This Act sets the procedures by which Tasmania’s Biological Control Authority can declare ‘‘target organisms’’ (those causing harm) and ‘‘agent organisms’’ (prescribed organisms released to control targets), and authorises the controlled release of such agents. It creates application and Council‑recommendation paths, public notice and inquiry processes, limits legal challenges to authorised releases with specified exceptions, and allows conditions, revocation and regulation. It affects applicants, landholders, scientists, regulators and courts because it changes who may release organisms, when releases are permitted, and when legal remedies are curtailed.
This Act establishes the legal framework by which organisms may be declared to be “target organisms” (organisms causing harm that may be controlled) and “agent organisms” (prescribed organisms that may be released to control target organisms) in Tasmania, and it sets out the procedures, decision-makers, consultation steps, publication requirements, inquiry powers, and civil‑law consequences that follow from those declarations.
Mechanically the Act does the following.
Defines key terms and scope (Part I), including a broad definition of “organism” that includes live or dead non‑human organisms, parts or matter discharged from organisms, and viruses or sub‑viral agents (s 3). It defines “biological control” as control effected by release of prescribed organisms of another kind (s 4).
Constitutes the Tasmanian Biological Control Authority as the State Minister who is a member of the Agriculture and Resource Management Council of Australia and New Zealand (the Council) (s 8; s 3 definition of Council). The Authority may delegate many functions to departmental officers, but a specified list of core functions is non‑delegable (s 9(1)(a)).
Provides two application routes to start the declaration process for target organisms or agent organisms: a unanimous recommendation by the Council or an application by any person meeting the statutory form requirements (ss 10, 19; ss 11 and 20 set out content and signature requirements). Applicants may withdraw before referral to the Council (ss 12, 21).
Requires referral of applications to the Council by the Authority, subject to narrow exceptions where other action is already in train (ss 13, 22). Many substantive steps require a unanimous Council recommendation for the Authority to proceed (see, for example, ss 18(2), 27(2), 28(2), 29(2), 31(2), 51(1)).
Current sections
Direct links to the current provisions in Biological Control Act 1986.
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided by subsection (1) , this Act shall commence on such day as may be fixed by proclamation.
3
Interpretation
3 Interpretation
[Section 3 Subsection (1) amended by No. 10 of 1996, s. 4 ]
(1) In this Act, unless the contrary intention appears –
agent application means an application under section 20 ;
agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27 , 28 , 29 , or 32 , that the organisms are agent organisms for the purposes of this Act;
agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act;
(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 the body known as the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name;
relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;
State means –
(a) a State of the Commonwealth; or
(b) the Northern Territory of Australia;
target application means an application under section 11 ;
target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18 , 28 , 29 , or 32 , that the organisms are target organisms for the purposes of this Act;
target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act;
(2) 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.
(3) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State.
(4) 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 or given while the Council is 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 authorized to act as a member of the Council in place of another person, then, while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.
(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 reference to –
(a) a function includes a reference to a power, authority and duty; and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
4
Biological control
4 Biological control
[Section 4 Amended by No. 55 of 2016, s. 5, Applied:06 Dec 2016] 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.
5
Relevant laws
5 Relevant laws
(1) Where a law of the Commonwealth or of a State other than Tasmania –
(a) provides for the control by biological means of organisms causing harm; and
(b) establishes an authority having similar functions to those of the Authority –
the Authority may, by notice published in the Gazette, declare that law to be a relevant law for the purposes of this Act.
(2) A declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.
(3) A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1)(a) and (b) .
6
Act to bind Crown
6 Act to bind Crown
This Act binds the Crown not only in right of this State but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.
7
Act not limited to agricultural pests
7 Act not limited to agricultural pests
The fact that certain functions of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture.
8
Tasmanian Biological Control Authority
8 Tasmanian Biological Control Authority
(1) For the purposes of this Act, a Tasmanian Biological Control Authority is established by this section.
(2) The Authority shall be the Minister of the Crown of the State of Tasmania who is for the time being a member of the Council.
9
Delegation
9 Delegation
[Section 9 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]
(1) The Authority may, be instrument in writing, delegate to an officer of the Department the exercise of any of the functions of the Authority under this Act, other than –
(a) the exercise of the functions of the Authority under section 17 , 18 , 26 , 27 , 28 , 29 , 31 , 32 , 36 , or 51 ; or
(b) this power of delegation.
(2) A function the exercise of which has been delegated under this section may, while the delegation remains unrevoked, be exercised from time to time by the delegate in accordance with the terms of the delegation.
(3) Notwithstanding any delegation under this section, the Authority may continue to exercise any function delegated.
(4) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as are specified in the instrument of delegation.
(5) Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section has the same force or effect as it would have if it had been done or suffered by the Authority and shall be deemed to have been done or suffered by the Authority.
(6) The Authority may, by instrument in writing, revoke wholly or in part any delegation under this section.
(7) An instrument purporting to have been signed by a person in the capacity of delegate of the Authority shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument duly executed by the Authority and shall, unless the contrary be proved, be deemed to be an instrument signed by a delegate of the Authority.
Part II
Target Organisms
Part II Target Organisms
10
Target organisms
10 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 being made to the Authority by the Council; or
(1) Where a person considers that organisms of a particular kind are causing harm in the State and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.
(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 State;
(c) particulars of the 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.
12
Withdrawal of target application
12 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 section 13(1) .
(2) The withdrawal of a target application shall 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.
13
Referral of target application to Council
13 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 law.
14
Notice of rejection of target application
14 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.
(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.
15
Notice of proposed target organisms
15 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, if the Council has so recommended, in the Commonwealth 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 at least one newspaper circulating generally in Tasmania and in each other State and the Australian Capital 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 State;
(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 a place specified in the notice in accordance with subsection (3)(e) .
16
Consideration of submissions relating to target organisms
16 Consideration of submissions relating to target organisms
The Authority shall consider any submissions in response to an invitation referred to in section 15(3)(f) .
17
Inquiries relating to target organisms
17 Inquiries relating to target organisms
(1) Where the Authority, after –
(a) complying with sections 15 and 16 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 another State or the Commonwealth); 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;
(f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industries Assistance Commission Act 1973 of the Commonwealth to refer the recommendation to the Industries Assistance Commission for inquiry and report;
(g) arrange for a Minister who administers any Tasmanian legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or
(h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.
(2) Action shall not be taken under subsection (1)(e) , (f) , (g) , or (h) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1)(b) , has unanimously recommended that the action be taken.
(3) Where the Authority takes action under subsection (1)(e) , (f) , (g) , or (h) for an inquiry in relation to a target recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.
18
Declaration of target organisms
18 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
(c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation –
is satisfied –
(d) that organisms of the kind to which the recommendation relates are causing harm in Tasmania;
(e) that organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and
(f) that –
(i) the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or
(ii) any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind thoughout Australia –
the Authority, subject to subsection (2) , shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare organisms of that kind to be target organisms for the purposes of this Act.
