{"id":"qld:act-2004-019","name":"Biodiscovery Act 2004","slug":"biodiscovery-act-2004","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30795,"registerId":"qld-act-2004-019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Biodiscovery Act 2004 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe main purposes of this Act are—\nto ensure biodiscovery entities act appropriately when accessing or using traditional knowledge for biodiscovery; and\nto facilitate access by biodiscovery entities to minimal quantities of native biological material for biodiscovery on or in State land or Queensland waters; and\nto encourage the development, in the State, of value added biodiscovery; and\nto ensure the State, for the benefit of all persons in the State, obtains a fair and equitable share in the benefits of biodiscovery; and\nSee the definition of benefits of biodiscovery in the schedule .\nto ensure biodiscovery enhances knowledge of the State’s biological diversity, promoting conservation and sustainable use of native biological resources.\nThe purposes are achieved mainly by providing for—\nthe measures to be taken by persons accessing or using traditional knowledge for biodiscovery; and\nthe following streamlined frameworks—\na regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery;\na contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and\na compliance code and collection protocols for taking native biological material; and\nthe monitoring and enforcement of compliance with this Act.\ns 3 amd 2017 No. 35 s 3 ; 2020 No. 27 s 5\n(sec.3-ssec.1) The main purposes of this Act are— to ensure biodiscovery entities act appropriately when accessing or using traditional knowledge for biodiscovery; and to facilitate access by biodiscovery entities to minimal quantities of native biological material for biodiscovery on or in State land or Queensland waters; and to encourage the development, in the State, of value added biodiscovery; and to ensure the State, for the benefit of all persons in the State, obtains a fair and equitable share in the benefits of biodiscovery; and See the definition of benefits of biodiscovery in the schedule . to ensure biodiscovery enhances knowledge of the State’s biological diversity, promoting conservation and sustainable use of native biological resources.\n(sec.3-ssec.2) The purposes are achieved mainly by providing for— the measures to be taken by persons accessing or using traditional knowledge for biodiscovery; and the following streamlined frameworks— a regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery; a contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and a compliance code and collection protocols for taking native biological material; and the monitoring and enforcement of compliance with this Act.\n- (a) to ensure biodiscovery entities act appropriately when accessing or using traditional knowledge for biodiscovery; and\n- (b) to facilitate access by biodiscovery entities to minimal quantities of native biological material for biodiscovery on or in State land or Queensland waters; and\n- (c) to encourage the development, in the State, of value added biodiscovery; and\n- (d) to ensure the State, for the benefit of all persons in the State, obtains a fair and equitable share in the benefits of biodiscovery; and Note— See the definition of benefits of biodiscovery in the schedule .\n- (e) to ensure biodiscovery enhances knowledge of the State’s biological diversity, promoting conservation and sustainable use of native biological resources.\n- (a) the measures to be taken by persons accessing or using traditional knowledge for biodiscovery; and\n- (b) the following streamlined frameworks— (i) a regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery; (ii) a contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and\n- (i) a regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery;\n- (ii) a contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and\n- (c) a compliance code and collection protocols for taking native biological material; and\n- (d) the monitoring and enforcement of compliance with this Act.\n- (i) a regulatory framework for taking and using native biological material, in a sustainable way, for biodiscovery;\n- (ii) a contractual framework for benefit sharing agreements, and subsequent use agreements under those agreements, to be entered into with biodiscovery entities for the use, for biodiscovery, of native biological material; and","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Why this Act was enacted","content":"### sec.4 Why this Act was enacted\n\nThe Commonwealth has ratified the Convention on Biological Diversity, the objects of which are—\nthe conservation of biological diversity; and\nthe sustainable use of its components; and\nthe fair and equitable sharing of benefits arising from the use of genetic resources.\nThe Convention on Biological Diversity requires countries to develop and implement strategies for the conservation of biological diversity and the sustainable use of its components.\nArticle 15 of the Convention on Biological Diversity recognises the sovereign rights of the States over their natural resources and the States’ authority to decide access to genetic resources, including the fair and equitable sharing of benefits gained from the access.\nThe Nagoya Protocol is a supplementary agreement implementing Article 15 of the Convention on Biological Diversity that includes principles aimed at ensuring—\ntraditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and\nagreements are negotiated with Indigenous peoples for the fair and equitable sharing of benefits arising from the use of traditional knowledge associated with genetic resources.\nThis Act is intended to give effect to—\nArticle 15 of the Convention on Biological Diversity to the extent it relates to native biological material on or in State land or Queensland waters; and\nthe principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources.\nIn this section—\nConvention on Biological Diversity means the agreement—\ncalled the ‘Convention on Biological Diversity’; and\nopened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (known as the ‘Rio de Janeiro Earth Summit’); and\nratified by the Commonwealth on 18 June 1993; and\nentered into force on 29 December 1993.\ngenetic resources see the Convention on Biological Diversity, Article 2 .\nNagoya Protocol means the agreement—\ncalled the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity’; and\nadopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and\nsigned by the Commonwealth on 20 January 2012; and\nentered into force on 12 October 2014.\ns 4 amd 2020 No. 27 s 6\n(sec.4-ssec.1) The Commonwealth has ratified the Convention on Biological Diversity, the objects of which are— the conservation of biological diversity; and the sustainable use of its components; and the fair and equitable sharing of benefits arising from the use of genetic resources.\n(sec.4-ssec.2) The Convention on Biological Diversity requires countries to develop and implement strategies for the conservation of biological diversity and the sustainable use of its components.\n(sec.4-ssec.3) Article 15 of the Convention on Biological Diversity recognises the sovereign rights of the States over their natural resources and the States’ authority to decide access to genetic resources, including the fair and equitable sharing of benefits gained from the access.\n(sec.4-ssec.4) The Nagoya Protocol is a supplementary agreement implementing Article 15 of the Convention on Biological Diversity that includes principles aimed at ensuring— traditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and agreements are negotiated with Indigenous peoples for the fair and equitable sharing of benefits arising from the use of traditional knowledge associated with genetic resources.\n(sec.4-ssec.5) This Act is intended to give effect to— Article 15 of the Convention on Biological Diversity to the extent it relates to native biological material on or in State land or Queensland waters; and the principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources.\n(sec.4-ssec.6) In this section— Convention on Biological Diversity means the agreement— called the ‘Convention on Biological Diversity’; and opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (known as the ‘Rio de Janeiro Earth Summit’); and ratified by the Commonwealth on 18 June 1993; and entered into force on 29 December 1993. genetic resources see the Convention on Biological Diversity, Article 2 . Nagoya Protocol means the agreement— called the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity’; and adopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and signed by the Commonwealth on 20 January 2012; and entered into force on 12 October 2014.\n- (a) the conservation of biological diversity; and\n- (b) the sustainable use of its components; and\n- (c) the fair and equitable sharing of benefits arising from the use of genetic resources.\n- (a) traditional knowledge associated with genetic resources is accessed with free, prior and informed consent; and\n- (b) agreements are negotiated with Indigenous peoples for the fair and equitable sharing of benefits arising from the use of traditional knowledge associated with genetic resources.\n- (a) Article 15 of the Convention on Biological Diversity to the extent it relates to native biological material on or in State land or Queensland waters; and\n- (b) the principles of the Nagoya Protocol mentioned in subsection (4) in relation to native biological material, instead of only genetic resources.\n- (a) called the ‘Convention on Biological Diversity’; and\n- (b) opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (known as the ‘Rio de Janeiro Earth Summit’); and\n- (c) ratified by the Commonwealth on 18 June 1993; and\n- (d) entered into force on 29 December 1993.\n- (a) called the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity’; and\n- (b) adopted at the conference of the parties to the Convention on Biological Diversity on 29 October 2010; and\n- (c) signed by the Commonwealth on 20 January 2012; and\n- (d) entered into force on 12 October 2014.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Operation of Act","content":"# Operation of Act","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.6-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.6-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Relationship with other Acts","content":"### sec.7 Relationship with other Acts\n\nThis section applies in relation to any other Act to the extent the other Act —\nrequires a person to obtain a licence, permit or other authority to take native biological material for which a collection authority may be issued under this Act; or\nprohibits the taking of native biological material for which a collection authority may be issued under this Act.\nDespite the other Act, if a collection authority is issued to a person for taking native biological material under this Act, the person is not—\nrequired to obtain the licence, permit or other authority for taking the material under the other Act; or\nprohibited from taking the material under the other Act.\nHowever, subsection (2) applies only to the extent the person taking the native biological material complies with this Act.\ns 7 amd 2020 No. 27 s 7\n(sec.7-ssec.1) This section applies in relation to any other Act to the extent the other Act — requires a person to obtain a licence, permit or other authority to take native biological material for which a collection authority may be issued under this Act; or prohibits the taking of native biological material for which a collection authority may be issued under this Act.\n(sec.7-ssec.2) Despite the other Act, if a collection authority is issued to a person for taking native biological material under this Act, the person is not— required to obtain the licence, permit or other authority for taking the material under the other Act; or prohibited from taking the material under the other Act.\n(sec.7-ssec.3) However, subsection (2) applies only to the extent the person taking the native biological material complies with this Act.\n- (a) requires a person to obtain a licence, permit or other authority to take native biological material for which a collection authority may be issued under this Act; or\n- (b) prohibits the taking of native biological material for which a collection authority may be issued under this Act.\n- (a) required to obtain the licence, permit or other authority for taking the material under the other Act; or\n- (b) prohibited from taking the material under the other Act.","sortOrder":8},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Relationship with International food and agriculture treaty","content":"### sec.7A Relationship with International food and agriculture treaty\n\nThis section applies to a person taking or using a plant if—\nthe plant is listed in the International food and agriculture treaty, Annex 1; and\nthe taking or using involves biodiscovery or using traditional knowledge for biodiscovery.\nThe person is exempt from the requirements of this Act to the extent the plant is taken or used—\nfor a food or agriculture purpose; and\nin a way that is consistent with the International food and agriculture treaty.\nIn this section—\nInternational food and agriculture treaty means the agreement—\ncalled the ‘International treaty on plant genetic resources for food and agriculture’; and\nadopted at the Conference of the Food and Agriculture Organization of the United Nations on 3 November 2001; and\nentered into force on 29 June 2004.\ns 7A ins 2020 No. 27 s 8\n(sec.7A-ssec.1) This section applies to a person taking or using a plant if— the plant is listed in the International food and agriculture treaty, Annex 1; and the taking or using involves biodiscovery or using traditional knowledge for biodiscovery.\n(sec.7A-ssec.2) The person is exempt from the requirements of this Act to the extent the plant is taken or used— for a food or agriculture purpose; and in a way that is consistent with the International food and agriculture treaty.\n(sec.7A-ssec.3) In this section— International food and agriculture treaty means the agreement— called the ‘International treaty on plant genetic resources for food and agriculture’; and adopted at the Conference of the Food and Agriculture Organization of the United Nations on 3 November 2001; and entered into force on 29 June 2004.\n- (a) the plant is listed in the International food and agriculture treaty, Annex 1; and\n- (b) the taking or using involves biodiscovery or using traditional knowledge for biodiscovery.\n- (a) for a food or agriculture purpose; and\n- (b) in a way that is consistent with the International food and agriculture treaty.\n- (a) called the ‘International treaty on plant genetic resources for food and agriculture’; and\n- (b) adopted at the Conference of the Food and Agriculture Organization of the United Nations on 3 November 2001; and\n- (c) entered into force on 29 June 2004.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Operation of Act","content":"### sec.8 Operation of Act\n\nThis Act is intended to operate to its full effect despite any adverse effect its operation may have on the existence or exercise of any private rights, including proprietary rights.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.9 Extraterritorial application of Act\n\nThis Act applies both within and outside Queensland.\nSubject to the Commonwealth Constitution, this Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\nA person commits an offence that is defined in a provision of this Act, other than this provision, if—\nthe person does an act, or makes an omission, outside the State in relation to native biological material; and\nthe act or omission would constitute the offence if it were done or made by the person within the State.\nThis section does not limit the Criminal Code , sections 12 to 14 .\ns 9 amd 2020 No. 27 s 9\n(sec.9-ssec.1) This Act applies both within and outside Queensland.\n(sec.9-ssec.2) Subject to the Commonwealth Constitution, this Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n(sec.9-ssec.3) A person commits an offence that is defined in a provision of this Act, other than this provision, if— the person does an act, or makes an omission, outside the State in relation to native biological material; and the act or omission would constitute the offence if it were done or made by the person within the State.\n(sec.9-ssec.4) This section does not limit the Criminal Code , sections 12 to 14 .\n- (a) the person does an act, or makes an omission, outside the State in relation to native biological material; and\n- (b) the act or omission would constitute the offence if it were done or made by the person within the State.","sortOrder":11},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Using traditional knowledge for biodiscovery","content":"# Using traditional knowledge for biodiscovery","sortOrder":12},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Application of part","content":"### sec.9A Application of part\n\nThis part applies in relation to taking and using native biological material for biodiscovery, regardless of whether or not the material is taken from State land or Queensland waters.\ns 9A ins 2020 No. 27 s 10","sortOrder":14},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Traditional knowledge obligation","content":"## Traditional knowledge obligation","sortOrder":15},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Obligation about using traditional knowledge for biodiscovery","content":"### sec.9B Obligation about using traditional knowledge for biodiscovery\n\nThis section applies to a person who accesses traditional knowledge when engaging in biodiscovery or preparing to engage in biodiscovery.\nThe person must take all reasonable and practical measures to ensure the person does not use the traditional knowledge for biodiscovery other than under an agreement with the custodians of the knowledge.\nMaximum penalty—5,000 penalty units.\nThis provision is an executive liability provision—see section 115 .\nThe requirement under subsection (2) is the traditional knowledge obligation .\nWithout limiting how the person may comply with the traditional knowledge obligation, the person is taken to comply with the obligation if—\nthe person complies with the traditional knowledge code of practice; or\nthe person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice.\ns 9B ins 2020 No. 27 s 10\n(sec.9B-ssec.1) This section applies to a person who accesses traditional knowledge when engaging in biodiscovery or preparing to engage in biodiscovery.\n(sec.9B-ssec.2) The person must take all reasonable and practical measures to ensure the person does not use the traditional knowledge for biodiscovery other than under an agreement with the custodians of the knowledge. Maximum penalty—5,000 penalty units. This provision is an executive liability provision—see section 115 .\n(sec.9B-ssec.3) The requirement under subsection (2) is the traditional knowledge obligation .\n(sec.9B-ssec.4) Without limiting how the person may comply with the traditional knowledge obligation, the person is taken to comply with the obligation if— the person complies with the traditional knowledge code of practice; or the person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice.\n- (a) the person complies with the traditional knowledge code of practice; or\n- (b) the person is employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice.","sortOrder":16},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Traditional knowledge code of practice","content":"## Traditional knowledge code of practice","sortOrder":17},{"sectionNumber":"sec.9C","sectionType":"section","heading":"Making code of practice","content":"### sec.9C Making code of practice\n\nThe Minister may make a code of practice (the traditional knowledge code of practice ) about the following matters—\nthe circumstances in which the traditional knowledge obligation applies;\nprocesses for identifying the custodians of traditional knowledge;\nreasonable and practical measures for obtaining the agreement of the custodians of traditional knowledge;\nanother matter in relation to complying with the traditional knowledge obligation.\nThe traditional knowledge code of practice must be published on the department’s website.\nThe traditional knowledge code of practice takes effect when it is approved by regulation.\ns 9C ins 2020 No. 27 s 10\n(sec.9C-ssec.1) The Minister may make a code of practice (the traditional knowledge code of practice ) about the following matters— the circumstances in which the traditional knowledge obligation applies; processes for identifying the custodians of traditional knowledge; reasonable and practical measures for obtaining the agreement of the custodians of traditional knowledge; another matter in relation to complying with the traditional knowledge obligation.\n(sec.9C-ssec.2) The traditional knowledge code of practice must be published on the department’s website.\n(sec.9C-ssec.3) The traditional knowledge code of practice takes effect when it is approved by regulation.\n- (a) the circumstances in which the traditional knowledge obligation applies;\n- (b) processes for identifying the custodians of traditional knowledge;\n- (c) reasonable and practical measures for obtaining the agreement of the custodians of traditional knowledge;\n- (d) another matter in relation to complying with the traditional knowledge obligation.","sortOrder":18},{"sectionNumber":"sec.9D","sectionType":"section","heading":"Consultation about code of practice","content":"### sec.9D Consultation about code of practice\n\nIn preparing the traditional knowledge code of practice, the Minister must consult with—\nAboriginal and Torres Strait Islander groups in Queensland; and\nbiodiscovery entities.\ns 9D ins 2020 No. 27 s 10\n- (a) Aboriginal and Torres Strait Islander groups in Queensland; and\n- (b) biodiscovery entities.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Collection authorities","content":"# Collection authorities","sortOrder":20},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":21},{"sectionNumber":"sec.10","sectionType":"section","heading":"What collection authority authorises","content":"### sec.10 What collection authority authorises\n\nSubject to section 17 , a collection authority authorises its holder to take minimal quantities of stated native biological material from, on or in, State land or Queensland waters, and keep the material, for biodiscovery.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Application for collection authority","content":"## Application for collection authority","sortOrder":23},{"sectionNumber":"sec.11","sectionType":"section","heading":"Procedural requirements for application","content":"### sec.11 Procedural requirements for application\n\nAn application for a collection authority must be—\nmade to the chief executive in the approved form; and\nsupported by sufficient information to enable the chief executive to decide the application; and\naccompanied by each of the following—\nthe application fee prescribed under a regulation;\nthe registration fee prescribed under a regulation;\nany other document, identified in the approved form, the chief executive reasonably requires for deciding the application.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\ns 11 amd 2020 No. 27 s 11\n(sec.11-ssec.1) An application for a collection authority must be— made to the chief executive in the approved form; and supported by sufficient information to enable the chief executive to decide the application; and accompanied by each of the following— the application fee prescribed under a regulation; the registration fee prescribed under a regulation; any other document, identified in the approved form, the chief executive reasonably requires for deciding the application.