Navigation path
Acts administered by Biosecurity Queensland
The following provides summary versions and main applications of the Acts administered by Biosecurity. Full text of all legislation is available from the Parliamentary Counsel.
On this page:
- Agricultural and Veterinary Chemicals (Queensland) Act 1994
- Agricultural and Veterinary Chemical (Administration) Act 1992 (Cwth)
- Animal Care and Protection Act 2001
- Apiaries Act 1982
- Biological Control Act 1987
- Brands Act 1915
- Chemical Usage (Agricultural and Veterinary) Control Act 1988
- Drugs Misuse Act 1986 (Part 5B only)
- Exotic Diseases in Animals Act 1981
- Land Protection (Pest & Stock Route Management) Act 2002 (except Chapter 3)
- Plant Protection Act 1989
- Stock Act 1915
- Veterinary Surgeons Act 1936
Agricultural Chemicals Distribution Control Act 1966
The Agricultural Chemicals Distribution Control Act 1966 (ACDC Act) controls the aerial distribution of agricultural chemicals from aircraft and ground distribution of herbicides (a subset of agricultural chemicals) from ground equipment. Controls include licensing businesses and their operators carrying out the aerial or ground distribution.
This act provides for the issue of the following licences:
- an aerial distribution contractor licence to a business employing or engaging an agricultural pilot to distribute agricultural chemicals from aircraft
- a pilot chemical rating licence to the agricultural pilot in command of an aircraft distributing agricultural chemicals on behalf of, or under the direction of, an aerial distribution contractor
- a ground distribution contractor licence to a business employing or engaging a commercial operator to distribute herbicides from ground equipment, and a commercial operator's licence to a commercial operator distributing herbicides from ground equipment, on land that a person or their near relatives do not own or occupy, on behalf of, or under the direction of, a ground distribution contractor or an aerial distribution contractor.
The Act also provides for the declaration of special areas called hazardous areas, where conditions apply to the aerial or ground distribution of certain agricultural chemicals capable of causing damage to crops or where there is restricted distribution requiring special permits for the use of certain agricultural chemicals.
The supporting subordinate legislation is the Agricultural Chemicals Distribution Control Regulation 1998 .
Agriculture and Veterinary Chemicals (Queensland) Act 1994
This Act makes certain Commonwealth laws about agricultural and veterinary chemical products law in Queensland, and operates in conjunction with the:
- Agricultural and Veterinary Chemicals Act 1994 (Cwth)
- Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwth)
- Agricultural and Veterinary Chemicals Code Act 1994 (Cwth).
It grants the Australian Pesticides and Veterinary Medicines Authority (APVMA) power to carry out its functions in Queensland. It allows the controls relating to the approval and registration of agricultural and veterinary chemicals to apply in Queensland.
Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwth)
The Agricultural and Veterinary Chemicals (Administration) Act 1992 establishes Australian Pesticides and Veterinary Medicines Authority (APVMA). It defines the functions and powers, and details financial and functional operational conditions under which the organisation operates. It also sets the parameters for the import and export of agricultural and veterinary chemicals into and out of Australia.
Agricultural Standards Act 1994
The Agricultural Standards Act 1994 provides for standards to be made about agriculture, including standards that regulate the sale and supply, and limited use aspects, of agricultural requirements (e.g. fertilisers, stock foods and seeds for planting), as well as the sale and use of hormonal growth promotants.
Under the Act:
- agricultural requirements must be labelled in accordance with a standard or regulation
- false or misleading statements about agricultural requirements and the certain characteristics in relation to the sale of livestock are prohibited
- harmful or prohibited substances for agricultural requirements are prescribed under regulation.
The supporting subordinate legislation is the Agricultural Standards Regulation 1997.
Animal Care and Protection Act 2001
The Animal Care and Protection Act 2001 governs the treatment of all vertebrate animals (except humans) in Queensland.
This Act promotes responsible animal care and use, provides standards for animal care and use, protects animals from cruelty and safeguards the welfare of animals used for scientific purposes.
This is in line with the Queensland community's expectations that animals should be treated humanely regardless of the animal type or use.
The Act is proactive and focuses on education to improve welfare for animals. However, it does establish strong penalties for people who are cruel to animals.
Through the adoption of nationally recognised animal welfare standards published as codes of practice, the Act also helps Queensland's animal industries and animal user groups show that they meet community and market expectations in maintaining agreed animal welfare standards. These codes outline minimum acceptable animal welfare standards for particular species or animal use situations, and document agreed standards of care and management.
Biosecurity Queensland, through biosecurity inspectors and veterinary officers, and the RSPCA enforce the Act. Police officers are also able to respond to animal welfare complaints.
The supporting subordinate legislation is the Animal Care and Protection Regulation 2002 .
