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BIOSECURITY ACT 2015 - SECT 417

Biosecurity industry participant may request relevant Director to suspend all or part of approved arrangement

             (1)  A biosecurity industry participant may request the relevant Director to suspend an approved arrangement, or a part of an approved arrangement, covering the biosecurity industry participant.

Note:          A request might be made under this subsection if, for example, a biosecurity industry participant does not have personnel with appropriate qualifications or expertise to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant.

Requirements for request

             (2)  A request under subsection (1):

                     (a)  must be in writing; and

                     (b)  must specify whether the whole or a specified part of the approved arrangement is to be suspended; and

                     (c)  must specify a proposed date for the suspension to take effect (which must not be before the end of the notice period prescribed by the regulations); and

                     (d)  must specify the period of the suspension; and

                     (e)  must include any other information prescribed by the regulations.

Request to suspend whole of approved arrangement

             (3)  If the relevant Director receives a request from a biosecurity industry participant under subsection (1) to suspend an approved arrangement covering the biosecurity industry participant, the Director must, by written notice to the biosecurity industry participant, suspend the approved arrangement for the period specified in the notice.

Request to suspend part of approved arrangement

             (4)  If the relevant Director receives a request from a biosecurity industry participant under subsection (1) to suspend a part of an approved arrangement covering the biosecurity industry participant, the Director must, within the period prescribed by the regulations:

                     (a)  decide whether to suspend the part of the approved arrangement as requested; and

                     (b)  notify, in writing, the biosecurity industry participant of the decision.

Note 1:       If the relevant Director is not satisfied that it is appropriate to suspend a part of an approved arrangement as requested, the relevant Director may decide to:

(a)    vary the conditions of the arrangement or require the biosecurity industry participant to vary the arrangement under section 413; or

(b)    suspend the whole of the arrangement under Division 2 of this Part; or

(c)    revoke the arrangement under Division 2 of Part 5.

Note 2:       A decision to refuse to suspend a part of an approved arrangement is a reviewable decision (see Part 1 of Chapter 11).

Note 3:       If an approved arrangement, or a part of an approved arrangement is suspended under this section, the biosecurity industry participant covered by the arrangement is not authorised, for the purposes of this Act, to carry out biosecurity activities to the extent to which the arrangement, or the part of the arrangement, is suspended (see subsection 427(1)).

             (5)  If:

                     (a)  the relevant Director receives a request from a biosecurity industry participant under subsection (1) to suspend a part of an approved arrangement covering the biosecurity industry participant; and

                     (b)  the Director does not make a decision in relation to the request within the period prescribed by the regulations for the purposes of subsection (4);

the Director is taken to have refused the request at the end of that period.



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