\n(sec.11-ssec.2) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n- (a) made to the chief executive in the approved form; and\n- (b) supported by sufficient information to enable the chief executive to decide the application; and\n- (c) accompanied by each of the following— (i) the application fee prescribed under a regulation; (ii) the registration fee prescribed under a regulation; (iii) any other document, identified in the approved form, the chief executive reasonably requires for deciding the application.\n- (i) the application fee prescribed under a regulation;\n- (ii) the registration fee prescribed under a regulation;\n- (iii) any other document, identified in the approved form, the chief executive reasonably requires for deciding the application.\n- (i) the application fee prescribed under a regulation;\n- (ii) the registration fee prescribed under a regulation;\n- (iii) any other document, identified in the approved form, the chief executive reasonably requires for deciding the application.","sortOrder":24},{"sectionNumber":"sec.12","sectionType":"section","heading":"Content of approved form","content":"### sec.12 Content of approved form\n\nThe approved form for the application must provide for the inclusion of each of the following—\nthe applicant’s name and, if the applicant is not an individual, the applicant’s ACN or ABN;\nthe applicant’s place of business;\nan appropriate description of the State land or Queensland waters to which the application relates;\nthe real property description or geographic coordinates of the land or waters\na description of the type of material, proposed to be taken under the collection authority, of sufficient detail to enable the material to be identified for deciding the application;\nthe material’s scientific classification, to the extent known by the applicant;\na description of the proposed commercialisation activities for the material;\nthe period for which the collection authority is sought.\nThe approved form may include requirements for the description mentioned in subsection (1) (d) .\ns 12 amd 2020 No. 27 s 12\n(sec.12-ssec.1) The approved form for the application must provide for the inclusion of each of the following— the applicant’s name and, if the applicant is not an individual, the applicant’s ACN or ABN; the applicant’s place of business; an appropriate description of the State land or Queensland waters to which the application relates; the real property description or geographic coordinates of the land or waters a description of the type of material, proposed to be taken under the collection authority, of sufficient detail to enable the material to be identified for deciding the application; the material’s scientific classification, to the extent known by the applicant; a description of the proposed commercialisation activities for the material; the period for which the collection authority is sought.\n(sec.12-ssec.2) The approved form may include requirements for the description mentioned in subsection (1) (d) .\n- (a) the applicant’s name and, if the applicant is not an individual, the applicant’s ACN or ABN;\n- (b) the applicant’s place of business;\n- (c) an appropriate description of the State land or Queensland waters to which the application relates; Example— the real property description or geographic coordinates of the land or waters\n- (d) a description of the type of material, proposed to be taken under the collection authority, of sufficient detail to enable the material to be identified for deciding the application;\n- (e) the material’s scientific classification, to the extent known by the applicant;\n- (f) a description of the proposed commercialisation activities for the material;\n- (g) the period for which the collection authority is sought.","sortOrder":25},{"sectionNumber":"sec.13","sectionType":"section","heading":"Chief executive’s powers before deciding application","content":"### sec.13 Chief executive’s powers before deciding application\n\nBefore deciding the application, the chief executive may, by written notice given to the applicant, ask for any further information or document the chief executive reasonably requires to decide the application.\nThe notice must state a reasonable period of at least 20 business days after it is given (the stated period ) within which the information or document must be given.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\nA notice under subsection (1) must be given to the applicant within 20 business days after the chief executive receives the application.\ns 13 amd 2020 No. 27 s 3 sch 1\n(sec.13-ssec.1) Before deciding the application, the chief executive may, by written notice given to the applicant, ask for any further information or document the chief executive reasonably requires to decide the application.\n(sec.13-ssec.2) The notice must state a reasonable period of at least 20 business days after it is given (the stated period ) within which the information or document must be given.\n(sec.13-ssec.3) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.13-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\n(sec.13-ssec.5) A notice under subsection (1) must be given to the applicant within 20 business days after the chief executive receives the application.","sortOrder":26},{"sectionNumber":"sec.14","sectionType":"section","heading":"Deciding application","content":"### sec.14 Deciding application\n\nThe chief executive must consider the application and decide—\nto grant the application, with or without conditions decided by the chief executive; or\nSee section 17 for other conditions of the collection authority.\nto refuse the application.\nThe chief executive may grant the application only if the chief executive is satisfied of each of the following—\nthe proposed taking and use of the native biological material—\nis for biodiscovery only; and\nconforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ;\nother matters prescribed under a regulation for achieving the purposes of this Act .\nAlso, if the application relates to State land that is a State plantation forest under the Forestry Act 1959 , the chief executive must consult with any plantation licensee for a licence area in the State plantation forest when considering the application.\nSubsection (2) does not limit the matters to which the chief executive may have regard in deciding the application.\nThe chief executive may refuse the application even if a benefit sharing agreement is in force concerning the material the subject of the application.\nIn this section—\nlicence area , in a State plantation forest, see the Forestry Act 1959 , schedule 3 .\nplantation licensee , for a licence area in a State plantation forest, see the Forestry Act 1959 , schedule 3 .\ns 14 amd 2006 No. 16 s 68 sch 1 ; 2010 No. 12 s 251 sch ; 2020 No. 27 s 13\n(sec.14-ssec.1) The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive; or See section 17 for other conditions of the collection authority. to refuse the application.\n(sec.14-ssec.2) The chief executive may grant the application only if the chief executive is satisfied of each of the following— the proposed taking and use of the native biological material— is for biodiscovery only; and conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ; other matters prescribed under a regulation for achieving the purposes of this Act .\n(sec.14-ssec.2A) Also, if the application relates to State land that is a State plantation forest under the Forestry Act 1959 , the chief executive must consult with any plantation licensee for a licence area in the State plantation forest when considering the application.\n(sec.14-ssec.3) Subsection (2) does not limit the matters to which the chief executive may have regard in deciding the application.\n(sec.14-ssec.4) The chief executive may refuse the application even if a benefit sharing agreement is in force concerning the material the subject of the application.\n(sec.14-ssec.5) In this section— licence area , in a State plantation forest, see the Forestry Act 1959 , schedule 3 . plantation licensee , for a licence area in a State plantation forest, see the Forestry Act 1959 , schedule 3 .\n- (a) to grant the application, with or without conditions decided by the chief executive; or Note— See section 17 for other conditions of the collection authority.\n- (b) to refuse the application.\n- (a) the proposed taking and use of the native biological material— (i) is for biodiscovery only; and (ii) conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ;\n- (i) is for biodiscovery only; and\n- (ii) conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ;\n- (b) other matters prescribed under a regulation for achieving the purposes of this Act .\n- (i) is for biodiscovery only; and\n- (ii) conforms with the compliance code and any applicable collection protocols, to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing under subsection (1) (a) ;","sortOrder":27},{"sectionNumber":"sec.15","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.15 Steps to be taken after application decided\n\nIf the chief executive decides to grant the application, the chief executive must, as soon as practicable after making the decision, issue a collection authority to the applicant.\nIf the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision—\ngive the applicant an information notice about the decision; and\nfor a refusal to grant the application—refund the registration fee paid by the applicant.\ns 15 amd 2020 No. 27 s 3 sch 1\n(sec.15-ssec.1) If the chief executive decides to grant the application, the chief executive must, as soon as practicable after making the decision, issue a collection authority to the applicant.\n(sec.15-ssec.2) If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision— give the applicant an information notice about the decision; and for a refusal to grant the application—refund the registration fee paid by the applicant.\n- (a) give the applicant an information notice about the decision; and\n- (b) for a refusal to grant the application—refund the registration fee paid by the applicant.","sortOrder":28},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of collection authority","content":"### sec.16 Term of collection authority\n\nA collection authority is given for the term stated in the authority.\nThe term must not be more than 3 years.\nThe authority expires at the end of the term.\nDespite subsections (1) and (3) , the authority lapses 1 year after it is issued if a benefit sharing agreement concerning the native biological material the subject of the authority is not entered into within the 1 year period.\n(sec.16-ssec.1) A collection authority is given for the term stated in the authority.\n(sec.16-ssec.2) The term must not be more than 3 years.\n(sec.16-ssec.3) The authority expires at the end of the term.\n(sec.16-ssec.4) Despite subsections (1) and (3) , the authority lapses 1 year after it is issued if a benefit sharing agreement concerning the native biological material the subject of the authority is not entered into within the 1 year period.","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conditions of collection authority","content":"### sec.17 Conditions of collection authority\n\nIt is a condition of a collection authority that the holder, or a person acting for the holder, must not take native biological material under the authority unless a benefit sharing agreement concerning the material is in force.\nTo the extent the provisions of the compliance code or a collection protocol are applicable to the activities carried out under a collection authority, the provisions are conditions of the authority.\nThe conditions imposed by the chief executive under section 14 (1) (a) (the section 14 conditions ) are conditions of the authority.\nIf there is an inconsistency between a condition mentioned in subsection (2) and a section 14 condition, the section 14 condition prevails to the extent of the inconsistency.\n(sec.17-ssec.1) It is a condition of a collection authority that the holder, or a person acting for the holder, must not take native biological material under the authority unless a benefit sharing agreement concerning the material is in force.\n(sec.17-ssec.2) To the extent the provisions of the compliance code or a collection protocol are applicable to the activities carried out under a collection authority, the provisions are conditions of the authority.\n(sec.17-ssec.3) The conditions imposed by the chief executive under section 14 (1) (a) (the section 14 conditions ) are conditions of the authority.\n(sec.17-ssec.4) If there is an inconsistency between a condition mentioned in subsection (2) and a section 14 condition, the section 14 condition prevails to the extent of the inconsistency.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Collection authority","content":"### sec.18 Collection authority\n\nA collection authority must be in the approved form and state each of the following—\nits number;\nits issue date;\nits expiry date;\nthe section 14 conditions for the authority;\nthe holder’s name and, if the holder is not an individual, the holder’s ACN or ABN;\nthe holder’s place of business;\nthe type of native biological material that may be taken;\nthe material’s scientific classification, to the extent known by the applicant;\nthe area from which the material may be taken.\n- (a) its number;\n- (b) its issue date;\n- (c) its expiry date;\n- (d) the section 14 conditions for the authority;\n- (e) the holder’s name and, if the holder is not an individual, the holder’s ACN or ABN;\n- (f) the holder’s place of business;\n- (g) the type of native biological material that may be taken;\n- (h) the material’s scientific classification, to the extent known by the applicant;\n- (i) the area from which the material may be taken.","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Failure to decide application","content":"### sec.19 Failure to decide application\n\nThe chief executive is taken to have decided to refuse an application if the chief executive—\nunder section 13 , required the applicant to give the chief executive further information or a document; and\nfails to decide the application within 40 business days after receiving the information or document.\nIf subsection (1) does not apply, the chief executive is taken to have decided to refuse an application if the chief executive fails to decide the application within 40 business days after receiving it.\nAs soon as practicable after the chief executive is taken to have made the decision, the chief executive must refund the registration fee paid by the applicant.\ns 19 amd 2020 No. 27 s 3 sch 1\n(sec.19-ssec.1) The chief executive is taken to have decided to refuse an application if the chief executive— under section 13 , required the applicant to give the chief executive further information or a document; and fails to decide the application within 40 business days after receiving the information or document.\n(sec.19-ssec.2) If subsection (1) does not apply, the chief executive is taken to have decided to refuse an application if the chief executive fails to decide the application within 40 business days after receiving it.\n(sec.19-ssec.3) As soon as practicable after the chief executive is taken to have made the decision, the chief executive must refund the registration fee paid by the applicant.\n- (a) under section 13 , required the applicant to give the chief executive further information or a document; and\n- (b) fails to decide the application within 40 business days after receiving the information or document.","sortOrder":32},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Amending, suspending, cancelling or surrendering collection authority","content":"## Amending, suspending, cancelling or surrendering collection authority","sortOrder":33},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amending, suspending or cancelling collection authority","content":"### sec.20 Amending, suspending or cancelling collection authority\n\nThe chief executive may amend, suspend or cancel a collection authority if—\nthe chief executive reasonably believes—\nthe authority was obtained because of incorrect or misleading information; or\nthe holder has contravened section 32 or a condition of the authority; or\nthe amendment, suspension or cancellation is necessary because of an emergency, including for example, a bushfire or other natural disaster; or\nthe holder is convicted of an offence against this Act.\nAlso, the chief executive may amend the authority—\nif section 24 or 25 applies to the authority; or\nat the holder’s request, if the chief executive is satisfied it is appropriate to make the amendment.\nDespite any other Act or law, no compensation is payable by the State to any person because of the operation of subsection (1) or (2) .\ns 20 amd 2020 No. 27 s 3 sch 1\n(sec.20-ssec.1) The chief executive may amend, suspend or cancel a collection authority if— the chief executive reasonably believes— the authority was obtained because of incorrect or misleading information; or the holder has contravened section 32 or a condition of the authority; or the amendment, suspension or cancellation is necessary because of an emergency, including for example, a bushfire or other natural disaster; or the holder is convicted of an offence against this Act.\n(sec.20-ssec.2) Also, the chief executive may amend the authority— if section 24 or 25 applies to the authority; or at the holder’s request, if the chief executive is satisfied it is appropriate to make the amendment.\n(sec.20-ssec.3) Despite any other Act or law, no compensation is payable by the State to any person because of the operation of subsection (1) or (2) .\n- (a) the chief executive reasonably believes— (i) the authority was obtained because of incorrect or misleading information; or (ii) the holder has contravened section 32 or a condition of the authority; or (iii) the amendment, suspension or cancellation is necessary because of an emergency, including for example, a bushfire or other natural disaster; or\n- (i) the authority was obtained because of incorrect or misleading information; or\n- (ii) the holder has contravened section 32 or a condition of the authority; or\n- (iii) the amendment, suspension or cancellation is necessary because of an emergency, including for example, a bushfire or other natural disaster; or\n- (b) the holder is convicted of an offence against this Act.\n- (i) the authority was obtained because of incorrect or misleading information; or\n- (ii) the holder has contravened section 32 or a condition of the authority; or\n- (iii) the amendment, suspension or cancellation is necessary because of an emergency, including for example, a bushfire or other natural disaster; or\n- (a) if section 24 or 25 applies to the authority; or\n- (b) at the holder’s request, if the chief executive is satisfied it is appropriate to make the amendment.","sortOrder":34},{"sectionNumber":"sec.21","sectionType":"section","heading":"Procedure for amendment, suspension or cancellation","content":"### sec.21 Procedure for amendment, suspension or cancellation\n\nThe chief executive may take action (the proposed action ) under section 20 (1) or (2) (a) , by giving the holder of the collection authority a written notice stating each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is amendment of the authority—the proposed amendment;\nif the proposed action is suspension of the authority—the proposed suspension period;\nan invitation to make written submissions, within a stated period of at least 20 business days, about why the proposed action should not be taken.\nIf, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to amend the authority—to amend it in the way stated in the notice; or\nif the proposed action was to suspend the authority for a stated period—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\nThe chief executive must inform the holder of the decision by written notice.\nIf the chief executive decides to amend, suspend or cancel the authority, the notice must be a QCAT information notice about the decision.\nA decision to amend, suspend or cancel the authority takes effect on the later of—\nthe day the QCAT information notice is given to the holder; or\nthe day of effect stated in the QCAT information notice.\nThe effect of an amendment does not depend on the amendment being noted on the authority.\ns 21 amd 2009 No. 24 s 351 ; 2020 No. 27 s 3 sch 1\n(sec.21-ssec.1) The chief executive may take action (the proposed action ) under section 20 (1) or (2) (a) , by giving the holder of the collection authority a written notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is amendment of the authority—the proposed amendment; if the proposed action is suspension of the authority—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days, about why the proposed action should not be taken.\n(sec.21-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to amend the authority—to amend it in the way stated in the notice; or if the proposed action was to suspend the authority for a stated period—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\n(sec.21-ssec.3) The chief executive must inform the holder of the decision by written notice.\n(sec.21-ssec.4) If the chief executive decides to amend, suspend or cancel the authority, the notice must be a QCAT information notice about the decision.\n(sec.21-ssec.5) A decision to amend, suspend or cancel the authority takes effect on the later of— the day the QCAT information notice is given to the holder; or the day of effect stated in the QCAT information notice.\n(sec.21-ssec.6) The effect of an amendment does not depend on the amendment being noted on the authority.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is amendment of the authority—the proposed amendment;\n- (e) if the proposed action is suspension of the authority—the proposed suspension period;\n- (f) an invitation to make written submissions, within a stated period of at least 20 business days, about why the proposed action should not be taken.\n- (a) if the proposed action was to amend the authority—to amend it in the way stated in the notice; or\n- (b) if the proposed action was to suspend the authority for a stated period—to suspend it for not longer than the proposed suspension period; or\n- (c) if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.\n- (a) the day the QCAT information notice is given to the holder; or\n- (b) the day of effect stated in the QCAT information notice.","sortOrder":35},{"sectionNumber":"sec.22","sectionType":"section","heading":"Returning collection authority on cancellation","content":"### sec.22 Returning collection authority on cancellation\n\nIf the chief executive cancels a collection authority, the holder must, within 10 business days after receiving a QCAT information notice about the cancellation, return the authority to the chief executive, unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 22 amd 2009 No. 24 s 352 ; 2020 No. 27 s 3 sch 1","sortOrder":36},{"sectionNumber":"sec.23","sectionType":"section","heading":"Surrendering collection authority","content":"### sec.23 Surrendering collection authority\n\nThe holder of a collection authority may surrender the authority by returning it and giving written notice of surrender to the chief executive.\ns 23 amd 2020 No. 27 s 3 sch 1","sortOrder":37},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Effect of particular statutory changes on collection authority","content":"## Effect of particular statutory changes on collection authority","sortOrder":38},{"sectionNumber":"sec.24","sectionType":"section","heading":"Collection authority concerning land in new national park, special wildlife reserve or marine park","content":"### sec.24 Collection authority concerning land in new national park, special wildlife reserve or marine park\n\nThis section applies if—\nland is dedicated as a national park or national park (scientific), or declared a special wildlife reserve, under the Nature Conservation Act 1992 ; and\nimmediately before the dedication or declaration, a person held a collection authority that is inconsistent with the management principles under the Nature Conservation Act 1992 for the park or reserve.