Biological Control Act 1986 (South Australia)

This Act establishes a statutory framework for identifying pest organisms (target organisms), authorising organisms intended to control them (agent organisms), and permitting the release of those agent organisms in South Australia. Mechanically, it creates the South Australian Biological Control Authority (the Authority) as the decision‑maker (s 8), prescribes the content and process for applications to declare target and agent organisms (ss 10-12, 19-22), requires public notice and an opportunity to make submissions where the Agriculture and Resource Management Council (the Council) has unanimously recommended a declaration (ss 15, 24), and provides for inquiries by independent Commissions where the Authority considers adverse effects may occur (Part 7, esp ss 36-39). The Act defines "biological control" and the scope of organisms covered, including viruses and sub‑viral agents, and excludes humans and certain items such as live vaccines or resistant cultivars from “prescribed organisms” (s 3; s 4).

The Act also creates an interjurisdictional mechanism: the Authority may declare a law of another State or the Commonwealth to be a "relevant law" (s 5) and may declare organisms already addressed under a relevant law to be target or agent organisms in South Australia (s 32). It permits emergency declarations where an immediate release is necessary (s 28), recognises prior releases that pre‑date the Act (s 29), and allows releases of agent organisms in accordance with declared conditions (s 33). Importantly, the Act provides civil‑law immunities to prevent court proceedings to restrain releases or to recover damages arising from authorised releases (Part 5, ss 34 and 35), with limited exceptions where known risks to non‑target organisms were foreseeable and omitted from the Authority’s consideration (ss 34(3), 35(3)).

The Act sets out procedural and administrative constraints: the Authority is the Minister who is the Council member responsible for the Act (s 8(2)); many decisions require unanimous recommendation of the Council before the Authority acts (see s 3(4) and multiple provisions requiring unanimous Council recommendation); the Authority may delegate many functions to public service employees but certain functions are non‑delegable (s 9(1)); and persons affected by specific Authority decisions may appeal to the Supreme Court (s 54). The Act prescribes enforcement powers relating to inquiries (criminal penalties for failing to attend, refusing to be sworn, giving false evidence, contempt, and protection for witnesses) (Part 7, ss 40-49), and empowers the Governor to make regulations including procedural rules (s 55).

South Australia Biological Control Act 1986 An Act to make provision for the biological control of pests in the State; and for related purposes.

Contents Preamble Part 1—Preliminary 1 Short title 3 Interpretation 4 Biological control 5 Relevant laws 6 Act to bind Crown 7 Act not limited to agricultural pests 8 South Australian Biological Control Authority 9 Delegation Part 2—Target organisms 10 Target organisms 11 Target application 12 Withdrawal of target application 13 Referral of target application to Council 14 Notice of rejection of target application 15 Notice of proposed target organisms 16 Consideration of submissions relating to target organisms 17 Inquiries relating to target organisms 18 Declaration of target organisms Part 3—Agent organisms 19 Agent organisms 20 Agent application 21 Withdrawal of agent application 22 Referral of agent application to Council 23 Notice of rejection of agent application 24 Notice of proposed agent organisms 25 Consideration of submissions relating to agent organisms 26 Inquiries relating to agent organisms 27 Declaration of agent organisms Part 4—Special declarations of target organisms and agent organisms 28 Emergency declarations 29 Declaration of existing released organisms 30 Notice of proposed declaration under section 29 31 Inquiries relating to declarations under section 29 32 Declaration of organisms declared under a relevant law Part 5—Release of agent organisms 33 Release of agent organisms 34 No legal proceedings to be instituted in respect of release of agent organisms in the State Part 6—Biological control under laws of another State or the Commonwealth 35 No legal proceedings to be instituted in respect of release of agent organisms under a relevant law Part 7—Inquiries 36 Commissions of inquiry 37 Remuneration of Commissioner 38 Notice of inquiries 39 Procedure at inquiries 40 Power to summon witnesses 41 Failure of witness to attend 42 Power to administer oath or affirmation 43 Refusal to be sworn or to answer questions 44 Protection of Commissioners and witnesses 45 False or misleading evidence 46 Contempt of Commission 47 Powers of Commission in relation to documents produced 48 Allowances to witnesses 49 Witnesses not to be prejudiced Part 8—Miscellaneous 50 Act not to render other controls illegal 51 Revocation of declarations 52 Declarations continue in operation 53 Service of documents on Authority 54 Appeals to Supreme Court 55 Regulations Legislative history

Preamble WHEREAS— (1) It is generally acknowledged that in the interests of the Australian economy and for the general protection of the Australian environment it is necessary to implement a Scheme for biological control of pests in the States and Territories of Australia; (2) The implementation of such a Scheme requires uniform legislation throughout Australia and for that legislation to be administered on a uniform basis; (3) The Commonwealth, the other States and the Northern Territory have enacted, or are taking action to provide for the introduction of, the necessary legislation:

