QLDIn ForceAct
Biosecurity Act 2014
sec.401Decision on application
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### sec.401 Decision on application
If the chief executive decides to grant the application, the chief executive must—
decide the provisions of the compliance agreement; and
give the applicant an information notice for the decision that includes the proposed provisions; and
on behalf of the State, enter into a compliance agreement with the applicant.
Without limiting section 393 , the provisions of a compliance agreement may include any of the following—
that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business;
particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement;
the records the applicant must keep to show compliance with the procedures;
agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures;
the performance outcomes for the procedures;
circumstances in which the agreement can be cancelled or suspended;
circumstances in which the agreement can be amended;
the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement;
the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive;
the day that the agreement takes effect;
any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.
A compliance agreement must state its term that is not more than 5 years after the agreement takes effect.
See sections 393 and 407 for when the chief executive may cancel a compliance agreement.
If the chief executive decides to refuse the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.
(sec.401-ssec.1) If the chief executive decides to grant the application, the chief executive must— decide the provisions of the compliance agreement; and give the applicant an information notice for the decision that includes the proposed provisions; and on behalf of the State, enter into a compliance agreement with the applicant.
(sec.401-ssec.2) Without limiting section 393 , the provisions of a compliance agreement may include any of the following— that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business; particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement; the records the applicant must keep to show compliance with the procedures; agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures; the performance outcomes for the procedures; circumstances in which the agreement can be cancelled or suspended; circumstances in which the agreement can be amended; the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement; the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive; the day that the agreement takes effect; any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.
(sec.401-ssec.3) A compliance agreement must state its term that is not more than 5 years after the agreement takes effect. See sections 393 and 407 for when the chief executive may cancel a compliance agreement.
(sec.401-ssec.4) If the chief executive decides to refuse the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.
- (a) decide the provisions of the compliance agreement; and
- (b) give the applicant an information notice for the decision that includes the proposed provisions; and
- (c) on behalf of the State, enter into a compliance agreement with the applicant.
- (a) that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business;
- (b) particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement;
- (c) the records the applicant must keep to show compliance with the procedures;
- (d) agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures;
- (e) the performance outcomes for the procedures;
- (f) circumstances in which the agreement can be cancelled or suspended;
- (g) circumstances in which the agreement can be amended;
- (h) the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement;
- (i) the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive;
- (j) the day that the agreement takes effect;
- (k) any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.