sec.132Biosecurity instrument permit

### sec.132 Biosecurity instrument permit This section applies to a person who is subject to the operation of a biosecurity instrument. The person may apply to an inspector for a permit (a biosecurity instrument permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument. A person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions. The inspector may refuse the application if— the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and biosecurity zone regulatory provisions— regulate the movement of the biosecurity matter or carrier; and provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier. A person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if— biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and the inspector is satisfied the person could reasonably obtain a certificate of that type. The inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit— will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and will not otherwise be detrimental to the effectiveness of the biosecurity instrument. A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order. A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions. A biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4) . A person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part. A biosecurity instrument permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description. An inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument— change the conditions of the permit; or cancel the permit. An inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel. A biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order. s 132 amd 2015 No. 15 s 48 ; 2016 No. 28 s 38 (sec.132-ssec.1) This section applies to a person who is subject to the operation of a biosecurity instrument. (sec.132-ssec.2) The person may apply to an inspector for a permit (a biosecurity instrument permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument. A person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions. (sec.132-ssec.3) The inspector may refuse the application if— the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and biosecurity zone regulatory provisions— regulate the movement of the biosecurity matter or carrier; and provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier. A person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if— biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and the inspector is satisfied the person could reasonably obtain a certificate of that type. (sec.132-ssec.4) The inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit— will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and will not otherwise be detrimental to the effectiveness of the biosecurity instrument. A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order. A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions. (sec.132-ssec.5) A biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4) . (sec.132-ssec.6) A person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part. (sec.132-ssec.7) A biosecurity instrument permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description. (sec.132-ssec.8) An inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument— change the conditions of the permit; or cancel the permit. (sec.132-ssec.9) An inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel. (sec.132-ssec.10) A biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order. - (a) the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and - (b) biosecurity zone regulatory provisions— (i) regulate the movement of the biosecurity matter or carrier; and (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and - (i) regulate the movement of the biosecurity matter or carrier; and - (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and - (c) the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier. - (i) regulate the movement of the biosecurity matter or carrier; and - (ii) provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement ) is given for the biosecurity matter or carrier; and - • biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and - • the inspector is satisfied the person could reasonably obtain a certificate of that type. - (a) will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and - (b) will not otherwise be detrimental to the effectiveness of the biosecurity instrument. - 1 A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order. - 2 A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions. - (a) a stated activity; or - (b) activities of a stated description. - (a) change the conditions of the permit; or - (b) cancel the permit.