New South Wales Consolidated Acts

BIOLOGICAL CONTROL ACT 1985 - SECT 36

36 Commissions of inquiry

(1) Where, in accordance with section 17 (1), 26 (1) or 31 (1), the Authority directs that an inquiry be conducted under this Part, the Authority shall, after consulting the Council and having regard to any unanimous recommendation made by the Council, appoint a Commissioner or Commissioners to be a Commission to conduct that inquiry and may appoint a person or persons to advise the Commission.

(2) Where there is more than one Commissioner, the Authority shall appoint one of the Commissioners to preside at the inquiry.

(3) A Commission established to conduct an inquiry shall inquire into--

(a) such matters as it considers necessary to ascertain, from the broad community viewpoint, the overall benefits and disadvantages of declaring organisms of the kind to which the inquiry relates to be target organisms or agent organisms, as the case requires,

(b) such relevant matters unanimously approved by the Council as the Authority, by notice in writing given to the Commissioner or to the Commissioner presiding at the inquiry, as the case requires, directs, which may be or include the following matter, namely, whether assistance should be given to any persons if a declaration is made in respect of those organisms, and

(c) any other relevant matters that the Commission considers it should inquire into.

(4) The Commission shall report its findings and recommendations to the Authority and shall, after so reporting but subject to subsection (6), make public those findings and recommendations.

(5) When the Authority appoints a Commissioner or Commissioners to be a Commission, the Authority may nominate a day on which the Commission is to report its findings and recommendations to the Authority and, where the Authority nominates a day, the Commission shall report its findings and recommendations to the Authority on or before that day or such later day as the Authority (before the nominated day) allows.

(6) The Commission shall not make public any evidence or matters in respect of which directions have been given under section 39 (2) (b) or matters the publication of which is not allowed under section 39 (6).

(7) Subject to this Act, a Commission is not subject to directions by the Authority, or otherwise by or on behalf of the Government of New South Wales, in or in relation to the conduct of an inquiry.