{"id":"qld:act-1987-051","name":"Biological Control Act 1987","slug":"biological-control-act-1987","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"51 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104917,"registerId":"qld-act-1987-051-current","compilationNumber":null,"startDate":"2026-04-03","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 Biological Control Act 1987 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection (1) this Act shall commence on a day appointed by proclamation.\n(sec.2-ssec.1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection (1) this Act shall commence on a day appointed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nagent application means an application under section 20 .\nagent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27 , 28 , 29 or 32 , that the organisms are agent organisms for the purposes of this Act.\nagent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act.\nAustralia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force.\nAuthority means the Queensland Biological Control Authority established by section 8 .\nCommonwealth Act means the Biological Control Act 1984 (Cwlth) .\ncontrol , in relation to organisms, includes—\nreduce the number of those organisms; and\nprevent an increase in the number of those organisms; and\nreduce the activity or appetite of some or all of those organisms; and\nmodify the behaviour or characteristics of some or all of those organisms.\nCouncil means—\nthe standing ministerial council established or recognised by the Council of Australian Governments of which its members include Commonwealth and State ministers with portfolio responsibility for primary industries; or\nif another body is prescribed by regulation—the prescribed body.\ns 3 def Council sub 1996 No. 59 s 4 (2) ; 2014 No. 59 s 4\nkind , in relation to live organisms, viruses or sub-viral agents, means species, subspecies or variety.\ns 3 def kind amd 2017 No. 7 s 96 (3)\norganisation includes—\na body corporate; and\nan association or other body of persons; and\nan association that consists of 2 or more organisations referred to in paragraphs (a) and (b) .\norganism means—\nan organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or\na part of, or matter discharged from, an organism within the meaning of paragraph (a) ; or\na virus or sub-viral agent.\ns 3 def organism amd 2017 No. 7 s 96 (4)\nperson includes an organisation.\nprescribed live organisms ...\ns 3 def prescribed live organisms om 2017 No. 7 s 96 (1)\nprescribed organisms —\nmeans organisms that are—\nlive organisms; or\nviruses or sub-viral agents; but\ndoes not include live vaccines or resistant cultivars.\ns 3 def prescribed organisms ins 2017 No. 7 s 96 (2)\nrelevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act.\nState includes the Northern Territory.\ntarget application means an application under section 11 .\ntarget organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18 , 28 , 29 or 32 , that the organisms are target organisms for the purposes of this Act.\ntarget recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act.\nTerritory does not include the Northern Territory.\ns 3 amd 1996 No. 59 s 4 (1), (3) – (8)\n(2)–(3) renum as s 3A 1996 No. 59 s 4 (4)\n(4)–(5) renum as s 3B 1996 No. 59 s 4 (6)\n(6) renum as s 3C 1996 No. 59 s 4 (8)\n(sec.3-ssec.1) In this Act— agent application means an application under section 20 . agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27 , 28 , 29 or 32 , that the organisms are agent organisms for the purposes of this Act. agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act. Australia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force. Authority means the Queensland Biological Control Authority established by section 8 . Commonwealth Act means the Biological Control Act 1984 (Cwlth) . control , in relation to organisms, includes— reduce the number of those organisms; and prevent an increase in the number of those organisms; and reduce the activity or appetite of some or all of those organisms; and modify the behaviour or characteristics of some or all of those organisms. Council means— the standing ministerial council established or recognised by the Council of Australian Governments of which its members include Commonwealth and State ministers with portfolio responsibility for primary industries; or if another body is prescribed by regulation—the prescribed body. s 3 def Council sub 1996 No. 59 s 4 (2) ; 2014 No. 59 s 4 kind , in relation to live organisms, viruses or sub-viral agents, means species, subspecies or variety. s 3 def kind amd 2017 No. 7 s 96 (3) organisation includes— a body corporate; and an association or other body of persons; and an association that consists of 2 or more organisations referred to in paragraphs (a) and (b) . organism means— an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or a part of, or matter discharged from, an organism within the meaning of paragraph (a) ; or a virus or sub-viral agent. s 3 def organism amd 2017 No. 7 s 96 (4) person includes an organisation. prescribed live organisms ... s 3 def prescribed live organisms om 2017 No. 7 s 96 (1) prescribed organisms — means organisms that are— live organisms; or viruses or sub-viral agents; but does not include live vaccines or resistant cultivars. s 3 def prescribed organisms ins 2017 No. 7 s 96 (2) relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act. State includes the Northern Territory. target application means an application under section 11 . target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18 , 28 , 29 or 32 , that the organisms are target organisms for the purposes of this Act. target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act. Territory does not include the Northern Territory.\n- (a) reduce the number of those organisms; and\n- (b) prevent an increase in the number of those organisms; and\n- (c) reduce the activity or appetite of some or all of those organisms; and\n- (d) modify the behaviour or characteristics of some or all of those organisms.\n- (a) the standing ministerial council established or recognised by the Council of Australian Governments of which its members include Commonwealth and State ministers with portfolio responsibility for primary industries; or\n- (b) if another body is prescribed by regulation—the prescribed body.\n- (a) a body corporate; and\n- (b) an association or other body of persons; and\n- (c) an association that consists of 2 or more organisations referred to in paragraphs (a) and (b) .\n- (a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or\n- (b) a part of, or matter discharged from, an organism within the meaning of paragraph (a) ; or\n- (c) a virus or sub-viral agent.\n- (a) means organisms that are— (i) live organisms; or (ii) viruses or sub-viral agents; but\n- (i) live organisms; or\n- (ii) viruses or sub-viral agents; but\n- (b) does not include live vaccines or resistant cultivars.\n- (i) live organisms; or\n- (ii) viruses or sub-viral agents; but","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"When organisms are taken to cause harm","content":"### sec.3A When organisms are taken to cause harm\n\nFor the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit.\nFor the purposes of this Act, organisms of a particular kind shall be taken to cause harm in Queensland if they cause harm in a part or parts only of Queensland.\ns 3A new s 3A (prev s 3(2)–(3)) renum 1996 No. 59 s 4 (4)\n(sec.3A-ssec.1) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit.\n(sec.3A-ssec.2) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in Queensland if they cause harm in a part or parts only of Queensland.","sortOrder":4},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Council recommendations, decisions and approvals","content":"### sec.3B Council recommendations, decisions and approvals\n\nFor the purposes of this Act—\na recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session; and\na recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; and\nan approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and\nwhere a person is authorised to act as a member of the Council in place of another person the first mentioned person whilst so acting is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.\nA reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act.\ns 3B new s 3B (prev s 3(4)–(5)) renum 1996 No. 59 s 4 (6)\n(sec.3B-ssec.1) For the purposes of this Act— a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session; and a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; and an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and where a person is authorised to act as a member of the Council in place of another person the first mentioned person whilst so acting is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.\n(sec.3B-ssec.2) A reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act.\n- (a) a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session; and\n- (b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; and\n- (c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and\n- (d) where a person is authorised to act as a member of the Council in place of another person the first mentioned person whilst so acting is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.","sortOrder":5},{"sectionNumber":"sec.3C","sectionType":"section","heading":"References to functions","content":"### sec.3C References to functions\n\nIn this Act, a reference to—\na function includes a reference to a power, authority and duty; and\nthe exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\ns 3C new s 3C (prev s 3(6)) renum 1996 No. 59 s 4 (8)\n- (a) a function includes a reference to a power, authority and duty; and\n- (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Biological control","content":"### sec.4 Biological control\n\nFor the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of live organisms of another kind.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relevant laws","content":"### sec.5 Relevant laws\n\nWhere a law of another State or the Commonwealth—\nprovides for the control by biological means of organisms causing harm; and\nestablishes an authority having similar functions to those of the Authority;\nthe Authority may, by notification published in the Gazette, declare that law to be a relevant law for the purposes of this Act.\nA declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.\nA declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1) (a) and (b) .\n(sec.5-ssec.1) Where a law of another State or the Commonwealth— provides for the control by biological means of organisms causing harm; and establishes an authority having similar functions to those of the Authority; the Authority may, by notification published in the Gazette, declare that law to be a relevant law for the purposes of this Act.\n(sec.5-ssec.2) A declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.\n(sec.5-ssec.3) A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1) (a) and (b) .\n- (a) provides for the control by biological means of organisms causing harm; and\n- (b) establishes an authority having similar functions to those of the Authority;","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act to bind Crown","content":"### sec.6 Act to bind Crown\n\nThis Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\nNothing in this Act renders the Crown in right of Queensland or in any other capacity liable to be prosecuted for an offence.\n(sec.6-ssec.1) This Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n(sec.6-ssec.2) Nothing in this Act renders the Crown in right of Queensland or in any other capacity liable to be prosecuted for an offence.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act not limited to agricultural pests","content":"### sec.7 Act not limited to agricultural pests\n\nThe fact that certain functions of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Queensland Biological Control Authority","content":"### sec.8 Queensland Biological Control Authority\n\nFor the purposes of this Act, a Queensland Biological Control Authority is established by this section.\nThe Authority is—\nif only 1 Minister is a member of the Council—that Minister; or\nif 2 or more Ministers are members of the Council—those Ministers acting jointly; or\nif paragraphs (a) and (b) do not apply—the Minister administering this Act.\ns 8 amd 2014 No. 59 s 5\n(sec.8-ssec.1) For the purposes of this Act, a Queensland Biological Control Authority is established by this section.\n(sec.8-ssec.2) The Authority is— if only 1 Minister is a member of the Council—that Minister; or if 2 or more Ministers are members of the Council—those Ministers acting jointly; or if paragraphs (a) and (b) do not apply—the Minister administering this Act.\n- (a) if only 1 Minister is a member of the Council—that Minister; or\n- (b) if 2 or more Ministers are members of the Council—those Ministers acting jointly; or\n- (c) if paragraphs (a) and (b) do not apply—the Minister administering this Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Delegation","content":"### sec.9 Delegation\n\nThe Minister may delegate the Minister’s powers under this Act to—\na Minister who is a member of the Council; or\nan appropriately qualified public service officer.\nThe authority may delegate its powers to—\nan appropriately qualified officer of the department; or\nan appropriately qualified officer of another department if the other department’s Minister consents.\nHowever, the authority may not delegate its powers under section 17 , 18 , 26 to 29 , 31 , 32 , 36 or 51 .\nA power may be subdelegated if the delegation allows the subdelegation of the power.\ns 9 sub 1996 No. 59 s 5\n(sec.9-ssec.1) The Minister may delegate the Minister’s powers under this Act to— a Minister who is a member of the Council; or an appropriately qualified public service officer.\n(sec.9-ssec.2) The authority may delegate its powers to— an appropriately qualified officer of the department; or an appropriately qualified officer of another department if the other department’s Minister consents.\n(sec.9-ssec.3) However, the authority may not delegate its powers under section 17 , 18 , 26 to 29 , 31 , 32 , 36 or 51 .\n(sec.9-ssec.4) A power may be subdelegated if the delegation allows the subdelegation of the power.\n- (a) a Minister who is a member of the Council; or\n- (b) an appropriately qualified public service officer.\n- (a) an appropriately qualified officer of the department; or\n- (b) an appropriately qualified officer of another department if the other department’s Minister consents.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Target organisms","content":"# Target organisms","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Target organisms","content":"### sec.10 Target organisms\n\nSubject to and in accordance with this Part, organisms of a particular kind may be declared to be target organisms for the purposes of this Act.\nAction for the declaration of target organisms in accordance with this Part may be commenced by—\na unanimous recommendation being made to the Authority by the Council; or\nan application being made under section 11 .\n(sec.10-ssec.1) Subject to and in accordance with this Part, organisms of a particular kind may be declared to be target organisms for the purposes of this Act.\n(sec.10-ssec.2) Action for the declaration of target organisms in accordance with this Part may be commenced by— a unanimous recommendation being made to the Authority by the Council; or an application being made under section 11 .\n- (a) a unanimous recommendation being made to the Authority by the Council; or\n- (b) an application being made under section 11 .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Target application","content":"### sec.11 Target application\n\nWhere a person considers that organisms of a particular kind are causing harm in Queensland and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.\nA target application shall be in writing signed—\nin the case of an application by a natural person—by the applicant; or\nin any other case—by a natural person authorised by the applicant to do so.\nA target application in relation to organisms of a particular kind shall set out—\nparticulars identifying the organisms; and\nparticulars of the reasons why the organisms are considered to be causing harm in Queensland; and\nparticulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and\nsuch other particulars (if any) as are prescribed.\n(sec.11-ssec.1) Where a person considers that organisms of a particular kind are causing harm in Queensland and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.\n(sec.11-ssec.2) A target application shall be in writing signed— in the case of an application by a natural person—by the applicant; or in any other case—by a natural person authorised by the applicant to do so.\n(sec.11-ssec.3) A target application in relation to organisms of a particular kind shall set out— particulars identifying the organisms; and particulars of the reasons why the organisms are considered to be causing harm in Queensland; and particulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and such other particulars (if any) as are prescribed.\n- (a) in the case of an application by a natural person—by the applicant; or\n- (b) in any other case—by a natural person authorised by the applicant to do so.