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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
BIODISCOVERY BILL 2004
Queensland
BIODISCOVERY BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Why this Act was enacted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--OPERATION OF ACT
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Extra-territorial application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--COLLECTION AUTHORITIES
Division 1--Preliminary
10 What collection authority authorises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Application for collection authority
11 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Content of approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Chief executive's powers before deciding application . . . . . . . . . . . . . . . . . 15
14 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Term of collection authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Conditions of collection authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Collection authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Division 3--Amending, suspending, cancelling or surrendering
collection authority
20 Amending, suspending or cancelling collection authority . . . . . . . . . . . . . . 18
21 Procedure for amendment, suspension or cancellation . . . . . . . . . . . . . . . . . 18
22 Returning collection authority on cancellation . . . . . . . . . . . . . . . . . . . . . . . 19
23 Surrendering collection authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Effect of particular statutory changes on collection
authority
24 Collection authority concerning land dedicated as new national
park or declared as marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Collection authority concerning wildlife. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Miscellaneous
26 Replacement collection authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Collection authority register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Public access to collection authority register . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 4--OTHER MATTERS ABOUT COLLECTION
AUTHORITIES
Division 1--Identifying native biological material and giving samples of
material to State
29 Identifying native biological material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Giving samples of material to State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Restriction on receiving entity's use of samples . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Material disposal report
32 Giving material disposal report to DSDI chief executive . . . . . . . . . . . . . . . 24
PART 5--BENEFIT SHARING AGREEMENTS
Division 1--Entering into agreement
33 Power to enter into agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Content of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Conditions of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Approval of biodiscovery plans
36 Application for approval of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Chief executive's powers before deciding application . . . . . . . . . . . . . . . . . 27
39 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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40 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Amendment of approved plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Register and other records about benefit sharing
agreements
42 Benefit sharing agreement register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Records to be kept by biodiscovery entity . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 6--COMPLIANCE CODE AND COLLECTION
PROTOCOLS
44 Establishing compliance code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Establishing collection protocols. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Consultation for compliance code and collection protocols . . . . . . . . . . . . . 31
47 Public notice of establishment of compliance code and collection protocols 31
48 When compliance code and collection protocols have effect . . . . . . . . . . . . 32
49 Access to compliance code and collection protocols . . . . . . . . . . . . . . . . . . 32
PART 7--OFFENCES
Division 1--Offences about collection authorities and biodiscovery
plans
50 Offence to take without a collection authority . . . . . . . . . . . . . . . . . . . . . . . 33
51 Contravening a condition of a collection authority . . . . . . . . . . . . . . . . . . . . 33
52 False or misleading information given by applicant . . . . . . . . . . . . . . . . . . . 33
53 False or misleading documents given by applicant . . . . . . . . . . . . . . . . . . . . 34
Division 2--Offences about benefit sharing agreements
54 Using native biological material for biodiscovery without a benefit
sharing agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
55 Contravening a condition of a benefit sharing agreement . . . . . . . . . . . . . . . 35
56 False or misleading information given by person seeking benefit sharing
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
57 False or misleading documents given by person seeking benefit sharing
agreement .............................................. 36
58 False or misleading information about reportable matters . . . . . . . . . . . . . . 36
Division 3--Other offence provisions
59 Claims by persons about holding a collection authority . . . . . . . . . . . . . . . . 36
60 Collection authority to be available for immediate inspection . . . . . . . . . . . 36
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PART 8--MONITORING AND ENFORCEMENT
Division 1--Inspectors
61 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
64 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Powers of inspectors
Subdivision 1--Entry of places
68 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2--Procedure for entry
69 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 3--Other powers
74 Power to stop and search vehicles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
76 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Subdivision 4--Power to seize evidence
78 Seizing evidence at place that may only be entered with consent or
warrant ............................................... 46
79 Seizing evidence at other places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
80 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
81 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
82 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
83 Disposal of native biological material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
84 Forfeiture of things not owned by the State . . . . . . . . . . . . . . . . . . . . . . . . . 48
85 Dealing with forfeited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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86 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
87 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 3--General investigation matters
88 Inspector's obligation not to cause unnecessary damage . . . . . . . . . . . . . . . 50
89 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
90 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
91 False or misleading information given to inspector . . . . . . . . . . . . . . . . . . . 51
92 False or misleading documents given to inspector . . . . . . . . . . . . . . . . . . . . 51
93 Obstructing an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
94 Impersonating an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 9--REVIEW OF DECISIONS
Division 1-- Decisions of EPA chief executive
95 Application for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
96 How to apply for internal review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
97 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Restriction on external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 2--Decisions of DSDI chief executive
99 Application for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
100 How to apply for internal review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
101 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
102 Restriction on external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 10--APPEALS
103 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
104 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
105 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
106 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
107 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 11--LEGAL PROCEEDINGS
Division 1--Evidence
108 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
109 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
110 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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111 Evidentiary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Proceedings
112 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
113 Allegations of false or misleading information or documents . . . . . . . . . . . 59
114 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 59
115 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 60
PART 12--MISCELLANEOUS
Division 1--Protection of confidentiality
116 Freedom of Information Act 1992 does not apply to benefit
sharing agreement .................................... 61
117 Disclosure of information about collection authority, benefit sharing
agreement or biodiscovery plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 2--Protection from liability
118 Liability of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
119 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
120 Whistleblowers' protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 3--Other miscellaneous provisions
121 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
122 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
123 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 13--TRANSITIONAL PROVISIONS
124 Existing benefit sharing agreements with State. . . . . . . . . . . . . . . . . . . . . . . 64
125 Existing permits, licences or other authorities . . . . . . . . . . . . . . . . . . . . . . . 65
PART 14--AMENDMENT OF OTHER ACTS
Division 1--Amendment of Fisheries Act 1994
126 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
127 Amendment of s 11 (General application of Act) . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Amendment of Forestry Act 1959
128 Act amended in div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
129 Amendment of s 102 (Saving of certain Acts) . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Amendment of Freedom of Information Act 1992
130 Act amended in div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
131 Amendment of sch 1 (Secrecy provisions giving exemption). . . . . . . . . . . . 66
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Division 4--Amendment of Gene Technology Act 2001
132 Act amended in div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
133 Amendment of s 187 (Confidential commercial information must
not be disclosed) ...................................... 67
Division 5--Amendment of Nature Conservation Act 1992
134 Act amended in div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
135 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 15--REPEAL OF YEAR 2000 INFORMATION
DISCLOSURE ACT 1999
136 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 69
DICTIONARY
2004
A BILL
FOR
An Act about taking and using State native biological resources for
biodiscovery, and for other purposes
s1 10 s3
Biodiscovery Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Biodiscovery Act 2004. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Purposes of Act 7
(1) The main purposes of this Act are-- 8
(a) to facilitate access by biodiscovery entities to minimal quantities1 9
of native biological resources on or in State land or Queensland 10
waters ("State native biological resources") for biodiscovery; 11
and 12
(b) to encourage the development, in the State, of value added 13
biodiscovery; and 14
(c) to ensure the State, for the benefit of all persons in the State, 15
obtains a fair and equitable share in the benefits of biodiscovery;2 16
and 17
(d) to ensure biodiscovery enhances knowledge of the State's 18
biological diversity, promoting conservation and sustainable use 19
of native biological resources. 20
(2) The purposes are achieved mainly by providing for-- 21
(a) the following streamlined frameworks-- 22
(i) a regulatory framework for taking and using State native 23
biological resources, in a sustainable way, for biodiscovery; 24
1 See the definition of "minimal quantity" in the schedule.
2 See the definition of "benefits of biodiscovery" in the schedule.
s4 11 s5
Biodiscovery Bill 2004
(ii) a contractual framework for benefit sharing agreements to 1
be entered into with biodiscovery entities for the use, for 2
biodiscovery, of State native biological resources; and 3
(b) a compliance code and collection protocols for taking native 4
biological material; and 5
(c) the monitoring and enforcement of compliance with this Act. 6
4 Why this Act was enacted 7
(1) The Commonwealth has ratified the `Convention on Biological 8
Diversity', the objects of which are-- 9
(a) the conservation of biological diversity; and 10
(b) the sustainable use of its components; and 11
(c) the fair and equitable sharing of benefits arising from the use of 12
genetic resources. 13
(2) The convention requires countries to develop and implement 14
strategies for the conservation of biological diversity and the sustainable 15
use of its components. 16
(3) Article 15 of the convention recognises the sovereign rights of the 17
States over their natural resources and the States' authority to decide access 18
to genetic resources, including the fair and equitable sharing of benefits 19
gained from the access. 20
(4) This Act enacts, as part of Queensland's law, provisions to give effect 21
to Article 15 of the convention to the extent it concerns native biological 22
resources in Queensland. 23
(5) In this section-- 24
"Convention on Biological Diversity" mean the convention-- 25
(a) opened for signature on 5 June 1992 at the United Nations 26
Conference on Environment and Development (the Rio de 27
Janeiro `Earth Summit'); and 28
(b) entered into force on 29 December 1993. 29
5 Definitions 30
The dictionary in the schedule defines particular words used in this Act. 31
s6 12 s9
Biodiscovery Bill 2004
PART 2--OPERATION OF ACT 1
6 Act binds all persons 2
(1) This Act binds all persons, including the State, and, so far as the 3
legislative power of the Parliament permits, the Commonwealth and the 4
other States. 5
(2) Nothing in this Act makes the State, the Commonwealth or another 6
State liable to be prosecuted for an offence. 7
7 Relationship with other Acts 8
(1) This section applies in relation to any other Act to the extent the 9
other Act-- 10
(a) requires a person to obtain a licence, permit or other authority to 11
take native biological material for which a collection authority 12
may be issued under this Act; or 13
(b) prohibits the taking of native biological material for which a 14
collection authority may be issued under this Act. 15
(2) Despite the other Act, if a collection authority is issued for the 16
material, the person is not-- 17
(a) required to obtain the licence, permit or other authority for taking 18
the material; or 19
(b) prohibited from taking the material. 20
8 Operation of Act 21
This Act is intended to operate to its full effect despite any adverse effect 22
its operation may have on the existence or exercise of any private rights, 23
including proprietary rights. 24
9 Extra-territorial application of Act 25
(1) This Act applies both within and outside Queensland. 26
(2) Subject to the Constitution of Queensland, this Act applies outside 27
Queensland, in relation to native biological resources, to the full extent of 28
the extraterritorial legislative power of the Parliament. 29
s 10 13 s 11
Biodiscovery Bill 2004
(3) A person commits an offence that is defined in a provision of this 1
Act, other than this provision, if-- 2
(a) the person does an act, or makes an omission, outside the State in 3
relation to native biological material; and 4
(b) the act or omission would constitute the offence if it were done or 5
made by the person within the State. 6
(4) This section does not limit the Criminal Code, sections 12 to 14.3 7
PART 3--COLLECTION AUTHORITIES 8
Division 1--Preliminary 9
10 What collection authority authorises 10
Subject to section 17,4 a collection authority authorises its holder to take 11
minimal quantities of stated native biological material from, on or in, State 12
land or Queensland waters, and keep the material, for biodiscovery. 13
Division 2--Application for collection authority 14
11 Procedural requirements for application 15
(1) An application for a collection authority must be-- 16
(a) made to the EPA chief executive in the approved form; and 17
(b) supported by sufficient information to enable the chief executive 18
to decide the application; and 19
(c) accompanied by each of the following-- 20
(i) the application fee prescribed under a regulation; 21
3 Criminal Code, sections 12 (Application of Code as to offences wholly or partially
committed in Queensland), 13 (Offences enabled, aided, procured or counselled by
persons out of Queensland) and 14 (Offences procured in Queensland to be
committed out of Queensland)