\nThis section also applies if—\nland or water is declared under the Marine Parks Act 2004 as a marine park or the zoning of a marine park is changed; and\nimmediately before the declaration or zoning change, a person held a collection authority that is inconsistent with that Act.\nOn and from the dedication, declaration or zoning change, the collection authority continues, subject to this Act, for the period of its term that is unexpired.\ns 24 amd 2013 No. 55 s 175 sch 1 pt 2 ; 2016 No. 22 s 48 sch 1 ; 2019 No. 8 s 38\n(sec.24-ssec.1) This section applies if— land is dedicated as a national park or national park (scientific), or declared a special wildlife reserve, under the Nature Conservation Act 1992 ; and immediately before the dedication or declaration, a person held a collection authority that is inconsistent with the management principles under the Nature Conservation Act 1992 for the park or reserve.\n(sec.24-ssec.2) This section also applies if— land or water is declared under the Marine Parks Act 2004 as a marine park or the zoning of a marine park is changed; and immediately before the declaration or zoning change, a person held a collection authority that is inconsistent with that Act.\n(sec.24-ssec.3) On and from the dedication, declaration or zoning change, the collection authority continues, subject to this Act, for the period of its term that is unexpired.\n- (a) land is dedicated as a national park or national park (scientific), or declared a special wildlife reserve, under the Nature Conservation Act 1992 ; and\n- (b) immediately before the dedication or declaration, a person held a collection authority that is inconsistent with the management principles under the Nature Conservation Act 1992 for the park or reserve.\n- (a) land or water is declared under the Marine Parks Act 2004 as a marine park or the zoning of a marine park is changed; and\n- (b) immediately before the declaration or zoning change, a person held a collection authority that is inconsistent with that Act.","sortOrder":39},{"sectionNumber":"sec.25","sectionType":"section","heading":"Collection authority concerning wildlife","content":"### sec.25 Collection authority concerning wildlife\n\nThis section applies if—\nthe classification prescribed under the Nature Conservation Act 1992 for particular wildlife, within the meaning of that Act, is changed to a higher level; and\nimmediately before the change, a person held a collection authority authorising the taking of the wildlife.\nOn and from the change, the collection authority continues, subject to this Act, for the period of its term that is unexpired.\n(sec.25-ssec.1) This section applies if— the classification prescribed under the Nature Conservation Act 1992 for particular wildlife, within the meaning of that Act, is changed to a higher level; and immediately before the change, a person held a collection authority authorising the taking of the wildlife.\n(sec.25-ssec.2) On and from the change, the collection authority continues, subject to this Act, for the period of its term that is unexpired.\n- (a) the classification prescribed under the Nature Conservation Act 1992 for particular wildlife, within the meaning of that Act, is changed to a higher level; and\n- (b) immediately before the change, a person held a collection authority authorising the taking of the wildlife.","sortOrder":40},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":41},{"sectionNumber":"sec.26","sectionType":"section","heading":"Replacement collection authority","content":"### sec.26 Replacement collection authority\n\nThe holder of a collection authority may apply to the chief executive for a replacement authority.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation.\ns 26 amd 2020 No. 27 s 3 sch 1\n(sec.26-ssec.1) The holder of a collection authority may apply to the chief executive for a replacement authority.\n(sec.26-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Collection authority register","content":"### sec.27 Collection authority register\n\nThe chief executive must keep a register of collection authorities.\nThe register may be kept in the way the chief executive considers appropriate, including, for example, in an electronic form.\nThe publicly available part of the register must contain, for each authority, only the following particulars—\nthe person to whom the authority was issued;\nthe date the authority was issued;\nthe term of the authority.\nThe register, other than its publicly available part, must include, for each authority—\nan appropriate description of the land or waters the authority concerns; and\nthe real property description or geographic coordinates of the land or waters\nany section 14 conditions for the authority.\ns 27 amd 2020 No. 27 s 3 sch 1\n(sec.27-ssec.1) The chief executive must keep a register of collection authorities.\n(sec.27-ssec.2) The register may be kept in the way the chief executive considers appropriate, including, for example, in an electronic form.\n(sec.27-ssec.3) The publicly available part of the register must contain, for each authority, only the following particulars— the person to whom the authority was issued; the date the authority was issued; the term of the authority.\n(sec.27-ssec.4) The register, other than its publicly available part, must include, for each authority— an appropriate description of the land or waters the authority concerns; and the real property description or geographic coordinates of the land or waters any section 14 conditions for the authority.\n- (a) the person to whom the authority was issued;\n- (b) the date the authority was issued;\n- (c) the term of the authority.\n- (a) an appropriate description of the land or waters the authority concerns; and Example— the real property description or geographic coordinates of the land or waters\n- (b) any section 14 conditions for the authority.","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Public access to collection authority register","content":"### sec.28 Public access to collection authority register\n\nA person may—\nfree of charge, inspect the details contained in the publicly available part of the collection authority register at the department’s head office during normal business hours; and\non payment of any fee decided by the chief executive, obtain a copy of the details from the chief executive.\nThe fee decided by the chief executive must not be more than the reasonable cost of producing the copy.\nThe chief executive may publish details contained in the publicly available part of the register at the times and in the way decided by the chief executive.\ns 28 amd 2020 No. 27 s 14\n(sec.28-ssec.1) A person may— free of charge, inspect the details contained in the publicly available part of the collection authority register at the department’s head office during normal business hours; and on payment of any fee decided by the chief executive, obtain a copy of the details from the chief executive.\n(sec.28-ssec.2) The fee decided by the chief executive must not be more than the reasonable cost of producing the copy.\n(sec.28-ssec.3) The chief executive may publish details contained in the publicly available part of the register at the times and in the way decided by the chief executive.\n- (a) free of charge, inspect the details contained in the publicly available part of the collection authority register at the department’s head office during normal business hours; and\n- (b) on payment of any fee decided by the chief executive, obtain a copy of the details from the chief executive.","sortOrder":44},{"sectionNumber":"pt.4","sectionType":"part","heading":"Other matters about collection authorities","content":"# Other matters about collection authorities","sortOrder":45},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Identifying native biological material and giving samples of material to State","content":"## Identifying native biological material and giving samples of material to State","sortOrder":46},{"sectionNumber":"sec.29","sectionType":"section","heading":"Identifying native biological material","content":"### sec.29 Identifying native biological material\n\nThe holder of a collection authority must, as soon as practicable after taking native biological material for biodiscovery under the authority—\nlabel the material in an appropriate way, complying with subsection (2) ; and\nbar coding\nkeep the material labelled as required by subsection (2) while the material is held by or for the holder.\nMaximum penalty—50 penalty units.\nThis provision is an executive liability provision—see section 115 .\nThe label must provide the following information—\nthe number, or other identification, of the authority under which the material was taken;\nthe date on which it was taken;\nthe material’s scientific classification, to the extent known by the holder;\nthe geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\nThe holder of the authority must ensure any sample of, or substance sourced from, the material and held by or for the holder is sufficiently identified to enable its source to be tracked.\nMaximum penalty—50 penalty units.\nThis provision is an executive liability provision—see section 115 .\ns 29 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 27 s 15\n(sec.29-ssec.1) The holder of a collection authority must, as soon as practicable after taking native biological material for biodiscovery under the authority— label the material in an appropriate way, complying with subsection (2) ; and bar coding keep the material labelled as required by subsection (2) while the material is held by or for the holder. Maximum penalty—50 penalty units. This provision is an executive liability provision—see section 115 .\n(sec.29-ssec.2) The label must provide the following information— the number, or other identification, of the authority under which the material was taken; the date on which it was taken; the material’s scientific classification, to the extent known by the holder; the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\n(sec.29-ssec.3) The holder of the authority must ensure any sample of, or substance sourced from, the material and held by or for the holder is sufficiently identified to enable its source to be tracked. Maximum penalty—50 penalty units. This provision is an executive liability provision—see section 115 .\n- (a) label the material in an appropriate way, complying with subsection (2) ; and Example of appropriate way— bar coding\n- (b) keep the material labelled as required by subsection (2) while the material is held by or for the holder.\n- (a) the number, or other identification, of the authority under which the material was taken;\n- (b) the date on which it was taken;\n- (c) the material’s scientific classification, to the extent known by the holder;\n- (d) the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.","sortOrder":47},{"sectionNumber":"sec.30","sectionType":"section","heading":"Giving samples of material to State","content":"### sec.30 Giving samples of material to State\n\nThe holder of a collection authority must, as soon as practicable after taking native biological material for biodiscovery under the authority, give a sample of the material, complying with subsection (3) , to the following—\nfor animal material—the Queensland Museum (the receiving entity );\nfor plant material or fungi—the Queensland Herbarium (also the receiving entity );\nfor another organism—an entity (also the receiving entity ) stated in the benefit sharing agreement concerning the material.\nMaximum penalty—50 penalty units.\nHowever, subsection (1) does not apply if the sample is held by the holder for the State under an agreement between the holder and the State.\nThe sample must be—\nof a sufficient size and quality to enable scientific classification of the material; and\nfixed and preserved in a way approved by the receiving entity; and\nlabelled in an appropriate way, including, for example, by bar coding, stating—\nthe number, or other identification, of the authority under which the material was taken; and\nthe date on which it was taken; and\nif the holder is reasonably able to classify the material by using current scientific nomenclature—its classification to the lowest taxonomic level reasonably possible; and\nthe geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\nIf the sample is not labelled as required by subsection (3) (c) (iii) , the receiving entity may—\nclassify the material to the lowest possible taxonomic level; and\nrecover from the holder, as a debt, the costs reasonably incurred by the entity in carrying out the classification.\n(sec.30-ssec.1) The holder of a collection authority must, as soon as practicable after taking native biological material for biodiscovery under the authority, give a sample of the material, complying with subsection (3) , to the following— for animal material—the Queensland Museum (the receiving entity ); for plant material or fungi—the Queensland Herbarium (also the receiving entity ); for another organism—an entity (also the receiving entity ) stated in the benefit sharing agreement concerning the material. Maximum penalty—50 penalty units.\n(sec.30-ssec.2) However, subsection (1) does not apply if the sample is held by the holder for the State under an agreement between the holder and the State.\n(sec.30-ssec.3) The sample must be— of a sufficient size and quality to enable scientific classification of the material; and fixed and preserved in a way approved by the receiving entity; and labelled in an appropriate way, including, for example, by bar coding, stating— the number, or other identification, of the authority under which the material was taken; and the date on which it was taken; and if the holder is reasonably able to classify the material by using current scientific nomenclature—its classification to the lowest taxonomic level reasonably possible; and the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\n(sec.30-ssec.4) If the sample is not labelled as required by subsection (3) (c) (iii) , the receiving entity may— classify the material to the lowest possible taxonomic level; and recover from the holder, as a debt, the costs reasonably incurred by the entity in carrying out the classification.\n- (a) for animal material—the Queensland Museum (the receiving entity );\n- (b) for plant material or fungi—the Queensland Herbarium (also the receiving entity );\n- (c) for another organism—an entity (also the receiving entity ) stated in the benefit sharing agreement concerning the material.\n- (a) of a sufficient size and quality to enable scientific classification of the material; and\n- (b) fixed and preserved in a way approved by the receiving entity; and\n- (c) labelled in an appropriate way, including, for example, by bar coding, stating— (i) the number, or other identification, of the authority under which the material was taken; and (ii) the date on which it was taken; and (iii) if the holder is reasonably able to classify the material by using current scientific nomenclature—its classification to the lowest taxonomic level reasonably possible; and (iv) the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\n- (i) the number, or other identification, of the authority under which the material was taken; and\n- (ii) the date on which it was taken; and\n- (iii) if the holder is reasonably able to classify the material by using current scientific nomenclature—its classification to the lowest taxonomic level reasonably possible; and\n- (iv) the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\n- (i) the number, or other identification, of the authority under which the material was taken; and\n- (ii) the date on which it was taken; and\n- (iii) if the holder is reasonably able to classify the material by using current scientific nomenclature—its classification to the lowest taxonomic level reasonably possible; and\n- (iv) the geographic location from which the material was taken, including, for example, by reference to geographic coordinates.\n- (a) classify the material to the lowest possible taxonomic level; and\n- (b) recover from the holder, as a debt, the costs reasonably incurred by the entity in carrying out the classification.","sortOrder":48},{"sectionNumber":"sec.31","sectionType":"section","heading":"Restriction on receiving entity’s use of samples","content":"### sec.31 Restriction on receiving entity’s use of samples\n\nA receiving entity must not use, for biodiscovery, a sample of material given to it by the holder of a collection authority under section 30 .\nSubsection (1) does not apply to biodiscovery—\ninvolving only the classification of the material under section 30 (4) ; or\ncarried out with the holder’s consent.\n(sec.31-ssec.1) A receiving entity must not use, for biodiscovery, a sample of material given to it by the holder of a collection authority under section 30 .\n(sec.31-ssec.2) Subsection (1) does not apply to biodiscovery— involving only the classification of the material under section 30 (4) ; or carried out with the holder’s consent.\n- (a) involving only the classification of the material under section 30 (4) ; or\n- (b) carried out with the holder’s consent.","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Material disposal report","content":"## Material disposal report","sortOrder":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Giving material disposal report to chief executive","content":"### sec.32 Giving material disposal report to chief executive\n\nThe holder of a collection authority must give to the chief executive, within 15 business days after each 30 June and 31 December, a material disposal report about all native biological material—\ntaken under the authority; and\ngiven to someone else, whether or not for gain; and\nfor which the holder has not previously given a material disposal report to the chief executive.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 115 .\nSubsection (1) does not apply if the holder has a reasonable excuse for not giving the report as required under the subsection.\ns 32 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 27 s 3 sch 1\n(sec.32-ssec.1) The holder of a collection authority must give to the chief executive, within 15 business days after each 30 June and 31 December, a material disposal report about all native biological material— taken under the authority; and given to someone else, whether or not for gain; and for which the holder has not previously given a material disposal report to the chief executive. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 115 .\n(sec.32-ssec.2) Subsection (1) does not apply if the holder has a reasonable excuse for not giving the report as required under the subsection.\n- (a) taken under the authority; and\n- (b) given to someone else, whether or not for gain; and\n- (c) for which the holder has not previously given a material disposal report to the chief executive.","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Benefit sharing","content":"# Benefit sharing","sortOrder":52},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Agreements","content":"## Agreements","sortOrder":53},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power to enter into benefit sharing agreement","content":"### sec.33 Power to enter into benefit sharing agreement\n\nThe Minister may, for the State, enter into an agreement (a benefit sharing agreement ) with a biodiscovery entity under which—\nthe State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and\nthe entity agrees to provide benefits of biodiscovery to the State.\nThe Minister must not enter into a benefit sharing agreement with a biodiscovery entity unless the Minister is satisfied—\nthe entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or\nthe entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\nThe parties to a benefit sharing agreement may, at any time, amend the agreement.\nThe Minister may delegate the Minister’s powers under this section to the chief executive.\ns 33 amd 2017 No. 35 s 6 ; 2020 No. 27 s 16\n(sec.33-ssec.1) The Minister may, for the State, enter into an agreement (a benefit sharing agreement ) with a biodiscovery entity under which— the State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and the entity agrees to provide benefits of biodiscovery to the State.\n(sec.33-ssec.2) The Minister must not enter into a benefit sharing agreement with a biodiscovery entity unless the Minister is satisfied— the entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or the entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\n(sec.33-ssec.3) The parties to a benefit sharing agreement may, at any time, amend the agreement.\n(sec.33-ssec.4) The Minister may delegate the Minister’s powers under this section to the chief executive.\n- (a) the State gives the entity the right to use native biological material from State land or Queensland waters for biodiscovery; and\n- (b) the entity agrees to provide benefits of biodiscovery to the State.\n- (a) the entity has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or\n- (b) the entity has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.","sortOrder":54},{"sectionNumber":"sec.34","sectionType":"section","heading":"Content of benefit sharing agreement","content":"### sec.34 Content of benefit sharing agreement\n\nA benefit sharing agreement must be consistent with this Act.\nThe agreement must state each of the following—\nthe date the agreement is entered into;\nthe agreement’s term;\nthe benefits of biodiscovery to be provided by the biodiscovery entity to the State;\nwhen the benefits are to be provided;\nif the benefits include the payment of amounts of money to the State—the amounts, or a way of working out the amounts;\nif native biological material, the subject of the agreement, is to be taken under a collection authority—the number, or other identification, of each authority under which the material is to be taken;\nwhat matters are reportable matters for the agreement;\nthe biodiscovery entity’s place of business;\nthat the biodiscovery entity—\nhas not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or\nhas complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\nThe agreement must also include any conditions, other than the condition mentioned in section 35 (1) , of the agreement.\nThe agreement must also state the terms (the prescribed minimum terms ) that must be included in any subsequent use agreement entered into under the agreement.\nThe prescribed minimum terms must include a requirement for a subsequent user to provide benefits of biodiscovery, by way of the biodiscovery entity, to the State.\ns 34 amd 2017 No. 35 s 7 ; 2020 No. 27 s 17\n(sec.34-ssec.1) A benefit sharing agreement must be consistent with this Act.\n(sec.34-ssec.2) The agreement must state each of the following— the date the agreement is entered into; the agreement’s term; the benefits of biodiscovery to be provided by the biodiscovery entity to the State; when the benefits are to be provided; if the benefits include the payment of amounts of money to the State—the amounts, or a way of working out the amounts; if native biological material, the subject of the agreement, is to be taken under a collection authority—the number, or other identification, of each authority under which the material is to be taken; what matters are reportable matters for the agreement; the biodiscovery entity’s place of business; that the biodiscovery entity— has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\n(sec.34-ssec.3) The agreement must also include any conditions, other than the condition mentioned in section 35 (1) , of the agreement.