Part 8Permits

Part 8—Permits 132—Interpretation relevant decision-maker, in relation to a permit, means— (b) a Chief Officer. 133—Types of permit (1) The following types of permit may be granted under this Part: (a) a permit that— (i) authorises conduct that, but for the permit, contravenes or may contravene an emergency order, or an emergency biosecurity direction; and (ii) specifically relates or applies to the emergency relevant to the emergency order or emergency biosecurity direction; (b) a permit that expressly authorises a specified dealing with prohibited matter; (c) a permit that expressly authorises a prohibited dealing; (d) a permit that authorises a dealing that, but for the issue of the permit, would be otherwise unlawful under this Act. (2) A permit under this Part may be granted to— (a) a person specified in the permit; or (b) a group, or class of persons, specified in the permit. 134—Effect of permit (1) Subject to subsection (2), a person is not guilty of an offence under this Act in respect of conduct if— (a) the person is a permit holder with a valid permit; and (b) the permit authorises the conduct; and (c) the person is acting in accordance with the permit when engaging in the conduct. (2) A permit does not authorise conduct in contravention of an emergency order or emergency biosecurity direction unless— (a) the permit is an emergency permit granted in respect of the relevant emergency; and (b) the conduct of the person is in accordance with the emergency permit. (3) Nothing in this section, or a permit, authorises a permit holder to contravene the provisions of another Act. (4) To avoid doubt, compliance with a permit in respect of a dealing may not, of itself, discharge the general biosecurity duty in respect of any dealing engaged in accordance with the permit. Division 2—Individual permits 135—Application for permit (1) A person may apply to a relevant decision-maker for an individual permit under this Act. (b) include, or be accompanied by, any prescribed information or evidence; and (c) include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and (d) be accompanied by the prescribed fee. (3) A relevant decision-maker may, by written notice, require an applicant for an individual permit to provide further information, documents or records relevant to the application. (4) The applicant may, with the approval of the relevant decision-maker or at the request of the relevant decision-maker, amend the application before the relevant decision-maker has finished considering it. 136—Grant or refusal of permit (1) A relevant decision-maker may, after considering an application for an individual permit, grant a permit with or without conditions, or refuse to grant a permit, to the applicant. (2) An individual permit granted under subsection (1) must be in the approved form. (3) Without limiting subsection (2), a permit must specify the type of permit that has been granted. (4) A relevant decision-maker must refuse to grant an individual permit if the relevant decision-maker considers that the granting of the permit would create a biosecurity risk that is inconsistent with the objects of this Act. (5) A relevant decision-maker may refuse to grant an individual permit to an applicant— (a) if the application for the permit does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or (b) if the relevant decision-maker is not satisfied that the applicant is a suitable person to engage in conduct to be authorised under the permit; or (c) in an emergency, it would not be appropriate to grant the permit; or (e) for any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application. (6) If a relevant decision-maker refuses to grant an individual permit, the relevant decision-maker must, by written notice— (7) If a relevant decision-maker fails to give an applicant notice of a decision to grant or to refuse an individual permit within the prescribed period, the relevant decision-maker is taken to have refused to grant the permit. 137—Duration of permit (1) An individual permit remains in force for a period, not exceeding 5 years, specified on the permit, unless sooner cancelled or suspended. (2) An individual permit has no effect during any period during which the permit is suspended. (3) An individual permit may be renewed in accordance with this Act. 138—Variation of permit (1) A relevant decision-maker may, at any time, vary an individual permit by written notice to the permit holder. (b) on the application of the permit holder. (3) A variation of an individual permit may include the variation of a condition of the permit. (a) the form and procedure for an application for a variation; and (b) matters to be included in a notice of variation, or in a notice of a decision to refuse an application for a variation. (5) A prescribed fee may be payable in relation to an application for a variation. 