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BIOSECURITY ACT 2015 - SECT 406

Relevant Director must decide whether or not to approve proposed arrangement

  (1)   On receiving an application for approval of a proposed arrangement under section   405, the relevant Director must decide either:

  (a)   to approve the arrangement; or

  (b)   to refuse to approve the arrangement.

Note 1:   See section   435 for matters relating to dealing with applications.

Note 2:   If the relevant Director does not make a decision in relation to the application within the consideration period for the application, the Director is taken to have refused to approve the proposed arrangement at the end of that period (see subsection   435(2)).

Note 3:   A decision to refuse to approve a proposed arrangement is a reviewable decision (see Part   1 of Chapter   11).

Note 4:   If a proposed arrangement is approved, the biosecurity industry participant covered by the arrangement is authorised, for the purposes of this Act, to carry out biosecurity activities in accordance with the arrangement (see section   427).

  (2)   The relevant Director may approve the arrangement if the Director is satisfied, having regard to any matter that the Director considers relevant, that:

  (a)   the arrangement meets the requirements prescribed by the regulations; and

  (b)   the applicant for the approval is a fit and proper person (having regard to the matters referred to in section   530); and

  (c)   the level of biosecurity risk associated with the operation of the arrangement is acceptable.

  (3)   The relevant Director may approve the arrangement subject to any conditions the Director considers appropriate.

Note 1:   A decision to approve a proposed arrangement subject to conditions is a reviewable decision (see Part   1 of Chapter   11).

Note 2:   A condition may require a security to be given as referred to in section   407.


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