Migration Amendment (Biosecurity Contravention) Regulations 2023 dated 26 October 2023 amends the Migration Regulations 1994 to expand the cancellation ground for specified visa (visitor, student and temporary work visas) where the visa holder has contravened provisions of the Biosecurity Act.
Migration Regulations prescribes grounds for cancellation of a visa for contraventions of certain provisions of the Biosecurity Act. This provision allows the Minister to cancel certain listed types of temporary visa which includes visitor, student, working holiday, maritime crew and temporary work visas, if the visa holder is in Australia and has not been immigration cleared, and the Minister reasonably believes that the visa holder has contravened the following subsections of the Biosecurity Act:
- 126(2): not answering questions or providing information in relation to goods when requested by a biosecurity official
- 128(2): not following directions given by a biosecurity officer in relation to goods or baggage
- 532(1): knowingly providing false or misleading information to a biosecurity official or omitting information when asked
- knowingly producing a false or misleading document, including an Incoming Passenger Card or Crew Declaration, to a biosecurity official.
The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment.
The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations to expand the cancellation ground for specified visa (visitor, student and temporary work visas) where the visa holder has contravened subsection 186A(1) of the Biosecurity Act. Subsection 186A(1), provides that a person is liable to a civil penalty if:
- they bring or import conditionally non-prohibited goods into Australian territory; and
- a condition in relation to such goods has not been complied with; and
- the goods are concealed for the purpose of preventing the goods from being found, or preventing the true nature of the goods from being determined by a biosecurity official.
Conditionally non-prohibited goods may include goods such as meat or meat products, live animals and animal reproductive material, live plants, seeds, animal material and goods made of or containing animal material, plant products and goods containing or made of plants, infectious agents and microorganisms, and fungi and goods containing or made of fungi.
The instrument is registered on the Federal Register of Legislation 0n 31 October 2023 and commenced on 1 November 2023. It is currently in force.
To access the instrument, click here.
