Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 273

Method of ballast water management--application for approval

             (1)  An application may be made, in accordance with the determination under section 308A, for the Director of Biosecurity to approve a method of ballast water management.

Note 1:       A method of ballast water management may be a ballast water treatment system, a prototype ballast water treatment system or some other method.

Note 2:       An application fee may be required (see paragraph 592(4)(b)).

             (2)  The Director of Biosecurity may, by written notice to the applicant:

                     (a)  grant the approval; or

                     (b)  refuse to grant the approval.

Note:          A decision to refuse to grant an approval is a reviewable decision (see Part 1 of Chapter 11).

             (3)  The Director of Biosecurity must make a decision under subsection (2) in accordance with the determination under section 308A.

Note:          The determination may prescribe matters by reference to other instruments as in force or existing from time to time (see section 308).

             (4)  The Director of Biosecurity must make a decision and give notice under subsection (2) before the end of 28 days after the application was made.

             (5)  If the Director of Biosecurity does not give notice under subsection (2) within the 28-day period referred to in subsection (4), the Director is taken to have refused to grant the approval at the end of that period.

             (6)  A copy of a notice granting an approval under subsection (2) must be published on the Agriculture Department's website.

Director of Biosecurity may require further information

             (7)  The Director of Biosecurity may, by written notice, require a person who has made an application under subsection (1) to give the Director further information about the application.

             (8)  If a notice is given under subsection (7):

                     (a)  the 28-day period referred to in subsection (4) stops on the day the notice is given; and

                     (b)  that period begins again on the day after the information is given to the Director.



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