BIOLOGICAL CONTROL ACT 1984
- Updated as at 14 November 1996 (#DATE 14:11:1996)
*1* The Biological Control Act 1984 as shown in this reprint comprises Act No.
139, 1984 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Biological Control Act 1984
139, 1984 25 Oct 1984 22 Nov 1984
Statute Law (Miscellaneous Provisions) Act (No.1) 1985
65, 1985 5 June 1985 S. 3: 3 July -
1985 (a)
Statute Law (Miscellaneous Provisions) Act (No.2) 1986
168, 1986 18 Dec 1986 S. 3: Royal S. 5 (1)
Assent (b)
Primary Industries and Energy Legislation Amendment Act (No. 2)
1994
129, 1994 21 Oct 1994 S. 3: Royal -
Assent (c)
Statute Law Revision Act 1996
43, 1996 25 Oct 1996 Schedule 4 (item 50):
Royal Assent (d) -
(a) The Biological Control Act 1984 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(b) The Biological Control Act 1984 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day
on which it receives the Royal Assent."
(c) The Biological Control Act 1984 was amended by section 3 only of the
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994,
subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent."
(d) The Biological Control Act 1984 was amended by Schedule 4 (item 50) only of
the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
"(1) Subject to subsections (2) and (3), this Act commences on the day on which
it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 2 am. No. 65, 1985; No. 168, 1986; No. 129,
1994
Ss. 8, 9 am. No. 168, 1986
S. 11 rs. No. 168, 1986
S. 12 am. No. 168, 1986
S. 17 am. No. 168, 1986
S. 19 am. No. 168, 1986
S. 20 am. No. 65, 1985; No. 168, 1986
S. 21 am. No. 168, 1986
S. 26 am. No. 65, 1985; No. 168, 1986
Ss. 28-33 am. No. 168, 1986
S. 38 am. No. 168, 1986
S. 39 am. No. 65, 1985; No. 43, 1996
S. 53 am. No. 168, 1986
#ADD 11:12:1996
BIOLOGICAL CONTROL ACT 1984 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Interpretation
3. Biological control
4. Extension of Act to external Territories
5. Saving of other laws
6. Act to bind Crown
7. Act not limited to agricultural pests
8. Commonwealth Biological Control Authority
9. Relevant State laws
10. Delegation
11. Operation of Industries Assistance Commission Act
PART II - TARGET ORGANISMS
12. Target organisms
13. Target application
14. Withdrawal of target application
15. Referral of target application to Council
16. Notice of rejection of target application
17. Notice of proposed target organisms
18. Consideration of submissions relating to target
organisms
19. Inquiries relating to target organisms
20. Declaration of target organisms
PART III - AGENT ORGANISMS
21. Agent organisms
22. Agent application
23. Withdrawal of agent application
24. Referral of agent application to Council
25. Notice of rejection of agent application
26. Notice of proposed agent organisms
27. Consideration of submissions relating to agent organisms
28. Inquiries relating to agent organisms
29. Declaration of agent organisms
PART IV - SPECIAL DECLARATIONS OF TARGET ORGANISMS AND
AGENT ORGANISMS
30. Emergency declarations
31. Declarations of existing released organisms
32. Notice of proposed declaration under section 31
33. Inquiries relating to declarations under section 31
34. Declaration of organisms declared under relevant State
law
PART V - RELEASE OF AGENT ORGANISMS
35. Release of agent organisms
36. No legal proceedings to be instituted in respect of
release of agent organisms
PART VI - BIOLOGICAL CONTROL UNDER STATE LAWS
37. Legal proceedings not to be instituted
PART VII - INQUIRIES
38. Commissions of inquiry
39. Remuneration of Commissioners
40. Notice of inquiries
41. Procedure at inquiries
42. Power to summon witnesses
43. Failure of witness to attend
44. Power to administer oath or affirmation
45. Refusal to be sworn or to answer questions
46. Protection of Commissioners and witnesses
47. False or misleading evidence
48. Contempt of Commission
49. Powers of Commission in relation to documents produced
50. Allowances to witnesses
51. Witness not to be prejudiced
PART VIII - MISCELLANEOUS
52. Act not to render other controls illegal
53. Revocation of declarations
54. Declarations continue in operation
55. Service of documents on Authority
56. Application for review
57. Regulations
BIOLOGICAL CONTROL ACT 1984 - LONG TITLE
SECT
An Act to make provision for the biological control of pests in
the Australian Capital Territory, and for related purposes
BIOLOGICAL CONTROL ACT 1984 - PART I
PART I - PRELIMINARY
BIOLOGICAL CONTROL ACT 1984 - SECT 1
Short title
SECT
1. This Act may be cited as the Biological Control Act 1984.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
BIOLOGICAL CONTROL ACT 1984 - SECT 2
Interpretation
SECT
2. (1) In this Act, unless the contrary intention appears:
"agent application" means an application under section 22;
"agent organisms" means organisms in respect of which there is in force a
declaration by the Authority, under section 29, 30, 31 or 34, that the
organisms are agent organisms for the purposes of this Act;
"agent recommendation" means a recommendation to the Authority by the
Council that organisms of a particular kind should be declared to be agent
organisms for the purposes of this Act;
"Australia" includes the external Territories (if any) in respect of which a
declaration under subsection 4 (1) is in force;
"Authority" means the Commonwealth Biological Control Authority established
by section 8;
"control", in relation to organisms, includes:
(a) reduce the number of those organisms;
(b) prevent an increase in the number of those organisms;
(c) reduce the activity or appetite of some or all of those organisms; and
(d) modify the behaviour or characteristics of some or all of those
organisms;
"Council" means:
(a) subject to paragraph (b), Agriculture and Resource Management Council of
Australia and New Zealand, whether known by that name or any other name; or
(b) if another body is prescribed by the regulations for the purposes of
this definition - that other body;
"kind", in relation to live organisms, means species, sub-species or
variety;
"organism" means:
(a) an organism (whether alive or dead and whether or not indigenous to
Australia) other than a human; or
(b) a part of, or matter discharged from, an organism within the meaning of
paragraph (a);
"organization" includes:
(a) a body corporate;
(b) an association or other body of persons; and
(c) an association that consists of 2 or more organizations within the
meaning of the preceding paragraphs;
"person" includes an organization;
"prescribed live organisms" means live organisms other than live vaccines or
resistant cultivars;
"relevant State law" means a law of a State declared by the Authority under
section 9 to be a relevant State law for the purposes of this Act;
"State" includes the Northern Territory;
"target application" means an application under section 13;
"target organisms" means organisms in respect of which there is in force a
declaration by the Authority, under section 20, 30, 31 or 34, that the
organisms are target organisms for the purposes of this Act;
"target recommendation" means a recommendation to the Authority by the
Council that organisms of a particular kind should be declared to be target
organisms for the purposes of this Act;
"Territory" does not include the Northern Territory.
