(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.