\n(sec.34-ssec.4) The agreement must also state the terms (the prescribed minimum terms ) that must be included in any subsequent use agreement entered into under the agreement.\n(sec.34-ssec.5) The prescribed minimum terms must include a requirement for a subsequent user to provide benefits of biodiscovery, by way of the biodiscovery entity, to the State.\n- (a) the date the agreement is entered into;\n- (b) the agreement’s term;\n- (c) the benefits of biodiscovery to be provided by the biodiscovery entity to the State;\n- (d) when the benefits are to be provided;\n- (e) if the benefits include the payment of amounts of money to the State—the amounts, or a way of working out the amounts;\n- (f) if native biological material, the subject of the agreement, is to be taken under a collection authority—the number, or other identification, of each authority under which the material is to be taken;\n- (g) what matters are reportable matters for the agreement;\n- (h) the biodiscovery entity’s place of business;\n- (i) that the biodiscovery entity— (i) has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or (ii) has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\n- (i) has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or\n- (ii) has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.\n- (i) has not accessed, and will not access, traditional knowledge for the biodiscovery the subject of the agreement; or\n- (ii) has complied with, and will continue to comply with, the entity’s traditional knowledge obligation for the biodiscovery the subject of the agreement.","sortOrder":55},{"sectionNumber":"sec.35","sectionType":"section","heading":"Statutory condition of benefit sharing agreement","content":"### sec.35 Statutory condition of benefit sharing agreement\n\nIt is a condition of a benefit sharing agreement that a biodiscovery entity with whom the agreement is made must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is—\nan entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not—\nentitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and\nrequired to provide any benefits of biodiscovery to the State; or\na biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee\nan entity mentioned in section 54 (2) (a) or (b) or (3) ; or\na party to a benefit sharing agreement concerning the material; or\na party to a subsequent use agreement concerning the material.\nSubsection (1) does not limit any other conditions that may be included in the agreement under section 34 (3) .\ns 35 amd 2017 No. 35 s 8 ; 2020 No. 27 s 18\n(sec.35-ssec.1) It is a condition of a benefit sharing agreement that a biodiscovery entity with whom the agreement is made must not allow another entity to use any of the native biological material the subject of the agreement for biodiscovery, unless the other entity is— an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and required to provide any benefits of biodiscovery to the State; or a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee an entity mentioned in section 54 (2) (a) or (b) or (3) ; or a party to a benefit sharing agreement concerning the material; or a party to a subsequent use agreement concerning the material.\n(sec.35-ssec.2) Subsection (1) does not limit any other conditions that may be included in the agreement under section 34 (3) .\n- (a) an entity that is engaged by the biodiscovery entity to assist it with biodiscovery in relation to the material and that, under the engagement, is not— (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and (ii) required to provide any benefits of biodiscovery to the State; or Example— a biotechnology research entity that conducts a toxicology test on a product derived from native biological material for a fixed fee\n- (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and\n- (ii) required to provide any benefits of biodiscovery to the State; or\n- (b) an entity mentioned in section 54 (2) (a) or (b) or (3) ; or\n- (c) a party to a benefit sharing agreement concerning the material; or\n- (d) a party to a subsequent use agreement concerning the material.\n- (i) entitled to any gain from use of the material other than a fee for providing the assistance that is not calculated by reference to the results of commercialisation of the material; and\n- (ii) required to provide any benefits of biodiscovery to the State; or","sortOrder":56},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Subsequent use agreements","content":"### sec.35A Subsequent use agreements\n\nThis section applies if a benefit sharing agreement (the head agreement ) is in force between the State and a biodiscovery entity (the primary user ).\nThe primary user may enter into an agreement (a subsequent use agreement ) with another biodiscovery entity (a subsequent user ) allowing the subsequent user to use the native biological material the subject of the head agreement for biodiscovery if the subsequent use agreement includes the prescribed minimum terms required under the head agreement.\nA subsequent user may enter into an agreement (also a subsequent use agreement ) with another biodiscovery entity (also a subsequent user ) allowing the other subsequent user to use the native biological material the subject of the head agreement for biodiscovery if each subsequent use agreement includes the prescribed minimum terms required under the head agreement.\nA subsequent use agreement ceases to have effect if the head agreement or subsequent use agreement under which it was entered into ends.\ns 35A ins 2017 No. 35 s 9\n(sec.35A-ssec.1) This section applies if a benefit sharing agreement (the head agreement ) is in force between the State and a biodiscovery entity (the primary user ).\n(sec.35A-ssec.2) The primary user may enter into an agreement (a subsequent use agreement ) with another biodiscovery entity (a subsequent user ) allowing the subsequent user to use the native biological material the subject of the head agreement for biodiscovery if the subsequent use agreement includes the prescribed minimum terms required under the head agreement.\n(sec.35A-ssec.3) A subsequent user may enter into an agreement (also a subsequent use agreement ) with another biodiscovery entity (also a subsequent user ) allowing the other subsequent user to use the native biological material the subject of the head agreement for biodiscovery if each subsequent use agreement includes the prescribed minimum terms required under the head agreement.\n(sec.35A-ssec.4) A subsequent use agreement ceases to have effect if the head agreement or subsequent use agreement under which it was entered into ends.","sortOrder":57},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":58},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2020 No. 27 s 19","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 amd 2017 No. 35 s 10\nom 2020 No. 27 s 19","sortOrder":60},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2020 No. 27 s 19","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2020 No. 27 s 19","sortOrder":62},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2020 No. 27 s 19","sortOrder":63},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2020 No. 27 s 19","sortOrder":64},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Register and other records about benefit sharing agreements","content":"## Register and other records about benefit sharing agreements","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Benefit sharing agreement register","content":"### sec.42 Benefit sharing agreement register\n\nThe chief executive must keep a register of benefit sharing agreements.\nThe register may be kept in the way the chief executive considers appropriate, including, for example, in an electronic form.\nThe register must contain, for each agreement, only the following particulars about the agreement—\nthe name of the biodiscovery entity with whom it was entered into;\nthe date it was entered into;\nits term;\nother particulars both the Minister and the entity agree, in writing, may be disclosed to the public under subsection (4) .\nThe chief executive may publish details contained in the register at the times and in the way decided by the chief executive.\ns 42 amd 2020 No. 27 s 3 sch 1\n(sec.42-ssec.1) The chief executive must keep a register of benefit sharing agreements.\n(sec.42-ssec.2) The register may be kept in the way the chief executive considers appropriate, including, for example, in an electronic form.\n(sec.42-ssec.3) The register must contain, for each agreement, only the following particulars about the agreement— the name of the biodiscovery entity with whom it was entered into; the date it was entered into; its term; other particulars both the Minister and the entity agree, in writing, may be disclosed to the public under subsection (4) .\n(sec.42-ssec.4) The chief executive may publish details contained in the register at the times and in the way decided by the chief executive.\n- (a) the name of the biodiscovery entity with whom it was entered into;\n- (b) the date it was entered into;\n- (c) its term;\n- (d) other particulars both the Minister and the entity agree, in writing, may be disclosed to the public under subsection (4) .","sortOrder":66},{"sectionNumber":"sec.43","sectionType":"section","heading":"Records to be kept by biodiscovery entity","content":"### sec.43 Records to be kept by biodiscovery entity\n\nA biodiscovery entity that has entered into a benefit sharing agreement must keep each record or document evidencing the results of biodiscovery research carried out under the agreement for 30 years after the record or document is created.\nMaximum penalty—50 penalty units.\nThe entity must also keep each record or account necessary for working out amounts of money payable by the entity to the State under the agreement for 30 years after the record or account is created.\nMaximum penalty—50 penalty units.\nIn this section—\nbiodiscovery entity , that has entered into a benefit sharing agreement, includes the entity’s successors and assigns.\n(sec.43-ssec.1) A biodiscovery entity that has entered into a benefit sharing agreement must keep each record or document evidencing the results of biodiscovery research carried out under the agreement for 30 years after the record or document is created. Maximum penalty—50 penalty units.\n(sec.43-ssec.2) The entity must also keep each record or account necessary for working out amounts of money payable by the entity to the State under the agreement for 30 years after the record or account is created. Maximum penalty—50 penalty units.\n(sec.43-ssec.3) In this section— biodiscovery entity , that has entered into a benefit sharing agreement, includes the entity’s successors and assigns.","sortOrder":67},{"sectionNumber":"pt.6","sectionType":"part","heading":"Compliance code and collection protocols","content":"# Compliance code and collection protocols","sortOrder":68},{"sectionNumber":"sec.44","sectionType":"section","heading":"Establishing compliance code","content":"### sec.44 Establishing compliance code\n\nThe chief executive may establish a written code (the compliance code ) for taking native biological material under a collection authority.\nWithout limiting subsection (1) , the code may provide for all or any of the following—\nminimum standards for taking the material to ensure the sustainability of native biological resources on or in State land or Queensland waters;\nappropriate measures for minimising the impact of taking the material;\nregulating activities engaged in for taking the material.\nthe use of motor vehicles, boats or hovercraft, on or in State land or Queensland waters from which the material is taken\nThe code is a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but is not subordinate legislation.\nHowever, the Statutory Instruments Act 1992 , sections 49 to 51 apply to the code as if it were subordinate legislation.\nThese provisions deal with the tabling in, and disallowance by, the Legislative Assembly of subordinate legislation.\ns 44 amd 2020 No. 27 ss 20 , 3 sch 1\n(sec.44-ssec.1) The chief executive may establish a written code (the compliance code ) for taking native biological material under a collection authority.\n(sec.44-ssec.2) Without limiting subsection (1) , the code may provide for all or any of the following— minimum standards for taking the material to ensure the sustainability of native biological resources on or in State land or Queensland waters; appropriate measures for minimising the impact of taking the material; regulating activities engaged in for taking the material. the use of motor vehicles, boats or hovercraft, on or in State land or Queensland waters from which the material is taken\n(sec.44-ssec.3) The code is a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but is not subordinate legislation.\n(sec.44-ssec.4) However, the Statutory Instruments Act 1992 , sections 49 to 51 apply to the code as if it were subordinate legislation. These provisions deal with the tabling in, and disallowance by, the Legislative Assembly of subordinate legislation.\n- (a) minimum standards for taking the material to ensure the sustainability of native biological resources on or in State land or Queensland waters;\n- (b) appropriate measures for minimising the impact of taking the material;\n- (c) regulating activities engaged in for taking the material. Example for paragraph (c) — the use of motor vehicles, boats or hovercraft, on or in State land or Queensland waters from which the material is taken","sortOrder":69},{"sectionNumber":"sec.45","sectionType":"section","heading":"Establishing collection protocols","content":"### sec.45 Establishing collection protocols\n\nThe chief executive may establish written protocols ( collection protocols ) for all or any of the following concerning the taking of native biological material under a collection authority—\ntaking particular native biological material;\ntaking native biological material from a particular area;\nusing a particular collection technique.\nWithout limiting subsection (1) (b) , a collection protocol may provide for appropriate ways of taking the material to ensure the sustainability of native biological material in the area.\nA collection protocol is a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but is not subordinate legislation.\nHowever, the Statutory Instruments Act 1992 , sections 49 to 51 apply to the protocol as if it were subordinate legislation.\ns 45 amd 2020 No. 27 s 3 sch 1\n(sec.45-ssec.1) The chief executive may establish written protocols ( collection protocols ) for all or any of the following concerning the taking of native biological material under a collection authority— taking particular native biological material; taking native biological material from a particular area; using a particular collection technique.\n(sec.45-ssec.2) Without limiting subsection (1) (b) , a collection protocol may provide for appropriate ways of taking the material to ensure the sustainability of native biological material in the area.\n(sec.45-ssec.3) A collection protocol is a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but is not subordinate legislation.\n(sec.45-ssec.4) However, the Statutory Instruments Act 1992 , sections 49 to 51 apply to the protocol as if it were subordinate legislation.\n- (a) taking particular native biological material;\n- (b) taking native biological material from a particular area;\n- (c) using a particular collection technique.","sortOrder":70},{"sectionNumber":"sec.46","sectionType":"section","heading":"Consultation for compliance code and collection protocols","content":"### sec.46 Consultation for compliance code and collection protocols\n\nBefore establishing or amending the compliance code or a collection protocol, the chief executive must consult with, and have regard to the views of—\nif the code or protocol concerns the wet tropics area—the Wet Tropics Management Authority; or\nif the code or protocol concerns land or waters contiguous with the Great Barrier Reef Region—the Great Barrier Reef Marine Park Authority.\nThis section does not limit the entities the chief executive may consult with or obtain advice from in establishing or amending the code or protocol.\ns 46 amd 2020 No. 27 s 3 sch 1\n(sec.46-ssec.1) Before establishing or amending the compliance code or a collection protocol, the chief executive must consult with, and have regard to the views of— if the code or protocol concerns the wet tropics area—the Wet Tropics Management Authority; or if the code or protocol concerns land or waters contiguous with the Great Barrier Reef Region—the Great Barrier Reef Marine Park Authority.\n(sec.46-ssec.2) This section does not limit the entities the chief executive may consult with or obtain advice from in establishing or amending the code or protocol.\n- (a) if the code or protocol concerns the wet tropics area—the Wet Tropics Management Authority; or\n- (b) if the code or protocol concerns land or waters contiguous with the Great Barrier Reef Region—the Great Barrier Reef Marine Park Authority.","sortOrder":71},{"sectionNumber":"sec.47","sectionType":"section","heading":"Public notice of establishment of compliance code and collection protocols","content":"### sec.47 Public notice of establishment of compliance code and collection protocols\n\nAs soon as possible after establishing or amending the compliance code or a collection protocol, the chief executive must publish a notice in the gazette stating that—\nthe code or protocol has been established or amended, as the case may be; and\ncopies of the code or protocol, or amendment, are available—\nduring normal business hours at the department’s head office and each regional office of the department; and\non the department’s stated website on the internet.\ns 47 amd 2020 No. 27 s 3 sch 1\n- (a) the code or protocol has been established or amended, as the case may be; and\n- (b) copies of the code or protocol, or amendment, are available— (i) during normal business hours at the department’s head office and each regional office of the department; and (ii) on the department’s stated website on the internet.\n- (i) during normal business hours at the department’s head office and each regional office of the department; and\n- (ii) on the department’s stated website on the internet.\n- (i) during normal business hours at the department’s head office and each regional office of the department; and\n- (ii) on the department’s stated website on the internet.","sortOrder":72},{"sectionNumber":"sec.48","sectionType":"section","heading":"When compliance code and collection protocols have effect","content":"### sec.48 When compliance code and collection protocols have effect\n\nThe compliance code, or an amendment of it, has effect on and from—\nthe day the notice about the code or amendment is published under section 47 ; or\na later day stated in the notice.\nA collection protocol, or an amendment of it, has effect on and from—\nthe day the notice about the protocol or amendment is published under section 47 ; or\na later day stated in the notice.\n(sec.48-ssec.1) The compliance code, or an amendment of it, has effect on and from— the day the notice about the code or amendment is published under section 47 ; or a later day stated in the notice.\n(sec.48-ssec.2) A collection protocol, or an amendment of it, has effect on and from— the day the notice about the protocol or amendment is published under section 47 ; or a later day stated in the notice.\n- (a) the day the notice about the code or amendment is published under section 47 ; or\n- (b) a later day stated in the notice.\n- (a) the day the notice about the protocol or amendment is published under section 47 ; or\n- (b) a later day stated in the notice.","sortOrder":73},{"sectionNumber":"sec.49","sectionType":"section","heading":"Access to compliance code and collection protocols","content":"### sec.49 Access to compliance code and collection protocols\n\nThe chief executive must keep a copy of the compliance code and each collection protocol, and each document applied, adopted or incorporated by the code or protocol, available for inspection, without charge—\nduring normal business hours at the department’s head office and each regional office of the department; and\non the department’s website on the internet.\nOn payment of the fee decided by the chief executive, a person may obtain a copy of the code or a protocol from the chief executive.\nThe fee decided by the chief executive must not be more than the reasonable cost of producing the copy.\ns 49 amd 2020 No. 27 s 3 sch 1\n(sec.49-ssec.1) The chief executive must keep a copy of the compliance code and each collection protocol, and each document applied, adopted or incorporated by the code or protocol, available for inspection, without charge— during normal business hours at the department’s head office and each regional office of the department; and on the department’s website on the internet.\n(sec.49-ssec.2) On payment of the fee decided by the chief executive, a person may obtain a copy of the code or a protocol from the chief executive.\n(sec.49-ssec.3) The fee decided by the chief executive must not be more than the reasonable cost of producing the copy.\n- (a) during normal business hours at the department’s head office and each regional office of the department; and\n- (b) on the department’s website on the internet.","sortOrder":74},{"sectionNumber":"pt.7","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":75},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Offences about collection authorities","content":"## Offences about collection authorities","sortOrder":76},{"sectionNumber":"sec.50","sectionType":"section","heading":"Offence to take without a collection authority","content":"### sec.50 Offence to take without a collection authority\n\nA person must not, unless authorised by a collection authority, take native biological material for biodiscovery from State land or Queensland waters.\nMaximum penalty—\nfor NCA material—3,000 penalty units or 2 years imprisonment; or\notherwise—2,000 penalty units.\nThis provision is an executive liability provision—see section 115 .\nIn this section—\nNCA material means—\nnative biological material that is, or is sourced from, protected wildlife within the meaning of the Nature Conservation Act 1992 ; or\nnative wildlife mentioned in section 97 of that Act .\ns 50 amd 2013 No. 51 s 229 sch 1 ; 2019 No. 28 s 4\n(sec.50-ssec.1) A person must not, unless authorised by a collection authority, take native biological material for biodiscovery from State land or Queensland waters. Maximum penalty— for NCA material—3,000 penalty units or 2 years imprisonment; or otherwise—2,000 penalty units. This provision is an executive liability provision—see section 115 .\n(sec.50-ssec.2) In this section— NCA material means— native biological material that is, or is sourced from, protected wildlife within the meaning of the Nature Conservation Act 1992 ; or native wildlife mentioned in section 97 of that Act .\n- (a) for NCA material—3,000 penalty units or 2 years imprisonment; or\n- (b) otherwise—2,000 penalty units.\n- (a) native biological material that is, or is sourced from, protected wildlife within the meaning of the Nature Conservation Act 1992 ; or\n- (b) native wildlife mentioned in section 97 of that Act .","sortOrder":77},{"sectionNumber":"sec.51","sectionType":"section","heading":"Contravening a condition of a collection authority","content":"### sec.51 Contravening a condition of a collection authority\n\nA person must not contravene a condition of a collection authority, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 115 .