Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"agent application" means an application under section 20.
"agent organism" means an organism in respect of which there is in force a declaration by the Authority, under section 27, 28, 29 or 32, that the organism is an agent organism for the purposes of this Act.
"agent recommendation" means a recommendation to the Authority by the Council that an organism of a particular kind should be declared to be an agent organism.
"Australia" includes the external Territories (if any) in respect of which a declaration under section 4(1) of the Commonwealth Act is in force.
"Authority" means the Northern Territory Biological Control Authority established by section 8.
"Commonwealth Act" means the Biological Control Act 1984 of the Commonwealth as amended.
"control", in relation to an organism, includes:
(a) reduce the numbers of that organism;
(b) prevent an increase in the numbers of that organism;
(c) reduce the activity or appetite of the population or part of the population of that organism; and
(d) modify the behaviour or characteristics of the population or part of the population of that organism.
"Council" means the body known as the Agriculture Resource Management Council of Australia and New Zealand.
"kind", in relation to a live organism, means species, sub-species or variety.
"organism" means:
(a) an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or
(b) a part of, or matter discharged from, an organism within the meaning of paragraph (a).
"organization" includes:
(a) a body corporate;
(b) an association or other body of persons; and
(c) an association that consists of 2 or more organizations referred to in paragraphs (a) and (b).
"person" includes an organization.
"prescribed live organism" means a live organism other than a live vaccine or resistant cultivar.
"relevant law" means a law declared under section 5 by the Authority to be a relevant law for the purposes of this Act.
"target application" means an application under section 11.
"target organism" means an organism in respect of which there is in force a declaration by the Authority, under section 18, 28, 29 or 32, that the organism is a target organism for the purposes of this Act.
"target recommendation" means a recommendation to the Authority by the Council that an organism of a particular kind should be declared to be a target organism.
(2) For the purposes of this Act, an organism of a particular kind shall be taken to cause harm if the control of the organism would be for the public benefit.
(3) For the purposes of this Act, an organism of a particular kind shall be taken to cause harm in the Territory if it causes harm in a part or parts only of the Territory.
(4) For the purposes of this Act:
(a) a recommendation or decision of, or an approval by, the Council has effect whether or not it was made or given while the Council was in session;
(b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council;
(c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and
(d) where a person is authorized to act as a member of the Council in place of another person, then, while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.
(5) A reference in this Act to a recommendation by the Council that an organism of a particular kind should be declared to be an agent organism includes a reference to a recommendation that an organism of a particular kind should be so declared if an organism to which a target recommendation applies is declared to be a target organism.
(6) In this Act, a reference to:
(a) a function includes a reference to a power, authority and duty; and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.