Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
Reprint as at 1 March 2016
Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
Public Act |
2014 No 11 |
|
Date of assent |
24 March 2014 |
|
Commencement |
see section 2 |
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry for Primary Industries.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014.
2 Commencement
(1)
The provisions imposing duties to use the JBMS (Joint Border Management System) to supply border information come into force on 1 July 2016 or an earlier date appointed by the Governor-General by Order in Council.
(2)
The provisions imposing duties to use the JBMS to supply border information are—
(a)
section 17 (which inserts section 7F of the Biosecurity Act 1993):
(b)
section 18(1) and the item in Part 2 of the Schedule that inserts section 4C of the Agricultural Compounds and Veterinary Medicines Act 1997:
(c)
section 18(2) and the item in Part 2 of the Schedule that inserts section 6B of the Animal Products Act 1999:
(d)
section 18(3) and the item in Part 2 of the Schedule that inserts section 8AAB of the Food Act 1981:
(e)
section 18(4) and the item in Part 2 of the Schedule that inserts section 97AB of the Hazardous Substances and New Organisms Act 1996:
(f)
section 18(5) and the item in Part 2 of the Schedule that inserts section 113B of the Wine Act 2003.
(3)
One or more orders may be made appointing different dates for different provisions.
(4)
Before the date appointed for a provision by an order, the order may be amended, revoked, or revoked and replaced.
(5)
The rest of this Act comes into force on the day immediately after the expiry of the period of 3 months that starts on the date on which this Act receives the Royal assent.
Principal Act
3 Principal Act
This Act amends the Biosecurity Act 1993 (the principal Act).
Trade Single Window amendments effective 3 months after assent
4 New section 7E inserted (Border information supplied using JBMS must be supplied in approved form and manner)
After section 7D, insert:
7E Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under an Act to supply to the Ministry any border information (as defined in section 41A(1)) if the Act is—
(a)
this Act; or
(b)
an Act that is specified by regulations under section 165A to be an Act for the purposes of the definition of Ministry-related border management function in section 41A(1).
(2)
Any person who uses the JBMS (which, in this section, has the meaning given in section 131A of the Customs and Excise Act 1996) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing,—
(i)
if the Act is this Act, by the Director-General; or
(ii)
if the Act is one specified by regulations under section 165A to be an Act for the purposes of the definition of Ministry-related border management function in section 41A(1), under that Act (as modified by this section) by the chief executive of the department of State responsible for the Act’s administration.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
5 Section 17 amended (Notice of craft’s intended arrival in New Zealand)
(1)
In the heading to section 17(5), after “notices”
, insert “, and supporting documentation”
.
(2)
After section 17(5), insert:
(5A)
Notices under this section must be accompanied by any supporting documents (being documents each of which is genuine, not erroneous, and not misleading) the Director-General may require.
6 New section 17A inserted (Inward cargo report)
After section 17, insert:
17A Inward cargo report
Craft and cargo to which section applies
(1)
This section applies to cargo (whether or not all or any of the cargo is goods that are, may be, or are not, risk goods) on a craft if the craft is—
(a)
en route to, or has arrived in, New Zealand (as defined in section 2(1) of the Customs and Excise Act 1996), from a point outside New Zealand (as so defined); or
(b)
carrying goods subject to the control of the Customs (as defined in section 20 of the Customs and Excise Act 1996) brought in that craft or any other craft from a point outside New Zealand (as defined in section 2(1) of the Customs and Excise Act 1996).
Inward cargo report
(2)
Every person responsible for the carriage of the cargo on the craft must give to the Director-General, before the prescribed deadline, a report on the cargo, unless a particular person of that kind is exempted from doing so because—
(a)
that person has been advised by the Director-General that 1 or more other persons of that kind have already done so; or
(b)
under this paragraph, and for another reason, the Director-General approves that person’s being exempted from doing so.
(3)
The prescribed deadline may differ depending on the class or description of the craft, or on the class or description of the person responsible, or both, and may be earlier than the otherwise applicable prescribed deadline if—
(a)
an emergency or an urgent situation has arisen; and
(b)
the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
(c)
the earlier giving of the report is necessary to avoid or mitigate the risk.
(4)
This section does not limit, and is not limited by, section 17(11)(b)(iii).