(2) For the purposes of this Act, the Jervis Bay Territory shall be taken to
be part of the Australian Capital Territory.
(3) For the purposes of this Act, organisms of a particular kind shall be
taken to cause harm if the control of those organisms would be for the public
benefit.
(4) For the purposes of this Act, organisms of a particular kind shall be
taken to cause harm in the Australian Capital Territory if they cause harm in
a part or parts only of that Territory.
(4A) For the purposes of this Act:
(a) a recommendation or decision of, or an approval by, the Council, has
effect whether or not it was made while the Council was in session;
(b) a recommendation of the Council shall be taken to be unanimous if, and
only if, the recommendation is a recommendation of all the members of the
Council;
(c) an approval by the Council shall be taken to be unanimous if, and only
if, the approval is an approval by all the members of the Council; and
(d) where a person is authorised to act as a member of the Council in place
of another person, then while the first-mentioned person is so acting, the
first-mentioned person is to be taken to be a member of the Council and the
other person is not to be taken to be a member of the Council.
(5) A reference in this Act to a recommendation by the Council that
organisms of a particular kind should be declared to be agent organisms for
the purposes of this Act includes a reference to a recommendation that
organisms of a particular kind should be so declared if organisms to which a
target recommendation applies are declared to be target organisms for the
purposes of this Act.
(6) In this Act:
(a) a reference to a Minister of a State shall, except in relation to the
Northern Territory, be read as a reference to a Minister of the Crown of the
State; and
(b) a reference to a Minister of a State shall, in relation to the Northern
Territory, be read as a reference to a person holding an office referred to in
section 34 of the Northern Territory (Self-Government) Act 1978.
BIOLOGICAL CONTROL ACT 1984 - SECT 3
Biological control
SECT
3. For the purposes of this Act, organisms of a particular kind shall be
taken to be controllable by biological means if, and only if, those organisms
can be controlled by the release of live organisms of another kind.
BIOLOGICAL CONTROL ACT 1984 - SECT 4
Extension of Act to external Territories
SECT
4. (1) The Minister may, by notice published in the Gazette, declare that
this Act extends to:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
(c) the Coral Sea Islands Territory; or
(d) the Territory of Ashmore and Cartier Islands.
(2) Where a declaration under subsection (1) is in force in relation to a
Territory, this Act has effect, in relation to that Territory, as if the
references in this Act, other than in this section, to the Australian Capital
Territory were references to that Territory.
BIOLOGICAL CONTROL ACT 1984 - SECT 5
Saving of other laws
SECT
5. (1) This Act shall be read and construed as being in addition to, and not
in derogation of or in substitution for:
(a) any other law of the Commonwealth, whether passed or made before or
after the commencement of this Act; or
(b) if this Act extends to an external Territory, any law of that Territory,
whether passed or made before or after the commencement of this Act.
(2) Without limiting the generality of subsection (1), this Act shall not be
read or construed as authorizing or permitting the doing of any act in
contravention of:
(a) the Quarantine Act 1908; or
(b) the Wildlife Protection (Regulation of Exports and Imports) Act 1982.
BIOLOGICAL CONTROL ACT 1984 - SECT 6
Act to bind Crown
SECT
6. (1) This Act binds the Crown in right of the Commonwealth, of each of the
States and of Norfolk Island.
(2) Nothing in this Act renders the Crown in right of the Commonwealth, of a
State or of Norfolk Island liable to be prosecuted for an offence.
BIOLOGICAL CONTROL ACT 1984 - SECT 7
Act not limited to agricultural pests
SECT
7. The fact that certain powers of the Authority under this Act cannot be
exercised except on the recommendation of the Council does not imply that the
only kinds of organisms that may be regarded as causing harm for the purposes
of this Act are kinds that are harmful by reason of their effect on
agriculture.
BIOLOGICAL CONTROL ACT 1984 - SECT 8
Commonwealth Biological Control Authority
SECT
8. (1) For the purposes of this Act, a Commonwealth Biological Control
Authority is established by this section.
(2) The Authority shall be the Minister who is for the time being a member
of the Council.
BIOLOGICAL CONTROL ACT 1984 - SECT 9
Relevant State laws
SECT
9. (1) Where a law of a State:
(a) provides for the control by biological means of organisms causing harm
in the State; and
(b) establishes an authority having similar powers and functions to those of
the Authority;
the Authority may, by notice published in the Gazette, declare that law to be
a relevant State law for the purposes of this Act.
(2) A declaration shall not be made under subsection (1) in respect of a law
of a State unless the Minister of the State administering that law consents in
writing to the declaration being made.
(3) A declaration made under subsection (1) shall cease to have effect in
respect of a law if that law ceases to be a law described in paragraphs (1)
(a) and (b).
BIOLOGICAL CONTROL ACT 1984 - SECT 10
Delegation
SECT
10. (1) The Authority may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Authority, delegate to an
officer of the Department any of the powers of the Authority under this Act,
other than:
(a) the powers of the Authority under section 9, 19, 20, 28, 29, 30, 31, 33,
34, 38 or 53; or
(b) this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Authority.
(3) A delegation under this section does not prevent the exercise of a power
by the Authority.
BIOLOGICAL CONTROL ACT 1984 - SECT 11
Operation of Industries Assistance Commission Act
SECT
11. (1) In this section, "Assistance Act" means the Industries Assistance
Commission Act 1973.
(2) For the purposes of the Assistance Act:
(a) a declaration under this Act that organisms of a particular kind that
have an adverse effect on the carrying on by a person of a business or
activity are target organisms for the purposes of this Act; or
(b) a declaration under this Act that organisms of another kind the release
of which could control the population of organisms of the first-mentioned kind
are agent organisms for the purposes of this Act;
shall be taken to be assistance by way of the doing of an act that would
assist that person to carry on that business or activity.
(3) For the purposes of the Assistance Act:
(a) a declaration under a relevant State law that organisms of a particular
kind that have an adverse effect on the carrying on by a person of a business
or activity are target organisms for the purposes of that law; or
(b) a declaration under a relevant State law that organisms of another kind
the release of which could control the population of organisms of the
first-mentioned kind are agent organisms for the purposes of that law;
shall be deemed to be assistance by the Commonwealth Government by way of the
doing of an act that would assist that person to carry on that business or
activity.
