Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (62 of 2015)

Schedule 4   Application, saving and transitional provisions commencing later

Part 5   Co-regulatory approvals and compliance agreements

Division 1   Co-regulatory approvals

47   Co-regulatory approvals in force before commencement day

Previous approvals continue as transitional approved arrangements

(1) This item applies in relation to an approval (the previous approval ) that was in force under section 46A of the Quarantine Act immediately before the commencement day.

Note: An approval that is taken to have been revoked immediately before the commencement day under item 49 will not be in force for the purposes of this item.

(2) The previous approval has effect, on and after the commencement day, as if it were an approval (the corresponding approval ) by the Director of Biosecurity, under section 406 of the Biosecurity Act, of an arrangement that provides for the holder of the previous approval to carry out the activities covered by the previous approval, at the place covered by the previous approval, to manage biosecurity risks associated with the class of goods covered by the previous approval.

Note 1: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the holder of the corresponding approval is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act).

Note 2: The approved arrangement may be renewed under item 48, or varied, suspended or revoked under Chapter 7 of the Biosecurity Act.

Approvals given subject to conditions

(3) If the previous approval was given subject to one or more conditions, the corresponding approval has effect subject to the same conditions.

Period during which transitional approved arrangement remains in force

(4) The approved arrangement (the transitional approved arrangement ) that is taken to exist because of subitem (2) ceases to be in force at the time (the cessation time ) when the relevant previous approval would have ceased to be in force, unless the arrangement:

(a) is renewed under item 48; or

(b) is revoked earlier under Part 5 of Chapter 7 of the Biosecurity Act.