46Power to carry out vector monitoring and control activities with consent

46 Power to carry out vector monitoring and control activities with consent (1) Section 55E of the Quarantine Act continues to apply, for the 6 months beginning on the commencement day, in relation to private property for which both the following conditions are met: (a) the person who owns or controls the property either: (i) gave consent before the commencement day for a quarantine officer (human quarantine), and other persons acting under his or her supervision or control (if any) to enter onto the property and carry out vector monitoring and control activities; or (ii) gives consent not more than 90 days after the commencement day for a biosecurity officer, and other persons acting under his or her supervision or control (if any) to enter onto the property and carry out vector monitoring and control activities; (b) the property is not in a biosecurity monitoring zone under the Biosecurity Act. Note: If the property starts to be in a biosecurity monitoring zone at any time in those 6 months, section 55E of the Quarantine Act ceases to apply in relation to the property at that time. (2) That section applies for that period as if it referred to a human biosecurity officer instead of a quarantine officer (human quarantine). Part 5—Co‑regulatory approvals and compliance agreements Division 1—Co‑regulatory approvals 47 Co‑regulatory approvals in force before commencement day Previous approvals continue as transitional approved arrangements (1) This item applies in relation to an approval (the previous approval) that was in force under section 46A of the Quarantine Act immediately before the commencement day. Note: An approval that is taken to have been revoked immediately before the commencement day under item 49 will not be in force for the purposes of this item. (2) The previous approval has effect, on and after the commencement day, as if it were an approval (the corresponding approval) by the Director of Biosecurity, under section 406 of the Biosecurity Act, of an arrangement that provides for the holder of the previous approval to carry out the activities covered by the previous approval, at the place covered by the previous approval, to manage biosecurity risks associated with the class of goods covered by the previous approval. Note 1: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the holder of the corresponding approval is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act). Note 2: The approved arrangement may be renewed under item 48, or varied, suspended or revoked under Chapter 7 of the Biosecurity Act. Approvals given subject to conditions (3) If the previous approval was given subject to one or more conditions, the corresponding approval has effect subject to the same conditions. Period during which transitional approved arrangement remains in force (4) The approved arrangement (the transitional approved arrangement) that is taken to exist because of subitem (2) ceases to be in force at the time (the cessation time) when the relevant previous approval would have ceased to be in force, unless the arrangement: (a) is renewed under item 48; or (b) is revoked earlier under Part 5 of Chapter 7 of the Biosecurity Act. 48 Renewal of transitional approved arrangement (1) A biosecurity industry participant (the applicant) covered by a transitional approved arrangement that is taken to exist because of subitem 47(2) may apply, in writing, to the Director of Biosecurity for renewal of the arrangement. The application must be made: (a) within the period of 3 months ending immediately before the cessation time for the arrangement; or (b) if the Director consents, after the end of that period. Note: An application fee may be required (see item 58). (2) If the Director of Biosecurity receives an application in relation to a transitional approved arrangement under subitem (1), the Director may renew the arrangement if the Director is satisfied, having regard to any matter that the Director considers relevant, that: (a) the applicant is a fit and proper person (having regard to the matters referred to in section 530 of the Biosecurity Act); and (b) the level of biosecurity risk associated with the operation of the arrangement is acceptable. Note: See Division 3 for matters relating to dealing with applications. (3) The Director of Biosecurity may renew the transitional approved arrangement, subject to any conditions the Director considers appropriate: (a) for a period of up to 18 months after the cessation time for the arrangement; or (b) if the Director is satisfied it is appropriate to do so—for a period of up to 3 years after the cessation time for the arrangement. (4) If the Director of Biosecurity decides to renew the transitional approved arrangement, the period for which the renewed arrangement remains in force begins, or is taken to have begun, immediately after the cessation time for the arrangement. (5) The Director of Biosecurity must notify the applicant, in writing: (a) of the Director’s decision; and (b) if the decision is to renew the transitional approved arrangement, of: (i) any conditions to which the renewal is subject; and (ii) the period for which the renewed arrangement has been renewed; and (c) if the decision is not to renew the transitional approved arrangement—of the reasons for the decision. (6) A decision by the Director of Biosecurity under this item not to renew a transitional approved arrangement is a reviewable decision for the purposes of the Biosecurity Act and the applicant is the relevant person for the reviewable decision. (7) Section 530 of the Biosecurity Act applies for the purposes of determining whether a person is a fit and proper person for the purposes of this item (in addition to the other purposes for which that section applies). (8) A transitional approved arrangement that is taken to exist because of subitem 47(2) may be renewed only once.