(4) Nothing in this section shall be read as limiting the generality of
paragraph 4 (2) (a) of the Assistance Act.
BIOLOGICAL CONTROL ACT 1984 - PART II
PART II - TARGET ORGANISMS
BIOLOGICAL CONTROL ACT 1984 - SECT 12
Target organisms
SECT
12. (1) Subject to and in accordance with this Part, organisms of a
particular kind may be declared to be target organisms for the purposes of
this Act.
(2) Action for the declaration of target organisms in accordance with this
Part may be commenced by:
(a) a unanimous recommendation to the Authority by the Council; or
(b) an application under section 13.
BIOLOGICAL CONTROL ACT 1984 - SECT 13
Target application
SECT
13. (1) Where a person considers that organisms of a particular kind are
causing harm in the Australian Capital Territory and are, or are likely to be,
controllable by biological means, the person may make an application to the
Authority for a declaration that organisms of that kind are target organisms
for the purposes of this Act.
(2) A target application shall be in writing signed:
(a) in the case of an application by a natural person - by the applicant;
or
(b) in any other case - by a natural person authorized by the applicant to
do so.
(3) A target application in relation to organisms of a particular kind shall
set out:
(a) particulars identifying the organisms;
(b) particulars of the reasons why the organisms are considered to be
causing harm in the Australian Capital Territory;
(c) reasons why the applicant considers that the organisms are, or are
likely to be, controllable by biological means; and
(d) such other particulars (if any) as are prescribed.
BIOLOGICAL CONTROL ACT 1984 - SECT 14
Withdrawal of target application
SECT
14. (1) A person who has made a target application may withdraw that
application at any time before the application is referred to the Council
under subsection 15 (1).
(2) The withdrawal of a target application is to be effected by the making
of a request for withdrawal to the Authority in writing signed:
(a) in the case of an application by a natural person - by the person who
signed the application or by the legal personal representative of that person;
or
(b) in any other case - by the person who signed the application or by a
person authorized by the applicant to sign the request.
BIOLOGICAL CONTROL ACT 1984 - SECT 15
Referral of target application to Council
SECT
15. (1) Subject to subsection (2), where a target application is received by
the Authority, the Authority shall refer the application to the Council for
its consideration.
(2) The Authority is not required to refer to the Council a target
application in respect of organisms of a particular kind if:
(a) other action to have them declared to be target organisms is being, or
has been, taken under this Act; or
(b) action to have them declared to be organisms that may be controlled by
biological means is being, or has been, taken under a relevant State law.
BIOLOGICAL CONTROL ACT 1984 - SECT 16
Notice of rejection of target application
SECT
16. (1) If the Council, after considering a target application referred to
it by the Authority, informs the Authority that it does not recommend that the
organisms to which the application relates should be target organisms, the
Authority shall cause to be given, in such manner as the Authority considers
appropriate, to the person who made the target application and to the persons
(if any) who made a later target application in respect of those organisms
notice in writing stating that the Council does not recommend that those
organisms should be target organisms.
(2) A notice under subsection (1) shall:
(a) if reasons have been given by the Council for not recommending that
organisms to which the notice relates should be target organisms - set out
those reasons; and
(b) if there are circumstances in which, in the opinion of the Authority, a
target application in relation to those organisms might result in a
recommendation by the Council that those organisms should be target organisms
- specify those circumstances.
BIOLOGICAL CONTROL ACT 1984 - SECT 17
Notice of proposed target organisms
SECT
17. (1) Where the Council has unanimously recommended to the Authority that
organisms of a particular kind should be target organisms, the Authority shall
publish in the Gazette and in such newspapers or journals as the Authority
considers appropriate a notice that the Authority is contemplating declaring
those organisms to be target organisms.
(2) Without limiting the generality of subsection (1), a notice under that
subsection shall be published in each State and the Australian Capital
Territory by being published in at least one newspaper circulating generally
in that State or Territory.
(3) A notice under subsection (1) in relation to organisms of a particular
kind shall:
(a) set out particulars identifying the organisms;
(b) set out brief particulars of the reasons why the organisms are believed
to be causing harm in the Australian Capital Territory;
(c) set out brief particulars of the benefits (if any) resulting from the
absence of biological control of the population of the organisms;
(d) state that the Council has unanimously recommended that the organisms
should be declared to be target organisms;
(e) where the recommendation of the Council followed a target application in
relation to the organisms - inform the public that copies of the target
application can be perused at a place specified in the notice; and
(f) invite any persons who object to, or support, the organisms being
declared to be target organisms to submit written particulars of the grounds
for that objection or support, as the case may be, to the Authority within the
period of 6 weeks after the date of the publication of the notice in the
Gazette, or within such further period as the Authority (either before or
after the expiration of that period) allows.
(4) Where the Authority publishes a notice under subsection (1) in relation
to a target application, the Authority shall cause copies of the application
to be available for perusal at the place specified in the notice in accordance
with paragraph (3) (e).
BIOLOGICAL CONTROL ACT 1984 - SECT 18
Consideration of submissions relating to target organisms
SECT
18. The Authority shall consider any submissions in response to an
invitation referred to in paragraph 17 (3) (f).
BIOLOGICAL CONTROL ACT 1984 - SECT 19
Inquiries relating to target organisms
SECT
19. (1) Where the Authority, after:
(a) complying with sections 17 and 18 in respect of a target
recommendation;
(b) consulting the Council regarding the appropriateness of action under
this section in respect of that recommendation;
(c) considering the nature of, the proceedings in, and the findings of, any
inquiry that the Authority considers relevant to the recommendation (which may
be an inquiry conducted on behalf of a State); and
(d) considering any reports relating to the recommendation made by any
person or authority competent to do so that the Authority considers relevant;
considers that there is evidence that a person or the environment would be
adversely affected by the control of organisms of the kind to which the
recommendation relates but an adequate investigation or inquiry into the
effect of such control has not been held, the Authority may:
(e) direct that an inquiry under Part VII be conducted in respect of the
recommendation;
(f) arrange for the Minister who administers the Industries Assistance
Commission Act 1973 to refer the recommendation to the Industries Assistance
Commission for inquiry and report; or
(g) arrange for the Minister who administers the Environment Protection
(Impact of Proposals) Act 1974 to direct that an inquiry be conducted under
that Act in respect of the recommendation.
(1A) Action shall not be taken under paragraph (1) (e), (f) or (g) in
respect of a target recommendation unless the Council, upon being consulted in
accordance with paragraph (1) (b), has unanimously recommended that the action
be taken.
