BIOSECURITY ACT 2015 - SECT 179 Director of Biosecurity may grant permit

BIOSECURITY ACT 2015 - SECT 179

  (1)   The Director of Biosecurity may, on application by a person under section   177 for a permit in relation to particular goods, grant the permit.

Note 1:   The Director of Biosecurity is not subject to direction by the Agriculture Minister in relation to a decision relating to an application for a permit (see subsection   543(3)).

Note 2:   If the Director of Biosecurity does not make a decision in relation to the application within the decision - making period for the application, the Director is taken to have refused to grant the permit at the end of that period (see subsection   178(3)).

Note 3:   A decision not to grant a permit is a reviewable decision (see Part   1 of Chapter   11).

  (1A)   Before granting the permit in relation to the goods:

  (a)   a risk assessment must be conducted in relation to the goods by a biosecurity worker; and

  (b)   the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.

  (2)   In deciding whether to grant the permit in relation to the goods, the Director of Biosecurity must consider:

  (aa)   the risk assessment that was conducted in relation to the goods; and

  (a)   the level of biosecurity risk associated with the goods; and

  (b)   whether it would be necessary to impose conditions on the permit to reduce the level of biosecurity risk associated with the goods to an acceptable level; and

  (c)   any personal information that is required to be provided with the application for the permit under section   531.

  (4)   In deciding whether to grant the permit in relation to the goods, the Director of Biosecurity may also consider:

  (a)   whether the applicant is a fit and proper person (having regard to the matters referred to in section   530); and

  (b)   whether the applicant is an associate of a person whose application under section   177 for a permit has been refused (whether or not the person's application related to goods of the same kind); and

  (c)   any other matters relating to the goods or the applicant that the Director considers relevant.

  (5)   The Director of Biosecurity may refuse to grant the permit under subsection   (1) in relation to the goods if the applicant is an associate of a person:

  (a)   who has been refused a permit the person applied for under section   177 (whether in relation to the same or different goods); or

  (b)   who was granted a permit under this section (whether in relation to the same or different goods) that was later revoked under section   181.

This does not limit the grounds on which the Director of Biosecurity may refuse to grant the permit under subsection   (1).

  (6)   If a security in relation to the goods is required under section   175, the Director of Biosecurity may refuse to consider the application for the permit until the security is given.

  (7)   A permit must be in writing.