139—Renewal of permit (1) A permit holder may apply to a relevant decision-maker for the renewal of an individual permit. (a) be made at least 28 days before the expiry of the relevant permit, or within such shorter period as the relevant decision-maker may, in its absolute discretion, allow; and (b) be made in the approved form; and (c) include, or be accompanied by, any prescribed information or evidence; and (d) include, or be accompanied by, any other information or evidence that the relevant decision-maker reasonably requires in connection with the application; and (e) be accompanied by the prescribed fee. (3) The relevant decision-maker may, by written notice, require an applicant to provide further information, documents or records relevant to the application. (4) If an application for renewal of an individual permit is duly made to a relevant decision-maker within the period applying under subsection (2)(a), the permit is taken to continue in force until the relevant decision-maker notifies the applicant of a decision to grant or refuse the application. (5) Nothing in subsection (4) prevents the permit from being suspended or cancelled in accordance with this Act before the expiry of the permit. 140—Grant or refusal of renewal of permit (1) A relevant decision-maker may, after considering an application for renewal of an individual permit, renew the permit with or without conditions, or refuse to renew the permit. (2) A relevant decision-maker must refuse to renew the permit in prescribed circumstances. (3) A relevant decision-maker may refuse to renew the permit— (a) if the application does not comply with any requirement imposed by or under this Act, including the payment of the relevant application fee; or (b) if the relevant decision-maker is not satisfied that the applicant is a suitable person to continue to hold the permit; or (c) if the relevant decision-maker considers that it would not be appropriate to renew the permit due to the occurrence of an emergency; or (e) for any other reason that the relevant decision-maker considers to be sufficient reason for refusing the application. (4) If a relevant decision-maker refuses to renew an individual permit, the relevant decision-maker must, by written notice— Division 3—Group permits 141—Grant of group permit (1) A relevant decision-maker may grant a group permit, with or without conditions, on the relevant decision-makers own initiative or at the written request of a person. (2) A relevant decision-maker must not grant a group permit if the relevant decision-maker considers that the granting of the permit would create a biosecurity risk that is inconsistent with the objects of this Act. (3) A group permit remains in force for a period, not exceeding 5 years, determined by the relevant decision-maker unless sooner cancelled or suspended. (4) If a relevant decision-maker refuses to grant a group permit that has been requested by a person, the relevant decision-maker must, by written notice, notify the person of the decision. (5) No right of review or appeal lies against a decision of a relevant decision-maker to refuse to grant a group permit. 142—Form of permit A group permit must— (a) be in the approved form; and (b) specify— (i) the persons, or class of persons, in respect of which the permit has been granted; and (ii) the type of permit that has been granted; and (iii) any condition imposed in respect of the permit; and (iv) the period in respect of which the permit remains in force. 143—Variation of permit (1) A relevant decision-maker may, at any time, vary a group permit by written notification. (b) at the written request of a person. (3) A variation of a group permit may include the variation of a condition of the permit. (a) the form and procedure for a request for a variation; and (b) matters to be included in a notification, and the publication of a notification. 144—Renewal of permit A relevant decision-maker may renew a group permit, for such period not exceeding 5 years, and on such terms, as the relevant decision-maker thinks fit by written notification made in accordance with the regulations. Division 4—Conditions of permits 145—Conditions of permit (1) A relevant decision-maker may impose conditions on a permit— (a) at the time of the grant, or renewal, of the permit; and (b) at any other time by variation to the permit. (2) In addition to any condition imposed on a permit under subsection (1), the permit may be subject to prescribed conditions. (3) Unless expressly provided under this Act, a section of this Division that authorises a type of condition to be imposed on a permit does not— (a) prevent other conditions from being imposed on the permit; or (b) limit the type of conditions that may be imposed on the permit. 146—Conditions relating to insurance (1) A condition imposed on a permit may require the permit holder to take out a policy of insurance. (2) The condition may include— (a) the form and type of insurance to be held; and (b) the types of conduct or actions to be indemnified by the insurance; and (c) the amount of insurance cover to be maintained; and (d) the period for which the insurance must be maintained, including that the insurance be maintained beyond the duration of the permit; and (e) any other requirements the relevant decision-maker thinks fit. 147—Conditions requiring biosecurity audits A condition imposed on a permit may require the permit holder to co-operate with, or arrange, mandatory biosecurity audits at specified intervals. 