Commonwealth Consolidated Regulations

BIOSECURITY REGULATION 2016 - REG 44

  (1)   This section is made for the purposes of subsection   180(2) of the Act.

  (1A)   Before the Director of Biosecurity varies or revokes a condition of a permit, or imposes a further condition on a permit, granted under section   179 of the Act:

  (a)   a risk assessment must be conducted by a biosecurity worker in relation to the goods to which the permit relates; and

  (b)   the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.

Note:   ALOP (short for Appropriate Level of Protection) has the meaning given by section   5 of the Act.

  (2)   In deciding whether to vary or revoke a condition of a permit granted under section   179 of the Act, the Director of Biosecurity must consider:

  (aa)   the risk assessment that was conducted in relation to the goods to which the permit relates; and

  (a)   the level of biosecurity risk associated with the goods to which the permit relates; and

  (b)   whether the condition imposed on the permit is necessary to reduce the level of biosecurity risk associated with the goods to an acceptable level; and

  (c)   personal information that was required to be provided with the application for the permit under section   531 of the Act.

  (3)   In deciding whether to impose a further condition on a permit granted under section   179 of the Act, the Director of Biosecurity must consider:

  (aa)   the risk assessment that was conducted in relation to the goods to which the permit relates; and

  (a)   the level of biosecurity risk associated with the goods to which the permit relates; and

  (b)   whether imposing a further condition on the permit is necessary to reduce the level of biosecurity risk associated with the goods to an acceptable level; and

  (c)   personal information that was required to be provided with the application for the permit under section   531 of the Act.

  (5)   In deciding whether to vary or revoke a condition of, or impose a further condition on, a permit, the Director of Biosecurity may also consider:

  (a)   whether the holder of the permit is a fit and proper person (having regard to the matters referred to in section   530 of the Act); and

  (b)   whether the holder of the permit is an associate of a person who applied under section   177 of the Act for a permit and whose application was refused (whether or not the person's application related to goods of the same kind); and

  (c)   any other matters relating to the goods or the holder of the permit that the Director considers relevant.