Commonwealth Consolidated Regulations

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BIOSECURITY REGULATION 2016 - REG 31

Time within which a BIRA must be completed

  (1)   A final BIRA report in relation to a BIRA must be published on the Agriculture Department's website within the period of 30 months commencing on the day the notice in relation to the BIRA was given under section   24.

  (2)   The following periods are to be disregarded for the purpose of calculating the period of 30 months:

  (a)   if a request is made to the Inspector - General under section   34 to review the process of conducting the BIRA--the period beginning when the Inspector - General notifies the Director of Biosecurity that the request has been received and ending when (as the case may be):

  (i)   the Inspector - General notifies the Director that the Inspector - General is not satisfied that it is appropriate to conduct the review; or

  (ii)   the Inspector - General gives the final BIRA review report to the Director under section   38;

  (b)   the period beginning on the day the counting of time stops in accordance with a notice published under subsection   (3) and ending on the day the counting of time resumes in accordance with a notice published under subsection   (7).

  (3)   If the Director of Biosecurity believes it will not be possible, or it is likely not to be possible, for the Director to complete the BIRA within the period provided under subsections   (1) and (2) because:

  (a)   the Director has made a request under section   28 or 29 in relation to the BIRA; or

  (b)   a biosecurity circumstance of national or international significance has occurred;

the Director may publish a notice in accordance with subsection   (4) on the Agriculture Department's website.

  (4)   A notice published under subsection   (3) in relation to a BIRA must:

  (a)   identify the BIRA; and

  (b)   state that the Director of Biosecurity believes that it will not be possible, or it is likely not to be possible, for the Director to complete the BIRA within the period provided under subsections   (1) and (2); and

  (c)   state the reason for issuing the notice; and

  (d)   state that the counting of time for this section is to stop on the day the notice is published or on a later day specified in the notice.

  (5)   If the Director of Biosecurity publishes a notice under subsection   (3) in relation to a BIRA, the counting of time for this section stops in accordance with the notice.

  (6)   The Director of Biosecurity may revoke a notice published under subsection   (3) in relation to a BIRA if, as the case may be:

  (a)   the Director has been given an adequate response to a request made under section   28 or 29; or

  (b)   the Director is satisfied that a response to a request made under section   28 or 29 is no longer necessary; or

  (c)   the biosecurity circumstance of national or international significance has ceased to exist or to have an impact on the process of conducting the BIRA.

  (7)   If the Director of Biosecurity proposes to revoke a notice published under subsection   (3) in relation to a BIRA, the Director must publish on the Agriculture Department's website a notice:

  (a)   identifying the BIRA; and

  (b)   stating the reason for revoking the notice; and

  (c)   stating that the counting of time for this section is to resume on the day the notice is published or on a later day specified in the notice.

  (8)   If the Director of Biosecurity publishes a notice under subsection   (7) in relation to a BIRA, the counting of time for this section resumes in accordance with the notice.



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