Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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) if there is a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to agriculture--that body; or
(b) otherwise--a body prescribed by the regulations for the purposes of this paragraph.
"kind" , in relation to live organisms, viruses or sub - viral agents, 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); or
(c) a virus or a sub - viral agent.
"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 organisms" means organisms that are:
(a) live organisms; or
(b) viruses or sub - viral agents;
but does not include 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 .