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Biological Control Act 1986. 3—Interpretation (1) In this Act, unless the contrary intention appears— agent application means an application under section 20; agent organisms means organisms in respect of which there is in force a declaration by the Authority, under section 27, 28, 29 or 32, that the organisms are agent organisms for the purposes of this Act; agent recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act; Australia includes the external Territories (if any) in respect of which a declaration under section 4(1) of the Commonwealth Act is in force; Authority means the South Australian Biological Control Authority established by section 8; Commonwealth Act means the Biological Control Act 1984 of the Commonwealth as amended from time to time; control, in relation to organisms, includes— (a) reduce the number of those organisms; and (b) prevent an increase in the number of those organisms; and (c) reduce the activity or appetite of some or all of those organisms; and (d) modify the behaviour or characteristics of some or all of those organisms; Council means— (a) the body known as the Agriculture and Resource Management Council of Australia and New Zealand; or (b) if another body is prescribed by the regulations for the purposes of this definition, that other body; kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub‑species or variety; organism means— (a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or (b) a part of, or matter discharged from, an organism within the meaning of paragraph (a); or (c) a virus or sub‑viral agent; organisation includes— (a) a body corporate; and (b) an association or other body of persons; and (c) an association that consists of 2 or more organisations referred to in paragraphs (a) and (b); person includes an organisation; prescribed organisms means organisms that are— (a) live organisms; or (b) viruses or sub‑viral agents, but does not include live vaccines or resistant cultivars; relevant law means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act; State includes the Northern Territory; target application means an application under section 11; target organisms means organisms in respect of which there is in force a declaration by the Authority, under section 18, 28, 29 or 32, that the organisms are target organisms for the purposes of this Act; target recommendation means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act; Territory does not include the Northern Territory. (2) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit. (3) For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State. (4) For the purposes of this Act— (a) a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session; and (b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; and (c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and (d) where a person is authorised to act as a member of the Council in place of another person, then, while the firstmentioned person is so acting, the firstmentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council. (5) A reference in this Act to a recommendation by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act. (6) In this Act, a reference to— (a) a function includes a reference to a power, authority and duty; and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4—Biological control For the purposes of this Act, organisms of a particular kind shall be taken to be controllable by biological means if, and only if, those organisms can be controlled by the release of prescribed organisms of another kind. 5—Relevant laws (1) Where a law of the Commonwealth or of a State other than South Australia— (a) provides for the control by biological means of organisms causing harm; and (b) establishes an authority having similar functions to those of the Authority, the Authority may, by notice published in the Gazette, declare that law to be a relevant law for the purposes of this Act. (2) A declaration shall not be made under subsection (1) in respect of a law unless the Minister administering that law consents in writing to the declaration being made. (3) A declaration made under subsection (1) shall cease to have effect in respect of a law if that law ceases to be a law described in subsection (1)(a) and (b). 6—Act to bind Crown (1) This Act binds the Crown not only in right of South Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown in right of South Australia or in any other capacity liable to be prosecuted for an offence. 7—Act not limited to agricultural pests The fact that certain functions of the Authority under this Act cannot be exercised except on the recommendation of the Council does not imply that the only kinds of organisms that may for the purposes of this Act be regarded as causing harm are kinds that are harmful by reason of their effect on agriculture. 8—South Australian Biological Control Authority (1) For the purposes of this Act, a South Australian Biological Control Authority is established by this section. (2) The Authority is the Council member who is the Minister to whom the administration of this Act is for the time being committed. 9—Delegation (1) The Authority may delegate to an employee of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act the exercise of any of the functions of the Authority under this Act other than— (a) the exercise of the functions of the Authority under section 17, 18, 26, 27, 28, 29, 31, 32, 36 or 51; or (b) this power of delegation. (2) A delegation under this section— (a) shall be in writing; and (b) may be general or limited; and (c) may be revoked, wholly or partly, by the Authority. (3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation. (4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Authority. (5) A delegation under this section does not prevent the exercise of a function by the Authority. (6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section. Part 2—Target organisms 10—Target organisms (1) Subject to and in accordance with this Part, organisms of a particular kind may be declared to be target organisms for the purposes of this Act. (2) Action for the declaration of target organisms in accordance with this Part may be commenced by— (a) a unanimous recommendation being made to the Authority by the Council; or (b) an application being made under section 11. 11—Target application (1) Where a person considers that organisms of a particular kind are causing harm in the State and are, or are likely to be, controllable by biological means, the person may make an application to the Authority for a declaration that organisms of that kind are target organisms for the purposes of this Act. (2) A target application shall be in writing signed— (a) in the case of an application by a natural person—by the applicant; or (b) in any other case—by a natural person authorised by the applicant to do so. (3) A target application in relation to organisms of a particular kind shall set out— (a) particulars identifying the organisms; and (b) particulars of the reasons why the organisms are considered to be causing harm in the State; and (c) particulars of the reasons why the applicant considers that the organisms are, or are likely to be, controllable by biological means; and (d) such other particulars (if any) as are prescribed. 12—Withdrawal of target application (1) A person who has made a target application may withdraw that application at any time before the application is referred to the Council under section 13(1). (2) The withdrawal of a target application shall be effected by the making of a request for withdrawal to the Authority in writing signed— (a) in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or (b) in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request. 13—Referral of target application to Council (1) Subject to subsection (2), where a target application is received by the Authority, the Authority shall refer the application to the Council for its consideration. (2) The Authority is not required to refer to the Council a target application in respect of organisms of a particular kind if— (a) other action to have them declared to be target organisms is being, or has been, taken under this Act; or (b) action to have them declared to be organisms that may be controlled by biological means is being, or has been, taken under a relevant law. 14—Notice of rejection of target application (1) If the Council, after considering a target application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be target organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the target application and to the persons (if any) who made a later target application in respect of those organisms notice in writing stating that the Council does not recommend that those organisms should be target organisms. (2) A notice under subsection (1) shall— (a) if reasons have been given by the Council for not recommending that organisms to which the notice relates should be target organisms—set out those reasons; and (b) if there are circumstances in which, in the opinion of the Authority, a target application in relation to those organisms might result in a recommendation by the Council that those organisms should be target organisms—specify those circumstances. 15—Notice of proposed target organisms (1) Where the Council has unanimously recommended to the Authority that organisms of a particular kind should be target organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating declaring those organisms to be target organisms. (2) Without limiting the generality of subsection (1), a notice under that subsection shall be published in at least one newspaper circulating generally in this State and in each other State and the Australian Capital Territory. (3) A notice under subsection (1) in relation to organisms of a particular kind shall— (a) set out particulars identifying the organisms; and (b) set out brief particulars of the reasons why the organisms are believed to be causing harm in the State; and (c) set out brief particulars of the benefits (if any) resulting from the absence of biological control of the population of the organisms; and (d) state that the Council has unanimously recommended that the organisms should be declared to be target organisms; and (e) where the recommendation of the Council followed a target application in relation to the organisms—inform the public that copies of the target application can be perused at a place specified in the notice; and (f) invite any persons who object to, or support, the organisms being declared to be target organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows. (4) Where the Authority publishes a notice under subsection (1) in relation to a target application, the Authority shall cause copies of the application to be available for perusal at a place specified in the notice in accordance with subsection (3)(e). 16—Consideration of submissions relating to target organisms The Authority shall consider any submissions in response to an invitation referred to in section 15(3)(f). 17—Inquiries relating to target organisms (1) Where the Authority, after— (a) complying with sections 15 and 16 in respect of a target recommendation; and (b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and (c) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry conducted on behalf of another State or the Commonwealth); and (d) considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant, considers that there is evidence that a person or the environment would be adversely affected by the control of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such control has not been held, the Authority may— (e) direct that an inquiry under Part 6 be conducted in respect of the recommendation; or (f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industries Assistance Commission Act 1973 of the Commonwealth to refer the recommendation to the Industries Assistance Commission for inquiry and report; or (g) arrange for an inquiry to be conducted under the Environmental Protection Council Act 1972 in respect of the recommendation; or (h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation. (2) Action shall not be taken under subsection (1)(e), (f), (g) or (h) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1)(b), has unanimously recommended that the action be taken. (3) Where the Authority takes action under subsection (1)(e), (f), (g) or (h) for an inquiry in relation to a target recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry. 18—Declaration of target organisms (1) Where the Authority, after— (a) complying with the preceding provisions of this Part in relation to a target recommendation; and (b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and (c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation, is satisfied— (d) that organisms of the kind to which the recommendation relates are causing harm in this State; and (e) that organisms of that kind are, or that there is a probability that organisms of that kind are likely to be, controllable by biological means; and (f) that— (i) the control throughout Australia of organisms of that kind would not cause any significant harm to any person or to the environment; or (ii) any harm caused to persons or to the environment by the control throughout Australia of organisms of that kind would be significantly less than the harm caused, or likely to be caused, by failure to control organisms of that kind throughout Australia, the Authority, subject to subsection (2), shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare organisms of that kind to be target organisms for the purposes of this Act. (2) The Authority shall not make a declaration under subsection (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with subsection (1)(c), has unanimously recommended that the declaration be made. Part 3—Agent organisms 19—Agent organisms (1) Subject to and in accordance with this Part, prescribed organisms of a particular kind may be declared to be agent organisms for the purposes of this Act. (2) Action for the declaration of agent organisms in accordance with this Part may be commenced by— (a) a unanimous recommendation being made to the Authority by the Council; or (b) an application being made under section 20. 20—Agent application (1) Where a person considers that the release of prescribed organisms of a particular kind would result in the control of— (a) target organisms of a particular kind or kinds; or (b) organisms to which a target recommendation applies or target recommendations apply, (whether or not the organisms referred to in paragraph (a) or (b) can be controlled by existing agent organisms) the person may make an application to the Authority for a declaration that the firstmentioned organisms are agent organisms for the purposes of this Act. (2) An agent application shall be in writing signed— (a) in the case of an application by a natural person—by the applicant; or (b) in any other case—by a natural person authorised by the applicant to do so. (3) An agent application in relation to organisms of a particular kind shall set out— (a) particulars identifying the organisms; and (b) particulars of the possible ways in which the applicant considers that the release of the organisms could control the relevant population of target organisms; and (c) such other particulars (if any) as are prescribed. 21—Withdrawal of agent application (1) A person who has made an agent application may withdraw that application at any time before the application is referred to the Council under section 22(1). (2) The withdrawal of an agent application shall be effected by the making of a request for withdrawal to the Authority in writing signed— (a) in the case of an application by a natural person—by the person who signed the application or by the legal personal representative of that person; or (b) in any other case—by the person who signed the application or by a person authorised by the applicant to sign the request. 