Persons who carry out duty to give report
(5)
A person is, for this section’s purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
(a)
the person in charge of the craft; or
(b)
a cargo aggregator (as defined in subsection (11)) who, in the course of that cargo aggregator’s business, has (in or outside New Zealand territory) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the craft’s owner or operator.
(6)
The duty of the person in charge of the craft to give the report may be performed, on that person’s behalf, by—
(a)
an owner of the craft; or
(b)
an operator of the craft; or
(c)
an agent of an owner of the craft; or
(d)
an agent of an operator of the craft.
Requirements for report
(7)
The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed.
(8)
The report must be accompanied by such supporting documents (being documents each of which is genuine, not erroneous, and not misleading) as the Director-General may require.
(9)
The prescribed information relating to the cargo, or supporting documents required under subsection (8), or both, may differ depending on the class or description of the craft.
Form and manner in which report given
(10)
The person who is carrying out the duty to give the report must ensure that it is given in an approved form and manner.
Cargo aggregator defined
(11)
Cargo aggregator, in subsection (5)(b), means a person who, for reward, aggregates cargo (being cargo to be carried for different people) for carriage together on a craft—
(a)
in bulk cargo containers, or otherwise; and
(b)
under a shared space, or other negotiated volume of cargo, arrangement with the craft’s owner or operator.
7 Section 41A amended (Definitions)
(1)
In section 41A, repeal the definition of biosecurity-related border management function, and insert in its appropriate alphabetical order:
Ministry-related border management function means—
(a)
any function, duty, or power imposed or conferred on the Ministry by or under this Part:
(b)
any other function, duty, or power imposed or conferred on the Ministry by or under this Act that is necessary—
(i)
to achieve the purpose of this Part; or
(ii)
for the administration of this Part:
(c)
any function, duty, or power imposed or conferred on the Ministry by or under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
(i)
the Food Act 1981:
(ii)
the Hazardous Substances and New Organisms Act 1996:
(iii)
the Agricultural Compounds and Veterinary Medicines Act 1997:
(iv)
the Animal Products Act 1999:
(v)
the Wine Act 2003:
(vi)
any other Act that is specified by the Governor-General, by Order in Council made under section 165A, to be an Act for the purposes of this definition
(2)
In section 41A, definition of border protection purpose, paragraph (a), replace “biosecurity-related”
with “Ministry-related”
.
(3)
In section 41A, replace the definition of computer system with:
computer system means the whole, or any part, of all or any of the 1 or more items described in the following paragraphs (each of which items includes all related input, output, processing, storage, software, or communication facilities, and stored data):
(a)
a computer:
(b)
2 or more interconnected computers:
(c)
any communication links between computers or to remote terminals or another device:
(d)
2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device
(4)
In section 41A, replace the definition of Joint Border Management System or JBMS with:
Joint Border Management System or JBMS has the meaning given in section 131A of the Customs and Excise Act 1996
(5)
In section 41A, insert as subsection (2):
(2)
For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—
(a)
with or without access information; and
(b)
whether or not either or both computers are currently turned on; and
(c)
whether or not access is currently occurring.
8 New section 41GAA inserted (Application of sections 41G to 41I)
Before section 41G, insert:
41GAA Application of sections 41G to 41I
(1)
Sections 41G to 41I apply to border information only on and after the date of expiry of the interim arrangements for information sharing (as that date of expiry is provided in section 282I(1) of the Customs and Excise Act 1996).
(2)
The interim arrangements for information sharing are the arrangements under all or any of the following:
(a)
sections 282E to 282H (and any agreements under section 282H) of the Customs and Excise Act 1996; and
(b)
sections 41B to 41E (and any agreements under section 41E) of this Act.
(3)
On that date of expiry (as provided in section 282I(1) of the Customs and Excise Act 1996), sections 41B to 41F, and the cross-heading above section 41B, are repealed.
9 Section 41I amended (Ministry may access border information)
In section 41I(1), replace “biosecurity-related”
with “Ministry-related”
.