\n- (a) particulars identifying the organisms; and\n- (b) particulars of the reasons why the organisms are considered to be causing harm in Queensland; and\n- (c) particulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and\n- (d) such other particulars (if any) as are prescribed.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Withdrawal of target application","content":"### sec.12 Withdrawal of target application\n\nA person who has made a target application may withdraw that application at any time before the application is referred to the Council under section 13 (1) .\nThe withdrawal of a target application shall be effected by the making of a request for withdrawal to the Authority in writing signed—\nin the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or\nin any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.\n(sec.12-ssec.1) A person who has made a target application may withdraw that application at any time before the application is referred to the Council under section 13 (1) .\n(sec.12-ssec.2) The withdrawal of a target application shall be effected by the making of a request for withdrawal to the Authority in writing signed— in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.\n- (a) in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or\n- (b) in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Referral of target application to Council","content":"### sec.13 Referral of target application to Council\n\nSubject to subsection (2) , where a target application is received by the Authority, the Authority shall refer the application to the Council for its consideration.\nThe Authority is not required to refer to the Council a target application in respect of organisms of a particular kind if—\nother action to have them declared to be target organisms is being, or has been, taken under this Act; or\naction to have them declared to be organisms that may be controlled by biological means is being, or has been, taken under a relevant law.\n(sec.13-ssec.1) Subject to subsection (2) , where a target application is received by the Authority, the Authority shall refer the application to the Council for its consideration.\n(sec.13-ssec.2) The Authority is not required to refer to the Council a target application in respect of organisms of a particular kind if— other action to have them declared to be target organisms is being, or has been, taken under this Act; or action to have them declared to be organisms that may be controlled by biological means is being, or has been, taken under a relevant law.\n- (a) other action to have them declared to be target organisms is being, or has been, taken under this Act; or\n- (b) action to have them declared to be organisms that may be controlled by biological means is being, or has been, taken under a relevant law.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Notice of rejection of target application","content":"### sec.14 Notice of rejection of target application\n\nIf the Council, after considering a target application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be target organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the target application and to the persons (if any) who made a later target application in respect of those organisms notice in writing stating that the Council does not recommend that those organisms should be target organisms.\nA notice under subsection (1) shall—\nif reasons have been given by the Council for not recommending that organisms to which the notice relates should be target organisms—set out those reasons; and\nif there are circumstances in which, in the opinion of the Authority, a target application in relation to those organisms might result in a recommendation by the Council that those organisms should be target organisms—specify those circumstances.\n(sec.14-ssec.1) If the Council, after considering a target application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be target organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the target application and to the persons (if any) who made a later target application in respect of those organisms notice in writing stating that the Council does not recommend that those organisms should be target organisms.\n(sec.14-ssec.2) A notice under subsection (1) shall— if reasons have been given by the Council for not recommending that organisms to which the notice relates should be target organisms—set out those reasons; and if there are circumstances in which, in the opinion of the Authority, a target application in relation to those organisms might result in a recommendation by the Council that those organisms should be target organisms—specify those circumstances.\n- (a) if reasons have been given by the Council for not recommending that organisms to which the notice relates should be target organisms—set out those reasons; and\n- (b) if there are circumstances in which, in the opinion of the Authority, a target application in relation to those organisms might result in a recommendation by the Council that those organisms should be target organisms—specify those circumstances.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Notice of proposed target organisms","content":"### sec.15 Notice of proposed target organisms\n\nWhere the Council has unanimously recommended to the Authority that organisms of a particular kind should be target organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as the Authority considers appropriate a notification that the Authority is contemplating declaring those organisms to be target organisms.\nWithout limiting the generality of subsection (1) , a notification under that subsection shall be published in at least 1 newspaper circulating generally in Queensland and in each other State and the Australian Capital Territory.\nA notification under subsection (1) in relation to organisms of a particular kind shall—\nset out particulars identifying the organisms; and\nset out brief particulars of the reasons why the organisms are believed to be causing harm in the State; and\nset out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms; and\nstate that the Council has unanimously recommended that the organisms should be declared to be target organisms; and\nwhere the recommendation of the Council followed a target application in relation to the organisms—inform the public that copies of the target application can be perused at a place specified in the notice; and\ninvite any persons who object to, or support, the organisms being declared to be target organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\nWhere the Authority publishes a notification under subsection (1) in relation to a target application, the Authority shall cause copies of the application to be available for perusal at a place specified in the notice in accordance with subsection (3) (e) .\n(sec.15-ssec.1) Where the Council has unanimously recommended to the Authority that organisms of a particular kind should be target organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as the Authority considers appropriate a notification that the Authority is contemplating declaring those organisms to be target organisms.\n(sec.15-ssec.2) Without limiting the generality of subsection (1) , a notification under that subsection shall be published in at least 1 newspaper circulating generally in Queensland and in each other State and the Australian Capital Territory.\n(sec.15-ssec.3) A notification under subsection (1) in relation to organisms of a particular kind shall— set out particulars identifying the organisms; and set out brief particulars of the reasons why the organisms are believed to be causing harm in the State; and set out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms; and state that the Council has unanimously recommended that the organisms should be declared to be target organisms; and where the recommendation of the Council followed a target application in relation to the organisms—inform the public that copies of the target application can be perused at a place specified in the notice; and invite any persons who object to, or support, the organisms being declared to be target organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\n(sec.15-ssec.4) Where the Authority publishes a notification under subsection (1) in relation to a target application, the Authority shall cause copies of the application to be available for perusal at a place specified in the notice in accordance with subsection (3) (e) .\n- (a) set out particulars identifying the organisms; and\n- (b) set out brief particulars of the reasons why the organisms are believed to be causing harm in the State; and\n- (c) set out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms; and\n- (d) state that the Council has unanimously recommended that the organisms should be declared to be target organisms; and\n- (e) where the recommendation of the Council followed a target application in relation to the organisms—inform the public that copies of the target application can be perused at a place specified in the notice; and\n- (f) invite any persons who object to, or support, the organisms being declared to be target organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Consideration of submissions relating to target organisms","content":"### sec.16 Consideration of submissions relating to target organisms\n\nThe Authority shall consider any submissions in response to an invitation referred to in section 15 (3) (f) .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Inquiries relating to target organisms","content":"### sec.17 Inquiries relating to target organisms\n\nWhere the Authority, after—\ncomplying with sections 15 and 16 in respect of a target recommendation; and\nconsulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and\nconsidering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry conducted on behalf of another State or the Commonwealth); and\nconsidering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant;\nconsiders that there is evidence that a person or the environment would be adversely affected by the control of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such control has not been held, the Authority may—\ndirect that an inquiry under Part 7 be conducted in respect of the recommendation; or\nrequest the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or\narrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or\nrequest the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.\nAction shall not be taken under subsection (1) (e) , (f) , (g) or (h) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1) (b) , has unanimously recommended that the action be taken.\nWhere the Authority takes action under subsection (1) (e) , (f) , (g) or (h) for an inquiry in relation to a target recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.\n(sec.17-ssec.1) Where the Authority, after— complying with sections 15 and 16 in respect of a target recommendation; and consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry conducted on behalf of another State or the Commonwealth); and considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant; considers that there is evidence that a person or the environment would be adversely affected by the control of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such control has not been held, the Authority may— direct that an inquiry under Part 7 be conducted in respect of the recommendation; or request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.\n(sec.17-ssec.2) Action shall not be taken under subsection (1) (e) , (f) , (g) or (h) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1) (b) , has unanimously recommended that the action be taken.\n(sec.17-ssec.3) Where the Authority takes action under subsection (1) (e) , (f) , (g) or (h) for an inquiry in relation to a target recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.\n- (a) complying with sections 15 and 16 in respect of a target recommendation; and\n- (b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and\n- (c) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry conducted on behalf of another State or the Commonwealth); and\n- (d) considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant;\n- (e) direct that an inquiry under Part 7 be conducted in respect of the recommendation; or\n- (f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or\n- (g) arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or\n- (h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Declaration of target organisms","content":"### sec.18 Declaration of target organisms\n\nWhere the Authority, after—\ncomplying with the preceding provisions of this Part in relation to a target recommendation; and\nconsidering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and\nconsulting the Council regarding the appropriateness of action under this section in respect of that recommendation;\nis satisfied—\nthat organisms of the kind to which the recommendation relates are causing harm in Queensland; and\nthat organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and\nthat—\nthe control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or\nany harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia;\nthe Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare organisms of that kind to be target organisms for the purposes of this Act.\nThe Authority shall not make a declaration under subsection (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1) (c) , has unanimously recommended that the declaration be made.\n(sec.18-ssec.1) Where the Authority, after— complying with the preceding provisions of this Part in relation to a target recommendation; and considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; is satisfied— that organisms of the kind to which the recommendation relates are causing harm in Queensland; and that organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and that— the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia; the Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare organisms of that kind to be target organisms for the purposes of this Act.\n(sec.18-ssec.2) The Authority shall not make a declaration under subsection (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1) (c) , has unanimously recommended that the declaration be made.\n- (a) complying with the preceding provisions of this Part in relation to a target recommendation; and\n- (b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and\n- (c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;\n- (d) that organisms of the kind to which the recommendation relates are causing harm in Queensland; and\n- (e) that organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and\n- (f) that— (i) the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or (ii) any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia;\n- (i) the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or\n- (ii) any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia;\n- (i) the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or\n- (ii) any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia;","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Agent organisms","content":"# Agent organisms","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Agent organisms","content":"### sec.19 Agent organisms\n\nSubject to and in accordance with this Part, prescribed organisms of a particular kind may be declared to be agent organisms for the purposes of this Act.\nAction for the declaration of agent organisms in accordance with this Part may be commenced by—\na unanimous recommendation being made to the Authority by the Council; or\nan application being made under section 20 .\ns 19 amd 2017 No. 7 s 97\n(sec.19-ssec.1) Subject to and in accordance with this Part, prescribed organisms of a particular kind may be declared to be agent organisms for the purposes of this Act.\n(sec.19-ssec.2) Action for the declaration of agent organisms in accordance with this Part may be commenced by— a unanimous recommendation being made to the Authority by the Council; or an application being made under section 20 .\n- (a) a unanimous recommendation being made to the Authority by the Council; or\n- (b) an application being made under section 20 .","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Agent application","content":"### sec.20 Agent application\n\nWhere a person considers that the release of prescribed organisms of a particular kind would result in the control of—\ntarget organisms of a particular kind or kinds; or\norganisms to which a target recommendation applies or target recommendations apply;\n(whether or not the organisms referred to in paragraph (a) or (b) can be controlled by existing agent organisms) the person may make an application to the Authority for a declaration that the first mentioned organisms are agent organisms for the purposes of this Act.\nAn agent application shall be in writing signed—\nin the case of an application by a natural person—by the applicant; or\nin any other case—by a natural person authorised by the applicant to do so.\nAn agent application in relation to organisms of a particular kind shall set out—\nparticulars identifying the organisms; and\nparticulars of the possible ways in which the applicant considers that the release of the organisms could control the relevant population of target organisms; and\nsuch other particulars (if any) as are prescribed.