148—Conditions requiring financial assurances secured event, in relation to a permit, includes the following events: (a) the permit holder contravening a condition on the permit, other than a condition referred to in subsection (2); (b) the permit holder placing any biosecurity matter, that the permit authorises the permit holder to deal with, in the care of the Chief Executive; (c) the permit holder engaging in conduct that the permit holder is not, or is no longer, authorised to engage in under the permit; (d) the permit holder being unable, for any reason, to continue to engage in the conduct authorised by the permit. (2) A condition imposed on a permit may require the permit holder— (a) to provide financial assurance to secure, or guarantee, funding for or towards the doing of anything required in the event of a secured event in relation to a dealing under the permit; and (b) to provide evidence of such financial assurance before a relevant decision-maker grants, renews, varies, suspends or cancels the permit. (3) A condition imposing a financial assurance may specify the assurance to be in 1 or more of the following forms: (a) a bank guarantee; (b) a bond; (c) a prescribed form; (d) any other form that is approved by the relevant decision-maker. (4) A financial assurance— (a) may be claimed and realised, despite and without affecting— (i) any liability of the permit holder for a penalty in respect of an offence that may have occurred as a result of the contravention to which the assurance relates; and (ii) any other action that may be taken, or is required to be taken, in relation to any contravention or other circumstances to which the assurance relates; and (b) if it is claimed and realised, is in addition to, and does not prevent the imposition of, a penalty imposed for the contravention of this Act, or a condition of the permit, in respect of the contravention to which it relates. (5) Unless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters: (a) the method of calculating the amount of the financial assurance required; (b) the circumstances in which all, or any part, of the financial assurance may be claimed, or realised, and the procedure for claiming or realising the financial assurance; (c) the actions that may be taken following a secured event, including— (i) the circumstances when those actions may be taken by, or on behalf of, Chief Executive; and (ii) the circumstances when the Chief Executive, or a person authorised by the Chief Executive, may enter land to take those actions; (d) the provision of information in specified circumstances; (e) the audit of actions that may result in the financial assurance being claimed or realised; (f) the administrative requirements in relation to the financial assurance; (g) the release of the financial assurance. 149—Conditions to take effect later (1) A condition of a permit may provide that all or a part of the permit does not take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs. (2) Without limiting subsection (1) the conditions may provide that the permit will not take effect until a financial assurance is provided in accordance with a condition. 150—Failure to comply with condition (1) A permit holder must not contravene a condition of the permit. (2) A person who commits an offence against subsection (1) because the person contravenes a condition— (3) A penalty imposed in respect of an offence under subsection (1) is in addition to any action taken under Division 5 for the contravention of the condition. Division 5—Suspension, cancellation or surrender of permit 151—Grounds for suspension or cancellation of permit (1) Each of the following is grounds for suspending or cancelling an individual permit: (a) the permit holder has contravened this Act or a corresponding law; (b) without limiting paragraph (a), the permit holder has contravened a condition of the permit; (c) the permit holder is not a suitable person to engage in the conduct authorised by the permit; (d) an application relating to the permit was false or misleading in a material particular; (e) the permit holder has failed to pay fees or charges payable by the permit holder under this Act; (f) it is in the interests of public safety to suspend or cancel the permit; (g) information has been provided that, if it had been received at the time that an application relating to the permit was made, may have resulted in an application for the permit being refused; (h) the suspension or cancellation is necessary in an emergency; (i) any other prescribed ground. (2) Subsection (1)(h) does not apply in respect of an emergency permit that was expressly granted in respect of the emergency. (3) A group permit may be cancelled or suspended by a relevant decision-maker at any time if the relevant decision-maker believes, on reasonable grounds, that the cancellation or suspension of the permit is appropriate. 