(2) The Authority shall not make a declaration under subsection (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1)(c) , has unanimously recommended that the declaration be made.
(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.
21
Withdrawal of agent application
21 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 section 22(1) .
(2) The withdrawal of an agent application shall 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.
22
Referral of agent application to Council
22 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 law.
23
Notice of rejection of agent application
23 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.
(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.
24
Notice of proposed agent organisms
24 Notice of proposed agent organisms
(1) [Section 24 Subsection (1) amended by No. 55 of 2016, s. 8, Applied:06 Dec 2016] Where the Council has unanimously recommended to the Authority that prescribed organisms of a particular kind should be agent organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), and may publish in such newspapers or journals as the Authority thinks appropriate, a 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 subsection (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.
25
Consideration of submissions relating to agent organisms
25 Consideration of submissions relating to agent organisms
The Authority shall consider any submissions in response to an invitation referred to in section 24(2)(f) .
26
Inquiries relating to agent organisms
26 Inquiries relating to agent organisms
[Section 26 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]
(1) Where the Authority, after –
(a) complying with sections 24 and 25 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 another State or the Commonwealth); 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;
(f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1989 of the Commonwealth to refer the recommendation to the Industry Commission for inquiry and report;
(g) arrange for a Minister who administers any Tasmanian legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation; or
(h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation.
(2) Action shall not be taken under subsection (1)(e) , (f) , (g) , or (h) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1)(b) , has unanimously recommended that the action be taken.
(3) An inquiry by virtue of subsection (1) in respect of an agent recommendation that recommends that organisms of a particular kind should be declared to be agent organisms if organisms to which a target recommendation applies are declared to be target organisms and an inquiry by virtue of section 17(1) in respect of the target recommendation may be conducted as if they were one inquiry.
(4) Where the Authority takes action under subsection (1)(e) , (f) , (g) , or (h) for an inquiry in relation to an agent recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry.
27
Declaration of agent organisms
27 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
(c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation –
is satisfied –
(d) 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 State;
(e) that –
(i) the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or
(ii) any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than –
(A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and
(B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means – the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means –
the Authority, subject to subsection (2) , shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare the relevant organisms to be agent organisms for the purposes of this Act.
(2) The Authority shall not make a declaration under subsection (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1)(c) , has unanimously recommended that the declaration be made.
(3) 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
28
Emergency declarations
28 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 State;
(ii) are causing, or are likely to cause, harm in the State 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 the State;
(c) the release of the organisms of the second-mentioned kind would not have any significant adverse effects –
the Authority, subject to subsection (2) , shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth 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.
(2) 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.
(3) 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.
(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 (2) , may, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth 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.
(2) 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.
(3) 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.
30
Notice of proposed declaration under section 29
30 Notice of proposed declaration under section 29
(1) Where the Authority is contemplating making a declaration under section 29 , the Authority may, subject to subsection (2) , 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.
(2) 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.
(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.
(4) Where the Authority publishes a notice under subsection (1) in relation to a contemplated declaration, the Authority shall not make the declaration unless and until the Authority has considered any submissions in response to an invitation referred to in subsection (3)(d) in relation to the declaration.
31
Inquiries relating to declarations under section 29
31 Inquiries relating to declarations under section 29
[Section 31 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]
(1) Where the Authority –
(a) is contemplating making a declaration under section 29 ; 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 another State or the Commonwealth); and
(iii) considering any reports made by any person or authority competent to do so that the Authority considers relevant –
considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the declaration would relate but an adequate investigation or inquiry into the effect of such a release has not been held –
the Authority may –
(c) direct that an inquiry under Part VII be conducted in respect of the contemplated declaration;
(d) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industry Commission Act 1989 of the Commonwealth to refer the contemplated declaration to the Industry Commission for inquiry and report;
(e) arrange for a Minister who administers any Tasmanian legislation relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration; or
(f) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration.
(2) Action shall not be taken under subsection (1)(c) , (d) , (e) , or (f) in respect of a contemplated declaration unless the Council, upon being consulted in accordance with subsection (1)(b)(i) , has unanimously recommended that the action be taken.
(3) Where the Authority takes action under subsection (1)(c) , (d) , (e) , or (f) for an inquiry in respect of a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered the report made as the result of the inquiry.
32
Declaration of organisms declared under a relevant law
32 Declaration of organisms declared under a relevant law
(1) Where organisms of a particular kind are organisms that for the purposes of a relevant law may be controlled by biological means, the Authority may, by notice published in the Gazette, declare those organisms to be target organisms for the purposes of this Act.
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
33
Release of agent organisms
33 Release of agent organisms
(1) Subject to subsection (2) , agent organisms may be released in the State.
(2) Where a notice under section 27 , 28 , 29 , or 32 declaring organisms to be agent organisms specifies conditions under which the organisms may be released, those organisms shall not be released otherwise than in accordance with those conditions.
34
No legal proceedings to be instituted in respect of release of agent organisms in the State
34 No legal proceedings to be instituted in respect of release of agent organisms in the State
(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 33 ; or
(b) to recover damages in respect of any loss incurred, or any damage suffered, in the State, any other State, or a Territory 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 27 , 28 , 29 , or 32 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from –
(a) releasing organisms of that kind in the State in accordance with section 33 ; or
(b) doing anything to assist or further the release of organisms of that kind in the State in accordance with section 33 .
(3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 33 where –
(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control);
(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 Laws of Another State or the Commonwealth
Part VI Biological Control Under Laws of Another State or the Commonwealth
35
No legal proceedings to be instituted in respect of release of agent organisms under a relevant law
35 No legal proceedings to be instituted in respect of release of agent organisms under a relevant law
(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 the State by reason of the release of organisms in accordance with a relevant law.
(2) Subject to subsection (4) , no action or other proceeding shall be instituted or continued in any court –
(a) to prevent the release of organisms in accordance with a relevant law; or
(b) to recover damages in respect of any loss incurred, or any damage suffered, in another State or a Territory by reason of the release of organisms in accordance with a relevant law.
(3) [Section 35 Subsection (3) amended by No. 55 of 2016, s. 12, Applied:06 Dec 2016] If, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant law, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to restrict a person from–
(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 law where –
(a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control);
(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 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 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
36
Commissions of inquiry
36 Commissions of inquiry
(1) Where, in accordance with section 17(1) , 26(1) , or 31(1) , 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 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 section 39(2)(b) or matters the publication of which is not allowed under section 39(6) .
(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 Tasmania, in or in relation to the conduct of an inquiry.
37
Remuneration of Commissioners
37 Remuneration of Commissioners
A Commissioner shall be paid such remuneration and allowances as may be prescribed.
38
Notice of inquiries
38 Notice of inquiries
Before a Commission commences an inquiry, the Commission shall give reasonable notice, by advertisement published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as it thinks necessary, of its intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to be commenced.