10 Section 140 amended (Contents of levy order)
Replace section 140(1)(g) and (h) with:
(g)
on the rate of levy,—
(i)
whether there is to be a single rate or 2 or more different rates; and
(ii)
if there are to be 2 or more different rates, the things to which the different rates apply; and
(iii)
the maximum for each rate; and
(h)
how each actual rate of the levy is to be set (if, or insofar as, the order does not set each actual rate); and
11 Section 154N amended (Section 154N offences)
In section 154N(12)(a), after “17,”
, insert “17A,”
.
12 New section 154NA inserted (Section 154NA offence relating to failure to update information supplied in advance)
After section 154N, insert:
154NA Section 154NA offence relating to failure to update information supplied in advance
Application
(1)
This section applies to a person, and to information that the person supplies to the Director-General, the Ministry, or an official, if—
(a)
the person supplies the information for the purposes of an enactment in or made under this Act, and before the deadline prescribed by or under this Act for doing so; and
(b)
the information becomes erroneous, or misleading in a material particular, after it is supplied but before that deadline and before the person is notified of any decision made in response to the information.
Penalty: section 157(8) and (9)
(2)
The person commits an offence against this Act if the person—
(a)
knows, or ought reasonably to know, that the information has become erroneous or misleading in a material particular; and
(b)
fails to take all reasonable steps to supply to the Director-General, the Ministry, or an official, as soon as is reasonably practicable, replacement information that is not erroneous, or misleading in a material particular.
13 Section 157 amended (Penalties)
After section 157(7), insert:
(8)
Every person who commits an offence against section 154NA(2), and in doing so under section 154NA(2)(a) ought reasonably to have known that the information had become erroneous or misleading in a material particular, is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $1,000; or
(b)
in the case of a body corporate, to a fine not exceeding $5,000.
(9)
Every person who commits an offence against section 154NA(2), and in doing so under section 154NA(2)(a) knew that the information had become erroneous or misleading in a material particular, is liable on conviction,—
(a)
in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
(b)
in the case of a body corporate, to a fine not exceeding $50,000.
14 Section 165 amended (Regulations)
After section 165(1), insert:
(1A)
The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17A(2), (3), (7), and (9).
15 Section 165A amended (Regulations relating to definition of biosecurity-related border management function in section 41A)
(1)
In the heading to section 165A,—
(a)
replace “biosecurity-related”
with “Ministry-related”
; and
(b)
replace “41A”
with “41A(1)”
.
(2)
In section 165A,—
(a)
replace “biosecurity-related”
with “Ministry-related”
; and
(b)
replace “41A”
with “41A(1)”
.
16 Related amendments to other Acts specifying Ministry-related border management functions
The Acts specified in Part 1 of the Schedule are amended as specified in that Part.
Trade Single Window amendments effective on or before 1 July 2016
17 New section 7F inserted (Duty to use JBMS to supply border information to Ministry)
After section 7E (as inserted by section 4 of this Act), insert:
7F Duty to use JBMS to supply border information to Ministry
(1)
This section applies to a requirement by or under an Act to supply to the Ministry any border information (as defined in section 41A(1)) if the Act is—
(a)
this Act; or
(b)
an Act that is specified by regulations under section 165A to be an Act for the purposes of the definition of Ministry-related border management function in section 41A(1).
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS (which, in this section, has the meaning given in section 131A of the Customs and Excise Act 1996); or
(b)
by using another means for the time being generally or specifically approved in writing by—
(i)
the Director-General (as defined in section 2(1)), if the Act is this Act; or
(ii)
the chief executive of the department of State for the time being responsible for the Act’s administration, if the Act is an Act that is specified by regulations under section 165A to be an Act for the purposes of the definition of Ministry-related border management function in section 41A(1).
18 Further related amendments to other Acts specifying Ministry-related border management functions
(1)
The Agricultural Compounds and Veterinary Medicines Act 1997 is amended as specified in Part 2 of the Schedule.
(2)
The Animal Products Act 1999 is amended as specified in Part 2 of the Schedule.
(3)
The Food Act 1981 is amended as specified in Part 2 of the Schedule.
(4)
The Hazardous Substances and New Organisms Act 1996 is amended as specified in Part 2 of the Schedule.
(5)
The Wine Act 2003 is amended as specified in Part 2 of the Schedule.
