QLDIn ForceAct
Biosecurity Act 2014
sec.403Grounds for suspension or cancellation
Start here
Get a plain-English read of sec.403
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2014.
### sec.403 Grounds for suspension or cancellation
Each of the following is a ground for suspending or cancelling a compliance agreement—
the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement;
the other party is convicted of an offence against section 409 ;
the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement;
a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk;
the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party;
a ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .
For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for entering into a compliance agreement is a suitable person to enter into the agreement.
(sec.403-ssec.1) Each of the following is a ground for suspending or cancelling a compliance agreement— the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; the other party is convicted of an offence against section 409 ; the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement; a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk; the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party; a ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .
(sec.403-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for entering into a compliance agreement is a suitable person to enter into the agreement.
- (a) the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement;
- (b) the other party is convicted of an offence against section 409 ;
- (c) the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement;
- (d) a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk;
- (e) the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party;
- (f) a ground for cancelling or suspending the agreement has arisen under section 401 (2) (f) .