Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 36

36. (1) Subject to sub-section (3), no action or other proceeding shall be
instituted or continued in any court-

   (a)  to prevent the release of agent organisms in accordance with section 
        35 ;

   (b)  to recover damages in respect of any loss incurred, or any damage
        suffered, in a Territory by reason of the release of agent organisms
        in accordance with that section; or

   (c)  to recover damages in respect of any loss incurred, or any damage
        suffered, in a State by reason of the release of agent organisms in
        accordance with that section.

(2) If, at the time at which organisms of a particular kind were declared
under section 29, 30, 31 or 34 to be agent organisms, there was in force an
order of a court relating to the release of organisms of that kind, no action
or other proceeding shall be instituted or continued in any court in respect
of that order in so far as the order purports to prohibit a person from-

   (a)  releasing organisms of that kind in the Australian Capital Territory
        in accordance with section 35; or

   (b)  doing anything to assist or further the release of organisms of that
        kind in that Territory in accordance with section 35.

(3) Nothing in sub-section (1) prevents the institution or continuation in any
court of an action or other proceeding to recover damages in respect of any
loss incurred, or any damage suffered, by reason of the release of agent
organisms of a particular kind in accordance with section 35 where-

   (a)  the loss incurred or the damage suffered was the result of the release
        having had a significant effect on other organisms;

   (b)  at the time of the release, the persons in Australia having a
        reputation for special knowledge of the biology of organisms of that
        kind knew, or had reasonable grounds to expect, that such a release
        could have such an effect; and

   (c)  in making the declaration declaring organisms of that kind to be agent
        organisms, the Authority did not take into account (whether because of
        the state of scientific knowledge or otherwise) the factor that such a
        release could have such an effect.