22—Referral of agent application to Council (1) Subject to subsection (2), where an agent application is received by the Authority, the Authority shall refer the application to the Council for its consideration. (2) The Authority is not required to refer to the Council an agent application in respect of organisms of a particular kind if— (a) other action to have them declared to be agent organisms is being, or has been, taken under this Act; or (b) action to have them declared to be organisms that may be released to control the population of other organisms is being, or has been, taken under a relevant law. 23—Notice of rejection of agent application (1) If the Council, after considering an agent application referred to it by the Authority, informs the Authority that it does not recommend that the organisms to which the application relates should be agent organisms, the Authority shall cause to be given, in such manner as the Authority considers appropriate, to the person who made the agent application and to the persons (if any) who made a later agent application in respect of those organisms notice in writing that the Council does not recommend that those organisms should be agent organisms. (2) A notice under subsection (1) shall— (a) if reasons have been given by the Council for not recommending that organisms to which the notice relates should be agent organisms—set out those reasons; and (b) if there are circumstances in which, in the opinion of the Authority, an agent application in relation to those organisms might result in a recommendation by the Council that those organisms should be agent organisms—specify those circumstances. 24—Notice of proposed agent organisms (1) Where the Council has unanimously recommended to the Authority that prescribed organisms of a particular kind should be agent organisms, the Authority shall publish in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), and may publish in such newspapers or journals as the Authority thinks appropriate, a notice that the Authority is contemplating declaring those organisms to be agent organisms. (2) A notice under subsection (1) in relation to organisms of a particular kind (in this subsection referred to as the relevant organisms) shall— (a) set out particulars identifying the relevant organisms; and (b) specify the organisms which it is intended to control by the release of the relevant organisms; and (c) set out brief particulars of the manner in which the relevant organisms would control the organisms specified in the notice in accordance with paragraph (b); and (d) state that the Council has unanimously recommended that the relevant organisms should be declared to be agent organisms; and (e) where the recommendation of the Council followed an agent application in relation to the organisms—inform the public that copies of the agent application can be perused at a place specified in the notice; and (f) invite any persons who object to, or support, the relevant organisms being declared to be agent organisms to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within the period of 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows. (3) Where the Authority publishes a notice under subsection (1) in relation to an agent application, the Authority shall cause copies of the application to be available for perusal at the place specified in the notice in accordance with subsection (2)(e). (4) Where the Council has recommended to the Authority that 2 or more kinds of organisms should be agent organisms for the purpose of the control of the same population of particular organisms, a notice under subsection (1) relating to one of those kinds may be combined with a notice under that subsection relating to the other kind or kinds. 25—Consideration of submissions relating to agent organisms The Authority shall consider any submissions in response to an invitation referred to in section 24(2)(f). 26—Inquiries relating to agent organisms (1) Where the Authority, after— (a) complying with sections 24 and 25 in respect of an agent recommendation; and (b) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation; and (c) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant to the recommendation (which may be an inquiry under Part 7 in respect of a target recommendation or an inquiry conducted on behalf of another State or the Commonwealth); and (d) considering any reports relating to the recommendation made by any person or authority competent to do so that the Authority considers relevant, considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the recommendation relates but an adequate investigation or inquiry into the effect of such a release has not been held, the Authority may— (e) direct that an inquiry under Part 7 be conducted in respect of the recommendation; or (f) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industries Assistance Commission Act 1973 of the Commonwealth to refer the recommendation to the Industries Assistance Commission for inquiry and report; or (g) arrange for an inquiry to be conducted under the Environmental Protection Council Act 1972 in respect of the recommendation; or (h) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the recommendation. (2) Action shall not be taken under subsection (1)(e), (f), (g) or (h) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1)(b), has unanimously recommended that the action be taken. (3) An inquiry by virtue of subsection (1) in respect of an agent recommendation that recommends that organisms of a particular kind should be declared to be agent organisms if organisms to which a target recommendation applies are declared to be target organisms and an inquiry by virtue of section 17(1) in respect of the target recommendation may be conducted as if they were one inquiry. (4) Where the Authority takes action under subsection (1)(e), (f), (g) or (h) for an inquiry in relation to an agent recommendation, the Authority shall not take any further action under this Act in relation to that recommendation unless and until the Authority has considered the report made as the result of that inquiry. 27—Declaration of agent organisms (1) Where the Authority, after— (a) complying with the preceding provisions of this Part in relation to an agent recommendation; and (b) considering all reports and other matters relating to that recommendation that the Authority considers it appropriate to consider; and (c) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation, is satisfied— (d) that the release of organisms of the kind to which the recommendation relates (in this subsection referred to as the relevant organisms) could result in the control of target organisms of a particular kind or kinds in the State; and (e) that— (i) the release of the relevant organisms would not cause any significant harm to any person or to the environment, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds; or (ii) any harm caused to persons or to the environment by the release of the relevant organisms, other than the harm (if any) resulting from the control throughout Australia of target organisms of that kind or those kinds, would be significantly less than— (A) the harm caused, or likely to be caused, by failure to control target organisms of that kind or those kinds throughout Australia; and (B) where target organisms of that kind or those kinds can be controlled by the release of other organisms or otherwise than by biological means—the harm (if any) caused, or likely to be caused, by controlling target organisms of that kind or those kinds throughout Australia by the release of those other organisms or by those other means, the Authority, subject to subsection (2), shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare the relevant organisms to be agent organisms for the purposes of this Act. (2) The Authority shall not make a declaration under subsection (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with subsection (1)(c), has unanimously recommended that the declaration be made. (3) A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which those organisms may be released, which conditions may be or include— (a) conditions specifying the persons who may release those organisms; or (b) conditions specifying the circumstances in which those organisms may be released. Part 4—Special declarations of target organisms and agent organisms 28—Emergency declarations (1) If the Authority is satisfied— (a) that an emergency exists because organisms of a particular kind (whether or not they are target organisms)— (i) are having, or are likely to have, a serious effect on the health of humans, animals or plants in the State; or (ii) are causing, or are likely to cause, harm in the State so as to result in significant damage to the economy; or (iii) are causing, or are likely to cause, significant damage to the environment in the State; and (b) that the release of prescribed organisms that are not agent organisms would control the firstmentioned organisms; and (c) that the release of the organisms of the secondmentioned kind would not have any significant adverse effects, the Authority, subject to subsection (2), shall, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare— (d) where the organisms of the firstmentioned kind are not target organisms, the organisms of the firstmentioned kind to be target organisms for the purposes of this Act; and (e) organisms of the secondmentioned kind to be agent organisms for the purposes of this Act. (2) The Authority shall not make a declaration under subsection (1) in respect of an organism unless— (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and (b) the Council has unanimously recommended that the declaration be made. (3) A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out particulars of the conditions under which those organisms may be released, which conditions may be or include— (a) conditions specifying the persons who may release those organisms; or (b) conditions specifying the circumstances in which those organisms may be released. 29—Declaration of existing released organisms (1) If the Authority is satisfied that— (a) before the commencement of this Act, prescribed organisms of a particular kind were released in the State for the purpose of the control, by biological means, of organisms of another kind in the State; and (b) if this Act had been in force before the release of the firstmentioned organisms, it is probable that action would have been taken under this Act that would have resulted in the organisms of the secondmentioned kind being declared to be target organisms and the organisms of the firstmentioned kind being declared to be agent organisms, the Authority, subject to subsection (2), may, by notice published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette), declare— (c) organisms of the secondmentioned kind to be target organisms for the purposes of this Act; and (d) organisms of the firstmentioned kind to be agent organisms for the purposes of this Act. (2) The Authority shall not make a declaration under subsection (1) in respect of an organism unless— (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and (b) the Council has unanimously recommended that the declaration be made. (3) A notice under subsection (1) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include— (a) conditions specifying the persons who may release those organisms; or (b) conditions specifying the circumstances in which those organisms may be released. 30—Notice of proposed declaration under section 29 (1) Where the Authority is contemplating making a declaration under section 29, the Authority may, subject to subsection (2), publish in the Gazette and in such newspapers or journals as the Authority considers appropriate a notice that the Authority is contemplating making that declaration. (2) The Authority shall not publish a notice under subsection (1) in respect of an organism unless— (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and (b) the Council has unanimously recommended that the notice be published. (3) A notice under subsection (1) shall— (a) set out particulars identifying the organisms that the Authority is contemplating declaring to be target organisms; and (b) set out particulars identifying the organisms that the Authority is contemplating declaring to be agent organisms; and (c) identify the occasions known to the Authority on which the organisms referred to in paragraph (b) were released; and (d) invite any persons who object to, or support, the declaration being made to submit written particulars of the grounds for that objection or support, as the case may be, to the Authority within 6 weeks after the date of the publication of the notice in the Gazette, or within such further period as the Authority (either before or after the expiration of that period) allows. (4) Where the Authority publishes a notice under subsection (1) in relation to a contemplated declaration, the Authority shall not make the declaration unless and until the Authority has considered any submissions in response to an invitation referred to in subsection (3)(d) in relation to the declaration. 31—Inquiries relating to declarations under section 29 (1) Where the Authority— (a) is contemplating making a declaration under section 29; and (b) after— (i) consulting the Council regarding the appropriateness of action under this section in respect of the contemplated declaration; and (ii) considering the nature of, the proceedings in and the findings of, any inquiry that the Authority considers relevant (which may be an inquiry conducted on behalf of another State or the Commonwealth); and (iii) considering any reports made by any person or authority competent to do so that the Authority considers relevant, considers that there is evidence that a person or the environment would be adversely affected by the release of organisms of the kind to which the declaration would relate but an adequate investigation or inquiry into the effect of such a release has not been held, the Authority may— (c) direct that an inquiry under Part 7 be conducted in respect of the contemplated declaration; or (d) request the Minister administering the Commonwealth Act to arrange for the Minister who administers the Industries Assistance Commission Act 1973 of the Commonwealth to refer the contemplated declaration to the Industries Assistance Commission for inquiry and report; or (e) arrange for an inquiry to be conducted under the Environmental Protection Council Act 1972 in respect of the contemplated declaration; or (f) request the Biological Control Authority for another State or a Territory to arrange for a Minister who administers any legislation of that State or Territory relating to the protection of the environment to cause an inquiry to be conducted under that legislation in respect of the contemplated declaration. (2) Action shall not be taken under subsection (1)(c), (d), (e) or (f) in respect of a contemplated declaration unless the Council, upon being consulted in accordance with subsection (1)(b)(i), has unanimously recommended that the action be taken. (3) Where the Authority takes action under subsection (1)(c), (d), (e) or (f) for an inquiry in respect of a contemplated declaration, the Authority shall not make that declaration unless and until the Authority has considered the report made as the result of the inquiry. 32—Declaration of organisms declared under a relevant law (1) Where organisms of a particular kind are organisms that for the purposes of a relevant law may be controlled by biological means, the Authority may, by notice published in the Gazette, declare those organisms to be target organisms for the purposes of this Act. (2) Where— (a) prescribed organisms of a particular kind are organisms that for the purposes of a relevant law may be released to control other organisms; and (b) those other organisms are target organisms, the Authority shall, by notice published in the Gazette, declare those firstmentioned organisms to be agent organisms for the purposes of this Act. (3) A notice under subsection (2) declaring organisms of a particular kind to be agent organisms may set out conditions under which the organisms may be released, which conditions may be or include— (a) conditions specifying the persons who may release those organisms; or (b) conditions specifying the circumstances in which those organisms may be released. Part 5—Release of agent organisms 33—Release of agent organisms (1) Subject to subsection (2), agent organisms may be released in the State. (2) Where a notice under section 27, 28, 29 or 32 declaring organisms to be agent organisms specifies conditions under which the organisms may be released, those organisms shall not be released otherwise than in accordance with those conditions. 