CTHIn ForceLegislation
Biosecurity Regulation 2016
45Variation, suspension or revocation of permit
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#### 45 Variation, suspension or revocation of permit
(1) This section is made for the purposes of subsection 181(1) of the Act.
(1A) Before the Director of Biosecurity varies, suspends or revokes a permit granted under section 179 of the Act:
(a) a risk assessment must be conducted by a biosecurity worker in relation to the goods to which the permit relates; and
(b) the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.
> Note: ALOP (short for Appropriate Level of Protection) has the meaning given by section 5 of the Act.
(2) In deciding whether to vary, suspend or revoke a permit granted under section 179 of the Act, the Director of Biosecurity must consider:
(aa) the risk assessment that was conducted in relation to the goods to which the permit relates; and
(a) the level of biosecurity risk associated with the goods to which the permit relates; and
(b) whether it is necessary to impose a condition, or further conditions, on the permit to reduce the level of biosecurity risk associated with the goods; and
(c) personal information that was required to be provided with the application for the permit under section 531 of the Act.
(4) In deciding whether to vary, suspend or revoke a permit, the Director of Biosecurity may also consider:
(a) whether the holder of the permit is a fit and proper person (having regard to the matters referred to in section 530 of the Act); and
(b) whether the holder of the permit is an associate of a person who applied under section 177 of the Act for a permit and whose application was refused (whether or not the person’s application related to goods of the same kind); and
(c) any other matters relating to the goods or the holder of the permit that the Director considers relevant.
Chapter 3—Managing biosecurity risks: conveyances