\ns 20 amd 2017 No. 7 s 97\n(sec.20-ssec.1) Where a person considers that the release of prescribed organisms of a particular kind would result in the control of— target organisms of a particular kind or kinds; or organisms to which a target recommendation applies or target recommendations apply; (whether or not the organisms referred to in paragraph (a) or (b) can be controlled by existing agent organisms) the person may make an application to the Authority for a declaration that the first mentioned organisms are agent organisms for the purposes of this Act.\n(sec.20-ssec.2) An agent application shall be in writing signed— in the case of an application by a natural person—by the applicant; or in any other case—by a natural person authorised by the applicant to do so.\n(sec.20-ssec.3) An agent application in relation to organisms of a particular kind shall set out— particulars identifying the organisms; and particulars of the possible ways in which the applicant considers that the release of the organisms could control the relevant population of target organisms; and such other particulars (if any) as are prescribed.\n- (a) target organisms of a particular kind or kinds; or\n- (b) organisms to which a target recommendation applies or target recommendations apply;\n- (a) in the case of an application by a natural person—by the applicant; or\n- (b) in any other case—by a natural person authorised by the applicant to do so.\n- (a) particulars identifying the organisms; and\n- (b) particulars of the possible ways in which the applicant considers that the release of the organisms could control the relevant population of target organisms; and\n- (c) such other particulars (if any) as are prescribed.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Withdrawal of agent application","content":"### sec.21 Withdrawal of agent application\n\nA person who has made an agent application may withdraw that application at any time before the application is referred to the Council under section 22 (1) .\nThe withdrawal of an agent application shall be effected by the making of a request for withdrawal to the Authority in writing signed—\nin the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or\nin any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.\n(sec.21-ssec.1) A person who has made an agent application may withdraw that application at any time before the application is referred to the Council under section 22 (1) .\n(sec.21-ssec.2) The withdrawal of an agent application shall be effected by the making of a request for withdrawal to the Authority in writing signed— in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.\n- (a) in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or\n- (b) in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Referral of agent application to Council","content":"### sec.22 Referral of agent application to Council\n\nSubject to subsection (2) , where an agent application is received by the Authority, the Authority shall refer the application to the Council for its consideration.\nThe Authority is not required to refer to the Council an agent application in respect of organisms of a particular kind if—\nother action to have them declared to be agent organisms is being, or has been, taken under this Act; or\naction to have them declared to be organisms that may be released to control the population of other organisms is being, or has been, taken under a relevant law.\n(sec.22-ssec.1) Subject to subsection (2) , where an agent application is received by the Authority, the Authority shall refer the application to the Council for its consideration.\n(sec.22-ssec.2) The Authority is not required to refer to the Council an agent application in respect of organisms of a particular kind if— other action to have them declared to be agent organisms is being, or has been, taken under this Act; or action to have them declared to be organisms that may be released to control the population of other organisms is being, or has been, taken under a relevant law.\n- (a) other action to have them declared to be agent organisms is being, or has been, taken under this Act; or\n- (b) action to have them declared to be organisms that may be released to control the population of other organisms is being, or has been, taken under a relevant law.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Notice of rejection of agent application","content":"### sec.23 Notice of rejection of agent application\n\nIf the Council, after considering an agent application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be agent organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the agent application and to the persons (if any) who made a later agent application in respect of those organisms notice in writing that the Council does not recommend that those organisms should be agent organisms.\nA notice under subsection (1) shall—\nif reasons have been given by the Council for not recommending that organisms to which the notice relates should be agent organisms—set out those reasons; and\nif there are circumstances in which, in the opinion of the Authority, an agent application in relation to those organisms might result in a recommendation by the Council that those organisms should be agent organisms—specify those circumstances.\n(sec.23-ssec.1) If the Council, after considering an agent application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be agent organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the agent application and to the persons (if any) who made a later agent application in respect of those organisms notice in writing that the Council does not recommend that those organisms should be agent organisms.\n(sec.23-ssec.2) A notice under subsection (1) shall— if reasons have been given by the Council for not recommending that organisms to which the notice relates should be agent organisms—set out those reasons; and if there are circumstances in which, in the opinion of the Authority, an agent application in relation to those organisms might result in a recommendation by the Council that those organisms should be agent organisms—specify those circumstances.\n- (a) if reasons have been given by the Council for not recommending that organisms to which the notice relates should be agent organisms—set out those reasons; and\n- (b) if there are circumstances in which, in the opinion of the Authority, an agent application in relation to those organisms might result in a recommendation by the Council that those organisms should be agent organisms—specify those circumstances.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Notice of proposed agent organisms","content":"### sec.24 Notice of proposed agent organisms\n\nWhere the Council has unanimously recommended to the Authority that prescribed organisms of a particular kind should be agent organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), and may publish in such newspapers or journals as the Authority thinks appropriate, a notification that the Authority is contemplating declaring those organisms to be agent organisms.\nA notification under subsection (1) in relation to organisms of a particular kind (the relevant organisms ) shall—\nset out particulars identifying the relevant organisms; and\nspecify the organisms which it is intended to control by the release of the relevant organisms; and\nset out brief particulars of the manner in which the relevant organisms would control the organisms specified in the notice in accordance with paragraph (b) ; and\nstate that the Council has unanimously recommended that the relevant organisms should be declared to be agent organisms; and\nwhere the recommendation of the Council followed an agent application in relation to the organisms—inform the public that copies of the agent application can be perused at a place specified in the notice; and\ninvite any persons who object to, or support, the relevant organisms being declared to be agent organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\nWhere the Authority publishes a notification under subsection (1) in relation to an agent application, the Authority shall cause copies of the application to be available for perusal at the place specified in the notice in accordance with subsection (2) (e) .\nWhere the Council has recommended to the Authority that 2 or more kinds of organisms should be agent organisms for the purpose of the control of the same population of particular organisms, a notification under subsection (1) relating to 1 of those kinds may be combined with a notice under that subsection relating to the other kind or kinds.\ns 24 amd 2017 No. 7 s 97\n(sec.24-ssec.1) Where the Council has unanimously recommended to the Authority that prescribed organisms of a particular kind should be agent organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), and may publish in such newspapers or journals as the Authority thinks appropriate, a notification that the Authority is contemplating declaring those organisms to be agent organisms.\n(sec.24-ssec.2) A notification under subsection (1) in relation to organisms of a particular kind (the relevant organisms ) shall— set out particulars identifying the relevant organisms; and specify the organisms which it is intended to control by the release of the relevant organisms; and set out brief particulars of the manner in which the relevant organisms would control the organisms specified in the notice in accordance with paragraph (b) ; and state that the Council has unanimously recommended that the relevant organisms should be declared to be agent organisms; and where the recommendation of the Council followed an agent application in relation to the organisms—inform the public that copies of the agent application can be perused at a place specified in the notice; and invite any persons who object to, or support, the relevant organisms being declared to be agent organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\n(sec.24-ssec.3) Where the Authority publishes a notification under subsection (1) in relation to an agent application, the Authority shall cause copies of the application to be available for perusal at the place specified in the notice in accordance with subsection (2) (e) .\n(sec.24-ssec.4) Where the Council has recommended to the Authority that 2 or more kinds of organisms should be agent organisms for the purpose of the control of the same population of particular organisms, a notification under subsection (1) relating to 1 of those kinds may be combined with a notice under that subsection relating to the other kind or kinds.\n- (a) set out particulars identifying the relevant organisms; and\n- (b) specify the organisms which it is intended to control by the release of the relevant organisms; and\n- (c) set out brief particulars of the manner in which the relevant organisms would control the organisms specified in the notice in accordance with paragraph (b) ; and\n- (d) state that the Council has unanimously recommended that the relevant organisms should be declared to be agent organisms; and\n- (e) where the recommendation of the Council followed an agent application in relation to the organisms—inform the public that copies of the agent application can be perused at a place specified in the notice; and\n- (f) invite any persons who object to, or support, the relevant organisms being declared to be agent organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Consideration of submissions relating to agent organisms","content":"### sec.25 Consideration of submissions relating to agent organisms\n\nThe Authority shall consider any submissions in response to an invitation referred to in section 24 (2) (f) .","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Inquiries relating to agent organisms","content":"### sec.26 Inquiries relating to agent organisms\n\nWhere the Authority, after—\ncomplying with sections 24 and 25 in respect of an agent recommendation; and\nconsulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and\nconsidering the nature of, the proceedings in, and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry under Part 7 in respect of a target recommendation or an inquiry conducted on behalf of another State or the Commonwealth); and\nconsidering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant;\nconsiders that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such a release has not been held, the Authority may—\ndirect that an inquiry under Part 7 be conducted in respect of the recommendation; or\nrequest the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or\narrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or\nrequest the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.\nAction shall not be taken under subsection (1) (e) , (f) , (g) or (h) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (b) , has unanimously recommended that the action be taken.\nAn inquiry by virtue of subsection (1) in respect of an agent recommendation that recommends that organisms of a particular kind should be declared to be agent organisms if organisms to which a target recommendation applies are declared to be target organisms and an inquiry by virtue of section 17 (1) in respect of the target recommendation may be conducted as if they were one inquiry.\nWhere the Authority takes action under subsection (1) (e) , (f) , (g) or (h) for an inquiry in relation to an agent recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.\n(sec.26-ssec.1) Where the Authority, after— complying with sections 24 and 25 in respect of an agent recommendation; and consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and considering the nature of, the proceedings in, and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry under Part 7 in respect of a target recommendation or an inquiry conducted on behalf of another State or the Commonwealth); and considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant; considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such a release has not been held, the Authority may— direct that an inquiry under Part 7 be conducted in respect of the recommendation; or request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.\n(sec.26-ssec.2) Action shall not be taken under subsection (1) (e) , (f) , (g) or (h) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (b) , has unanimously recommended that the action be taken.\n(sec.26-ssec.3) An inquiry by virtue of subsection (1) in respect of an agent recommendation that recommends that organisms of a particular kind should be declared to be agent organisms if organisms to which a target recommendation applies are declared to be target organisms and an inquiry by virtue of section 17 (1) in respect of the target recommendation may be conducted as if they were one inquiry.\n(sec.26-ssec.4) Where the Authority takes action under subsection (1) (e) , (f) , (g) or (h) for an inquiry in relation to an agent recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.\n- (a) complying with sections 24 and 25 in respect of an agent recommendation; and\n- (b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and\n- (c) considering the nature of, the proceedings in, and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry under Part 7 in respect of a target recommendation or an inquiry conducted on behalf of another State or the Commonwealth); and\n- (d) considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant;\n- (e) direct that an inquiry under Part 7 be conducted in respect of the recommendation; or\n- (f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the recommendation to the Industry Commission for inquiry and report; or\n- (g) arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or\n- (h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Declaration of agent organisms","content":"### sec.27 Declaration of agent organisms\n\nWhere the Authority, after—\ncomplying with the preceding provisions of this Part in relation to an agent recommendation; and\nconsidering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and\nconsulting the Council regarding the appropriateness of action under this section in respect of that recommendation;\nis satisfied—\nthat the release of organisms of the kind to which the recommendation relates (the relevant organisms ) could result in the control of target organisms of a particular kind or kinds in the State;\nthat—\nthe release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or\nany harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than—\nthe harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and\nwhere target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\nthe Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare the relevant organisms to be agent organisms for the purposes of this Act.\nThe Authority shall not make a declaration under subsection (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (c) , has unanimously recommended that the declaration be made.\nA notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which those organisms may be released, which conditions may be or include—\nconditions specifying the persons who may release those organisms; or\nconditions specifying the circumstances in which those organisms may be released.