Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 2

2. (1) In this Act, unless the contrary intention appears-

"agent application" means an application under section 22;

"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;

"agent organisms" means organisms in respect of which there is in force a
declaration by the Authority, under section 29, 30, 31 or 34, that the
organisms are agent organisms for the purposes of this Act;

"Authority" means the Commonwealth Biological Control Authority established by
section 8;

"Commonwealth Minister" or "the Minister" means the Minister for the time
being administering this Act;

"control", in relation to organisms, includes-

   (a)  reduce the number of those organisms;

   (b)  prevent an increase in the number of those organisms;

   (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 the body known as the Australian Agricultural Council;

"kind", in relation to live organisms, means species, sub-species or variety;

"organism" means-

   (a)  an organism (whether alive or dead and whether or not indigenous to
        Australia) other than man; or

   (b)  a part of, or matter discharged from, an organism within the meaning
        of paragraph (a);

"organization" includes-

   (a)  a body corporate;

   (b)  an association or other body of persons; and

   (c)  an association that consists of 2 or more organizations within the
        meaning of the preceding paragraphs;

"person" includes an organization;

"prescribed live organisms" means live organisms other than live vaccines or
resistant cultivars;

"relevant State law" means a law of a State declared by the Authority under
section 9 to be a relevant State law for the purposes of this Act;

"State" includes the Northern Territory;

"target application" means an application under section 13;

"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;
   "target organisms" means organisms in respect of which there is in force a
declaration by the Authority, under section 20, 30, 31 or 34, that the
organisms are target organisms for the purposes of this Act;

"Territory" does not include the Northern Territory.

(2) For the purposes of this Act, the Jervis Bay Territory shall be taken to
be part of the Australian Capital Territory.

(3) 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.

(4) For the purposes of this Act, organisms of a particular kind shall be
taken to cause harm in the Australian Capital Territory if they cause harm in
a part or parts only of that Territory.

(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)  a reference to a Minister of a State shall, except in relation to the
        Northern Territory, be read as a reference to a Minister of the Crown
        of the State; and

   (b)  a reference to a Minister of a State shall, in relation to the
        Northern Territory, be read as a reference to a person holding an
        office referred to in section 34 of the
        Northern Territory (Self-Government) Act 1978.