34—No legal proceedings to be instituted in respect of release of agent organisms in the State (1) Subject to subsection (3), no action or other proceeding shall be instituted or continued in any court— (a) to prevent the release of agent organisms in accordance with section 33; or (b) to recover damages in respect of any loss incurred, or any damage suffered, in this State, another State, or a Territory by reason of the release of agent organisms in accordance with that section. (2) If, at the time at which organisms of a particular kind were declared under section 27, 28, 29 or 32 to be agent organisms, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to prohibit a person from— (a) releasing organisms of that kind in the State in accordance with section 33; or (b) doing anything to assist or further the release of organisms of that kind in the State in accordance with section 33. (3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of agent organisms of a particular kind in accordance with section 33 where— (a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and (b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and (c) in making the declaration declaring organisms of that kind to be agent organisms, the Authority did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect. Part 6—Biological control under laws of another State or the Commonwealth 35—No legal proceedings to be instituted in respect of release of agent organisms under a relevant law (1) Subject to subsection (3), no action or other proceeding shall be instituted or continued in any court— (a) to prevent the release of organisms in accordance with a relevant law; or (b) to recover damages in respect of any loss incurred, or any damage suffered, in this State, another State, or a Territory by reason of the release of organisms in accordance with a relevant law. (2) If, at the time at which prescribed organisms of a particular kind became organisms that could be released in accordance with a relevant law, there was in force an order of a court relating to the release of organisms of that kind, no action or other proceeding shall be instituted or continued in any court in respect of that order in so far as the order purports to restrain a person from— (a) releasing organisms of that kind in accordance with that law; or (b) doing anything to assist or further the release of organisms of that kind in accordance with that law. (3) Nothing in subsection (1) prevents the institution or continuation in any court of an action or other proceeding to recover damages in respect of any loss incurred, or any damage suffered, by reason of the release of organisms of a particular kind in accordance with a relevant law where— (a) the loss incurred or the damage suffered was the result of the release having had a significant effect on other organisms (not being organisms which the release was intended to control); and (b) at the time of the release, the persons in Australia having a reputation for special knowledge of the biology of organisms of that kind knew, or had reasonable grounds to expect, that such a release could have such an effect; and (c) in making the declaration by virtue of which organisms of that kind became organisms that could be released in accordance with the relevant law, the authority established by that law did not take into account (whether because of the state of scientific knowledge or otherwise) the factor that such a release could have such an effect. Part 7—Inquiries 36—Commissions of inquiry (1) Where, in accordance with section 17(1), 26(1) or 31(1), the Authority directs that an inquiry be conducted under this Part, the Authority shall, after consulting the Council and having regard to any unanimous recommendation made by the Council, appoint a Commissioner or Commissioners to be a Commission to conduct that inquiry and may appoint a person or persons to advise the Commission. (2) Where there is more than one Commissioner, the Authority shall appoint one of the Commissioners to preside at the inquiry. (3) A Commission established to conduct an inquiry shall inquire into— (a) such matters as it considers necessary to ascertain, from the broad community viewpoint, the overall benefits and disadvantages of declaring organisms of the kind to which the inquiry relates to be target organisms or agent organisms, as the case requires; and (b) such relevant matters unanimously approved by the Council as the Authority, by notice in writing given to the Commissioner or to the Commissioner presiding at the inquiry, as the case requires, directs, which may be or include the following matter, namely, whether assistance should be given to any persons if a declaration is made in respect of those organisms; and (c) any other relevant matters that the Commission considers it should inquire into. (4) The Commission shall report its findings and recommendations to the Authority and shall, after so reporting but subject to subsection (6), make public those findings and recommendations. (5) When the Authority appoints a Commissioner or Commissioners to be a Commission, the Authority may nominate a day on which the Commission is to report its findings and recommendations to the Authority and, where the Authority nominates a day, the Commission shall report its findings and recommendations to the Authority on or before that day or such later day as the Authority (before the nominated day) allows. (6) The Commission shall not make public any evidence or matters in respect of which directions have been given under section 39(2)(b) or matters the publication of which is not allowed under section 39(6). (7) Subject to this Act, a Commission is not subject to directions by the Authority, or otherwise by or on behalf of the Government of the State, in or in relation to the conduct of an inquiry. 37—Remuneration of Commissioner A Commissioner shall be paid such remuneration and allowances as may be prescribed. 38—Notice of inquiries Before a Commission commences an inquiry, the Commission shall give reasonable notice, by advertisement published in the Gazette (and, if the Council has so recommended, in the Commonwealth Gazette) and in such newspapers or journals as it thinks necessary, of its intention to hold the inquiry, the subject of the inquiry and the time and place at which the inquiry is to be commenced. 39—Procedure at inquiries (1) Subject to this section, an inquiry by a Commission shall be held in public and evidence in the inquiry shall be taken in public on oath or affirmation. (2) Where a Commission is satisfied that it is desirable to do so in the public interest by reason of the confidential nature of any evidence or matter or for any other reason, the Commission may— (a) direct that an inquiry or a part of an inquiry shall take place in private and give directions as to the persons who may be present; or (b) give directions prohibiting or restricting the publication of evidence given before the Commission or of matters contained in documents lodged with the Commission. (3) A Commission may hold an inquiry or part of an inquiry outside the State. (4) A Commission may, if it thinks fit, permit a person appearing as a witness before the Commission to give evidence by tendering, and verifying by oath or affirmation, a written statement. (5) Where a Commission considers that the attendance of a person as a witness before the Commission would cause serious hardship to a person, the Commission may permit the person to give evidence by sending to the Commission a written statement, verified in such manner as the Commission allows. (6) Where evidence is given to a Commission by a written statement in accordance with subsection (4) or (5), the Commission shall make available to the public in such manner as the Commission thinks fit the contents of the statement other than any matter the publication of which, in the opinion of the Commission, would be contrary to the public interest by reason of its confidential nature or for any other reason. (7) Subject to this section and the regulations— (a) the procedure to be followed at an inquiry by a Commission is within the discretion of the Commission; and (b) a Commission is not bound by the rules of evidence. 40—Power to summon witnesses A Commissioner may, by writing signed by the Commissioner, summon a person to appear before the Commission at a time and place specified in the summons to give evidence and produce such books and documents (if any) as are referred to in the summons. 41—Failure of witness to attend A person served with a summons to appear as a witness at an inquiry by a Commission shall not, without reasonable excuse— (a) fail to attend as required by the summons; or (b) fail to appear and report himself or herself from day to day unless excused or released from further attendance by or on behalf of the Commission. Maximum penalty: $1 000 or imprisonment for 6 months, or both. 42—Power to administer oath or affirmation A Commissioner may administer an oath to or take an affirmation of a person appearing as a witness before the Commission. 43—Refusal to be sworn or to answer questions A person appearing as a witness at an inquiry by a Commission shall not, without reasonable excuse— (a) refuse or fail to be sworn or to make an affirmation; or (b) refuse or fail to answer a question that the person is required to answer by the Commissioner conducting or presiding at the inquiry; or (c) refuse or fail to produce a document that the person was required to produce by a summons under this Act served on the person. Maximum penalty: $1 000 or imprisonment for 6 months, or both. 44—Protection of Commissioners and witnesses (1) A Commissioner has, in the performance of the duties of a Commissioner, the same protection and immunity as a Judge of the Supreme Court. (2) Subject to this Act, a person appearing before a Commission as a witness at an inquiry has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the Supreme Court. 45—False or misleading evidence (1) A person shall not, at a hearing before a Commission, give evidence that is to the knowledge of the person false or misleading in a material particular. (2) An offence against subsection (1) is an indictable offence and, subject to this section, is punishable, upon conviction, by imprisonment for a period not exceeding 2 years or by a fine not exceeding $5 000, or both. (3) Notwithstanding that an offence against subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection (1), the penalty that the court may impose is a fine not exceeding $2 000 or imprisonment for a period not exceeding 1 year, or both. 46—Contempt of Commission (1) A person shall not— (a) obstruct or hinder a Commission or a Commissioner in the conduct of an inquiry; or (b) disrupt a hearing before a Commission. Maximum penalty: $2 000 or imprisonment for 1 year, or both. (2) An offence against subsection (1) is punishable on summary conviction. 47—Powers of Commission in relation to documents produced (1) A Commissioner, or a person assisting a Commission and authorised by a Commissioner to do so, may inspect any books or documents furnished to the Commission for the purposes of the performance of its functions under this Act or produced at an inquiry and may make copies of, or take extracts from, those books or documents. (2) Books or documents so furnished may be retained by the Commission for such reasonable period as the Commission thinks fit. 48—Allowances to witnesses A witness summoned under this Act to appear at an inquiry by a Commission is entitled to be paid such allowances for the witness's travelling and other expenses as are prescribed. 49—Witnesses not to be prejudiced (1) A person shall not— (a) use violence against or inflict injury on; or (b) cause or procure violence, damage, loss or disadvantage to; or (c) cause or procure the punishment of, a person for or on account of the lastmentioned person having appeared, or being about to appear, as a witness at an inquiry by a Commission or for or on account of any evidence given by the lastmentioned person before a Commission. Maximum penalty: $2 000 or imprisonment for 1 year, or both. (2) Without limiting the generality of subsection (1), an employer shall not— (a) dismiss an employee from his or her employment, or prejudice an employee in his or her employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a Commission; or (b) dismiss, or threaten to dismiss, an employee from his or her employment or prejudice, or threaten to prejudice, an employee in his or her employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a Commission. Maximum penalty: $10 000 in the case of a body corporate and $2 000 or imprisonment for 1 year, or both, in any other case. (3) In any proceedings arising out of subsection (2)— (a) if it is established that the employee was dismissed from, or prejudiced in, his or her employment and that, before he or she was so dismissed or prejudiced, he or she appeared as a witness, or gave any evidence, at an inquiry by a Commission—the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that he or she so appeared as a witness or gave evidence; or (b) if it is established that the employee was dismissed, or threatened with dismissal, from his or her employment, or was prejudiced, or threatened with prejudice, in his or her employment and that, before he or she was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he or she proposed to appear as a witness, or to give evidence, at an inquiry by a Commission—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he or she proposed so to appear as a witness or to give evidence. Part 8—Miscellaneous 50—Act not to render other controls illegal Subject to section 33(2), nothing in this Act shall be taken to render unlawful any release of organisms for the purpose of the biological control of other organisms if the release of the firstmentioned organisms would, but for this Act, be lawful. 51—Revocation of declarations (1) The Authority may, by notice published in the Gazette, revoke a declaration made under this Act where the Council has unanimously approved of that action being taken. (2) Where— (a) the Authority revokes a declaration declaring organisms of a kind to be target organisms; and (b) by reason of that revocation there would be no target organisms for the purpose of controlling which organisms of a kind have been declared to be agent organisms, the Authority shall revoke the declaration declaring those lastmentioned organisms to be agent organisms. 52—Declarations continue in operation Where a declaration in relation to agent organisms is in force, those organisms may be released in accordance with section 33 notwithstanding the length of the period that has elapsed since the last release of those organisms took place. 53—Service of documents on Authority Where a person is entitled by this Act to make an application to the Authority or to submit particulars to the Authority, the person shall do so by causing the application or particulars to be lodged at the head office of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act. 54—Appeals to Supreme Court (1) Any person whose interests are affected by— (a) a decision of the Authority for the purposes of section 17 not to hold an inquiry; or (b) a decision of the Authority for the purposes of section 18, being a decision that is inconsistent with a finding or recommendation of a Commission referred to in Part 7; or (c) a decision of the Authority under section 24 not to publish a notice in any newspaper or journal; or (d) a decision of the Authority for the purposes of section 26 not to hold an inquiry; or (e) a decision of the Authority for the purposes of section 27, being a decision that is inconsistent with a finding or recommendation of a Commission referred to in Part 7; or (f) a decision of the Authority for the purposes of section 28; or (g) a decision of the Authority for the purposes of section 29, being a decision that is inconsistent with a finding or recommendation of a Commission referred to in Part 7; or (h) a decision of the Authority for the purposes of section 31 not to hold an inquiry; or (i) a decision of the Authority under section 51 to revoke a declaration, may appeal to the Supreme Court against the decision. (2) In subsection (1)— decision has the same meaning as in the Administrative Review Tribunal Act 2024 of the Commonwealth. (3) The Supreme Court shall hear and dispose of an appeal made to it under subsection (1). 55—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may prescribe procedures for the initiation and processing of proposals to obtain declarations under this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1986 25 Biological Control Act 1986 20.3.1986 17.4.1986 (Gazette 17.4.1986 p938) 1996 5 Biological Control (Miscellaneous) Amendment Act 1996 4.4.1996 4.4.1996 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 20 (ss 38 & 39)—1.2.2010 (Gazette 28.1.2010 p320) 2016 66 Biological Control (Miscellaneous) Amendment Act 2016 15.12.2016 1.1.2018 (Gazette 19.12.2017 p5117) 2025 54 Statutes Amendment (Administrative Review Tribunal) Act 2025 20.11.2025 Pt 3 (s 6)—20.11.2025: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002

