49Negative pratique

49  Negative pratique  (1) The Director of Human Biosecurity may specify, in writing:  (a) classes of incoming aircraft or vessels in relation to which pratique is to be granted by a biosecurity officer; and  (b) the requirements with which an incoming aircraft or vessel in that class must comply for pratique to be granted by a biosecurity officer.  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.  (3) Requirements specified for the purposes of paragraph (1)(b) must be consistent with Articles 28.2 and 43 of the International Health Regulations.  (4) A biosecurity officer may grant pratique, orally or in writing, in relation to an incoming aircraft or vessel in a particular class of incoming aircraft or vessel if the aircraft or vessel complies with the requirements specified for the purposes of paragraph (1)(b) for that class of aircraft or vessel.  (5) If a biosecurity officer orally grants pratique in relation to an incoming aircraft or vessel, he or she must make a written record of the grant as soon as practicable after the aircraft or vessel arrives at:  (a) its first point of entry; or  (b) another landing place where the aircraft is permitted under subsection 239(2) to land; or  (c) another port where the vessel is permitted under subsection 247(2) to moor.  (6) An instrument made under subsection (4) or (5) is not a legislative instrument.