger biosecurity laws overall, while One Nation alone opposed the bill more broadly over expanded powers affecting people.

Most criticism was about safeguards and scrutiny, not the goal of stronger biosecurity.

Less Senate scrutiny of ministerial rules

Critics argued the bill would weaken parliamentary checks by exempting key delegated instruments from disallowanceThe Senate process for cancelling a delegated rule after it is made. Critics in the page say the bill removes this check for some biosecurity determinations., meaning important biosecurity rules could take effect without the usual Senate review. The concern was about oversight and balance between Parliament and the executive, not opposition to stronger biosecurity itself.

Raised by Peter Whish-Wilson, Paul Scarr and David Pocock Source ↗

Expanded powers over people at the border

One Nation argued the bill gave government too much power to control or quarantine classes of people, and said that was an unsafe expansion after the COVID period. This was a broader civil-liberties style objection to the human biosecurity powers in the bill.

Raised by Malcolm Roberts Source ↗

Further sources

parlinfo.aph.gov.au ↗

Votes

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

25 Nov 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

29 Nov 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

Senate

Carried

Concealed-goods penalty added

The Senate agreed to Government amendments adding a civil penaltyA financial penalty for breaking a rule, used here to enforce new biosecurity requirements without making every breach a criminal offence. for concealing conditionally non-prohibited goodsGoods that can be imported only if set conditions are met. The amendment on the page adds a penalty for hiding these goods from checks. from biosecurity officials.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

Carried

Biosecurity concealment amendment passes

The Senate Journal records the Government biosecurity concealment amendments as carried on voices, without a counted division.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Hansard record ↗

The parliamentary record also shows 2 Government amendments agreed without a counted division.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Anthony Chisholm

Australian Labor Party • Senator 28 Sept 2022

Chisholm supports the bill and says it is the next step in strengthening Australia’s biosecurity system against rising threats.

Read in Hansard ↗
Lead opposing voice Opposes

Malcolm Roberts

Pauline Hanson's One Nation Party • Senator 25 Nov 2022

Roberts says One Nation will oppose the bill because it would give governments more power to quarantine classes of people, which he says is a dangerous expansion of control after the COVID response.

Read in Hansard ↗
Lead supporting voice Supports

Bridget McKenzie

National Party • Senator 25 Nov 2022

McKenzie says the coalition will support the bill because it strengthens Australia’s biosecurity system, including risk management, reporting and penalties.

Read in Hansard ↗
Lead non-major voice Supports

David Pocock

Independent • Senator 25 Nov 2022

Pocock supports the bill because he wants stronger biosecurity laws, but he criticises the parts that reduce parliamentary oversight and says the government should not remove the Senate's review function.

Read in Hansard ↗

All speeches by bloc

Labor

6 speakers · 7 contributions · 6 support

  1. Brian Mitchell Mitchell supports the bill and says it is needed to strengthen Australia’s biosecurity response, especially against foot-and-mouth disease, by giving authorities stronger powers and penalties.
    “This bill will strengthen and improve Australia's biosecurity capabilities for the better. It will give power to authorities to act swiftly when required, to ensure that diseases such as FMD are kept far away from our livestock and our farms. It will protect Australia's human life, animal life and plant life as well as the environment and the economy. Importantly, it puts our best foot forward in the fight against the spread of risks into and around Australia, and it increases penalties for those who would flout or ignore our biosecurity measures. These are some of the most uncertain times and decades that we're living through, and the agriculture sector has on its side a government that is willing and ready to do all it can to protect agriculture.”

    Australian Labor Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  2. Rob Mitchell Mitchell supports the bill and says it is needed to strengthen penalties, information sharing and emergency powers so Australia can respond quickly to biosecurity threats.
    “I rise to support the Biosecurity Amendment (Strengthening Biosecurity) Bill 2022 and the important reforms it represents for protecting our nation and our economy.”

    Australian Labor Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  3. Anthony Chisholm ★ Chisholm supports the bill and says it is the next step in strengthening Australia’s biosecurity system against rising threats.
    “It must be fit to meet the challenges of the next decade and beyond, and this Bill is the next step in making that happen.”

    Australian Labor Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  4. Kristy McBain McBain supports the bill and says it is needed to modernise Australia's biosecurity system so the country can respond faster to exotic pests and diseases and protect farmers, regional communities and trade.
    “The bill before us strengthens the management of biosecurity risks posed by goods, vessels and travellers. This bill makes critical amendments to ensure we can respond quickly to concerns of disease being introduced to Australia through contaminated clothing, footwear and other goods of incoming travellers. It enables more effective sharing of important information across government agencies so that we can respond more quickly and effectively to those possible threats.”

    Australian Labor Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  5. Catherine King 2 contributions Ms King supports the bill, saying it will strengthen Australia’s biosecurity system with tougher penalties, better risk assessment and more effective reporting.

    Hansard records 2 separate contributions by Catherine King on this bill. They are grouped here so the speaker is listed once.

    Second reading speech Australian Labor Party • MP • 29 Nov 2022

    Ms King supports the bill, saying it will strengthen Australia’s biosecurity system with tougher penalties, better risk assessment and more effective reporting. She argues the changes are needed to respond to foot-and-mouth disease and other emerging threats and to protect farmers, trade and food security.

    “Australia's biosecurity system must be able to adapt and respond to these evolving risks. It must be fit to meet the challenges of the next decade, and this bill will help make that happen.”
    Read this contribution in Hansard ↗

    Second reading speech Australian Labor Party • MP • 29 Nov 2022

    Ms Catherine King supports the bill, saying it strengthens Australia’s biosecurity laws, penalties and information-sharing powers so the system can better respond to threats like foot-and-mouth disease. She argues it will keep the framework effective and fit for purpose in protecting animal and plant health, the environment and the economy.