\ns 51 amd 2013 No. 51 s 229 sch 1","sortOrder":78},{"sectionNumber":"sec.52","sectionType":"section","heading":"False or misleading information given by applicant","content":"### sec.52 False or misleading information given by applicant\n\nA person, in making an application for a collection authority, must not state anything to the chief executive that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 115 .\ns 52 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 27 s 21","sortOrder":79},{"sectionNumber":"sec.53","sectionType":"section","heading":"False or misleading documents given by applicant","content":"### sec.53 False or misleading documents given by applicant\n\nA person, in making an application for a collection authority, must not give the chief executive a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 115 .\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the chief executive, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\ns 53 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 27 s 22\n(sec.53-ssec.1) A person, in making an application for a collection authority, must not give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 115 .\n(sec.53-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the chief executive, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\n- (a) informs the chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.","sortOrder":80},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Offences about agreements","content":"## Offences about agreements","sortOrder":81},{"sectionNumber":"sec.54","sectionType":"section","heading":"Using native biological material for biodiscovery without particular agreements","content":"### sec.54 Using native biological material for biodiscovery without particular agreements\n\nA person must not, unless the person is a party to a benefit sharing agreement or subsequent use agreement, use native biological material for biodiscovery, if the material was taken from—\nState land or Queensland waters; or\na State collection, if the material was taken or sourced from State land or Queensland waters.\nMaximum penalty—the amount equal to the greater of the following—\n5,000 penalty units;\nthe full commercial value of any commercialisation of the material.\nHowever, subsection (1) does not apply to a person who uses the material for carrying out only 1 or more of the following activities—\nclassifying the material scientifically;\nverifying research results concerning the material;\nbiodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a biodiscovery entity by another entity under an engagement mentioned in section 35 (1) (a) .\nAlso, subsection (1) does not apply to the use by an educational institution, or a person at the institution, for educational or training activities not involving commercialisation of the material.\nIn this section—\neducational institution means—\na school; or\na registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or\na registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .\ns 54 amd 2007 No. 53 s 30 sch ; 2013 No. 27 s 70 sch 1 pt 2 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2017 No. 35 s 12 ; 2020 No. 27 s 3 sch 1\n(sec.54-ssec.1) A person must not, unless the person is a party to a benefit sharing agreement or subsequent use agreement, use native biological material for biodiscovery, if the material was taken from— State land or Queensland waters; or a State collection, if the material was taken or sourced from State land or Queensland waters. Maximum penalty—the amount equal to the greater of the following— 5,000 penalty units; the full commercial value of any commercialisation of the material.\n(sec.54-ssec.2) However, subsection (1) does not apply to a person who uses the material for carrying out only 1 or more of the following activities— classifying the material scientifically; verifying research results concerning the material; biodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a biodiscovery entity by another entity under an engagement mentioned in section 35 (1) (a) .\n(sec.54-ssec.3) Also, subsection (1) does not apply to the use by an educational institution, or a person at the institution, for educational or training activities not involving commercialisation of the material.\n(sec.54-ssec.4) In this section— educational institution means— a school; or a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .\n- (a) State land or Queensland waters; or\n- (b) a State collection, if the material was taken or sourced from State land or Queensland waters.\n- (a) 5,000 penalty units;\n- (b) the full commercial value of any commercialisation of the material.\n- (a) classifying the material scientifically;\n- (b) verifying research results concerning the material;\n- (c) biodiscovery to which a benefit sharing agreement concerning the material applies, carried out for a biodiscovery entity by another entity under an engagement mentioned in section 35 (1) (a) .\n- (a) a school; or\n- (b) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) ; or\n- (c) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth) .","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Contravening a condition of a benefit sharing agreement","content":"### sec.55 Contravening a condition of a benefit sharing agreement\n\nA biodiscovery entity must not contravene a condition of a benefit sharing agreement imposed under section 35 (1) .\nMaximum penalty—100 penalty units.\ns 55 amd 2020 No. 27 s 3 sch 1","sortOrder":83},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Contravening prescribed minimum terms of a subsequent use agreement","content":"### sec.55A Contravening prescribed minimum terms of a subsequent use agreement\n\nA subsequent user who is a party to a subsequent use agreement must not contravene a prescribed minimum term of the agreement.\nMaximum penalty—100 penalty units.\ns 55A ins 2017 No. 35 s 13","sortOrder":84},{"sectionNumber":"sec.56","sectionType":"section","heading":"False or misleading information given by person seeking benefit sharing agreement","content":"### sec.56 False or misleading information given by person seeking benefit sharing agreement\n\nA person, in seeking a benefit sharing agreement, must not state anything to the Minister that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 56 amd 2020 No. 27 s 3 sch 1","sortOrder":85},{"sectionNumber":"sec.57","sectionType":"section","heading":"False or misleading documents given by person seeking benefit sharing agreement","content":"### sec.57 False or misleading documents given by person seeking benefit sharing agreement\n\nA person, in seeking a benefit sharing agreement, must not give the Minister a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the Minister, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the Minister if the person has, or can reasonably obtain, the correct information.\ns 57 amd 2020 No. 27 s 3 sch 1\n(sec.57-ssec.1) A person, in seeking a benefit sharing agreement, must not give the Minister a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.57-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the Minister, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the Minister if the person has, or can reasonably obtain, the correct information.\n- (a) informs the Minister, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the Minister if the person has, or can reasonably obtain, the correct information.","sortOrder":86},{"sectionNumber":"sec.58","sectionType":"section","heading":"False or misleading information about reportable matters","content":"### sec.58 False or misleading information about reportable matters\n\nA person must not state anything about a reportable matter to the Minister that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 58 amd 2020 No. 27 s 3 sch 1","sortOrder":87},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Other offence provisions","content":"## Other offence provisions","sortOrder":88},{"sectionNumber":"sec.59","sectionType":"section","heading":"Claims by persons about holding a collection authority","content":"### sec.59 Claims by persons about holding a collection authority\n\nA person who is not the holder of a collection authority must not claim to hold, or hold himself or herself out as holding, the authority.\nMaximum penalty—100 penalty units.","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"Collection authority to be available for immediate inspection","content":"### sec.60 Collection authority to be available for immediate inspection\n\nThe holder, or a person acting for the holder, of a collection authority must have a copy of the authority available for immediate inspection under part 8 while the holder or other person is taking native biological material under it.\nMaximum penalty—20 penalty units.","sortOrder":90},{"sectionNumber":"pt.8","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":91},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.61 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as an inspector—\na public service employee;\na local government employee;\na person holding an appropriate accreditation by the National Association of Testing Authorities, Australia ABN 59 004 379 748;\nanother person prescribed under a regulation.\nHowever, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 61 amd 2020 No. 27 s 23\n(sec.61-ssec.1) The chief executive may appoint any of the following persons as an inspector— a public service employee; a local government employee; a person holding an appropriate accreditation by the National Association of Testing Authorities, Australia ABN 59 004 379 748; another person prescribed under a regulation.\n(sec.61-ssec.2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service employee;\n- (b) a local government employee;\n- (c) a person holding an appropriate accreditation by the National Association of Testing Authorities, Australia ABN 59 004 379 748;\n- (d) another person prescribed under a regulation.","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.62 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 62 amd 2020 No. 27 s 3 sch 1\n(sec.62-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.62-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.62-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":94},{"sectionNumber":"sec.63","sectionType":"section","heading":"Issue of identity card","content":"### sec.63 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector the chief executive appoints.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 63 amd 2020 No. 27 s 3 sch 1\n(sec.63-ssec.1) The chief executive must issue an identity card to each inspector the chief executive appoints.\n(sec.63-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.63-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":95},{"sectionNumber":"sec.64","sectionType":"section","heading":"Production or display of identity card","content":"### sec.64 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 68 (1) (b) or (2) .\n(sec.64-ssec.1) In exercising a power under this Act in relation to a person, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.64-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.64-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 68 (1) (b) or (2) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":96},{"sectionNumber":"sec.65","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.65 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 66 takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\n(sec.65-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 66 takes effect.\n(sec.65-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.65-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 66 takes effect.","sortOrder":97},{"sectionNumber":"sec.66","sectionType":"section","heading":"Resignation","content":"### sec.66 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\ns 66 amd 2020 No. 27 s 3 sch 1","sortOrder":98},{"sectionNumber":"sec.67","sectionType":"section","heading":"Return of identity card","content":"### sec.67 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 67 amd 2020 No. 27 s 3 sch 1","sortOrder":99},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of inspectors","content":"## Powers of inspectors","sortOrder":100},{"sectionNumber":"sec.68","sectionType":"section","heading":"Power to enter places","content":"### sec.68 Power to enter places\n\nSubject to section 74 (2) , an inspector may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a person’s place of business stated in the person’s collection authority and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the authority; or\nit is a biodiscovery entity’s place of business stated in a benefit sharing agreement to which the entity is a party and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the agreement.\nFor the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.68-ssec.1) Subject to section 74 (2) , an inspector may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a person’s place of business stated in the person’s collection authority and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the authority; or it is a biodiscovery entity’s place of business stated in a benefit sharing agreement to which the entity is a party and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the agreement.\n(sec.68-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.68-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a person’s place of business stated in the person’s collection authority and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the authority; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the authority; or\n- (e) it is a biodiscovery entity’s place of business stated in a benefit sharing agreement to which the entity is a party and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the agreement.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the agreement.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the authority; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the agreement.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":101},{"sectionNumber":"sec.69","sectionType":"section","heading":"Entry with consent","content":"### sec.69 Entry with consent\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 68 (1) (a) .\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.69-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 68 (1) (a) .\n(sec.69-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.69-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.69-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.69-ssec.5) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.69-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":102},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application for warrant","content":"### sec.70 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nthe magistrate may require additional information supporting the application to be given by statutory declaration\n(sec.70-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.70-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.70-ssec.3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. the magistrate may require additional information supporting the application to be given by statutory declaration","sortOrder":103},{"sectionNumber":"sec.71","sectionType":"section","heading":"Issue of warrant","content":"### sec.71 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this division; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.71-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.71-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this division; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this division; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this division; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this division; and","sortOrder":104},{"sectionNumber":"sec.72","sectionType":"section","heading":"Special warrants","content":"### sec.72 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspector—\nthe magistrate must tell the inspector—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n(sec.72-ssec.1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.72-ssec.2) Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.72-ssec.3) The inspector may apply for the special warrant before the application is sworn.\n(sec.72-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy (a facsimile warrant ) to the inspector if it is reasonably practicable to fax the copy.\n(sec.72-ssec.5) If it is not reasonably practicable to fax a copy to the inspector— the magistrate must tell the inspector— what the terms of the special warrant are; and the date and time the special warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.72-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.72-ssec.7) The inspector must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.72-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.72-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate must tell the inspector— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":105},{"sectionNumber":"sec.73","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.73 Warrants—procedure before entry\n\nThis section applies if an inspector named in a warrant issued under this division for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card or other document evidencing the inspector’s appointment;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 72 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.73-ssec.1) This section applies if an inspector named in a warrant issued under this division for a place is intending to enter the place under the warrant.\n(sec.73-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card or other document evidencing the inspector’s appointment; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 72 (6) , a copy of the facsimile warrant or warrant form; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.73-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s identity card or other document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 72 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":106},{"sectionNumber":"sec.74","sectionType":"section","heading":"Power to stop and search vehicles etc.","content":"### sec.74 Power to stop and search vehicles etc.\n\nThis section applies if an inspector suspects on reasonable grounds that—\na vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or\na vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\nThe inspector may, with necessary and reasonable help and force, and without consent or a warrant—\nenter or board the vehicle, boat or aircraft; and\nexercise the powers set out in section 75 (3) .\nIf—\nthe vehicle or boat is moving or about to move; or\nthe aircraft is moving, or about to move, on the ground;\nthe inspector may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft.\nA person must not, without reasonable excuse, disobey a signal under subsection (3) .\nMaximum penalty—165 penalty units.\nIt is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if—\nto immediately obey the signal would have endangered, or damaged the property of, the person or another person; and\nthe person obeys the signal as soon as it is practicable to obey the signal.\nThe inspector may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft—\nto give the inspector reasonable help to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or\nto bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the inspector to exercise the inspector’s powers in relation to the vehicle, boat or aircraft.\nA person must not, without reasonable excuse, contravene a requirement under subsection (6) .\nMaximum penalty—165 penalty units.\nIf, while searching the vehicle, boat or aircraft, the inspector finds a thing the inspector believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, sections 79 to 87 apply to the thing.\n(sec.74-ssec.1) This section applies if an inspector suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\n(sec.74-ssec.2) The inspector may, with necessary and reasonable help and force, and without consent or a warrant— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 75 (3) .\n(sec.74-ssec.3) If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the inspector may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft.\n(sec.74-ssec.4) A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units.\n(sec.74-ssec.5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered, or damaged the property of, the person or another person; and the person obeys the signal as soon as it is practicable to obey the signal.\n(sec.74-ssec.6) The inspector may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to give the inspector reasonable help to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the inspector to exercise the inspector’s powers in relation to the vehicle, boat or aircraft.\n(sec.74-ssec.7) A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units.\n(sec.74-ssec.8) If, while searching the vehicle, boat or aircraft, the inspector finds a thing the inspector believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, sections 79 to 87 apply to the thing.\n- (a) a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or\n- (b) a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\n- (a) enter or board the vehicle, boat or aircraft; and\n- (b) exercise the powers set out in section 75 (3) .\n- (a) the vehicle or boat is moving or about to move; or\n- (b) the aircraft is moving, or about to move, on the ground;\n- (a) to immediately obey the signal would have endangered, or damaged the property of, the person or another person; and\n- (b) the person obeys the signal as soon as it is practicable to obey the signal.\n- (a) to give the inspector reasonable help to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or\n- (b) to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the inspector to exercise the inspector’s powers in relation to the vehicle, boat or aircraft.","sortOrder":107},{"sectionNumber":"sec.75","sectionType":"section","heading":"General powers after entering places","content":"### sec.75 General powers after entering places\n\nThis section applies to an inspector who enters a place under section 68 .\nHowever, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, the inspector may do all or any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake an extract from, or copy, a document at the place;\ntake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division;\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (d) ;\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (e) or (f) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.75-ssec.1) This section applies to an inspector who enters a place under section 68 .\n(sec.75-ssec.2) However, if an inspector enters a place to get the occupier’s consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised.\n(sec.75-ssec.3) For monitoring and enforcing compliance with this Act, the inspector may do all or any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take an extract from, or copy, a document at the place; take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division; require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (d) ; require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.