Hazardous Substances and New Organisms Act 1996

25 Restriction of import, manufacture, development, field testing, or release

• (1) No—

  • (a) Hazardous substance shall be imported, or manufactured:

  • (b) New organism shall be imported, developed, field tested, or released—

  otherwise than in accordance with an approval issued under this Act or in accordance with Parts 11 to 16 of this Act.

  (1A) Subsection (1)(b) does not apply to—

  • (a) the importation of an incidentally imported new organism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993; or

  • (b) the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation.

  (1B) The department responsible for administering the Biosecurity Act 1993 or its agents, and any other departments recognised by the responsible Minister under section 101(2) of that Act or their agents may, despite subsection (1)(b), isolate, aggregate, multiply, or use an incidentally imported new organism for the purpose of identifying, managing, or eradicating that organism.

  (2) No approval shall be issued to import, develop, field test, or release any new organism specified in Schedule 2.

  (3) If an organism has a conditional release approval, no further approvals are required for the conditional release of the organism on the same conditions.

  (4) If an organism has an approval for importation into containment, no further approvals are required for the importation into containment of the organism.

  (5) The restriction on the importation of a new organism does not apply to biological material of the organism that cannot, without human intervention, be used to reproduce the organism.

  (6) No person may do any of the things specified in subsection (1)(a) or (b) in relation to any hazardous substance or new organism that is the subject of an innovative agricultural compound application or an innovative medicine application unless the person has applied for and been granted an approval to do that thing.

  (7) Subsection (6) ceases to apply in respect of a hazardous substance or new organism on the date that section 55(3) to (4B) ceases to apply either to the Authority or to any information held by the Authority in relation to the hazardous substance or new organism concerned.

  (8) In this section,—

  innovative agricultural compound application has the same meaning as in section 72 of the Agricultural Compounds and Veterinary Medicines Act 1997

  innovative medicine application has the same meaning as in section 23A of the Medicines Act 1981.

  Section 25 heading: amended, on 9 April 2008, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 25(1A): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 25(1B): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Subsection (2) was amended, as from 30 October 2003, by section 12(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the expression “Schedule 2” for the words “the Second Schedule to this Act”.

  Subsection (3) was substituted, as from 30 October 2003, by section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Subsections (4) to (8) were inserted, as from 30 October 2003, by section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 25(5): amended, on 9 April 2008, by section 6(3) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).