Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 229

Determination of ports that are first points of entry for vessels or goods that are subject to biosecurity control

  (1)   The Director of Biosecurity or the Director of Human Biosecurity may determine that a specified port in Australian territory is a first point of entry for any of the following:

  (a)   vessels generally, or a specified class of vessels, that are subject to biosecurity control;

  (b)   specified goods, or a specified class of goods:

  (i)   that are subject to biosecurity control; or

  (ii)   in relation to which an exposed goods order is in force.

  (2)   The Director of Biosecurity or the Director of Human Biosecurity may make a determination under subsection   (1) in relation to a port only if the Director who is proposing to make the determination is satisfied that:

  (a)   the requirements (if any) prescribed by the regulations in relation to the port are met; and

  (b)   the level of biosecurity risk associated with operations carried out at the port is acceptable.

  (3)   For the purpose of being satisfied of the matters referred to in subsection   (2), the Director of Biosecurity or the Director of Human Biosecurity (as the case may be) may have regard to any matter that the Director considers relevant.

Note:   A determination under subsection   (1) may be varied under section   232 or 233 or revoked under section   233. Subsection   33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.



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