39
Procedure at inquiries
39 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 hold an inquiry or part of an inquiry outside Tasmania.
(4) A Commission may, if it thinks fit, permit a person appearing as a witness before the Commission to give evidence by tendering, and verifying by oath or affirmation, a written statement.
(5) Where a Commission considers that the attendance of a person as a witness before the Commission would cause serious hardship to a person, the Commission may permit the person to give evidence by sending to the Commission a written statement, verified in such manner as the Commission allows.
(6) Where evidence is given to a Commission by a written statement in accordance with subsection (4) or (5) , the Commission shall make available to the public in such manner as the Commission thinks fit the contents of the statement other than any matter the publication of which, in the opinion of the Commission, would be contrary to the public interest by reason of its confidential nature or for any other reason.
(7) 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.
40
Power to summon witnesses
40 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.
41
Failure of witness to attend
41 Failure of witness to attend
*[Section 41 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person served with a summons to appear as a witness at an inquiry by a Commission shall not, without reasonable excuse –
(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: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
42
Power to administer oath or affirmation
42 Power to administer oath or affirmation
A Commissioner may administer an oath to or take an affirmation of a person appearing as a witness before the Commission.
43
Refusal to be sworn or to answer questions
43 Refusal to be sworn or to answer questions
*[Section 43 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]*A person appearing as a witness at an inquiry by a Commission shall not, without reasonable excuse –
(a) refuse or fail to be sworn or to make an affirmation;
(b) refuse or fail to answer a question that the person is required to answer by the Commissioner conducting or presiding at the inquiry; or
(c) refuse or fail to produce a document that the person was required to produce by a summons under this Act served on the person.
Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
44
Protection of Commissioners and witnesses
44 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 judge of the Supreme 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 Supreme Court.
45
False or misleading evidence
45 False or misleading evidence
[Section 45 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]**[Section 45 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(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 a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(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 a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.
46
Contempt of Commission
46 Contempt of Commission
[Section 46 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(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: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.
(2) An offence against subsection (1) is punishable on summary conviction.
47
Powers of Commission in relation to documents produced
47 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.
48
Allowances to witnesses
48 Allowances to witnesses
A witness summoned under this Act to appear at an inquiry by a Commission is entitled to be paid such allowances for the witness's travelling and other expenses as are prescribed.
49
Witness not to be prejudiced
49 Witness not to be prejudiced
[Section 49 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(1) A person shall not –
(a) use violence against 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: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.
[Section 49 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]
(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 – fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year; or
(b) if the offender is a body corporate – fine not exceeding 100 penalty units.
(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 so 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
50
Act not to render other controls illegal
50 Act not to render other controls illegal
Subject to section 33(2) , nothing in this Act shall be taken to render unlawful any release of organisms for the purpose of the biological control of other organisms if the release of the first-mentioned organisms would, but for this Act, be lawful.
51
Revocation of declarations
51 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.
52
Declarations continue in operation
52 Declarations continue in operation
Where a declaration in relation to agent organisms is in force, those organisms may be released in accordance with section 33 notwithstanding the length of the period of time that has elapsed since the last release of those organisms took place.
53
Service of documents on Authority
53 Service of documents on Authority
*[Section 53 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]*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 head office of the Department.
54
Regulations
54 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the Governor may make regulations prescribing procedures for the initiation and processing of proposals to obtain declarations under this Act.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.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 1986 .
2 Commencement
2 Commencement
(1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent.
(2) Except as provided by subsection (1) , this Act shall commence on such day as may be fixed by proclamation.
3 Interpretation
3 Interpretation
[Section 3 Subsection (1) amended by No. 10 of 1996, s. 4 ]
(1) In this Act, unless the contrary intention appears –
agent application means an application under section 20 ;
agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27 , 28 , 29 , or 32 , that the organisms are agent organisms for the purposes of this Act;
agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act;
Australia includes the external Territories (if any) in respect of which a declaration under section 4 (1) of the Commonwealth Act is in force;
Authority means the Tasmanian Biological Control Authority established by section 8 ;
Commonwealth Act means the Biological Control Act 1984 of the Commonwealth;
control, in relation to organisms, includes –
Prescribes public notice and consultation steps: where the Council has unanimously recommended a declaration the Authority must publish Gazette notices (and possibly in the Commonwealth Gazette) and invite submissions, with at least a six‑week period for written objections or support (ss 15, 24, 30). Notices must identify organisms and give specified particulars (ss 15(3), 24(2), 30(3)).
Permits the Authority to direct or cause inquiries under Part VII where there is evidence that people or the environment might be adversely affected by a proposed control action and no adequate inquiry has been held (ss 17, 26, 31). Part VII creates a commission process with powers to summon witnesses, take evidence, and publish findings, including protections for witnesses and penalties for non‑compliance (ss 36-49).
Allows the Authority, after required processes and unanimous Council recommendation, to make declarations of target organisms or agent organisms by Gazette notice (ss 18, 27). Declarations may specify conditions about who may release agent organisms and in what circumstances (s 27(3); see likewise ss 28(3), 29(3), 32(3)).
Authorises release of declared agent organisms in the State, subject to any conditions attached to the declaration (s 33). The Act creates statutory bars to civil litigation preventing both injunctions to stop release and claims for damages in many cases, and extends similar protections to releases permitted under a “relevant law” (ss 34-35). Each bar contains a carved‑out liability exception where the release had a significant adverse effect on non‑target organisms and specified knowledge or omission factors are met (s 34(3); s 35(4)).
Provides mechanisms for emergency and retrospective declarations (ss 28-29), for treating declarations under other laws as effective in Tasmania (s 32), and for revocation of declarations by Gazette notice with unanimous Council approval (ss 51-52).
Prescribes administrative detail: where to lodge documents at the Department head office (s 53), rule‑making power for the Governor including regulations about procedures for initiation and processing of proposals (s 54), and provisions about remuneration and allowances for commissioners and witnesses (ss 37, 48).
The official rationale (as reflected in the statutory architecture) is to create a centralised, consultative administrative pathway for considered release of biological control agents, including publicity and the power to hold public inquiries before releases occur, while insulating declared releases from most legal challenges to permit implementation. The Act gives the Authority power to declare and regulate releases, but couples that power tightly to the Council by requiring unanimous recommendations for many decisions and by mandating certain notice and inquiry steps. It also places legal limits on civil causes of action for releases, while preserving narrow exceptions for significant non‑target harms where scientific expertise suggested avoidable risk and the Authority did not account for it.
The remainder of this note analyses the Act’s main concepts, actors, duties, enforcement mechanisms, interactions with other laws, amendment marks in the source text, the (absence of) litigation history contained in the source, practical traps and drafting pitfalls to watch, and pragmatic compliance steps grounded in the statutory text.
Main concepts
The Act’s operative concepts are defined and deployed in a few tightly specified ways; understanding them is essential to reading the rest of the scheme.