152—Suspension of permit (1) A relevant decision-maker may, by written notice to the permit holder, suspend an individual permit if the relevant decision-maker is satisfied that there are grounds for the suspension of the permit. (3) Before suspending the permit, the relevant decision-maker must— (a) give written notice to the permit holder of the relevant decision-maker's intention to suspend the permit and the proposed grounds for doing so; and (b) allow the permit holder at least 14 days to make a submission to the relevant decision-maker about the proposed suspension; and (c) take into account any submission made to the relevant decision-maker by the permit holder before the deadline for the making of a submission. (4) The relevant decision-maker is not required to give notice under subsection (3) of a proposed suspension if the relevant decision-maker is of the opinion that the suspension is required urgently because of the biosecurity impact of the conduct authorised by the permit, or in an emergency. (5) However, if the relevant decision-maker suspends a permit without giving notice under subsection (3), the relevant decision-maker must— (a) give the permit holder written notice of the grounds of the suspension as soon as practicable after the suspension occurs; and (b) invite the permit holder to make a submission to the relevant decision-maker about the suspension by a specified deadline (being at least 14 days after the notice is given to the permit holder) (6) If the permit holder makes a submission to the relevant decision-maker about the suspension before the specified deadline, the relevant decision-maker must— (b) give written notice of that decision to the permit holder. (7) A notice under subsection (1) or (6) must also provide information about the right to apply for a review of the decision to suspend the permit under Part 13. (8) A group permit is suspended in the manner prescribed by the regulations. 153—Cancellation of permit (1) A relevant decision-maker may, by written notice to the permit holder, cancel an individual permit if the relevant decision-maker is satisfied that there are grounds for the cancellation of the permit. (3) Before cancelling the permit, the relevant decision-maker must— (a) give written notice to the permit holder of the relevant decision-maker's intention to cancel the permit and the proposed grounds for doing so; and (b) allow the permit holder at least 14 days to make a submission to the relevant decision-maker about the proposed cancellation; and (c) take into account any submission made to the relevant decision-maker by the permit holder before the deadline for the making of a submission. (4) The relevant decision-maker is not required to give notice under this section of a proposed cancellation if the permit of the permit holder is suspended and either— (a) the permit holder was given an opportunity to make a submission about the suspension before the suspension took effect; or (b) the permit holder was given an opportunity to make a submission about the suspension after the suspension took effect, and the period specified for making that submission has ended. (5) A notice under subsection (1) must also provide information about the right to apply for a review of the decision to cancel the permit under Part 13. (6) A group permit is cancelled in the manner prescribed by the regulations. 154—Voluntary surrender of individual permit (1) A permit holder may surrender the permit holder's individual permit. (2) The surrender of an individual permit must— (b) be made to a relevant decision-maker; and (c) be accompanied by the relevant prescribed fee; and (d) include or be accompanied by any information or evidence required by the relevant decision-maker to determine the consequences that may result from the surrender of the permit. (3) The surrender of an individual permit does not take effect until the relevant decision-maker has given the permit holder written notice that the relevant decision-maker is satisfied that all biosecurity matter and carriers will be dealt with appropriately by the permit holder. (4) On the surrender of an individual permit taking effect, the permit is cancelled. 155—Effect of suspension, cancellation or surrender (1) A permit may be suspended, cancelled or surrendered under this Division unconditionally or subject to such conditions as a relevant decision-maker may impose. (i) that all relevant biosecurity matter and carriers are to be dealt with appropriately on the suspension, cancellation or surrender of the permit; and (b) may include, but is not limited to, any conditions to which the permit was subject immediately before it was suspended, cancelled or surrendered. (3) A relevant decision-maker may, by written notice given in accordance with the regulations, vary a condition imposed under this section. (4) A permit holder or former permit holder must comply with a condition attached to the suspension, cancellation or surrender of the permit