4 Section 17 (Conditions of collection authority)
s 12 14 s 12
Biodiscovery Bill 2004
(ii) the registration fee prescribed under a regulation; 1
(iii) any other document, identified in the approved form, the 2
chief executive reasonably requires for deciding the 3
application. 4
(2) The application must also be accompanied by a copy of the 5
applicant's proposed or approved biodiscovery plan. 6
(3) Subsection (2) does not apply if, before the commencement of the 7
subsection, the applicant entered into an agreement with the State-- 8
(a) concerning the activity the subject of the application; and 9
(b) providing for the matters mentioned in sections 33(1) and 34. 10
(4) Information in the application must, if the approved form requires, be 11
verified by a statutory declaration. 12
12 Content of approved form 13
(1) The approved form for the application must provide for the inclusion 14
of each of the following-- 15
(a) the applicant's name and, if the applicant is not an individual, the 16
applicant's ACN or ABN; 17
(b) the applicant's place of business; 18
(c) an appropriate description of the State land or Queensland waters 19
to which the application relates; 20
21
Example--
22
the real property description or geographic coordinates of the land or
23
waters
(d) a description of the type of material, proposed to be taken under 24
the collection authority, of sufficient detail to enable the material 25
to be identified for deciding the application; 26
(e) the material's scientific classification, to the extent known by the 27
applicant; 28
(f) the period for which the collection authority is sought. 29
(2) The approved form may include requirements for the description 30
mentioned in subsection (1)(d). 31
s 13 15 s 14
Biodiscovery Bill 2004
13 Chief executive's powers before deciding application 1
(1) Before deciding the application, the EPA chief executive may, by 2
written notice given to the applicant, ask for any further information or 3
document the chief executive reasonably requires to decide the application. 4
(2) The notice must state a reasonable period of at least 20 business days 5
after it is given (the "stated period") within which the information or 6
document must be given. 7
(3) The chief executive may require the information or document to be 8
verified by a statutory declaration. 9
(4) The applicant is taken to have withdrawn the application if the 10
applicant does not comply with the requirement within the stated period. 11
(5) A notice under subsection (1) must be given to the applicant within 12
20 business days after the chief executive receives the application. 13
14 Deciding application 14
(1) The EPA chief executive must consider the application and decide-- 15
(a) to grant the application, with or without conditions decided by 16
the chief executive;5 or 17
(b) to refuse the application. 18
(2) The chief executive may grant the application only if the chief 19
executive is satisfied of each of the following-- 20
(a) the proposed taking and use of the native biological material-- 21
(i) is for biodiscovery only; and 22
(ii) conforms with the compliance code and any applicable 23
collection protocols, to the extent the code and protocols are 24
consistent with the conditions the chief executive proposes 25
imposing under subsection (1)(a); 26
(b) other matters prescribed under a regulation for achieving the 27
purposes of this Act. 28
(3) Subsection (2) does not limit the matters to which the chief executive 29
may have regard in deciding the application. 30
5 See section 17 for other conditions of the collection authority.
s 15 16 s 17
Biodiscovery Bill 2004
(4) The chief executive may refuse the application even if a benefit 1
sharing agreement or approved biodiscovery plan is in force concerning the 2
material the subject of the application. 3
15 Steps to be taken after application decided 4
(1) If the EPA chief executive decides to grant the application, the chief 5
executive must, as soon as practicable after making the decision, issue a 6
collection authority to the applicant. 7
(2) If the chief executive decides to grant the application with 8
conditions, or to refuse the application, the chief executive must as soon as 9
practicable after making the decision-- 10
(a) give the applicant an information notice about the decision; and 11
(b) for a refusal to grant the application--refund the registration fee 12
paid by the applicant. 13
16 Term of collection authority 14
(1) A collection authority is given for the term stated in the authority. 15
(2) The term must not be more than 3 years. 16
(3) The authority expires at the end of the term. 17
(4) Despite subsections (1) and (3), the authority lapses 1 year after it is 18
issued if a benefit sharing agreement concerning the native biological 19
material the subject of the authority is not entered into within the 1 year 20
period. 21
17 Conditions of collection authority 22
(1) It is a condition of a collection authority that the holder, or a person 23
acting for the holder, must not take native biological material under the 24
authority unless a benefit sharing agreement concerning the material is in 25
force. 26
(2) To the extent the provisions of the compliance code or a collection 27
protocol are applicable to the activities carried out under a collection 28
authority, the provisions are conditions of the authority. 29
(3) The conditions imposed by the chief executive under section 14(1)(a) 30
(the "section 14 conditions") are conditions of the authority. 31
s 18 17 s 19
Biodiscovery Bill 2004
(4) If there is an inconsistency between a condition mentioned in 1
subsection (2) and a section 14 condition, the section 14 condition prevails 2
to the extent of the inconsistency. 3
18 Collection authority 4
A collection authority must be in the approved form and state each of the 5
following-- 6
(a) its number; 7
(b) its issue date; 8
(c) its expiry date; 9
(d) the section 14 conditions for the authority; 10
(e) the holder's name and, if the holder is not an individual, the 11
holder's ACN or ABN; 12
(f) the holder's place of business; 13
(g) the type of native biological material that may be taken; 14
(h) the material's scientific classification, to the extent known by the 15
applicant; 16
(i) the area from which the material may be taken. 17
19 Failure to decide application 18
(1) The EPA chief executive is taken to have decided to refuse an 19
application if the chief executive-- 20
(a) under section 13, required the applicant to give the chief 21
executive further information or a document; and 22
(b) fails to decide the application within 40 business days after 23
receiving the information or document. 24
(2) If subsection (1) does not apply, the chief executive is taken to have 25
decided to refuse an application if the chief executive fails to decide the 26
application within 40 business days after receiving it. 27
(3) As soon as practicable after the chief executive is taken to have made 28
the decision, the chief executive must refund the registration fee paid by 29
the applicant. 30
s 20 18 s 21
Biodiscovery Bill 2004
Division 3--Amending, suspending, cancelling or surrendering 1
collection authority 2
20 Amending, suspending or cancelling collection authority 3
(1) The EPA chief executive may amend, suspend or cancel a collection 4
authority if-- 5
(a) the chief executive reasonably believes-- 6
(i) the authority was obtained because of incorrect or 7
misleading information; or 8
(ii) the holder has contravened section 32 or a condition of the 9
authority; or 10
(iii) the amendment, suspension or cancellation is necessary 11
because of an emergency, including for example, a bushfire 12
or other natural disaster; or 13
(b) the holder is convicted of an offence against this Act. 14
(2) Also, the chief executive may amend the authority-- 15
(a) if section 24 or 25 applies to the authority; or 16
(b) at the holder's request, if the chief executive is satisfied it is 17
appropriate to make the amendment. 18
(3) Despite any other Act or law, no compensation is payable by the 19
State to any person because of the operation of subsection (1) or (2). 20
21 Procedure for amendment, suspension or cancellation 21
(1) The EPA chief executive may take action (the "proposed action") 22
under section 20(1) or (2)(a), by giving the holder of the collection 23
authority a written notice stating each of the following-- 24
(a) the proposed action; 25
(b) the ground for the proposed action; 26
(c) an outline of the facts and circumstances forming the basis for 27
the ground; 28
(d) if the proposed action is amendment of the authority--the 29
proposed amendment; 30
s 22 19 s 22
Biodiscovery Bill 2004
(e) if the proposed action is suspension of the authority--the 1
proposed suspension period; 2
(f) an invitation to make written submissions, within a stated period 3
of at least 20 business days, about why the proposed action 4
should not be taken. 5
(2) If, after considering any written submissions made within the stated 6
period, the chief executive still considers the ground to take the proposed 7
action exists, the chief executive may decide-- 8
(a) if the proposed action was to amend the authority--to amend it 9
in the way stated in the notice; or 10
(b) if the proposed action was to suspend the authority for a stated 11
period--to suspend it for not longer than the proposed 12
suspension period; or 13
(c) if the proposed action was to cancel the authority--either to 14
cancel it or to suspend it for a period. 15
(3) The chief executive must inform the holder of the decision by written 16
notice. 17
(4) If the chief executive decides to amend, suspend or cancel the 18
authority, the notice must be an information notice. 19
(5) A decision to amend, suspend or cancel the authority takes effect on 20
the later of-- 21
(a) the day the information notice is given to the holder; or 22
(b) the day of effect stated in the information notice. 23
(6) The effect of an amendment does not depend on the amendment 24
being noted on the authority. 25
22 Returning collection authority on cancellation 26
If the EPA chief executive cancels a collection authority, the holder 27
must, within 10 business days after receiving an information notice about 28
the cancellation, return the authority to the chief executive, unless the 29
holder has a reasonable excuse. 30
Maximum penalty--20 penalty units. 31
s 23 20 s 25
Biodiscovery Bill 2004
23 Surrendering collection authority 1
The holder of a collection authority may surrender the authority by 2
returning it and giving written notice of surrender to the EPA chief 3
executive. 4
Division 4--Effect of particular statutory changes on collection authority 5
24 Collection authority concerning land dedicated as new national 6
park or declared as marine park 7
(1) This section applies if-- 8
(a) land is dedicated under the Nature Conservation Act 1992 as a 9
national park (scientific), national park or national park 10
(recovery), within the meaning of that Act; and 11
(b) immediately before the dedication, a person held a collection 12
authority that is inconsistent with the management principles 13
established by that Act for the park. 14
(2) This section also applies if-- 15
(a) land or water is declared under the Marine Parks Act 1982 as a 16
marine park or the zoning of a marine park is changed; and 17
(b) immediately before the declaration or zoning change, a person 18
held a collection authority that is inconsistent with that Act. 19
(3) On and from the dedication, declaration or zoning change, the 20
collection authority continues, subject to this Act, for the period of its term 21