\n(sec.75-ssec.4) When making a requirement mentioned in subsection (3) (e) or (f) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take an extract from, or copy, a document at the place;\n- (d) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division;\n- (e) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (d) ;\n- (f) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Act is being complied with.","sortOrder":108},{"sectionNumber":"sec.76","sectionType":"section","heading":"Failure to help inspector","content":"### sec.76 Failure to help inspector\n\nA person required to give reasonable help under section 75 (3) (e) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.76-ssec.1) A person required to give reasonable help under section 75 (3) (e) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.76-ssec.2) It is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":109},{"sectionNumber":"sec.77","sectionType":"section","heading":"Failure to give information","content":"### sec.77 Failure to give information\n\nA person of whom a requirement is made under section 75 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.77-ssec.1) A person of whom a requirement is made under section 75 (3) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.77-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":110},{"sectionNumber":"sec.78","sectionType":"section","heading":"Seizing evidence at place that may only be entered with consent or warrant","content":"### sec.78 Seizing evidence at place that may only be entered with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and\nthe inspector enters the place after obtaining the necessary consent or warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector also may seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.78-ssec.1) This section applies if— an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and the inspector enters the place after obtaining the necessary consent or warrant.\n(sec.78-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.78-ssec.3) If the inspector enters the place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.78-ssec.4) The inspector also may seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) an inspector is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and\n- (b) the inspector enters the place after obtaining the necessary consent or warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":111},{"sectionNumber":"sec.79","sectionType":"section","heading":"Seizing evidence at other places","content":"### sec.79 Seizing evidence at other places\n\nThis section applies if an inspector enters a public place when the place is open to the public, or enters or boards a vehicle, boat or aircraft, without consent or a warrant, as authorised under section 68 or 74 .\nThe inspector may seize a thing at the place, or on or in the vehicle, boat or aircraft, if the inspector reasonably believes the thing is evidence of an offence against this Act.\n(sec.79-ssec.1) This section applies if an inspector enters a public place when the place is open to the public, or enters or boards a vehicle, boat or aircraft, without consent or a warrant, as authorised under section 68 or 74 .\n(sec.79-ssec.2) The inspector may seize a thing at the place, or on or in the vehicle, boat or aircraft, if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":112},{"sectionNumber":"sec.80","sectionType":"section","heading":"Securing seized things","content":"### sec.80 Securing seized things\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing the thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing the thing and marking it to show access to it is restricted • sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- • sealing the thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- • sealing the thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted","sortOrder":113},{"sectionNumber":"sec.81","sectionType":"section","heading":"Tampering with seized things","content":"### sec.81 Tampering with seized things\n\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an inspector’s approval.\nMaximum penalty—50 penalty units.","sortOrder":114},{"sectionNumber":"sec.82","sectionType":"section","heading":"Receipt for seized things","content":"### sec.82 Receipt for seized things\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.82-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.82-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.82-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.82-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":115},{"sectionNumber":"sec.83","sectionType":"section","heading":"Disposal of native biological material","content":"### sec.83 Disposal of native biological material\n\nThis section applies to native biological material that has been seized under this subdivision as evidence of an offence against this Act.\nDespite any other provision of this Act, if the chief executive is satisfied that it is necessary to do so—\nin the interests of the welfare of the material; or\nfor the protection of the material;\nthe chief executive may direct that the material be disposed of in a way the chief executive considers appropriate.\nSubsection (2) applies even though a proceeding has not been taken for, or a person convicted of, the offence.\ns 83 amd 2020 No. 27 s 3 sch 1\n(sec.83-ssec.1) This section applies to native biological material that has been seized under this subdivision as evidence of an offence against this Act.\n(sec.83-ssec.2) Despite any other provision of this Act, if the chief executive is satisfied that it is necessary to do so— in the interests of the welfare of the material; or for the protection of the material; the chief executive may direct that the material be disposed of in a way the chief executive considers appropriate.\n(sec.83-ssec.3) Subsection (2) applies even though a proceeding has not been taken for, or a person convicted of, the offence.\n- (a) in the interests of the welfare of the material; or\n- (b) for the protection of the material;","sortOrder":116},{"sectionNumber":"sec.84","sectionType":"section","heading":"Forfeiture of things not owned by the State","content":"### sec.84 Forfeiture of things not owned by the State\n\nA thing that is not already the property of the State and has been seized under this subdivision is forfeited to the State if the inspector who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\nIn this section—\nowner , of a thing, includes the person in possession or control of it.\n(sec.84-ssec.1) A thing that is not already the property of the State and has been seized under this subdivision is forfeited to the State if the inspector who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.84-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.84-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.84-ssec.4) In this section— owner , of a thing, includes the person in possession or control of it.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":117},{"sectionNumber":"sec.85","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.85 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the chief executive considers appropriate.\nWithout limiting subsection (1) , the State may destroy or otherwise dispose of the thing.\ns 85 amd 2020 No. 27 s 3 sch 1\n(sec.85-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the State as the chief executive considers appropriate.\n(sec.85-ssec.2) Without limiting subsection (1) , the State may destroy or otherwise dispose of the thing.","sortOrder":118},{"sectionNumber":"sec.86","sectionType":"section","heading":"Return of seized things","content":"### sec.86 Return of seized things\n\nIf a seized thing is not disposed of under section 83 or forfeited under section 84 , the inspector must return it to the person from whom it was seized—\nat the end of 6 months; or\nif proceedings involving the thing are started within 6 months, at the end of the proceedings and any review or appeal from the proceedings.\nDespite subsection (1) , unless a thing that has been seized as evidence is disposed of or forfeited as mentioned in the subsection, the inspector must immediately return it to the person from whom it was seized if the inspector stops being satisfied its continued retention as evidence is necessary.\ns 86 amd 2009 No. 24 s 353\n(sec.86-ssec.1) If a seized thing is not disposed of under section 83 or forfeited under section 84 , the inspector must return it to the person from whom it was seized— at the end of 6 months; or if proceedings involving the thing are started within 6 months, at the end of the proceedings and any review or appeal from the proceedings.\n(sec.86-ssec.2) Despite subsection (1) , unless a thing that has been seized as evidence is disposed of or forfeited as mentioned in the subsection, the inspector must immediately return it to the person from whom it was seized if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if proceedings involving the thing are started within 6 months, at the end of the proceedings and any review or appeal from the proceedings.","sortOrder":119},{"sectionNumber":"sec.87","sectionType":"section","heading":"Access to seized things","content":"### sec.87 Access to seized things\n\nUntil a seized thing is disposed of, forfeited or returned, an inspector must allow the person from whom it was seized to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.87-ssec.1) Until a seized thing is disposed of, forfeited or returned, an inspector must allow the person from whom it was seized to inspect it and, if it is a document, to copy it.\n(sec.87-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":120},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"General investigation matters","content":"## General investigation matters","sortOrder":121},{"sectionNumber":"sec.88","sectionType":"section","heading":"Inspector’s obligation not to cause unnecessary damage","content":"### sec.88 Inspector’s obligation not to cause unnecessary damage\n\nAn inspector must take all reasonable steps to ensure the inspector does not cause any unnecessary damage to property in exercising a power under division 2 .","sortOrder":122},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice of damage","content":"### sec.89 Notice of damage\n\nThis section applies if—\nan inspector damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages property.\nThe inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.\nIf the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the inspector reasonably believes is trivial.\nIn subsection (2) —\nowner , of property, includes the person in possession or control of it.\n(sec.89-ssec.1) This section applies if— an inspector damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages property.\n(sec.89-ssec.2) The inspector must immediately give notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.\n(sec.89-ssec.3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector may state the belief in the notice.\n(sec.89-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.89-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial.\n(sec.89-ssec.6) In subsection (2) — owner , of property, includes the person in possession or control of it.\n- (a) an inspector damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages property.","sortOrder":123},{"sectionNumber":"sec.90","sectionType":"section","heading":"Compensation","content":"### sec.90 Compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , subdivision 1 , 3 or 4 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sec.90-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , subdivision 1 , 3 or 4 .\n(sec.90-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.90-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.90-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.","sortOrder":124},{"sectionNumber":"sec.91","sectionType":"section","heading":"False or misleading information given to inspector","content":"### sec.91 False or misleading information given to inspector\n\nA person must not state anything to an inspector the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":125},{"sectionNumber":"sec.92","sectionType":"section","heading":"False or misleading documents given to inspector","content":"### sec.92 False or misleading documents given to inspector\n\nA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the inspector, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.92-ssec.1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.92-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the inspector, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) tells the inspector, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":126},{"sectionNumber":"sec.93","sectionType":"section","heading":"Obstructing an inspector","content":"### sec.93 Obstructing an inspector\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.93-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.93-ssec.2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and the inspector considers the person’s conduct is an obstruction.\n(sec.93-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct is an obstruction.","sortOrder":127},{"sectionNumber":"sec.94","sectionType":"section","heading":"Impersonating an inspector","content":"### sec.94 Impersonating an inspector\n\nA person must not pretend to be an inspector.\nMaximum penalty—50 penalty units.","sortOrder":128},{"sectionNumber":"pt.9","sectionType":"part","heading":"Internal reviews","content":"# Internal reviews","sortOrder":129},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application for internal review","content":"### sec.95 Application for internal review\n\nA person who is given, or is entitled to be given, an information notice about a decision of the chief executive under section 14 to refuse an application for a collection authority, or to grant it on conditions, may apply for an internal review of the decision.\nAlso, a person whose application for a collection authority the chief executive is taken, under section 19 , to have decided to refuse may apply for an internal review of the decision.\ns 95 amd 2020 No. 27 s 3 sch 1\n(sec.95-ssec.1) A person who is given, or is entitled to be given, an information notice about a decision of the chief executive under section 14 to refuse an application for a collection authority, or to grant it on conditions, may apply for an internal review of the decision.\n(sec.95-ssec.2) Also, a person whose application for a collection authority the chief executive is taken, under section 19 , to have decided to refuse may apply for an internal review of the decision.","sortOrder":130},{"sectionNumber":"sec.96","sectionType":"section","heading":"How to apply for internal review","content":"### sec.96 How to apply for internal review\n\nAn application for internal review of a decision must be—\nmade—\nin the approved form; and\nto the Minister; and\nsupported by enough information to enable the Minister to decide the application.\nThe application must be made within 20 business days after—\nthe day the person is given the information notice about the decision; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\ns 96 amd 2020 No. 27 s 3 sch 1\n(sec.96-ssec.1) An application for internal review of a decision must be— made— in the approved form; and to the Minister; and supported by enough information to enable the Minister to decide the application.\n(sec.96-ssec.2) The application must be made within 20 business days after— the day the person is given the information notice about the decision; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n- (a) made— (i) in the approved form; and (ii) to the Minister; and\n- (i) in the approved form; and\n- (ii) to the Minister; and\n- (b) supported by enough information to enable the Minister to decide the application.\n- (i) in the approved form; and\n- (ii) to the Minister; and\n- (a) the day the person is given the information notice about the decision; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":131},{"sectionNumber":"sec.97","sectionType":"section","heading":"Review decision","content":"### sec.97 Review decision\n\nThe Minister must, within 30 business days after receiving the application—\nreview the decision (the original decision ); and\nmake a decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the applicant notice (the review notice ) of the review decision.\nIf the review decision is not the decision sought by the applicant, the review notice must also state the reasons for the review decision.\nIf the Minister does not comply with subsection (1) , the Minister is taken to have made a decision confirming the original decision.\ns 97 amd 2020 No. 27 s 3 sch 1\n(sec.97-ssec.1) The Minister must, within 30 business days after receiving the application— review the decision (the original decision ); and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant notice (the review notice ) of the review decision.\n(sec.97-ssec.2) If the review decision is not the decision sought by the applicant, the review notice must also state the reasons for the review decision.\n(sec.97-ssec.3) If the Minister does not comply with subsection (1) , the Minister is taken to have made a decision confirming the original decision.\n- (a) review the decision (the original decision ); and\n- (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the applicant notice (the review notice ) of the review decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and","sortOrder":132},{"sectionNumber":"sec.98","sectionType":"section","heading":"Restriction on external review","content":"### sec.98 Restriction on external review\n\nOther than as provided by section 95 , a person can not appeal, under any Act , against a decision of the chief executive mentioned in the section.\nA person can not appeal, under any Act , against a decision of the Minister made under this division.\nThis section has no effect on the Judicial Review Act 1991 .\ns 98 amd 2020 No. 27 s 3 sch 1\n(sec.98-ssec.1) Other than as provided by section 95 , a person can not appeal, under any Act , against a decision of the chief executive mentioned in the section.\n(sec.98-ssec.2) A person can not appeal, under any Act , against a decision of the Minister made under this division.\n(sec.98-ssec.3) This section has no effect on the Judicial Review Act 1991 .","sortOrder":133},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2020 No. 27 s 24","sortOrder":134},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2020 No. 27 s 24","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2020 No. 27 s 24","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2020 No. 27 s 24","sortOrder":137},{"sectionNumber":"pt.10","sectionType":"part","heading":"External reviews","content":"# External reviews","sortOrder":138},{"sectionNumber":"sec.103","sectionType":"section","heading":"Review of decision by QCAT","content":"### sec.103 Review of decision by QCAT\n\nA person who is given a QCAT information notice about a decision of the chief executive under section 21 may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 103 sub 2009 No. 24 s 355\namd 2020 No. 27 s 3 sch 1","sortOrder":139},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 om 2009 No. 24 s 355","sortOrder":140},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2009 No. 24 s 355","sortOrder":141},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2009 No. 24 s 355","sortOrder":142},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2009 No. 24 s 355","sortOrder":143},{"sectionNumber":"pt.11","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":144},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":145},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application of div 1","content":"### sec.108 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":146},{"sectionNumber":"sec.109","sectionType":"section","heading":"Appointments and authority","content":"### sec.109 Appointments and authority\n\nIt is not necessary to prove the appointment of any of the following persons, or their authority to do anything under this Act—\nthe Minister;\nthe chief executive;\nan inspector.\ns 109 amd 2020 No. 27 s 25\n- (a) the Minister;\n- (b) the chief executive;\n- (c) an inspector.","sortOrder":147},{"sectionNumber":"sec.110","sectionType":"section","heading":"Signatures","content":"### sec.110 Signatures\n\nA signature purporting to be the signature of a person mentioned in section 109 is evidence of the signature it purports to be.","sortOrder":148},{"sectionNumber":"sec.111","sectionType":"section","heading":"Evidentiary matters","content":"### sec.111 Evidentiary matters\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na direction, requirement or notice;\nthe traditional knowledge code of practice;\na collection authority;\na benefit sharing agreement;\nthe compliance code;\na collection protocol;\na record or an extract from a record;\na register or an extract from a register;\na stated document is another document kept under this Act;\na stated document is a benefit sharing agreement;\na stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\non a stated day, or during a stated period, a stated person was or was not the holder of a collection authority;\non a stated day, or during a stated period, a collection authority—\nwas or was not in force; or\nwas or was not subject to a stated condition;\non a stated day, a collection authority was cancelled;\non a stated day, or during a stated period, a collection authority was suspended;\non a stated day, or during a stated period, a stated biodiscovery entity was or was not a party to a benefit sharing agreement;\non a stated day, or during a stated period, a stated benefit sharing agreement was or was not in force;\non a stated day, or during a stated period, an appointment as an inspector was or was not in force for a stated person;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person.\ns 111 amd 2020 No. 27 s 26\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a direction, requirement or notice; (iii) the traditional knowledge code of practice; (iv) a collection authority; (v) a benefit sharing agreement; (vi) the compliance code; (vii) a collection protocol; (viii) a record or an extract from a record; (ix) a register or an extract from a register;\n- (i) an appointment, approval or decision;\n- (ii) a direction, requirement or notice;\n- (iii) the traditional knowledge code of practice;\n- (iv) a collection authority;\n- (v) a benefit sharing agreement;\n- (vi) the compliance code;\n- (vii) a collection protocol;\n- (viii) a record or an extract from a record;\n- (ix) a register or an extract from a register;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a benefit sharing agreement;\n- (d) a stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\n- (e) on a stated day, or during a stated period, a stated person was or was not the holder of a collection authority;\n- (f) on a stated day, or during a stated period, a collection authority— (i) was or was not in force; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;\n- (g) on a stated day, a collection authority was cancelled;\n- (h) on a stated day, or during a stated period, a collection authority was suspended;\n- (i) on a stated day, or during a stated period, a stated biodiscovery entity was or was not a party to a benefit sharing agreement;\n- (j) on a stated day, or during a stated period, a stated benefit sharing agreement was or was not in force;\n- (k) on a stated day, or during a stated period, an appointment as an inspector was or was not in force for a stated person;\n- (l) on a stated day, a stated person was given a stated notice under this Act;\n- (m) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a direction, requirement or notice;\n- (iii) the traditional knowledge code of practice;\n- (iv) a collection authority;\n- (v) a benefit sharing agreement;\n- (vi) the compliance code;\n- (vii) a collection protocol;\n- (viii) a record or an extract from a record;\n- (ix) a register or an extract from a register;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition;","sortOrder":149},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":150},{"sectionNumber":"sec.112","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.112 Summary proceedings for offences\n\nProceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\nA proceeding for an offence against section 54 must start—\nwithin 5 years after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 7 years after the commission of the offence.