“Organism” is broad. Section 3(1) defines “organism” to include any organism other than a human, whether alive or dead and whether or not indigenous, parts of organisms, matter discharged from organisms, and viruses or sub‑viral agents. The definition therefore covers microbial agents, viral biocontrol candidates, and biological material derived from organisms. The word “prescribed organisms” is used to denote live organisms or viruses or sub‑viral agents that are capable of being made subject to the agent organism process (s 3, as amended).
“Biological control” for the Act’s purposes means control effected by the release of prescribed organisms of another kind (s 4). The statutory test is not a general ecological concept of biological control but the narrow operational act of release of a prescribed organism to control another.
Target organisms are kinds declared to “cause harm” in Tasmania and to be, or likely to be, controllable by biological means (Part II; s 10; s 18). Section 3(2) provides an important statutory gloss: organisms shall be taken to cause harm if the control of those organisms would be for the public benefit. The Act therefore embeds a public‑benefit metric into the harm threshold.
Agent organisms are prescribed organisms declared to be capable of controlling target organisms through release (Part III; s 19; s 27). Declarations of agent organisms may be conditional and may specify who may release them and under what circumstances (s 27(3)).
The Authority is the State Minister who is a member of the Council (s 8). Despite that nominal centralisation in a political actor, the Act attaches extensive procedural constraints and consultation steps (Council recommendations, public notices, inquiries).
The Council is the Agriculture and Resource Management Council of Australia and New Zealand (s 3). The Council plays a gatekeeping role: many actions by the Authority are contingent upon a unanimous Council recommendation (see, for example, ss 18(2), 27(2), 28(2), 29(2), 31(2), 51(1)). Section 3(1)(4) also clarifies how recommendations and approvals by the Council operate procedurally.
“Relevant law” is a Commonwealth or other State law that provides for biological control and establishes a similar authority; such a law may be declared a relevant law by the Authority with the consent of the minister administering that law (s 5). Where a relevant law exists, the Authority can streamline cross‑jurisdictional recognition under s 32 and cede certain procedural steps to that other law (s 5).
Immunity and exceptions are a structural part of the regime. Sections 34 and 35 create broad prohibitions on actions to prevent release or recover damages for releases made in accordance with this Act or a relevant law. Each prohibition contains an exception of three conjunctive parts where recovery or proceedings are allowed: (a) the release had a significant effect on other organisms not intended to be controlled; (b) persons in Australia with reputed special knowledge knew or had reasonable grounds to expect such an effect; and (c) the Authority (or the authority under the relevant law) did not take that factor into account in making the declaration (s 34(3); s 35(4)). That exception establishes a three‑part factual inquiry for post‑release liability.
Inquiry machinery (Part VII) is robust. Commissions may be appointed to inquire into public benefit and adverse effects, have power to summon witnesses and documents (ss 36, 40), may sit outside Tasmania (s 39(3)), and may hold hearings in private where confidential material is involved (s 39(2)). There are criminal penalties and sanctions for failure to comply with summonses, giving false evidence, contempt, and victimising witnesses (ss 41, 43, 45, 46, 49).
The Act therefore contemplates a staged decision process: application or unanimous Council referral; referral to and consideration by the Council; public notice and six‑week submissions; possible inquiry if there is risk of adverse effects; and final declaration by Gazette notice. Declarations may carry conditions and confer a limited shield against civil actions, but the shield can be lost under the statutory exception set out at s 34(3) and mirrored in s 35(4).
Who it affects
The Act creates legal effects that touch multiple discrete groups. State who pays, who decides, and how behaviours change.
Primary decision‑makers and administrators
The Authority, who is the Tasmanian Minister who sits on the Council, is the named decision‑maker for declarations and for directing inquiries (s 8; ss 17, 26, 31). Many key decisions require consultation with and unanimous recommendation of the Council before the Authority may act (see ss 18(2), 27(2), 28(2), 29(2), 31(2), 51(1)). The Act therefore places the political executive (Minister) at the centre of authoritative action while allocating an institutional veto to the Council by unanimity requirement.
Departmental officers may exercise many delegated functions under instrument of delegation, subject to limits: the Authority may delegate in writing to an officer any functions other than those expressly non‑delegable, which include functions under ss 17, 18, 26, 27, 28, 29, 31, 32, 36 and 51 and the delegation power itself (s 9(1)(a)). Delegation transfers operational workload but not the non‑delegable core powers.
Applicants and proponents
Any person may apply to have organisms declared target organisms (s 11(1)) or to have prescribed organisms declared agent organisms (s 20(1)), provided the application meets the prescribed content and signing rules (ss 11(2)-(3), 20(2)-(3)). Applicants will pay transaction costs: preparation of technical particulars, legal signoff, and lodging at the Department head office (s 53).
Those who would release agent organisms (research organisations, state agencies, private firms, land managers) are affected because a declaration can specify the persons who may undertake release and the circumstances in which releases may occur (s 27(3)). Declarations can thus allocate release rights as a matter of administrative law.
Affected publics, industries and environments
Landowners, farmers, fishers, conservation organisations, community groups and other stakeholders are affected by the prospect of releases. The Act requires public notices and invitations to submit written objections or support (ss 15(1)-(3), 24(1)-(2), 30(3)(d)), and commissions of inquiry must consider benefits and disadvantages “from the broad community viewpoint” (s 36(3)(a)). These procedural rights are the mechanism by which affected persons can influence decisions.
Industries with assets dependent on non‑target organisms (apiculture, native flora exporters, aquaculture) are specifically implicated because the Act contemplates that releases could have significant adverse effects on organisms not intended to be controlled. If such effects occur, injured parties may be able to sue under the statutory exceptions (s 34(3); s 35(4)), albeit subject to the statutory triage test.
Courts and legal actors
The Act directly alters causes of action in civil courts by barring many proceedings challenging release or claiming damages where releases comply with the Act or a relevant law (ss 34-35), shifting litigation risk in favour of release proponents but creating litigation triggers where statutory exceptions are engaged. Courts will be asked to interpret statutory phrases such as “significant effect on other organisms”, “persons in Australia having a reputation for special knowledge”, and what it means for the Authority to have “taken into account” a given factor.
Other jurisdictions and intergovernmental bodies
The Council is interstate/international in composition (Australia and New Zealand body named in s 3), and the Act contemplates cross‑jurisdictional declarations and recognition through the “relevant law” mechanism (s 5; s 32). Where another State or the Commonwealth has parallel mechanisms, the Authority may declare those laws relevant after written consent from the minister administering that law (s 5(2)).
Who pays
The Act prescribes remuneration and allowances for commissioners and witnesses (ss 37, 48). It does not specify appropriations; the statutory architecture implies costs fall to the State (the Authority and Department) for processing applications, holding inquiries, and administering releases, but the Act itself leaves funding to normal departmental appropriation channels. Applicants bear their own preparation costs and may bear costs imposed by conditions on release where those conditions specify particular procedures or personnel.
