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 2   Compliance agreements

54   Additional circumstances for variation, suspension or revocation of transitional approved arrangement

(1) This item applies if a compliance agreement that is taken to be a transitional approved arrangement because of subitem 52(3) provided, under subsection 66B(3) of the Quarantine Act, that in the circumstances (the relevant circumstances ) stated in the agreement, a Director of Quarantine may:

(a) cancel or vary the agreement; or

(b) suspend its operation for a period or until the happening of an event.

(2) The Director of Biosecurity may, in the relevant circumstances:

(a) give the biosecurity industry participant covered by the transitional approved arrangement a notice under subsection 413(1) of the Biosecurity Act (variation of an approved arrangement) in relation to the arrangement; or

(b) suspend the transitional approved arrangement, or a part of the arrangement; or

(c) revoke the transitional approved arrangement.

Note 1: The giving of a notice under subsection 413(1) of the Biosecurity Act would be permitted by paragraph 413(2)(f) of that Act.

Note 2: The powers given by paragraphs (2)(b) and (c) are in addition to the powers conferred by Parts 4 and 5 of Chapter 7 of the Biosecurity Act to suspend or revoke the transitional approved arrangement.

Suspension of all or part of transitional approved arrangement

(3) If the Director of Biosecurity proposes to suspend the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b), the Biosecurity Act applies in relation to the proposed suspension in the same way as it applies in relation to a proposed suspension of an approved arrangement, or a part of an approved arrangement, on a ground referred to in any of paragraphs 418(1)(a) to (e) of that Act.

Note: See, in particular, subsections 418(2) to (4) of the Biosecurity Act.

(4) If the Director of Biosecurity suspends the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b), the Biosecurity Act applies in relation to the suspension as if it had been done under subsection 418(1) of that Act on a ground referred to in any of paragraphs 418(1)(a) to (e) of that Act.

Note 1: See, in particular, sections 419 to 421 of the Biosecurity Act.

Note 2: A decision to suspend the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act.

Revocation of transitional approved arrangement

(5) If the Director of Biosecurity proposes to revoke the transitional approved arrangement under paragraph (2)(c), the Biosecurity Act applies in relation to the proposed revocation in the same way as it applies in relation to a proposed revocation of an approved arrangement on a ground referred to in any of paragraphs 423(1)(a) to (e) of that Act.

Note: See, in particular, subsections 423(2) to (4) of the Biosecurity Act.

(6) If the Director of Biosecurity revokes the transitional approved arrangement under paragraph (2)(c), the Biosecurity Act applies in relation to the revocation as if it had been done under subsection 423(1) of that Act.

Note 1: See, in particular, sections 424 to 426 of the Biosecurity Act.

Note 2: A decision to revoke the transitional approved arrangement under paragraph (2)(c) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act.