\nA proceeding for another offence against this Act must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.112-ssec.1) Proceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\n(sec.112-ssec.2) A proceeding for an offence against section 54 must start— within 5 years after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 7 years after the commission of the offence.\n(sec.112-ssec.3) A proceeding for another offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 5 years after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 7 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":151},{"sectionNumber":"sec.113","sectionType":"section","heading":"Allegations of false or misleading information or documents","content":"### sec.113 Allegations of false or misleading information or documents\n\nIt is enough for a complaint for an offence against this Act involving false or misleading information, or a false or misleading document, to state the statement made, or document given, was ‘false or misleading’ to the person’s knowledge, without specifying whether it was false or whether it was misleading.","sortOrder":152},{"sectionNumber":"sec.114","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.114 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.114-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.114-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.114-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.114-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":153},{"sectionNumber":"sec.115","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.115 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means section 9B (2) , 29 (1) or (3) , 32 (1) , 50 (1) , 51 , 52 or 53 (1) .\ns 115 sub 2013 No. 51 s 7\namd 2020 No. 27 s 27\n(sec.115-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.115-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.115-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.115-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.115-ssec.5) In this section— executive liability provision means section 9B (2) , 29 (1) or (3) , 32 (1) , 50 (1) , 51 , 52 or 53 (1) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.","sortOrder":154},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2009 No. 13 s 213 sch 5","sortOrder":155},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":156},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Protection of confidentiality","content":"## Protection of confidentiality","sortOrder":157},{"sectionNumber":"sec.117","sectionType":"section","heading":"Disclosure of information about collection authority or agreements","content":"### sec.117 Disclosure of information about collection authority or agreements\n\nThis section applies to a person who, in performing functions under this Act, acquires or acquired information about a collection authority, benefit sharing agreement or subsequent use agreement.\nThe person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose the information to someone else—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act ; or\nif the disclosure is otherwise required or permitted by law; or\nif each party to the agreement consents, in writing, to the disclosure; or\nif the information is, or has been, accessible to the public, including, for example, because it is or was recorded in a publicly available register.\ns 117 amd 2009 No. 13 s 213 sch 5 ; 2017 No. 35 s 14 ; 2020 No. 27 s 28\n(sec.117-ssec.1) This section applies to a person who, in performing functions under this Act, acquires or acquired information about a collection authority, benefit sharing agreement or subsequent use agreement.\n(sec.117-ssec.2) The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.117-ssec.3) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act ; or if the disclosure is otherwise required or permitted by law; or if each party to the agreement consents, in writing, to the disclosure; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in a publicly available register.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act ; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if each party to the agreement consents, in writing, to the disclosure; or\n- (e) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in a publicly available register.","sortOrder":158},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Protection from liability","content":"## Protection from liability","sortOrder":159},{"sectionNumber":"sec.118","sectionType":"section","heading":"Liability of State","content":"### sec.118 Liability of State\n\nThe State is not legally liable for an act or omission merely because—\na collection authority has been issued; or\na benefit sharing agreement or subsequent use agreement has been entered into.\ns 118 amd 2017 No. 35 s 15\n- (a) a collection authority has been issued; or\n- (b) a benefit sharing agreement or subsequent use agreement has been entered into.","sortOrder":160},{"sectionNumber":"sec.119","sectionType":"section","heading":"Protecting Minister from liability","content":"### sec.119 Protecting Minister from liability\n\nThe Minister is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the Minister, the liability attaches instead to the State.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 119 sub 2020 No. 27 s 29\namd 2022 No. 34 s 365 sch 3\n(sec.119-ssec.1) The Minister is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.119-ssec.2) If subsection (1) prevents a civil liability attaching to the Minister, the liability attaches instead to the State. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .","sortOrder":161},{"sectionNumber":"sec.120","sectionType":"section","heading":"Whistleblowers’ protection","content":"### sec.120 Whistleblowers’ protection\n\nA person is not liable, civilly, criminally or under an administrative process, for disclosing to the Minister or chief executive information about a person’s conduct that breaches this Act, a benefit sharing agreement or a subsequent use agreement.\nWithout limiting subsection (1) —\nin a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and\nif the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser—\ndoes not contravene the Act , oath, rule of law or practice for disclosing the information; and\nis not liable to disciplinary action for disclosing the information.\nA person’s liability for the person’s own conduct is not affected only because the person discloses it to the Minister or chief executive.\ns 120 amd 2017 No. 35 s 16 ; 2020 No. 27 s 30\n(sec.120-ssec.1) A person is not liable, civilly, criminally or under an administrative process, for disclosing to the Minister or chief executive information about a person’s conduct that breaches this Act, a benefit sharing agreement or a subsequent use agreement.\n(sec.120-ssec.2) Without limiting subsection (1) — in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser— does not contravene the Act , oath, rule of law or practice for disclosing the information; and is not liable to disciplinary action for disclosing the information.\n(sec.120-ssec.3) A person’s liability for the person’s own conduct is not affected only because the person discloses it to the Minister or chief executive.\n- (a) in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and\n- (b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser— (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information.\n- (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and\n- (ii) is not liable to disciplinary action for disclosing the information.\n- (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and\n- (ii) is not liable to disciplinary action for disclosing the information.","sortOrder":162},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":163},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2020 No. 27 s 31","sortOrder":164},{"sectionNumber":"sec.122","sectionType":"section","heading":"Approval of forms","content":"### sec.122 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 122 sub 2020 No. 27 s 32","sortOrder":165},{"sectionNumber":"sec.123","sectionType":"section","heading":"Regulation-making power","content":"### sec.123 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe fees payable under the Act ; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.123-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.123-ssec.2) Without limiting subsection (1) , a regulation may— prescribe fees payable under the Act ; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under the Act ; and\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":166},{"sectionNumber":"pt.13","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":167},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 19 of 2004","content":"## Transitional provisions for Act No. 19 of 2004","sortOrder":168},{"sectionNumber":"sec.124","sectionType":"section","heading":"Existing benefit sharing agreements with State","content":"### sec.124 Existing benefit sharing agreements with State\n\nThis section applies to an agreement entered into between the State and a biodiscovery entity before the commencement of this section under which—\nthe State gave the entity the right to use, for biodiscovery, native biological material—\ntaken from State land or Queensland waters; or\nsourced from native biological material taken from State land or Queensland waters; and\nthe entity agreed to provide benefits of biodiscovery to the State.\nOn and from the commencement, the agreement is taken to be a benefit sharing agreement entered into under section 33.\nHowever, section 35(1) does not apply to the agreement until the end of 1 year after the commencement.\nAlso, subsection (2) is not effective to impose criminal liability, before the commencement, under section 43.\nDespite subsections (2) to (4), section 50 applies to the entity on and from the commencement.\n(sec.124-ssec.1) This section applies to an agreement entered into between the State and a biodiscovery entity before the commencement of this section under which— the State gave the entity the right to use, for biodiscovery, native biological material— taken from State land or Queensland waters; or sourced from native biological material taken from State land or Queensland waters; and the entity agreed to provide benefits of biodiscovery to the State.\n(sec.124-ssec.2) On and from the commencement, the agreement is taken to be a benefit sharing agreement entered into under section 33.\n(sec.124-ssec.3) However, section 35(1) does not apply to the agreement until the end of 1 year after the commencement.\n(sec.124-ssec.4) Also, subsection (2) is not effective to impose criminal liability, before the commencement, under section 43.\n(sec.124-ssec.5) Despite subsections (2) to (4), section 50 applies to the entity on and from the commencement.\n- (a) the State gave the entity the right to use, for biodiscovery, native biological material— (i) taken from State land or Queensland waters; or (ii) sourced from native biological material taken from State land or Queensland waters; and\n- (i) taken from State land or Queensland waters; or\n- (ii) sourced from native biological material taken from State land or Queensland waters; and\n- (b) the entity agreed to provide benefits of biodiscovery to the State.\n- (i) taken from State land or Queensland waters; or\n- (ii) sourced from native biological material taken from State land or Queensland waters; and","sortOrder":169},{"sectionNumber":"sec.125","sectionType":"section","heading":"Existing permits, licences or other authorities","content":"### sec.125 Existing permits, licences or other authorities\n\nSubsection (2) applies—\nif the holder of a corresponding authority complies with the Act under which the authority was issued; and\nuntil the authority expires or is sooner cancelled.\nOn and from the commencement of this section—\ndespite section 50, the holder may continue to take the native biological material authorised to be taken under the authority; and\nthe authority is taken to be a collection authority.\nIn this section—\ncorresponding authority means a permit, licence or other authority—\nissued, for the purpose of biodiscovery, under another Act ; and\nauthorising the taking of native biological material from State land or Queensland waters.\n(sec.125-ssec.1) Subsection (2) applies— if the holder of a corresponding authority complies with the Act under which the authority was issued; and until the authority expires or is sooner cancelled.\n(sec.125-ssec.2) On and from the commencement of this section— despite section 50, the holder may continue to take the native biological material authorised to be taken under the authority; and the authority is taken to be a collection authority.\n(sec.125-ssec.3) In this section— corresponding authority means a permit, licence or other authority— issued, for the purpose of biodiscovery, under another Act ; and authorising the taking of native biological material from State land or Queensland waters.\n- (a) if the holder of a corresponding authority complies with the Act under which the authority was issued; and\n- (b) until the authority expires or is sooner cancelled.\n- (a) despite section 50, the holder may continue to take the native biological material authorised to be taken under the authority; and\n- (b) the authority is taken to be a collection authority.\n- (a) issued, for the purpose of biodiscovery, under another Act ; and\n- (b) authorising the taking of native biological material from State land or Queensland waters.","sortOrder":170},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":171},{"sectionNumber":"sec.136","sectionType":"section","heading":"Repeal","content":"### sec.136 Repeal\n\nThe Year 2000 Information Disclosure Act 1999 is repealed.","sortOrder":172},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Transitional provisions for Biodiscovery and Other Legislation Amendment Act 2020","content":"## Transitional provisions for Biodiscovery and Other Legislation Amendment Act 2020","sortOrder":173},{"sectionNumber":"sec.137","sectionType":"section","heading":"Definition for division","content":"### sec.137 Definition for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement of the Biodiscovery and Other Legislation Amendment Act 2020 , part 2.\ns 137 ins 2020 No. 27 s 35","sortOrder":174},{"sectionNumber":"sec.138","sectionType":"section","heading":"Liability for traditional knowledge obligation deferred until first code approved","content":"### sec.138 Liability for traditional knowledge obligation deferred until first code approved\n\nFrom the commencement, a person is not liable to be prosecuted for contravention of the traditional knowledge obligation until the first traditional knowledge code of practice is approved by regulation.\ns 138 ins 2020 No. 27 s 35","sortOrder":175},{"sectionNumber":"sec.139","sectionType":"section","heading":"Effect of traditional knowledge obligation on existing biodiscovery","content":"### sec.139 Effect of traditional knowledge obligation on existing biodiscovery\n\nThis section applies if—\nbefore the commencement, a person was engaging in biodiscovery (the existing biodiscovery )—\nunder the former Act; or\nin a way that was not prohibited under the former Act; and\nfrom the commencement, the traditional knowledge obligation would, but for this section, apply to the person.\nThe person is not liable to be prosecuted for contravention of the traditional knowledge obligation to the extent the person—\ncontinues the existing biodiscovery; or\nengages in other biodiscovery contemplated by the existing biodiscovery.\ns 139 ins 2020 No. 27 s 35\n(sec.139-ssec.1) This section applies if— before the commencement, a person was engaging in biodiscovery (the existing biodiscovery )— under the former Act; or in a way that was not prohibited under the former Act; and from the commencement, the traditional knowledge obligation would, but for this section, apply to the person.\n(sec.139-ssec.2) The person is not liable to be prosecuted for contravention of the traditional knowledge obligation to the extent the person— continues the existing biodiscovery; or engages in other biodiscovery contemplated by the existing biodiscovery.\n- (a) before the commencement, a person was engaging in biodiscovery (the existing biodiscovery )— (i) under the former Act; or (ii) in a way that was not prohibited under the former Act; and\n- (i) under the former Act; or\n- (ii) in a way that was not prohibited under the former Act; and\n- (b) from the commencement, the traditional knowledge obligation would, but for this section, apply to the person.\n- (i) under the former Act; or\n- (ii) in a way that was not prohibited under the former Act; and\n- (a) continues the existing biodiscovery; or\n- (b) engages in other biodiscovery contemplated by the existing biodiscovery.","sortOrder":176},{"sectionNumber":"sec.140","sectionType":"section","heading":"Consultation about traditional knowledge code before commencement","content":"### sec.140 Consultation about traditional knowledge code before commencement\n\nThis section applies if, before the commencement, the Minister consulted with the groups and entities mentioned in section 9D to prepare the first traditional knowledge code of practice.\nThe consultation is taken to satisfy the requirements of section 9D for the first traditional knowledge code of practice.\ns 140 ins 2020 No. 27 s 35\n(sec.140-ssec.1) This section applies if, before the commencement, the Minister consulted with the groups and entities mentioned in section 9D to prepare the first traditional knowledge code of practice.\n(sec.140-ssec.2) The consultation is taken to satisfy the requirements of section 9D for the first traditional knowledge code of practice.","sortOrder":177},{"sectionNumber":"sec.141","sectionType":"section","heading":"Existing applications for collection authorities","content":"### sec.141 Existing applications for collection authorities\n\nThis section applies if—\nbefore the commencement, a person applied for a collection authority under former section 11; and\nimmediately before the commencement, the application had not been decided.\nThe application is taken to be an application made under new section 11.\nIn this section—\nnew section 11 means section 11 as in force from the commencement.\ns 141 ins 2020 No. 27 s 35\n(sec.141-ssec.1) This section applies if— before the commencement, a person applied for a collection authority under former section 11; and immediately before the commencement, the application had not been decided.\n(sec.141-ssec.2) The application is taken to be an application made under new section 11.\n(sec.141-ssec.3) In this section— new section 11 means section 11 as in force from the commencement.\n- (a) before the commencement, a person applied for a collection authority under former section 11; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":178},{"sectionNumber":"pt.15","sectionType":"part","heading":null,"content":"","sortOrder":179}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.16(4) and sec.17(1)","severity":"high","reasoning":"Section 17(1) makes a BSA a prerequisite condition before any taking can occur. Section 16(4) lapses the authority if no BSA is entered within 1 year. The holder therefore holds a collection authority they can never lawfully use until a BSA exists, but the lapsing clock runs regardless of whether the State is willing to negotiate a BSA. The holder's ability to comply with s17(1) is entirely contingent on State co-operation, yet the lapsing consequence falls entirely on the holder.","confidence":0.88,"description":"A collection authority lapses after 1 year if no benefit sharing agreement is entered into, yet it is a mandatory condition of the collection authority that the holder must not take material UNLESS a benefit sharing agreement is already in force. This creates a bootstrapping impossibility: you cannot take material without a BSA, but the authority lapses if you don't enter a BSA within 1 year, yet there is no explicit obligation on the State to enter a BSA, meaning a holder is perpetually barred from using an authority they legally hold."},{"type":"circular_definition","section":"sec.14(2)(a)(ii)","severity":"medium","reasoning":"The satisfication threshold for granting an application is partially defined by reference to the very conditions the CE has not yet finalised imposing. The CE must assess conformity with the compliance code as filtered through conditions not yet imposed, making the assessment standard self-referential.","confidence":0.72,"description":"The chief executive must be satisfied that the proposed taking conforms with the compliance code and collection protocols 'to the extent the code and protocols are consistent with the conditions the chief executive proposes imposing'. This creates a circular dependency: the compliance conditions are only binding to the extent they are consistent with the CE's own proposed conditions, which are themselves determined partly by reference to the compliance code. The CE's conditions define the scope of the code's applicability and vice versa."},{"type":"self_contradicting","section":"sec.9B(2) and sec.9B(4)","severity":"medium","reasoning":"The section imposes a personal obligation ('the person must take all reasonable and practical measures') but then provides that mere employment by a compliant entity is a complete defence. This creates a gap where an employee who independently misuses traditional knowledge could rely on the employer's code of practice compliance as a complete answer, regardless of their own conduct.","confidence":0.75,"description":"A person subject to the traditional knowledge obligation must take 'all reasonable and practical measures' to ensure they do not use traditional knowledge without an agreement. However, s9B(4)(b) provides a complete deemed compliance safe harbour if the person is merely 'employed or engaged by a biodiscovery entity that has complied with the traditional knowledge code of practice'. An individual employee is thus fully absolved by their employer's compliance with a code of practice, even if the employee personally misuses traditional knowledge, potentially gutting the obligation for individuals within organisations."},{"type":"self_contradicting","section":"sec.44(3)","severity":"low","reasoning":"This is a known legislative drafting technique but creates genuine conceptual incoherence: a document cannot both not be subordinate legislation and be treated as subordinate legislation for disallowance purposes without creating uncertainty about its precise legal status and applicable rules.","confidence":0.65,"description":"The compliance code is declared to be a 'statutory instrument within the meaning of the Statutory Instruments Act 1992, but is not subordinate legislation'. It is then made subject to disallowance provisions that explicitly apply to subordinate legislation 'as if it were subordinate legislation'. The instrument is simultaneously declared not to be subordinate legislation and then treated as if it were subordinate legislation for key purposes, creating a contradictory legal classification."},{"type":"impossible_compliance","section":"sec.30(1)(c)","severity":"low","reasoning":"The receiving entity for non-animal, non-plant, non-fungi material is defined by the BSA. If the BSA is silent on this point, or if the taking and BSA execution are contemporaneous, the obligation to give a sample 'as soon as practicable' has no identified recipient.","confidence":0.6,"description":"For material from 'another organism' (i.e., not an animal, plant, or fungi), the receiving entity for mandatory samples is 'an entity stated in the benefit sharing agreement concerning the material'. However, under s17(1), a holder cannot take material until a BSA is in force, and under s30(1), the holder must give a sample 'as soon as practicable after taking' the material. If the BSA does not yet specify a receiving entity, or the BSA and the taking occur simultaneously, there is a practical impossibility in identifying the receiving entity at the moment the sample obligation crystallises."