This Act creates a single Commonwealth process to declare harmful "target" organisms and permit specified "agent" organisms to be released for biological control, with decisions made by the Minister acting as the Authority and many key steps requiring unanimous Council agreement. It builds in public notice, submissions and investigatory inquiries before declarations, and allows conditions on releases.
Authorized releases are largely immunised from civil suits, with a narrow exception where expert‑foreseeable significant harms were not considered—affecting applicants, release agents, and potentially harmed third parties.
This Act establishes a federal framework for declaring certain organisms as “target organisms” (those to be controlled) and “agent organisms” (organisms released to effect biological control), and for governing the process by which those declarations are made, publicised, inquired into and implemented. The Act sets out who is the decision‑maker (the Commonwealth Biological Control Authority), the role of a multi‑jurisdictional Council in making recommendations (and, in many cases, the requirement that recommendations be unanimous), the content and form of applications to begin the process, the public notice and submissions procedures, the circumstances in which the Authority must or may refer matters for formal inquiry, and the legal consequences of declarations (including conditions on release and limits on civil or injunctive proceedings). It also permits the Minister to extend the Act to certain external Territories (s 4), and provides for interaction with State laws that are declared “relevant State laws” (s 9).
Mechanically, the Authority is the Minister who is for the time being a member of the Council (s 8). The Act contemplates two entry points for action: a unanimous recommendation from the Council or an application from any person (ss 12(2), 21(2)). Applications must include specified particulars (ss 13(3), 22(3)) and are ordinarily referred by the Authority to the Council for consideration (ss 15(1), 24(1)). Where the Council unanimously recommends, the Authority is required to publish notices of proposed declarations in the Gazette and, in most cases, in newspapers and make applications available for perusal (ss 17(1)-(3), 26(1)-(2)). The Authority must consider public submissions (ss 18, 27). Where the Authority considers that an adequate investigation has not been held and that adverse effects may result, it may direct a formal inquiry under Part VII or seek an inquiry by the Productivity Commission or Industries Assistance Commission, but action under those inquiry provisions requires a unanimous Council recommendation to proceed (ss 19(1)(e)-(f), 28(1)(e)-(f), 33(1)(c)-(d), and the unanimous requirement at ss 19(1A), 28(1A), 33(1A)).
Current sections
Direct links to the current provisions in Biological Control Act 1984.
65
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Biological Control Act 1984.
2
Interpretation
2 Interpretation
(1) In this Act, unless the contrary intention appears:
agent application means an application under section 22.
agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 29, 30, 31 or 34, 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 subsection 4(1) is in force.
Authority means the Commonwealth Biological Control Authority established by section 8.
control, in relation to organisms, includes:
(a) reduce the number of those organisms;
(b) prevent an increase in the number of those organisms;
(c) reduce the activity or appetite of some or all of those organisms; and
(d) modify the behaviour or characteristics of some or all of those organisms.
Council means:
(a) if there is a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to agriculture—that body; or
(b) otherwise—a body prescribed by the regulations for the purposes of this paragraph.
kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub‑species or variety.
organism means:
(a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
(b) a part of, or matter discharged from, an organism within the meaning of paragraph (a); or
(c) a virus or a sub‑viral agent.
organization includes:
(a) a body corporate;
(b) an association or other body of persons; and
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs.
person includes an organization.
prescribed organisms means organisms that are:
(a) live organisms; or
(b) viruses or sub‑viral agents;
but does not include live vaccines or resistant cultivars.
relevant State law means a law of a State declared by the Authority under section 9 to be a relevant State law for the purposes of this Act.
State includes the Northern Territory.
target application means an application under section 13.
target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 20, 30, 31 or 34, 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.
(2) For the purposes of this Act, the Jervis Bay Territory shall be taken to be part of the Australian Capital Territory.
(3) 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.
(4) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the Australian Capital Territory if they cause harm in a part or parts only of that Territory.
(4A) For the purposes of this Act:
(a) a recommendation or decision of, or an approval by, the Council, has effect whether or not it was made while the Council was in session;
(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;
(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
(d) where a person is authorised to act as a member of the Council in place of another person, then while the first‑mentioned person is so acting, the first‑mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.
(5) 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.
(6) In this Act:
(a) a reference to a Minister of a State shall, except in relation to the Northern Territory, be read as a reference to a Minister of the Crown of the State; and
(b) a reference to a Minister of a State shall, in relation to the Northern Territory, be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self‑Government) Act 1978.
3
Biological control
3 Biological control
For the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of prescribed organisms of another kind.
4
Extension of Act to external Territories
4 Extension of Act to external Territories
(1) The Minister may, by notice published in the Gazette, declare that this Act extends to:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
(c) the Coral Sea Islands Territory; or
(d) the Territory of Ashmore and Cartier Islands.
(2) Where a declaration under subsection (1) is in force in relation to a Territory, this Act has effect, in relation to that Territory, as if the references in this Act, other than in this section, to the Australian Capital Territory were references to that Territory.
5
Saving of other laws
5 Saving of other laws
(1) This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for:
(a) any other law of the Commonwealth, whether passed or made before or after the commencement of this Act; or
(b) if this Act extends to an external Territory, any law of that Territory, whether passed or made before or after the commencement of this Act.
(2) Without limiting the generality of subsection (1), this Act shall not be read or construed as authorizing or permitting the doing of any act in contravention of:
(a) the Biosecurity Act 2015; or
(b) Part 13A of the Environment Protection and Biodiversity Conservation Act 1999.
6
Act binds the Crown
6 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
6A
Application of the Criminal Code
6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
7
Act not limited to agricultural pests
7 Act not limited to agricultural pests
The fact that certain powers 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 be regarded as causing harm for the purposes of this Act are kinds that are harmful by reason of their effect on agriculture.
8
Commonwealth Biological Control Authority
8 Commonwealth Biological Control Authority
(1) For the purposes of this Act, a Commonwealth Biological Control Authority is established by this section.
(2) The Authority shall be the Minister who is for the time being a member of the Council.
9
Relevant State laws
9 Relevant State laws
(1) Where a law of a State:
(a) provides for the control by biological means of organisms causing harm in the State; and
(b) establishes an authority having similar powers and functions to those of the Authority;
the Authority may, by notice published in the Gazette, declare that law to be a relevant State law for the purposes of this Act.
(2) A declaration shall not be made under subsection (1) in respect of a law of a State unless the Minister of the State administering that law consents in writing to the declaration being made.
(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 paragraphs (1)(a) and (b).
10
Delegation
10 Delegation
(1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Authority, delegate to an officer of the Department any of the powers of the Authority under this Act, other than:
(a) the powers of the Authority under section 9, 19, 20, 28, 29, 30, 31, 33, 34, 38 or 53; or
(b) this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Authority.
(3) A delegation under this section does not prevent the exercise of a power by the Authority.
Part II
Target organisms
Part II—Target organisms
12
Target organisms
12 Target organisms
(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.
(2) Action for the declaration of target organisms in accordance with this Part may be commenced by:
(a) a unanimous recommendation to the Authority by the Council; or
(b) an application under section 13.
13
Target application
13 Target application
(1) Where a person considers that organisms of a particular kind are causing harm in the Australian Capital Territory 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.
(2) A target application shall be in writing signed:
(a) in the case of an application by a natural person—by the applicant; or
(b) in any other case—by a natural person authorized by the applicant to do so.
(3) A target application in relation to organisms of a particular kind shall set out:
(a) particulars identifying the organisms;
(b) particulars of the reasons why the organisms are considered to be causing harm in the Australian Capital Territory;
(c) reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and
(d) such other particulars (if any) as are prescribed.
14
Withdrawal of target application
14 Withdrawal of target application
(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 subsection 15(1).
(2) The withdrawal of a target application is to be effected by the making of a request for withdrawal to the Authority in writing signed:
(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
(b) in any other case—by the person who signed the application or by a person authorized by the applicant to sign the request.
15
Referral of target application to Council
15 Referral of target application to Council
(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.
(2) The Authority is not required to refer to the Council a target application in respect of organisms of a particular kind if:
(a) other action to have them declared to be target organisms is being, or has been, taken under this Act; or
(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 State law.
16
Notice of rejection of target application
16 Notice of rejection of target application
(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.
(2) A notice under subsection (1) shall:
(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
(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.
17
Notice of proposed target organisms
17 Notice of proposed target organisms
(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 in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating declaring those organisms to be target organisms.
(2) Without limiting the generality of subsection (1), a notice under that subsection shall be published in each State and the Australian Capital Territory by being published in at least one newspaper circulating generally in that State or Territory.
(3) A notice under subsection (1) in relation to organisms of a particular kind shall:
(a) set out particulars identifying the organisms;
(b) set out brief particulars of the reasons why the organisms are believed to be causing harm in the Australian Capital Territory;
(c) set out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms;
(d) state that the Council has unanimously recommended that the organisms should be declared to be target organisms;
(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
(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.