s 3

s 3(1)

Commonwealth Act amended by 5/1996 s 2(a) 4.4.1996 Council substituted by 5/1996 s 2(b) 4.4.1996 kind substituted by 66/2016 s 4(1) 1.1.2018 organism substituted by 66/2016 s 4(1) 1.1.2018 prescribed live organisms deleted by 66/2016 s 4(2) 1.1.2018 prescribed organisms inserted by 66/2016 s 4(2) 1.1.2018 s 4 amended by 66/2016 s 5 1.1.2018 s 8

s 8(2) substituted by 5/1996 s 3 4.4.1996 s 9

s 9(1) amended by 5/1996 s 4 4.4.1996

amended by 84/2009 s 38 1.2.2010 s 19

s 19(1) amended by 66/2016 s 6 1.1.2018 s 20

s 20(1) amended by 66/2016 s 7 1.1.2018 s 24

s 24(1) amended by 66/2016 s 8 1.1.2018 s 28

s 28(1) amended by 66/2016 s 9 1.1.2018 s 29

s 29(1) amended by 66/2016 s 10 1.1.2018 s 32

s 32(2) amended by 66/2016 s 11 1.1.2018 s 35

s 35(2) amended by 66/2016 s 12 1.1.2018 Pt 8

s 53 amended by 5/1996 s 5 4.4.1996

amended by 84/2009 s 39 1.2.2010 s 54

s 54(2)

decision amended by 54/2025 s 6 20.11.2025 Historical versions Reprint No 1—4.4.1996

1.2.2010

1.1.2018

1 Biological Control Act 1986

South Australia Biological Control Act 1986 An Act to make provision for the biological control of pests in the State; and for related purposes.

Key definitional and structural concepts in the Act drive its operation.

Organism and prescribed organisms (s 3). "Organism" is broadly defined to include any non‑human organism, parts or discharged matter, and viruses or sub‑viral agents. "Prescribed organisms" are live organisms or viruses/sub‑viral agents, but exclude live vaccines and resistant cultivars. The Act therefore covers microbial agents and larger organisms, subject to the exclusion of certain products (s 3).
Target organisms (Part 2; defined at s 3). These are organisms declared by the Authority (ss 10-18) as "causing harm" in the State and being, or likely to be, controllable by biological means. The Act specifies the pathways to commencement: unanimous Council recommendation or an application by any person (s 10(2)). A target application must identify the organism, set out why it causes harm, and explain why biological control is likely to be effective (s 11(3)).
Agent organisms (Part 3; defined at s 3). These are prescribed organisms declared by the Authority to be suitable for release to control target organisms (ss 19-27). Agent applications must describe the organisms, the mechanisms by which they would control a target population, and other prescribed particulars (s 20(3)). Declarations may include release conditions (s 27(3)).
Biological control and controllability (s 4). The statutory test for "controllable by biological means" is whether target organisms can be controlled by release of prescribed organisms of another kind. This links the target and agent tracks.
The Authority and Council (ss 3, 8). The Authority is the relevant Minister (s 8(2)). The Council, defined as the Agriculture and Resource Management Council of Australia and New Zealand unless regulations prescribe otherwise (s 3), plays a gatekeeping and advisory role. Many actions require unanimous Council recommendation (strewn through ss 15, 17, 18, 24, 26, 27, 28, 29, 31, 32, 51).
Public notice, consultation and inquiries (ss 15, 24, 30; Part 7). Where the Council has unanimously recommended a declaration, the Authority must publish notices (in the Gazette and other outlets) and invite submissions over a minimum six‑week period (s 15(1)-(3); s 24(1)-(2); s 30(1)-(3)). The Authority must consider submissions (ss 16, 25). If evidence suggests possible adverse effects and adequate inquiry has not occurred, the Authority may require a Commission inquiry or other specified inquiry mechanisms (s 17(1), s 26(1), s 31(1)), and must not act on a recommendation while an inquiry is pending (ss 17(3), 26(4), 31(3)).
Release and conditions (Part 5). Once organisms are declared agent organisms, they may be released in the State (s 33). Declarations can include conditions specifying who may release the agents and in what circumstances (s 27(3), s 28(3), s 29(3), s 32(3)). The Act preserves the legality of previously lawful releases (s 50).
Legal immunities and exceptions (ss 34-35). The Act bars actions or proceedings to prevent an authorised release or to recover damages arising from such a release (ss 34(1), 35(1)), and may oust inconsistent court orders (ss 34(2), 35(2)). There are carveouts where releases have significant adverse effects on non‑target organisms that were foreseeable by recognised experts and the Authority failed to account for that factor (ss 34(3), 35(3)).
Delegation and non‑delegable functions (s 9). The Authority may delegate many functions to public service employees, but several functions are expressly non‑delegable, including decisions under ss 17, 18, 26, 27, 28, 29, 31, 32 and 51.
Appeals and review (s 54). A person whose interests are affected by a range of Authority decisions may appeal to the Supreme Court. The 2025 amendment updates the definition of "decision" by reference to the Administrative Review Tribunal Act 2024 (s 54(2) as amended).

These concepts interlock: target declarations set the need for control, agent declarations authorise tools for control, public consultation and inquiries feed into the Authority’s satisfaction tests (e.g. s 18(1)(d)-(f); s 27(1)(d)-(e)), and statutory immunities reduce prospective litigation once proper process and scientific assessment have occurred. The Council’s unanimity requirement recurs as a procedural threshold, giving interjurisdictional consensus (the Council) a blocking or enabling role before declarations or emergency actions proceed.

The Act affects several identifiable groups and interests with different exposures and responsibilities.

