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BIOSECURITY ACT 2015 - SECT 463

Biosecurity control orders--revoking orders

  (1)   This section applies during a biosecurity emergency period in relation to a biosecurity control order:

  (a)   that is made during that period under section   353 (whether or not with the modifications provided by section   461); and

  (b)   that relates to the declaration disease or pest.

  (2)   The Director of Biosecurity:

  (a)   is not required to revoke the biosecurity control order under section   359 (although the Director may do so); and

  (b)   may revoke the biosecurity control order if the Director is satisfied that the order no longer contributes to:

  (i)   preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory; or

  (ii)   managing the biosecurity risk posed by the declaration disease or pest.

Note:   For modifications of Part   4 of Chapter   6 (biosecurity control orders) in relation to biosecurity control orders revoked in accordance with this section, see section   464.

  (3)   If the biosecurity control order does not cease to be in force earlier, the biosecurity control order ceases to be in force at the end of the biosecurity emergency period (unless that period is extended under section   444).

Note:   The biosecurity control order may also cease to be in force under section   357.

  (4)   To avoid doubt, the biosecurity control order may be revoked in accordance with subsection   (2) despite subsection   359(1).

Note:   Biosecurity control orders can also be revoked under subsection   359(1) without the modifications provided by this section (see subsection   458(2)).

  (5)   For the purposes of this Act, a biosecurity control order that is revoked in accordance with subsection   (2) of this section is taken to have been revoked under subsection   359(1).


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