(4) Where the Authority publishes a notice under subsection (1) in relation to a target application, the Authority shall cause copies of the application to be available for perusal at the place specified in the notice in accordance with paragraph (3)(e).
18
Consideration of submissions relating to target organisms
18 Consideration of submissions relating to target organisms
The Authority shall consider any submissions in response to an invitation referred to in paragraph 17(3)(f).
19
Inquiries relating to target organisms
19 Inquiries relating to target organisms
(1) Where the Authority, after:
(a) complying with sections 17 and 18 in respect of a target recommendation;
(b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;
(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 a State); and
(d) 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:
(e) direct that an inquiry under Part VII be conducted in respect of the recommendation; or
(f) arrange for the Minister who administers the Productivity Commission Act 1998 to refer the recommendation to the Productivity Commission for inquiry and report.
(1A) Action shall not be taken under paragraph (1)(e) or (f) in respect of a target recommendation unless the Council, upon being consulted in accordance with paragraph (1)(b), has unanimously recommended that the action be taken.
(2) Where the Authority takes action under paragraph (1)(e) or (f) 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.
20
Declaration of target organisms
20 Declaration of target organisms
(1) Where the Authority, after:
(a) complying with the preceding provisions of this Part in relation to a target recommendation;
(b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and
(ba) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;
is satisfied:
(c) that organisms of the kind to which the recommendation relates are causing harm in the Australian Capital Territory;
(d) 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
(e) 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;
the Authority, subject to subsection (2), shall, by notice published in the Gazette, declare organisms of that kind to be target organisms for the purposes of this Act.
(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 paragraph (1)(ba), has unanimously recommended that the declaration be made.
Part III
Agent organisms
Part III—Agent organisms
21
Agent organisms
21 Agent organisms
(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.
(2) Action for the declaration of agent organisms in accordance with this Part may be commenced by:
(a) a unanimous recommendation made to the Authority by the Council; or
(b) an application under section 22.
22
Agent application
22 Agent application
(1) Where a person considers that the release of prescribed organisms of a particular kind would result in the control of:
(a) target organisms of a particular kind or kinds; or
(b) 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.
(2) An agent application shall be in writing signed:
(a) in the case of an application by a natural person—by the applicant; or
(b) in any other case—by a natural person authorized by the applicant to do so.
(3) An agent application in relation to organisms of a particular kind shall set out:
(a) particulars identifying the organisms;
(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
(c) such other particulars (if any) as are prescribed.
23
Withdrawal of agent application
23 Withdrawal of agent application
(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 subsection 24(1).
(2) The withdrawal of an agent application is to be effected by the making of a request for withdrawal to the Authority in writing signed:
(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
(b) in any other case—by the person who signed the application or by a person authorized by the applicant to sign the request.
24
Referral of agent application to Council
24 Referral of agent application to Council
(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.
(2) The Authority is not required to refer to the Council an agent application in respect of organisms of a particular kind if:
(a) other action to have them declared to be agent organisms is being, or has been, taken under this Act; or
(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 State law.
25
Notice of rejection of agent application
25 Notice of rejection of agent application
(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.
(2) A notice under subsection (1) shall:
(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
(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.
26
Notice of proposed agent organisms
26 Notice of proposed agent organisms
(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 may publish in such newspapers or journals as the Authority thinks appropriate, a notice that the Authority is contemplating declaring those organisms to be agent organisms.
(2) A notice under subsection (1) in relation to organisms of a particular kind (in this subsection referred to as the relevant organisms) shall:
(a) set out particulars identifying the relevant organisms;
(b) specify the organisms which it is intended to control by the release of the relevant organisms;
(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);
(d) state that the Council has unanimously recommended that the relevant organisms should be declared to be agent organisms;
(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
(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.
(3) Where the Authority publishes a notice 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 paragraph (2)(e).
(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 notice under subsection (1) relating to one of those kinds may be combined with a notice under that subsection relating to the other kind or kinds.
27
Consideration of submissions relating to agent organisms
27 Consideration of submissions relating to agent organisms
The Authority shall consider any submissions in response to an invitation referred to in paragraph 26(2)(f).
28
Inquiries relating to agent organisms
28 Inquiries relating to agent organisms
(1) Where the Authority, after:
(a) complying with sections 26 and 27 in respect of an agent recommendation;
(b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;
(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 VII in respect of a target recommendation or an inquiry conducted on behalf of a State); and
(d) 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:
(e) direct that an inquiry under Part VII be conducted in respect of the recommendation; or
(f) arrange for the Minister who administers the Industries Assistance Commission Act 1973 to refer the recommendation to the Industries Assistance Commission for inquiry and report.
(1A) Action shall not be taken under paragraph (1)(e) or (f) in respect of an agent recommendation unless the Council, upon being consulted in accordance with paragraph (1)(b), has unanimously recommended that the action be taken.
(2) An inquiry by virtue of paragraph (1)(e) or (f) 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 paragraph 19(1)(e) or (f), as the case may be, in respect of that target recommendation may be conducted as if they were one inquiry.
(3) Where the Authority takes action under paragraph (1)(e) or (f) 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.
29
Declaration of agent organisms
29 Declaration of agent organisms
(1) Where the Authority, after:
(a) complying with the preceding provisions of this Part in relation to an agent recommendation;
(b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and
(ba) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation;
is satisfied:
(c) that the release of organisms of the kind to which the recommendation relates (in this subsection referred to as the relevant organisms) could result in the control of target organisms of a particular kind or kinds in the Australian Capital Territory; and
(d) 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;
the Authority, subject to subsection (1A), shall, by notice published in the Gazette, declare the relevant organisms to be agent organisms for the purposes of this Act.
(1A) 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 paragraph (1)(ba), has unanimously recommended that the declaration be made.
(2) A notice 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:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be released.
Part IV
Special declarations of target organisms and agent organisms
Part IV—Special declarations of target organisms and agent organisms
30
Emergency declarations
30 Emergency declarations
(1) If the Authority is satisfied:
(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 the Australian Capital Territory;
(ii) are causing, or are likely to cause, harm in that Territory 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 that Territory;
(b) that the release of prescribed organisms that are not agent organisms would control the first‑mentioned organisms; and
(c) the release of the organisms of the second‑mentioned kind would not have any significant adverse effects;
the Authority, subject to subsection (1A), shall, by notice published in the Gazette, declare:
(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
(e) organisms of the second‑mentioned kind to be agent organisms for the purposes of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in respect of an organism unless:
(a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the declaration be made.
(2) A notice 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:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be released.
31
Declarations of existing released organisms
31 Declarations of existing released organisms
(1) If the Authority is satisfied that:
(a) before the commencement of this Act, prescribed organisms of a particular kind were released in the Australian Capital Territory for the purpose of the control, by biological means, of organisms of another kind in that Territory; and
(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;
the Authority, subject to subsection (1A), may, by notice published in the Gazette, declare:
(c) organisms of the second‑mentioned kind to be target organisms for the purposes of this Act; and
(d) organisms of the first‑mentioned kind to be agent organisms for the purposes of this Act.
(1A) The Authority shall not make a declaration under subsection (1) in respect of an organism unless:
(a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the declaration be made.
(2) A notice 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:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be released.
32
Notice of proposed declaration under section 31
32 Notice of proposed declaration under section 31
(1) Where the Authority is contemplating making a declaration under section 31, the Authority, subject to subsection (1A), may publish in the Gazette and in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating making that declaration.
(1A) The Authority shall not publish a notice under subsection (1) in respect of an organism unless:
(a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and
(b) the Council has unanimously recommended that the notice be published.
(2) A notice under subsection (1) shall:
(a) set out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms;
(b) set out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms;
(c) identify the occasions known to the Authority on which the organisms referred to in paragraph (b) were released; and
(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.
(3) Where the Authority publishes a notice under subsection (1) in relation to a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered any submissions in response to an invitation referred to in paragraph (2)(d) in relation to the declaration.
33
Inquiries relating to declarations under section 31
33 Inquiries relating to declarations under section 31
(1) Where the Authority:
(a) is contemplating making a declaration under section 31; and
(b) after:
(i) consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration;
(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 a State); 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;
the Authority may:
(c) direct that an inquiry under Part VII be conducted in respect of the contemplated declaration; or
(d) arrange for the Minister who administers the Industries Assistance Commission Act 1973 to refer the contemplated declaration to the Industries Assistance Commission for inquiry and report.
(1A) Action shall not be taken under paragraph (1)(c) or (d) in respect of a contemplated declaration unless the Council, upon being consulted in accordance with subparagraph (1)(b)(i), has unanimously recommended that the action be taken.
(2) Where the Authority takes action under paragraph (1)(c) or (d) for an inquiry in relation to 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.
34
Declaration of organisms declared under relevant State law
34 Declaration of organisms declared under relevant State law
(1) Where organisms of a particular kind are organisms that for the purposes of a relevant State law may be controlled by biological means, the Authority may, by notice published in the Gazette, declare those organisms to be target organisms for the purposes of this Act.