Applicants and proponents. Any person (including organisations and bodies corporate) may make target or agent applications (ss 11(1), 20(1)). Applicants bear the burden of producing the particulars required by the Act (ss 11(3), 20(3)), making public their proposals where the Council’s recommendation followed an application (ss 15(3)(e), 24(2)(e)), and may withdraw applications before the Authority refers them to the Council (ss 12(1), 21(1)).
The Authority and the Minister. The Authority is the Council member who is the responsible Minister (s 8(2)). The Minister has the ultimate administrative power to declare target and agent organisms, to order inquiries under Part 7 for certain recommendations, to make emergency declarations (s 28), and to revoke declarations (s 51), subject in many cases to unanimous Council recommendations (see s 9 non‑delegable list and cross‑references).
The Council. The Agriculture and Resource Management Council of Australia and New Zealand, or a body prescribed by regulation, is the formal recommending body (s 3). The Council’s unanimous recommendation is required for many notice, inquiry and declaration steps (e.g. ss 15(1), 17(2), 18(2), 24(1), 26(2), 27(2), 28(2), 29(2), 31(2), 32). The Council therefore influences interstate coordination and national uniformity, and the Act contemplates recognition of other State or Commonwealth authorities as relevant laws (s 5).
Landholders, farmers, environmental managers and industries. These groups may be affected positively or negatively by biological control measures. The Act requires assessment that control would not cause significant harm or that any harm would be significantly less than the harm from failure to control (s 18(1)(f); s 27(1)(e)). Those who manage or depend on ecosystems may need to participate in consultations, inquiries, and adjust practices after releases.
Persons who might sue or seek injunctive relief. The Act removes the ability to institute or continue proceedings in court to prevent authorised releases or to recover damages arising from authorised releases (ss 34(1), 35(1)). That removes a legal remedy from private parties except in narrow circumstances (ss 34(3), 35(3)).
Courts and judges. The Act curtails judicial intervention regarding authorised releases (ss 34-35) and provides for appeals to the Supreme Court against certain Authority decisions (s 54). Courts also have roles under the inquiry provisions where offences are prosecuted (eg, ss 41, 43, 45).
Witnesses and participants in inquiries. The Act creates obligations and protections for witnesses at Commissions: summons, oath, criminal penalties for non‑compliance (ss 40-43), protections and immunities similar to those in Supreme Court proceedings (s 44), and protections against victimisation for giving evidence (s 49).
Public service employees and delegates. The Authority may delegate many functions to an employee of the responsible administrative unit (s 9), subject to conditions and certain non‑delegable functions. Delegates exercise delegated functions as if exercised by the Authority (s 9(4)).
Other jurisdictions. The Act contemplates interjurisdictional actions: the Authority may declare a Commonwealth or other State law to be a "relevant law" (s 5), and may adopt declarations under relevant laws (s 32). Releases authorised under a relevant law are also protected from proceedings in South Australia, with similar exceptions (s 35).
The Crown. The Act binds the Crown in right of South Australia and, as far as possible, other Crown capacities (s 6(1)), but it also expressly removes the prospect of prosecuting the Crown for offences under the Act (s 6(2)).

Who pays: the Act does not impose fees in the text provided. Applicants will likely bear the direct costs of preparing applications, participating in inquiries, and complying with any conditions of release. The Authority funds inquiries and Commissioners are paid prescribed remuneration (s 37). The Act contemplates the possibility of assistance to persons affected by declarations (s 36(3)(b)), but does not prescribe funding arrangements.

Who decides: the Authority makes the final declarations subject to the Council’s unanimous recommendations in many stages, and certain functions are non‑delegable (s 9(1)). The Authority must observe procedural steps such as public notices and consideration of submissions (ss 15-16, 24-25), and may direct inquiries where further investigation is needed (ss 17, 26, 31). The Supreme Court provides judicial review/appeals for specified decisions (s 54).

The Act imposes procedural duties on the Authority, the Council and applicants and confers rights on persons to participate and seek review.

Duties of the Authority

Process applications for target and agent declarations: upon receiving an application, the Authority must generally refer it to the Council for consideration unless alternate action is underway (s 13(1)-(2); s 22(1)-(2)). The Authority must publish notices where the Council has unanimously recommended declarations (ss 15(1), 24(1)).
Consider and publish submissions: where notices invite written submissions (minimum six weeks), the Authority must consider any submissions received (ss 15(3)(f), 24(2)(f), 16, 25).
Consult the Council where required and act after unanimous Council recommendation: many substantive actions require the Council’s unanimous recommendation before the Authority can proceed (s 18(2), s 27(2), s 28(2), s 29(2), s 32(2)). Section 3(4) sets out how Council unanimity is treated.
Order inquiries where evidence suggests possible adverse effects and no adequate investigation has occurred: the Authority may direct inquiries under Part 7 or refer to other specified bodies (ss 17(1), 26(1), 31(1)). The Authority must not act on a recommendation while an inquiry is pending (ss 17(3), 26(4), 31(3)).
Publish declarations in the Gazette (and the Commonwealth Gazette if the Council recommended this) (ss 15(1), 24(1), 27(1), 28(1), 29(1), 32).

Non‑delegable duties and conditions

The Authority’s delegation power is broad but expressly excludes specified functions from delegation, including those under ss 17, 18, 26, 27, 28, 29, 31, 32 and 51 (s 9(1)). Delegations must be in writing and may be revoked (s 9(2)-(3)).

Duties of applicants and public

Applications must be in writing with specified particulars (ss 11(2)-(3), 20(2)-(3)). Copies of applications must be made available for perusal where notices indicate (ss 15(3)(e), 24(2)(e)).
Applicants may withdraw applications before the Authority refers them to the Council (ss 12(1), 21(1)). Withdrawal procedures are prescribed (ss 12(2), 21(2)).

Rights to participate and seek review

Members of the public may submit written objections or support in response to notices and the Authority must consider submissions (ss 15(3)(f), 24(2)(f), 16, 25).
A person whose interests are affected by specified Authority decisions may appeal to the Supreme Court (s 54). The definition of "decision" is linked to the Administrative Review Tribunal Act 2024 (s 54(2) as amended).
Persons served with summonses to inquiries have rights to allowances and protections; witnesses have obligations to attend and answer, but are also protected from civil or criminal liability for participation equivalent to witnesses in Supreme Court proceedings (ss 40, 48, 44).

Rights and constraints on release and legal action

Once organisms are declared agent organisms and released in accordance with any conditions specified, releases may proceed (s 33). The Act bars court actions to restrain such releases or to recover damages in most cases (ss 34(1), 35(1)), though there are defined exceptions where release caused significant adverse effects on non‑target organisms and experts had known or should have known that such effects were possible and the Authority failed to consider that factor (ss 34(3), 35(3)).

Obligations on the Council and intergovernmental steps

The Council must provide unanimous recommendations where the Act requires them; the Authority must consult the Council before certain actions (s 3(4), multiple sections requiring unanimous Council recommendation). For the Authority to declare a law a “relevant law”, the Minister administering that law must give written consent (s 5(2)).

Administrative and procedural obligations

Notices must be published in the Gazette and in at least one widely circulated State newspaper and in each other State and the Australian Capital Territory where prescribed (s 15(2)). Inquiry procedures in Part 7 set mandatory steps like reasonable public notice (s 38), powers to summon witnesses (s 40), and criminal penalties for non‑compliance (ss 41-43).

These duties and rights create a procedural architecture that balances applicant initiative, intergovernmental consensus via the Council, public participation, investigatory safeguards via inquiries, and post‑declaration legal certainty by limiting judicial interference with authorised releases.

The Act provides criminal penalties and enforcement tools principally related to Commissions of inquiry and protections for witnesses, and it contains civil law consequence rules that bar certain legal proceedings in respect of authorised releases.

Penalties tied to inquiries and Commission process

Failure to attend as a witness summoned by a Commissioner: up to $1,000 or imprisonment for up to 6 months, or both (s 41).
Refusal to be sworn, to answer questions or to produce a document under a summons: up to $1,000 or imprisonment for up to 6 months, or both (s 43).
False or misleading evidence at a Commission hearing: indicted offence, punishable on conviction by up to 2 years’ imprisonment or a fine up to $5,000, or both (s 45(2)). The Act allows summary disposition in a court of summary jurisdiction with reduced maximum penalties where appropriate (s 45(3)-(4)).
Contempt of a Commission by obstructing or disrupting an inquiry: maximum $2,000 or imprisonment for 1 year, or both (s 46).
Witness victimisation protections: it is an offence to use violence or cause damage or disadvantage to a person for appearing as a witness or giving evidence (s 49(1)); maximum penalty $2,000 or 1 year imprisonment, or both. Employers face higher civil penalties where they dismiss or prejudice employees for appearing as witnesses: $10,000 for a body corporate and $2,000 or imprisonment for 1 year, or both, for other cases (s 49(2)). Subsection (3) reverses evidential burdens in proceedings alleging dismissal or prejudice for witness participation.

Protections and immunities

Commissioners have judicial‑style immunity: a Commissioner has the same protection and immunity as a Justice of the Supreme Court when performing duties (s 44(1)). Witnesses in inquiries have the same protections and liabilities as witnesses in Supreme Court proceedings (s 44(2)).

Powers of the Commission in relation to documents

Commissioners may summon and inspect documents, retain documents for reasonable periods, and take copies or extracts (s 40; s 47). Refusal to produce documents when summoned attracts the penalties in s 43.

Civil‑law effects regarding releases

The Act bars civil proceedings to prevent the release of agent organisms authorised under the Act, and to recover damages for loss or damage arising from such releases in the State, another State or a Territory (s 34(1)). This is an ouster of relief by injunction and a limitation on compensatory remedies for authorised releases.
Subsection 34(2) specifically invalidates or limits the effect of pre‑existing court orders that purport to prohibit releases where those organisms were later declared agent organisms.
The Act preserves a residual cause of action where releases caused significant harm to non‑target organisms, the harm was foreseeable to persons in Australia with recognised expertise at the time of release, and the Authority failed to take into account that factor when making the declaration (s 34(3)). This is a narrow exception, setting a high threshold for liability.
Equivalent protections and exceptions apply to releases authorised under a relevant law of another jurisdiction (s 35).

Enforcement responsibility

Enforcement of criminal provisions under Part 7 will be undertaken by the State’s prosecutorial mechanisms; the Act specifies maximum penalties but not prosecutorial priorities or administrative enforcement steps.
The Authority itself administers the statutory scheme, including publication of notices (ss 15, 24, 30), consultation, and direction of inquiries (ss 17, 26, 31). The Authority’s decisions are subject to appeal to the Supreme Court under s 54 in specified circumstances.

Regulatory function and regulation‑making power

The Governor in Council may make regulations necessary or expedient for the purposes of the Act, including prescribing procedures for initiation and processing of proposals (s 55). Regulations may create additional enforcement and procedural requirements not present in the principal Act.