(2) Where the Authority takes action under paragraph (1) (e), (f) or (g) for
an inquiry in relation to a target recommendation, the Authority shall not
take any further action under this Act in relation to that recommendation
unless and until the Authority has considered the report made as the result of
that inquiry.
BIOLOGICAL CONTROL ACT 1984 - SECT 20
Declaration of target organisms
SECT
20. (1) Where the Authority, after:
(a) complying with the preceding provisions of this Part in relation to a
target recommendation;
(b) considering all reports and other matters relating to that
recommendation that the Authority considers it appropriate to consider; and
(ba) consulting the Council regarding the appropriateness of action under
this section in respect of that recommendation;
is satisfied:
(c) that organisms of the kind to which the recommendation relates are
causing harm in the Australian Capital Territory;
(d) that organisms of that kind are, or that there is a probability that
organisms of that kind are likely to be, controllable by biological means;
and
(e) that:
(i) the control throughout Australia of organisms of that
kind would not cause any significant harm to any person or to the environment;
or
(ii) any harm caused to persons or to the environment by
the control throughout Australia of organisms of that kind would be
significantly less than the harm caused, or likely to be caused, by failure to
control organisms of that kind throughout Australia;
the Authority, subject to subsection (2), shall, by notice published in the
Gazette, declare organisms of that kind to be target organisms for the
purposes of this Act.
(2) The Authority shall not make a declaration under subsection (1) in
respect of a target recommendation unless the Council, upon being consulted in
accordance with paragraph (1) (ba), has unanimously recommended that the
declaration be made.
BIOLOGICAL CONTROL ACT 1984 - PART III
PART III - AGENT ORGANISMS
BIOLOGICAL CONTROL ACT 1984 - SECT 21
Agent organisms
SECT
21. (1) Subject to and in accordance with this Part, prescribed live
organisms of a particular kind may be declared to be agent organisms for the
purposes of this Act.
(2) Action for the declaration of agent organisms in accordance with this
Part may be commenced by:
(a) a unanimous recommendation made to the Authority by the Council; or
(b) an application under section 22.
BIOLOGICAL CONTROL ACT 1984 - SECT 22
Agent application
SECT
22. (1) Where a person considers that the release of prescribed live
organisms of a particular kind would result in the control of:
(a) target organisms of a particular kind or kinds; or
(b) organisms to which a target recommendation applies or target
recommendations apply;
(whether or not the organisms referred to in paragraph (a) or (b) can be
controlled by existing agent organisms) the person may make an application to
the Authority for a declaration that the first-mentioned organisms are agent
organisms for the purposes of this Act.
(2) An agent application shall be in writing signed:
(a) in the case of an application by a natural person - by the applicant;
or
(b) in any other case - by a natural person authorized by the applicant to
do so.
(3) An agent application in relation to organisms of a particular kind shall
set out:
(a) particulars identifying the organisms;
(b) particulars of the possible ways in which the applicant considers that
the release of the organisms could control the relevant population of target
organisms; and
(c) such other particulars (if any) as are prescribed.
BIOLOGICAL CONTROL ACT 1984 - SECT 23
Withdrawal of agent application
SECT
23. (1) A person who has made an agent application may withdraw that
application at any time before the application is referred to the Council
under subsection 24 (1).
(2) The withdrawal of an agent application is to be effected by the making
of a request for withdrawal to the Authority in writing signed:
(a) in the case of an application by a natural person - by the person who
signed the application or by the legal personal representative of that person;
or
(b) in any other case - by the person who signed the application or by a
person authorized by the applicant to sign the request.
BIOLOGICAL CONTROL ACT 1984 - SECT 24
Referral of agent application to Council
SECT
24. (1) Subject to subsection (2), where an agent application is received by
the Authority, the Authority shall refer the application to the Council for
its consideration.
(2) The Authority is not required to refer to the Council an agent
application in respect of organisms of a particular kind if:
(a) other action to have them declared to be agent organisms is being, or
has been, taken under this Act; or
(b) action to have them declared to be organisms that may be released to
control the population of other organisms is being, or has been, taken under a
relevant State law.
BIOLOGICAL CONTROL ACT 1984 - SECT 25
Notice of rejection of agent application
SECT
25. (1) If the Council, after considering an agent application referred to
it by the Authority, informs the Authority that it does not recommend that the
organisms to which the application relates should be agent organisms, the
Authority shall cause to be given, in such manner as the Authority considers
appropriate, to the person who made the agent application and to the persons
(if any) who made a later agent application in respect of those organisms
notice in writing that the Council does not recommend that those organisms
should be agent organisms.
(2) A notice under subsection (1) shall:
(a) if reasons have been given by the Council for not recommending that
organisms to which the notice relates should be agent organisms - set out
those reasons; and
(b) if there are circumstances in which, in the opinion of the Authority, an
agent application in relation to those organisms might result in a
recommendation by the Council that those organisms should be agent organisms -
specify those circumstances.
BIOLOGICAL CONTROL ACT 1984 - SECT 26
Notice of proposed agent organisms
SECT
26. (1) Where the Council has unanimously recommended to the Authority that
prescribed live organisms of a particular kind should be agent organisms, the
Authority shall publish in the Gazette, and may publish in such newspapers or
journals as the Authority thinks appropriate, a notice that the Authority is
contemplating declaring those organisms to be agent organisms.
(2) A notice under subsection (1) in relation to organisms of a particular
kind (in this subsection referred to as the "relevant organisms") shall:
(a) set out particulars identifying the relevant organisms;
(b) specify the organisms which it is intended to control by the release of
the relevant organisms;
(c) set out brief particulars of the manner in which the relevant organisms
would control the organisms specified in the notice in accordance with
paragraph (b);
(d) state that the Council has unanimously recommended that the relevant
organisms should be declared to be agent organisms;
(e) where the recommendation of the Council followed an agent application in
relation to the organisms - inform the public that copies of the agent
application can be perused at a place specified in the notice; and
(f) invite any persons who object to, or support, the relevant organisms
being declared to be agent organisms to submit written particulars of the
grounds for that objection or support, as the case may be, to the Authority
within the period of 6 weeks after the date of the publication of the notice
in the Gazette, or within such further period as the Authority (either before
or after the expiration of that period) allows.
(3) Where the Authority publishes a notice under subsection (1) in relation
to an agent application, the Authority shall cause copies of the application
to be available for perusal at the place specified in the notice in accordance
with paragraph (2) (e).
(4) Where the Council has recommended to the Authority that 2 or more kinds
of organisms should be agent organisms for the purpose of the control of the
same population of particular organisms, a notice under subsection (1)
relating to one of those kinds may be combined with a notice under that
subsection relating to the other kind or kinds.
