Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 28

28. (1) Where the Authority, after-

   (a)  complying with sections 26 and 27 in respect of an agent
        recommendation;

   (b)  consulting the members of the Council regarding the appropriateness of
        action under this section in respect of that recommendation;

   (c)  considering the nature of, the proceedings in, and the findings of,
        any inquiry that the Authority considers relevant to the
        recommendation (which may be an inquiry under Part VII in respect of a
        target recommendation or an inquiry conducted on behalf of a State);
        and

   (d)  considering any reports relating to the recommendation made by any
        person or authority competent to do so that the Authority considers
        relevant, considers that there is evidence that a person or the
        environment would be adversely affected by the release of organisms of
        the kind to which the recommendation relates but an adequate
        investigation or inquiry into the effect of such a release has not
        been held, the Authority may-

   (e)  direct that an inquiry under Part VII be conducted in respect of the
        recommendation;

   (f)  where the Authority considers it appropriate to do so, arrange for the
        Minister who administers the Industries Assistance Commission Act 1973
        to refer the recommendation to the Industries Assistance Commission
        for inquiry and report; or

   (g)  where the Authority considers it appropriate to do so, arrange for the
        Minister who administers the
        Environment Protection (Impact of Proposals) Act  1974 to direct that
        an inquiry be conducted under that Act in respect of the
        recommendation.

(2) An inquiry by virtue of paragraph (1) (e), (f) or (g) in respect of an
agent recommendation that recommends that organisms of a particular kind
should be declared to be agent organisms if organisms to which a target
recommendation applies are declared to be target organisms and an inquiry by
virtue of paragraph 19 (1) (e), (f) or (g), as the case may be, in respect of
that target recommendation may be conducted as if they were one inquiry.

(3) Where the Authority takes action under paragraph (1) (e), (f) or (g) for
an inquiry in relation to an agent recommendation, the Authority shall not
take any further action under this Act in relation to that recommendation
unless and until the Authority has considered the report made as the result of
that inquiry.