Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 33

33. (1) Where the Authority-

   (a)  is contemplating making a declaration under section 31; and

   (b)  after-

        (i)    consulting the members of the Council regarding the
               appropriateness of action under this section in respect of the
               contemplated declaration;

        (ii)   considering the nature of, the proceedings in, and the findings
               of, any inquiry that the Authority considers relevant (which
               may be an inquiry conducted on behalf of a State); and

        (iii)  considering any reports 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
declaration would relate but an adequate investigation or inquiry into the
effect of such a release has not been held, the Authority may-

   (c)  direct that an inquiry under Part VII be conducted in respect of the
        contemplated declaration;

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

   (e)  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 contemplated
        declaration.

(2) Where the Authority takes action under paragraph (1) (c), (d) or (e) for
an inquiry in relation to a contemplated declaration, the Authority shall not
make that declaration unless and until the Authority has considered the report
made as the result of the inquiry.