BIOLOGICAL CONTROL ACT 1984 - SECT 27
Consideration of submissions relating to agent organisms
SECT
27. The Authority shall consider any submissions in response to an
invitation referred to in paragraph 26 (2) (f).
BIOLOGICAL CONTROL ACT 1984 - SECT 28
Inquiries relating to agent organisms
SECT
28. (1) Where the Authority, after:
(a) complying with sections 26 and 27 in respect of an agent
recommendation;
(b) consulting the Council regarding the appropriateness of action under
this section in respect of that recommendation;
(c) considering the nature of, the proceedings in, and the findings of, any
inquiry that the Authority considers relevant to the recommendation (which may
be an inquiry under Part VII in respect of a target recommendation or an
inquiry conducted on behalf of a State); and
(d) considering any reports relating to the recommendation made by any
person or authority competent to do so that the Authority considers relevant;
considers that there is evidence that a person or the environment would be
adversely affected by the release of organisms of the kind to which the
recommendation relates but an adequate investigation or inquiry into the
effect of such a release has not been held, the Authority may:
(e) direct that an inquiry under Part VII be conducted in respect of the
recommendation;
(f) arrange for the Minister who administers the Industries Assistance
Commission Act 1973 to refer the recommendation to the Industries Assistance
Commission for inquiry and report; or
(g) arrange for the Minister who administers the Environment Protection
(Impact of Proposals) Act 1974 to direct that an inquiry be conducted under
that Act in respect of the recommendation.
(1A) Action shall not be taken under paragraph (1) (e), (f) or (g) in
respect of an agent recommendation unless the Council, upon being consulted in
accordance with paragraph (1) (b), has unanimously recommended that the action
be taken.
(2) An inquiry by virtue of paragraph (1) (e), (f) or (g) in respect of an
agent recommendation that recommends that organisms of a particular kind
should be declared to be agent organisms if organisms to which a target
recommendation applies are declared to be target organisms and an inquiry by
virtue of paragraph 19 (1) (e), (f) or (g), as the case may be, in respect of
that target recommendation may be conducted as if they were one inquiry.
(3) Where the Authority takes action under paragraph (1) (e), (f) or (g) for
an inquiry in relation to an agent recommendation, the Authority shall not
take any further action under this Act in relation to that recommendation
unless and until the Authority has considered the report made as the result of
that inquiry.
BIOLOGICAL CONTROL ACT 1984 - SECT 29
Declaration of agent organisms
SECT
29. (1) Where the Authority, after:
(a) complying with the preceding provisions of this Part in relation to an
agent recommendation;
(b) considering all reports and other matters relating to that
recommendation that the Authority considers it appropriate to consider; and
(ba) consulting the Council regarding the appropriateness of action under
this section in respect of that recommendation;
is satisfied:
(c) that the release of organisms of the kind to which the recommendation
relates (in this subsection referred to as the "relevant organisms") could
result in the control of target organisms of a particular kind or kinds in the
Australian Capital Territory; and
(d) that:
(i) the release of the relevant organisms would not cause
any significant harm to any person or to the environment, other than the harm
(if any) resulting from the control throughout Australia of target organisms
of that kind or those kinds; or
(ii) any harm caused to persons or to the environment by
the release of the relevant organisms, other than the harm (if any) resulting
from the control throughout Australia of target organisms of that kind or
those kinds, would be significantly less than:
(A) the harm caused, or likely to be caused, by failure
to control target organisms of that kind or those kinds throughout Australia;
and
(B) where target organisms of that kind or those kinds
can be controlled by the release of other organisms or otherwise than by
biological means - the harm (if any) caused, or likely to be caused, by
controlling target organisms of that kind or those kinds throughout Australia
by the release of those other organisms or by those other means;
the Authority, subject to subsection (1A), shall, by notice published in the
Gazette, declare the relevant organisms to be agent organisms for the purposes
of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in
respect of an agent recommendation unless the Council, upon being consulted in
accordance with paragraph (1) (ba), has unanimously recommended that the
declaration be made.
(2) A notice under subsection (1) declaring organisms of a particular kind
to be agent organisms may set out conditions under which those organisms may
be released, which conditions may be or include:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be
released.
BIOLOGICAL CONTROL ACT 1984 - PART IV
PART IV - SPECIAL DECLARATIONS OF TARGET ORGANISMS
AND AGENT ORGANISMS
BIOLOGICAL CONTROL ACT 1984 - SECT 30
Emergency declarations
SECT
30. (1) If the Authority is satisfied:
(a) that an emergency exists because organisms of a particular kind (whether
or not they are target organisms):
(i) are having, or are likely to have, a serious effect on
the health of humans, animals or plants in the Australian Capital Territory;
(ii) are causing, or are likely to cause, harm in that
Territory so as to result in significant damage to the economy; or
(iii) are causing, or are likely to cause, significant
damage to the environment in that Territory;
(b) that the release of prescribed live organisms that are not agent
organisms would control the first-mentioned organisms; and
(c) the release of the organisms of the second-mentioned kind would not have
any significant adverse effects;
the Authority, subject to subsection (1A), shall, by notice published in the
Gazette, declare:
(d) where the organisms of the first-mentioned kind are not target
organisms, the organisms of the first-mentioned kind to be target organisms
for the purposes of this Act; and
(e) organisms of the second-mentioned kind to be agent organisms for the
purposes of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in
respect of an organism unless:
(a) the Authority has first consulted the Council regarding the
appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the declaration be made.
(2) A notice under subsection (1) declaring organisms of a particular kind
to be agent organisms may set out particulars of the conditions under which
those organisms may be released, which conditions may be or include:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be
released.
BIOLOGICAL CONTROL ACT 1984 - SECT 31
Declarations of existing released organisms
SECT
31. (1) If the Authority is satisfied that:
(a) before the commencement of this Act, prescribed live organisms of a
particular kind were released in the Australian Capital Territory for the
purpose of the control, by biological means, of organisms of another kind in
that Territory; and
(b) if this Act had been in force before the release of the first-mentioned
organisms, it is probable that action would have been taken under this Act
that would have resulted in the organisms of the second-mentioned kind being
declared to be target organisms and the organisms of the first-mentioned kind
being declared to be agent organisms;
the Authority, subject to subsection (1A), may, by notice published in the
Gazette, declare:
(c) organisms of the second-mentioned kind to be target organisms for the
purposes of this Act; and
(d) organisms of the first-mentioned kind to be agent organisms for the
purposes of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in
respect of an organism unless:
(a) the Authority has first consulted the Council regarding the
appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the declaration be made.
