(1) If the Authority is satisfied that:
(a) before the commencement of this Act, prescribed organisms of a particular kind were released in the Australian Capital Territory for the purpose of the control, by biological means, of organisms of another kind in that Territory; and
(b) if this Act had been in force before the release of the first - mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second - mentioned kind being declared to be target organisms and the organisms of the first - mentioned kind being declared to be agent organisms;
the Authority, subject to subsection (1A), may, by notice published in the Gazette , declare:
(c) organisms of the second - mentioned kind to be target organisms for the purposes of this Act; and
(d) organisms of the first - mentioned kind to be agent organisms for the purposes of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in respect of an organism unless:
(a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the declaration be made.
(2) A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be released.