that is unexpired. 22
25 Collection authority concerning wildlife 23
(1) This section applies if-- 24
(a) the classification prescribed under the Nature Conservation 25
Act 1992 for particular wildlife, within the meaning of that Act, 26
is changed to a higher level; and 27
(b) immediately before the change, a person held a collection 28
authority authorising the taking of the wildlife. 29
(2) On and from the change, the collection authority continues, subject 30
to this Act, for the period of its term that is unexpired. 31
s 26 21 s 28
Biodiscovery Bill 2004
Division 5--Miscellaneous 1
26 Replacement collection authority 2
(1) The holder of a collection authority may apply to the EPA chief 3
executive for a replacement authority. 4
(2) The application must be-- 5
(a) made in the approved form; and 6
(b) accompanied by the fee prescribed under a regulation. 7
27 Collection authority register 8
(1) The EPA chief executive must keep a register of collection 9
authorities. 10
(2) The register may be kept in the way the chief executive considers 11
appropriate, including, for example, in an electronic form. 12
(3) The publicly available part of the register must contain, for each 13
authority, only the following particulars-- 14
(a) the person to whom the authority was issued; 15
(b) the date the authority was issued; 16
(c) the term of the authority. 17
(4) The register, other than its publicly available part, must include, for 18
each authority-- 19
(a) an appropriate description of the land or waters the authority 20
concerns; and 21
22
Example--
23
the real property description or geographic coordinates of the land or
24
waters
(b) any section 14 conditions for the authority. 25
28 Public access to collection authority register 26
(1) A person may-- 27
s 29 22 s 29
Biodiscovery Bill 2004
(a) free of charge, inspect the details contained in the publicly 1
available part of the collection authority register at the 2
department's head office6 during normal business hours; and 3
(b) on payment of any fee decided by the EPA chief executive, 4
obtain a copy of the details from the chief executive. 5
(2) The fee decided by the chief executive must not be more than the 6
reasonable cost of producing the copy. 7
(3) The chief executive may publish details contained in the publicly 8
available part of the register at the times and in the way decided by the 9
chief executive. 10
PART 4--OTHER MATTERS ABOUT COLLECTION 11
AUTHORITIES 12
Division 1--Identifying native biological material and giving samples of 13
material to State 14
29 Identifying native biological material 15
(1) The holder of a collection authority must, as soon as practicable after 16
taking native biological material for biodiscovery under the authority-- 17
(a) label the material in an appropriate way, complying with 18
subsection (2); and 19
20
Example of appropriate way--
21
bar coding
(b) keep the material labelled as required by subsection (2) while the 22
material is held by or for the holder. 23
Maximum penalty for subsection (1)--50 penalty units. 24
(2) The label must provide the following information-- 25
(a) the number, or other identification, of the authority under which 26
the material was taken; 27
6 The department's head office is at 160 Ann Street, Brisbane.
s 30 23 s 30
Biodiscovery Bill 2004
(b) the date on which it was taken; 1
(c) the material's scientific classification, to the extent known by the 2
holder; 3
(d) the geographic location from which the material was taken, 4
including, for example, by reference to geographic coordinates. 5
(3) The holder of the authority must ensure any sample of, or substance 6
sourced from, the material and held by or for the holder is sufficiently 7
identified to enable its source to be tracked. 8
Maximum penalty for subsection (3)--50 penalty units. 9
30 Giving samples of material to State 10
(1) The holder of a collection authority must, as soon as practicable after 11
taking native biological material for biodiscovery under the authority, give 12
a sample of the material, complying with subsection (3), to the following-- 13
(a) for animal material--the Queensland Museum (the "receiving 14
entity"); 15
(b) for plant material or fungi--the Queensland Herbarium (also the 16
"receiving entity"); 17
(c) for another organism--an entity (also the "receiving entity") 18
stated in the benefit sharing agreement concerning the material. 19
Maximum penalty--50 penalty units. 20
(2) However, subsection (1) does not apply if the sample is held by the 21
holder for the State under an agreement between the holder and the State. 22
(3) The sample must be-- 23
(a) of a sufficient size and quality to enable scientific classification 24
of the material; and 25
(b) fixed and preserved in a way approved by the receiving entity; 26
and 27
(c) labelled in an appropriate way, including, for example, by bar 28
coding, stating-- 29
(i) the number, or other identification, of the authority under 30
which the material was taken; and 31
(ii) the date on which it was taken; and 32
s 31 24 s 32
Biodiscovery Bill 2004
(iii) if the holder is reasonably able to classify the material by 1
using current scientific nomenclature--its classification to 2
the lowest taxonomic level reasonably possible; and 3
(iv) the geographic location from which the material was taken, 4
including, for example, by reference to geographic 5
coordinates. 6
(4) If the sample is not labelled as required by subsection (3)(c)(iii), the 7
receiving entity may-- 8
(a) classify the material to the lowest possible taxonomic level; and 9
(b) recover from the holder, as a debt, the costs reasonably incurred 10
by the entity in carrying out the classification. 11
31 Restriction on receiving entity's use of samples 12
(1) A receiving entity must not use, for biodiscovery, a sample of 13
material given to it by the holder of a collection authority under section 30. 14
(2) Subsection (1) does not apply to biodiscovery-- 15
(a) involving only the classification of the material under 16
section 30(4); or 17
(b) carried out with the holder's consent. 18
Division 2--Material disposal report 19
32 Giving material disposal report to DSDI chief executive 20
(1) The holder of a collection authority must give to the DSDI chief 21
executive, within 15 business days after each 30 June and 31 December, a 22
material disposal report about all native biological material-- 23
(a) taken under the authority; and 24
(b) given to someone else, whether or not for gain; and 25
(c) for which the holder has not previously given a material disposal 26
report to the chief executive. 27
Maximum penalty--100 penalty units. 28
(2) Subsection (1) does not apply if the holder has a reasonable excuse 29
for not giving the report as required under the subsection. 30
s 33 25 s 34
Biodiscovery Bill 2004
PART 5--BENEFIT SHARING AGREEMENTS 1
Division 1--Entering into agreement 2
33 Power to enter into agreement 3
(1) The DSDI Minister may, for the State, enter into an agreement 4
(a "benefit sharing agreement") with a biodiscovery entity under 5
which-- 6
(a) the State gives the entity the right to use native biological 7
material for biodiscovery; and 8
(b) the entity agrees to provide benefits of biodiscovery to the State. 9
(2) The Minister must not enter into a benefit sharing agreement with a 10
biodiscovery entity unless the entity has an approved biodiscovery plan. 11
(3) The parties to a benefit sharing agreement may, at any time, amend 12
the agreement. 13
(4) The Minister may delegate the Minister's powers under this section 14
to the DSDI chief executive. 15
34 Content of agreement 16
(1) A benefit sharing agreement must be consistent with this Act. 17
(2) The agreement must state each of the following-- 18
(a) the date the agreement is entered into; 19
(b) the agreement's term; 20
(c) the benefits of biodiscovery to be provided by the biodiscovery 21
entity to the State; 22
(d) when the benefits are to be provided; 23
(e) if the benefits include the payment of amounts of money to the 24
State--the amounts, or a way of working out the amounts; 25
(f) if native biological material, the subject of the agreement, is to be 26
taken under a collection authority--the number, or other 27
identification, of each authority under which the material is to be 28
taken; 29
s 35 26 s 36
Biodiscovery Bill 2004
(g) what matters are reportable matters for the agreement; 1
(h) the biodiscovery entity's place of business. 2
(3) The agreement must also include any conditions, other than the 3
conditions mentioned in section 35(1) and (2), of the agreement. 4
35 Conditions of agreement 5
(1) It is a condition of a benefit sharing agreement that the only 6
commercialisation activities the biodiscovery entity, with whom the 7
agreement is made, may carry out are the activities detailed in the entity's 8
current approved biodiscovery plan.7 9
(2) It is also a condition of the agreement that the entity must not allow 10
someone else to use any of the native biological material the subject of the 11
agreement for biodiscovery, unless the other person is-- 12
(a) acting for the entity; or 13
(b) a person mentioned in section 54(2)(a), (b) or (c) or (3); or 14
(c) a party to a benefit sharing agreement concerning the material. 15
(3) Subsections (1) and (2) do not limit any other conditions that may be 16
included in the agreement under section 34(2). 17
Division 2--Approval of biodiscovery plans 18
36 Application for approval of plan 19
(1) A biodiscovery entity may apply to the DSDI chief executive for 20
approval of a biodiscovery plan. 21
(2) The application must be made in the approved form. 22
(3) The approved form must provide for inclusion of the details 23
mentioned in section 37. 24
7 For agreements entered into before the commencement of this section, see
section 124(3).
s 37 27 s 38
Biodiscovery Bill 2004
37 Content of plan 1
A biodiscovery entity's biodiscovery plan must include details of each of 2
the following-- 3
(a) the commercialisation activities the entity proposes carrying out; 4
(b) a proposed timetable for carrying out the activities; 5
(c) the parts of any of the activities the entity proposes carrying out 6
outside the State; 7
(d) the types of any of the activities the entity proposes engaging 8
someone else to carry out for the entity; 9
(e) the benefits of biodiscovery the entity reasonably considers it 10
will provide to the State under a benefit sharing agreement; 11
(f) if the entity is not prohibited from disclosing the details under 12
another law or contract--any grants or other financial assistance 13
given, or to be given, to the entity for the activities; 14
(g) other details prescribed under a regulation. 15
38 Chief executive's powers before deciding application 16
(1) Before deciding the application, the DSDI chief executive may, by 17
written notice given to the applicant, ask for any further information or 18
document the chief executive reasonably requires to decide the application. 19
(2) The notice must-- 20
(a) be given to the applicant within 20 business days after the chief 21
executive receives the application; and 22
(b) state a reasonable period of at least 20 business days after it is 23
given (the "stated period") within which the information or 24
document must be given. 25
(3) The chief executive may require the information or document to be 26
verified by a statutory declaration. 27
(4) The applicant is taken to have withdrawn the application if the 28
applicant does not comply with the requirement within the stated period. 29
s 39 28 s 41
Biodiscovery Bill 2004
39 Deciding application 1
(1) The DSDI chief executive must consider the application and 2
decide-- 3
(a) to approve the biodiscovery plan, with or without conditions; or 4
(b) to refuse to approve the plan. 5
(2) However, the chief executive may approve the plan only if the chief 6
executive is satisfied with the proposed level of benefits of biodiscovery the 7
State will receive under a benefit sharing agreement with the applicant. 8
40 Steps to be taken after application decided 9
(1) If the DSDI chief executive decides to approve the biodiscovery plan, 10
the chief executive must, as soon as practicable after making the decision, 11
give the applicant written notice of the approval. 12
(2) If the chief executive decides to impose conditions on the approval, 13
the notice must include an information notice about the decision. 14
(3) If the chief executive decides to refuse to approve the plan, the chief 15
executive must, as soon as practicable after making the decision, give the 16
applicant an information notice about the decision. 17
(4) If the chief executive does not give the applicant a notice as required 18
under subsection (1) or (3) within 20 business days after receiving the 19
application, the chief executive is taken to have approved the plan. 20
(5) In this section-- 21
"information notice", about a decision, means a written notice stating 22
each of the following-- 23
(a) the decision; 24
(b) the reasons for the decision; 25
(c) that the biodiscovery entity may ask the DSDI Minister to review 26
the decision. 27
41 Amendment of approved plan 28
(1) If a biodiscovery entity wants to amend its approved biodiscovery 29
plan, the entity must apply, in the approved form, to the DSDI chief 30
executive for approval of the amended plan. 31
s 42 29 s 43
Biodiscovery Bill 2004
(2) Sections 37 to 40 apply to the application as if it were an application 1
for approval of the existing plan as amended by the proposed amendment. 2
Division 3--Register and other records about benefit sharing agreements 3
42 Benefit sharing agreement register 4
(1) The DSDI chief executive must keep a register of benefit sharing 5
agreements. 6
(2) The register may be kept in the way the chief executive considers 7
appropriate, including, for example, in an electronic form. 8
(3) The register must contain, for each agreement, only the following 9
particulars about the agreement-- 10
(a) the name of the biodiscovery entity with whom it was entered 11
into; 12
(b) the date it was entered into; 13
(c) its term; 14
(d) other particulars both the DSDI Minister and the entity agree, in 15
writing, may be disclosed to the public under subsection (4). 16
(4) The chief executive may publish details contained in the register at 17
the times and in the way decided by the chief executive. 18
43 Records to be kept by biodiscovery entity 19
(1) A biodiscovery entity that has entered into a benefit sharing 20
agreement must keep each record or document evidencing the results of 21
biodiscovery research carried out under the agreement for 30 years after the 22
record or document is created. 23
Maximum penalty--50 penalty units. 24
(2) The entity must also keep each record or account necessary for 25
working out amounts of money payable by the entity to the State under the 26
agreement for 30 years after the record or account is created. 27
Maximum penalty--50 penalty units. 28
(3) In this section-- 29
s 44 30 s 45
Biodiscovery Bill 2004
"biodiscovery entity", that has entered into a benefit sharing agreement, 1
includes the entity's successors and assigns. 2
PART 6--COMPLIANCE CODE AND COLLECTION 3
PROTOCOLS 4
44 Establishing compliance code 5
(1) The EPA chief executive may establish a written code 6
(the "compliance code") for taking native biological material under a 7
collection authority. 8
(2) Without limiting subsection (1), the code may provide for all or any 9
of the following-- 10
(a) minimum standards for taking the material to ensure the 11
sustainability of State native biological resources; 12
(b) appropriate measures for minimising the impact of taking the 13
material; 14
(c) regulating activities engaged in for taking the material. 15
16
Example for paragraph (c)--
17
the use of motor vehicles, boats or hovercraft, on or in State land or Queensland
18
waters from which the material is taken
(3) The code is a statutory instrument within the meaning of the 19
Statutory Instruments Act 1992, but is not subordinate legislation. 20
(4) However, the Statutory Instruments Act 1992, sections 49 to 518 21
apply to the code as if it were subordinate legislation. 22
45 Establishing collection protocols 23
(1) The EPA chief executive may establish written protocols ("collection 24
protocols") for all or any of the following concerning the taking of native 25
biological material under a collection authority-- 26
(a) taking particular native biological material; 27
8 These provisions deal with the tabling in, and disallowance by, the Legislative
Assembly of subordinate legislation.