Apiaries Act 1982
The Apiaries Act 1982 authorises the appointment of inspectors and honorary inspectors, and gives them powers of entry, investigation and enquiry to question, stop and detain, direct compliance, or exercise any other prescribed power.
The Act also regulates and controls the keeping of bees through the registration of beekeepers, permits for bringing bees into Queensland, registration and classification of apiaries, obligations on apiarists, removal of bee hives and prohibited apiary sites. The Act also contains specific disease notification, prevention and control measures to prevent, control or restrict diseases affecting bees.
A number of offences are also created and limited liability to the Crown, ministers and officers. Compensation, and recovery of costs and expenses, are also addressed in 'Part 5 - General' of the Act.
The Apiaries Regulation 1998 provides details relating to the regulation of beekeeping in the state, including exclusion of parts of the state from specified sections of the Act, apiary classification and hive branding. The regulation also places obligations on persons aimed at disease prevention, control or restriction based upon notifiable obligations, restrictions on the introduction of queen bees and escort bees, other introduction provisions and dealing with pests and diseases, infected matter or things.
The regulation also provides appeal rights for certain decisions of decisionmakers, and includes a schedule of fees and schedules of diseases (including bacteria, fungi, protozoa, viruses, parasites and pests), parts of the state excluded from the specified sections of the Act and a schedule of notifiable diseases. The regulation also prohibits the introduction of Africanised strains of honey bees and prescribes a beekeeping registration fee payable by all beekeepers in the state.
Biological Control Act 1987
The Biological Control Act 1987 provides for the biological control of agricultural pests to protect the environment. This Act is jointly administered by Biosecurity Queensland and the Department of Environment and Resource Management.
The Act provides for the case of biological control agents to control agricultural pests through the declaration of target organisms, and the declaration and release of agent organisms to combat them.
The Act also establishes the Queensland Biological Control Authority, and prescribes its powers and functions. The Queensland Biological Control Authority may establish a Commission of Inquiry to inquire into matters relating to target organisms or agent organisms. Fines and/or imprisonment may be imposed for offences that relate to the proceedings of the Commission of Inquiry, including false evidence or failure of witnesses to attend. An appeal may be made to the Land Court against a Queensland Biological Control Authority decision.
The Act provides a link with complementary legislation in the other states and the Northern Territory to ensure a uniform approach to biological control throughout Australia.
Brands Act 1915
The Brands Act 1915 describes the types of brands and earmarks that can legally be used on horses, cattle, sheep, pigs and goats in Queensland. It provides for proof of ownership of all stock marked with a registered brand or earmark. The brands system has a secondary role that facilitates trace-back and control of disease in cattle and pigs.
All cattle and pigs sold must be branded with a registered brand. A brand return form must be completed annually to ensure brand particulars are kept current in the brand registers.
The supporting subordinate legislation is the Brands Regulation 1998.
Chemical Usage (Agricultural and Veterinary) Control Act 1988
This Act controls the use of certain chemicals and substances that have chemical residues in or on them. It states that chemical users must follow the labelled instruction but has some flexibility regarding application rates and target pests. In 2003, an amendment to the Act created obligations for veterinary surgeons using or prescribing veterinary chemical products on animals. The Act provides specific controls over the use of veterinary chemical products on food-producing animals.
It prohibits the use of unregistered chemical products except where:
- the person using them has an APVMA permit
- the chemical being used has been declared exempt by regulation.
The Act also deals with the use of chemicals from unlabelled containers, disposal of chemical packaging and recall of chemical products.
The supporting subordinate legislation is the Chemical Usage (Agricultural and Veterinary) Control Regulation 1999.
Drugs Misuse Act 1986 (Part 5B only)
'Part 5B' of the Drugs Misuse Act 1986 deals with the commercial production of industrial cannabis. This part of the Act facilitates the processing and marketing of, and trade in, industrial cannabis fibre and fibre products, and industrial cannabis seed and seed products. This does not include the production of such products for a purpose directly or indirectly of producing anything for the administration to, consumption or smoking by any person.
These objects may be achieved by allowing the commercial production of industrial cannabis fibre and seed or research into the use of industrial cannabis as a commercial fibre and seed crop under controlled conditions.
Controlled conditions for commercially producing and researching industrial cannabis under the Act include licensing growers and researchers, and providing people such as inspectors, Biosecurity Queensland researchers, carriers, analysts, manufacturers and denaturers (authorised persons), the family members of licence holders and the employees of authorised persons to be authorised to possess, supply, produce or transport industrial cannabis, as the case may be.
This Act contains strict eligibility and suitability requirements on licence applicants wishing to grow or carry out research of industrial cannabis. It requires both licence holders and authorised persons to meet a range of conditions attached to their licence or authorisations when carrying out activities associated with commercial industrial cannabis production.
