sec.393Entering into compliance agreements

### sec.393 Entering into compliance agreements The chief executive may, for the State, enter into an agreement (a compliance agreement ) that— helps achieve the purposes of this Act; and is between the State and a person (the other party ); and identifies any biosecurity risk matter the subject of the agreement; and provides for— the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and the records the other party must keep to show compliance with the procedures; and the supervision, monitoring and testing of the other party’s compliance with the procedures. A compliance agreement may provide that, in the circumstances and to the extent stated in the agreement, the chief executive may give the other party notice— cancelling or amending the agreement; or suspending the operation of the agreement— for a stated period; or until the happening of a stated event. An inspector may give the other party notice of the application of particular procedures that are additional to the procedures contained in the compliance agreement. However, the inspector may give notice under subsection (3) only if the inspector is acting under chapter 10 , part 3 . If the inspector gives notice under subsection (3) , the procedures stated in the notice are taken to be procedures in the compliance agreement. Also, a compliance agreement is of no effect in relation to a person to the extent that it purports to authorise an act or omission that is contrary to any of the following applying to the person— a biosecurity emergency order; a biosecurity zone regulatory provision; a movement control order. s 393 amd 2024 No. 17 s 105 (sec.393-ssec.1) The chief executive may, for the State, enter into an agreement (a compliance agreement ) that— helps achieve the purposes of this Act; and is between the State and a person (the other party ); and identifies any biosecurity risk matter the subject of the agreement; and provides for— the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and the records the other party must keep to show compliance with the procedures; and the supervision, monitoring and testing of the other party’s compliance with the procedures. (sec.393-ssec.2) A compliance agreement may provide that, in the circumstances and to the extent stated in the agreement, the chief executive may give the other party notice— cancelling or amending the agreement; or suspending the operation of the agreement— for a stated period; or until the happening of a stated event. (sec.393-ssec.3) An inspector may give the other party notice of the application of particular procedures that are additional to the procedures contained in the compliance agreement. (sec.393-ssec.4) However, the inspector may give notice under subsection (3) only if the inspector is acting under chapter 10 , part 3 . (sec.393-ssec.5) If the inspector gives notice under subsection (3) , the procedures stated in the notice are taken to be procedures in the compliance agreement. (sec.393-ssec.6) Also, a compliance agreement is of no effect in relation to a person to the extent that it purports to authorise an act or omission that is contrary to any of the following applying to the person— a biosecurity emergency order; a biosecurity zone regulatory provision; a movement control order. - (a) helps achieve the purposes of this Act; and - (b) is between the State and a person (the other party ); and - (c) identifies any biosecurity risk matter the subject of the agreement; and - (d) provides for— (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and (ii) the records the other party must keep to show compliance with the procedures; and (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures. - (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and - (ii) the records the other party must keep to show compliance with the procedures; and - (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures. - (i) the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and - (ii) the records the other party must keep to show compliance with the procedures; and - (iii) the supervision, monitoring and testing of the other party’s compliance with the procedures. - (a) cancelling or amending the agreement; or - (b) suspending the operation of the agreement— (i) for a stated period; or (ii) until the happening of a stated event. - (i) for a stated period; or - (ii) until the happening of a stated event. - (i) for a stated period; or - (ii) until the happening of a stated event. - (a) a biosecurity emergency order; - (b) a biosecurity zone regulatory provision; - (c) a movement control order.