s 46 31 s 47
Biodiscovery Bill 2004
(b) taking native biological material from a particular area; 1
(c) using a particular collection technique. 2
(2) Without limiting subsection (1)(b), a collection protocol may provide 3
for appropriate ways of taking the material to ensure the sustainability of 4
native biological material in the area. 5
(3) A collection protocol is a statutory instrument within the meaning of 6
the Statutory Instruments Act 1992, but is not subordinate legislation. 7
(4) However, the Statutory Instruments Act 1992, sections 49 to 51 apply 8
to the protocol as if it were subordinate legislation. 9
46 Consultation for compliance code and collection protocols 10
(1) Before establishing or amending the compliance code or a collection 11
protocol, the EPA chief executive must consult with, and have regard to the 12
views of-- 13
(a) if the code or protocol concerns the wet tropics area--the Wet 14
Tropics Management Authority; or 15
(b) if the code or protocol concerns land or waters contiguous with 16
the Great Barrier Reef Region--the Great Barrier Reef Marine 17
Park Authority. 18
(2) This section does not limit the entities the chief executive may 19
consult with or obtain advice from in establishing or amending the code or 20
protocol. 21
47 Public notice of establishment of compliance code and collection 22
protocols 23
As soon as possible after establishing or amending the compliance code 24
or a collection protocol, the EPA chief executive must publish a notice in 25
the gazette stating that-- 26
(a) the code or protocol has been established or amended, as the case 27
may be; and 28
(b) copies of the code or protocol, or amendment, are available-- 29
(i) during normal business hours at the department's head 30
office and each regional office of the department; and 31
(ii) on the department's stated web site on the Internet. 32
s 48 32 s 49
Biodiscovery Bill 2004
48 When compliance code and collection protocols have effect 1
(1) The compliance code, or an amendment of it, has effect on and 2
from-- 3
(a) the day the notice about the code or amendment is published 4
under section 47; or 5
(b) a later day stated in the notice. 6
(2) A collection protocol, or an amendment of it, has effect on and 7
from-- 8
(a) the day the notice about the protocol or amendment is published 9
under section 47; or 10
(b) a later day stated in the notice. 11
49 Access to compliance code and collection protocols 12
(1) The EPA chief executive must keep a copy of the compliance code 13
and each collection protocol, and each document applied, adopted or 14
incorporated by the code or protocol, available for inspection, without 15
charge-- 16
(a) during normal business hours at the department's head office9 17
and each regional office of the department; and 18
(b) on the department's web site on the Internet.10 19
(2) On payment of the fee decided by the chief executive, a person may 20
obtain a copy of the code or a protocol from the chief executive. 21
(3) The fee decided by the chief executive must not be more than the 22
reasonable cost of producing the copy. 23
9 The department's head office is at 160 Ann Street, Brisbane.
10 The department's web site on the Internet is .
s 50 33 s 52
Biodiscovery Bill 2004
PART 7--OFFENCES 1
Division 1--Offences about collection authorities and biodiscovery plans 2
50 Offence to take without a collection authority 3
(1) A person must not, unless authorised by a collection authority, take 4
native biological material for biodiscovery from State land or Queensland 5
waters. 6
Maximum penalty-- 7
(a) for NCA material--3 000 penalty units or 2 years imprisonment; 8
or 9
(b) otherwise--2 000 penalty units. 10
(2) In this section-- 11
"NCA material" means-- 12
(a) native biological material that is, or is sourced from, endangered, 13
rare or vulnerable wildlife, or a protected animal, within the 14
meaning of the Nature Conservation Act 1992; or 15
(b) native wildlife mentioned in section 9711 of that Act. 16
51 Contravening a condition of a collection authority 17
A person must not contravene a condition of a collection authority, 18
unless the person has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
52 False or misleading information given by applicant 21
(1) A person, in making an application for a collection authority, must 22
not state anything to the EPA chief executive that the person knows is false 23
or misleading in a material particular. 24
Maximum penalty--100 penalty units. 25
11 Nature Conservation Act 1992, section 97 (Restriction on taking etc. of native
wildlife in areas of major interest and critical habitats)
s 53 34 s 54
Biodiscovery Bill 2004
(2) A person, in making an application for approval of a biodiscovery 1
plan, must not state anything to the DSDI chief executive that the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--100 penalty units. 4
53 False or misleading documents given by applicant 5
(1) A person, in making an application for a collection authority, must 6
not give the EPA chief executive a document containing information the 7
person knows is false or misleading in a material particular. 8
Maximum penalty--100 penalty units. 9
(2) A person, in making an application for approval of a biodiscovery 10
plan, must not give the DSDI chief executive a document containing 11
information the person knows is false or misleading in a material 12
particular. 13
Maximum penalty--100 penalty units. 14
(3) Subsection (1) or (2) does not apply to a person who, when giving 15
the document-- 16
(a) informs the chief executive, to the best of the person's ability, 17
how it is false or misleading; and 18
(b) gives the correct information to the chief executive if the person 19
has, or can reasonably obtain, the correct information. 20
Division 2--Offences about benefit sharing agreements 21
54 Using native biological material for biodiscovery without a benefit 22
sharing agreement 23
(1) A person must not, unless the person is a party to a benefit sharing 24
agreement, use native biological material for biodiscovery, if the material 25
was taken from-- 26
(a) State land or Queensland waters; or 27
(b) a State collection, if the material was taken or sourced from State 28
land or Queensland waters. 29
Maximum penalty--the amount equal to the greater of the following-- 30
(a) 5 000 penalty units; 31
s 55 35 s 56
Biodiscovery Bill 2004
(b) the full commercial value of any commercialisation of the 1
material. 2
(2) However, subsection (1) does not apply to a person who uses the 3
material for carrying out only 1 or more of the following activities-- 4
(a) classifying the material scientifically; 5
(b) verifying research results concerning the material; 6
(c) biodiscovery to which a benefit sharing agreement concerning 7
the material applies, carried out for a person who is a party to the 8
agreement. 9
(3) Also, subsection (1) does not apply to the use by an educational 10
institution, or a person at the institution, for educational or training 11
activities not involving commercialisation of the material. 12
(4) In this section-- 13
"educational institution" means-- 14
(a) a school, college, university or university college; or 15
(b) a TAFE institute or a registered training organisation as defined 16
under the Vocational Education, Training and Employment Act 17
2000. 18
55 Contravening a condition of a benefit sharing agreement 19
A biodiscovery entity must not contravene a condition of a benefit 20
sharing agreement imposed under section 35(1) or (2). 21
Maximum penalty--100 penalty units. 22
56 False or misleading information given by person seeking benefit 23
sharing agreement 24
A person, in seeking a benefit sharing agreement, must not state 25
anything to the DSDI Minister that the person knows is false or misleading 26
in a material particular. 27
Maximum penalty--100 penalty units. 28
s 57 36 s 60
Biodiscovery Bill 2004
57 False or misleading documents given by person seeking benefit 1
sharing agreement 2
(1) A person, in seeking a benefit sharing agreement, must not give the 3
DSDI Minister a document containing information the person knows is 4
false or misleading in a material particular. 5
Maximum penalty--100 penalty units. 6
(2) Subsection (1) does not apply to a person who, when giving the 7
document-- 8
(a) informs the Minister, to the best of the person's ability, how it is 9
false or misleading; and 10
(b) gives the correct information to the Minister if the person has, or 11
can reasonably obtain, the correct information. 12
58 False or misleading information about reportable matters 13
A person must not state anything about a reportable matter to the 14
DSDI Minister that the person knows is false or misleading in a material 15
particular. 16
Maximum penalty--100 penalty units. 17
Division 3--Other offence provisions 18
59 Claims by persons about holding a collection authority 19
A person who is not the holder of a collection authority must not claim 20
to hold, or hold himself or herself out as holding, the authority. 21
Maximum penalty--100 penalty units. 22
60 Collection authority to be available for immediate inspection 23
The holder, or a person acting for the holder, of a collection authority 24
must have a copy of the authority available for immediate inspection under 25
part 8 while the holder or other person is taking native biological material 26
under it. 27
Maximum penalty--20 penalty units. 28
s 61 37 s 63
Biodiscovery Bill 2004
PART 8--MONITORING AND ENFORCEMENT 1
Division 1--Inspectors 2
61 Appointment and qualifications 3
(1) The EPA chief executive or the DSDI chief executive (each the 4
"appointing chief executive") may appoint any of the following persons 5
as an inspector-- 6
(a) a public service employee; 7
(b) a local government employee; 8
(c) a person holding an appropriate accreditation by the National 9
Association of Testing Authorities, Australia 10
ABN 59 004 379 748; 11
(d) another person prescribed under a regulation. 12
(2) However, the appointing chief executive may appoint a person as an 13
inspector only if the chief executive is satisfied the person is qualified for 14
appointment because the person has the necessary expertise or experience. 15
62 Appointment conditions and limit on powers 16
(1) An inspector holds office on any conditions stated in-- 17
(a) the inspector's instrument of appointment; or 18
(b) a signed notice given to the inspector; or 19
(c) a regulation. 20
(2) The instrument of appointment, a signed notice given to the inspector 21
or a regulation may limit the inspector's powers under this Act. 22
(3) In this section-- 23
"signed notice" means a notice signed by the appointing chief executive. 24
63 Issue of identity card 25
(1) The appointing chief executive must issue an identity card to each 26
inspector the chief executive appoints. 27
(2) The identity card must-- 28
s 64 38 s 65
Biodiscovery Bill 2004
(a) contain a recent photo of the inspector; and 1
(b) contain a copy of the inspector's signature; and 2
(c) identify the person as an inspector under this Act; and 3
(d) state an expiry date for the card. 4
(3) This section does not prevent the issue of a single identity card to a 5
person for this Act and other purposes. 6
64 Production or display of identity card 7
(1) In exercising a power under this Act in relation to a person, an 8
inspector must-- 9
(a) produce the inspector's identity card for the person's 10
inspection before exercising the power; or 11
(b) have the identity card displayed so it is clearly visible to the 12
person when exercising the power. 13
(2) However, if it is not practicable to comply with subsection (1), the 14
inspector must produce the identity card for the person's inspection at the 15
first reasonable opportunity. 16
(3) For subsection (1), an inspector does not exercise a power in relation 17
to a person only because the inspector has entered a place as mentioned in 18
section 68(1)(b) or (2). 19
65 When inspector ceases to hold office 20
(1) An inspector ceases to hold office if any of the following happens-- 21
(a) the term of office stated in a condition of office ends; 22
(b) under another condition of office, the inspector ceases to hold 23
office; 24
(c) the inspector's resignation under section 66 takes effect. 25
(2) Subsection (1) does not limit the ways an inspector may cease to hold 26
office. 27
(3) In this section-- 28
"condition of office" means a condition on which the inspector holds 29
office. 30
s 66 39 s 68
Biodiscovery Bill 2004
66 Resignation 1
An inspector may resign by signed notice given to the appointing chief 2
executive. 3
67 Return of identity card 4
A person who ceases to be an inspector must return the person's identity 5
card to the appointing chief executive within 21 days after ceasing to be an 6
inspector unless the person has a reasonable excuse. 7
Maximum penalty--20 penalty units. 8
Division 2--Powers of inspectors 9
Subdivision 1--Entry of places 10
68 Power to enter places 11
(1) Subject to section 74(2), an inspector may enter a place if-- 12
(a) its occupier consents to the entry; or 13
(b) it is a public place and the entry is made when it is open to the 14
public; or 15
(c) the entry is authorised by a warrant; or 16
