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

Schedule 4   Application, saving and transitional provisions commencing later

Part 8   Governance and officials

64   Instruments continued by this Act that confer functions or powers on certain persons

(1) This item applies in relation to an instrument (however described) under the Quarantine Act that continues to have effect because of this Act.

(2) A reference in the instrument that:

(a) is to a person mentioned in column 1 of an item of the following table; and

(b) provides for the person to have a function or power;

has effect, in relation to the performance of the function, or the exercise of the power, on or after the commencement day, as if it were a reference to a person mentioned in column 2 of the item.

References in instruments to certain persons

 

Column 1

Person mentioned in instrument

Column 2

Person who has the function or power on and after commencement day

1

The Minister (however described) administering the Quarantine Act

The Agriculture Minister

2

The Secretary (however described) of the Department (however described) administered by the Minister mentioned in item 1 of this column

The Director of Biosecurity

3

A Director of Quarantine (however described)

The Director of Biosecurity

4

A quarantine officer (however described)

A biosecurity officer

(3) If a person mentioned in column 1 of an item of the table in subitem (2) had, under section 10, 10A or 10B of the Quarantine Act, delegated the power that the instrument provided for him or her to have to a person, subitem (2) has effect as if column 2 of the item included a reference to that person for so long as that person is a biosecurity official.