BIOSECURITY LEGISLATION AMENDMENT ACT 2024 (NO. 11 OF 2024)

Australian Capital Territory Numbered Acts

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BIOSECURITY LEGISLATION AMENDMENT ACT 2024 (NO. 11 OF 2024) - SCHEDULE 2

Schedule 2 Consequential amendments

Part 2.1 Administrative Decisions (Judicial Review) Act 1989

[2.1] New section 10 (2A)

insert

(2A) An application to the Supreme Court for an order of review in relation to a decision made under the Biosecurity Act 2023

, part 3 (Biosecurity emergency declarations) or part 4 (Biosecurity control declarations) must be made within the period beginning on the day the decision is made and ending 10 business days after the relevant day.

[2.2] Schedule 1, item 16

omit

[2.3] Dictionary, note 2

insert

• business day

Part 2.2 Biosecurity Act 2023

[2.4] New part 16A

insert

Part 16A Transitional

234A Meaning of commencement day —pt 16A

In this part:

"commencement day" means the day section 3 commences.

234B Beekeepers registered under repealed Act

(1) This section applies to a beekeeper registered under the repealed Act, part 5A as in force immediately before the commencement day.

(2) The registration continues in force under the repealed Act, and that Act, part 5A continues to apply in relation to the registration.

(3) The beekeeper's registration ends on the earlier of the following:

(a) 3 years after the day the registration was approved;

(b) the day the beekeeper's biosecurity registration in relation to beekeeping is approved.

(4) In this section:

"repealed Act" means the Animal Diseases Act 2005

234C Authorised people and inspectors under repealed Acts

(1) This section applies to a person—

(a) appointed as an authorised person or inspector under a repealed appointment provision; and

(b) who was an authorised person or inspector immediately before the commencement day.

(2) The person is taken to be appointed as an authorised person under this Act, section 168 and the appointment continues in force until the end of the term of the appointment under the repealed appointment provision unless ended earlier.

(3) The following are taken to be statutory instruments made under this Act, section 168:

• Animal Diseases (Authorised People) Appointment 2023 (No 1)

(NI2023-593)

• Pest Plants and Animals (Authorised People) Appointment 2023 (No 1)

(NI2023-595)

• Plant Diseases (Inspectors) Appointment 2023 (No 1)

(NI2023-596).

(4) In this section:

"repealed appointment provision "means any of the following provisions:

(a) the Animal Diseases Act 2005

, section 64;

(b) the Pest Plants and Animals Act 2005

, section 30;

, section 19.

234D Transitional regulations

(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.

(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.

(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

Note A transitional provision under s (1) continues to have effect after its repeal, however, a modification under s (2) has no ongoing effect after its repeal (see Legislation Act

, s 88).

234E Expiry—pt 16A

This part expires 3 years after the commencement day.

[2.5] Section 235 (3)

substitute

(3) All other statutory instruments, other than the following instruments, under the legislation mentioned in subsection (1) are repealed:

• Animal Diseases (Authorised People) Appointment 2023 (No 1)

(NI2023-593)

• Pest Plants and Animals (Authorised People) Appointment 2023 (No 1)

(NI2023-595)

• Plant Diseases (Inspectors) Appointment 2023 (No 1)

(NI2023-596).

Note The transitional provisions in this Act provide that certain statutory instruments made under the repealed appointment provisions are taken to be made under this Act (see s 234C).

Part 2.3 Environment Protection Act 1997

[2.6] Schedule 1, section 1.1, new definition of pest

insert

"pest"—see the Biosecurity Act 2023

, section 11.

[2.7] Dictionary, new definition of pest

insert

"pest", for schedule 1 (Activities requiring environmental authorisation)—see the Biosecurity Act 2023

, section 11.

Part 2.4 Environment Protection Regulation 2005

[2.8] Section 10 (2)

substitute

(2) Subsection (1) does not apply to anything required to be done under the Biosecurity Act 2023

[2.9] Section 10 (4) (b)

substitute

(b) to anything required to be done under the Biosecurity Act 2023

; or

[2.10] Schedule 1, part 1.2, item 5

substitute

5

destroying a thing

the destruction is required under the Biosecurity Act 2023

Part 2.5 Firearms Act 1996

[2.11] Table 61, item 7, column 3, paragraph (c)

after

a person employed by or within

insert

, or authorised by,

[2.12] Section 140A (1) (c)

substitute

(c) is employed by or in, or authorised by, a government agency for 1 or both of the following purposes (the relevant purpose ):

(i) controlling vertebrate pest animals in the ACT;

(ii) exercising a function as an authorised person under the Biosecurity Act 2023

; and

Part 2.6 Firearms Regulation 2008

[2.13] Section 15 (2) (c) and note

substitute

(i) the Animal Welfare Act 1992

;

(ii) the Biosecurity Act 2023

;

(iii) the Domestic Animals Act 2000

;

(iv) the Environment Protection Act 1997

;

[2.14] Section 16

substitute

16 Government agency responsible for vertebrate pest animal control—Act, s 61

For the Act

, table 61, item 4, each administrative unit responsible for the following Acts is a prescribed government agency:

(a) the Animal Welfare Act 1992

;

(b) the Biosecurity Act 2023

;

(d) the Environment Protection Act 1997

[2.15] New section 35 (ca)

insert

(ca) to exercise the functions of an authorised person under the Biosecurity Act 2023

;

[2.16] Section 52A (4), definition of fauna , paragraph (b)

substitute

(b) an animal that is a pest; or

[2.17] Section 52A (4), definition of pest animal

substitute

"pest"—see the Biosecurity Act 2023

, section 11.

Part 2.7 Fisheries Act 2000

[2.18] Section 27 (1), definition of suitability information , paragraph (d)

substitute

(d) if the activity involves a native species or an animal that is a declared pest—the number and species of each animal involved in the activity; and

[2.19] Section 27 (2)

substitute

(2) In this section:

"declared pest"—see the Biosecurity Act 2023

, section 11 (2).

[2.20] Section 78 (3)

substitute

(3) Subsection (1) does not apply if the person is authorised to possess the fish by a permit or group exemption under the Biosecurity Act 2023

Part 2.8 Land Titles Act 1925

[2.21] Section 120 (1) (c)

omit

pest plants or pest animals