Biological Control Act 1986

In this Act, unless the contrary intention appears – agent application means an application under section 20; agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27, 28, 29, or 32, 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 section 4 (1) of the Commonwealth Act is in force;Authority means the Tasmanian Biological Control Authority established by section 8;Commonwealth Act means the Biological Control Act 1984 of the Commonwealth; 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 the body known as the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name; kind, in relation to live organisms, or viruses or sub-viral agents, means species, subspecies 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 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 referred to in paragraphs (a) and (b); person includes an organization; prescribed organisms means organisms that are – live organisms; or viruses or sub-viral agents; relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;State means – a State of the Commonwealth; or the Northern Territory of Australia; target application means an application under section 11; target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18, 28, 29, or 32, 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 means a Territory referred to in section 122 of the Constitution of the Commonwealth but does not include the Northern Territory of Australia.

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 State if they cause harm in a part or parts only of the State.

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 or given while the Council is 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 authorized 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 function includes a reference to a power, authority and duty; and the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.