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BIOSECURITY ACT 2015 - SECT 164

Revoking notice releasing goods from biosecurity control

Revoking notice given by biosecurity officer

             (1)  A biosecurity officer may revoke a notice releasing goods from biosecurity control for the purposes of paragraph 162(1)(a) that was given to a person, by informing the person in writing or orally of the revocation. It does not matter whether the notice was given in writing (including by an automated electronic system) or orally.

Revoking notice given by biosecurity industry participant

             (2)  If a biosecurity industry participant gave a person in charge of goods a written notice for the purposes of paragraph 162(1)(b) releasing them from biosecurity control, the biosecurity industry participant or a biosecurity officer may revoke the notice by informing the person in writing of the revocation.

Grounds for revocation and timing of revocation

             (3)  Despite subsections (1) and (2), the biosecurity officer or biosecurity industry participant may revoke the notice only if:

                     (a)  he or she suspects on reasonable grounds that the level of biosecurity risk associated with the goods is unacceptable; and

                     (b)  the revocation occurs before any of the conditions in paragraphs 162(1)(c), (d) and (e) exist in relation to the goods.

Effect of revocation

             (4)  The revoked notice is taken never to have been given. This has effect for the purposes of this Act, except this section.

Written information of revocation is not a legislative instrument

             (5)  If the information of the revocation is in writing, the writing is not a legislative instrument.



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