Behavioural effects
The scheme creates an administrative route for releases with a degree of legal insulation, which will incentivise applications and administrative approvals where a State actor or private proponent values reduced litigation risk (ss 33-35). The ability to place conditions on releases (s 27(3)) creates an instrument for the Authority to limit release to particular actors or methodologies, affecting market participation in release activities.
Key duties and rights
The Act structures a set of rights (to apply, to be heard) and duties (to consult, publish, hold inquiries in specified circumstances, to act only with unanimous Council recommendation in many cases), each anchored in specific sections.
Rights to apply and participate
Any person who considers organisms are causing harm and are controllable by biological means may apply for target organism declaration (s 11(1)). Any person who considers release of prescribed organisms would control target organisms may apply for agent organism declaration (s 20(1)). The applications must provide prescribed particulars identifier, reasons and other prescribed particulars (ss 11(3), 20(3)).
Persons objecting or supporting a contemplated declaration have a statutory right to submit written particulars and have them considered. Notices must invite submissions for at least six weeks after Gazette publication, and the Authority must consider the submissions (ss 15(3)(f), 16; ss 24(2)(f), 25; s 30(3)(d)).
Authority and Council duties
The Authority must refer applications to the Council unless other action is already happening under this Act or a relevant law (ss 13(1)-(2), 22(1)-(2)). If the Council does not recommend an application, the Authority must notify the applicant and later applicants and set out reasons where the Council gave reasons (ss 14, 23).
The Authority must publish notices where the Council has unanimously recommended declarations (ss 15(1), 24(1)), and must make copies of an application available for perusal at specified places where the recommendation followed an application (ss 15(3)(e), 24(2)(e)).
The Authority is required to consider submissions in response to invitations (ss 16, 25) and to consult the Council on the appropriateness of holding inquiries (ss 17(1)(b), 26(1)(b), 31(1)(b)).
Where the Authority proposes an emergency declaration or a declaration relying on prior releases, consultation with the Council and unanimous Council recommendation are mandatory before the Authority may declare (ss 28(2), 29(2)).
Inquiry and evidence duties
If the Authority identifies evidence that people or the environment may be adversely affected and no adequate inquiry has been held, the Authority may direct an inquiry under Part VII or request other bodies to arrange inquiries (ss 17(1)(e)-(h), 26(1)(e)-(h), 31(1)(c)-(f)). The Authority must consider the inquiry report before taking further action relating to the recommendation or contemplated declaration (ss 17(4), 26(4), 31(3)).
Commissions must inquire into matters necessary to ascertain overall benefits and disadvantages from the broad community viewpoint (s 36(3)(a)), consider matters approved by the Council (s 36(3)(b)), and report findings to the Authority, making them public subject to confidentiality directions (s 36(4)-(6)).
Limits on proceedings and liability
The Act makes it unlawful to institute or continue proceedings to prevent release or to recover damages for releases made in accordance with the Act in most cases (s 34(1)). It similarly bars actions relating to releases in accordance with a relevant law (s 35(1)-(2)). These rights are conditioned: the Act preserves civil remedies where releases caused significant non‑target effects and the three‑part exception in s 34(3)/s 35(4) is satisfied.
Delegation constraints
The Authority may delegate many functions to departmental officers but may not delegate certain enumerated core functions under s 9(1)(a). Delegations must be in writing and may be conditioned, and acts done by delegates have the same force as if done by the Authority (s 9(1)-(6)). The Authority retains power to revoke delegations (s 9(6)).
Other duties
Declarations continue in force irrespective of the time since the last release (s 52).
The Authority may revoke declarations by Gazette notice where the Council has unanimously approved the revocation (s 51(1)-(2)).
Regulations may prescribe procedures for initiation and processing of proposals (s 54). Documents and applications must be lodged at the Department head office (s 53).
In short, rights primarily attach to applicants and members of the public to be heard and to seek consideration, while duties lie on the Authority and Council to consult, publish notices, and, where indicated by evidence, hold inquiries and consider their reports. The statutory reservation of a list of non‑delegable functions gives Ministers and Council a final oversight role.
Penalties and enforcement
The Act provides a mix of administrative controls, civil immunities, and criminal penalties connected to the inquiry process. Enforcement operates at administrative, civil and criminal levels.
Administrative enforcement and controls
The Authority enforces the regime by making declarations by Gazette notice (ss 18, 27, 28, 29, 32) and by attaching conditions to declarations that restrict who may release agent organisms or in what circumstances (s 27(3); s 28(3); s 29(3); s 32(3)). Compliance with those conditions is an administrative precondition for lawful release under s 33(2).
Regulations may prescribe procedures for initiation and processing of proposals (s 54), enabling administrative rule‑making to govern practical steps and thereby creating administrative compliance obligations.
Civil liability bars and carved‑out exceptions
Sections 34 and 35 bar most legal proceedings to prevent releases made under the Act or a relevant law and bar recovery of damages for many releases (s 34(1)-(2); s 35(1)-(2)). However, both sections preserve an exception permitting recovery where three conjunctive factual elements are met: a significant adverse effect on non‑target organisms (s 34(3)(a); s 35(4)(a)), contemporaneous knowledge or reasonable grounds for expectation by persons with reputed special knowledge that such an effect could occur (s 34(3)(b); s 35(4)(b)), and failure by the Authority or relevant authority to take that factor into account when making the declaration (s 34(3)(c); s 35(4)(c)). The Act thus channels civil suits into a narrower factual inquiry rather than leaving broad open injunction or negligence claims.
Section 34(2) also provides that existing court orders purporting to prohibit release are superseded in so far as they would prohibit release in accordance with ss 27/28/29/32, subject to the exceptions.
Criminal penalties tied to inquiry process
Failure to comply with a summons to appear before a Commission is an offence punishable by a fine not exceeding 10 penalty units or imprisonment up to six months (s 41).
Refusal to be sworn, to answer, or to produce documents required by a summons is an offence with the same maximum penalty (s 43).
Giving evidence known to be false or misleading in a material particular is an indictable offence punishable on conviction by up to 50 penalty units or two years imprisonment, with summary jurisdiction available in prescribed circumstances (s 45).
Contempt‑style offences for obstructing or disrupting a Commission carry up to 20 penalty units or imprisonment up to one year (s 46).
Victimisation of witnesses, including dismissal or prejudice by employers for participation, is expressly prohibited and attracts penalties for natural persons (up to 20 penalty units or imprisonment up to one year) and for bodies corporate (up to 100 penalty units) (s 49(2)).
Protections and immunities
Commissioners enjoy protection and immunity equivalent to a Supreme Court judge in the performance of their duties (s 44(1)). Witnesses have the same protections and liabilities as witnesses in Supreme Court proceedings (s 44(2)).
The Act gives commissions broad procedural discretion and makes them not bound by the rules of evidence, while allowing hearings to be held in public unless the Commission directs otherwise for confidentiality reasons (s 39).
