Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 418

Relevant Director may suspend approved arrangement

             (1)  The relevant Director may suspend an approved arrangement, or a part of an approved arrangement, for a period if the Director is satisfied that:

                     (a)  the arrangement, or the part of 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)  the biosecurity industry participant is liable to pay a cost-recovery charge that is due and payable; or

                      (f)  the biosecurity industry participant is an associate of:

                              (i)  a person who has been refused approval of a proposed arrangement under this Chapter; or

                             (ii)  a person who was a biosecurity industry participant covered by an approved arrangement that has been revoked.

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

Note 2:       If an approved arrangement, or a part of an approved arrangement is suspended under this subsection, 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)).

Notice of proposed suspension on ground referred to in paragraphs (1)(a) to (e)

             (2)  The relevant Director must not suspend an approved arrangement, or a part of an approved arrangement, on a ground referred to in paragraphs (1)(a) to (e) unless the Director has given a notice to the biosecurity industry participant covered by the arrangement in accordance with subsection (3).

             (3)  A notice under subsection (2) must:

                     (a)  be in writing; and

                     (b)  specify the grounds on which the arrangement, or the part of the arrangement, is to be suspended; and

                     (c)  subject to subsection (4), request the biosecurity industry participant to give the relevant Director, within 14 days after the day the notice is given to the biosecurity industry participant, a written statement showing cause why the arrangement, or the part of the arrangement, should not be suspended; and

                     (d)  include a statement setting out the biosecurity industry participant's right to seek review of a decision to suspend the arrangement or the part of the arrangement.

             (4)  A notice under subsection (2) is not required to include the request referred to in paragraph (3)(c) if the relevant Director is satisfied that the grounds for the suspension are serious and urgent.

Notice of proposed suspension on ground referred to in paragraph (1)(f)

             (5)  The relevant Director must not suspend an approved arrangement, or a part of an approved arrangement, on the ground referred to in paragraph (1)(f) unless the Director has given a notice to the biosecurity industry participant covered by the arrangement under paragraph 410(2)(b).



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