\n(sec.27-ssec.1) Where the Authority, after— complying with the preceding provisions of this Part in relation to an agent recommendation; and considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; is satisfied— that the release of organisms of the kind to which the recommendation relates (the relevant organisms ) could result in the control of target organisms of a particular kind or kinds in the State; that— the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than— the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means; the Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare the relevant organisms to be agent organisms for the purposes of this Act.\n(sec.27-ssec.2) The Authority shall not make a declaration under subsection (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1) (c) , has unanimously recommended that the declaration be made.\n(sec.27-ssec.3) A notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which those organisms may be released, which conditions may be or include— conditions specifying the persons who may release those organisms; or conditions specifying the circumstances in which those organisms may be released.\n- (a) complying with the preceding provisions of this Part in relation to an agent recommendation; and\n- (b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and\n- (c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;\n- (d) that the release of organisms of the kind to which the recommendation relates (the relevant organisms ) could result in the control of target organisms of a particular kind or kinds in the State;\n- (e) that— (i) the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or (ii) any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than— (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (i) the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or\n- (ii) any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than— (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and\n- (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (i) the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or\n- (ii) any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than— (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and\n- (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and\n- (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means;\n- (a) conditions specifying the persons who may release those organisms; or\n- (b) conditions specifying the circumstances in which those organisms may be released.","sortOrder":32},{"sectionNumber":"pt.4","sectionType":"part","heading":"Special declarations of target organisms and agent organisms","content":"# Special declarations of target organisms and agent organisms","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Emergency declarations","content":"### sec.28 Emergency declarations\n\nIf the Authority is satisfied—\nthat an emergency exists because organisms of a particular kind (whether or not they are target organisms)—\nare having, or are likely to have, a serious effect on the health of humans, animals or plants in Queensland; or\nare causing, or are likely to cause, harm in Queensland so as to result in significant damage to the economy; or\nare causing, or are likely to cause, significant damage to the environment in Queensland; and\nthat the release of prescribed organisms that are not agent organisms would control the first mentioned organisms; and\nthe release of the organisms of the second mentioned kind would not have any significant adverse effects;\nthe Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare—\nwhere the organisms of the first mentioned kind are not target organisms, the organisms of the first mentioned kind to be target organisms for the purposes of this Act; and\norganisms of the second mentioned kind to be agent organisms for the purposes of this Act.\nThe Authority shall not make a declaration under subsection (1) in respect of an organism unless—\nthe Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\nthe Council has unanimously recommended that the declaration be made.\nA notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include—\nconditions specifying the persons who may release those organisms; or\nconditions specifying the circumstances in which those organisms may be released.\ns 28 amd 2017 No. 7 s 97\n(sec.28-ssec.1) If the Authority is satisfied— that an emergency exists because organisms of a particular kind (whether or not they are target organisms)— are having, or are likely to have, a serious effect on the health of humans, animals or plants in Queensland; or are causing, or are likely to cause, harm in Queensland so as to result in significant damage to the economy; or are causing, or are likely to cause, significant damage to the environment in Queensland; and that the release of prescribed organisms that are not agent organisms would control the first mentioned organisms; and the release of the organisms of the second mentioned kind would not have any significant adverse effects; the Authority, subject to subsection (2) , shall, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare— where the organisms of the first mentioned kind are not target organisms, the organisms of the first mentioned kind to be target organisms for the purposes of this Act; and organisms of the second mentioned kind to be agent organisms for the purposes of this Act.\n(sec.28-ssec.2) The Authority shall not make a declaration under subsection (1) in respect of an organism unless— the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and the Council has unanimously recommended that the declaration be made.\n(sec.28-ssec.3) A notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include— conditions specifying the persons who may release those organisms; or conditions specifying the circumstances in which those organisms may be released.\n- (a) that an emergency exists because organisms of a particular kind (whether or not they are target organisms)— (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in Queensland; or (ii) are causing, or are likely to cause, harm in Queensland so as to result in significant damage to the economy; or (iii) are causing, or are likely to cause, significant damage to the environment in Queensland; and\n- (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in Queensland; or\n- (ii) are causing, or are likely to cause, harm in Queensland so as to result in significant damage to the economy; or\n- (iii) are causing, or are likely to cause, significant damage to the environment in Queensland; and\n- (b) that the release of prescribed organisms that are not agent organisms would control the first mentioned organisms; and\n- (c) the release of the organisms of the second mentioned kind would not have any significant adverse effects;\n- (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in Queensland; or\n- (ii) are causing, or are likely to cause, harm in Queensland so as to result in significant damage to the economy; or\n- (iii) are causing, or are likely to cause, significant damage to the environment in Queensland; and\n- (d) where the organisms of the first mentioned kind are not target organisms, the organisms of the first mentioned kind to be target organisms for the purposes of this Act; and\n- (e) organisms of the second mentioned kind to be agent organisms for the purposes of this Act.\n- (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\n- (b) the Council has unanimously recommended that the declaration be made.\n- (a) conditions specifying the persons who may release those organisms; or\n- (b) conditions specifying the circumstances in which those organisms may be released.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Declarations of existing released organisms","content":"### sec.29 Declarations of existing released organisms\n\nIf the Authority is satisfied that—\nbefore the commencement of this Act, prescribed organisms of a particular kind were released in Queensland for the purpose of the control, by biological means, of organisms of another kind in Queensland; and\nif this Act had been in force before the release of the first mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second mentioned kind being declared to be target organisms and the organisms of the first mentioned kind being declared to be agent organisms;\nthe Authority, subject to subsection (2) , may, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare—\norganisms of the second mentioned kind to be target organisms for the purposes of this Act; and\norganisms of the first mentioned kind to be agent organisms for the purposes of this Act.\nThe Authority shall not make a declaration under subsection (1) in respect of an organism unless—\nthe Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\nthe Council has unanimously recommended that the declaration be made.\nA notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include—\nconditions specifying the persons who may release those organisms; or\nconditions specifying the circumstances in which those organisms may be released.\ns 29 amd 2017 No. 7 s 97\n(sec.29-ssec.1) If the Authority is satisfied that— before the commencement of this Act, prescribed organisms of a particular kind were released in Queensland for the purpose of the control, by biological means, of organisms of another kind in Queensland; and if this Act had been in force before the release of the first mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second mentioned kind being declared to be target organisms and the organisms of the first mentioned kind being declared to be agent organisms; the Authority, subject to subsection (2) , may, by notification published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare— organisms of the second mentioned kind to be target organisms for the purposes of this Act; and organisms of the first mentioned kind to be agent organisms for the purposes of this Act.\n(sec.29-ssec.2) The Authority shall not make a declaration under subsection (1) in respect of an organism unless— the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and the Council has unanimously recommended that the declaration be made.\n(sec.29-ssec.3) A notification under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include— conditions specifying the persons who may release those organisms; or conditions specifying the circumstances in which those organisms may be released. s 29 amd 2017 No. 7 s 97\n- (a) before the commencement of this Act, prescribed organisms of a particular kind were released in Queensland for the purpose of the control, by biological means, of organisms of another kind in Queensland; and\n- (b) if this Act had been in force before the release of the first mentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the second mentioned kind being declared to be target organisms and the organisms of the first mentioned kind being declared to be agent organisms;\n- (c) organisms of the second mentioned kind to be target organisms for the purposes of this Act; and\n- (d) organisms of the first mentioned kind to be agent organisms for the purposes of this Act.\n- (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\n- (b) the Council has unanimously recommended that the declaration be made.\n- (a) conditions specifying the persons who may release those organisms; or\n- (b) conditions specifying the circumstances in which those organisms may be released.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice of proposed declaration under s 29","content":"### sec.30 Notice of proposed declaration under s 29\n\nWhere the Authority is contemplating making a declaration under section 29 , the Authority, subject to subsection (2) , may publish in the Gazette and in such newspapers or journals as the Authority considers appropriate a notification that the Authority is contemplating making that declaration.\nThe Authority shall not publish a notification under subsection (1) in respect of an organism unless—\nthe Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\nthe Council has unanimously recommended that the notice be published.\nA notification under subsection (1) shall—\nset out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms; and\nset out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms; and\nidentify the occasions known to the Authority on which the organisms referred to in paragraph (b) were released; and\ninvite any persons who object to, or support, the declaration being made to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\nWhere the Authority publishes a notification under subsection (1) in relation to a contemplated declaration, the Authority shall not make the declaration unless and until the Authority has considered any submissions in response to an invitation referred to in subsection (3) (d) in relation to the declaration.\n(sec.30-ssec.1) Where the Authority is contemplating making a declaration under section 29 , the Authority, subject to subsection (2) , may publish in the Gazette and in such newspapers or journals as the Authority considers appropriate a notification that the Authority is contemplating making that declaration.\n(sec.30-ssec.2) The Authority shall not publish a notification under subsection (1) in respect of an organism unless— the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and the Council has unanimously recommended that the notice be published.\n(sec.30-ssec.3) A notification under subsection (1) shall— set out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms; and set out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms; and identify the occasions known to the Authority on which the organisms referred to in paragraph (b) were released; and invite any persons who object to, or support, the declaration being made to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.\n(sec.30-ssec.4) Where the Authority publishes a notification under subsection (1) in relation to a contemplated declaration, the Authority shall not make the declaration unless and until the Authority has considered any submissions in response to an invitation referred to in subsection (3) (d) in relation to the declaration.\n- (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and\n- (b) the Council has unanimously recommended that the notice be published.\n- (a) set out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms; and\n- (b) set out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms; and\n- (c) identify the occasions known to the Authority on which the organisms referred to in paragraph (b) were released; and\n- (d) invite any persons who object to, or support, the declaration being made to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Inquiries relating to declarations under s 29","content":"### sec.31 Inquiries relating to declarations under s 29\n\nWhere the Authority—\nis contemplating making a declaration under section 29 ; and\nafter—\nconsulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and\nconsidering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and\nconsidering any reports made by any person or authority competent to do so that the Authority considers relevant;\nconsiders that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the declaration would relate but an adequate investigation or inquiry into the effect of such a release has not been held;\nthe Authority may—\ndirect that an inquiry under Part 7 be conducted in respect of the contemplated declaration; or\nrequest the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the contemplated declaration to the Industry Commission for inquiry and report; or\narrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration; or\nrequest the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration.\nAction shall not be taken under subsection (1) (c) , (d) , (e) or (f) in respect of a contemplated declaration unless the Council, upon being consulted in accordance with subsection (1) (b) (i) , has unanimously recommended that the action be taken.\nWhere the Authority takes action under subsection (1) (c) , (d) , (e) or (f) for an inquiry in respect of a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered the report made as the result of the inquiry.\n(sec.31-ssec.1) Where the Authority— is contemplating making a declaration under section 29 ; and after— consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and considering any reports made by any person or authority competent to do so that the Authority considers relevant; considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the declaration would relate but an adequate investigation or inquiry into the effect of such a release has not been held; the Authority may— direct that an inquiry under Part 7 be conducted in respect of the contemplated declaration; or request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the contemplated declaration to the Industry Commission for inquiry and report; or arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration; or request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration.\n(sec.31-ssec.2) Action shall not be taken under subsection (1) (c) , (d) , (e) or (f) in respect of a contemplated declaration unless the Council, upon being consulted in accordance with subsection (1) (b) (i) , has unanimously recommended that the action be taken.\n(sec.31-ssec.3) Where the Authority takes action under subsection (1) (c) , (d) , (e) or (f) for an inquiry in respect of a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered the report made as the result of the inquiry.