Biosecurity Act 1993

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100 Management agencies

(1)

The management agency specified in a plan must be 1 of the following bodies:

(a)

a department:

(b)

a council:

(c)

a territorial authority:

(d)

a body corporate.

(2)

In deciding which body is to be the management agency, the Minister or council must take the following into consideration:

(a)

the need for accountability to those providing the funds to implement the plan; and

(b)

the acceptability of the body to—

(i)

those providing the funds to implement the plan; and

(ii)

those subject to management provisions under the plan; and

(c)

the capacity of the body to manage the plan, including the competence and expertise of the body’s employees and contractors.

(3)

Subsection (4) applies if a management agency—

(a)

gives the Minister or council a written notice of resignation; or

(b)

goes into liquidation, receivership, statutory management, or voluntary administration; or

(c)

ceases to exist.

(4)

The Minister or council must, as soon as practicable,—

(a)

appoint another body to be the management agency; and

(b)

publicly notify the appointment.

Section 100: replaced, on 18 September 2012, by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).