    “Again, I thank all members for their contribution to debate on this bill. Passage of this bill will ensure that the biosecurity framework remains effective and responsive in protecting Australia's animal and plant health, environment and economy. This includes ensuring the biosecurity framework remains fit for purpose when responding to emerging biosecurity and human biosecurity risks. Again, I commend the bill to the House.”
    Read this contribution in Hansard ↗
  6. Murray Watt Watt supports the bill, saying it strengthens Australia’s biosecurity system with tougher powers, reporting rules and penalties to better manage threats like foot-and-mouth disease.
    “Passage of this bill will ensure that the biosecurity framework remains effective and responsive in protecting Australia's animal and plant health, environment and economy. This includes ensuring the biosecurity framework remains fit for purpose when responding to emerging biosecurity and human biosecurity risks. I foreshadow that I will be moving amendments at the appropriate time.”

    Australian Labor Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

Coalition

6 speakers · 6 support

  1. Bridget McKenzie ★ McKenzie says the coalition will support the bill because it strengthens Australia’s biosecurity system, including risk management, reporting and penalties.
    “Given the increased risks at our border with a major foot-and-mouth disease outbreak in Indonesia and the threat of varroa mite and lumpy skin disease, the federal coalition will always lend our support to outcomes that will strengthen our biosecurity system because we're a world leader. We commend the bill to the Senate.”

    National Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗
  2. Paul Scarr Scarr says the opposition will support the bill, but he argues strongly that the delegated instruments made under it should remain subject to parliamentary disallowanceThe Senate process for cancelling a delegated rule after it is made. Critics in the page say the bill removes this check for some biosecurity determinations. and scrutiny.
    “At the outset, I'll say that I do support the bill, and that is certainly the opposition's position. However, I also support everything that Senator Whish-Wilson just said in relation to the scrutiny process. This is an issue which is going to be progressed in some form over the life of this parliament. All senators in this place need to closely reflect upon it now, because there will become a time when these matters in relation to biosecurity legislation—indeed, any other legislation that exempts instruments from a disallowance process—are going to have to be considered by each and every senator in this place.”

    Liberal Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗
  3. Sam Birrell Sam Birrell supports the bill and says it strengthens Australia’s biosecurity controls, especially for travellers, aircraft and vessels, to reduce the risk of diseases and pests reaching the country.
    “I'm very pleased to support the Biosecurity Amendment (Strengthening Biosecurity) Bill 2022. This bill will amend the Biosecurity Act 2015, inserting some new measures to provide for increased protection against diseases and pests that pose an unacceptably high biosecurity risk of coming into this country and spreading through our states and territories.”

    National Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  4. Michael McCormack McCormack says the federal coalition supports the bill because it strengthens Australia’s biosecurity system, improves reporting and decision-making, and increases penalties for breaches.
    “Overall, these are sensible measures that the federal coalition will be supporting.”

    National Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  5. James Stevens James Stevens supports the bill and says biosecurity laws must be kept up to date so Australia can stay vigilant against future risks and new technology.
    “We've got to be ever vigilant about this. We've always got to update our legislation and do so in a way that ensures that we're aware of what risks there are and make sure that we look for changes, from a legislative point of view, that are needed to ensure that future risks and technology are taken into account in a way that—”

    Liberal Party • MP • 29 Nov 2022

    Read the full speech in Hansard ↗
  6. Slade Brockman Brockman says the opposition supports the bill because it strengthens biosecurity protections for travellers, improves reporting and information sharing, and raises penalties to better protect agriculture from threats like foot and mouth diseaseA highly contagious animal disease that is used in the page as the main example of the kind of threat the bill is meant to stop..
    “We particularly support the bill because it allows for new measures to manage biosecurity risk coming from travellers.”

    Liberal Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

Greens

1 speaker · 1 support

  1. Peter Whish-Wilson Whish-Wilson says the Greens support the bill, because they want stronger biosecurity laws.
    “We support the bill today; however, unlike the Nationals—and I heard nothing at all from their contribution—or the LNP, and presumably the Labor Party, we have some significant problems with this legislation. If I had my way, we would have been putting up substantive amendments today to deal with some issues in this legislation in committee. I'm happy to mention that we brought this up with Mr Littleproud's office, and I brought this up with my colleagues across the chamber. I refer senators to pages 49 to 55 of Scrutiny Digest 7 of 2022, which draws to the attention of the Senate the appropriateness of exempting instruments made under proposed section 196A, proposed section 196B and proposed section 393B from the usual parliamentary disallowance process and of including no-invalidity clauses at proposed section 196A and 393B.”

    Australian Greens • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

One Nation

1 speaker · 1 oppose

  1. Malcolm Roberts ★ Roberts says One Nation will oppose the bill because it would give governments more power to quarantine classes of people, which he says is a dangerous expansion of control after the COVID response.
    “And now you want more power—more power to put classes of people into quarantine. Who would they be? Non-vaccinated people? And you want power over people. You're not going to get it from One Nation. That's why we cannot support this.”

    Pauline Hanson's One Nation Party • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

  1. David Pocock ★ Pocock supports the bill because he wants stronger biosecurity laws, but he criticises the parts that reduce parliamentary oversight and says the government should not remove the Senate's review function.
    “I do support this bill and the increase in the strength of our biosecurity laws, given how critical biosecurity is to our country. We're a megadiverse country and an island nation, and we've seen the devastation of invasive species and diseases on our biodiversity, our agriculture and our economy. But there are clearly real issues with the lack of parliamentary oversight of some of the powers under this bill, as Senator Whish-Wilson and then Senator Scarr highlighted.”

    Independent • Senator • 25 Nov 2022

    Read the full speech in Hansard ↗

Record

Full record

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