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

51   Applications for co-regulatory approvals made before commencement day

(1) This item applies if:

(a) the owner or occupier of a place had made an application to a Director of Quarantine for an approval under section 46A of the Quarantine Act; and

(b) any prescribed fee required by that section had been paid before the commencement day; and

(c) the Director of Quarantine had not made a decision on the application before that day.

(2) The application is taken, on and after the commencement day, to be an application to the relevant Director under section 405 of the Biosecurity Act for approval of a proposed arrangement that provides for the applicant to carry out the activities specified in the application, at the place specified in the application, to manage biosecurity risks associated with the class of goods or other things specified in the application.

(3) Section 435 of the Biosecurity Act applies in relation to the application as if it had been received by the relevant Director on the commencement day.

(4) The following provisions of the Biosecurity Act do not apply in relation to the application or the proposed arrangement:

(a) paragraph 406(2)(a) (requirements for proposed arrangements);

(b) section 434 (requirements for applications);

(c) section 531 (requirement to provide personal information).

(5) Any fee required to be paid under the Biosecurity Act in relation to an application under section 405 of that Act is taken to have been paid.

(6) Section 410 of the Biosecurity Act applies in relation to the application as if the following paragraphs were added at the end of subsection (1):

; or (c) an application by a person (also the first person ) for an approval under section 46A of the Quarantine Act (as in force at any time before that Act was repealed) was refused; or

(d) an approval held by a person (also the first person ) under section 46A of the Quarantine Act (as in force at any time before that Act was repealed) was revoked under that section.