1	Title
2	Commencement
3	Principal Act
4	New section 17AA inserted (Information about biosecurity law for passengers on certain incoming craft)
	17AA	Information about biosecurity law for passengers on certain incoming craft
5	Section 154N amended (Section 154N offences)
6	Section 157 amended (Penalties)
7	Section 165 amended (Regulations)
	Legislative history
	Administrative information

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Biosecurity (Information for Incoming Passengers) Amendment Act 2022.

2 Commencement

(1)

This Act comes into force on a single date set by Order in Council.

(2)

If the Act has not come into force by the first anniversary of Royal assent, it comes into force then.

(3)

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
Publication	PCO must publish it on the legislation website and notify it in the Gazette	LA19 s 69(1)(c)
Presentation	The Minister must present it to the House of Representatives	LA19 s 114
Disallowance	It may be disallowed by the House of Representatives	LA19 ss 115, 116
This note is not part of the Act.

3 Principal Act

This Act amends the Biosecurity Act 1993 (the principal Act).

4 New section 17AA inserted (Information about biosecurity law for passengers on certain incoming craft)

After section 17, insert:

17AA Information about biosecurity law for passengers on certain incoming craft

(1)

This section applies to a large commercial craft that is en route to New Zealand territory from a point outside New Zealand territory on a flight or voyage that is intended to include arrival in New Zealand.

(2)

Before the craft arrives in New Zealand, the person in charge of the craft must—

(a)

provide information to the craft’s passengers about the biosecurity law relevant to arrival in New Zealand, as required by regulations made under this Act; and

(b)

give the Director-General notice that the information has been provided, as required by the regulations (if at all).

(3)

Regulations may do any of the following:

(a)

require the information to include specified content or details:

(b)

require the information to be provided in a specified—

(i)

form or manner (for example, with translations); or

(ii)

medium (for example, written, audiovisual, or electronic):

(c)

specify criteria that a record of the information in any particular medium (for example, an audiovisual recording) must satisfy:

(d)

authorise the Director-General to provide a record of the information in any particular medium for use by any person under subsection (2)(a):

(e)

authorise the Director-General to approve a person’s record of the information in any particular medium for use by the person under subsection (2)(a), or to revoke an approval:

(f)

specify how long before a craft’s arrival in New Zealand the information must be provided:

(g)

require notice to be given under subsection (2)(b), and specify its content, the form or manner in which it must be given, and when it must be given.

(4)

In this section, large commercial craft means a craft that—

(a)

is a commercial craft as defined by section 4 of the Immigration Act 2009; and

(b)

has 20 or more passengers (which excludes crew) on board.

Compare: Biosecurity Act 2015 s 220 (Aust)

5 Section 154N amended (Section 154N offences)

After section 154N(20), insert:

Penalty: section 157(6A)

(20A)

A person commits an offence against this Act who fails to comply with—

(a)

section 17AA; or

(b)

regulations made under section 165(1AA).

6 Section 157 amended (Penalties)

After section 157(6), insert:

(6A)

Every person who commits an offence against section 154N(20A) is liable on conviction,—

(a)

in the case of an individual person, to a fine not exceeding $1,000:

(b)

in the case of a corporation, to a fine not exceeding $5,000.

7 Section 165 amended (Regulations)

After section 165(1), insert:

(1AA)

The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17AA(2) and (3).

Legislative history

25 March 2021		Introduction (Bill 22–1)
30 June 2021		First reading and referral to Primary Production Committee
2 December 2021		Reported from Primary Production Committee (Bill 22–2)
16 March 2022		Second reading
21 September 2022		Committee of the whole House
19 October 2022		Third reading
21 October 2022		Royal assent

This Act is administered by the Ministry for Primary Industries.

Biosecurity (Information for Incoming Passengers) Amendment Act 2022