(d) it is a person's place of business stated in the person's collection 17
authority and is-- 18
(i) open for carrying on the business; or 19
(ii) otherwise open for entry; or 20
(iii) required to be open for inspection under the authority; or 21
(e) it is a biodiscovery entity's place of business stated in a benefit 22
sharing agreement to which the entity is a party and is-- 23
(i) open for carrying on the business; or 24
(ii) otherwise open for entry; or 25
(iii) required to be open for inspection under the agreement. 26
s 69 40 s 69
Biodiscovery Bill 2004
(2) For the purpose of asking the occupier of a place for consent to enter, 1
an inspector may, without the occupier's consent or a warrant-- 2
(a) enter land around premises at the place to an extent that is 3
reasonable to contact the occupier; or 4
(b) enter part of the place the inspector reasonably considers 5
members of the public ordinarily are allowed to enter when they 6
wish to contact the occupier. 7
(3) For subsection (1)(d), a place of business does not include a part of 8
the place where a person resides. 9
Subdivision 2--Procedure for entry 10
69 Entry with consent 11
(1) This section applies if an inspector intends to ask an occupier of a 12
place to consent to the inspector or another inspector entering the place 13
under section 68(1)(a). 14
(2) Before asking for the consent, the inspector must tell the occupier-- 15
(a) the purpose of the entry; and 16
(b) that the occupier is not required to consent. 17
(3) If the consent is given, the inspector may ask the occupier to sign an 18
acknowledgment of the consent. 19
(4) The acknowledgment must state-- 20
(a) the occupier has been told-- 21
(i) the purpose of the entry; and 22
(ii) that the occupier is not required to consent; and 23
(b) the purpose of the entry; and 24
(c) the occupier gives the inspector consent to enter the place and 25
exercise powers under this division; and 26
(d) the time and date the consent was given. 27
(5) If the occupier signs the acknowledgment, the inspector must 28
immediately give a copy to the occupier. 29
s 70 41 s 71
Biodiscovery Bill 2004
(6) If-- 1
(a) an issue arises in a proceeding about whether the occupier 2
consented to the entry; and 3
(b) an acknowledgment complying with subsection (4) for the entry 4
is not produced in evidence; 5
the onus of proof is on the person relying on the lawfulness of the entry to 6
prove the occupier consented. 7
70 Application for warrant 8
(1) An inspector may apply to a magistrate for a warrant for a place. 9
(2) The application must be sworn and state the grounds on which the 10
warrant is sought. 11
(3) The magistrate may refuse to consider the application until the 12
inspector gives the magistrate all the information the magistrate requires 13
about the application in the way the magistrate requires. 14
15
Example--
16
the magistrate may require additional information supporting the application to be given by
17
statutory declaration
71 Issue of warrant 18
(1) The magistrate may issue a warrant only if the magistrate is satisfied 19
there are reasonable grounds for suspecting-- 20
(a) there is a particular thing or activity (the "evidence") that may 21
provide evidence of an offence against this Act; and 22
(b) the evidence is at the place, or, within the next 7 days, may be at 23
the place. 24
(2) The warrant must state-- 25
(a) that a stated inspector may, with necessary and reasonable help 26
and force-- 27
(i) enter the place and any other place necessary for entry; and 28
(ii) exercise the inspector's powers under this division; and 29
(b) the offence for which the warrant is sought; and 30
(c) the evidence that may be seized under the warrant; and 31
s 72 42 s 72
Biodiscovery Bill 2004
(d) the hours of the day or night when the place may be entered; and 1
(e) the date, within 14 days after the warrant's issue, the warrant 2
ends. 3
72 Special warrants 4
(1) An inspector may apply for a warrant (a "special warrant") by 5
phone, fax, radio or another form of communication if the inspector 6
considers it necessary because of-- 7
(a) urgent circumstances; or 8
(b) other special circumstances, including, for example, the 9
inspector's remote location. 10
(2) Before applying for the special warrant, the inspector must prepare 11
an application stating the grounds on which the warrant is sought. 12
(3) The inspector may apply for the special warrant before the 13
application is sworn. 14
(4) After issuing the special warrant, the magistrate must immediately 15
fax a copy (a "facsimile warrant") to the inspector if it is reasonably 16
practicable to fax the copy. 17
(5) If it is not reasonably practicable to fax a copy to the inspector-- 18
(a) the magistrate must tell the inspector-- 19
(i) what the terms of the special warrant are; and 20
(ii) the date and time the special warrant was issued; and 21
(b) the inspector must complete a form of warrant (a "warrant 22
form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the special warrant; 25
and 26
(iii) the terms of the special warrant. 27
(6) The facsimile warrant, or the warrant form properly completed by the 28
inspector, authorises the entry and the exercise of the other powers stated in 29
the special warrant issued. 30
(7) The inspector must, at the first reasonable opportunity, send to the 31
magistrate-- 32
s 73 43 s 73
Biodiscovery Bill 2004
(a) the sworn application; and 1
(b) if the inspector completed a warrant form--the completed 2
warrant form. 3
(8) On receiving the documents, the magistrate must attach them to the 4
special warrant. 5
(9) If-- 6
(a) an issue arises in a proceeding about whether an exercise of a 7
power was authorised by a special warrant; and 8
(b) the warrant is not produced in evidence; 9
the onus of proof is on the person relying on the lawfulness of the exercise 10
of the power to prove a special warrant authorised the exercise of the 11
power. 12
73 Warrants--procedure before entry 13
(1) This section applies if an inspector named in a warrant issued under 14
this division for a place is intending to enter the place under the warrant. 15
(2) Before entering the place, the inspector must do or make a reasonable 16
attempt to do the following things-- 17
(a) identify himself or herself to a person present at the place who is 18
an occupier of the place by producing a copy of the inspector's 19
identity card or other document evidencing the inspector's 20
appointment; 21
(b) give the person a copy of the warrant or if the entry is authorised 22
by a facsimile warrant or warrant form mentioned in 23
section 72(6), a copy of the facsimile warrant or warrant form; 24
(c) tell the person the inspector is permitted by the warrant to enter 25
the place; 26
(d) give the person an opportunity to allow the inspector immediate 27
entry to the place without using force. 28
(3) However, the inspector need not comply with subsection (2) if the 29
inspector believes on reasonable grounds that immediate entry to the place 30
is required to ensure the effective execution of the warrant is not frustrated. 31
s 74 44 s 74
Biodiscovery Bill 2004
Subdivision 3--Other powers 1
74 Power to stop and search vehicles etc. 2
(1) This section applies if an inspector suspects on reasonable grounds 3
that-- 4
(a) a vehicle, boat or aircraft is being, or has been, used in the 5
commission of an offence against this Act; or 6
(b) a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or 7
aircraft may afford evidence of the commission of an offence 8
against this Act. 9
(2) The inspector may, with necessary and reasonable help and force, 10
and without consent or a warrant-- 11
(a) enter or board the vehicle, boat or aircraft; and 12
(b) exercise the powers set out in section 75(3). 13
(3) If-- 14
(a) the vehicle or boat is moving or about to move; or 15
(b) the aircraft is moving, or about to move, on the ground; 16
the inspector may signal the driver or the person in command or control, or 17
who appears to be in command or control, of the vehicle, boat or aircraft, to 18
stop or not to move the vehicle, boat or aircraft. 19
(4) A person must not, without reasonable excuse, disobey a signal 20
under subsection (3). 21
Maximum penalty--165 penalty units. 22
(5) It is a reasonable excuse for the person to fail to stop or to move the 23
vehicle, boat or aircraft if-- 24
(a) to immediately obey the signal would have endangered, or 25
damaged the property of, the person or another person; and 26
(b) the person obeys the signal as soon as it is practicable to obey the 27
signal. 28
(6) The inspector may require the driver or the person in command or 29
control, or who appears to be in command or control, of the vehicle, boat or 30
aircraft-- 31
s 75 45 s 75
Biodiscovery Bill 2004
(a) to give the inspector reasonable help to enable the vehicle, boat 1
or aircraft to be entered or boarded under subsection (2); or 2
(b) to bring the vehicle, boat or aircraft to a specified place and 3
remain in control of the vehicle, boat or aircraft at the place for a 4
reasonable time to enable the inspector to exercise the inspector's 5
powers in relation to the vehicle, boat or aircraft. 6
(7) A person must not, without reasonable excuse, contravene a 7
requirement under subsection (6). 8
Maximum penalty--165 penalty units. 9
(8) If, while searching the vehicle, boat or aircraft, the inspector finds a 10
thing the inspector believes, on reasonable grounds, will afford evidence of 11
the commission of an offence against this Act, sections 79 to 87 apply to 12
the thing. 13
75 General powers after entering places 14
(1) This section applies to an inspector who enters a place under 15
section 68. 16
(2) However, if an inspector enters a place to get the occupier's consent 17
to enter premises, this section applies to the inspector only if the consent is 18
given or the entry is otherwise authorised. 19
(3) For monitoring and enforcing compliance with this Act, the inspector 20
may do all or any of the following-- 21
(a) search any part of the place; 22
(b) inspect, measure, test, photograph or film any part of the place or 23
anything at the place; 24
(c) take an extract from, or copy, a document at the place; 25
(d) take into or onto the place any person, equipment and materials 26
the inspector reasonably requires for exercising a power under 27
this division; 28
(e) require the occupier of the place, or a person at the place, to give 29
the inspector reasonable help to exercise the inspector's powers 30
under paragraphs (a) to (d); 31
(f) require the occupier of the place, or a person at the place, to give 32
the inspector information to help the inspector ascertain whether 33
this Act is being complied with. 34
s 76 46 s 78
Biodiscovery Bill 2004
(4) When making a requirement mentioned in subsection (3)(e) or (f), 1
the inspector must warn the person it is an offence to fail to comply with 2
the requirement, unless the person has a reasonable excuse. 3
76 Failure to help inspector 4
(1) A person required to give reasonable help under section 75(3)(e) 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--50 penalty units. 8
(2) It is a reasonable excuse for the individual not to comply with the 9
requirement that complying with the requirement might tend to incriminate 10
the individual. 11
77 Failure to give information 12
(1) A person of whom a requirement is made under section 75(3)(f) must 13
comply with the requirement, unless the person has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
(2) It is a reasonable excuse for an individual not to comply with the 16
requirement that complying with the requirement might tend to incriminate 17
the individual. 18
Subdivision 4--Power to seize evidence 19
78 Seizing evidence at place that may only be entered with consent or 20
warrant 21
(1) This section applies if-- 22
(a) an inspector is authorised to enter a place under this division only 23
with the consent of the occupier of the place or a warrant; and 24
(b) the inspector enters the place after obtaining the necessary 25
consent or warrant. 26
(2) If the inspector enters the place with the occupier's consent, the 27
inspector may seize a thing at the place if-- 28
(a) the inspector reasonably believes the thing is evidence of an 29
offence against this Act; and 30
s 79 47 s 81
Biodiscovery Bill 2004
(b) seizure of the thing is consistent with the purpose of entry as told 1
to the occupier when asking for the occupier's consent. 2
(3) If the inspector enters the place with a warrant, the inspector may 3
seize the evidence for which the warrant was issued. 4
(4) The inspector also may seize anything else at the place if the 5
inspector reasonably believes-- 6
(a) the thing is evidence of an offence against this Act; and 7
(b) the seizure is necessary to prevent the thing being hidden, lost or 8
destroyed. 9
79 Seizing evidence at other places 10
(1) This section applies if an inspector enters a public place when the 11
place is open to the public, or enters or boards a vehicle, boat or aircraft, 12
without consent or a warrant, as authorised under section 68 or 74. 13
(2) The inspector may seize a thing at the place, or on or in the vehicle, 14
boat or aircraft, if the inspector reasonably believes the thing is evidence of 15
