Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 139, 1984
Compilation No. 13
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Biological Control Act 1984 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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 binds the Crown
6A Application of the Criminal Code
7 Act not limited to agricultural pests
8 Commonwealth Biological Control Authority
9 Relevant State laws
10 Delegation
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
139, 1984 | 25 Oct 1984 | 22 Nov 1984 |
| |
65, 1985 | 5 June 1985 | -- | ||
168, 1986 | 18 Dec 1986 | |||
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 | 129, 1994 | 21 Oct 1994 | -- | |
43, 1996 | 25 Oct 1996 | Sch 4 (items 1, 50): 25 Oct 1996 (s 2(1)) | -- | |
Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998 | 15, 1998 | 16 Apr 1998 | 16 Apr 1998 | -- |
92, 1999 | 16 July 1999 | Sch 3 (items 19-37): 16 July 2000 (s 2(1) | -- | |
Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 | 82, 2001 | 11 July 2001 | Sch 3: 11 Jan 2002 (s 2(3)) | -- |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | ||
73, 2008 | 3 July 2008 | Sch 4 (item 109): 4 July 2008 (s 2(1) item 64) | -- | |
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 | 62, 2015 | 16 June 2015 | Sch 3: 16 June 2015 (s 2(1) item 3) | Sch 3 and 4 |
as amended by |
|
|
|
|
93, 2017 | 23 Aug 2017 | Sch 2 (item 9): 20 Sept 2017 (s 2(1) item 4) | -- | |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 3 (item 8): 10 Dec 2015 (s 2(1) item 7) |
|
28, 2016 | 23 Mar 2016 | Sch 1: 1 Jan 2017 (s 2(1) item 2) | Sch 1 (item 9) | |
61, 2016 | 23 Sept 2016 | Sch 1 (items 63-68): 21 Oct 2016 (s 2(1) item 1) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 5 (item 3): awaiting commencement (s 2(1) item 2) | -- |
54, 2024 | 5 July 2024 | Sch 2 (items 11, 94-107): 6 July 2024 (s 2(1) item 3) | Sch 2 (items 94-107) | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 5 (item 3): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part I |
|
s 2..................... | am No 65, 1985; No 168, 1986; No 129, 1994; No 28, 2016; No 54, 2024 |
s 3..................... | am No 28, 2016 |
s 5..................... | am No 82, 2001; No 62, 2015 |
s 6..................... | rs No 145, 2015 |
s 6A.................... | ad No 115, 2001 |
s 8..................... | am No 168, 1986 |
s 9..................... | am No 168, 1986 |
s 11.................... | rs No 168, 1986 |
| rep No 15, 1998 |
Part II |
|
s 12.................... | am No 168, 1986 |
s 17.................... | am No 168, 1986 |
s 19.................... | am No 168, 1986; No 15, 1998; No 92, 1999 |
s 20.................... | am No 65, 1985; No 168, 1986 |
Part III |
|
s 21.................... | am No 168, 1986; No 28, 2016 |
s 22.................... | am No 28, 2016 |
s 26.................... | am No 65, 1985; No 168, 1986; No 28, 2016 |
s 28.................... | am No 168, 1986; No 92, 1999 |
s 29.................... | am No 168, 1986 |
Part IV |
|
s 30.................... | am No 168, 1986; No 28, 2016 |
s 31.................... | am No 168, 1986; No 28, 2016 |
s 32.................... | am No 168, 1986 |
s 33.................... | am No 168, 1986; No 92, 1999 |
s 34.................... | am No 28, 2016 |
Part VI |
|
s 37.................... | am No 28, 2016 |
Part VII |
|
s 38.................... | am No 168, 1986 |
s 39.................... | am No 65, 1985; No 43, 1996 |
s 43.................... | am No 115, 2001; No 61, 2016 |
s 45.................... | am No 115, 2001; No 73, 2008; No 61, 2016 |
s 47.................... | am No 61, 2016 |
s 48.................... | am No 61, 2016 |
s 51.................... | am No 61, 2016 |
Part VIII |
|
s 53.................... | am No 168, 1986 |
s 56.................... | am No 15, 1998; No 92, 1999; No 38, 2024 |