(2) Where:
(a) prescribed organisms of a particular kind are organisms that for the purposes of a relevant State law may be released to control other organisms; and
(b) those other organisms are target organisms;
the Authority shall, by notice published in the Gazette, declare those first‑mentioned organisms to be agent organisms for the purposes of this Act.
(3) A notice 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:
(a) conditions specifying the persons who may release those organisms; or
(b) conditions specifying the circumstances in which those organisms may be released.
Part V
Release of agent organisms
Part V—Release of agent organisms
35
Release of agent organisms
35 Release of agent organisms
(1) Subject to subsection (2), agent organisms may be released in the Australian Capital Territory.
(2) Where a notice under section 29, 30, 31 or 34 declaring organisms to be agent organisms specified conditions under which the organisms may be released, those organisms shall not be released otherwise than in accordance with those conditions.
36
No legal proceedings to be instituted in respect of release of agent organisms
36 No legal proceedings to be instituted in respect of release of agent organisms
(1) Subject to subsection (3), no action or other proceeding shall be instituted or continued in any court:
(a) to prevent the release of agent organisms in accordance with section 35;
(b) to recover damages in respect of any loss incurred, or any damage suffered, in a Territory by reason of the release of agent organisms in accordance with that section; or
(c) to recover damages in respect of any loss incurred, or any damage suffered, in a State by reason of the release of agent organisms in accordance with that section.
(2) If, at the time at which organisms of a particular kind were declared under section 29, 30, 31 or 34 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:
(a) releasing organisms of that kind in the Australian Capital Territory in accordance with section 35; or
(b) doing anything to assist or further the release of organisms of that kind in that Territory in accordance with section 35.
(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 35 where:
(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms;
(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
(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.
Part VI
Biological control under State laws
Part VI—Biological control under State laws
37
Legal proceedings not to be instituted
37 Legal proceedings not to be instituted
(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 a Territory by reason of the release of organisms in accordance with a relevant State law.
(2) Subject to subsection (4), no action or other proceeding shall be instituted or continued in any court of a Territory:
(a) to prevent the release of organisms in accordance with a relevant State law; or
(b) to recover damages in respect of any loss incurred, or any damage suffered, in a State by reason of the release of organisms in accordance with a relevant State law.
(3) If, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant State 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 of a Territory in respect of that order in so far as the order purports to restrict a person from:
(a) releasing organisms of that kind in accordance with that law; or
(b) doing anything to assist or further the release of organisms of that kind in accordance with that law.
(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 State law where:
(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms;
(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
(c) in making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant State 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.
Part VII
Inquiries
Part VII—Inquiries
38
Commissions of inquiry
38 Commissions of inquiry
(1) Where, in accordance with paragraph 19(1)(e), 28(1)(e) or 33(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.
(2) Where there is more than one Commissioner, the Authority shall appoint one of the Commissioners to preside at the inquiry.
(3) A Commission established to conduct an inquiry shall inquire into:
(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;
(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
(c) any other relevant matters that the Commission considers it should inquire into.
(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.
(5) When the Authority appoints a Commissioner or Commissioners to be a Commission, the Authority may nominate a day as the 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.
(6) The Commission shall not make public any evidence or matters in respect of which directions have been given under paragraph 41(2)(b) or matters the publication of which is excepted from subsection 41(5).
(7) Subject to this Act, a Commission is not subject to directions by the Authority, or otherwise by or on behalf of the Government of the Commonwealth, in or in relation to the conduct of an inquiry.
39
Remuneration of Commissioners
39 Remuneration of Commissioners
(1) A Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, a Commissioner shall be paid such remuneration as is prescribed.
(2) A Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
40
Notice of inquiries
40 Notice of inquiries
Before a Commission commences an inquiry, the Commission shall give reasonable notice, by advertisement published in the 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.
41
Procedure at inquiries
41 Procedure at inquiries
(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.
(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:
(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
(b) give directions prohibiting or restricting the publication of evidence given before the Commission or of matters contained in documents lodged with the Commission.
(3) 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.
(4) 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.
(5) Where evidence is given to a Commission by a written statement in accordance with subsection (3) or (4), 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.
(6) Subject to this section and the regulations:
(a) the procedure to be followed at an inquiry by a Commission is within the discretion of the Commission; and
(b) a Commission is not bound by the rules of evidence.
42
Power to summon witnesses
42 Power to summon witnesses
A 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.
43
Failure of witness to attend
43 Failure of witness to attend
(1) A person served with a summons to appear as a witness at an inquiry by a Commission shall not:
(a) fail to attend as required by the summons; or
(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.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
44
Power to administer oath or affirmation
44 Power to administer oath or affirmation
A Commissioner may administer an oath or affirmation to a person appearing as a witness before the Commission.
45
Refusal to be sworn or to answer questions
45 Refusal to be sworn or to answer questions
(1) A person appearing as a witness at an inquiry by a Commission shall not:
(a) refuse or fail to be sworn or to make an affirmation; or
(b) refuse or fail to answer a question that the person is required to answer by the Commissioner presiding at the inquiry; or
(c) refuse or fail to produce a document that the person was required to produce by a summons under this Act served on him or her.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
46
Protection of Commissioners and witnesses
46 Protection of Commissioners and witnesses
(1) A Commissioner has, in the performance of the duties of a Commissioner, the same protection and immunity as a Justice of the High Court.
(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 High Court.
47
False or misleading evidence
47 False or misleading evidence
(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.
(2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by imprisonment for a period not exceeding 2 years or by a fine not exceeding 50 penalty units, or both.
(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.
(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 imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both.
48
Contempt of Commission
48 Contempt of Commission
(1) A person shall not:
(a) obstruct or hinder a Commission or a Commissioner in the conduct of an inquiry; or
(b) disrupt a hearing before a Commission.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2) An offence against subsection (1) is punishable on summary conviction.
49
Powers of Commission in relation to documents produced
49 Powers of Commission in relation to documents produced
(1) A Commissioner, or a person assisting a Commission and authorized 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.
(2) Books or documents so furnished may be retained by the Commission for such reasonable period as the Commission thinks fit.
50
Allowances to witnesses
50 Allowances to witnesses
A witness summoned under this Act to appear at an inquiry by a Commission is entitled to be paid by the Commonwealth such allowances for the witness’s travelling and other expenses as are prescribed.
51
Witness not to be prejudiced
51 Witness not to be prejudiced
(1) A person shall not:
(a) use violence to or inflict injury on;
(b) cause or procure violence, damage, loss or disadvantage to; or
(c) 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.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2) Without limiting the generality of subsection (1), an employer shall not:
(a) dismiss an employee from his or her employment, or prejudice an employee in his or her employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a Commission; or
(b) dismiss, or threaten to dismiss, an employee from his or her employment or prejudice, or threaten to prejudice, an employee in his or her employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a Commission.
Penalty:
(a) if the offender is a natural person—imprisonment for 12 months or 20 penalty units, or both; or
(b) if the offender is a body corporate—100 penalty units.
(3) In any proceedings arising out of subsection (2):
(a) if it is established that the employee was dismissed from, or prejudiced in, his or her employment and that, before he or she was so dismissed or prejudiced, he or she 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 dismissed or prejudiced by reason that he or she so appeared as a witness or gave evidence; or
(b) if it is established that the employee was dismissed, or threatened with dismissal, from his or her employment, or was prejudiced, or threatened with prejudice, in his or her employment and that, before he or she was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he or she 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 he or she proposed so to appear as a witness or to give evidence.
Part VIII
Miscellaneous
Part VIII—Miscellaneous
52
Act not to render other controls illegal
52 Act not to render other controls illegal
Subject to subsection 35(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.
53
Revocation of declarations
53 Revocation of declarations
(1) The Authority may, by notice published in the Gazette, revoke a declaration made under this Act where the Council has unanimously approved of that action being taken.
(2) Where:
(a) the Authority revokes a declaration declaring organisms of a kind to be target organisms; and
(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;
the Authority shall revoke the declaration declaring those last‑mentioned organisms to be agent organisms.
54
Declarations continue in operation
54 Declarations continue in operation
Where a declaration in relation to agent organisms is in force, those organisms may be released in accordance with section 35 notwithstanding the length of the period of time that has elapsed since the last release of those organisms took place.
55
Service of documents on Authority
55 Service of documents on Authority
Where a person is entitled by this Act to make an application to the Authority or to submit particulars to the Authority, the person shall do so by causing the application or particulars to be lodged at the principal office of the Department in Canberra.
