Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Determination of first points of entry
Determination may be made without usual prerequisites
(1) Despite subsections 223 (2) and 229 (2) of the Biosecurity Act, the Director of Biosecurity or the Director of Human Biosecurity:
(a) may make a determination under subsection 223 (1) of that Act in relation to a landing place even if the Director is not satisfied of the matters referred to in subsection 223 (2) of that Act in relation to the landing place; and
(b) may make a determination under subsection 229 (1) of that Act in relation to a port even if the Director is not satisfied of the matters referred to in subsection 229 (2) of that Act in relation to the port .
Note: The Director may make the determination before the commencement of section 223 or 229 of the Biosecurity Act, relying on section 4 of the Acts Interpretation Act 1901 . The determination will come into effect on or after that commencement .
Limited life of determination made relying on subitem ( 1)
(2) If the Director of Biosecurity or the Director of Human Biosecurity:
(a) makes a determination under subsection 223 (1) of the Biosecurity Act in relation to a landing place without being satisfied of the matters referred to in subsection 223 (2) of that Act in relation to the landing place; or
(b) makes a determination under subsection 229 (1) of the Biosecurity Act in relation to a port without being satisfied of the matters referred to in subsection 229 (2) of that Act in relation to the port;
then the determination must not be expressed or varied to have effect for a period that is longer than the transition period or, if the transition period has been extended under subitem ( 4) for the landing place or port, the extended transition period .
(3) Unless it has already ceased to have effect, a determination referred to in subitem ( 2) relating to a landing place or port ceases to have effect at the end of the transition period or, if the transition period has been extended under subitem ( 4) for the landing place or port, the extended transition period .
Extending life of determination made relying on subitem ( 1)
(4) If the Director of Biosecurity or the Director of Human Biosecurity is satisfied that:
(a) the requirements referred to in subsection 223 (2) of the Biosecurity Act will not be able to be met in relation to a landing place referred to in subitem ( 2) by the end of the transition period; or
(b) the requirements referred to in subsection 229 (2) of the Biosecurity Act will not be able to be met in relation to a port referred to in subitem ( 2) by the end of the transition period;
the relevant Director may, by legislative instrument, extend the transition period in relation to the landing place or port .
(5) Section 42 (disallowance) of the Legislation Act 2003 does not apply to an instrument made under subitem ( 4) .
Definitions
(6) In this item:
Biosecurity Act means the Biosecurity Act 201 5 .
Director of Biosecurity has the same meaning as in the Biosecurity Act .
Director of Human Biosecurity has the same meaning as in the Biosecurity Act .
landing place has the same meaning as in the Biosecurity Act .
port has the same meaning as in the Biosecurity Act .
transition period means the 3 years beginning on the day on which section 3 of the Biosecurity Act commences .
Operation before commencement of certain provisions of the Biosecurity Act
(7) To avoid doubt, this item operates before the commencement of sections 9 , 223 , 229 , 540 and 544 of the Bios ecur ity Act in the same way as this item would if those sections had commenced .
Note: Sections 9 , 540 and 544 of the Biosecurity Act define Director of Biosecurity , Director of Human Biosecurity , landing place and port .