Biosecurity Act 2019

The Secretary may, by written notice to a registered entity, suspend the biosecurity registration of the registered entity if the Secretary is satisfied that there are grounds for the suspension of registration.

A notice under subsection (1) is to specify – the grounds for the suspension; and the date or time from which the suspension takes effect; and the period of the suspension; and the actions required, if any, for the suspension to be lifted.

Before suspending the biosecurity registration of a registered entity under subsection (1), the Secretary must – give written notice to the registered entity of the Secretary’s intention to suspend registration and the proposed grounds for doing so; and allow the registered entity at least 14 days to make a submission to the Secretary about the proposed suspension before the suspension is to occur; and take into account any submission made to the Secretary by the registered entity before the deadline for the making of a submission.

The Secretary is not required to give notice under subsection (3) of a proposed suspension if the Secretary is of the opinion that the suspension is required urgently because of the biosecurity impact of the regulated dealing being carried out by the registered entity, or in an emergency.

However, if the Secretary suspends a registered entity's biosecurity registration without giving notice to the registered entity under subsection (3), the Secretary must – give the registered entity written notice of the grounds for the suspension as soon as practicable after the suspension occurs; and invite the registered entity to make a submission to the Secretary about the suspension by a specified deadline (being at least 14 days after the notice is given to the registered entity).

If the registered entity makes a submission to the Secretary about the suspension before the specified deadline, the Secretary must – decide whether the suspension should be revoked or continued, having regard to that submission; and give written notice of that decision to the registered entity.