56
Application for review
56 Application for review
(1) Application may be made to the Administrative Review Tribunal for review of:
(a) a decision of the Authority for the purposes of section 19 not to hold an inquiry; or
(b) a decision of the Authority for the purposes of section 20, being a decision that is inconsistent with a finding or recommendation of a Commission referred to in Part VII or the Industries Assistance Commission; or
(c) a decision of the Authority under section 26 not to publish a notice in any newspaper or journal; or
(d) a decision of the Authority for the purposes of section 28 not to hold an inquiry; or
(e) 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 VII or the Productivity Commission; or
(f) a decision of the Authority for the purposes of section 30; or
(g) a decision of the Authority for the purposes of section 31, being a decision that is inconsistent with a finding or recommendation of a Commission referred to in Part VII or the Industries Assistance Commission; or
(h) a decision of the Authority for the purposes of section 33 not to hold an inquiry; or
(j) a decision of the Authority under section 53 to revoke a declaration.
(2) In subsection (1), decision has the same meaning as in the Administrative Review Tribunal Act 2024.
57
Regulations
57 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the Biological Control Act 1984.
2 Interpretation
2 Interpretation
(1) In this Act, unless the contrary intention appears:
agent application means an application under section 22.
agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 29, 30, 31 or 34, 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 subsection 4(1) is in force.
Authority means the Commonwealth Biological Control Authority established by section 8.
control, in relation to organisms, includes:
(a) reduce the number of those organisms;
(b) prevent an increase in the number of those organisms;
(c) reduce the activity or appetite of some or all of those organisms; and
(d) modify the behaviour or characteristics of some or all of those organisms.
Council means:
(a) if there is a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to agriculture—that body; or
(b) otherwise—a body prescribed by the regulations for the purposes of this paragraph.
kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub‑species or variety.
organism means:
(a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
(b) a part of, or matter discharged from, an organism within the meaning of paragraph (a); or
(c) a virus or a sub‑viral agent.
organization includes:
If the Authority is satisfied on statutory criteria, it must declare organisms to be target organisms (s 20) or agent organisms (s 29) by Gazette notice. Those criteria include findings that the organisms are causing harm (target) or that release of prescribed organisms could effect control (agent), that they are controllable by biological means (target s 20(1)(d)), or that release would not cause significant harm or that any harm would be significantly less than the harm from failing to control (ss 20(1)(e), 29(1)(d)). Declarations may be subject to conditions specifying who may release agent organisms and under what circumstances (ss 29(2), 30(2), 31(2), 34(3)). Declared agent organisms may then be released in the Australian Capital Territory in accordance with the Act and any conditions attached (s 35).
The Act also constrains legal proceedings: generally, actions in court to prevent releases or to recover damages arising from releases carried out in accordance with the Act or a relevant State law are barred (ss 36(1), 37(1)-(2)), subject to carve‑outs where releases have significant adverse effects that were foreseeable to persons with recognised expertise and where the Authority or State authority did not take such risks into account (ss 36(3), 37(4)). The Act makes provision for inquiries (Part VII), including powers to summon witnesses, take evidence, and penalise non‑compliance (ss 38-51). The Criminal Code’s general chapter on criminal responsibility applies to offences under the Act (s 6A). The Authority may revoke declarations, subject to unanimous Council approval (s 53). The Governor‑General may make regulations (s 57).
In short, the Act creates a centralised federal decision pathway operated by the Authority in close consultation with a ministerial Council; it prescribes procedural safeguards (public notices, submissions, inquiries) and legal consequences for both enabling release and limiting court remedies, while preserving interaction with State biological control regimes through “relevant State laws” (s 9) and s 34 declarations.
Main concepts
The Act defines and organises a small set of core concepts that determine who may act, what may be declared and how biological control is to be authorised and implemented.
Organism and prescribed organisms. “Organism” is defined broadly to include any organism (alive or dead) other than humans, parts or matter discharged from such organisms, viruses and sub‑viral agents (s 2, definition of organism). “Prescribed organisms” are defined as live organisms or viruses or sub‑viral agents but explicitly exclude live vaccines and resistant cultivars (s 2, definition of prescribed organisms). This definitional scope determines what kinds of biological agents can be declared and released under the Act.
Target organisms and agent organisms. A “target organism” is an organism declared to be such under Part II; it is an organism the Authority has accepted is causing harm and is, or is likely to be, controllable by biological means (s 12, s 20). An “agent organism” is a prescribed organism declared under Part III to be an organism that could be released to control target organisms (s 21, s 29). The Act establishes separate procedures for declaring each, but links them operationally: agent declarations are framed around the potential to control target organisms (s 22(1)(a)).
Control and biological control. “Control” is defined to include reducing numbers, preventing increase, reducing activity or appetite, and modifying behaviour or characteristics (s 2, definition of control). “Biological control” is defined in s 3: organisms are treated as controllable by biological means only if they can be controlled by release of prescribed organisms of another kind. This narrows the Act’s operative scope to releases of biological agents rather than other control methods.
Authority and Council. The Commonwealth Biological Control Authority is the Minister who is for the time being a member of the Council (s 8). The Council is defined as a ministerial body consisting of the Commonwealth Minister, each State and Territory Minister and a New Zealand Minister responsible for agriculture (s 2, definition of Council), or a body prescribed by regulation if such a body does not exist. Decisions of the Council, particularly recommendations and approvals, have special treatment in the Act (s 2(4A) on unanimous effects and s 20(2), s 29(1A) requiring unanimous Council recommendation for declarations in many cases).
Relevant State laws. The Act allows the Authority to declare State laws that provide for biological control and establish a similar authority to be “relevant State laws” (s 9), permitting coordinated mutual recognition of declarations (s 34) and extending legal immunities for releases conducted under such State laws (Part VI).
Public process and inquiry. The Act establishes a public process of notices and submissions (ss 17-18, 26-27), and provides for formal inquiries under Part VII where the Authority considers additional investigation is required (ss 19, 28, 33, 38). Commissions have broad investigatory powers (ss 42-49) and can report publicly (s 38(4)) subject to confidentiality directions (s 41(2)).
Legal consequences and protections. Declarations permit releases (s 35), and the Act limits civil and injunctive proceedings against releases made in accordance with the Act or relevant State laws (ss 36-37). There are, however, explicit exceptions for significant adverse effects foreseeable to experts where risk was not taken into account by the Authority or State authority (ss 36(3), 37(4)). The Crown is bound by the Act but not subject to prosecution under it (s 6(1)-(2)). The Criminal Code’s Chapter 2 applies to offences (s 6A).
Together, these concepts form a decision architecture: applicants or the Council trigger consideration; the Council’s unanimous recommendations unlock public notice and declaration steps; the Authority (a Minister) makes declarations that can authorise releases under specified conditions; inquiries and legal immunities/limits safeguard and constrain outcomes.
Who it affects
This Act allocates decision‑making authority and consequences across federal ministers, State and Territory ministers, applicants, the public, scientists, and private parties who may be affected by releases.
The Authority and the Council. The primary decision‑maker is the Commonwealth Biological Control Authority, which is not a separate statutory agency but the Minister who is for the time being a member of the Council (s 8). The Council is a ministerial body that, on the face of the Act, includes the Minister of the Commonwealth, the Minister of each State and Territory and a Minister of New Zealand responsible for agricultural matters (s 2, definition of Council). This places the substantive power to recommend (often unanimously) with a group of ministers. The Authority must consult and, in many cases, act only after unanimous Council recommendation (see ss 19(1A), 20(2), 29(1A), 30(1A), 31(1A), 32(1A), 33(1A), 53(1)).
Applicants and objectors. Any person who considers that target organisms are causing harm in the Australian Capital Territory may apply to declare them targets (s 13(1)). Any person who considers a prescribed organism would control a target organism may apply for agent declaration (s 22(1)). Applicants must include specified particulars and sign the application (ss 13(2)-(3), 22(2)-(3)). Members of the public and interested parties can make written submissions in response to published notices (ss 17(3)(f), 26(2)(f)) and may inspect copies of the applications where the Authority so provides (ss 17(3)(e), 26(3)).
Scientists and persons with special knowledge. The Act’s exception to the limitation on civil liability hinges on whether persons in Australia having a reputation for special knowledge of the biology of the organisms knew or had reasonable grounds to expect that a release could have significant effects (ss 36(3)(b), 37(4)(b)). This allocates an evidentiary and normative role to scientific experts in establishing foreseeability and potential liability.
Landholders, industry and the public in the Australian Capital Territory. The Act permits releases in the Australian Capital Territory (s 35). Releases authorised by the Authority potentially affect landholders, agricultural producers, conservation interests and the general public in that Territory. The Act’s notice and submissions process and its inquiry provisions create mechanisms for those affected to present evidence and seek inquiry (ss 17-19, 26-28).
State authorities and laws. State laws that provide for biological control and establish similar authorities may be declared “relevant State laws” by Gazette notice (s 9). Where organisms are declared under a relevant State law, the Authority may declare the same organisms to be target or agent organisms for federal purposes (s 34). Releases under relevant State laws in connection with such declarations attract the legal protections and limitations set out in Part VI (s 37).