Enforcement mechanisms in practice are therefore a mix: administrative controls for declaring and conditioning releases; statutory immunities limiting injunctive and damages litigation; and criminal and contempt powers to secure evidence and protect the inquiry process.
How it interacts with other laws
The Act anticipates and provides for interoperation with other State and Commonwealth regimes, and it creates mechanisms for cross‑recognition and reciprocal application.
Relevant laws and cross‑jurisdictional recognition
The Authority may declare a Commonwealth or other State law that provides for biological control and establishes a similar authority to be a “relevant law” for the purposes of this Act, but only after the minister administering that other law consents in writing (s 5(1)-(2)). A declaration ceases to have effect if the underlying law ceases to meet the criteria (s 5(3)). Section 32 gives the Authority power to declare organisms that are declared under a relevant law to be target organisms or agent organisms under this Act (s 32(1)-(2)).
Where organisms can be released in accordance with a relevant law, the Authority is not required to refer an application to the Council (ss 13(2)(b), 22(2)(b)), enabling procedural deference where another law is already processing the matter.
Interaction with judicial orders and prior court processes
If, at the time prescribed organisms became releaseable under a relevant law or were declared agent organisms under the Act, there was an existing court order relating to the release, s 34(2) and s 35(3) limit the continuing effect of that order to the extent it would bar release consistent with this Act or the relevant law. That creates a statutory disapplication of certain court orders in favour of administratively sanctioned releases.
Overlap with environmental protection laws
The Act contemplates consultation with Ministers administering Tasmanian environmental protection legislation and with authorities in other jurisdictions in arranging inquiries under other Acts relating to environmental protection (ss 17(1)(g), 26(1)(g), 31(1)(e)). The Act therefore envisions coordinated investigative processes where environmental protection regimes are relevant to assessing the consequences of releases.
Standards of legal liability and negligence regimes
The statutory bars on proceedings to recover damages or obtain injunctions do not entirely remove civil liability: ss 34(3) and 35(4) carve out liability where specified conditions are met. That will require courts to apply traditional civil standards of proof to statutory phrases. The Act does not displace other torts or statutory causes of action outside the scope of the prohibitions; rather, it narrows the circumstances where such actions are permitted following administered releases.
Regulatory and procedural rule‑making
The Governor may make regulations for the purposes of the Act, including prescribing procedures for initiation and processing of proposals to obtain declarations (s 54). These regulations will interact with procedural requirements of other statutes where inquiries are cross‑referenced to other Tasmanian or Commonwealth processes.
Interaction in practice is therefore layered: the Act creates an administrative regime that can recognise parallel processes under other jurisdictions as “relevant laws”, can disapply certain court prohibitions where a declaration exists, and mandates consultation and possible referral to environmental inquiry processes established elsewhere. Because the Authority may only declare a law relevant with the administering minister’s consent (s 5(2)), the architecture creates an intergovernmental consent gate before cross‑recognition occurs.
Amendment history
The printed source contains inline amendment annotations. The text shows multiple amendments over time and indicates the amending instruments and, where provided, applied dates. The source‑text annotations in the statute provide the following concrete markers.
Section 3 has multiple amendment notes:
s 3(1) shows it was amended by No. 10 of 1996, s 4. The source also records that subsections of s 3 were amended by No. 55 of 2016, s 4, applied 06 Dec 2016, affecting definitions of “kind”, “organism” parts, and “prescribed organisms”.
Section 4 was amended by No. 55 of 2016, s 5, with an applied date indicated in the source (Applied: 06 Dec 2016).
Section 9(1) carries an amendment annotation showing amendment by No. 5 of 1990, s 3 and Schedule 1.
Section 19(1), s 20(1), and s 24(1) show amendments by No. 55 of 2016, with applied dates of 06 Dec 2016 noted in the source for these sections (ss 19, 20, 24 annotated).
Section 26(1) indicates amendment by No. 68 of 1994, s 3 and Schedule 1.
Section 28(1)(b) shows amendment by No. 55 of 2016, s 9, Applied: 06 Dec 2016.
Section 29(1)(a) and s 31(1) carry amendment annotations: s 29(1)(a) by No. 55 of 2016, s 10 (Applied: 06 Dec 2016), and s 31(1) indicates amendments by No. 68 of 1994, s 3 and Schedule 1.
Section 32(2)(a) is recorded as amended by No. 55 of 2016, s 11, Applied: 06 Dec 2016.
Section 35(3) shows amendment by No. 55 of 2016, s 12.
Provisions in Part VII show amendment markers: ss 41, 43, 45, 46 and 49 contain amendments by No. 43 of 1991, s 5 and Schedule 1. Section 45 also shows both subs (2) and (4) amended by No. 43 of 1991.
Section 31 and s 26 reflect amendments in the 1994 instrument (No. 68 of 1994).
Section 53 is annotated as amended by No. 5 of 1990, s 3 and Schedule 1.
The source records explicit applied dates for several amendments coming into force on 06 December 2016. It also shows the amending Act numbers and section numbers for amendments in earlier years (1990, 1991, 1994, 1996). The Act’s commencement provision remains: s 1 and the Short Title commence on Royal Assent and the remainder of the Act commences on proclamation unless otherwise provided (s 2). The source does not provide a consolidated table of all amendment dates and repeal/replacement actions beyond the inline annotations; readers who need authoritative amendment sequencing for litigation or compliance should consult the official consolidated statute and parliamentary amendment instruments or government legislation database.
Litigation history
The statute text provided does not name any court decisions or judicial interpretations. The source contains no case law citations, reported judgments, or summaries of litigation arising under the Act. Consequently this section must confine itself to identifying the statutory provisions that are most likely to generate litigation points and the legal questions courts would be asked to decide were a dispute to arise.
Likely judicial issues if contested
Interpretation of the liability exception in s 34(3) and s 35(4). Courts would be required to construe what it means for a release to have had a “significant effect on other organisms (not being organisms which the release was intended to control)”. The Act does not define “significant effect”, meaning courts would likely import ordinary statutory interpretation tools and possibly expert evidence.
The factual threshold in s 34(3)(b) and s 35(4)(b) , what qualifies as persons “in Australia having a reputation for special knowledge of the biology of organisms of that kind” and what counts as “knew, or had reasonable grounds to expect” , raises evidentiary questions about reputation, professional standards and contemporaneous scientific consensus or warning.
The third conjunct in s 34(3)(c) and s 35(4)(c) , whether an authority “did not take into account” a factor in making the declaration , implicates administrative law doctrines of procedural fairness, reasonableness, and the content of decision‑maker’s reasons. A judicial review action could test whether the Authority properly considered non‑target risk evidence.
The scope of the s 34(2) and s 35(3) statutory override of existing court orders would provoke questions about the hierarchy of court orders, the scope of statutory immunity, and the temporal interaction between orders and later administrative declarations.
The Act’s requirement in multiple places for unanimous Council recommendations (for example ss 18(2), 27(2)) could produce disputes about whether unanimity was in fact achieved or about the effect of delegated Council membership and who counts as a member under the Council’s own rules (s 3(1)(4)(d) treats acting members as members while they act).
