Commonwealth Consolidated Acts

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BIOLOGICAL CONTROL ACT 1984 - SECT 32

Notice of proposed declaration under section 31

  (1)   Where the Authority is contemplating making a declaration under section   31, the Authority, subject to subsection   (1A), may publish in the Gazette and in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating making that declaration.

  (1A)   The Authority shall not publish a notice 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 notice be published.

  (2)   A notice under subsection   (1) shall:

  (a)   set out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms;

  (b)   set out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms;

  (c)   identify the occasions known to the Authority on which the organisms referred to in paragraph   (b) were released; and

  (d)   invite any persons who object to, or support, the declaration being made to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within 6 weeks after the date of the publication of the notice in the Gazette , or within such further period as the Authority (either before or after the expiration of that period) allows.

  (3)   Where the Authority publishes a notice under subsection   (1) in relation to a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered any submissions in response to an invitation referred to in paragraph   (2)(d) in relation to the declaration.



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