Courts and litigants. The Act limits the availability of court remedies to prevent releases or to recover damages for releases made under the Act or relevant State laws (ss 36(1), 37(1)-(2)). Courts remain available for claims that fall within the carve‑outs for significant harms that were foreseeable and not considered by the Authority or State authority (ss 36(3), 37(4)). The Act also provides enforcement powers for commissions conducting inquiries, including the ability to summons witnesses and documents, with penal sanctions for non‑compliance (ss 42-45, 43(1)-45(1)).
The Commonwealth and its agencies. The Act binds the Crown (s 6(1)), but provides that the Crown is not liable to be prosecuted for an offence under the Act (s 6(2)). Administrative costs of inquiries, remuneration of Commissioners and witness allowances are payable by the Commonwealth as prescribed (ss 39, 50). The Authority may delegate powers (s 10), but key powers (including declarations and revocations) may not be delegated (s 10(1)(a)).
Employers and witnesses. The Act protects witnesses from reprisals (s 51). Employers face an evidential burden where a worker is dismissed or prejudiced after giving evidence to an inquiry (s 51(3)), and specific penalties apply to employers or individuals who punish witnesses (s 51(2)).
In practical terms, the Act places decision rights primarily with ministers (via the Council and the Authority), procedural and participation rights with applicants and members of the public (application, submission and perusal rights under ss 13-18, 22-27), allocates investigatory powers to appointed Commissions (Part VII), and limits legal exposure for authorised releases while providing a defined exception for significant, foreseeable ecological harms (ss 36-37).
Key duties and rights
This section summarises the statutory duties imposed on the Authority, the Council and other parties, and the corresponding rights of applicants, the public, witnesses and affected persons.
Duties of the Authority
Referral duty. Where the Authority receives an application for declaration of target organisms or agent organisms, it must refer the application to the Council unless excluded by specific circumstances (ss 15(1), 24(1); exclusions at ss 15(2), 24(2)).
Publication and notice. When the Council unanimously recommends, the Authority must publish in the Gazette and in appropriate newspapers or journals a notice that it contemplates declaring organisms to be target or agent organisms, with required particulars and an invitation for submissions (ss 17(1)-(3), 26(1)-(2)).
Consider submissions. The Authority must consider submissions made in response to the public notices (ss 18, 27).
Inquiry power and requirement to await inquiry. If the Authority considers there is evidence of potential adverse effects and an adequate inquiry has not been held, it may direct inquiry under Part VII or seek inquiry via specified national commissions; action of this kind requires unanimous Council recommendation (ss 19(1)(e)-(f), 19(1A), 28(1)(e)-(f), 28(1A), 33(1)(c)-(d), 33(1A)). The Authority must not proceed with declaration while such an inquiry is pending (ss 19(2), 28(3), 33(2)).
Declaration and revocation. Where the statutory criteria are satisfied and unanimous Council recommendation has been obtained where required, the Authority shall declare organisms to be target organisms (s 20(1) and (2)) or agent organisms (s 29(1) and (1A)) by Gazette notice. The Authority may revoke declarations where the Council unanimously approves of the revocation (s 53(1)-(2)).
Conditions on declarations. The Authority may include conditions in notices declaring agent organisms, including specifying who may release them and circumstances of release (s 29(2); similar provisions at ss 30(2), 31(2), 34(3)).
Duties of the Council
Consideration and recommendation. The Council reviews applications referred by the Authority and may recommend unanimously to the Authority that organisms be declared as target or agent organisms (ss 12(2), 21(2), 17(1), 26(1)).
Unanimity and consultations. The Act repeatedly requires unanimous Council recommendations for key actions , declarations, emergency declarations, inquiry referrals, revocations (see s 2(4A) and the specific unanimity requirements scattered through ss 19, 20, 28, 29, 30, 31, 32, 33, 53).
Rights and duties of applicants and the public
Application content and signature. Applicants must lodge written applications containing prescribed particulars identifying organisms and reasons, and the application must be signed by the applicant or an authorised natural person (ss 13(2)-(3), 22(2)-(3)).
Withdrawal. Applicants may withdraw an application at any time before it is referred to the Council (ss 14(1), 23(1)), by signed written request (ss 14(2), 23(2)).
Perusal and submission rights. When the Authority publishes a notice, copies of the application must be made available for perusal where indicated, and the public has six weeks (or an extended period allowed by the Authority) to lodge written submissions supporting or objecting to the proposed declaration (ss 17(3)(e)-(f), 26(2)(e)-(f), 17(3)(f), 26(2)(f)).
Administrative review. Certain decisions of the Authority are reviewable by the Administrative Review Tribunal as set out in s 56(1). These include decisions not to hold inquiries under specified sections, decisions inconsistent with commission findings where applicable, decisions not to publish notices, emergency decisions, and revocations (s 56(1)(a)-(j)).
Duties and rights pertaining to inquiries
Commissions’ remit. Commissions must inquire into benefits and disadvantages of declarations from a broad community viewpoint and any matters unanimously approved by the Council as directed by the Authority (s 38(3)).
Procedure and evidence. Inquiries are generally public, evidence is taken on oath or affirmation, but the Commission may conduct private hearings or restrict publication for confidentiality reasons (s 41(1)-(2)). Commissions are not bound by rules of evidence (s 41(6)(b)).
Powers to summon. Commissioners may summon witnesses and compel production of books and documents (s 42). Failure to comply attracts criminal penalties (ss 43-45).
Protections for witnesses. Witnesses have protection and immunity equivalent to witnesses in High Court proceedings; they are protected from reprisals by others, including employers, with specific penalties and an evidential onus on employers if dismissal or prejudice is alleged (ss 46, 51).
Legal consequences of declaration and release
Release rights. Declared agent organisms may be released in the Australian Capital Territory subject to any conditions in the declaration (s 35(1)-(2)).
Limits on legal proceedings. Generally, actions to prevent release or to recover damages for releases carried out in accordance with the Act or relevant State laws are barred (ss 36(1), 37(1)-(2)), with the statutory exceptions for significant, foreseeable adverse effects as noted above (ss 36(3), 37(4)).
Other procedural duties
Service and lodgement. Applications and particulars are to be lodged at the principal office of the Department in Canberra (s 55).
Regulations. The Governor‑General may make regulations to prescribe matters required by the Act (s 57).
These duties and rights structure the administrative process: applicants supply specified information and have withdrawal and participation rights; the Authority has specific publication, consideration and inquiry duties; the Council’s unanimous recommendations gate many actions; and inquiries have statutory powers and protections that apply to witnesses and participants.
Penalties and enforcement
The Act provides a combination of coercive powers for inquiries (summons, oath, production), criminal penalties for non‑compliance with inquiry directions, protections for witnesses (and penalties for reprisals), and statutory limits on civil proceedings for releases made under the Act or relevant State laws.
Inquiries: compulsion and criminal sanctions
Summons and production. Commissioners may summon persons to attend, give evidence, and produce books and documents (s 42). The Act grants a Commission authority to inspect and copy documents produced (s 49).
Failure to attend. A person served with a summons must not fail to attend or to appear from day to day as required, unless excused or released by or on behalf of the Commission (s 43(1)). The penalty for contravention is imprisonment for 6 months or 10 penalty units, or both. The offence is strict liability (s 43(3)) but does not apply where the person has a reasonable excuse (s 43(2)), with the evidential burden falling on the defendant (see note under s 43(2)).
Refusal to be sworn or to answer or produce documents. A witness must not refuse to be sworn or to answer questions required by the Commissioner, nor refuse to produce documents required by a summons (s 45(1)). Penalty: imprisonment for 6 months or 10 penalty units, or both. Again, the offence is strict liability and a reasonable excuse is a defence on which the defendant bears an evidential burden (s 45(2)-(3)).
False or misleading evidence. Giving evidence known to be false or misleading in a material particular before a Commission is an indictable offence punishable by up to 2 years imprisonment or a fine not exceeding 50 penalty units, or both (s 47(1)-(2)). The Act allows summary disposition by a court of summary jurisdiction with maximum penalties on summary conviction of 12 months imprisonment or a fine not exceeding 20 penalty units, or both (s 47(3)-(4)).
Contempt and obstruction. A person must not obstruct or hinder a Commission, nor disrupt a hearing (s 48(1)). Penalty on summary conviction: imprisonment for 12 months or 20 penalty units, or both (s 48(1)-(2)).
Witness protections and employer liability
Protection from reprisals. It is an offence to use violence, procure violence or damage or punish a witness for appearing or giving evidence at an inquiry (s 51(1)). Penalty: imprisonment for 12 months or 20 penalty units, or both (s 51(1) penalty). Employers are explicitly prevented from dismissing or prejudicing an employee for appearing or proposing to appear as a witness (s 51(2)(a)-(b)). If the offender is a natural person, penalty is imprisonment for 12 months or 20 penalty units, or both; if a body corporate, the penalty is 100 penalty units (s 51(2)). In proceedings under s 51(3) the employer bears the onus of proving the dismissal or prejudice was not caused by the employee’s appearance or proposed appearance.
Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences under the Act (s 6A), meaning the general principles of criminal responsibility in the Criminal Code apply to offences set out in the Act. Notes in the Act point readers to the Criminal Code for matters such as strict liability and evidential burdens in the context of inquiry offences (see notes under ss 43 and 45).
Limits on civil proceedings
Barrier to court actions. The Act generally bars actions or other proceedings to prevent the release of agent organisms made in accordance with section 35, and to recover damages for losses suffered in a Territory or State as a result of releases carried out under the Act (s 36(1)). Section 37 extends similar protection to releases carried out in accordance with a relevant State law. Where an existing court order existed at the time a declaration was made, that order cannot be used to prohibit releases to the extent it purports to prohibit releases in the ACT or to restrict actions assisting releases (s 36(2), s 37(3)). These provisions subject court remedies to statutory limits.
Carve‑outs for significant and foreseeable harm. The Act preserves the availability of actions to recover damages where the loss or damage was the result of the release having had a significant effect on other organisms, and where persons in Australia with a reputation for special knowledge knew or had reasonable grounds to expect such an effect, and the Authority (or State authority where relevant) failed to take that factor into account when making the declaration (ss 36(3)(a)-(c), 37(4)(a)-(c)). This creates a legal pathway for liability where serious and foreseeable ecological harm occurs and was not assessed by the decision‑maker.
Enforcement of Commission findings and powers
Inspection and retention of documents. Commissioners and authorised persons may inspect, copy, and retain books or documents furnished for the inquiry for a reasonable period (s 49). The Commission may direct limited publication to protect confidentiality (s 41(2)).
Remuneration and allowances. The Commonwealth pays remuneration to Commissioners and allowances to witnesses under the Act (ss 39-40, 50). These payment obligations are administrative enforcement mechanisms, ensuring the Commission can operate and witnesses are not out of pocket.
Other enforcement provisions
Binding the Crown. The Act binds the Crown (s 6(1)) but does not make the Crown liable to be prosecuted for an offence under the Act (s 6(2)). This limits criminal enforcement in relation to Commonwealth actions.
Administrative review. Certain decisions of the Authority are reviewable to the Administrative Review Tribunal (s 56(1)), providing an administrative enforcement and review channel for parties seeking to challenge specified Authority decisions.
Overall, enforcement under the Act is a blend of administrative process with statutory compulsion for inquiries and narrow criminal provisions to ensure cooperation, together with statutory protection from civil suits for authorised releases, subject to a targeted exception for significant, foreseeable harms not accounted for by the Authority or State authority.
How it interacts with other laws
The Act is drafted to operate alongside Commonwealth and State laws, setting boundaries for interaction, mutual recognition, and conflict avoidance.
Saving of other Commonwealth and Territory laws
The Act expressly states it is in addition to, and not in derogation of or substitution for, any other Commonwealth law or law of an external Territory (s 5(1)). This provision directs courts and administrators to read the Act alongside other Commonwealth instruments rather than as a complete code displacing others.
Interaction with other specified federal environmental and biosecurity laws
The Act expressly states it shall not be read as authorising acts in contravention of the Biosecurity Act 2015 or Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (s 5(2)). That provision limits the operative effect of the Act by reference to those specific federal regimes, indicating that biosecurity controls and certain environmental provisions continue to operate and may impose constraints on release activities even where the Act authorises them.
Integration with the Criminal Code and administrative review regimes
Chapter 2 of the Criminal Code applies to offences against this Act (s 6A). This means the general principles of criminal responsibility and associated evidential regimes in the Criminal Code will apply to the Act’s offence provisions.
The Act grants review rights to the Administrative Review Tribunal in relation to a specified set of Authority decisions (s 56(1)). Section 56(2) defines “decision” as in the Administrative Review Tribunal Act 2024, linking the administrative review process under the Tribunal’s Act to decisions made under this Act.
State laws and “relevant State laws”
Declaration of relevant State law. Where a State law provides for biological control and establishes a similar authority, the Authority may declare that law to be a “relevant State law” for the purposes of the Act, but only with written consent of the advising State Minister (s 9(1)-(2)). A declaration ceases to have effect if the State law ceases to meet the description (s 9(3)). This creates a mechanism for federal recognition of State biological control regimes.
Declaration based on relevant State law. Where organisms are declared under a relevant State law to be controllable by biological means, the Authority may declare them target organisms for federal purposes (s 34(1)). Where prescribed organisms are declared by relevant State law to be releasable to control other organisms, and those other organisms are target organisms, the Authority shall declare the prescribed organisms to be agent organisms (s 34(2)). These provisions create mutual recognition whereby State findings can form the basis for federal declarations, and vice versa.
Immunity for State law releases. Part VI limits legal proceedings to restrain or recover damages for releases carried out in accordance with a relevant State law (s 37), mirroring the protections the Act affords to releases authorised under the Act itself (s 36). Again the Act preserves exceptions for significant effects that were foreseeable and not taken into account by the State authority (s 37(4)).
Referral to federal economic/inquiry bodies
The Authority may, in specified circumstances, arrange for recommendations to be referred to the Productivity Commission (for target recommendations, s 19(1)(f)) or the Industries Assistance Commission (for agent recommendations, s 28(1)(f); s 28 refers to the Industries Assistance Commission Act 1973). This inserts the national economic inquiry bodies into the decision pathway where the Authority considers economic or broader impacts warrant such review.
Priority of the Act relative to other controls
The Act contains an express provision that, subject to s 35(2), nothing in the Act renders unlawful any release of organisms for biological control if that release would be lawful apart from the Act (s 52). This means the Act is not intended to criminalise lawful activities that would otherwise be permitted.
Delegation and limits
The Authority may delegate many of its powers to Departmental officers (s 10), but specific powers are non‑delegable, including powers relating to declaring organisms and the power of delegation itself (s 10(1)(a)). This affects how the Act’s powers interact with ordinary departmental administrative arrangements.
Practical implications of these interactions
The Act sits within a web of federal biosecurity and environmental laws and is explicitly not a licence to breach those laws (s 5(2)). It provides recognition mechanisms for State declarations (ss 9, 34) and parallel immunities from court actions while preserving carve‑outs for significant, foreseeable ecological harms. It also harnesses national inquiry bodies where broader economic or public interest considerations arise (ss 19, 28). Administratively, the non‑delegable nature of key powers (s 10(1)(a)) and the statutory requirement to consult and obtain unanimous Council recommendations in many cases mean that State and Commonwealth executive actors remain tightly involved in decisions the Act enables.
Amendment history
The text supplied is the operative text of the Biological Control Act 1984 as provided; the Act’s short title is recorded at s 1. The supplied text contains cross‑references to later Commonwealth statutory instruments, for example the Biosecurity Act 2015 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (s 5(2)), the application of the Criminal Code (s 6A) and a reference to the Administrative Review Tribunal Act 2024 for the meaning of “decision” in the context of s 56(2). Those cross‑references indicate points of statutory interface between this Act and later Commonwealth statutes but do not, within the supplied text, include an express schedule of amendments, dates of amendments, or a redline history showing when particular provisions were inserted or altered.
The Act itself contains provisions that anticipate later or external administrative instruments: it empowers the Governor‑General to make regulations (s 57), contemplates the existence of a Council which might be prescribed by regulation if a body does not exist as described in s 2, and provides for procedural delegation to Departmental officers subject to enumerated non‑delegable powers (s 10). The Act includes notes that refer to external statutes (for example, notes under ss 6A, 43 and 45 pointing to the Criminal Code). Section 56(2) links the term “decision” to the Administrative Review Tribunal Act 2024, showing the Act’s administrative review gateway is tied to the Tribunal’s statutory definition of decision.
Because the supplied text contains no chronology or amendment schedule, readers requiring the formal amendment history, including dates of insertions and repeals, should consult the official legislative register or the Parliamentary counsel’s consolidated version to see any legislative changes made after enactment. The operative text as provided here must be read with the cross‑references in mind: certain procedural and substantive limits are framed by their relationship with the Biosecurity Act 2015, the Criminal Code, the specified environmental provisions and the Administrative Review Tribunal Act 2024 (s 5(2), s 6A, s 56(2)). The Act’s design accommodates integration with other Commonwealth and State frameworks via s 5(1) and s 9, but the supplied text does not map a timeline of legislative amendments.
Litigation history
The supplied text contains no judicial decisions or case citations. It does, however, create a statutory architecture that directly affects the litigation risks and pathways available to parties, which will in practice generate litigation at two principal interfaces.
