[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;
, in relation to live organisms, or viruses or sub-viral agents, means species, subspecies or variety;
[Section 3 Subsection (1) amended by No. 55 of 2016, s. 4, Applied:06 Dec 2016]
kind
organism means –
(a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
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.