Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 413

Relevant Director may vary or require variation of approved arrangement

  (1)   The relevant Director may, by written notice given to the biosecurity industry participant covered by an approved arrangement:

  (a)   vary the conditions of the arrangement (including by imposing new conditions); or

  (b)   require the biosecurity industry participant to vary the arrangement as specified in the notice.

Note:   A decision to vary the conditions of an approved arrangement, or to require an approved arrangement to be varied, is a reviewable decision (see Part   1 of Chapter   11).

  (2)   The relevant Director may give a notice to a biosecurity industry participant under subsection   (1) in relation to an approved arrangement if the Director is satisfied that:

  (a)   the arrangement no longer meets the requirements on the basis of which approval was given; or

  (b)   the biosecurity industry participant is no longer a fit and proper person (having regard to the matters referred to in section   530); or

  (c)   a condition of the arrangement has been contravened; or

  (d)   the level of biosecurity risk associated with the operation of the arrangement has changed; or

  (e)   a change needs to be made to the arrangement to correct a minor or technical error in the arrangement; or

  (f)   the arrangement needs to be varied for any other reason.

Notice of proposed decision

  (3)   The relevant Director must not give a notice to a biosecurity industry participant under subsection   (1) on a ground referred to in paragraph   (2)(a), (b), (c), (d) or (f) unless the Director has given a notice to the biosecurity industry participant under subsection   435A(1).


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