an offence against this Act. 16
80 Securing seized things 17
Having seized a thing, an inspector may-- 18
(a) move the thing from the place where it was seized (the "place of 19
seizure"); or 20
(b) leave the thing at the place of seizure but take reasonable action 21
to restrict access to it. 22
23
Examples of restricting access to a thing--
24
· sealing the thing and marking it to show access to it is restricted
25
· sealing the entrance to a room where the seized thing is situated and
26
marking the entrance to show access to the room is restricted
81 Tampering with seized things 27
If an inspector restricts access to a seized thing, a person must not 28
tamper, or attempt to tamper, with the thing, or something restricting access 29
to the thing, without an inspector's approval. 30
Maximum penalty--50 penalty units. 31
s 82 48 s 84
Biodiscovery Bill 2004
82 Receipt for seized things 1
(1) As soon as practicable after an inspector seizes a thing, the inspector 2
must give a receipt for it to the person from whom it was seized. 3
(2) However, if for any reason it is not practicable to comply with 4
subsection (1), the inspector must leave the receipt at the place of seizure in 5
a conspicuous position and in a reasonably secure way. 6
(3) The receipt must describe generally each thing seized and its 7
condition. 8
(4) This section does not apply to a thing if it is impracticable or would 9
be unreasonable to give the receipt, given the thing's nature, condition and 10
value. 11
83 Disposal of native biological material 12
(1) This section applies to native biological material that has been seized 13
under this subdivision as evidence of an offence against this Act. 14
(2) Despite any other provision of this Act, if the EPA chief executive is 15
satisfied that it is necessary to do so-- 16
(a) in the interests of the welfare of the material; or 17
(b) for the protection of the material; 18
the chief executive may direct that the material be disposed of in a way the 19
chief executive considers appropriate. 20
(3) Subsection (2) applies even though a proceeding has not been taken 21
for, or a person convicted of, the offence. 22
84 Forfeiture of things not owned by the State 23
(1) A thing that is not already the property of the State and has been 24
seized under this subdivision is forfeited to the State if the inspector who 25
seized the thing-- 26
(a) can not find its owner, after making reasonable inquiries; or 27
(b) can not return it to its owner, after making reasonable efforts. 28
(2) In applying subsection (1)-- 29
s 85 49 s 86
Biodiscovery Bill 2004
(a) subsection (1)(a) does not require the inspector to make inquiries 1
if it would be unreasonable to make inquiries to find the owner; 2
and 3
(b) subsection (1)(b) does not require the inspector to make efforts if 4
it would be unreasonable to make efforts to return the thing to its 5
owner. 6
(3) Regard must be had to a thing's nature, condition and value in 7
deciding-- 8
(a) whether it is reasonable to make inquiries or efforts; and 9
(b) if making inquiries or efforts, what inquiries or efforts, including 10
the period over which they are made, are reasonable. 11
(4) In this section-- 12
"owner", of a thing, includes the person in possession or control of it. 13
85 Dealing with forfeited things 14
(1) On the forfeiture of a thing to the State, the thing becomes the State's 15
property and may be dealt with by the State as the EPA chief executive 16
considers appropriate. 17
(2) Without limiting subsection (1), the State may destroy or otherwise 18
dispose of the thing. 19
86 Return of seized things 20
(1) If a seized thing is not disposed of under section 83 or forfeited under 21
section 84, the inspector must return it to the person from whom it was 22
seized-- 23
(a) at the end of 6 months; or 24
(b) if proceedings involving the thing are started within 6 months, at 25
the end of the proceedings and any appeal from the proceedings. 26
(2) Despite subsection (1), unless a thing that has been seized as 27
evidence is disposed of or forfeited as mentioned in the subsection, the 28
inspector must immediately return it to the person from whom it was seized 29
if the inspector stops being satisfied its continued retention as evidence is 30
necessary. 31
s 87 50 s 89
Biodiscovery Bill 2004
87 Access to seized things 1
(1) Until a seized thing is disposed of, forfeited or returned, an inspector 2
must allow the person from whom it was seized to inspect it and, if it is a 3
document, to copy it. 4
(2) Subsection (1) does not apply if it is impracticable or would be 5
unreasonable to allow the inspection or copying. 6
Division 3--General investigation matters 7
88 Inspector's obligation not to cause unnecessary damage 8
An inspector must take all reasonable steps to ensure the inspector does 9
not cause any unnecessary damage to property in exercising a power under 10
division 2. 11
89 Notice of damage 12
(1) This section applies if-- 13
(a) an inspector damages property when exercising or purporting to 14
exercise a power; or 15
(b) a person (the "other person") acting under the direction of an 16
inspector damages property. 17
(2) The inspector must immediately give notice of particulars of the 18
damage to the person who appears to the inspector to be the owner of the 19
property. 20
(3) If the inspector believes the damage was caused by a latent defect in 21
the property or circumstances beyond the inspector's or other person's 22
control, the inspector may state the belief in the notice. 23
(4) If, for any reason, it is impracticable to comply with subsection (2), 24
the inspector must leave the notice in a conspicuous position and in a 25
reasonably secure way where the damage happened. 26
(5) This section does not apply to damage the inspector reasonably 27
believes is trivial. 28
(6) In subsection (2)-- 29
"owner", of property, includes the person in possession or control of it. 30
s 90 51 s 92
Biodiscovery Bill 2004
90 Compensation 1
(1) A person may claim compensation from the State if the person incurs 2
loss or expense because of the exercise or purported exercise of a power 3
under division 2, subdivision 1, 3 or 4.12 4
(2) Without limiting subsection (1), compensation may be claimed for 5
loss or expense incurred in complying with a requirement made of the 6
person under the subdivision. 7
(3) Compensation may be claimed and ordered to be paid in a 8
proceeding brought in a court with jurisdiction for the recovery of the 9
amount of compensation claimed. 10
(4) A court may order compensation to be paid only if it is satisfied it is 11
fair to make the order in the circumstances of the particular case. 12
91 False or misleading information given to inspector 13
A person must not state anything to an inspector the person knows is 14
false or misleading in a material particular. 15
Maximum penalty--50 penalty units. 16
92 False or misleading documents given to inspector 17
(1) A person must not give an inspector a document containing 18
information the person knows is false or misleading in a material 19
particular. 20
Maximum penalty--50 penalty units. 21
(2) Subsection (1) does not apply to a person if the person, when giving 22
the document-- 23
(a) tells the inspector, to the best of the person's ability, how it is 24
false or misleading; and 25
(b) if the person has, or can reasonably obtain, the correct 26
information, gives the correct information. 27
12 Division 2 (Powers of inspectors), subdivision 1 (Entry of places), 3 (Other powers)
or 4 (Power to seize evidence)
s 93 52 s 95
Biodiscovery Bill 2004
93 Obstructing an inspector 1
(1) A person must not obstruct an inspector in the exercise of a power, 2
unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
(2) If a person has obstructed an inspector and the inspector decides to 5
proceed with the exercise of the power, the inspector must warn the person 6
that-- 7
(a) it is an offence to obstruct the inspector, unless the person has a 8
reasonable excuse; and 9
(b) the inspector considers the person's conduct is an obstruction. 10
(3) In this section-- 11
"obstruct" includes hinder and attempt to obstruct or hinder. 12
94 Impersonating an inspector 13
A person must not pretend to be an inspector. 14
Maximum penalty--50 penalty units. 15
PART 9--REVIEW OF DECISIONS 16
Division 1-- Decisions of EPA chief executive 17
95 Application for internal review 18
(1) A person who is given, or is entitled to be given, an information 19
notice about a decision of the EPA chief executive under section 14 to 20
refuse an application for a collection authority, or to grant it on conditions, 21
may apply for an internal review of the decision. 22
(2) Also, a person whose application for a collection authority the EPA 23
chief executive is taken, under section 19, to have decided to refuse may 24
apply for an internal review of the decision. 25
s 96 53 s 98
Biodiscovery Bill 2004
96 How to apply for internal review 1
(1) An application for internal review of a decision must be-- 2
(a) made-- 3
(i) in the approved form; and 4
(ii) to the EPA Minister; and 5
(b) supported by enough information to enable the Minister to 6
decide the application. 7
(2) The application must be made within 20 business days after-- 8
(a) the day the person is given the information notice about the 9
decision; or 10
(b) if paragraph (a) does not apply--the day the person otherwise 11
becomes aware of the decision. 12
97 Review decision 13
(1) The EPA Minister must, within 30 business days after receiving the 14
application-- 15
(a) review the decision (the "original decision"); and 16
(b) make a decision (the "review decision") to-- 17
(i) confirm the original decision; or 18
(ii) amend the original decision; or 19
(iii) substitute another decision for the original decision; and 20
(c) give the applicant notice (the "review notice") of the review 21
decision. 22
(2) If the review decision is not the decision sought by the applicant, the 23
review notice must also state the reasons for the review decision. 24
(3) If the Minister does not comply with subsection (1), the Minister is 25
taken to have made a decision confirming the original decision. 26
98 Restriction on external review 27
(1) Other than as provided by section 95, a person can not appeal, under 28
any Act, against a decision of the EPA chief executive mentioned in the 29
section. 30
s 99 54 s 101
Biodiscovery Bill 2004
(2) A person can not appeal, under any Act, against a decision of the EPA 1
Minister made under this division. 2
(3) This section has no effect on the Judicial Review Act 1991. 3
Division 2--Decisions of DSDI chief executive 4
99 Application for internal review 5
A person who is given, or is entitled to be given, under section 40, an 6
information notice about either of the following decisions of the DSDI 7
chief executive may apply to the DSDI Minister for a review of the 8
decision-- 9
(a) a decision to impose conditions on the approval of a biodiscovery 10
plan or amended biodiscovery plan; 11
(b) a decision to refuse to approve a biodiscovery plan or amended 12
biodiscovery plan. 13
100 How to apply for internal review 14
(1) An application for review of a decision must be-- 15
(a) made in writing to the DSDI Minister; and 16
(b) supported by enough information to enable the Minister to 17
decide the application. 18
(2) The application must be made within 20 business days after-- 19
(a) the day the person is given the information notice about the 20
decision; or 21
(b) if paragraph (a) does not apply--the day the person otherwise 22
becomes aware of the decision. 23
101 Review decision 24
(1) The DSDI Minister must, within 30 business days after receiving the 25
application-- 26
(a) review the decision (the "original decision"); and 27
(b) make a decision (the "review decision") to-- 28
s 102 55 s 104
Biodiscovery Bill 2004
(i) confirm the original decision; or 1
(ii) amend the original decision; or 2
(iii) substitute another decision for the original decision; and 3
(c) give the applicant notice (the "review notice") of the review 4
decision. 5
(2) If the review decision is not the decision sought by the applicant, the 6
review notice must also state the reasons for the review decision. 7
(3) If the Minister does not comply with subsection (1), the Minister is 8
taken to have made a decision confirming the original decision. 9
102 Restriction on external review 10
(1) Other than as provided by section 99, a person can not appeal, under 11
any Act, against a decision of the DSDI chief executive mentioned in the 12
section. 13
(2) A person can not appeal, under any Act, against a decision of the 14
DSDI Minister made under this division. 15
(3) This section has no effect on the Judicial Review Act 1991. 16
PART 10--APPEALS 17
103 Who may appeal 18
A person who is given an information notice about a decision of the EPA 19
chief executive under section 21 (the "dissatisfied person") may appeal to 20
a Magistrates Court against the decision. 21
104 Starting an appeal 22
(1) An appeal is started by-- 23
(a) filing a notice of appeal with the clerk of the Magistrates Court; 24
and 25
(b) giving a copy of the notice to the EPA chief executive; and 26