(2) A notice under subsection (1) declaring organisms of a particular kind
to be agent organisms may set out conditions under which the organisms may be
released, which conditions may be or include:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be
released.
BIOLOGICAL CONTROL ACT 1984 - SECT 32
Notice of proposed declaration under section 31
SECT
32. (1) Where the Authority is contemplating making a declaration under
section 31, the Authority, subject to subsection (1A), may publish in the
Gazette and in such newspapers or journals as the Authority considers
appropriate a notice that the Authority is contemplating making that
declaration.
(1A) The Authority shall not publish a notice under subsection (1) in
respect of an organism unless:
(a) the Authority has first consulted the Council regarding the
appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the notice be published.
(2) A notice under subsection (1) shall:
(a) set out particulars identifying the organisms that the Authority is
contemplating declaring to be target organisms;
(b) set out particulars identifying the organisms that the Authority is
contemplating declaring to be agent organisms;
(c) identify the occasions known to the Authority on which the organisms
referred to in paragraph (b) were released; and
(d) invite any persons who object to, or support, the declaration being made
to submit written particulars of the grounds for that objection or support, as
the case may be, to the Authority within 6 weeks after the date of the
publication of the notice in the Gazette, or within such further period as the
Authority (either before or after the expiration of that period) allows.
(3) Where the Authority publishes a notice under subsection (1) in relation
to a contemplated declaration, the Authority shall not make that declaration
unless and until the Authority has considered any submissions in response to
an invitation referred to in paragraph (2) (d) in relation to the declaration.
BIOLOGICAL CONTROL ACT 1984 - SECT 33
Inquiries relating to declarations under section 31
SECT
33. (1) Where the Authority:
(a) is contemplating making a declaration under section 31; and
(b) after:
(i) consulting the Council regarding the appropriateness of
action under this section in respect of the contemplated declaration;
(ii) considering the nature of, the proceedings in, and the
findings of, any inquiry that the Authority considers relevant (which may be
an inquiry conducted on behalf of a State); and
(iii) considering any reports made by any person or
authority competent to do so that the Authority considers relevant;
considers that there is evidence that a person or the environment would be
adversely affected by the release of organisms of the kind to which the
declaration would relate but an adequate investigation or inquiry into the
effect of such a release has not been held;
the Authority may:
(c) direct that an inquiry under Part VII be conducted in respect of the
contemplated declaration;
(d) arrange for the Minister who administers the Industries Assistance
Commission Act 1973 to refer the contemplated declaration to the Industries
Assistance Commission for inquiry and report; or
(e) arrange for the Minister who administers the Environment Protection
(Impact of Proposals) Act 1974 to direct that an inquiry be conducted under
that Act in respect of the contemplated declaration.
(1A) Action shall not be taken under paragraph (1) (c), (d) or (e) in
respect of a contemplated declaration unless the Council, upon being consulted
in accordance with subparagraph (1) (b) (i), has unanimously recommended that
the action be taken.
(2) Where the Authority takes action under paragraph (1) (c), (d) or (e) for
an inquiry in relation to a contemplated declaration, the Authority shall not
make that declaration unless and until the Authority has considered the report
made as the result of the inquiry.
BIOLOGICAL CONTROL ACT 1984 - SECT 34
Declaration of organisms declared under relevant State law
SECT
34. (1) Where organisms of a particular kind are organisms that for the
purposes of a relevant State law may be controlled by biological means, the
Authority may, by notice published in the Gazette, declare those organisms to
be target organisms for the purposes of this Act.
(2) Where:
(a) prescribed live organisms of a particular kind are organisms that for
the purposes of a relevant State law may be released to control other
organisms; and
(b) those other organisms are target organisms;
the Authority shall, by notice published in the Gazette, declare those
first-mentioned organisms to be agent organisms for the purposes of this Act.
(3) A notice under subsection (2) declaring organisms of a particular kind
to be agent organisms may set out conditions under which the organisms may be
released, which conditions may be or include:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be
released.
BIOLOGICAL CONTROL ACT 1984 - PART V
PART V - RELEASE OF AGENT ORGANISMS
BIOLOGICAL CONTROL ACT 1984 - SECT 35
Release of agent organisms
SECT
35. (1) Subject to subsection (2), agent organisms may be released in the
Australian Capital Territory.
(2) Where a notice under section 29, 30, 31 or 34 declaring organisms to be
agent organisms specified conditions under which the organisms may be
released, those organisms shall not be released otherwise than in accordance
with those conditions.
BIOLOGICAL CONTROL ACT 1984 - SECT 36
No legal proceedings to be instituted in respect of release of
agent organisms
SECT
36. (1) Subject to subsection (3), no action or other proceeding shall be
instituted or continued in any court:
(a) to prevent the release of agent organisms in accordance with section
35;
(b) to recover damages in respect of any loss incurred, or any damage
suffered, in a Territory by reason of the release of agent organisms in
accordance with that section; or
(c) to recover damages in respect of any loss incurred, or any damage
suffered, in a State by reason of the release of agent organisms in accordance
with that section.
(2) If, at the time at which organisms of a particular kind were declared
under section 29, 30, 31 or 34 to be agent organisms, there was in force an
order of a court relating to the release of organisms of that kind, no action
or other proceeding shall be instituted or continued in any court in respect
of that order in so far as the order purports to prohibit a person from:
(a) releasing organisms of that kind in the Australian Capital Territory in
accordance with section 35; or
(b) doing anything to assist or further the release of organisms of that
kind in that Territory in accordance with section 35.
(3) Nothing in subsection (1) prevents the institution or continuation in
any court of an action or other proceeding to recover damages in respect of
any loss incurred, or any damage suffered, by reason of the release of agent
organisms of a particular kind in accordance with section 35 where:
(a) the loss incurred or the damage suffered was the result of the release
having had a significant effect on other organisms;
(b) at the time of the release, the persons in Australia having a reputation
for special knowledge of the biology of organisms of that kind knew, or had
reasonable grounds to expect, that such a release could have such an effect;
and
(c) in making the declaration declaring organisms of that kind to be agent
organisms, the Authority did not take into account (whether because of the
state of scientific knowledge or otherwise) the factor that such a release
could have such an effect.
BIOLOGICAL CONTROL ACT 1984 - PART VI
PART VI - BIOLOGICAL CONTROL UNDER STATE LAWS
BIOLOGICAL CONTROL ACT 1984 - SECT 37
Legal proceedings not to be instituted
SECT
37. (1) Subject to subsection (4), no action or other proceeding shall be
instituted or continued in any court to recover damages in respect of any loss
incurred, or any damage suffered, in a Territory by reason of the release of
organisms in accordance with a relevant State law.