\n- (a) is contemplating making a declaration under section 29 ; and\n- (b) after— (i) consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and (ii) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and (iii) considering any reports made by any person or authority competent to do so that the Authority considers relevant; considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the declaration would relate but an adequate investigation or inquiry into the effect of such a release has not been held;\n- (i) consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and\n- (ii) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and\n- (iii) considering any reports made by any person or authority competent to do so that the Authority considers relevant;\n- (i) consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and\n- (ii) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and\n- (iii) considering any reports made by any person or authority competent to do so that the Authority considers relevant;\n- (c) direct that an inquiry under Part 7 be conducted in respect of the contemplated declaration; or\n- (d) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1990 (Cwlth) to refer the contemplated declaration to the Industry Commission for inquiry and report; or\n- (e) arrange for a Minister who administers any Queensland legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration; or\n- (f) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Declaration of organisms declared under a relevant law","content":"### sec.32 Declaration of organisms declared under a relevant law\n\nWhere organisms of a particular kind are organisms that for the purposes of a relevant law may be controlled by biological means, the Authority may, by notification published in the Gazette, declare those organisms to be target organisms for the purposes of this Act.\nWhere—\nprescribed organisms of a particular kind are organisms that for the purposes of a relevant law may be released to control other organisms; and\nthose other organisms are target organisms;\nthe Authority shall, by notification published in the Gazette, declare those first mentioned organisms to be agent organisms for the purposes of this Act.\nA notification under subsection (2) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include—\nconditions specifying the persons who may release those organisms; or\nconditions specifying the circumstances in which those organisms may be released.\ns 32 amd 2017 No. 7 s 97\n(sec.32-ssec.1) Where organisms of a particular kind are organisms that for the purposes of a relevant law may be controlled by biological means, the Authority may, by notification published in the Gazette, declare those organisms to be target organisms for the purposes of this Act.\n(sec.32-ssec.2) Where— prescribed organisms of a particular kind are organisms that for the purposes of a relevant law may be released to control other organisms; and those other organisms are target organisms; the Authority shall, by notification published in the Gazette, declare those first mentioned organisms to be agent organisms for the purposes of this Act.\n(sec.32-ssec.3) A notification under subsection (2) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include— conditions specifying the persons who may release those organisms; or conditions specifying the circumstances in which those organisms may be released.\n- (a) prescribed organisms of a particular kind are organisms that for the purposes of a relevant law may be released to control other organisms; and\n- (b) those other organisms are target organisms;\n- (a) conditions specifying the persons who may release those organisms; or\n- (b) conditions specifying the circumstances in which those organisms may be released.","sortOrder":38},{"sectionNumber":"pt.5","sectionType":"part","heading":"Release of agent organisms","content":"# Release of agent organisms","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Release of agent organisms","content":"### sec.33 Release of agent organisms\n\nSubject to subsection (2) , agent organisms may be released in Queensland.\nWhere a notice under section 27 , 28 , 29 or 32 declaring organisms to be agent organisms specifies conditions under which the organisms may be released, those organisms shall not be released otherwise than in accordance with those conditions.\n(sec.33-ssec.1) Subject to subsection (2) , agent organisms may be released in Queensland.\n(sec.33-ssec.2) Where a notice under section 27 , 28 , 29 or 32 declaring organisms to be agent organisms specifies conditions under which the organisms may be released, those organisms shall not be released otherwise than in accordance with those conditions.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"No legal proceedings to be instituted in respect of release of agent organisms in the State","content":"### sec.34 No legal proceedings to be instituted in respect of release of agent organisms in the State\n\nSubject to subsection (3) , no action or other proceeding shall be instituted or continued in any court—\nto prevent the release of agent organisms in accordance with section 33 ; or\nto recover damages in respect of any loss incurred, or any damage suffered, in Queensland, any other State or a Territory by reason of the release of agent organisms in accordance with that section.\nIf, at the time at which organisms of a particular kind were declared under section 27 , 28 , 29 or 32 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from—\nreleasing organisms of that kind in Queensland in accordance with section 33 ; or\ndoing anything to assist or further the release of organisms of that kind in Queensland in accordance with section 33 .\nNothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 33 where—\nthe loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and\nat the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and\nin making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.\n(sec.34-ssec.1) Subject to subsection (3) , no action or other proceeding shall be instituted or continued in any court— to prevent the release of agent organisms in accordance with section 33 ; or to recover damages in respect of any loss incurred, or any damage suffered, in Queensland, any other State or a Territory by reason of the release of agent organisms in accordance with that section.\n(sec.34-ssec.2) If, at the time at which organisms of a particular kind were declared under section 27 , 28 , 29 or 32 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from— releasing organisms of that kind in Queensland in accordance with section 33 ; or doing anything to assist or further the release of organisms of that kind in Queensland in accordance with section 33 .\n(sec.34-ssec.3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 33 where— the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and in making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.\n- (a) to prevent the release of agent organisms in accordance with section 33 ; or\n- (b) to recover damages in respect of any loss incurred, or any damage suffered, in Queensland, any other State or a Territory by reason of the release of agent organisms in accordance with that section.\n- (a) releasing organisms of that kind in Queensland in accordance with section 33 ; or\n- (b) doing anything to assist or further the release of organisms of that kind in Queensland in accordance with section 33 .\n- (a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and\n- (b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and\n- (c) in making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.","sortOrder":41},{"sectionNumber":"pt.6","sectionType":"part","heading":"Biological control under laws of another State or the Commonwealth","content":"# Biological control under laws of another State or the Commonwealth","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"No legal proceedings to be instituted in respect of release of agent organisms under a relevant law","content":"### sec.35 No legal proceedings to be instituted in respect of release of agent organisms under a relevant law\n\nSubject to subsection (4) , no action or other proceeding shall be instituted or continued in any court to recover damages in respect of any loss incurred, or any damage suffered, in Queensland by reason of the release of organisms in accordance with a relevant law.\nSubject to subsection (4) , no action or other proceeding shall be instituted or continued in any court—\nto prevent the release of organisms in accordance with a relevant law; or\nto recover damages in respect of any loss incurred, or any damage suffered, in another State or a Territory by reason of the release of organisms in accordance with a relevant law.\nIf, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant law, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to restrict a person from—\nreleasing organisms of that kind in accordance with that law; or\ndoing anything to assist or further the release of organisms of that kind in accordance with that law.\nNothing in subsection (1) or (2) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of organisms of a particular kind in accordance with a relevant law where—\nthe loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and\nat the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and\nin making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant law, the authority established by that law did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.\ns 35 amd 2017 No. 7 s 97\n(sec.35-ssec.1) Subject to subsection (4) , no action or other proceeding shall be instituted or continued in any court to recover damages in respect of any loss incurred, or any damage suffered, in Queensland by reason of the release of organisms in accordance with a relevant law.\n(sec.35-ssec.2) Subject to subsection (4) , no action or other proceeding shall be instituted or continued in any court— to prevent the release of organisms in accordance with a relevant law; or to recover damages in respect of any loss incurred, or any damage suffered, in another State or a Territory by reason of the release of organisms in accordance with a relevant law.\n(sec.35-ssec.3) If, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant law, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to restrict a person from— releasing organisms of that kind in accordance with that law; or doing anything to assist or further the release of organisms of that kind in accordance with that law.\n(sec.35-ssec.4) Nothing in subsection (1) or (2) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of organisms of a particular kind in accordance with a relevant law where— the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and in making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant law, the authority established by that law did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.\n- (a) to prevent the release of organisms in accordance with a relevant law; or\n- (b) to recover damages in respect of any loss incurred, or any damage suffered, in another State or a Territory by reason of the release of organisms in accordance with a relevant law.\n- (a) releasing organisms of that kind in accordance with that law; or\n- (b) doing anything to assist or further the release of organisms of that kind in accordance with that law.\n- (a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and\n- (b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and\n- (c) in making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant law, the authority established by that law did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect.","sortOrder":43},{"sectionNumber":"pt.7","sectionType":"part","heading":"Inquiries","content":"# Inquiries","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Commissions of inquiry","content":"### sec.36 Commissions of inquiry\n\nWhere, in accordance with section 17 (1) (e) , 26 (1) (e) or 31 (1) (c) , the Authority directs that an inquiry be conducted under this Part, the Authority shall, after consulting the Council and having regard to any unanimous recommendation made by the Council, appoint a commissioner or commissioners to be a commission to conduct that inquiry and may appoint a person or persons to advise the commission.\nWhere there is more than 1 commissioner, the Authority shall appoint 1 of the commissioners to preside at the inquiry.\nA commission established to conduct an inquiry shall inquire into—\nsuch matters as it considers necessary to ascertain, from the broad community viewpoint, the overall benefits and disadvantages of declaring organisms of the kind to which the inquiry relates to be target organisms or agent organisms, as the case requires; and\nsuch relevant matters unanimously approved by the Council as the Authority, by notice in writing given to the commissioner or to the commissioner presiding at the inquiry, as the case requires, directs, which may be or include the following matter, namely, whether assistance should be given to any persons if a declaration is made in respect of those organisms; and\nany other relevant matters that the commission considers it should inquire into.\nThe commission shall report its findings and recommendations to the Authority and shall, after so reporting but subject to subsection (6) , make public those findings and recommendations.\nWhen the Authority appoints a commissioner or commissioners to be a commission, the Authority may nominate a day on which the commission is to report its findings and recommendations to the Authority and, where the Authority nominates a day, the commission shall report its findings and recommendations to the Authority on or before that day or such later day as the Authority (before the nominated day) allows.\nThe commission shall not make public any evidence or matters in respect of which directions have been given under section 39 (2) (b) or matters the publication of which is not allowed under section 39 (6) .\nSubject to this Act, a commission is not subject to directions by the Authority, or otherwise by or on behalf of the Government, in or in relation to the conduct of an inquiry.\n(sec.36-ssec.1) Where, in accordance with section 17 (1) (e) , 26 (1) (e) or 31 (1) (c) , the Authority directs that an inquiry be conducted under this Part, the Authority shall, after consulting the Council and having regard to any unanimous recommendation made by the Council, appoint a commissioner or commissioners to be a commission to conduct that inquiry and may appoint a person or persons to advise the commission.\n(sec.36-ssec.2) Where there is more than 1 commissioner, the Authority shall appoint 1 of the commissioners to preside at the inquiry.\n(sec.36-ssec.3) A commission established to conduct an inquiry shall inquire into— such matters as it considers necessary to ascertain, from the broad community viewpoint, the overall benefits and disadvantages of declaring organisms of the kind to which the inquiry relates to be target organisms or agent organisms, as the case requires; and such relevant matters unanimously approved by the Council as the Authority, by notice in writing given to the commissioner or to the commissioner presiding at the inquiry, as the case requires, directs, which may be or include the following matter, namely, whether assistance should be given to any persons if a declaration is made in respect of those organisms; and any other relevant matters that the commission considers it should inquire into.\n(sec.36-ssec.4) The commission shall report its findings and recommendations to the Authority and shall, after so reporting but subject to subsection (6) , make public those findings and recommendations.\n(sec.36-ssec.5) When the Authority appoints a commissioner or commissioners to be a commission, the Authority may nominate a day on which the commission is to report its findings and recommendations to the Authority and, where the Authority nominates a day, the commission shall report its findings and recommendations to the Authority on or before that day or such later day as the Authority (before the nominated day) allows.\n(sec.36-ssec.6) The commission shall not make public any evidence or matters in respect of which directions have been given under section 39 (2) (b) or matters the publication of which is not allowed under section 39 (6) .\n(sec.36-ssec.7) Subject to this Act, a commission is not subject to directions by the Authority, or otherwise by or on behalf of the Government, in or in relation to the conduct of an inquiry.\n- (a) such matters as it considers necessary to ascertain, from the broad community viewpoint, the overall benefits and disadvantages of declaring organisms of the kind to which the inquiry relates to be target organisms or agent organisms, as the case requires; and\n- (b) such relevant matters unanimously approved by the Council as the Authority, by notice in writing given to the commissioner or to the commissioner presiding at the inquiry, as the case requires, directs, which may be or include the following matter, namely, whether assistance should be given to any persons if a declaration is made in respect of those organisms; and\n- (c) any other relevant matters that the commission considers it should inquire into.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Remuneration of commissioners","content":"### sec.37 Remuneration of commissioners\n\nA commissioner shall be paid such remuneration and allowances as are approved by the Governor in Council.