Schedule Related amendments to other Acts specifying Ministry-related border management functions
Part 1Amendments effective 3 months after assent
Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)
After section 4A, insert:
4B Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing by the Director-General.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
(4)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.
Animal Products Act 1999 (1999 No 93)
After section 6, insert:
6A Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing by the Director-General.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
(4)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.
Food Act 1981 (1981 No 45)
After section 8, insert:
8AAA Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing by the Director-General.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
(4)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.
Hazardous Substances and New Organisms Act 1996 (1996 No 30)
After section 97A, insert:
97AA Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993 in enforcing this Act in respect of new organisms).
(2)
Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing by the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
(4)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.
Wine Act 2003 (2003 No 114)
After section 113, insert:
113A Border information supplied using JBMS must be supplied in approved form and manner
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
Any person who uses the JBMS (Joint Border Management System) to comply with the requirement (including, without limitation, by supplying the information to the Customs, or to an appointed agency, in accordance with section 41D or 41H of the Biosecurity Act 1993) must supply the information in a form and manner—
(a)
for complying with the requirement by using the JBMS; and
(b)
for the time being generally approved in writing by the Director-General.
(3)
The approved form and manner referred to in subsection (2)—
(a)
must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
(b)
may be set out, for the information of registered JBMS users, in Customs rules under section 288(1)(j) of the Customs and Excise Act 1996.
(4)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993.
Part 2Amendments effective on or before 1 July 2016
Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87)
After section 4B (as inserted by Part 1 of this schedule), insert:
4C Duty to use JBMS to supply border information
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS; or
(b)
by using another means for the time being generally or specifically approved in writing by the Director-General.
(3)
In this section,—
border information and JBMS have the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993
Director-General has the meaning given in section 2(1) of this Act
Ministry has the meaning given in section 41A(1) of the Biosecurity Act 1993 and also has the meaning given in section 2(1) of this Act.
Section 4C(3): replaced, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Animal Products Act 1999 (1999 No 93)
After section 6A (as inserted by Part 1 of this schedule), insert:
6B Duty to use JBMS to supply border information
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS; or
(b)
by using another means for the time being generally or specifically approved in writing by the Director-General.
(3)
In this section,—
border information and JBMS have the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993
Director-General has the meaning given in section 4(1) of this Act
Ministry has the meaning given in section 41A(1) of the Biosecurity Act 1993 and also has the meaning given in section 4(1) of this Act.
Section 6B(3): replaced, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Food Act 1981 (1981 No 45)
After section 8AAA (as inserted by Part 1 of this schedule), insert:
8AAB Duty to use JBMS to supply border information
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS; or
(b)
by using another means for the time being generally or specifically approved in writing by the Director-General.
(3)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993, and Director-General has, in this section, the meaning given by section 2 of this Act.
Hazardous Substances and New Organisms Act 1996 (1996 No 30)
After section 97AA (as inserted by Part 1 of this schedule), insert:
97AB Duty to use JBMS to supply border information
(1)
This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993 in enforcing this Act in respect of new organisms).
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS; or
(b)
by using another means for the time being generally or specifically approved in writing by the responsible person.
(3)
Border information, JBMS, and Ministry have, in this section, the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993, and responsible person means, in this section, the person (whether described as the enforcement agency or otherwise) who under sections 97 to 97B of this Act is responsible for enforcement of the requirement.
Wine Act 2003 (2003 No 114)
After section 113A (as inserted by Part 1 of this schedule), insert:
113B Duty to use JBMS to supply border information
(1)
This section applies to a requirement by or under this Act to supply to the Ministry any border information.
(2)
After the commencement of this section, the only ways in which a person can comply with the requirement are—
(a)
by using the JBMS; or
(b)
by using another means for the time being generally or specifically approved in writing by the Director-General.
(3)
In this section,—
border information and JBMS have the meanings given or referred to in section 41A(1) of the Biosecurity Act 1993
Director-General has the meaning given in section 4(1) of this Act
Ministry has the meaning given in section 41A(1) of the Biosecurity Act 1993 and also has the meaning given in section 4(1) of this Act.
Section 113B(3): replaced, on 1 March 2016, by section 447 of the Food Act 2014 (2014 No 32).
Reprints notes
1 General
This is a reprint of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Food Act 2014 (2014 No 32): section 447