sec.30Prohibited matter regulation

### sec.30 Prohibited matter regulation A regulation (a prohibited matter regulation ) may— declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter. The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and prompt action is required to declare the biosecurity matter to be prohibited matter. The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and prompt action is required to declare the biosecurity matter not to be prohibited matter. A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter. s 30 om 2024 No. 17 s 110 (uncommenced amendment) (sec.30-ssec.1) A regulation (a prohibited matter regulation ) may— declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter. (sec.30-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (a) only if the Minister is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and prompt action is required to declare the biosecurity matter to be prohibited matter. (sec.30-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) only if the Minister is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and prompt action is required to declare the biosecurity matter not to be prohibited matter. (sec.30-ssec.4) A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1 no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter. - (a) declare that particular biosecurity matter not mentioned in schedule 1 is prohibited matter; or - (b) declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter. - (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and - (b) prompt action is required to declare the biosecurity matter to be prohibited matter. - (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and - (i) the biosecurity matter is no longer contained and can not be eradicated; - (ii) the biosecurity matter has spread and is in a large area of the State; - (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; - (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and - (b) prompt action is required to declare the biosecurity matter not to be prohibited matter. - (i) the biosecurity matter is no longer contained and can not be eradicated; - (ii) the biosecurity matter has spread and is in a large area of the State; - (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; - (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and