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Notice of inquiries","content":"### sec.38 Notice of inquiries\n\nBefore a commission commences an inquiry, the commission shall give reasonable notice, by advertisement published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as it thinks necessary, of its intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to be commenced.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Procedure at inquiries","content":"### sec.39 Procedure at inquiries\n\nSubject to this section, an inquiry by a commission shall be held in public and evidence in the inquiry shall be taken in public on oath or affirmation.\nWhere a commission is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the commission may—\ndirect that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or\ngive directions prohibiting or restricting the publication of evidence given before the commission or of matters contained in documents lodged with the commission.\nA commission may hold an inquiry or part of an inquiry outside Queensland.\nA commission may, if it thinks fit, permit a person appearing as a witness before the commission to give evidence by tendering, and verifying by oath or affirmation, a written statement.\nWhere a commission considers that the attendance of a person as a witness before the commission would cause serious hardship to a person, the commission may permit the person to give evidence by sending to the commission a written statement, verified in such manner as the commission allows.\nWhere evidence is given to a commission by a written statement in accordance with subsection (4) or (5) , the commission shall make available to the public in such manner as the commission thinks fit the contents of the statement other than any matter the publication of which, in the opinion of the commission, would be contrary to the public interest by reason of its confidential nature or for any other reason.\nSubject to this section and the regulations—\nthe procedure to be followed at an inquiry by a commission is within the discretion of the commission; and\na commission is not bound by the rules of evidence.\n(sec.39-ssec.1) Subject to this section, an inquiry by a commission shall be held in public and evidence in the inquiry shall be taken in public on oath or affirmation.\n(sec.39-ssec.2) Where a commission is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the commission may— direct that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or give directions prohibiting or restricting the publication of evidence given before the commission or of matters contained in documents lodged with the commission.\n(sec.39-ssec.3) A commission may hold an inquiry or part of an inquiry outside Queensland.\n(sec.39-ssec.4) A commission may, if it thinks fit, permit a person appearing as a witness before the commission to give evidence by tendering, and verifying by oath or affirmation, a written statement.\n(sec.39-ssec.5) Where a commission considers that the attendance of a person as a witness before the commission would cause serious hardship to a person, the commission may permit the person to give evidence by sending to the commission a written statement, verified in such manner as the commission allows.\n(sec.39-ssec.6) Where evidence is given to a commission by a written statement in accordance with subsection (4) or (5) , the commission shall make available to the public in such manner as the commission thinks fit the contents of the statement other than any matter the publication of which, in the opinion of the commission, would be contrary to the public interest by reason of its confidential nature or for any other reason.\n(sec.39-ssec.7) Subject to this section and the regulations— the procedure to be followed at an inquiry by a commission is within the discretion of the commission; and a commission is not bound by the rules of evidence.\n- (a) direct that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or\n- (b) give directions prohibiting or restricting the publication of evidence given before the commission or of matters contained in documents lodged with the commission.\n- (a) the procedure to be followed at an inquiry by a commission is within the discretion of the commission; and\n- (b) a commission is not bound by the rules of evidence.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Power to summon witnesses","content":"### sec.40 Power to summon witnesses\n\nA commissioner may, by writing signed by the commissioner, summon a person to appear before the commission at a time and place specified in the summons to give evidence and produce such books and documents (if any) as are referred to in the summons.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Failure of witness to attend","content":"### sec.41 Failure of witness to attend\n\nA person served with a summons to appear as a witness at an inquiry by a commission shall not, without reasonable excuse—\nfail to attend as required by the summons; or\nfail to appear and report himself or herself from day to day unless excused or released from further attendance by or on behalf of the commission.\nMaximum penalty—20 penalty units or imprisonment for 6 months.\ns 41 amd 1 October 1987 RA s 39\n- (a) fail to attend as required by the summons; or\n- (b) fail to appear and report himself or herself from day to day unless excused or released from further attendance by or on behalf of the commission.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power to administer oath or affirmation","content":"### sec.42 Power to administer oath or affirmation\n\nA commissioner may administer an oath to or take an affirmation of a person appearing as a witness before the commission.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Refusal to be sworn or to answer questions","content":"### sec.43 Refusal to be sworn or to answer questions\n\nA person appearing as a witness at an inquiry by a commission shall not, without reasonable excuse—\nrefuse or fail to be sworn or to make an affirmation; or\nrefuse or fail to answer a question that the person is required to answer by the commissioner conducting or presiding at the inquiry; or\nrefuse or fail to produce a document that the person was required to produce by a summons under this Act served on the person.\nMaximum penalty—20 penalty units or imprisonment for 6 months.\ns 43 amd 1 October 1987 RA s 39\n- (a) refuse or fail to be sworn or to make an affirmation; or\n- (b) refuse or fail to answer a question that the person is required to answer by the commissioner conducting or presiding at the inquiry; or\n- (c) refuse or fail to produce a document that the person was required to produce by a summons under this Act served on the person.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Protection of commissioners and witnesses","content":"### sec.44 Protection of commissioners and witnesses\n\nA commissioner has, in the performance of the duties of a commissioner, the same protection and immunity as a Judge of the Supreme Court.\nSubject to this Act, a person appearing before a commission as a witness at an inquiry has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the Supreme Court.\n(sec.44-ssec.1) A commissioner has, in the performance of the duties of a commissioner, the same protection and immunity as a Judge of the Supreme Court.\n(sec.44-ssec.2) Subject to this Act, a person appearing before a commission as a witness at an inquiry has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the Supreme Court.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"False or misleading evidence","content":"### sec.45 False or misleading evidence\n\nA person shall not, at a hearing before a commission, give evidence that is to the knowledge of the person false or misleading in a material particular.\nAn offence against subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by imprisonment for a period of 2 years or by a fine of 100 penalty units.\nNotwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\nWhere, in accordance with subsection (3) , a court of summary jurisdiction convicts a person of an offence against subsection (1) , the penalty that the court may impose is a fine of 40 penalty units or imprisonment for a period of 1 year.\ns 45 amd 1 October 1987 RA s 39\n(sec.45-ssec.1) A person shall not, at a hearing before a commission, give evidence that is to the knowledge of the person false or misleading in a material particular.\n(sec.45-ssec.2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by imprisonment for a period of 2 years or by a fine of 100 penalty units.\n(sec.45-ssec.3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n(sec.45-ssec.4) Where, in accordance with subsection (3) , a court of summary jurisdiction convicts a person of an offence against subsection (1) , the penalty that the court may impose is a fine of 40 penalty units or imprisonment for a period of 1 year.","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"Contempt of commission","content":"### sec.46 Contempt of commission\n\nA person shall not—\nobstruct or hinder a commission or a commissioner in the conduct of an inquiry; or\ndisrupt a hearing before a commission.\nMaximum penalty—40 penalty units or imprisonment for 1 year.\nAn offence against subsection (1) is punishable on summary conviction.\ns 46 amd 1 October 1987 RA s 39\n(sec.46-ssec.1) A person shall not— obstruct or hinder a commission or a commissioner in the conduct of an inquiry; or disrupt a hearing before a commission. Maximum penalty—40 penalty units or imprisonment for 1 year.\n(sec.46-ssec.2) An offence against subsection (1) is punishable on summary conviction.\n- (a) obstruct or hinder a commission or a commissioner in the conduct of an inquiry; or\n- (b) disrupt a hearing before a commission.","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Powers of commission in relation to documents produced","content":"### sec.47 Powers of commission in relation to documents produced\n\nA commissioner, or a person assisting a commission and authorised by a commissioner to do so, may inspect any books or documents furnished to the commission for the purposes of the performance of its functions under this Act or produced at an inquiry and may make copies of, or take extracts from, those books or documents.\nBooks or documents so furnished may be retained by the commission for such reasonable period as the commission thinks fit.\n(sec.47-ssec.1) A commissioner, or a person assisting a commission and authorised by a commissioner to do so, may inspect any books or documents furnished to the commission for the purposes of the performance of its functions under this Act or produced at an inquiry and may make copies of, or take extracts from, those books or documents.\n(sec.47-ssec.2) Books or documents so furnished may be retained by the commission for such reasonable period as the commission thinks fit.","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"Allowances to witnesses","content":"### sec.48 Allowances to witnesses\n\nA witness summoned under this Act to appear at an inquiry by a commission is entitled to be paid such allowances for the witness’s travelling and other expenses as are approved by the Governor in Council.","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"Witness not to be prejudiced","content":"### sec.49 Witness not to be prejudiced\n\nA person shall not—\nuse violence against or inflict injury on; or\ncause or procure violence, damage, loss or disadvantage to; or\ncause or procure the punishment of;\na person for or on account of the last mentioned person having appeared, or being about to appear, as a witness at an inquiry by a commission or for or on account of any evidence given by the last mentioned person before a commission.\nMaximum penalty—40 penalty units or imprisonment for 1 year.\nWithout limiting the generality of subsection (1) , an employer shall not—\ndismiss an employee from the employee’s employment, or prejudice an employee in the employee’s employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a commission; or\ndismiss, or threaten to dismiss, an employee from the employee’s employment or prejudice, or threaten to prejudice, an employee in the employee’s employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a commission.\nMaximum penalty—\nin the case of a body corporate—200 penalty units; or\nin any other case—40 penalty units or imprisonment for 1 year.\nIn any proceedings arising out of subsection (2) —\nif it is established that the employee was dismissed from, or prejudiced in, the employee’s employment and that, before the employee was so dismissed or prejudiced, the employee appeared as a witness, or gave any evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that the employee so appeared as a witness or gave evidence; or\nif it is established that the employee was dismissed, or threatened with dismissal, from the employee’s employment, or was prejudiced, or threatened with prejudice, in the employee’s employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee proposed to appear as a witness, or to give evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that the employee proposed so to appear as a witness or to give evidence.\ns 49 amd 1 October 1987 RA s 39\n(sec.49-ssec.1) A person shall not— use violence against or inflict injury on; or cause or procure violence, damage, loss or disadvantage to; or cause or procure the punishment of; a person for or on account of the last mentioned person having appeared, or being about to appear, as a witness at an inquiry by a commission or for or on account of any evidence given by the last mentioned person before a commission. Maximum penalty—40 penalty units or imprisonment for 1 year.\n(sec.49-ssec.2) Without limiting the generality of subsection (1) , an employer shall not— dismiss an employee from the employee’s employment, or prejudice an employee in the employee’s employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a commission; or dismiss, or threaten to dismiss, an employee from the employee’s employment or prejudice, or threaten to prejudice, an employee in the employee’s employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a commission. Maximum penalty— in the case of a body corporate—200 penalty units; or in any other case—40 penalty units or imprisonment for 1 year.\n(sec.49-ssec.3) In any proceedings arising out of subsection (2) — if it is established that the employee was dismissed from, or prejudiced in, the employee’s employment and that, before the employee was so dismissed or prejudiced, the employee appeared as a witness, or gave any evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that the employee so appeared as a witness or gave evidence; or if it is established that the employee was dismissed, or threatened with dismissal, from the employee’s employment, or was prejudiced, or threatened with prejudice, in the employee’s employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee proposed to appear as a witness, or to give evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that the employee proposed so to appear as a witness or to give evidence.\n- (a) use violence against or inflict injury on; or\n- (b) cause or procure violence, damage, loss or disadvantage to; or\n- (c) cause or procure the punishment of;\n- (a) dismiss an employee from the employee’s employment, or prejudice an employee in the employee’s employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a commission; or\n- (b) dismiss, or threaten to dismiss, an employee from the employee’s employment or prejudice, or threaten to prejudice, an employee in the employee’s employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a commission.\n- (a) in the case of a body corporate—200 penalty units; or\n- (b) in any other case—40 penalty units or imprisonment for 1 year.\n- (a) if it is established that the employee was dismissed from, or prejudiced in, the employee’s employment and that, before the employee was so dismissed or prejudiced, the employee appeared as a witness, or gave any evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that the employee so appeared as a witness or gave evidence; or\n- (b) if it is established that the employee was dismissed, or threatened with dismissal, from the employee’s employment, or was prejudiced, or threatened with prejudice, in the employee’s employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee proposed to appear as a witness, or to give evidence, at an inquiry by a commission—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that the employee proposed so to appear as a witness or to give evidence.","sortOrder":58},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Act not to render other controls illegal","content":"### sec.50 Act not to render other controls illegal\n\nSubject to section 33 (2) , nothing in this Act shall be taken to render unlawful any release of organisms for the purpose of the biological control of other organisms if the release of the first mentioned organisms would, but for this Act, be lawful.","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Revocation of declarations","content":"### sec.51 Revocation of declarations\n\nThe Authority may, by notification published in the Gazette, revoke a declaration made under this Act where the Council has unanimously approved of that action being taken.