Biosecurity Officers Can Now Access and Copy Data from Electronic Devices; Stricter Fit and Proper Person Tests for Approvals; Fines for Failing to Report Changes to Personal Circumstances
Agriculture Legislation Amendment (Biosecurity and Export Control) Bill 2026
House of Representatives
Senate
Assent
Topics
criminal penalties data privacy law enforcement police powers privacy professional licensing public safety
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Biosecurity officers can now use computers, phone companies, and other electronic devices to find and access data during investigations. They can add, copy, delete, or alter data if it is necessary to see if a device should be seized.
Biosecurity officers can access account-based data belonging to the owner, user, or lessee of a computer (including deceased persons). They can use external computers or communications in transit to get this data if it is reasonable to do so.
Biosecurity officers can seize hardware or printed versions of data if they find evidential material. They can only physically seize electronic equipment if it is not practical to copy the data or if the owner having the equipment would be a crime.
Biosecurity officers can move items found during a search to another location for examination if the owner agrees in writing or if it is significantly cheaper and faster than testing them on-site. Computers and data devices can be moved for up to 30 days, and other items for up to 14 days.
The owner of a premises must be told if an officer applies to keep a moved item for longer than the standard time limit. The owner has the right to be heard on the application before a decision is made.
Biosecurity officers can now take, test, and analyse samples of any thing found on premises they have entered under a warrant.
Biosecurity officers must destroy any data they accessed during an investigation once it is no longer needed.
Biosecurity officers can conduct electronic examinations in secret without telling the occupier or letting them be present if they believe it would endanger someone or hurt the investigation.
The Director of Biosecurity and the Director of Human Biosecurity will now use a stricter 'fit and proper person' test for approvals. They can consider any charges, convictions, or fines from the last 10 years, including those under the Criminal Code and Crimes Act, regardless of whether they relate to cross-border trade.
The Director of Biosecurity and the Director of Human Biosecurity can also consider if a person or their associate gave false or misleading information when deciding if they are a fit and proper person.
People subject to the 'fit and proper person' test under biosecurity and export laws must tell the Department of Agriculture, Fisheries and Forestry if their circumstances change. Failing to notify the Director of Biosecurity, the Director of Human Biosecurity, or the Secretary of the Department of Agriculture, Fisheries and Forestry carries a fine of up to 60 penalty units (2026: $21,840).
Export licence applications will be treated as if they were never submitted if the applicant fails to provide the required 'fit and proper person' information.