},{"type":"impossible_compliance","section":"sec.9C(3) and sec.9B(4)","severity":"medium","reasoning":"The Act creates a compliance pathway (complying with the code) that may not exist at any given time because the code only takes effect upon regulatory approval. In the interim, persons must comply with a vague 'all reasonable and practical measures' standard with no safe harbour available.","confidence":0.7,"description":"The traditional knowledge code of practice only 'takes effect when it is approved by regulation'. Until a regulation approves it, there is no operative code of practice. However, s9B(4)(a) provides that a person is taken to comply with the traditional knowledge obligation if 'the person complies with the traditional knowledge code of practice'. Before any such code exists or takes effect, this safe harbour is entirely inoperative, leaving persons with no clear pathway to deemed compliance and no guidance on what 'all reasonable and practical measures' requires."}],"contradictions":[{"severity":"medium","section_a":"sec.16(4)","section_b":"sec.17(1)","confidence":0.82,"description":"Section 16(4) allows a collection authority to remain alive for up to 1 year without a benefit sharing agreement, implicitly contemplating lawful holding of the authority without a BSA. Section 17(1) makes it a condition of the authority that the holder 'must not take native biological material under the authority unless a benefit sharing agreement concerning the material is in force'. While these provisions are not technically contradictory (one can hold an authority without taking material), the combined effect is that the 1-year grace period in s16(4) is operationally meaningless—the holder cannot do anything with the authority during that period."},{"severity":"medium","section_a":"sec.6(1)","section_b":"sec.6(2)","confidence":0.85,"description":"Section 6(1) states the Act binds all persons 'including the State' and the Commonwealth and other States. Section 6(2) then provides that nothing in the Act makes the State, Commonwealth or another State 'liable to be prosecuted for an offence'. This creates a contradiction: the Act purports to bind the State (implying all obligations apply) but then immunises the State from the primary enforcement mechanism (prosecution). State entities could therefore breach the Act with complete impunity from criminal sanction."},{"severity":"medium","section_a":"sec.14(4)","section_b":"sec.17(1)","confidence":0.78,"description":"Section 14(4) expressly states the chief executive 'may refuse the application even if a benefit sharing agreement is in force concerning the material the subject of the application'. This means a BSA can exist but a collection authority can still be refused. However, s17(1) requires a BSA to be in force before any material can be taken under a collection authority. The practical implication is that an entity may have a valid BSA (granting the right to use material) but be refused a collection authority (preventing any lawful taking), rendering the BSA's right to use the material illusory."},{"severity":"low","section_a":"sec.33(1)","section_b":"sec.3(1)(b)","confidence":0.62,"description":"Section 3(1)(b) states a purpose of the Act is to 'facilitate access by biodiscovery entities to minimal quantities of native biological material'. Section 33(1) provides that a benefit sharing agreement gives the entity 'the right to use native biological material from State land or Queensland waters for biodiscovery' without any 'minimal quantities' limitation. The BSA framework therefore operates without the 'minimal quantities' constraint that applies to collection authorities under s10, potentially allowing unrestricted use under a BSA beyond the access-facilitation purpose."},{"severity":"medium","section_a":"sec.9A","section_b":"sec.10","confidence":0.8,"description":"Section 9A states that Part 2A (traditional knowledge obligations) applies regardless of whether material 'is taken from State land or Queensland waters'. Section 10 limits collection authorities to taking material 'from, on or in, State land or Queensland waters'. This creates a scope mismatch: traditional knowledge obligations apply to biodiscovery using material taken from anywhere (including private land or overseas), but collection authorities—and therefore the benefit sharing framework—only apply to State land or Queensland waters, leaving a regulatory gap for material taken elsewhere but used in biodiscovery with traditional knowledge."},{"severity":"low","section_a":"sec.35(1)(a)","section_b":"sec.35A(2)","confidence":0.6,"description":"Section 35(1)(a) allows a biodiscovery entity to engage another entity to assist with biodiscovery without a subsequent use agreement, provided that assistant entity is not entitled to any gain 'calculated by reference to the results of commercialisation'. Section 35A(2) provides a separate pathway for subsequent users who enter a subsequent use agreement including prescribed minimum terms. The boundary between an 'assistant' under s35(1)(a) and a 'subsequent user' under s35A is unclear—an entity involved in biodiscovery work could arguably fall into either category, with very different legal consequences and obligations."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since its original enactment, the Act has been expanded to regulate use of traditional knowledge explicitly and to give effect to elements of the Nagoya Protocol (sec 4; pts 2A, secs 9A–9C). Amendments broadened the Act's operational scope (extraterritorial reach in sec 9), added specific obligations (labelling, sample deposition, material disposal reporting — secs 29–32), created subsequent use agreement rules (secs 35–35A), and reinforced administrative control via statutory codes and collection protocols (secs 44–49). Those additions move the law beyond a narrow permit regime into a more comprehensive contractual and compliance architecture, increasing administrative discretion, compliance duties and enforcement mechanisms. Transitional provisions (secs 137–141) stage the practical effect of some of these extensions (for example, deferring liability for the traditional knowledge obligation until the code is in place)."},"complexity_factors":["Multiple interlocking regimes: collection authorities, benefit sharing agreements, subsequent use agreements and traditional knowledge obligations (pts 3–5, 2A)","Extensive cross-references to other Queensland Acts and Commonwealth instruments (Nature Conservation Act 1992, Forestry Act 1959, Marine Parks Act 2004, Convention on Biological Diversity, Nagoya Protocol, International Treaty on Plant Genetic Resources) (secs 4, 7, 14, 24)","Delegation and discretionary administrative powers concentrated in the chief executive and Minister (decision, amendment, suspension, cancellation, and making codes/protocols) (secs 14, 20–21, 33, 44–45)","Statutory instruments and secondary law: compliance code and collection protocols are statutory instruments subject to tabling/disallowance rules but operational detail is set in executive instruments (secs 44–45)","Layered offences and executive liability provisions with different maximum penalties (including imprisonment for protected wildlife) and extended limitation periods for some offences (secs 50, 54, 112, 115)","Detailed inspector powers including warrants, special warrants, vehicle searches, seizure, and complex procedural safeguards (secs 68–79, 71–73)","Record-keeping and reporting obligations with long retention periods (30 years for research records) (secs 32, 43)","Transitional provisions and staged liability for parts of the Act (e.g. traditional knowledge liability deferred until code approved) adding temporal complexity (secs 137–141, 138–140)","Public and non-public registers with different disclosure rules and confidentiality protections (secs 27, 42, 117)","Multiple exceptions and carve-outs (educational uses, classification, certain international treaty-consistent uses) that require careful legal interpretation (secs 7A, 31, 54)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Regulates access to Queensland's native biological material (plants, animals, fungi and other organisms) for biodiscovery (research aimed at finding useful biological or biochemical properties). Key tools are: collection authorities (permits to take small amounts of material) and benefit sharing agreements (contracts under which an applicant gets the right to use State material and gives benefits back to the State) (secs 10, 33–35).\n\n- Requires anyone who accesses traditional (Indigenous) knowledge for biodiscovery to take reasonable and practical steps not to use that knowledge unless there is an agreement with the custodians of that knowledge (the \"traditional knowledge obligation\") and allows the Minister to publish a code of practice about how to comply (secs 9A–9C).\n\n- Requires holders of collection authorities to label and barcode material, deposit samples with State collections (museum/herbarium or another receiving entity), and report disposals regularly (secs 29–32).\n\n- Establishes codes and protocols (a compliance code and site/type-specific collection protocols) that set minimum standards for how material may be taken, to protect sustainability and minimise impact; those codes are published and given effect by the chief executive (secs 44–49).\n\n- Creates inspection, monitoring and enforcement powers for authorised inspectors, including powers to enter places, seize and secure evidence, and apply for warrants; it sets criminal and administrative penalties for unauthorised taking and for breaches of conditions, false statements, obstruction, etc. (pts 7–8: secs 50–59, 61–93).\n\n- Keeps public registers of collection authorities and benefit sharing agreements (limited details only), requires biodiscovery entities to retain records for long periods (30 years for research records), and provides internal and external review routes for administrative decisions (secs 27, 32, 42, 43, 95–103).\n\n\nWho it affects\n\n- Biodiscovery entities, researchers and companies that take, use or commercialise native biological material from State land or Queensland waters (many obligations and penalties attach to them) (secs 10, 33, 54).\n- Persons who access Indigenous traditional knowledge in preparing or conducting biodiscovery — they must secure agreements with custodians or follow an approved code (secs 9B–9C).\n- The Minister and the chief executive, who decide on applications, make codes/protocols, enter benefit sharing agreements and supervise compliance (secs 11–15, 33, 44–46).\n- Inspectors and State receiving entities (Queensland Museum, Queensland Herbarium) who receive samples and enforce the Act (secs 30, 61–75).\n\n\nWhy it matters (stated purpose and how the mechanics serve it)\n\n- Stated purpose: implement principles from the Convention on Biological Diversity and the Nagoya Protocol by conserving biodiversity, promoting sustainable use, and ensuring the State receives a fair share of benefits from use of native biological material, and by protecting and governing use of traditional knowledge (sec 4; sec 3 sets out purposes).\n- Mechanically, the Act channels access through permits and contracts (collection authorities and benefit sharing agreements), creates mandatory deposit and labelling to preserve scientific information, and imposes penalties and inspection powers to enforce compliance (secs 10, 29–35, 61–93).\n\n\nPractical effects, costs and trade-offs (analyst’s note)\n\n- Who pays: biodiscovery entities carry direct costs — application and registration fees, possible monetary payments under benefit sharing agreements, costs of labelling/bar-coding and long-term record-keeping (secs 11, 34, 29, 43). The State bears administrative costs to manage registers, run review processes and enforce compliance; the Minister/chief executive decide allocation and conditions (secs 27, 33, 95–97).\n\n- Compliance burden and transactions: applicants must provide detailed location and classification information; many actions (labelling samples, depositing specimens, twice-yearly disposal reports, 30-year record retention) add administrative and storage costs and lengthen contractual negotiations (secs 12, 29–32, 43). Codes and protocols can impose technical standards that further raise compliance costs (secs 44–46).\n\n- Bureaucratic discretion: the chief executive has broad powers to grant, refuse, condition, amend, suspend or cancel collection authorities; the Minister negotiates benefit sharing agreements and may delegate powers to the chief executive (secs 14, 20, 21, 33). That discretion concentrates decision-making in the executive and makes outcomes sensitive to administrative practice and policy settings.\n\n- Incentives and private behaviour: the Act ties lawful use of State-sourced material to having a benefit sharing agreement (sec 17). That creates an incentive for entities to either (a) negotiate agreements with the State; (b) avoid State land/waters and source material elsewhere; or (c) limit work to activities exempted (classification, verification, some educational uses) (sec 54). The requirement that subsequent users provide benefits via the primary biodiscovery entity (secs 34–35A) controls downstream transfers but may complicate collaborative research and supply-chain contracting.\n\n- Market and competition effects: benefit sharing agreements and prescribed minimum terms can impose ongoing payment or reporting obligations; these raise the cost of commercialisation and could advantage larger firms able to absorb contract negotiation and compliance costs, while deterring small startups or academic spin-outs. Conversely, transparency measures (registers) and prescribed minimum terms supply a baseline for negotiation and public scrutiny (secs 34, 42, 27).\n\n- Conservation vs use trade-off: collection is limited to \"minimal quantities\" and must comply with codes/protocols designed to protect sustainability; however, chief executive may allow continued collection even where land becomes a national park or wildlife classification changes (secs 10, 24–25). That preserves scientific continuity but requires careful application to avoid conservation risks (secs 44–45).\n\n- Traditional knowledge implementation risk: the Act requires reasonable and practical measures and allows a code of practice to set detail (secs 9B–9C). Identifying custodians and obtaining free, prior and informed consent is often legally and operationally complex — this raises risk around who the State or an applicant must negotiate with and how to verify consent. The Act delays liability for the traditional knowledge obligation until the first code is approved to allow preparation (transitional sec 138).\n\n- Enforcement and legal risk: high maximum penalties for unauthorised use or taking (including imprisonment for protected wildlife) and broad extraterritorial reach increase legal exposure (secs 50, 9). Inspectors have robust search, seizure and warrant powers (secs 68–79), raising potential contestation in practice.\n\n\nTransparency, checks and review\n\n- Registers (collection authorities and benefit sharing agreements) include limited public details designed to balance transparency with confidentiality; the chief executive controls publication (secs 27, 42).\n- Administrative review (internal review by Minister) and external review avenues (QCAT) exist for some decisions, but the Act restricts other external appeals (secs 95–103, 98).\n\n\nBottom-line statements (plain and direct)\n\n- The Act makes most lawful biodiscovery on State land / Queensland waters conditional on administrative permission and contractual benefit sharing with the State (secs 10, 17, 33–35).\n- Biodiscovery entities pay fees, meet labelling/deposit/reporting and record-keeping obligations, and negotiate benefit sharing terms; the Minister and chief executive decide who gets what access and on what conditions (secs 11, 29–32, 34, 95).\n- The Act adds an obligation and rule-making route to govern use of traditional knowledge (secs 9B–9C), but leaves important implementation detail to codes and administrative practice, which creates operational uncertainty until the codes are finalised.\n\n(For specific section references, see: definitions and purpose — sec 3–5; collection authorities — pts 3–4 (secs 10–32); benefit sharing agreements — pt 5 (secs 33–35A, 42–43); compliance code and protocols — pt 6 (secs 44–49); offences, inspectors and enforcement — pts 7–8 (secs 50–93); review and registers — pts 9–11 (secs 95–103, 27, 42).)\n"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope expanded from its original 2004 intent. Originally focused on regulating the physical collection of native biological material from State land/waters and sharing commercial benefits with the State, the 2020 amendments (Act No. 27 of 2020) significantly broadened the Act by adding a whole new Part 2A dedicated to traditional knowledge obligations. This extended the Act's reach beyond physical collection to cover the use of Indigenous traditional knowledge in biodiscovery — regardless of where the biological material is collected from. The 2017 amendments also added the subsequent use agreement framework (section 35A), expanding the Act's reach to cover downstream commercial arrangements between private entities."},"complexity_factors":["Multilayered regulatory framework: collection authorities, benefit sharing agreements, subsequent use agreements, and traditional knowledge obligations all interact with each other","Contractual and regulatory hybrid: the Act combines a licensing/permit system with mandatory commercial contracts (benefit sharing agreements), each with their own conditions and obligations","International treaty implementation: the Act must be read alongside the Convention on Biological Diversity and the Nagoya Protocol, adding interpretive complexity","Interaction with multiple other Queensland Acts: Nature Conservation Act, Marine Parks Act, Forestry Act, and the Criminal Code all intersect with this legislation","Extraterritorial application: offences can be committed outside Queensland, raising jurisdictional complexity","Executive liability provisions: corporate officers can be personally liable for offences by their organisations, requiring understanding of corporate governance implications","Evolving legislation: significant amendments in 2017 and 2020 changed key provisions (especially traditional knowledge obligations and subsequent use agreements), meaning earlier versions of the Act have different effect","Specialised scientific and legal terminology: terms like 'minimal quantities', 'native biological material', 'biodiscovery', 'traditional knowledge', and 'custodians of knowledge' require careful interpretation","Tiered agreement structure: head agreements, subsequent use agreements, and prescribed minimum terms create a chain of contractual obligations that must all be tracked"],"plain_english_summary":"The Act controls who may collect Queensland native biological material for biodiscovery, requiring government collection authorities and negotiated benefit‑sharing agreements so the State (and communities) share commercial returns. It also mandates consent and protection for Aboriginal and Torres Strait Islander traditional knowledge, compulsory deposition of reference samples with Queensland institutions, and downstream agreements when material is passed to others. Researchers, companies, Indigenous custodians and the Queensland Government are directly affected—unauthorised use attracts substantial penalties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":663},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2004 scope. The 2017 amendments introduced 'subsequent use agreements' creating multi-tiered contractual chains. The 2020 amendments added Part 2A with entirely new obligations regarding traditional knowledge, including a mandatory code of practice and criminal penalties for non-compliance. The Act now regulates not just physical sampling but intangible knowledge systems, and extends to extraterritorial conduct."},"complexity_factors":["Multiple overlapping frameworks: collection authorities, benefit-sharing agreements, subsequent use agreements, and traditional knowledge obligations","Extensive cross-referencing with other Queensland legislation (Nature Conservation Act 1992, Marine Parks Act 2004, Forestry Act 1959, etc.)","Conditional application of offences based on material type (NCA material vs other) and location (State land vs Queensland waters)","Nested exceptions and exemptions, including for educational institutions and international food/agriculture treaty plants","Executive liability provisions attaching personal liability to corporate officers","Multiple amendment history (notably 2017 and 2020) creating transitional provisions and deferred commencement effects","Special warrant procedures with alternative communication methods (fax, radio) and documentary requirements","Defined terms scattered across the Act and a schedule dictionary requiring cross-reference"],"plain_english_summary":"This Queensland law regulates **biodiscovery** — the process of researching native plants, animals and other organisms to find valuable commercial or scientific uses (like new medicines, cosmetics or agricultural products).\n\n**What it does:**\n\n- **Creates a permit system** — Companies and researchers need a \"collection authority\" to take small samples of native biological material from Queensland's land or waters for research.\n- **Protects Indigenous knowledge** — Anyone using **traditional knowledge** (knowledge held by Aboriginal and Torres Strait Islander peoples about native species) must get agreement from the knowledge custodians first. There's a special code of practice for this.\n- **Requires benefit-sharing agreements** — Before commercialising discoveries, companies must negotiate agreements with the Queensland Government to share the benefits (money, royalties, or other returns) with the State.\n- **Sets collection rules** — A compliance code and collection protocols ensure samples are taken sustainably without harming ecosystems.\n- **Establishes enforcement powers** — Authorised inspectors can enter premises, seize evidence, and issue penalties for offences.\n\n**Who it affects:**\n- Pharmaceutical companies, biotechnology firms, and academic researchers wanting to study Queensland's native species\n- Aboriginal and Torres Strait Islander communities whose traditional knowledge may be involved\n- Queensland Government agencies managing permits and enforcement\n\n**Why it matters:**\nQueensland's unique biodiversity is a valuable resource. This law tries to balance encouraging scientific research with protecting the environment, respecting Indigenous rights, and ensuring Queenslanders get a fair return when local species lead to commercial products. It implements Australia's obligations under international treaties including the **Convention on Biological Diversity** and the **Nagoya Protocol**.\n\n**Key offences include:** taking samples without a permit (up to 2 years imprisonment for protected species), using traditional knowledge without agreement, and commercialising discoveries without a benefit-sharing agreement."}},"importantCases":[],"_links":{"self":"/api/acts/biodiscovery-act-2004","history":"/api/acts/biodiscovery-act-2004/history","analysis":"/api/acts/biodiscovery-act-2004/analysis","conflicts":"/api/acts/biodiscovery-act-2004/conflicts","importantCases":"/api/acts/biodiscovery-act-2004/important-cases","documents":"/api/acts/biodiscovery-act-2004/documents"}}