39 Approval and cancellation of approval of transitional facilities and containment facilities

(1)

The Director-General may approve standards for building, maintaining, or operating transitional facilities.

(1A)

The Director-General must consult the persons the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard before approving the standard.

(2)

Any person may apply in an approved form and manner to the Director-General for the approval of any place as a transitional facility or a containment facility.

(2A)

The Director-General must consider every application for approval of a place as a containment facility made under subsection (2) and,—

(a)

if the application complies with the requirements of this Act; and

(b)

if the place meets the relevant standards approved by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996,—

the Director-General may approve the place as a containment facility.

(3)

The Director-General must consider every application for approval of a place as a transitional facility made under subsection (2) and—

(a)

if the application complies with the requirements of this Act; and

(b)

if the place meets the relevant standards approved under subsection (1),—

the Director-General may approve the place as a transitional facility for the purpose specified in the approval.

(3A)

The Director-General may approve the place as a transitional facility or a containment facility on conditions that the Director-General considers necessary or desirable.

(3B)

The Director-General may amend conditions in an approval, remove conditions from an approval, or add conditions to an approval when he or she considers it necessary or desirable to do so.

(4)

A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.

(5)

A transitional facility approval given in accordance with this section may specify the uncleared goods that may be held in the facility.

(6)

A containment facility approval given in accordance with this section may specify the organisms that may be held in the facility.

(7)

The Director-General may, by written notice to the facility operator, cancel an approval for a transitional facility, or a containment facility, or a part of an approval relating to 1 or more uses of a transitional facility, where—

(a)

the facility no longer complies with the relevant standards; or

(b)

the Director-General is satisfied that the facility is no longer used for the purpose or 1 or more of the purposes specified in the approval.

(8)

In exercising a power under subsection (7), the Director-General must observe the rules of natural justice.

(9)

The Director-General may, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities.

Section 39: replaced, on 26 November 1997, by section 20 of the Biosecurity Amendment Act 1997 (1997 No 89).

Section 39 heading: replaced, on 18 September 2012, by section 33(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(1): replaced, on 18 September 2012, by section 33(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(1A): inserted, on 18 September 2012, by section 33(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(2): amended, on 18 September 2012, by section 33(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(2A): inserted, on 29 July 1998, by section 131(2) of the Biosecurity Amendment Act 1997 (1997 No 89).

Section 39(3): amended, on 29 July 1998, by section 131(1)(b) of the Biosecurity Amendment Act 1997 (1997 No 89).

Section 39(3): amended, on 29 July 1998, by section 131(1)(c) of the Biosecurity Amendment Act 1997 (1997 No 89).

Section 39(3A): inserted, on 18 September 2012, by section 33(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(3A): amended, on 8 September 2018, by section 17 of the Statutes Amendment Act 2018 (2018 No 27).

Section 39(3B): inserted, on 18 September 2012, by section 33(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 39(7): amended, on 18 September 2012, by section 33(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).