Agriculture Minister may give general directions to Director of Biosecurity
543 Agriculture Minister may give general directions to Director of Biosecurity
The Agriculture Minister may, by legislative instrument, give directions to the Director of Biosecurity about the performance of his or her functions or the exercise of his or her powers.
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
A direction under subsection (1) must be of a general nature only.
Subject to section 168, the Agriculture Minister must not give directions to the Director of Biosecurity in relation to:
the conduct of a BIRA in relation to particular goods; or
a decision relating to a permit to bring or import goods, or a class of goods, into Australian territory.
Section 168 provides for the Agriculture Minister to direct the Director of Biosecurity to commence a BIRA in relation to particular goods if the Agriculture Minister is satisfied that the BIRA should be commenced.
Part 2 of Chapter 3 (managing biosecurity risks: goods) deals with BIRAs in relation to particular goods and Division 3 of Part 3 of that Chapter deals with permits to bring or import goods into Australian territory.
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