(2) Subject to subsection (4), no action or other proceeding shall be
instituted or continued in any court of a Territory:
(a) to prevent the release of organisms in accordance with a relevant State
law; or
(b) to recover damages in respect of any loss incurred, or any damage
suffered, in a State by reason of the release of organisms in accordance with
a relevant State law.
(3) If, at the time at which prescribed live organisms of a particular kind
became organisms that could be released in accordance with a relevant State
law, there was in force an order of a court relating to the release of
organisms of that kind, no action or other proceeding shall be instituted or
continued in any court of a Territory in respect of that order in so far as
the order purports to restrict a person from:
(a) releasing organisms of that kind in accordance with that law; or
(b) doing anything to assist or further the release of organisms of that
kind in accordance with that law.
(4) Nothing in subsection (1) or (2) prevents the institution or
continuation in any court of an action or other proceeding to recover damages
in respect of any loss incurred, or any damage suffered, by reason of the
release of organisms of a particular kind in accordance with a relevant State
law where:
(a) the loss incurred or the damage suffered was the result of the release
having had a significant effect on other organisms;
(b) at the time of the release, the persons in Australia having a reputation
for special knowledge of the biology of organisms of that kind knew, or had
reasonable grounds to expect, that such a release could have such an effect;
and
(c) in making the declaration by virtue of which organisms of that kind
became organisms that could be released in accordance with the relevant State
law, the authority established by that law did not take into account (whether
because of the state of scientific knowledge or otherwise) the factor that
such a release could have such an effect.
BIOLOGICAL CONTROL ACT 1984 - PART VII
PART VII - INQUIRIES
BIOLOGICAL CONTROL ACT 1984 - SECT 38
Commissions of inquiry
SECT
38. (1) Where, in accordance with paragraph 19 (1) (e), 28 (1) (e) or 33 (1)
(c), 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 as the 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 paragraph 41 (2) (b) or matters the
publication of which is excepted from subsection 41 (5).
(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 the Commonwealth,
in or in relation to the conduct of an inquiry.
BIOLOGICAL CONTROL ACT 1984 - SECT 39
Remuneration of Commissioners
SECT
39. (1) A Commissioner shall be paid such remuneration as is determined by
the Remuneration Tribunal, but, if no determination of that remuneration by
the Tribunal is in operation, a Commissioner shall be paid such remuneration
as is prescribed.
(2) A Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
BIOLOGICAL CONTROL ACT 1984 - SECT 40
Notice of inquiries
SECT
40. Before a Commission commences an inquiry, the Commission shall give
reasonable notice, by advertisement published in the Gazette and in such
newspapers or journals as it thinks necessary, of its intention to hold the
inquiry, the subject of the inquiry and the time and place at which the
inquiry is to be commenced.
BIOLOGICAL CONTROL ACT 1984 - SECT 41
Procedure at inquiries
SECT
41. (1) Subject to this section, an inquiry by a Commission shall be held in
public and evidence in the inquiry shall be taken in public on oath or
affirmation.
(2) Where a Commission is satisfied that it is desirable to do so in the
public interest by reason of the confidential nature of any evidence or matter
or for any other reason, the Commission may:
(a) direct that an inquiry or a part of an inquiry shall take place in
private and give directions as to the persons who may be present; or
(b) give directions prohibiting or restricting the publication of evidence
given before the Commission or of matters contained in documents lodged with
the Commission.
(3) A Commission may, if it thinks fit, permit a person appearing as a
witness before the Commission to give evidence by tendering, and verifying by
oath or affirmation, a written statement.
(4) Where a Commission considers that the attendance of a person as a
witness before the Commission would cause serious hardship to a person, the
Commission may permit the person to give evidence by sending to the Commission
a written statement, verified in such manner as the Commission allows.
(5) Where evidence is given to a Commission by a written statement in
accordance with subsection (3) or (4), the Commission shall make available to
the public in such manner as the Commission thinks fit the contents of the
statement other than any matter the publication of which, in the opinion of
the Commission, would be contrary to the public interest by reason of its
confidential nature or for any other reason.
(6) Subject to this section and the regulations:
(a) the procedure to be followed at an inquiry by a Commission is within the
discretion of the Commission; and
(b) a Commission is not bound by the rules of evidence.
BIOLOGICAL CONTROL ACT 1984 - SECT 42
Power to summon witnesses
SECT
42. A Commissioner may, by writing signed by the Commissioner, summon a
person to appear before the Commission at a time and place specified in the
summons to give evidence and produce such books and documents (if any) as are
referred to in the summons.
BIOLOGICAL CONTROL ACT 1984 - SECT 43
Failure of witness to attend
SECT
43. A person served with a summons to appear as a witness at an inquiry by a
Commission shall not, without reasonable excuse:
(a) fail to attend as required by the summons; or
(b) fail to appear and report himself or herself from day to day unless
excused or released from further attendance by or on behalf of the
Commission.
Penalty: $1,000 or imprisonment for 6 months, or both.
BIOLOGICAL CONTROL ACT 1984 - SECT 44
Power to administer oath or affirmation
SECT
44. A Commissioner may administer an oath or affirmation to a person
appearing as a witness before the Commission.
BIOLOGICAL CONTROL ACT 1984 - SECT 45
Refusal to be sworn or to answer questions
SECT
45. A person appearing as a witness at an inquiry by a Commission shall not,
without reasonable excuse:
(a) refuse or fail to be sworn or to make an affirmation; or
(b) refuse or fail to answer a question that the person is required to
answer by the Commissioner presiding at the inquiry; or
(c) refuse or fail to produce a document that the person was required to
produce by a summons under this Act served on him.
Penalty: $1,000 or imprisonment for 6 months, or both.
BIOLOGICAL CONTROL ACT 1984 - SECT 46
Protection of Commissioners and witnesses
SECT
46. (1) A Commissioner has, in the performance of the duties of a
Commissioner, the same protection and immunity as a Justice of the High Court.
(2) Subject to this Act, a person appearing before a Commission as a witness
at an inquiry has the same protection, and is, in addition to the penalties
provided by this Act, subject to the same liabilities, in any civil or
criminal proceedings as a witness in proceedings in the High Court.
BIOLOGICAL CONTROL ACT 1984 - SECT 47
False or misleading evidence
SECT
47. (1) A person shall not, at a hearing before a Commission, give evidence
that is to the knowledge of the person false or misleading in a material
particular.
(2) An offence against subsection (1) is an indictable offence and, subject
to this section, is punishable, upon conviction, by imprisonment for a period
not exceeding 2 years or by a fine not exceeding $5,000, or both.