The supporting subordinate legislation is the Drugs Misuse Regulation 1987.
Exotic Diseases in Animals Act 1981
The Exotic Animal Diseases Act 1981 provides for the control, eradication and prevention of exotic diseases in animals. Exotic diseases, sometimes called foreign diseases, are diseases that do not normally occur in this country and, for the purposes of this Act, have been declared to be exotic diseases. Only a small number of diseases have been declared. These tend to be those diseases most significant to Queensland.
The Act also provides for compensation to be paid to owners for loss or destruction of animals and property during outbreaks of exotic diseases, and establishes an exotic diseases expenses and compensation fund.
Inspectors under this Act include inspectors appointed under the Stock Act 1915 and include people acting under an inspector's direction.
Inspectors have powers to monitor and enforce compliance with the Act. Powers are generally more extensive than those possible under the Stock Act 1915, reflecting the emergency nature of this Act.
Although quarantines have been imposed while suspicions of exotic diseases were being eliminated, the full facilities of this Act have been used only once, in 1994, to allow an outbreak of avian influenza to be quickly eradicated.
The supporting subordinate legislation is the Exotic Diseases in Animals Regulation 1998 .
Land Protection (Pest and Stock Route Management) Act 2002
The Land Protection (Pest and Stock Route Management) Act 2002 provides a framework and powers for improved management of weeds and pest animals. It governs the actions of everyone with respect to the control and management of declared plants and animals in the state. It also provides local governments with the legal instrument they need to enforce the management of high-priority weeds and pest animals.
This legislation is administered by Biosecurity Queensland to ensure the fight against invasive pests in Queensland is coordinated and consistent, and does not waste precious resources.
An important function of the Act is the ability to declare plants and animals that are considered serious or potentially serious pests in Queensland. Biosecurity Queensland imposes a range of restrictions on declared plants and animals in Queensland (including introduction, possession and sale) but allows certain activities under declared pest permits.
The supporting subordinate legislation is the Land Protection (Pest and Stock Route Management) Regulation 2003. This regulation includes establishing the purposes for keeping declared species and which species can be kept under permit, as well as declaring the pest plants and pest animals for control and management in the state.
Plant Protection Act 1989
The Plant Protection Act 1989 is focused on preventing, controlling and removing pest infestations of plants and for related purposes. Its aims to:
- prevent, control or remove pest infestations of plants in Queensland
- help other jurisdictions prevent, control or remove plant pests, diseases, pest infestations, infections or conditions
- facilitate the movement of plants into and out of Queensland.
The Act provides for pests to be prescribed and for pest-deeming provisions based upon proximity, mode of spread and likelihood of spread. It also provides powers to prohibit or restrict the introduction into and spread within Queensland of any declared pest by Ministerial Notice or Regulation.
It provides powers to declare crop districts and pest quarantine areas together with prohibitions, restrictions or obligations, including notification obligations. Inspectors have special powers to direct landholders to quarantine, destroy, remove, treat or take prescribed measures for the purposes of the Act.
The Act also provides for accreditation and intergovernmental agreements to ensure the integrity and mutual recognition of acceptable assurance certificates, and a review process of administrative decisions.
The supporting subordinate legislation is the Plant Protection Regulation 2002 and Plant Protection (Approved Sugarcane Varieties) Declaration 2003.
Stock Act 1915
The Stock Act 1915 provides broad measures to control the spread of disease in stock, including the regulation of intrastate and interstate movement of stock and animal products.
It also provides specific measures to control and eradicate the spread of disease. It identifies notifiable diseases, and specifies notification requirements and procedures.
Authorised inspectors have powers to monitor and enforce compliance with the Act. These include entry and inspection of premises, vehicles and vessels, and seizure of evidence where offences are suspected, including power to impound and quarantine stock. They may cancel permits if there is a likely spread of disease.
The supporting subordinate legislation is the Stock Regulation 1988, Stock Identification Regulation 2005 and Stock (Cattle Tick) Notice 2005.
Veterinary Surgeons Act 1936
Anyone wishing to practise veterinary science in Queensland must register with the Veterinary Surgeons Board of Queensland in accordance with the Veterinary Surgeons Act 1936.
The Act states that only a person with accepted veterinary qualifications can be registered.
Once registered, a person is subject to prescribed standards of practice and behaviour. The Veterinary Surgeons Board has power under the Act to regulate those standards.
The board can also initiate legal proceedings against non-registered people who perform veterinary procedures in exchange for a fee or reward.
This Act also states that all veterinary premises must be approved by the Veterinary Surgeons Board.
The supporting subordinate legislation is the Veterinary Surgeons Regulation 2002 .
See comprehensive detail on the regulation of veterinary science in Queensland on the Veterinary Surgeons Board of Queensland website.
