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

56   Applications to enter compliance agreement - no decision made before commencement day

(1) This item applies if:

(a) a person had made an application to a Director of Quarantine to enter into a compliance agreement with the Commonwealth under section 66B of the Quarantine Act; and

(b) the Director of Quarantine had not made a decision on the application before the commencement 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 procedures specified in the application to manage biosecurity risks associated with the 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 requirement under the Biosecurity Act to pay a fee does not apply in relation to the application.

(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 ) to enter into a compliance agreement with the Commonwealth, under section 66B of the Quarantine Act 1908 (as in force at any time before that Act was repealed), was refused; or

(d) a compliance agreement entered into by the Commonwealth and another person (the first person ), under section 66B of the Quarantine Act 1908 (as in force at any time before that Act was repealed), was cancelled.