Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (62 of 2015)

Schedule 4   Application, saving and transitional provisions commencing later

Part 5   Co-regulatory approvals and compliance agreements

Division 2   Compliance agreements

53   Extension of transitional approved arrangement

(1) A biosecurity industry participant (the applicant ) covered by a transitional approved arrangement that is taken to exist because of subitem 52(3) may apply, in writing, to the Director of Biosecurity to extend the period (the period of operation ) during which the arrangement remains in force. The application must be made:

(a) within the period of 3 months ending immediately before the cessation time for the arrangement; or

(b) if the Director consents, after the end of that period.

Note: An application fee may be required (see item 58).

(2) If the Director of Biosecurity receives an application in relation to a transitional approved arrangement under subitem (1), the Director may extend the period of operation of the arrangement, for up to 18 months after the cessation time for the arrangement, if the Director is satisfied, having regard to any matter that the Director considers relevant, that:

(a) the applicant is a fit and proper person (having regard to the matters referred to in section 530 of the Biosecurity Act); and

(b) the level of biosecurity risk associated with the operation of the arrangement is acceptable.

Note: See Division 3 for matters relating to dealing with applications.

(3) If the Director of Biosecurity decides to extend the period of operation of the transitional approved arrangement, the extended period of operation begins, or is taken to have begun, immediately after the cessation time for the arrangement.

(4) The Director of Biosecurity must notify the applicant, in writing:

(a) of the Director's decision; and

(b) if the decision is to extend the period of operation of the transitional approved arrangement - of the extended period of operation; and

(c) if the decision is not to extend the period of operation of the transitional approved arrangement - of the reasons for the decision.

(5) A decision by the Director of Biosecurity under this item not to extend the period of operation of the transitional approved arrangement is a reviewable decision for the purposes of the Biosecurity Act and the applicant is the relevant person for the reviewable decision.

(6) Section 530 of the Biosecurity Act applies for the purposes of determining whether a person is a fit and proper person for the purposes of this item (in addition to the other purposes for which that section applies).

(7) The period of operation of a transitional approved arrangement that is taken to exist because of subitem 52(3) may be extended only once.