Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 308A

  (1)   The Director of Biosecurity may, by legislative instrument, make a determination prescribing matters:

  (a)   required or permitted by this Chapter to be prescribed by the determination; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Chapter.

Note:   The power to make the determination must not be delegated (see paragraph   542(1)(b)).

  (2)   Without limiting subsection   (1), the determination may provide for any one or more of the following:

  (a)   the Director of Biosecurity to enter into agreements;

  (b)   the Director of Biosecurity to make decisions;

  (c)   the Director of Biosecurity to determine matters by notifiable instrument.

Note:   The decisions may be reviewable (see subsection   574(2)).

  (3)   To avoid doubt, the determination may not do the following:

  (a)   create an offence or civil penalty;

  (b)   provide powers of:

  (i)   arrest or detention; or

  (ii)   entry, search or seizure;

  (c)   impose a tax;

  (d)   set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

  (e)   directly amend the text of this Act.

  (4)   A determination that is inconsistent with the regulations has no effect to the extent of the inconsistency, but the determination is taken to be consistent with the regulations to the extent that the determination is capable of operating concurrently with the regulations.

  (5)   This section does not limit section   645 (regulations).