Overall, enforcement under the Act takes a dual form: statutory criminal sanctions tied to inquiry processes, and a civil‑law framework that limits judicial remedies against releases that comply with the Act while allowing constrained liability where significant, foreseeable non‑target effects were not considered.

The Act is expressly designed to operate in an interjurisdictional context and to coordinate with Commonwealth and other State laws; it also preserves other lawful controls and interacts with administrative law mechanisms.

Relevant laws and adoption mechanisms

The Authority may declare a Commonwealth or other State law to be a "relevant law" for the purposes of this Act where that law provides for biological control and establishes a similar authority (s 5(1)). Such a declaration requires written consent from the Minister administering the other law (s 5(2)) and will cease if the other law no longer meets the criteria (s 5(3)). Declared relevant laws permit the Authority to treat organisms declared under those laws as target or agent organisms under this Act (s 32), and releases under such laws are shielded from proceedings in South Australia in the same way releases directly authorised under this Act are (s 35).

Commonwealth Act

The Act references the Commonwealth Biological Control Act 1984 as the "Commonwealth Act" (s 3). The framework anticipates intergovernmental coordination and publication in the Commonwealth Gazette where the Council has recommended this (multiple provisions, e.g. s 15(1), s 24(1), s 27(1)).

Administrative law and judicial review

Affected persons may appeal specified Authority decisions to the Supreme Court (s 54). The Act ties the meaning of "decision" to the Administrative Review Tribunal Act 2024 (s 54(2) as amended), indicating integration with administrative review frameworks. The scope of appeal is limited to the categories listed in s 54(1), which includes refusals to hold inquiries and decisions inconsistent with Commission findings or recommendations.

Interaction with existing lawful releases

The Act does not render other lawful controls illegal (s 50). Where an activity would be lawful outside the Act, s 50 preserves its legality, subject to s 33(2) which restricts releases inconsistent with declared release conditions.

Interplay with court orders and pre‑existing litigation

If a court order existed at the time organisms became declared agent organisms under this Act (or under a relevant law), the Act prevents further proceedings in so far as the order restrains releases authorised by the Act (ss 34(2), 35(2)). That effectively displaces inconsistent orders to allow authorised release activity.

Criminal and civil law

The Act’s civil immunities for authorised releases (ss 34-35) limit tort or equitable claims. The narrow exceptions for foreseeable non‑target harm set a high bar for liability; whether a given set of facts meets that bar will require expert evidence and legal analysis in any future litigation.

Regulatory and environmental law overlap

The Authority may require inquiries under other environmental legislation (eg, the Environmental Protection Council Act 1972) (ss 17(1)(g), 26(1)(g), 31(1)(e)). The Act contemplates cross‑referral and joint inquiries, and allows the Authority to request Ministers to arrange inquiries by bodies such as the Industries Assistance Commission (s 17(1)(f), s 26(1)(f), s 31(1)(d)), embedding inter‑agency processes.

Crown immunity and liability

The Act binds the Crown to the extent permitted (s 6(1)) but prevents prosecuting the Crown for offences under the Act (s 6(2)). That creates a distinction between Crown obligations and Crown criminal exposure.

Definitions and cross‑references

Definitions link to external instruments and bodies (eg, the Council), and the Act anticipates regulations may prescribe a different body for the Council (s 3). Legislative history shows amendments adjusting terminology and cross‑references to other legislation.

In substance, the Act is drafted to sit alongside, recognise and in some cases adopt interstate and Commonwealth biological control decisions, to enable coordinated releases across jurisdictions, to preserve lawful activity elsewhere, and to limit litigation against authorised releases while maintaining narrow exceptions where expert knowledge and the Authority’s omission produce foreseeable harm.

The legislative history appended to the Act records discrete amending instruments and structural updates that have shaped the Act.

Primary enactment and early amendments

The Biological Control Act 1986 (No 25 of 1986) is the principal Act (assent 20 March 1986, commencement 17 April 1986). The Preamble and structure originate from that enactment.

Subsequent amending Acts listed

Biological Control (Miscellaneous) Amendment Act 1996 (No 5 of 1996), assented 4 April 1996, commenced 4 April 1996. The 1996 amendment altered references such as "Commonwealth Act", substituted the Council definition, and made changes to ss 8 and 9 and other provisions (legislative history table indicates varied provisions).
Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (No 84 of 2009), assented 10 December 2009; part provisions (ss 38 & 39) commenced 1 February 2010. This amended s 9(1) and s 53 among others.
Biological Control (Miscellaneous) Amendment Act 2016 (No 66 of 2016), assented 15 December 2016, many amendments commenced 1 January 2018. The 2016 amendments substantially revised definitions (substituting "kind" and "organism", adjusting "prescribed organisms"), and amended several operative sections across Parts 2-5 (eg, ss 4, 19, 20, 24, 28, 29, 32, 35). The amendments also appear to modernise terminology and broaden the scope to capture viruses/sub‑viral agents and to reframe 'prescribed live organisms' as 'prescribed organisms' (legislative history notes the deletions/insertions).
Statutes Amendment (Administrative Review Tribunal) Act 2025 (No 54 of 2025), assented 20 November 2025. This amends s 54(2) to reference the Administrative Review Tribunal Act 2024 for the meaning of "decision".

Provision‑level variations and commencement

The legislative history table identifies which sections were varied and by which amending Act, together with commencement dates. Notable changes include:
- Definitions in s 3 were updated by 1996 and 2016 amendments (Council, Commonwealth Act, kind, organism, prescribed organisms).
- Delegation provisions in s 9 were amended by 1996 and 2009 Acts.
- Part 3 and related sections (ss 19-20, 24, 28, 29, 32, 35) were amended by 2016 to reflect new drafting and definitions.
- s 53 (service of documents on the Authority) was amended in 1996 and 2009.
- s 54(2) was amended in 2025 to update the definition of "decision" for appeal rights.

Historical reprints

The legislative history lists reprint dates: reprint No 1,4 April 1996; subsequent reprints 1 February 2010 and 1 January 2018. These likely reflect consolidation points after amendments.

Notes on the legislative history

The legislative history cautions references to other legislation or titles of bodies may be obsolete (a standard revision note). The Act’s structure has been incrementally updated, with notable modernisation in 2016 that expanded the definition of organisms and clarified the scope of "prescribed organisms", and a 2025 amendment aligning administrative review terminology with more recent tribunal legislation.

What the amendment pattern indicates

Recurrent amendments have focused on definitions, intergovernmental coordination, and administrative process. The 2016 package in particular updated core definitional elements to cover viruses and sub‑viral agents and to refine the regulatory perimeter (s 3 and s 4 amendments). The 2025 change updated the administrative law reference point for appeals to the Supreme Court, indicating attention to administrative review pathways.

For practitioners, the legislative history signals the need to consult the consolidated, current version of the Act, to be aware that definitions and cross‑references have changed over time, and to check for any regulations made under s 55 that implement procedural details referenced in the amending instruments.

The Act’s text does not record specific litigation decisions or cases. It provides procedural access to the courts and contemplates litigation pathways, but no reported cases are named in the statute text provided.

Statutory avenues for judicial involvement

The Act limits the scope of civil proceedings against authorised releases (ss 34-35) but preserves narrow exceptions for recoverable damages in cases of significant foreseeable harm to non‑target organisms where the Authority failed to account for such risks (ss 34(3), 35(3)). Any litigation under those exceptions would require courts to engage with scientific evidence regarding foreseeability and the Authority’s decision‑making record.
Section 54 lists categories of Authority decisions that an affected person may appeal to the Supreme Court. These include decisions to refuse to hold an inquiry (s 17), decisions inconsistent with a Commission’s findings (s 18, s 27, s 29), decisions under s 24 not to publish a notice, decisions under s 28, revocation decisions under s 51, and others. The Act thus creates statutory appeal rights, but those rights are circumscribed to specific decision types.

No cases are cited in the instrument

The legislative material provided contains no case law or litigation summaries. The Act’s appeals and immunities mean that any litigation touching the Act will likely centre on (a) whether the Authority complied with procedural requirements (publication, consultation, consideration of submissions, inquiry requirements), (b) the narrow exceptions to civil immunity (ss 34(3), 35(3)), and (c) the scope of appeals under s 54.

Practical implication for researchers and practitioners

To assess how courts have interpreted the Act, one must search jurisdictional databases for cases invoking ss 34-35, appellate challenges under s 54, or judicial review claims alleging procedural unfairness in decision‑making by the Authority. The statutory appeal route to the Supreme Court is explicit for certain decisions, so any litigation history will be found in Supreme Court reporting or unreported judgments. Because the Act interacts with Commonwealth and other State schemes (s 5, s 32), litigation could also involve cross‑jurisdictional legal questions.

In short, the Act sets litigation pathways but the statute itself (as provided) does not record decisions or case law; practitioners must conduct external legal research to uncover any reported litigation under the Act.

This Act contains several specific drafting features and risks that may catch users, applicants, and advisers by surprise.

Unanimity of Council recommendations

Many critical steps require a unanimous recommendation by the Council before the Authority may proceed (see s 18(2), s 27(2), s 28(2), s 29(2), s 32(2) and the notice provisions s 15(1), s 24(1)). Unanimity is defined strictly (s 3(4)(b)-(c). This inserts a collective interstate gatekeeping requirement that can stall or block action unless all Council members agree.

Authority = Minister; delegation limits

The Authority is the Minister as the Council member responsible for the Act (s 8(2)). Although many functions can be delegated to public servants (s 9), a list of specified functions is non‑delegable (s 9(1)). Applicants may mistakenly assume an administrative officer can make a declaration when the function is expressly reserved for the Authority, potentially affecting timing and procedural compliance.

