58 Process for amending or revoking and replacing national policy direction

(1)

If the national policy direction is to be amended in a way that the Minister considers would materially alter the direction, the Minister must—

(a)

prepare the proposed amendment; and

(b)

apply the process in section 57(2) to (8) to the proposed amendment.

(2)

If the national policy direction is to be amended in a way that the Minister does not consider would materially alter the direction, the Minister must—

(a)

approve the amendment; and

(b)

publish a notice in the Gazette stating that the amendment has been approved; and

(c)

publicly notify the amendment in whatever form he or she thinks appropriate; and

(d)

send a copy of the amendment to every management agency and regional council.

(3)

If the national policy direction is to be revoked and replaced, the Minister must follow the process in section 57(1) to (8).

(4)

An amendment under subsection (1) or (2) or a replacement direction under subsection (3) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 58: replaced, on 18 September 2012, by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).

Section 58(4): replaced, on 1 February 2014, by section 77(3) of the Legislation Act 2012 (2012 No 119).