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Biosecurity Act 2014
sec.39Restricted matter regulation
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### sec.39 Restricted matter regulation
A regulation (a restricted matter regulation ) may—
declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or
declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted 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 may pose a biosecurity risk; and
the biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and
prompt action is required to declare the biosecurity matter to be restricted 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—
it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and
prompt action is required to declare the biosecurity matter not to be restricted matter.
s 39 om 2024 No. 17 s 115 (uncommenced amendment)
(sec.39-ssec.1) A regulation (a restricted matter regulation ) may— declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.
(sec.39-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 may pose a biosecurity risk; and the biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and prompt action is required to declare the biosecurity matter to be restricted matter.
(sec.39-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— it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and prompt action is required to declare the biosecurity matter not to be restricted matter.
- (a) declare that particular biosecurity matter not mentioned in schedule 2 is restricted matter; or
- (b) declare that particular biosecurity matter mentioned in schedule 2 is no longer restricted matter.
- (a) the biosecurity matter may pose a biosecurity risk; and
- (b) the biosecurity matter satisfies the restricted matter criteria as provided for in section 22 ; and
- (c) prompt action is required to declare the biosecurity matter to be restricted matter.
- (a) it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and
- (b) prompt action is required to declare the biosecurity matter not to be restricted matter.