H5 bird flu, ticks near Taroom and fire ant fears across Queensland; they’re among the infamous examples of systemic risks in Australia’s biosecurity landscape. But as Queensland Government reforms serve to reduce the threat of harmful pests, weeds and diseases, legal exposure for producers who fail to act is growing.
Here is what has changed and what is now required.
Queensland was an early adopter in establishing a general biosecurity obligation under the Biosecurity Act 2014 (Qld), with other states following suit and driving greater legislative harmonisation across jurisdictions. The obligation requires anyone dealing with a biosecurity matter to take all reasonable and practical measures to prevent or minimise biosecurity risk. This means that producers, contractors and transport operators can all bear legal responsibility.
What does “reasonable and practical” mean?
The “general biosecurity obligation” is deceptively broad. In practice, “reasonable and practical steps” means:
- what a person in that position knew, or reasonably ought to have known; and
- all steps that were within their means to take.
Ignorance is not a defence. For Queensland producers, this means the obligation arises well before any formal government direction is issued.
What does this mean for producers?
Biosecurity compliance is no longer the government’s concern alone. Producers can face significant legal liability not only for active non-compliance, but also for a passive failure to act.
A $45,000 penalty – the largest ever imposed under the Biosecurity Act – was recently handed down for the transportation of stock without the required movement records or National Livestock Identification System notification.
What should producers do now?
- Review and update your farm biosecurity plan;
- Ensure all stock movement and traceability documents are current, accurate and accessible;
- Be aware of your notification obligations;
- Communicate clearly with contractors, employees and visitors about biosecurity protocols on your property; and
- Seek legal advice if you have received a biosecurity notice or if your obligations as a producer are unclear.
If you have questions about your biosecurity obligations or would like your current arrangements reviewed, contact the Thynne + Macartney Agriculture team.
This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.