\nWhere—\nthe Authority revokes a declaration declaring organisms of a kind to be target organisms; and\nby reason of that revocation there would be no target organisms for the purpose of controlling which organisms of a kind have been declared to be agent organisms;\nthe Authority shall revoke the declaration declaring those last mentioned organisms to be agent organisms.\n(sec.51-ssec.1) The Authority may, by notification published in the Gazette, revoke a declaration made under this Act where the Council has unanimously approved of that action being taken.\n(sec.51-ssec.2) Where— the Authority revokes a declaration declaring organisms of a kind to be target organisms; and by reason of that revocation there would be no target organisms for the purpose of controlling which organisms of a kind have been declared to be agent organisms; the Authority shall revoke the declaration declaring those last mentioned organisms to be agent organisms.\n- (a) the Authority revokes a declaration declaring organisms of a kind to be target organisms; and\n- (b) by reason of that revocation there would be no target organisms for the purpose of controlling which organisms of a kind have been declared to be agent organisms;","sortOrder":61},{"sectionNumber":"sec.52","sectionType":"section","heading":"Declarations continue in operation","content":"### sec.52 Declarations continue in operation\n\nWhere a declaration in relation to agent organisms is in force, those organisms may be released in accordance with section 33 notwithstanding the time that has elapsed since the last release of those organisms took place.","sortOrder":62},{"sectionNumber":"sec.53","sectionType":"section","heading":"Service of documents on Authority","content":"### sec.53 Service of documents on Authority\n\nWhere a person is entitled or required by this Act to—\nmake any application or request to the Authority; or\nsubmit particulars to the Authority; or\nserve a copy of a notice of appeal on the Authority;\nthe person shall do so by causing the application, request, particulars or copy of the notice of appeal to be lodged at the head office of the Department of Primary Industries.\n- (a) make any application or request to the Authority; or\n- (b) submit particulars to the Authority; or\n- (c) serve a copy of a notice of appeal on the Authority;","sortOrder":63},{"sectionNumber":"sec.54","sectionType":"section","heading":"Person affected by decision of Authority may obtain reasons for decision","content":"### sec.54 Person affected by decision of Authority may obtain reasons for decision\n\nWhere the Authority makes a decision referred to in section 55 (1) any person whose interests are affected by the decision may request the Authority, by notice in writing given to the Authority, to furnish to that person a statement in writing giving reasons for the decision.\nThe Authority shall, as soon as practicable but in any case within 28 days after receiving a request referred to in subsection (1) prepare, and furnish to the person who made the request, a statement referred to in that subsection.\n(sec.54-ssec.1) Where the Authority makes a decision referred to in section 55 (1) any person whose interests are affected by the decision may request the Authority, by notice in writing given to the Authority, to furnish to that person a statement in writing giving reasons for the decision.\n(sec.54-ssec.2) The Authority shall, as soon as practicable but in any case within 28 days after receiving a request referred to in subsection (1) prepare, and furnish to the person who made the request, a statement referred to in that subsection.","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Appeal to Land Appeal Court","content":"### sec.55 Appeal to Land Appeal Court\n\nAny person whose interests are affected by—\na decision of the Authority for the purposes of section 17 not to hold an inquiry; or\na decision of the Authority for the purposes of section 18 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\na decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or\na decision of the Authority for the purposes of section 26 not to hold an inquiry; or\na decision of the Authority for the purposes of section 27 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\na decision of the Authority for the purposes of section 28 ; or\na decision of the Authority for the purposes of section 29 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\na decision of the Authority for the purposes of section 31 not to hold an inquiry; or\na decision of the Authority under section 51 to revoke a declaration;\nmay appeal to the Land Appeal Court against the decision.\nJurisdiction is hereby conferred on the Land Appeal Court to hear and determine an appeal made to it under subsection (1) .\nAn appeal under subsection (1) shall be made by filing a notice of appeal in the Land Court registry within 42 days after the day on which the document setting out the reasons for the decision against which the appeal is made is furnished to the person who makes a request under section 54 .\nThe notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated.\nThe burden of proving any ground stated shall be upon the appellant.\nAfter filing the notice of appeal the appellant forthwith shall serve a copy thereof on the Authority.\nIn hearing an appeal made under subsection (1) the Land Appeal Court has power, in addition to any other power it has under the Land Act 1962 , to review the decision appealed against and to decide any matter in relation to the making of the decision that could have been made or could be decided by the Authority.\nWithout limiting the powers of the Land Appeal Court referred to in subsection (4) , the Land Appeal Court may—\naffirm the decision or vary it in such manner as it thinks fit; or\nset aside the decision and make such other decision that the Authority could have made as it thinks fit.\nAny determination of the Land Appeal Court made in respect of an appeal made under subsection (1) —\nshall be substituted for the decision of the Authority appealed against; and\nshall have the same effect as a decision of the Authority; and\nshall be final.\ns 55 amd 2000 No. 1 s 86 sch 1\n(sec.55-ssec.1) Any person whose interests are affected by— a decision of the Authority for the purposes of section 17 not to hold an inquiry; or a decision of the Authority for the purposes of section 18 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or a decision of the Authority for the purposes of section 26 not to hold an inquiry; or a decision of the Authority for the purposes of section 27 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 28 ; or a decision of the Authority for the purposes of section 29 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or a decision of the Authority for the purposes of section 31 not to hold an inquiry; or a decision of the Authority under section 51 to revoke a declaration; may appeal to the Land Appeal Court against the decision.\n(sec.55-ssec.2) Jurisdiction is hereby conferred on the Land Appeal Court to hear and determine an appeal made to it under subsection (1) .\n(sec.55-ssec.3) An appeal under subsection (1) shall be made by filing a notice of appeal in the Land Court registry within 42 days after the day on which the document setting out the reasons for the decision against which the appeal is made is furnished to the person who makes a request under section 54 .\n(sec.55-ssec.3A) The notice of appeal shall state the grounds of appeal and the appeal shall be limited to the grounds stated.\n(sec.55-ssec.3B) The burden of proving any ground stated shall be upon the appellant.\n(sec.55-ssec.3C) After filing the notice of appeal the appellant forthwith shall serve a copy thereof on the Authority.\n(sec.55-ssec.4) In hearing an appeal made under subsection (1) the Land Appeal Court has power, in addition to any other power it has under the Land Act 1962 , to review the decision appealed against and to decide any matter in relation to the making of the decision that could have been made or could be decided by the Authority.\n(sec.55-ssec.4A) Without limiting the powers of the Land Appeal Court referred to in subsection (4) , the Land Appeal Court may— affirm the decision or vary it in such manner as it thinks fit; or set aside the decision and make such other decision that the Authority could have made as it thinks fit.\n(sec.55-ssec.5) Any determination of the Land Appeal Court made in respect of an appeal made under subsection (1) — shall be substituted for the decision of the Authority appealed against; and shall have the same effect as a decision of the Authority; and shall be final.\n- (a) a decision of the Authority for the purposes of section 17 not to hold an inquiry; or\n- (b) a decision of the Authority for the purposes of section 18 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\n- (c) a decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or\n- (d) a decision of the Authority for the purposes of section 26 not to hold an inquiry; or\n- (e) a decision of the Authority for the purposes of section 27 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\n- (f) a decision of the Authority for the purposes of section 28 ; or\n- (g) a decision of the Authority for the purposes of section 29 , being a decision that is inconsistent with a finding or recommendation of a commission referred to in Part 7 ; or\n- (h) a decision of the Authority for the purposes of section 31 not to hold an inquiry; or\n- (i) a decision of the Authority under section 51 to revoke a declaration;\n- (a) affirm the decision or vary it in such manner as it thinks fit; or\n- (b) set aside the decision and make such other decision that the Authority could have made as it thinks fit.\n- (a) shall be substituted for the decision of the Authority appealed against; and\n- (b) shall have the same effect as a decision of the Authority; and\n- (c) shall be final.","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Regulation-making power","content":"### sec.56 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may prescribe procedures to introduce and process proposals for declarations under this Act.\ns 56 sub 1996 No. 59 s 6\n(sec.56-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.56-ssec.2) A regulation may prescribe procedures to introduce and process proposals for declarations under this Act.","sortOrder":66},{"sectionNumber":"pt.9","sectionType":"part","heading":"Validation provision","content":"# Validation provision","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Validation provision relating to changes to name of Council","content":"### sec.57 Validation provision relating to changes to name of Council\n\nFor the period starting on 21 May 2001 and ending on 16 September 2011, the Primary Industries Ministerial Council is taken to have been the Council for the purposes of this Act.\nFor the period starting on 17 September 2011 and ending on 13 December 2013, the Standing Council on Primary Industries is taken to have been the Council for the purposes of this Act.\nA recommendation or decision purportedly made under this Act, or an approval purportedly given under this Act, by an entity mentioned in subsection (1) or (2) during the period mentioned in the subsection that would have been valid and lawful if done by the Agriculture and Resource Management Council of Australia and New Zealand is taken to have been validly made or given for the purposes of this Act.\ns 57 ins 2014 No. 59 s 6\n(sec.57-ssec.1) For the period starting on 21 May 2001 and ending on 16 September 2011, the Primary Industries Ministerial Council is taken to have been the Council for the purposes of this Act.\n(sec.57-ssec.2) For the period starting on 17 September 2011 and ending on 13 December 2013, the Standing Council on Primary Industries is taken to have been the Council for the purposes of this Act.\n(sec.57-ssec.3) A recommendation or decision purportedly made under this Act, or an approval purportedly given under this Act, by an entity mentioned in subsection (1) or (2) during the period mentioned in the subsection that would have been valid and lawful if done by the Agriculture and Resource Management Council of Australia and New Zealand is taken to have been validly made or given for the purposes of this Act.","sortOrder":68},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provision for Farm Business Debt Mediation Act 2017","content":"# Transitional provision for Farm Business Debt Mediation Act 2017","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Existing relevant law declarations","content":"### sec.58 Existing relevant law declarations\n\nThis section applies to a declaration made by the Authority under section 5 that was in force immediately before this section commenced.\nThe declaration continues in effect despite the amendment of this Act by the Farm Business Debt Mediation Act 2017 .\ns 58 ins 2017 No. 7 s 98\n(sec.58-ssec.1) This section applies to a declaration made by the Authority under section 5 that was in force immediately before this section commenced.\n(sec.58-ssec.2) The declaration continues in effect despite the amendment of this Act by the Farm Business Debt Mediation Act 2017 .","sortOrder":70}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3A(1)","severity":"high","reasoning":"To determine whether control is 'for the public benefit' one must already have concluded the organisms are harmful. The definition thus presupposes the very thing it purports to define, creating a perfect logical circle: organisms cause harm because controlling them is beneficial, and controlling them is beneficial because they cause harm.","confidence":0.92,"description":"Circular definition of 'harm': organisms 'shall be taken to cause harm if the control of those organisms would be for the public benefit'. This defines harm by reference to a determination that control is beneficial, which itself presupposes that the organisms are harmful. The concept of harm is defined by its own remedy rather than by any independent criterion."},{"type":"other","section":"sec.8(2)","severity":"medium","reasoning":"A statutory body whose membership and identity can change depending on who sits on the Council at any given moment creates acute uncertainty about the legal continuity of decisions, the exercise of non-delegable powers (s.9(3)), and accountability. There is no provision dealing with what happens when the Authority's composition changes mid-process.","confidence":0.8,"description":"The 'Authority' is defined as being one, two or more Ministers acting jointly, or the Minister administering the Act. This means the identity and composition of the Authority is indeterminate and variable over time, yet the Act confers specific statutory powers, duties and liabilities on 'the Authority' as if it were a stable legal person. Declarations made by one configuration of the Authority may be revisited or contradicted by a differently constituted Authority without any formal process."},{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4 restricts biological control to release of 'live organisms', but agent organisms are drawn from the broad s.3 definition of 'organism' which includes dead organisms and parts. The 2017 amendment introduced 'prescribed organisms' (live organisms, viruses or sub-viral agents) to partly address this for agent organisms, but the s.4 definition of biological control itself still only contemplates live organisms, creating internal inconsistency.","confidence":0.72,"description":"Biological control is defined as control 'by the release of live organisms'. However, the definition of 'organism' in s.3 includes dead organisms and parts thereof. Agent organisms (which are the organisms released) are defined by reference to the broader 'organism' definition. There is therefore a potential mismatch: can a dead organism or part of an organism be declared an agent organism and 'released' for biological control, when s.4 requires live organisms for the process to constitute biological control?"},{"type":"impossible_compliance","section":"sec.28(1)","severity":"high","reasoning":"An emergency, by definition, demands urgent action. Requiring the Authority to first consult a multi-jurisdictional ministerial council and obtain unanimity before acting on an emergency is structurally incompatible with the urgency the provision is designed to address. A single dissenting state minister could paralyse the emergency response.","confidence":0.88,"description":"The emergency declaration provision requires the Authority to be satisfied of the emergency AND to consult the Council and obtain its unanimous recommendation (s.28(2)) before making the declaration. Requiring unanimous intergovernmental Council agreement as a precondition to an emergency declaration fundamentally undermines the purpose of an emergency power, making rapid response in a genuine emergency practically impossible."},{"type":"retroactive_impossibility","section":"sec.29(1)(b)","severity":"medium","reasoning":"The satisfaction standard asks decision-makers to hypothesise about the behaviour of a body (the Council) that did not exist, applying criteria of a statute that was not in force, in relation to events that are already completed. There is no principled basis on which this counterfactual can be reliably assessed, making compliance with the standard effectively impossible to verify or challenge.","confidence":0.82,"description":"Section 29 requires the Authority to be satisfied of a counterfactual: that 'if this Act had been in force before the release... it is probable that action would have been taken under this Act'. This requires the Authority to assess compliance with a legislative process that did not exist at the time, including predicting unanimous Council recommendations that were never made and public consultation processes that never occurred. This is an inherently speculative and unverifiable standard."