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BIOSECURITY ACT 2015 - SECT 639A

Clarifying conditionally non - prohibited goods

  (1)   This section applies if a determination purportedly made under subsection   174(1) before the commencement of the Biosecurity Amendment (Clarifying Conditionally Non - prohibited Goods) Act 2021 would, apart from this section, be wholly or partly invalid only because the Director of Biosecurity and the Director of Human Biosecurity, or either of them, did not:

  (a)   conduct a risk assessment for the purpose of deciding whether to make the determination; or

  (b)   apply, or correctly apply, the ALOP for Australia in conducting a risk assessment for that purpose.

  (2)   This section also applies if the determination would, apart from this section, be wholly or partly invalid for any other failure to comply with section   174 or subsection   541(4).

  (3)   The determination is taken for all purposes to be, and always to have been, valid.

  (4)   To avoid doubt:

  (a)   anything done or purported to have been done by a person (including, but not limited to, any action taken or purportedly taken under section   628) that would have been invalid except for subsection   (3) is taken always to have been valid, despite any effect that may have on the accrued rights of any person; and

  (b)   this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.


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