First, the Act erects statutory bars to certain civil proceedings: actions to prevent releases or to recover damages for releases carried out in accordance with the Act or a relevant State law are generally prohibited (ss 36(1), 37(1)-(2)). These provisions will be the focus of litigation assessing the scope of the immunity and the reach of the exceptions contained in ss 36(3) and 37(4). Those exceptions allow claims where releases have had a significant effect on other organisms and where persons “in Australia having a reputation for special knowledge” knew or had reasonable grounds to expect such effects, and where the Authority or State authority did not take that factor into account (ss 36(3)(a)-(c), 37(4)(a)-(c)). Disputes are likely to arise about (a) what constitutes a “significant effect” on other organisms; (b) who qualifies as a person “in Australia having a reputation for special knowledge” and what knowledge or reasonable grounds are required; and (c) whether the Authority’s assessment “did not take into account” the relevant factor (which may involve examination of administrative records and scientific assessments). These are matters for courts if such exceptions are invoked, but the Act limits the initial availability of injunctive relief and creates potential statutory defences for authorised releases.
Second, Part VII provides for formal inquiries with compulsory powers (ss 38-49) and criminal penalties for non‑cooperation (ss 43-45, 47, 48). Litigation could arise in relation to the limits of Commission powers, claims of improper procedure, or challenges to use or disclosure of confidential materials (ss 41(2), 49(1)-(2)). The Act allows for administrative review of certain Authority decisions by the Administrative Review Tribunal (s 56(1)); those administrative review decisions could subsequently produce judicial review litigation in courts if Tribunal decisions or remediations are challenged, depending on the jurisdictional limits and appellate pathways in the Administrative Review Tribunal Act 2024 (s 56(2) links the definition of decision to that Act). The Act also cross‑references other federal bodies for inquiries (the Productivity Commission and the Industries Assistance Commission) under ss 19 and 28; findings by those bodies may be relevant in subsequent litigation concerning declaration decisions.
Finally, the Act binds the Crown (s 6(1)) but excludes the Crown from criminal prosecution under the Act (s 6(2)), which will constrain enforcement litigation directed at Commonwealth entities. The Act contains no recorded judicial determinations in the supplied text, and readers should consult court databases and consolidated legislative versions for any reported litigation that has interpreted these provisions.
Because the supplied text contains no case law or litigation references, this section limits itself to outlining the statutory gateways and likely dispute foci that would generate litigation: scope of statutory immunities and exceptions (ss 36-37), procedural fairness and adequacy of inquiry or assessment decisions (ss 17-20, 26-29, 38-49), and the interaction with other statutory regimes such as the Biosecurity Act 2015 and EPBC Act (s 5(2)). For authoritative litigation history, consult consolidated legislative annotations and court reporters.
Gotchas
The Act contains multiple procedural and substantive features that can create traps for applicants, administrators and affected parties if overlooked. The following are concrete operational items to watch for, grounded in the statutory text.
Unanimity requirement. Many of the Act’s critical moves require the Council’s unanimous recommendation or approval. Examples include making declarations under ss 20 and 29 (s 20(2), s 29(1A)), directing inquiries under ss 19, 28 and 33 (s 19(1A), s 28(1A), s 33(1A)), emergency declarations (s 30(1A)), declarations under s 31 (s 31(1A)), publication of contemplated declarations under s 32(1A), and revocation of declarations (s 53(1)). Practitioners should not assume a majority or ministerial consensus is sufficient; the statute repeatedly conditions action on unanimity.
Authority is a Minister. The “Authority” is not a multi‑member statutory agency but the Minister who is for the time being a member of the Council (s 8). This locates formal decision‑making in a political office rather than an independent technical regulator, which affects delegation (s 10) and administrative accountability.
Delegation limits. The Authority may delegate many powers to Departmental officers (s 10), but specific powers are expressly non‑delegable, including declarations and revocation powers and the power of delegation itself (s 10(1)(a)). An applicant or affected party should confirm whether an action was taken by a properly authorised decision‑maker and whether the relevant power was non‑delegable.
Narrow public consultation windows and perusal rights. Notices must be published in the Gazette and in at least one newspaper in each State and the Australian Capital Territory (s 17(1)-(2)), and the public is given six weeks to lodge written submissions except where the Authority allows a different period (ss 17(3)(f), 26(2)(f)). Copies of applications may be made available for perusal only at places specified in the notice (ss 17(3)(e), 26(2)(e)-(3)). Missing the six‑week window or the advertised perusal location can materially restrict participatory rights.
Interaction with biosecurity and environmental law. The Act explicitly does not authorise acts that contravene the Biosecurity Act 2015 or Part 13A of the EPBC Act (s 5(2)). A declaration under this Act does not displace statutory controls under those regimes; compliance obligations under those Acts remain.
Legal immunity is not absolute. Sections 36 and 37 bar certain suits but include a specific exception where releases have significant effects on other organisms and those effects were known or reasonably foreseeable to recognised experts in Australia, and where the Authority (or State authority) did not take those risks into account (ss 36(3)(a)-(c), 37(4)(a)-(c)). The statutory test involves factual questions about foreseeability, expertise and the decision‑maker’s consideration, which can be technical and evidentially demanding.
Emergency and retrospective declarations have extra checks. Emergency declarations (s 30) and declarations in respect of organisms released prior to commencement of the Act (s 31) require prior consultation and unanimous Council recommendation (s 30(1A), s 31(1A)), and in some cases the Authority may only contemplate a declaration after such consultation (s 32(1A)). Do not assume emergency powers bypass ministerial consensus.
Service and lodgement formalities. Applications must be lodged at the principal office of the Department in Canberra (s 55). Failure to comply with this procedural requirement could be fatal to the validity or timeliness of the application.
Inquiry evidentiary and confidentiality risks. Commissions are not bound by the rules of evidence (s 41(6)(b)), and can conduct hearings in private or restrict publication (s 41(2)). Sensitive material may be subject to confidentiality directions, limiting public scrutiny.
Penalties for non‑cooperation and reprisals. Non‑attendance, refusal to answer or produce documents and obstruction attract criminal penalties (ss 43-45, 48). Conversely, reprisals against witnesses are criminalised with significant penalties and an evidential onus on employers in dismissal cases (s 51(2)-(3)). Parties should plan for both compliance obligations and protections.
State law recognition requires consent and meeting of criteria. A State law must (a) provide for biological control and (b) establish an authority similar in powers and functions to the Authority before the federal Authority can declare that State law to be a “relevant State law”; and the State Minister must consent in writing (s 9(1)-(2)). Practically, that requires political and legal alignment across governments.
Criminal Code applies. The general principles of criminal responsibility in the Criminal Code apply to offences under this Act (s 6A), meaning that issues of fault, strict liability, and evidential burdens will be interpreted under the Criminal Code’s rules and may differ from plain statutory language.
No compensation mechanism in the Act. The Act contemplates the possibility of assistance to persons where declarations are made (s 38(3)(b) allows the Commission to inquire into whether assistance should be given), but it does not itself create a statutory compensation scheme for losses arising from authorised releases. Where damages are barred by ss 36 or 37, affected parties may be left without statutory civil recourse unless the narrow exceptions apply.
These are procedural and substantive features that, if not accounted for, can materially affect outcomes for applicants, ministers, affected persons and operators considering release activities under the Act.
How to comply
The Act creates a defined administrative pathway for seeking declarations and for carrying out releases lawfully; compliance requires attention to application content, procedural timing, consultation obligations and risk assessment. Below is a practical roadmap grounded in the statutory text.
Prepare the correct application
Target application. If you consider organisms cause harm in the Australian Capital Territory and are controllable by biological means, make a target application under s 13. The application must be in writing and signed by the applicant (if a natural person) or by an authorised natural person on behalf of the applicant (s 13(2)). It must set out particulars identifying the organisms, reasons they cause harm in the ACT, and reasons why they are, or are likely to be, controllable by biological means (s 13(3)(a)-(c)). Check for any prescribed particulars in regulations (s 13(3)(d) refers to prescribed particulars).
Agent application. If you consider the release of prescribed organisms would control target organisms, make an agent application under s 22. It must be in writing, signed, and set out particulars identifying the organisms and particulars of the possible ways release could control target populations (s 22(2)-(3)). Again check for any prescribed particulars.
Lodge properly and observe withdrawal windows
Lodgement. Applications and particulars must be lodged at the principal office of the Department in Canberra (s 55). Ensure correct address and administrative compliance to avoid invalidity or delay.
Withdrawal. You may withdraw an application at any time before it is referred to the Council (ss 14(1), 23(1)). Withdrawal must be in writing signed by the applicant or an authorised person (ss 14(2), 23(2)).
Expect referral and Council consideration
Referral. The Authority will ordinarily refer applications to the Council for consideration (ss 15(1), 24(1)), unless the Authority determines other action is being taken under the Act or a relevant State law applies (ss 15(2), 24(2)). Prepare for possible delay while the Authority and Council consider whether referral is necessary.
Council unanimity. Be aware that many outcomes (declarations, inquiries, emergency actions, revocations) require unanimous Council recommendation or approval (see ss 2(4A), 19(1A), 20(2), 29(1A), 30(1A), 31(1A), 32(1A), 33(1A), 53(1)). Engagement with State and Territory ministers or their offices may be necessary to secure unanimous support.