(c) complying with the rules of court applicable to the appeal. 27
s 105 56 s 107
Biodiscovery Bill 2004
(2) The notice must be filed within 28 days after the dissatisfied person 1
receives notice of the decision appealed against. 2
(3) However, the court may at any time extend the period for filing the 3
notice of appeal. 4
(4) The notice of appeal must state fully the grounds of the appeal and 5
the facts relied on. 6
105 Stay of operation of decisions 7
(1) The Magistrates Court may stay a decision appealed against to secure 8
the effectiveness of the appeal. 9
(2) A stay-- 10
(a) may be given on conditions the court considers appropriate; and 11
(b) has effect for the period fixed by the court; and 12
(c) may be amended or revoked by the court. 13
(3) The period of a stay must not extend past the time when the court 14
decides the appeal. 15
(4) An appeal against a decision affects the decision, or the carrying out 16
of the decision, only if the decision is stayed. 17
106 Hearing procedures 18
(1) In deciding an appeal, the Magistrates Court-- 19
(a) is not bound by the rules of evidence; and 20
(b) must comply with natural justice. 21
(2) An appeal is by way of rehearing, unaffected by the decision 22
appealed against. 23
107 Powers of court on appeal 24
(1) In deciding an appeal, the Magistrates Court may-- 25
(a) confirm the decision appealed against; or 26
(b) vary the decision; or 27
(c) set aside the decision and substitute another decision; or 28
s 108 57 s 110
Biodiscovery Bill 2004
(d) set aside the decision and return the matter to the EPA chief 1
executive with directions the court considers appropriate. 2
(2) The decision as varied may be any decision the EPA chief executive 3
may make. 4
(3) If the court substitutes another decision, the substituted decision is, 5
for the purposes of this Act, other than this chapter, taken to be the decision 6
of the EPA chief executive. 7
(4) The court may make an order for costs it considers appropriate. 8
PART 11--LEGAL PROCEEDINGS 9
Division 1--Evidence 10
108 Application of div 1 11
This division applies to a proceeding under this Act. 12
109 Appointments and authority 13
It is not necessary to prove the appointment of any of the following 14
persons, or their authority to do anything under this Act-- 15
(a) the EPA Minister; 16
(b) the DSDI Minister; 17
(c) the EPA chief executive; 18
(d) the DSDI chief executive; 19
(e) an inspector. 20
110 Signatures 21
A signature purporting to be the signature of a person mentioned in 22
section 109 is evidence of the signature it purports to be. 23
s 111 58 s 111
Biodiscovery Bill 2004
111 Evidentiary matters 1
A certificate purporting to be signed by the EPA chief executive or the 2
DSDI chief executive and stating any of the following matters is evidence 3
of the matter-- 4
(a) a stated document is 1 of the following things made, given, 5
issued or kept under this Act-- 6
(i) an appointment, approval or decision; 7
(ii) a direction, requirement or notice; 8
(iii) a collection authority; 9
(iv) a benefit sharing agreement; 10
(v) the compliance code; 11
(vi) a collection protocol; 12
(vii) a record or an extract from a record; 13
(viii)a register or an extract from a register; 14
(b) a stated document is another document kept under this Act; 15
(c) a stated document is a benefit sharing agreement or approved 16
biodiscovery plan; 17
(d) a stated document is a copy of a thing mentioned in 18
paragraph (a), (b) or (c); 19
(e) on a stated day, or during a stated period, a stated person was or 20
was not the holder of a collection authority; 21
(f) on a stated day, or during a stated period, a collection authority-- 22
(i) was or was not in force; or 23
(ii) was or was not subject to a stated condition; 24
(g) on a stated day, a collection authority was cancelled; 25
(h) on a stated day, or during a stated period, a collection authority 26
was suspended; 27
(i) on a stated day, or during a stated period, a stated biodiscovery 28
entity was or was not a party to a benefit sharing agreement; 29
(j) on a stated day, or during a stated period, a stated benefit sharing 30
agreement was or was not in force; 31
s 112 59 s 114
Biodiscovery Bill 2004
(k) on a stated day, or during a stated period, a stated biodiscovery 1
plan was or was not approved; 2
(l) on a stated day, or during a stated period, an appointment as an 3
inspector was or was not in force for a stated person; 4
(m) on a stated day, a stated person was given a stated notice under 5
this Act; 6
(n) on a stated day, a stated requirement was made of a stated person. 7
Division 2--Proceedings 8
112 Summary proceedings for offences 9
(1) Proceedings for an offence against this Act are to be taken in a 10
summary way under the Justices Act 1886. 11
(2) A proceeding for an offence against section 54 must start-- 12
(a) within 5 years after the commission of the offence; or 13
(b) within 1 year after the offence comes to the complainant's 14
knowledge, but within 7 years after the commission of the 15
offence. 16
(3) A proceeding for another offence against this Act must start-- 17
(a) within 1 year after the commission of the offence; or 18
(b) within 1 year after the offence comes to the complainant's 19
knowledge, but within 2 years after the commission of the 20
offence. 21
113 Allegations of false or misleading information or documents 22
It is enough for a complaint for an offence against this Act involving 23
false or misleading information, or a false or misleading document, to state 24
the statement made, or document given, was `false or misleading' to the 25
person's knowledge, without specifying whether it was false or whether it 26
was misleading. 27
114 Responsibility for acts or omissions of representatives 28
(1) This section applies in a proceeding for an offence against this Act. 29
s 115 60 s 115
Biodiscovery Bill 2004
(2) If it is relevant to prove a person's state of mind about a particular act 1
or omission, it is enough to show-- 2
(a) the act was done or omitted to be done by a representative of the 3
person within the scope of the representative's actual or apparent 4
authority; and 5
(b) the representative had the state of mind. 6
(3) An act done or omitted to be done for a person by a representative of 7
the person within the scope of the representative's actual or apparent 8
authority is taken to have been done or omitted to be done also by the 9
person, unless the person proves the person could not, by the exercise of 10
reasonable diligence, have prevented the act or omission. 11
(4) In this section-- 12
"representative" means-- 13
(a) for a corporation--an executive officer, employee or agent of the 14
corporation; or 15
(b) for an individual--an employee or agent of the individual. 16
"state of mind", of a person, includes-- 17
(a) the person's knowledge, intention, opinion, belief or purpose; 18
and 19
(b) the person's reasons for the intention, opinion, belief or purpose. 20
115 Executive officers must ensure corporation complies with Act 21
(1) The executive officers of a corporation must ensure the corporation 22
complies with this Act. 23
(2) If a corporation commits an offence against a provision of this Act, 24
each of the corporation's executive officers also commits an offence, 25
namely, the offence of failing to ensure the corporation complies with the 26
provision. 27
Maximum penalty--the penalty for the contravention of the provision by 28
an individual. 29
(3) Evidence that the corporation has been convicted of an offence 30
against a provision of this Act is evidence that each of the executive 31
officers committed the offence of failing to ensure the corporation 32
complies with the provision. 33
s 116 61 s 116
Biodiscovery Bill 2004
(4) However, it is a defence for an executive officer to prove-- 1
(a) if the officer was in a position to influence the conduct of the 2
corporation in relation to the offence--the officer exercised 3
reasonable diligence to ensure the corporation complied with the 4
provision; or 5
(b) the officer was not in a position to influence the conduct of the 6
corporation in relation to the offence. 7
PART 12--MISCELLANEOUS 8
Division 1--Protection of confidentiality 9
116 Freedom of Information Act 1992 does not apply to benefit 10
sharing agreement 11
Despite the Freedom of Information Act 1992, section 16,13 that Act does 12
not apply to any of the following documents-- 13
(a) a benefit sharing agreement; 14
(b) a record kept by a department about a benefit sharing agreement 15
or proposed benefit sharing agreement; 16
(c) a record kept by a department about a collection authority; 17
(d) a biodiscovery plan; 18
(e) a record kept by a department about a biodiscovery plan; 19
(f) a document identifying the holder of a collection authority under 20
which a sample of native biological material was given to a 21
receiving entity. 22
13 Freedom of Information Act 1992, section 16 (Operation of provisions of other
enactments providing for non-disclosure)
s 117 62 s 119
Biodiscovery Bill 2004
117 Disclosure of information about collection authority, benefit 1
sharing agreement or biodiscovery plan 2
(1) This section applies to a person who, in performing functions under 3
this Act, acquires or acquired information about a collection authority, 4
benefit sharing agreement or biodiscovery plan. 5
(2) The person must not disclose the information to anyone else, unless 6
the disclosure is permitted under subsection (3). 7
Maximum penalty--100 penalty units. 8
(3) The person may disclose the information to someone else-- 9
(a) to the extent necessary to perform the person's functions under 10
this Act; or 11
(b) if the disclosure is authorised under this Act or, subject to 12
section 116, another Act; or 13
(c) if the disclosure is otherwise required or permitted by law; or 14
(d) if each party to the agreement consents, in writing, to the 15
disclosure; or 16
(e) if the information is, or has been, accessible to the public, 17
including, for example, because it is or was recorded in a 18
publicly available register. 19
Division 2--Protection from liability 20
118 Liability of State 21
The State is not legally liable for an act or omission merely because-- 22
(a) a collection authority has been issued; or 23
(b) a benefit sharing agreement has been entered into. 24
119 Protecting officials from liability 25
(1) A protected person is not civilly liable for an act done, or omission 26
made, honestly and without negligence under this Act. 27
(2) If subsection (1) prevents a civil liability attaching to a protected 28
person, the liability attaches instead to the State. 29
(3) In this section-- 30
s 120 63 s 121
Biodiscovery Bill 2004
"protected person" means-- 1
(a) an official; or 2
(b) an employee of a department. 3
120 Whistleblowers' protection 4
(1) A person is not liable, civilly, criminally or under an administrative 5
process, for disclosing to an official information about a person's conduct 6
that breaches this Act or a benefit sharing agreement. 7
(2) Without limiting subsection (1)-- 8
(a) in a proceeding for defamation, the discloser has a defence 9
of absolute privilege for publishing the disclosed information; 10
and 11
(b) if the discloser would otherwise be required to 12
maintain confidentiality about the disclosed information under an 13
Act, oath, rule of law or practice, the discloser-- 14
(i) does not contravene the Act, oath, rule of law or practice 15
for disclosing the information; and 16
(ii) is not liable to disciplinary action for disclosing 17
the information. 18
(3) A person's liability for the person's own conduct is not affected 19
only because the person discloses it to an official. 20
Division 3--Other miscellaneous provisions 21
121 Review of Act 22
(1) The Ministers responsible for administering this Act must review it 23
within 5 years after the commencement of this section to decide whether its 24
provisions remain appropriate. 25
(2) The Ministers must, as soon as practicable after finishing the review, 26
table a joint report about the outcome of the review in the Legislative 27
Assembly. 28
s 122 64 s 124
Biodiscovery Bill 2004
122 Approval of forms 1
(1) The EPA chief executive may approve forms for use under part 3 and 2
section 96(1). 3
(2) The DSDI chief executive may approve forms for use under part 5. 4
123 Regulation-making power 5
(1) The Governor in Council may make regulations under this Act. 6
(2) Without limiting subsection (1), a regulation may-- 7
(a) prescribe fees payable under the Act; and 8
(b) provide for a maximum penalty of 20 penalty units for a 9
contravention of a regulation. 10
PART 13--TRANSITIONAL PROVISIONS 11
124 Existing benefit sharing agreements with State 12
(1) This section applies to an agreement entered into between the State 13
and a biodiscovery entity before the commencement of this section under 14
which-- 15
(a) the State gave the entity the right to use, for biodiscovery, native 16
biological material-- 17
(i) taken from State land or Queensland waters; or 18
(ii) sourced from native biological material taken from State 19
land or Queensland waters; and 20
(b) the entity agreed to provide benefits of biodiscovery to the State. 21
(2) On and from the commencement, the agreement is taken to be a 22