(3) Notwithstanding that an offence against subsection (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.
(4) Where, in accordance with subsection (3), a court of summary
jurisdiction convicts a person of an offence against subsection (1), the
penalty that the court may impose is a fine not exceeding $2,000 or
imprisonment for a period not exceeding one year, or both.
BIOLOGICAL CONTROL ACT 1984 - SECT 48
Contempt of Commission
SECT
48. (1) A person shall not:
(a) obstruct or hinder a Commission or a Commissioner in the conduct of an
inquiry; or
(b) disrupt a hearing before a Commission.
Penalty: $2,000 or imprisonment for one year, or both.
(2) An offence against subsection (1) is punishable on summary conviction.
BIOLOGICAL CONTROL ACT 1984 - SECT 49
Powers of Commission in relation to documents produced
SECT
49. (1) A Commissioner, or a person assisting a Commission and authorized by
a Commissioner to do so, may inspect any books or documents furnished to the
Commission for the purposes of the performance of its functions under this Act
or produced at an inquiry and may make copies of, or take extracts from, those
books or documents.
(2) Books or documents so furnished may be retained by the Commission for
such reasonable period as the Commission thinks fit.
BIOLOGICAL CONTROL ACT 1984 - SECT 50
Allowances to witnesses
SECT
50. A witness summoned under this Act to appear at an inquiry by a
Commission is entitled to be paid by the Commonwealth such allowances for the
witness's travelling and other expenses as are prescribed.
BIOLOGICAL CONTROL ACT 1984 - SECT 51
Witness not to be prejudiced
SECT
51. (1) A person shall not:
(a) use violence to or inflict injury on;
(b) cause or procure violence, damage, loss or disadvantage to; or
(c) cause or procure the punishment of;
a person for or on account of the last-mentioned person having appeared, or
being about to appear, as a witness at an inquiry by a Commission or for or on
account of any evidence given by the last-mentioned person before a
Commission.
Penalty: $2,000 or imprisonment for one year, or both.
(2) Without limiting the generality of subsection (1), an employer shall
not:
(a) dismiss an employee from his or her employment, or prejudice an employee
in his or her employment, by reason that the employee has appeared as a
witness, or has given any evidence, at an inquiry by a Commission; or
(b) dismiss, or threaten to dismiss, an employee from his or her employment
or prejudice, or threaten to prejudice, an employee in his or her employment,
by reason that the employee proposes to appear as a witness or to give
evidence at an inquiry by a Commission.
Penalty:
(a) if the offender is a natural person - $2,000 or imprisonment for one
year, or both; or
(b) if the offender is a body corporate - $10,000.
(3) In any proceedings arising out of subsection (2):
(a) if it is established that the employee was dismissed from, or prejudiced
in, his or her employment and that, before he or she was so dismissed or
prejudiced, he or she appeared as a witness, or gave any evidence, at an
inquiry by a Commission - the burden lies on the employer of proving that the
employee was not dismissed or prejudiced by reason that he or she so appeared
as a witness or gave evidence; or
(b) if it is established that the employee was dismissed, or threatened with
dismissal, from his or her employment, or was prejudiced, or threatened with
prejudice, in his or her employment and that, before he or she was so
dismissed, threatened with dismissal, prejudiced or threatened with prejudice,
he or she proposed to appear as a witness, or to give evidence, at an inquiry
by a Commission - the burden lies on the employer of proving that the employee
was not so dismissed, threatened with dismissal, prejudiced or threatened with
prejudice by reason that he or she proposed so to appear as a witness or to
give evidence.
BIOLOGICAL CONTROL ACT 1984 - PART VIII
PART VIII - MISCELLANEOUS
BIOLOGICAL CONTROL ACT 1984 - SECT 52
Act not to render other controls illegal
SECT
52. Subject to subsection 35 (2), nothing in this Act shall be taken to
render unlawful any release of organisms for the purpose of the biological
control of other organisms if the release of the first-mentioned organisms
would, but for this Act, be lawful.
BIOLOGICAL CONTROL ACT 1984 - SECT 53
Revocation of declarations
SECT
53. (1) The Authority may, by notice published in the Gazette, revoke a
declaration made under this Act where the Council has unanimously approved of
that action being taken.
(2) Where:
(a) the Authority revokes a declaration declaring organisms of a kind to be
target organisms; and
(b) by reason of that revocation there would be no target organisms for the
purpose of controlling which organisms of a kind have been declared to be
agent organisms;
the Authority shall revoke the declaration declaring those last-mentioned
organisms to be agent organisms.
BIOLOGICAL CONTROL ACT 1984 - SECT 54
Declarations continue in operation
SECT
54. Where a declaration in relation to agent organisms is in force, those
organisms may be released in accordance with section 35 notwithstanding the
length of the period of time that has elapsed since the last release of those
organisms took place.
BIOLOGICAL CONTROL ACT 1984 - SECT 55
Service of documents on Authority
SECT
55. Where a person is entitled by this Act to make an application to the
Authority or to submit particulars to the Authority, the person shall do so by
causing the application or particulars to be lodged at the principal office of
the Department in Canberra.
BIOLOGICAL CONTROL ACT 1984 - SECT 56
Application for review
SECT
56. (1) Application may be made to the Administrative Appeals Tribunal for
review of:
(a) a decision of the Authority for the purposes of section 19 not to hold
an inquiry;
(b) a decision of the Authority for the purposes of section 20, being a
decision that is inconsistent with a finding or recommendation of a Commission
referred to in Part VII, the Industries Assistance Commission, or a commission
referred to in the Environment Protection (Impact of Proposals) Act 1974;
(c) a decision of the Authority under section 26 not to publish a notice in
any newspaper or journal;
(d) a decision of the Authority for the purposes of section 28 not to hold
an inquiry;
(e) a decision of the Authority for the purposes of section 29, being a
decision that is inconsistent with a finding or recommendation of a Commission
referred to in Part VII, the Industries Assistance Commission, or a commission
referred to in the Environment Protection (Impact of Proposals) Act 1974;
(f) a decision of the Authority for the purposes of section 30;
(g) a decision of the Authority for the purposes of section 31, being a
decision that is inconsistent with a finding or recommendation of a Commission
referred to in Part VII, the Industries Assistance Commission, or a commission
referred to in the Environment Protection (Impact of Proposals) Act 1974;
(h) a decision of the Authority for the purposes of section 33 not to hold
an inquiry; or
(j) a decision of the Authority under section 53 to revoke a declaration.
(2) In subsection (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
BIOLOGICAL CONTROL ACT 1984 - SECT 57
Regulations
SECT
57. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.