Narrow exceptions to civil immunity

Sections 34(1) and 35(1) bar proceedings to restrain releases and to recover damages arising from authorised releases. However, ss 34(3) and 35(3) carve out liability where releases have significant effects on non‑target organisms and where persons with reputations for special knowledge knew or had reasonable grounds to expect such effects, and the Authority did not take that factor into account. The test combines foreseeability, reputational expertise, and an omission by the Authority , a high but specific threshold for liability. Parties affected by releases should note that liability is not wholly excluded but is constrained.

Emergency declarations

The Authority can make emergency declarations under s 28 and, subject to unanimous Council recommendation, declare both target and agent organisms and set conditions. Emergency powers permit expedited action but still require consultation with the Council and unanimous recommendation (s 28(2)), which limits the practical speed of national coordination.

Publication and consultation mechanics

Where the Council has unanimously recommended a declaration, the Authority must publish notices in the Gazette and in at least one State newspaper and publications in other States and the ACT (s 15(1)-(2)). Failure to follow notice and submission procedures can create procedural vulnerabilities that could be the basis of appeals (s 54). Applicants often underestimate the importance of providing the full particulars for perusal (ss 15(3)(e), 24(2)(e)).

Service of documents and lodging

The Act requires applications and submissions to be lodged at the head office of the administrative unit responsible for the Act (s 53). Practitioners should not assume other lodgement paths are effective.

Persisting declarations and releases

Declarations of agent organisms continue in operation even if a long time has elapsed since the last release (s 52). This allows releases to proceed after long dormancy but can surprise stakeholders who assume the passage of time would invalidate authorisations.

Interaction with pre‑existing court orders

If a court order existed prior to an organism’s declaration as an agent organism, s 34(2) prevents actions or proceedings to the extent the order purports to prohibit release in accordance with the Act. That can displace judicial controls in ways stakeholders may not anticipate.

Interjurisdictional adoption and relevant law consent

A declaration that another State’s or the Commonwealth law is a relevant law requires written consent from the Minister administering that law (s 5(2)). Practitioners should not assume automatic cross‑recognition of declarations across jurisdictions , formal consent is required.

Inquiries: public vs private evidence and discretion

Commissions are generally public and not bound by rules of evidence (s 39(1), (7)). Commissions may hear matters in private and prohibit publication of evidence for confidentiality (s 39(2)). This mixture of public and private inquiry modalities can complicate stakeholder expectations about access to information.

Appeals limited and defined

Appeals to the Supreme Court are limited to specific Authority decisions listed in s 54. Other administrative decisions may not be appealable under s 54 and instead may be reviewable only via general administrative law pathways not spelled out in the Act.

Crown and immunity nuance

The Act binds the Crown (s 6(1)) but excludes Crown criminal liability (s 6(2)). The interaction between Crown obligations and enforcement regimes in practice requires careful attention when the Crown is an actor in biological control activities.

Regulatory silence on fees and assistance

The Act does not set out fees or detailed compensation schemes for persons adversely affected; s 36(3)(b) allows a Commission to consider whether assistance should be given , but the Act does not prescribe funding mechanisms. That leaves room for ad hoc policy responses which may impose costs on affected persons without statutory clarity.

Practitioners should treat these "gotchas" as prompts for careful procedural checklists: confirm Council processes and unanimity requirements early; ensure lodgement at the specified head office; preserve and document consultation steps; assess the limited civil‑law escape valves; and evaluate interjurisdictional consent requirements where other laws are implicated.

Practical steps and checklists for applicants, authorities, and affected parties to comply with the Act’s processes and to reduce legal and procedural risk.

For prospective applicants (target and agent applications)

Confirm standing and identities. Any person may apply (ss 11(1), 20(1)). Ensure an authorised natural person signs the application (ss 11(2), 20(2)).
Prepare required particulars meticulously. Target applications must identify the organism, explain why it causes harm in the State, and why it is or likely is controllable by biological means (s 11(3)). Agent applications must identify the organisms and set out possible mechanisms for control (s 20(3)). Include any prescribed particulars required by regulation (ss 11(3)(d), 20(3)(c)).
Anticipate public perusal. If the Council’s recommendation followed an application, copies must be available for perusal at a specified place and the public notice must inform where (s 15(3)(e); s 24(2)(e)). Ensure any sensitive material is appropriately identified and consider early engagement on confidentiality expectations with the Authority given s 39(2) permits private sessions.
Expect referral to the Council. After lodgement, the Authority will usually refer the application to the Council unless other action is underway (ss 13(1)-(2); 22(1)-(2)). Plan for the timeframe and for possible withdrawal before referral (ss 12(1), 21(1)).
Engage with the Council process early. Council unanimity is required for many steps (s 3(4), multiple declaration sections). Early consultation with Council members or their offices may reduce the risk of a blocked recommendation.

For the Authority and delegated officers

Observe delegation limits. Non‑delegable functions listed in s 9(1) must be retained by the Authority. Ensure delegation instruments are written, specify conditions and are properly revoked if necessary (s 9(2)-(4)).
Publish notices correctly. If the Council has unanimously recommended a declaration, publish notices in the Gazette and, where required, in the Commonwealth Gazette and other newspapers (ss 15(1)-(2), 24(1), 30(1)). Notices must include the particulars listed at ss 15(3) and 24(2).
Timelines for submissions. Notices must invite written submissions for at least six weeks (ss 15(3)(f), 24(2)(f), 30(3)(d)). Track and preserve submissions and ensure they are considered (ss 16, 25).
Consider inquiries where evidence suggests potential adverse effects. If the Authority considers there is evidence of possible adverse effects and no adequate inquiry has been held, the Authority must consult the Council and may direct an inquiry under Part 7 or seek other inquiry mechanisms (ss 17(1)-(3), 26(1)-(4), 31(1)-(3)). Do not make a declaration while an inquiry is pending (subs (3) in the cited sections).
Set release conditions where necessary. Declarations may include specific conditions about who may release or when releases may occur (s 27(3), s 28(3), s 29(3), s 32(3)). Draft and publish these conditions clearly and ensure compliance mechanisms are in place.

For third parties and potentially affected persons

Monitor the Gazette and newspapers. Notices may be published (ss 15, 24, 30). Time to lodge submissions is limited (six weeks unless extended), so monitor relevant publications closely.
Make written submissions and preserve records. The Authority must consider submissions (ss 16, 25). Prepare submissions that address the statutory tests (eg, likely controllability by biological means, potential harm, comparative benefits).
If concerned about adverse effects, request an inquiry. The Authority may order an inquiry where evidence suggests likely adverse effects and inadequate investigation has occurred (ss 17(1), 26(1), 31(1)). Engage early with the Authority and Council to encourage such inquiries where necessary.
Keep records for possible appeal. Certain Authority decisions are appealable to the Supreme Court (s 54). Preserve administrative records and document procedural irregularities as they may form grounds for judicial review or appeal.

For those conducting or attending Commissions

Observe summons obligations. If served a Commission summons, attend and produce documents as required (s 40). Failure to attend or produce can attract penalties (s 41, 43).
Prepare for both public and private evidence streams. Commissions may hold parts of inquiries in private and may restrict publication under s 39(2). Understand the Commission’s directions about confidentiality and publication.
Maintain truthfulness. False or misleading evidence at hearings is an indictable offence with significant penalties (s 45).
Know witness protections. Witnesses have protections analogous to Supreme Court witnesses (s 44) and are protected from victimisation (s 49); employers face specific penalties for dismissing or prejudicing employees who participate (s 49(2)).

For lawyers advising clients on risk

Assess procedural compliance by the Authority. Before challenging a declaration, verify the Authority complied with notice, consultation, and inquiry requirements (ss 15-17, 24-26, 30-31). Failures in procedure can support appeals under s 54 or other judicial review avenues.
Consider the narrow immunity exceptions. If contemplating litigation to recover damages from an authorised release, evaluate whether the loss is a result of significant effects on non‑target organisms and whether experts in Australia had reasonable grounds to expect such effects, and whether the Authority failed to consider that factor (s 34(3), s 35(3)). This will require detailed expert evidence.
Check for relevant law declarations. If releases were authorised under other State or Commonwealth laws, check whether those laws were declared "relevant laws" and whether consent processes occurred (s 5), as s 35 protects releases under a declared relevant law.
Watch regulatory instruments. The Governor may make regulations to prescribe procedures for the initiation and processing of proposals (s 55). Review the regulations for procedural requirements and potential fee provisions.

For public authorities and Crown actors

Note Crown binding and immunity. The Act binds the Crown (s 6(1)) but precludes prosecution of the Crown for offences under the Act (s 6(2)). Ensure administrative decisions adhere to statutory standards to reduce reputational and civil risk.
Coordinate interjurisdictionally. The Council and the relevant law declaration mechanism (s 5) mean that cross‑government coordination and written consents are essential for national or multi‑State biological control activities.

In short, compliance requires disciplined administrative practice: accurate, timely applications; strict adherence to lodging and publication channels; documented consultation and submission handling; careful use of delegation instruments; pre‑emptive scientific risk assessment to reduce exposure to the limited liability exceptions; and monitoring of Gazette notices and regulations.

Biological Control Act 1986

Plain English Summary

Deep Dive

What it does

Current sections

Biological Control Act 1986

Source text: opening excerpt

1 Biological Control Act 1986

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply