Biosecurity Act 2015

For the purposes of subsection 413(3), 418(2) or 423(2), the relevant Director must give the biosecurity industry participant covered by an approved arrangement a notice before doing the following things:

varying under paragraph 413(1)(a) the conditions of the approved arrangement (including by imposing new conditions);

requiring under paragraph 413(1)(b) the biosecurity industry participant to vary the approved arrangement;

suspending under subsection 418(1) the approved arrangement or a part of the approved arrangement;

revoking under subsection 423(1) the approved arrangement.

A notice under subsection (1) must:

be in writing; and

state the thing or things covered by subsection (1) that the relevant Director is considering doing; and

state the reasons for the relevant Director giving the notice; and

subject to subsection (3), invite the biosecurity industry participant to give the relevant Director, within 14 days after the day the notice is given to the biosecurity industry participant, a written submission in relation to the notice; and

include a statement setting out the biosecurity industry participant’s right to seek review of a decision of the relevant Director to do a thing covered by subsection (1).

A notice under subsection (1) is not required to include the invitation referred to in paragraph (2)(d) in relation to a thing covered by subsection (1) if the relevant Director is satisfied that the grounds for doing that thing are serious and urgent.

If the relevant Director gives a biosecurity industry participant a notice under subsection (1), the relevant Director may do more than one thing covered by subsection (1) in connection with the giving of that notice.

Assume the relevant Director gives a biosecurity industry participant a notice under subsection (1) stating the relevant Director is considering suspending the approved arrangement and is considering revoking the approved arrangement.

The relevant Director may give a biosecurity industry participant a notice in writing that reprimands the biosecurity industry participant for a matter specified in the notice if:

the relevant Director has given the biosecurity industry participant a notice under subsection (1); and

the relevant Director does none of the things covered by subsection (1) in connection with the giving of the notice under subsection (1).