33Inquiries 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.