52Compliance agreements in force before commencement day

52 Compliance agreements in force before commencement day Compliance agreements continue as transitional approved arrangements (1) This item applies in relation to a compliance agreement that was in force, or is taken to have been in force under subitem (2), between the Commonwealth and another person (in this Division called the other party) under section 66B of the Quarantine Act immediately before the commencement day. Note: A compliance agreement that is taken to have been cancelled under item 55 immediately before the commencement day will not be in force for the purposes of this item. (2) For the purposes of subitem (1), a compliance agreement is taken to have been in force under section 66B of the Quarantine Act immediately before the commencement day if a Director of Quarantine had decided to enter into the compliance agreement with another party before the commencement day, but the agreement had not been signed by the parties before that day. (3) The compliance agreement has effect, on and after the commencement day, as if: (a) the agreement were an arrangement approved by the Director of Biosecurity, under section 406 of the Biosecurity Act, that provides for the other party to carry out the procedures covered by the agreement to manage biosecurity risks associated with the goods covered by the agreement; and (b) the other party were the holder of the approval. Note: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the other party is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act). 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 (3) remains in force until the end (the cessation time) of the period of 18 months beginning on the commencement day, unless: (a) the period is extended under item 53; or (b) the arrangement is revoked earlier under Part 5 of Chapter 7 of the Biosecurity Act; or (c) the arrangement ceases to be in force under subitem (5). (5) If: (a) a transitional approved arrangement is a compliance agreement that is taken to have been in force under subitem (2); and (b) the arrangement is not signed by the Director of Biosecurity within the period of 90 days beginning on the commencement day; the arrangement ceases to be in force at the end of that period. 53 Extension 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 52(3) may apply, in writing, to the Director of Biosecurity to extend the period (the period of operation) during which the arrangement remains in force. 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 extend the period of operation of the arrangement, for up to 18 months after the cessation time for 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) If the Director of Biosecurity decides to extend the period of operation of the transitional approved arrangement, the extended period of operation begins, or is taken to have begun, immediately after the cessation time for the arrangement. (4) The Director of Biosecurity must notify the applicant, in writing: (a) of the Director’s decision; and (b) if the decision is to extend the period of operation of the transitional approved arrangement—of the extended period of operation; and (c) if the decision is not to extend the period of operation of the transitional approved arrangement—of the reasons for the decision. (5) A decision by the Director of Biosecurity under this item not to extend the period of operation of the 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. (6) 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). (7) The period of operation of a transitional approved arrangement that is taken to exist because of subitem 52(3) may be extended only once. 54 Additional circumstances for variation, suspension or revocation of transitional approved arrangement (1) This item applies if a compliance agreement that is taken to be a transitional approved arrangement because of subitem 52(3) provided, under subsection 66B(3) of the Quarantine Act, that in the circumstances (the relevant circumstances) stated in the agreement, a Director of Quarantine may: (a) cancel or vary the agreement; or (b) suspend its operation for a period or until the happening of an event. (2) The Director of Biosecurity may, in the relevant circumstances: (a) give the biosecurity industry participant covered by the transitional approved arrangement a notice under subsection 413(1) of the Biosecurity Act (variation of an approved arrangement) in relation to the arrangement; or (b) suspend the transitional approved arrangement, or a part of the arrangement; or (c) revoke the transitional approved arrangement. Note 1: The giving of a notice under subsection 413(1) of the Biosecurity Act would be permitted by paragraph 413(2)(f) of that Act. Note 2: The powers given by paragraphs (2)(b) and (c) are in addition to the powers conferred by Parts 4 and 5 of Chapter 7 of the Biosecurity Act to suspend or revoke the transitional approved arrangement. Suspension of all or part of transitional approved arrangement (3) If the Director of Biosecurity proposes to suspend the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b), the Biosecurity Act applies in relation to the proposed suspension in the same way as it applies in relation to a proposed suspension of an approved arrangement, or a part of an approved arrangement, on a ground referred to in any of paragraphs 418(1)(a) to (e) of that Act. Note: See, in particular, subsections 418(2) to (4) of the Biosecurity Act. (4) If the Director of Biosecurity suspends the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b), the Biosecurity Act applies in relation to the suspension as if it had been done under subsection 418(1) of that Act on a ground referred to in any of paragraphs 418(1)(a) to (e) of that Act. Note 1: See, in particular, sections 419 to 421 of the Biosecurity Act. Note 2: A decision to suspend the transitional approved arrangement, or a part of the arrangement, under paragraph (2)(b) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act. Revocation of transitional approved arrangement (5) If the Director of Biosecurity proposes to revoke the transitional approved arrangement under paragraph (2)(c), the Biosecurity Act applies in relation to the proposed revocation in the same way as it applies in relation to a proposed revocation of an approved arrangement on a ground referred to in any of paragraphs 423(1)(a) to (e) of that Act. Note: See, in particular, subsections 423(2) to (4) of the Biosecurity Act. (6) If the Director of Biosecurity revokes the transitional approved arrangement under paragraph (2)(c), the Biosecurity Act applies in relation to the revocation as if it had been done under subsection 423(1) of that Act. Note 1: See, in particular, sections 424 to 426 of the Biosecurity Act. Note 2: A decision to revoke the transitional approved arrangement under paragraph (2)(c) is a reviewable decision under Part 1 of Chapter 11 of the Biosecurity Act. 55 Compliance agreements suspended or cancelled before commencement day (1) This item applies in relation to a compliance agreement if: (a) the agreement was suspended before the commencement day; or (b) a notice suspending or cancelling the agreement had been given to the other party to the agreement before the commencement day and the notice had not taken effect before that day. (2) The compliance agreement is taken to have been cancelled immediately before the commencement day. Note: The other party may make an application under section 405 of the Biosecurity Act for approval of a proposed arrangement to carry out biosecurity activities to manage biosecurity risks associated with specified goods, premises or other things. (a) the other party to the compliance agreement had been notified by a Director of Quarantine, in accordance with the compliance agreement, of directions in relation to matters covered by the compliance agreement; and (b) the period during which the directions were required to be complied with had not ended before the commencement day; the other party must continue to comply with the directions as if the compliance agreement had not been cancelled under subitem (2). (4) Despite the repeal of the Quarantine Act by this Act, subsection 66B(7) of that Act continues to apply in relation to the requirements imposed on the other party by the directions referred to in subitem (3).