},{"type":"other","section":"sec.3 (definition of 'organism')","severity":"low","reasoning":"While the broad definition may serve legitimate evidentiary or administrative purposes (e.g. identifying species by reference to specimens), the failure to restrict the operative definitions of target and agent organisms to living organisms creates theoretical absurdities within the biological control scheme.","confidence":0.65,"description":"The definition of 'organism' includes dead organisms and parts of organisms, yet the Act's entire scheme (biological control, target organisms, agent organisms) is premised on organisms as living entities capable of causing harm, reproducing, and being controlled. Declaring a dead organism or shed body part as a 'target organism' or 'agent organism' is conceptually absurd within the biological control framework."},{"type":"other","section":"sec.3 (definitions of 'State' and 'Territory')","severity":"low","reasoning":"While this likely mirrors a drafting convention used in the Commonwealth Act to extend State-based cooperative schemes to the Northern Territory, the result within this Act is that the Northern Territory is definitionally a 'State' but not a 'Territory', which is constitutionally and linguistically inverted and could cause interpretive confusion where 'Territory' references appear.","confidence":0.78,"description":"The Act defines 'State' to include the Northern Territory, but defines 'Territory' to NOT include the Northern Territory. This creates a situation where the Northern Territory is a 'State' but not a 'Territory' for the purposes of this Queensland Act, which is the inverse of the Northern Territory's actual constitutional status."},{"type":"impossible_compliance","section":"sec.9(3)","severity":"medium","reasoning":"Non-delegable powers are the most sensitive decisions under the Act. Requiring multiple Ministers to act jointly on these decisions without any procedural framework for joint decision-making creates a structural impossibility: how is joint action effected, what constitutes agreement, and what happens if the joint members disagree?","confidence":0.7,"description":"Section 9(3) prohibits delegation of powers under sections 17, 18, 26-29, 31, 32, 36 or 51. However, the Authority itself is constituted under s.8(2) as potentially multiple Ministers 'acting jointly'. If the Authority IS multiple Ministers, the non-delegable powers must be exercised jointly by all of them, but there is no mechanism in the Act for how joint ministerial decision-making is to be conducted, recorded or resolved in cases of disagreement."}],"contradictions":[{"severity":"medium","section_a":"sec.3A(1)","section_b":"sec.18(1)(d)","confidence":0.8,"description":"Section 3A(1) deems organisms to cause harm if 'the control of those organisms would be for the public benefit' — a broad, outcomes-based deeming provision. Section 18(1)(d) requires the Authority to be positively satisfied that organisms 'are causing harm in Queensland' as a precondition to declaration. If organisms are deemed to cause harm whenever control is beneficial (s.3A), then s.18(1)(d) adds no independent filtering requirement — every organism whose control would be beneficial automatically satisfies the harm criterion, effectively removing the requirement."},{"severity":"medium","section_a":"sec.4","section_b":"sec.3 (definition of 'prescribed organisms')","confidence":0.75,"description":"Section 4 defines biological control as requiring the release of 'live organisms'. Section 3 defines 'prescribed organisms' (which are the only organisms eligible to be agent organisms under s.19) to include viruses and sub-viral agents. While viruses are debatably 'living', sub-viral agents (such as viroids and prions) are definitively not living organisms. Agent organisms declared from sub-viral agents could not logically constitute 'biological control' as defined in s.4."},{"severity":"low","section_a":"sec.10(2)(a)","section_b":"sec.3B(1)(b)","confidence":0.62,"description":"Section 10(2)(a) requires a 'unanimous recommendation' by the Council to commence target organism declaration proceedings. Section 3B(1)(b) defines a unanimous recommendation as one made by 'all the members of the Council'. The definition of Council in s.3 includes a prescribed body if one is so prescribed by regulation. If the prescribed body has different membership from the standing ministerial council, the unanimity requirement applies to an indeterminate set of members, creating uncertainty about when unanimity is achieved."},{"severity":"medium","section_a":"sec.17(1)","section_b":"sec.17(2)","confidence":0.7,"description":"Section 17(1) lists the Authority's optional powers as paragraphs (e), (f), (g) and (h), but the body of subsection (1) only contains four lettered sub-actions at the end. The preliminary conditions in s.17(1) are labelled (a)-(d). The actions available are then listed — but s.17(2) cross-references '(1)(e), (f), (g) or (h)' which, read literally, do not exist as discrete labeled paragraphs within the structure as presented, creating a lettering discrepancy that makes it unclear which actions require Council unanimity."},{"severity":"high","section_a":"sec.28(1)","section_b":"sec.28(2)","confidence":0.9,"description":"Section 28(1) states the Authority 'shall' make an emergency declaration upon being satisfied of the relevant matters (subject to subsection (2)). Section 28(2) makes the declaration conditional on unanimous Council recommendation. Read together, the Authority is mandatorily obliged to declare but cannot do so without Council unanimity. If the Council refuses to give a unanimous recommendation in a genuine emergency, the Authority is placed in the impossible position of having a mandatory duty it is legally prevented from fulfilling."},{"severity":"low","section_a":"sec.6(1)","section_b":"sec.6(2)","confidence":0.65,"description":"Section 6(1) binds the Crown in all its capacities, which would normally include subjecting the Crown to all obligations under the Act. Section 6(2) then exempts the Crown from criminal prosecution. This is a common legislative technique but creates an internal logical tension: the Crown is bound by the Act (including offence-creating provisions) but cannot be prosecuted for breach, rendering the binding of the Crown in relation to offence provisions effectively meaningless."},{"severity":"medium","section_a":"sec.15(2)","section_b":"sec.24(1)","confidence":0.82,"description":"For target organisms, s.15(2) mandates publication in 'at least 1 newspaper circulating generally in Queensland and in each other State and the Australian Capital Territory'. For agent organisms, s.24(1) only provides that the Authority 'may publish in such newspapers or journals as the Authority thinks appropriate' — publication in newspapers is entirely discretionary. This creates an unjustified asymmetry between the notification requirements for target and agent organism declarations, despite agent organism releases potentially having comparable or greater environmental impacts."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original intent: establishing a formal, safety-focused regulatory framework for biological pest control in Queensland operating within a national cooperative scheme. Amendments have updated definitions (e.g. expanding 'organism' to include viruses and sub-viral agents, updating the definition of 'Council' to reflect changes in intergovernmental bodies) and refined procedural provisions, but these represent modernisation rather than a fundamental change in scope or purpose."},"complexity_factors":["Multi-layered decision-making process requiring interaction between Queensland Authority, national Council, Commonwealth government, and potentially other state authorities","Unanimity requirement across a multi-jurisdictional ministerial council creates significant procedural complexity","Dual classification system (target organisms and agent organisms) with parallel but distinct approval pathways","Multiple types of declarations (standard, emergency, retrospective for pre-existing releases, declarations under relevant laws) each with different procedural requirements","Intergovernmental framework requiring coordination with Commonwealth Acts (Biological Control Act 1984 Cwlth, Industry Commission Act 1990 Cwlth)","Complex nested harm/benefit test in section 27 with multiple tiers of comparison (harm from release vs harm from non-control vs harm from alternative control methods)","Numerous cross-references between sections making it difficult to read any single provision in isolation","Multiple amendment layers (1996, 2014, 2017) changing definitions and restructuring provisions","Inquiry mechanisms that can be triggered at multiple points and routed through multiple different bodies","Specialist scientific subject matter (biology, ecology) embedded in legal standards requiring expert knowledge to apply"],"plain_english_summary":"The Biological Control Act 1987 (Qld) creates a legal framework for using living organisms to control pests and weeds in Queensland. It affects landholders, researchers, environmental groups and government bodies by requiring formal declarations before any pest (target) or control organism (agent) can be released.\n\nDeclarations need national unanimous ministerial approval, public notice and consultation, and a harm‑vs‑benefit safety test—preventing unilateral or unsafe releases and protecting ecosystems."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments in the text broadened scope and modernised definitions: the Act now explicitly covers viruses and sub‑viral agents and introduces the concept of \"prescribed organisms\" (s.3). Recent amendments adjusted Part 3 procedural language and the agent/target declaration mechanics (ss.19–20, amends noted 2017). The Act also formalises recognition of similar laws elsewhere and automatic declarations under a relevant law (ss.5, 32), expanding cross‑jurisdictional effect and delegation of release authority."},"complexity_factors":["Multi‑level decision‑making: Authority, Council and Ministers share roles; many actions require unanimous Council recommendation (ss.8, 3B, 10, 18, 27, 28, 29, 51).","Parallel application streams and prescribed content requirements for applicants increase procedural burden (target and agent applications; ss.11, 20).","Extensive public notification and six‑week submission windows plus requirements to make applications available for perusal (ss.15, 24, 30).","Power to institute formal inquiries and commissions with subpoena, evidence and contempt powers adds investigatory complexity (Part 7; ss.36–47).","Cross‑jurisdictional interaction: declaration of relevant laws and recognition of other State/Commonwealth processes (ss.5, 32), creating procedural interlocks.","Legal‑risk framework: statutory immunity for authorised releases but narrow exceptions for unforeseen significant harms (ss.34–35).","Delegation limits and appeal route to Land Appeal Court create discrete legal chokepoints (ss.9, 55).","Regulation‑making power allows further procedural detail to be prescribed (s.56), meaning operational rules may be extensive."],"plain_english_summary":"This Act sets out how Queensland decides to use biological control: it establishes the Queensland Biological Control Authority to declare \"target\" organisms (pests) and \"agent\" organisms (biocontrol agents), creates application, notification and public‑submission procedures, and allows public inquiries before release. Decisions normally follow unanimous Council recommendations and may include conditions on release. Applicants must supply specified particulars; authorised releases can proceed and are largely protected from legal challenge, subject to narrow exceptions. (See ss.8, 3B, 10, 11, 20, 27, 33–35.)"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1797},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: regulating biological control of organisms. While amendments have updated definitions (e.g., adding viruses and sub-viral agents in 2017) and validated decisions made by predecessor ministerial councils (s 57), the core scope has not expanded beyond the biological control framework established in 1987. The Act has not been repurposed for broader environmental or biosecurity matters."},"complexity_factors":["Multiple interdependent declaration processes (target organisms vs agent organisms) with cross-referenced sections (ss 10-32)","Heavy procedural requirements: mandatory unanimous Council recommendations, public consultation periods (6 weeks), Gazette notices, and potential inquiries before declarations can be made","Complex conditional logic in ss 18(1), 27(1), and 28(1) requiring satisfaction of multiple cumulative criteria including risk-benefit analyses and comparison with alternative control methods","Extensive cross-referencing between Parts (e.g., ss 17, 18, 26, 27, 28, 29, 32 referenced throughout for declaration powers)","Nested exceptions to liability in ss 34(3) and 35(4) creating a three-part test for maintaining legal actions","Dual pathways for applications (Council recommendation vs public application) with different procedural gateways in ss 10 and 19","Recognition of external legal regimes ('relevant laws') requiring harmonisation with Commonwealth and other State legislation (ss 5, 32, 35)","Administrative law mechanisms including statement of reasons requirements (s 54), specific appeal grounds to Land Appeal Court (s 55), and delegated/non-delegated powers (s 9)"],"plain_english_summary":"**What this law does**\n\nThis Act creates a legal framework for **biological control** — the practice of using living organisms (like insects, viruses, or fungi) to manage pests, weeds, or other harmful species. Instead of using chemicals, you might release a specific beetle to eat a problematic weed, for example.\n\n**Who it affects**\n- **Primary producers and landholders** dealing with pest outbreaks\n- **Scientists and researchers** proposing biological control solutions\n- **The Queensland Government** (specifically the Minister(s) who form the \"Queensland Biological Control Authority\")\n- **Other Australian states and territories**, because the law recognises biological control decisions made elsewhere\n\n**Key concepts**\n- **Target organisms**: The pests, weeds, or harmful species you want to control (the \"bad guys\")\n- **Agent organisms**: The living organisms released to control the targets (the \"good guys\")\n- **The Council**: A ministerial council comprising Commonwealth and State agriculture ministers that must approve most actions\n\n**How it works**\n\nThe process is deliberately cautious and science-based:\n\n1. **Declaration process**: Before anyone can release biological control agents, both the target and the agent must be formally declared under the Act. This happens through:\n   - Applications from the public or government bodies\n   - Unanimous recommendations from the Council\n   - Public consultation (notices in newspapers, 6-week submission periods)\n   - Optional public inquiries (like Royal Commissions) if there are environmental or economic concerns\n\n2. **Emergency powers**: In urgent situations (serious threat to human health, economy, or environment), the Authority can fast-track declarations without the usual lengthy process, provided the Council agrees unanimously.\n\n3. **Recognition of other states**: If another state or the Commonwealth has already approved a biological control program, Queensland can automatically recognise those declarations.\n\n4. **Legal protections**: Once organisms are declared and released according to the Act:\n   - You generally **cannot sue** anyone for damages caused by the release\n   - Court orders blocking the release are overridden\n   - **Exception**: You can sue if the release harms non-target organisms (unintended side effects) AND scientists knew this was likely, AND the Authority failed to consider this risk\n\n5. **Appeals**: If your interests are affected by a decision (like refusing to hold an inquiry or revoking a declaration), you can appeal to the **Land Appeal Court** within 42 days.\n\n**Why it matters**\n\nBiological control is risky — introduced species can become pests themselves (think cane toads). This law creates a \"safety net\" of scientific scrutiny and public consultation while protecting innovators from lawsuits when things go according to plan, but holding them accountable for foreseeable harms.\n\n**Important note**: This law doesn't just cover agricultural pests. It can apply to any organism causing harm, including environmental weeds or disease vectors."}},"importantCases":[],"_links":{"self":"/api/acts/biological-control-act-1987","history":"/api/acts/biological-control-act-1987/history","analysis":"/api/acts/biological-control-act-1987/analysis","conflicts":"/api/acts/biological-control-act-1987/conflicts","importantCases":"/api/acts/biological-control-act-1987/important-cases","documents":"/api/acts/biological-control-act-1987/documents"}}