Procedural challenges could arise to the sufficiency of public notices and the adequacy of the six‑week public submission period (ss 15(3)(f), 24(2)(f), 30(3)(d)) where affected parties claim inadequate opportunity to be heard.
Because the source contains no reported litigation, practitioners should treat these as potential litigation vectors grounded in the statutory text rather than as historical litigated questions. Where litigation is contemplated, the statute pins particular evidentiary and procedural thresholds that will guide pleadings and judicial analysis.
Gotchas
The Act contains several non‑obvious traps or friction points that commonly cause compliance failures or operational surprises. These are concrete, statute‑anchored hazards practitioners and clients should watch.
The Authority is the Minister, but many functions require unanimous Council recommendation
Although s 8 designates the Authority as the Minister, most substantive declarations and emergency or retrospective actions cannot be made unless the Council has unanimously recommended them (for example ss 18(2), 27(2), 28(2), 29(2), 31(2), 51(1)). Practitioners should not assume ministerial discretion is free; Council unanimity is a recurring procedural lock that can delay or block action. The source clarifies in s 3(1)(4)(a)-(c) how recommendations and approvals are treated for Council purposes.
Non‑delegable core functions
Delegation is available (s 9), but the Act lists many non‑delegable functions including ss 17, 18, 26, 27, 28, 29, 31, 32, 36 and 51. That means operational staff cannot make final decisions on declarations and certain inquiry directions; the Authority must retain those. Expect bottlenecks if departmental resources are relied upon for substantive judgments.
Public notice requirements are geographically broad
Notices of proposed target organisms must be published in at least one Tasmanian newspaper and in each other State and the ACT (s 15(2)). Failure to publish appropriately may be susceptible to procedural challenge for inadequate notice.
Six‑week submission window is statutory, but extension is discretionary
The default submission period is six weeks from Gazette publication, but the Authority may allow a longer period either before or after expiration (ss 15(3)(f), 24(2)(f), 30(3)(d)). Applicants and affected parties should monitor Gazette notices closely and seek extensions promptly where more time is needed.
Legal immunities are broad but contain a technical three‑part exception
The bar to proceedings under s 34(1) and s 35(1) is wide ranging, including preventing injunctions to stop release and limiting damage claims. However, s 34(3) and s 35(4) permit suits where (a) significant non‑target effects occur, (b) persons with reputed special knowledge knew or had reasonable grounds to expect such effects, and (c) the Authority did not take that factor into account in making the declaration. The triadic structure means that a claimant must assemble evidence not only of harm, but also of contemporary professional knowledge and of administrative omission. Failing to appreciate this triadic evidentiary hurdle can lead to misplaced litigation strategies.
Retrospective declarations can be used to regularise past releases
Section 29 allows the Authority to declare organisms agent organisms where they were released before the Act commenced and it would probably have led to declarations at the time. Section 30 contemplates notice and submissions regarding contemplated declarations under s 29. Parties should be alert that historical releases may be regularised administratively and thereby attract the Act’s liability protections.
Declarations can restrict who may release agents
Declarations may include conditions specifying who may release agent organisms and under what circumstances (s 27(3) and parallel provisions). That is an administrative lever that can effectively exclude or include particular actors from carrying out releases; commercial or research proponents should anticipate conditions that limit their operational rights.
Declarations endure indefinitely, regardless of release frequency
Section 52 provides that once a declaration in relation to agent organisms is in force, those organisms may be released notwithstanding the length of time since the last release. This means a declaration can permit revival of release programs after lengthy dormancy without a fresh statutory declaration.
Inquiry evidence and confidentiality tensions
Commissions may direct hearings to be in private for confidentiality reasons (s 39(2)) and may restrict publication of evidence and documents (s 39(2)(b); s 36(6)). Parties possessing sensitive commercial or proprietary data should engage early with Commission processes to request confidentiality directions. However, Commissions also have discretion to make evidence public once they assess the public interest (s 39(6)), so claiming confidentiality will not be automatic.
Service point and procedural formality
Applications and particulars must be lodged at the Department head office (s 53). Failure to use the correct filing point or to comply with the prescribed particulars in s 11(3) and s 20(3) can result in administrative rejection or delay.
Regulation power can alter procedures
The Governor may make regulations prescribing procedures for initiation and processing of proposals (s 54). Practitioners should watch subordinate instruments for procedural changes that may materially affect timelines and evidentiary requirements.
These concrete statutory mechanics create choke points in decision‑making, evidentiary bars for litigation, and administrative levers for conditioning release. Each “gotcha” flows from a specific section cited above and should be explicitly addressed in any operational plan.
How to comply
This section sets out practicable compliance steps and checklists tied to the statutory process for applicants, the Authority and departmental officers, organisations that may release agent organisms, and stakeholders who need to monitor or participate in decision processes. All steps reference the statutory provisions they implement.
For applicants proposing target organisms (s 11)
Prepare the application in writing and ensure it is signed by the applicant (if natural person) or a natural person authorised by the applicant (s 11(2)).
Include statutory particulars:
identity particulars for the organisms (s 11(3)(a));
particulars of reasons why the organisms are considered to be causing harm in the State, using the statutory public‑benefit framing (s 3(2) and s 11(3)(b));
particulars of why the organisms are, or are likely to be, controllable by biological means (s 11(3)(c));
and any other prescribed particulars (s 11(3)(d)).
Lodge the application at the Department head office as required by s 53.
Be ready to provide copies for perusal if the Council’s recommendation follows an application (s 15(3)(e)).
For applicants proposing agent organisms (s 20)
Prepare the agent application in writing with the signature requirements in s 20(2).
Provide particulars identifying the organisms (s 20(3)(a)); describe possible mechanisms by which the release could control target populations (s 20(3)(b)); and include any prescribed particulars (s 20(3)(c)).
Lodge the application at the Department head office (s 53).
If the Council unanimously recommends, expect the Authority to publish a notice and make copies available for perusal (s 24(1)-(3)).
General procedural compliance
Withdrawal. If you need to withdraw an application prior to referral to Council, do so in writing signed by the appropriate person (ss 12, 21).
Monitor Gazette notices. The Authority must publish notices in the Gazette and, where required, the Commonwealth Gazette and newspapers across jurisdictions (ss 15(1), 15(2), 24(1), 30(1)). Timelines for public submissions are statutory (six weeks default, ss 15(3)(f), 24(2)(f), 30(3)(d)) and require prompt action.
Engage during public submission windows. The Authority must consider submissions (ss 16, 25), so prepare written submissions with factual evidence and expert reports if opposing or supporting a contemplated declaration.
Preparing for inquiries (Part VII)
If the Authority refers the matter to inquiry (ss 17(1)(e), 26(1)(e), 31(1)(c)), be prepared to respond to Commission notices (s 38) and to produce documents and witnesses as summoned (s 40). Non‑attendance, refusal to be sworn, or refusal to produce documents without reasonable excuse carries penalties (ss 41-43).
If you have confidential or commercially sensitive material, apply early to the Commission for directions under s 39(2) limiting publication or for private hearing arrangements.
Ensure witnesses understand protections against victimisation (s 49) and that employers recognise statutory limits on dismissal or prejudice for participation in inquiries (s 49(2)).
For those intending to conduct releases
Confirm the organism has been declared an agent organism and that any release complies with conditions set out in the Gazette notice (s 33(1)-(2); s 27(3)). Releases outside those conditions are not permitted under the Act.
Maintain and document scientific evidence addressing non‑target risk. The statutory liability exception in s 34(3) (and s 35(4) for relevant laws) turns on whether persons with reputed special knowledge of the biology knew or had reasonable grounds to expect significant non‑target effects, and whether the Authority accounted for those risks. Robust documentation increases the prospects that the authority took the risk into account.
For the Authority and departmental officers
Observe non‑delegability. Avoid delegating functions listed in s 9(1)(a). For delegable functions, use written instruments of delegation and retain records of any conditions or limitations (s 9(1)-(6)).
Publish notices as required and make copies of applications available where the Council’s recommendation followed an application (ss 15(1)-(3), 24(1)-(3), 30).
When contemplating emergency, retrospective or relevant law declarations, consult the Council and obtain unanimous recommendations where the statute requires it (ss 28(2), 29(2), 30(2), 31(2), 32).
If inquiries are warranted, follow Part VII procedures: appoint Commissioners, set terms of reference to inquire into benefits and disadvantages from the broad community viewpoint (s 36(3)), and ensure reports are considered before further action (ss 17(4), 26(4), 31(3)).
Recordkeeping and evidence
Keep searchable records of all scientific evaluations, Council advice, public submissions, and reasons. The liability exception in s 34(3)/s 35(4) will turn on whether authorities “took into account” known risks when making declarations.
For applicants, include independent expert risk assessments that address non‑target organisms and statutory “significant effect” criteria.
Regulatory monitoring
Monitor for regulations made under s 54. The Governor may prescribe procedures that change operational timelines and documentary requirements. Ensure systems and processes remain aligned with any regulations in force.
Practical checklist summary
Determine whether the proposal is for target or agent declaration (s 10; s 19).
Assemble required particulars per ss 11(3) or 20(3).
Lodge at Department head office (s 53).
Anticipate referral to Council; ensure technical packages address public‑benefit and non‑target risk factors so Council can evaluate and, ideally, unanimously recommend (s 3(2); ss 15, 24).
If publication and six‑week consultation eventuate, prepare responses and be ready for possible inquiry (ss 15(3), 24(2), 30(3); Part VII).
If declaration is made, note any release conditions and comply; retain documentation evidencing that risks were assessed and communicated to the Authority (s 27(3); s 33(2); s 34(3)(c)).
Following these statute‑anchored steps reduces the risk of administrative error and prepares parties for the narrow liability exceptions and inquiry processes the Act contemplates.
(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 the body known as the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name;
[Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016]kind, in relation to live organisms, or viruses or sub-viral agents, means species, subspecies or variety;
organism means –
(a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
(b) [Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016] a part of, or matter discharged from, an organism within the meaning of paragraph (a) ; or
(c) [Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016] a virus or 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 referred to in paragraphs (a) and (b) ;
person includes an organization;
[Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016]
[Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016]prescribed organisms means organisms that are –
(a) live organisms; or
(b) viruses or sub-viral agents;
relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;
State means –
(a) a State of the Commonwealth; or
(b) the Northern Territory of Australia;
target application means an application under section 11 ;
target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18 , 28 , 29 , or 32 , that the organisms are target organisms for the purposes of this Act;
target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act;
Territory means a Territory referred to in section 122 of the Constitution of the Commonwealth but does not include the Northern Territory of Australia.
(2) 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.
(3) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State.
(4) 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 or given while the Council is 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 authorized to act as a member of the Council in place of another person, then, while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.
(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 reference to –
(a) a function includes a reference to a power, authority and duty; and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
4 Biological control
4 Biological control
[Section 4 Amended by No. 55 of 2016, s. 5, Applied:06 Dec 2016] 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.
5 Relevant laws
5 Relevant laws
(1) Where a law of the Commonwealth or of a State other than Tasmania –
(a) provides for the control by biological means of organisms causing harm; and
(b) establishes an authority having similar functions to those of the Authority –
the Authority may, by notice published in the Gazette, declare that law to be a relevant law for the purposes of this Act.
(2) A declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made.
(3) A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1)(a) and (b) .
6 Act to bind Crown
6 Act to bind Crown
This Act binds the Crown not only in right of this State but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.
7 Act not limited to agricultural pests
7 Act not limited to agricultural pests
The fact that certain functions of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture.
8 Tasmanian Biological Control Authority
8 Tasmanian Biological Control Authority
(1) For the purposes of this Act, a Tasmanian Biological Control Authority is established by this section.
(2) The Authority shall be the Minister of the Crown of the State of Tasmania who is for the time being a member of the Council.
9 Delegation
9 Delegation
[Section 9 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]
(1) The Authority may, be instrument in writing, delegate to an officer of the Department the exercise of any of the functions of the Authority under this Act, other than –
(a) the exercise of the functions of the Authority under section 17 , 18 , 26 , 27 , 28 , 29 , 31 , 32 , 36 , or 51 ; or
(b) this power of delegation.
(2) A function the exercise of which has been delegated under this section may, while the delegation remains unrevoked, be exercised from time to time by the delegate in accordance with the terms of the delegation.
(3) Notwithstanding any delegation under this section, the Authority may continue to exercise any function delegated.
(4) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as are specified in the instrument of delegation.
(5) Any act or thing done or suffered by a delegate acting in the exercise of a delegation under this section has the same force or effect as it would have if it had been done or suffered by the Authority and shall be deemed to have been done or suffered by the Authority.
(6) The Authority may, by instrument in writing, revoke wholly or in part any delegation under this section.
(7) An instrument purporting to have been signed by a person in the capacity of delegate of the Authority shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument duly executed by the Authority and shall, unless the contrary be proved, be deemed to be an instrument signed by a delegate of the Authority.
Part II Target Organisms
Part II Target Organisms
10 Target organisms
10 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 being made to the Authority by the Council; or
(b) an application being made under section 11 .
11 Target application
11 Target application
(1) Where a person considers that organisms of a particular kind are causing harm in the State and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act.
(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 State;
(c) particulars of the 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.
12 Withdrawal of target application
12 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 section 13(1) .
(2) The withdrawal of a target application shall 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.
13 Referral of target application to Council
13 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 law.
14 Notice of rejection of target application
14 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.
15 Notice of proposed target organisms
15 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, if the Council has so recommended, in the Commonwealth 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 at least one newspaper
This is an opening excerpt, not the complete document.