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This Act may be cited as the Biological Control Act 1984.
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:
reduce the number of those organisms;
prevent an increase in the number of those organisms;
reduce the activity or appetite of some or all of those organisms; and
modify the behaviour or characteristics of some or all of those organisms.
Council means:
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
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:
an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
a part of, or matter discharged from, an organism within the meaning of paragraph (a); or
a virus or a sub‑viral agent.
organization includes:
a body corporate;
an association or other body of persons; and
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:
live organisms; or
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.
For the purposes of this Act, the Jervis Bay Territory shall be taken to be part of the Australian Capital Territory.
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.
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.
For the purposes of this Act:
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;
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;
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
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.
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.
In this Act:
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
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.
For the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of prescribed organisms of another kind.
The Minister may, by notice published in the Gazette, declare that this Act extends to:
the Territory of Cocos (Keeling) Islands;
the Territory of Christmas Island;
the Coral Sea Islands Territory; or
the Territory of Ashmore and Cartier Islands.
Where a declaration under subsection (1) is in force in relation to a Territory, this Act has effect, in relation to that Territory, as if the references in this Act, other than in this section, to the Australian Capital Territory were references to that Territory.
This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for:
any other law of the Commonwealth, whether passed or made before or after the commencement of this Act; or
if this Act extends to an external Territory, any law of that Territory, whether passed or made before or after the commencement of this Act.
Without limiting the generality of subsection (1), this Act shall not be read or construed as authorizing or permitting the doing of any act in contravention of:
the Biosecurity Act 2015; or
Part 13A of the Environment Protection and Biodiversity Conservation Act 1999.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
The fact that certain powers of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may be regarded as causing harm for the purposes of this Act are kinds that are harmful by reason of their effect on agriculture.
For the purposes of this Act, a Commonwealth Biological Control Authority is established by this section.
The Authority shall be the Minister who is for the time being a member of the Council.
Where a law of a State:
provides for the control by biological means of organisms causing harm in the State; and
establishes an authority having similar powers and functions to those of the Authority;
the Authority may, by notice published in the Gazette, declare that law to be a relevant State law for the purposes of this Act.
A declaration shall not be made under subsection (1) in respect of a law of a State unless the Minister of the State administering that law consents in writing to the declaration being made.
A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in paragraphs (1)(a) and (b).
The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Authority, delegate to an officer of the Department any of the powers of the Authority under this Act, other than:
the powers of the Authority under section 9, 19, 20, 28, 29, 30, 31, 33, 34, 38 or 53; or
this power of delegation.
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Authority.
A delegation under this section does not prevent the exercise of a power by the Authority.
Subject to and in accordance with this Part, organisms of a particular kind may be declared to be target organisms for the purposes of this Act.
Action for the declaration of target organisms in accordance with this Part may be commenced by:
a unanimous recommendation to the Authority by the Council; or
an application under section 13.