benefit sharing agreement entered into under section 33. 23
(3) However, section 35(1)14 does not apply to the agreement until the 24
end of 1 year after the commencement. 25
14 Section 35 (Conditions of agreement)
s 125 65 s 126
Biodiscovery Bill 2004
(4) Also, subsection (2) is not effective to impose criminal liability, 1
before the commencement, under section 43.15 2
(5) Despite subsections (2) to (4), section 5016 applies to the entity on 3
and from the commencement. 4
125 Existing permits, licences or other authorities 5
(1) Subsection (2) applies-- 6
(a) if the holder of a corresponding authority complies with the Act 7
under which the authority was issued; and 8
(b) until the authority expires or is sooner cancelled. 9
(2) On and from the commencement of this section-- 10
(a) despite section 50, the holder may continue to take the native 11
biological material authorised to be taken under the authority; 12
and 13
(b) the authority is taken to be a collection authority. 14
(3) In this section-- 15
"corresponding authority" means a permit, licence or other authority-- 16
(a) issued, for the purpose of biodiscovery, under another Act; and 17
(b) authorising the taking of native biological material from State 18
land or Queensland waters. 19
PART 14--AMENDMENT OF OTHER ACTS 20
Division 1--Amendment of Fisheries Act 1994 21
126 Act amended in div 1 22
This division amends the Fisheries Act 1994. 23
15 Section 43 (Records to be kept by biodiscovery entity)
16 Section 50 (Offence to take without a collection authority)
s 127 66 s 131
Biodiscovery Bill 2004
127 Amendment of s 11 (General application of Act) 1
Section 11(2)-- 2
insert-- 3
`(e) the taking and keeping of fish under a collection authority issued 4
under the Biodiscovery Act 2004.'. 5
Division 2--Amendment of Forestry Act 1959 6
128 Act amended in div 2 7
This division amends the Forestry Act 1959. 8
129 Amendment of s 102 (Saving of certain Acts) 9
Section 102(1)(a) to (i)-- 10
omit, insert-- 11
`(a) Biodiscovery Act 2004; 12
(b) Criminal Code; 13
(c) Fire and Rescue Authority Act 1990; 14
(d) Nature Conservation Act 1992; 15
(e) Petroleum (Submerged Lands) Act 1982; 16
(f) Sawmills Licensing Act 1936; 17
(g) Timber Utilisation and Marketing Act 1987.'. 18
Division 3--Amendment of Freedom of Information Act 1992 19
130 Act amended in div 3 20
This division amends the Freedom of Information Act 1992. 21
131 Amendment of sch 1 (Secrecy provisions giving exemption) 22
Schedule 1-- 23
insert-- 24
s 132 67 s 135
Biodiscovery Bill 2004
`Biodiscovery Act 2004, section 116 1
Gene Technology Act 2001, section 187(3)'. 2
Division 4--Amendment of Gene Technology Act 2001 3
132 Act amended in div 4 4
This division amends the Gene Technology Act 2001. 5
133 Amendment of s 187 (Confidential commercial information must 6
not be disclosed) 7
(1) Section 187(3) and (4) 8
omit, insert-- 9
`(3) The Freedom of Information Act 1992 does not apply to confidential 10
commercial information.'. 11
(2) Section 187(5) and (6)-- 12
renumber as section 187(4) and (5).'. 13
Division 5--Amendment of Nature Conservation Act 1992 14
134 Act amended in div 5 15
This division amends the Nature Conservation Act 1992. 16
135 Amendment of sch (Dictionary) 17
Schedule, definition "nature-based", `cultural and recreational'-- 18
omit, insert-- 19
`cultural, recreational and biodiscovery under the Biodiscovery Act 20
2004'. 21
s 136 68 s 136
Biodiscovery Bill 2004
PART 15--REPEAL OF YEAR 2000 INFORMATION 1
DISCLOSURE ACT 1999 2
136 Repeal 3
The Year 2000 Information Disclosure Act 1999 is repealed. 4
69
Biodiscovery Bill 2004
SCHEDULE 1
DICTIONARY 2
section 5 3
"applicable collection protocol", for taking native biological material, 4
means a collection protocol about taking the material. 5
"appointing chief executive", for an inspector, see section 61(1). 6
"approved biodiscovery plan" means a biodiscovery plan approved under 7
section 39. 8
"approved form" means a form approved under section 122. 9
"benefit sharing agreement" see section 33(1). 10
"benefits of biodiscovery" include-- 11
(a) any economic, environmental or social benefits for the State, 12
including the following-- 13
(i) investment in any of the following-- 14
(A) State-based biotechnology industry; 15
(B) State-based entities; 16
(C) research and development infrastructure in the State; 17
(ii) the transfer of technology to State-based entities; 18
(iii) the creation of employment in the State; 19
(iv) the formation of collaborative agreements with State-based 20
entities; 21
(v) the conduct of biodiscovery research involving field and 22
clinical trials in the State; 23
(vi) the undertaking of commercial production, processing or 24
manufacturing of native biological material in the State; 25
(vii) the creation of alternative crops or industries in the State; 26
(viii)improved knowledge of the State's biological diversity or 27
natural environment; and 28
70
Biodiscovery Bill 2004
SCHEDULE (continued)
(b) the payment of amounts of money to the State. 1
"biodiscovery" means-- 2
(a) biodiscovery research; or 3
(b) the commercialisation of native biological material or a product 4
of biodiscovery research. 5
"biodiscovery entity" means an entity that engages in biodiscovery. 6
"biodiscovery plan" means a plan, complying with section 37, about a 7
biodiscovery entity's proposed biodiscovery activities. 8
"biodiscovery research" means the analysis of molecular, biochemical or 9
genetic information about native biological material for the purpose of 10
commercialising the material. 11
"biological diversity" means the natural diversity of native biological 12
resources, together with the environmental conditions necessary for 13
their survival, and includes-- 14
(a) regional diversity, that is, the diversity of the landforms, soils and 15
water of a region, and the functional relationships that affect 16
environmental conditions within ecosystems; and 17
(b) ecosystem diversity, that is, the diversity of the different types of 18
communities formed by living organisms and the relations 19
between them; and 20
(c) species diversity, that is, the diversity of species; and 21
(d) genetic diversity, that is, the diversity of genes within each 22
species. 23
"collection authority" means a collection authority issued under 24
section 15(1). 25
"collection authority register" means the register established under 26
section 27. 27
"collection protocol" see section 45(1). 28
"commercialisation", of native biological material-- 29
1. "Commercialisation", of native biological material, means using 30
the material in any way for gain. 31
71
Biodiscovery Bill 2004
SCHEDULE (continued)
2. The term does not include using the material to obtain financial 1
assistance from a State or the Commonwealth, including, for 2
example, a government grant. 3
"commercialisation activities" means activities carried out for 4
commercialising native biological material. 5
"compliance code" see section 44(1). 6
"corresponding authority" see section 125. 7
"DSDI chief executive" means the chief executive of the department in 8
which the Gene Technology Act 2001 is administered. 9
"DSDI Minister" means the Minister responsible for administering the 10
Gene Technology Act 2001. 11
"EPA chief executive" means the chief executive of the department in 12
which the Nature Conservation Act 1992 is administered. 13
"EPA Minister" means the Minister responsible for administering the 14
Nature Conservation Act 1992. 15
"executive officer", of a corporation, means a person who-- 16
(a) is a member of the governing body of the corporation; or 17
(b) is concerned with, or takes part in, the corporation's 18
management, whatever the person's position is called and 19
whether or not the person is a director of the corporation. 20
"Great Barrier Reef Marine Park Authority" means the Great Barrier 21
Reef Marine Park Authority established under the Great Barrier Reef 22
Marine Park Act 1975 (Cwlth). 23
"Great Barrier Reef Region", means the Great Barrier Reef Region 24
established under the Great Barrier Reef Marine Park Act 1975 25
(Cwlth). 26
"holder" means-- 27
(a) for a collection authority--the person recorded in the collection 28
authority register as the holder of the authority; and 29
(b) for a corresponding authority--the person to whom the authority 30
was issued. 31
"information notice", about a decision of the EPA chief executive, means 32
a written notice stating each of the following-- 33
72
Biodiscovery Bill 2004
SCHEDULE (continued)
(a) the decision; 1
(b) the reasons for the decision; 2
(c) that the person to whom the notice is given may, within 3
20 business days after the day the notice is given-- 4
(i) for a decision under section 14--ask the EPA Minister to 5
review the decision; or 6
(ii) for a decision under section 21--appeal against the 7
decision; 8
(d) how the person may apply for the review or appeal. 9
"inspector" means a person holding office as an inspector under part 8. 10
"land" includes-- 11
(a) the airspace above land; and 12
(b) land that is, or is at any time, covered by water. 13
"material disposal report", about native biological material, means a 14
written report stating the following details about the disposal of the 15
material-- 16
(a) the name and contact details of each person to whom the material 17
was given; 18
(b) when the material was given; 19
(c) a description of the type of material, of sufficient detail to enable 20
the material to be identified; 21
(d) the volume or amount of the material. 22
"minimal quantity", for native biological material, means the quantity of 23
the material that-- 24
(a) is the minimum amount reasonably required for laboratory-based 25
biodiscovery research; and 26
(b) will cause no more than a minor and inconsequential impact on 27
the biological diversity of the State land or Queensland waters 28
from which the material was taken; and 29
(c) for vulnerable wildlife within the meaning of the Nature 30
Conservation Act 1992--will not impact on the ability of the 31
wildlife population to expand; and 32
73
Biodiscovery Bill 2004
SCHEDULE (continued)
(d) for endangered wildlife within the meaning of the Nature 1
Conservation Act 1992--will not prevent the wildlife individual 2
from producing viable offspring. 3
"native biological material" means-- 4
(a) a native biological resource; or 5
(b) a substance sourced, whether naturally or artificially, from a 6
native biological resource; or 7
(c) soil containing a native biological resource. 8
"native biological resource" means-- 9
(a) a non-human living organism or virus indigenous to Australia 10
and sourced from State land or Queensland waters; or 11
(b) a living or non-living sample of the organism or virus. 12
"official" means any of the following-- 13
(a) the EPA Minister; 14
(b) the DSDI Minister; 15
(c) the EPA chief executive; 16
(d) the DSDI chief executive. 17
"place" includes the following-- 18
(a) land; 19
(b) premises; 20
(c) a vehicle, boat or aircraft. 21
"receiving entity", for a sample of native biological material, see 22
section 30(1). 23
"reportable matter" means any of the following matters about which a 24
biodiscovery entity is required, under a benefit sharing agreement, to 25
report to the DSDI Minister-- 26
(a) the results of biodiscovery research carried out by or for the 27
entity under the agreement; 28
(b) the commercialisation activities carried out by or for the entity 29
under the agreement; 30
74
Biodiscovery Bill 2004
SCHEDULE (continued)
(c) the amount or value of the total consideration given or to be 1
given to the entity, or someone else at the entity's direction, for 2
the commercialisation activities carried out under the agreement. 3
"section 14 conditions", for a collection authority, see section 17(3). 4
"sourced", from native biological material, means-- 5
(a) produced by, or extracted or otherwise derived from, the 6
material; or 7
(b) synthesised from the material. 8
"State-based" means based in the State. 9
"State collection" means a collection owned by the State. 10
"State land" means all land in Queensland that is not-- 11
(a) freehold land owned by a person other than the State or an entity 12
representing the State or owned by the State; or 13
(b) land, including land in a freeholding lease as defined under the 14
Land Act 1994, contracted to be granted in fee-simple by the 15
State to a person other than the State or an entity representing the 16
State or owned by the State; or 17
(c) land subject to a native title determination granting rights of 18
exclusive possession. 19
"State native biological resource" see section 3(1)(a). 20
"wet tropics area" means the wet tropics area within the meaning of the 21
Wet Tropics World Heritage Protection and Management Act 1993. 22
"Wet Tropics Management Authority" means the Wet Tropics 23
Management Authority established under the Wet Tropics World 24
Heritage Protection and Management Act 1993. 25
© State of Queensland 2004
AMENDMENTS TO BILL
1
Biodiscovery Bill 2004
Biodiscovery Bill 2004
Amendment agreed to in Committee
1 Clause 9--
At page 12, line 27, `Constitution of Queensland'--
omit, insert--
`Commonwealth Constitution'.
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