1Purpose
The purpose of this Act is to make provision for the biological control of pests in Victoria.
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The purpose of this Act is to make provision for the biological control of pests in Victoria.
This Act comes into operation on a day to be proclaimed.
In this Act—
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 Victorian 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; and
prevent an increase in the number of those organisms; and
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;
S. 3(1) def. of Council substituted by Nos 1/1996 s. 3(1), 13/2022 s. 65.
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;
S. 3(1) def. of kind amended by No. 48/2016 s. 28(2).
kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub-species or variety;
S. 3(1) def. of organism amended by No. 48/2016 s. 28(3).
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; and
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;
S. 3(1) def. of prescribed live organisms repealed by No. 48/2016 s. 28(4).
* * * * *
S. 3(1) def. of prescribed organisms inserted by No. 48/2016 s. 28(1).
prescribed organisms means organisms that are—
live organisms; or
viruses or sub-viral agents—
but does not include live vaccines or resistant cultivars;
relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;
State includes the Northern Territory;
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 does not include the Northern 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 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 was in session; and
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; and
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.
S. 3(7) inserted by No. 1/1996 s. 3(2).
If the name of the Council is changed, a reference in this Act to the Council must be read, from the date of the change, as a reference to the Council by its new name.
S. 3(8) inserted by No. 1/1996 s. 3(2).
If the Council ceases to exist or the Minister ceases to be a member of the Council, the regulations may prescribe another ministerial council of which the Minister is a member to be the Council for the purposes of this Act.
S. 4 amended by No. 48/2016 s. 29.
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.
Where a law of the Commonwealth or of a State other than Victoria—
provides for the control by biological means of organisms causing harm; and
establishes an authority having similar functions to those of the Authority—
the Authority may, by notice published in the Government Gazette, declare that law to be a relevant law for the purposes of this Act.
A declaration must not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.
A declaration made under subsection (1) ceases to have effect in respect of a law if that law ceases to be a law described in subsection (1)(a) and (b).
This Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown in right of Victoria or in any other capacity liable to be prosecuted for an offence.
The fact that certain functions 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 for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture.
For the purposes of this Act, a Victorian Biological Control Authority is established by this section.
S. 8(2) substituted by No. 1/1996 s. 4.
The Authority is the Minister.
S. 9(1) amended by No. 1/1996 s. 5.
The Authority may delegate to an officer of the department administered by the Minister the exercise of any of the functions of the Authority under this Act, other than—
the exercise of the functions of the Authority under section 17, 18, 26, 27, 28, 29, 31, 32, 36 or 51; or
this power of delegation.
A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 2—Target organisms
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 being made to the Authority by the Council; or
an application being made under section 11.
Where a person considers that organisms of a particular kind are causing harm in the State and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.
A target application must be in writing signed—
in the case of an application by a natural person—by the applicant; or
in any other case—by a natural person authorized by the applicant to do so.
A target application in relation to organisms of a particular kind must set out—
particulars identifying the organisms; and
particulars of the reasons why the organisms are considered to be causing harm in the State; and
particulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and
such other particulars (if any) as are prescribed.
A person who has made a target application may withdraw that application at any time before the application is referred to the Council under section 13(1).
The withdrawal of a target application shall be effected by the making of a request for withdrawal to the Authority in writing signed—
in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or
in any other case—by the person who signed the application or by a person authorized by the applicant to sign the request.
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