Public notice, perusal and submissions
Publication. If the Council unanimously recommends, the Authority will publish a notice in the Gazette and appropriate newspapers/journals, including at least one newspaper in each State and the ACT (ss 17(1)-(2), 26(1)-(2)). Notices must set out identifying particulars, reasons, benefits of non‑control where relevant, and where applications may be perused (ss 17(3), 26(2)).
Submission window. The public has six weeks from Gazette publication to lodge written objections or support (ss 17(3)(f), 26(2)(f)), although the Authority may allow a longer or shorter period. Ensure timely monitoring of the Gazette and relevant newspapers.
Perusal rights. If the recommendation followed an application, the Authority must advise where the application can be perused and make copies available at the specified place (ss 17(3)(e), 26(3)). Make arrangements for access if you need to view applications.
Anticipate inquiries
Inquiry triggers. If the Authority considers potential adverse effects have not been adequately investigated, it may direct a Part VII inquiry or arrange referral to the Productivity Commission or Industries Assistance Commission (ss 19(1)(e)-(f), 28(1)(e)-(f)). Before doing so the Authority consults the Council and requires unanimous Council recommendation to act under those inquiry powers (ss 19(1A), 28(1A)).
Participation rights. If an inquiry is directed, the Commission will advertise commencement (s 40) and hold hearings generally in public, subject to confidentiality directions (s 41). If you are a witness, prepare to give evidence on oath and for the Commission to be able to compel attendance and documents (ss 41-45, 42).
Evidence and documents. As a party to an inquiry, ensure documentary evidence is assembled and available for production; note that Commissioners may inspect and copy materials and may retain them for a reasonable period (s 49).
If declared, implement in accordance with conditions
Conditions on release. A declaration may include conditions limiting who may release agent organisms and the circumstances of release (s 29(2); similar at ss 30(2), 31(2), 34(3)). Comply strictly with any such conditions when releasing organisms.
Territory scope. The Act authorises releases in the Australian Capital Territory (s 35(1)) and links to State laws where relevant (Part VI). Releases outside the ACT require careful legal alignment with s 34 (recognition of relevant State law) and State regulatory frameworks.
Risk assessment and documentation
Foreseeability and expert opinions. Because civil immunity is limited where significant effects are foreseeable to persons with recognised expertise and were not taken into account by the Authority (ss 36(3), 37(4)), ensure robust scientific assessment and written documentation of risks and mitigations are provided to the Authority and Council. Document consultations with recognised experts
(a) a body corporate;
(b) an association or other body of persons; and
(c) an association that consists of 2 or more organizations within the meaning of the preceding paragraphs.
person includes an organization.
prescribed organisms means organisms that are:
(a) live organisms; or
(b) viruses or sub‑viral agents;
but does not include live vaccines or resistant cultivars.
relevant State law means a law of a State declared by the Authority under section 9 to be a relevant State law for the purposes of this Act.
State includes the Northern Territory.
target application means an application under section 13.
target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 20, 30, 31 or 34, 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.
(2) For the purposes of this Act, the Jervis Bay Territory shall be taken to be part of the Australian Capital Territory.
(3) 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.
(4) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the Australian Capital Territory if they cause harm in a part or parts only of that Territory.
(4A) For the purposes of this Act:
(a) a recommendation or decision of, or an approval by, the Council, has effect whether or not it was made while the Council was in session;
(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;
(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
(d) where a person is authorised to act as a member of the Council in place of another person, then while the first‑mentioned person is so acting, the first‑mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.
(5) 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.
(6) In this Act:
(a) a reference to a Minister of a State shall, except in relation to the Northern Territory, be read as a reference to a Minister of the Crown of the State; and
(b) a reference to a Minister of a State shall, in relation to the Northern Territory, be read as a reference to a person holding an office referred to in section 34 of the Northern Territory (Self‑Government) Act 1978.
3 Biological control
3 Biological control
For the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of prescribed organisms of another kind.
4 Extension of Act to external Territories
4 Extension of Act to external Territories
(1) The Minister may, by notice published in the Gazette, declare that this Act extends to:
(a) the Territory of Cocos (Keeling) Islands;
(b) the Territory of Christmas Island;
(c) the Coral Sea Islands Territory; or
(d) the Territory of Ashmore and Cartier Islands.
(2) Where a declaration under subsection (1) is in force in relation to a Territory, this Act has effect, in relation to that Territory, as if the references in this Act, other than in this section, to the Australian Capital Territory were references to that Territory.
5 Saving of other laws
5 Saving of other laws
(1) This Act shall be read and construed as being in addition to, and not in derogation of or in substitution for:
(a) any other law of the Commonwealth, whether passed or made before or after the commencement of this Act; or
(b) if this Act extends to an external Territory, any law of that Territory, whether passed or made before or after the commencement of this Act.
(2) Without limiting the generality of subsection (1), this Act shall not be read or construed as authorizing or permitting the doing of any act in contravention of:
(a) the Biosecurity Act 2015; or
(b) Part 13A of the Environment Protection and Biodiversity Conservation Act 1999.
6 Act binds the Crown
6 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
6A Application of the Criminal Code
6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
7 Act not limited to agricultural pests
7 Act not limited to agricultural pests
The fact that certain powers 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 be regarded as causing harm for the purposes of this Act are kinds that are harmful by reason of their effect on agriculture.
8 Commonwealth Biological Control Authority
8 Commonwealth Biological Control Authority
(1) For the purposes of this Act, a Commonwealth Biological Control Authority is established by this section.
(2) The Authority shall be the Minister who is for the time being a member of the Council.
9 Relevant State laws
9 Relevant State laws
(1) Where a law of a State:
(a) provides for the control by biological means of organisms causing harm in the State; and
(b) establishes an authority having similar powers and functions to those of the Authority;
the Authority may, by notice published in the Gazette, declare that law to be a relevant State law for the purposes of this Act.
(2) A declaration shall not be made under subsection (1) in respect of a law of a State unless the Minister of the State administering that law consents in writing to the declaration being made.
(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 paragraphs (1)(a) and (b).
10 Delegation
10 Delegation
(1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Authority, delegate to an officer of the Department any of the powers of the Authority under this Act, other than:
(a) the powers of the Authority under section 9, 19, 20, 28, 29, 30, 31, 33, 34, 38 or 53; or
(b) this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Authority.
(3) A delegation under this section does not prevent the exercise of a power by the Authority.
Part II Target organisms
Part II—Target organisms
12 Target organisms
12 Target organisms
(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.
(2) Action for the declaration of target organisms in accordance with this Part may be commenced by:
(a) a unanimous recommendation to the Authority by the Council; or
(b) an application under section 13.
13 Target application
13 Target application
(1) Where a person considers that organisms of a particular kind are causing harm in the Australian Capital Territory 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.
(2) A target application shall be in writing signed:
(a) in the case of an application by a natural person—by the applicant; or
(b) in any other case—by a natural person authorized by the applicant to do so.
(3) A target application in relation to organisms of a particular kind shall set out:
(a) particulars identifying the organisms;
(b) particulars of the reasons why the organisms are considered to be causing harm in the Australian Capital Territory;
(c) reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and
(d) such other particulars (if any) as are prescribed.
14 Withdrawal of target application
14 Withdrawal of target application
(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 subsection 15(1).
(2) The withdrawal of a target application is to be effected by the making of a request for withdrawal to the Authority in writing signed:
(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
(b) in any other case—by the person who signed the application or by a person authorized by the applicant to sign the request.
15 Referral of target application to Council
15 Referral of target application to Council
(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.
(2) The Authority is not required to refer to the Council a target application in respect of organisms of a particular kind if:
(a) other action to have them declared to be target organisms is being, or has been, taken under this Act; or
(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 State law.
16 Notice of rejection of target application
16 Notice of rejection of target application
(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.
(2) A notice under subsection (1) shall:
(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
(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.
17 Notice of proposed target organisms
17 Notice of proposed target organisms
(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 in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating declaring those organisms to be target organisms.
(2) Without limiting the generality of subsection (1), a notice under that subsection shall be published in each State and the Australian Capital Territory by being published in at least one newspaper circulating generally in that State or Territory.
(3) A notice under subsection (1) in relation to organisms of a particular kind shall:
(a) set out particulars identifying the organisms;
(b) set out brief particulars of the reasons why the organisms are believed to be causing harm in the Australian Capital Territory;
(c) set out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms;
(d) state that the Council has unanimously recommended that the organisms should be declared to be target organisms;
(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
(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.
(4) Where the Authority publishes a notice under subsection (1) in relation to a target application, the Authority shall cause copies of the application to be available for perusal at the place specified in the notice in accordance with paragraph (3)(e).
18 Consideration of submissions relating to target organisms
18 Consideration of submissions relating to target organisms
The Authority shall consider any submissions in response to an invitation referred to in paragraph 17(3)(f).
19 Inquiries relating to target organisms
19 Inquiries relating to target organisms
(1) Where the Authority, after:
(a) complying with sections 17 and 18 in respect of a target
This is an opening excerpt, not the complete document.