Commonwealth Consolidated Acts

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BIOLOGICAL CONTROL ACT 1984 - SECT 19

Inquiries relating to target organisms

  (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; or

  (f)   arrange for the Minister who administers the Productivity Commission Act 1998 to refer the recommendation to the Productivity Commission for inquiry and report.

  (1A)   Action shall not be taken under paragraph   (1)(e) or (f) 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) or (f) 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.



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