(1) The Agriculture Minister may, in writing, declare any of the following to be a national response agency for the purposes of this Act:
(a) the Australian Defence Force;
(b) a Commonwealth body;
(c) a part of a Commonwealth body.
Note 1: The Agriculture Department, including all biosecurity officers and biosecurity enforcement officers, is also a national response agency (see the definition of national response agency in section 9).
Note 2: For variation and revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901 .
(2) Before declaring the Australian Defence Force to be a national response Agency, the Agriculture Minister must consult the Minister having responsibility for the Australian Defence Force.
(3) A failure by the Agriculture Minister to comply with subsection (2) does not affect the validity of the declaration.
(4) A declaration made under subsection (1) is not a legislative instrument.