BIODISCOVERY ACT 2004 - As at 1 March 2023 - Act 19 of 2004
- As at 1 March 2023 - Act 19 of 2004Table of Provisions
PART 1 - PRELIMINARY
PART 2 - OPERATION OF ACT
- 6 Act binds all persons
- 7 Relationship with other Acts
- 7A Relationship with International food and agriculture treaty
- 8 Operation of Act
- 9 Extraterritorial application of Act
PART 2A - USING TRADITIONAL KNOWLEDGE FOR BIODISCOVERY
Division 1 - Preliminary
- 9A Application of part
Division 2 - Traditional knowledge obligation
- 9B Obligation about using traditional knowledge for biodiscovery
Division 3 - Traditional knowledge code of practice
PART 3 - COLLECTION AUTHORITIES
Division 1 - Preliminary
- 10 What collection authority authorises
Division 2 - Application for collection authority
- 11 Procedural requirements for application
- 12 Content of approved form
- 13 Chief executive’s powers before deciding application
- 14 Deciding application
- 15 Steps to be taken after application decided
- 16 Term of collection authority
- 17 Conditions of collection authority
- 18 Collection authority
- 19 Failure to decide application
Division 3 - Amending, suspending, cancelling or surrendering collection authority
- 20 Amending, suspending or cancelling collection authority
- 21 Procedure for amendment, suspension or cancellation
- 22 Returning collection authority on cancellation
- 23 Surrendering collection authority
Division 4 - Effect of particular statutory changes on collection authority
- 24 Collection authority concerning land in new national park, special wildlife reserve or marine park
- 25 Collection authority concerning wildlife
Division 5 - Miscellaneous
- 26 Replacement collection authority
- 27 Collection authority register
- 28 Public access to collection authority register
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
- 30 Giving samples of material to State
- 31 Restriction on receiving entity’s use of samples
Division 2 - Material disposal report
- 32 Giving material disposal report to chief executive
PART 5 - BENEFIT SHARING
Division 1 - Agreements
- 33 Power to enter into benefit sharing agreement
- 34 Content of benefit sharing agreement
- 35 Statutory condition of benefit sharing agreement
- 35A Subsequent use agreements
Division 2 - (Repealed)
Division 3 - Register and other records about benefit sharing agreements
PART 6 - COMPLIANCE CODE AND COLLECTION PROTOCOLS
- 44 Establishing compliance code
- 45 Establishing collection protocols
- 46 Consultation for compliance code and collection protocols
- 47 Public notice of establishment of compliance code and collection protocols
- 48 When compliance code and collection protocols have effect
- 49 Access to compliance code and collection protocols
PART 7 - OFFENCES
Division 1 - Offences about collection authorities
- 50 Offence to take without a collection authority
- 51 Contravening a condition of a collection authority
- 52 False or misleading information given by applicant
- 53 False or misleading documents given by applicant
Division 2 - Offences about agreements
- 54 Using native biological material for biodiscovery without particular agreements
- 55 Contravening a condition of a benefit sharing agreement
- 55A Contravening prescribed minimum terms of a subsequent use agreement
- 56 False or misleading information given by person seeking benefit sharing agreement
- 57 False or misleading documents given by person seeking benefit sharing agreement
- 58 False or misleading information about reportable matters
Division 3 - Other offence provisions
- 59 Claims by persons about holding a collection authority
- 60 Collection authority to be available for immediate inspection
PART 8 - MONITORING AND ENFORCEMENT
Division 1 - Inspectors
- 61 Appointment and qualifications
- 62 Appointment conditions and limit on powers
- 63 Issue of identity card
- 64 Production or display of identity card
- 65 When inspector ceases to hold office
- 66 Resignation
- 67 Return of identity card
Division 2 - Powers of inspectors
Subdivision 1 - Entry of places- 68 Power to enter places Subdivision 2 - Procedure for entry
- 69 Entry with consent
- 70 Application for warrant
- 71 Issue of warrant
- 72 Special warrants
- 73 Warrants—procedure before entry Subdivision 3 - Other powers
- 74 Power to stop and search vehicles etc.
- 75 General powers after entering places
- 76 Failure to help inspector
- 77 Failure to give information Subdivision 4 - Power to seize evidence
- 78 Seizing evidence at place that may only be entered with consent or warrant
- 79 Seizing evidence at other places
- 80 Securing seized things
- 81 Tampering with seized things
- 82 Receipt for seized things
- 83 Disposal of native biological material
- 84 Forfeiture of things not owned by the State
- 85 Dealing with forfeited things
- 86 Return of seized things
- 87 Access to seized things
Division 3 - General investigation matters
- 88 Inspector’s obligation not to cause unnecessary damage
- 89 Notice of damage
- 90 Compensation
- 91 False or misleading information given to inspector
- 92 False or misleading documents given to inspector
- 93 Obstructing an inspector
- 94 Impersonating an inspector
PART 9 - INTERNAL REVIEWS
- 95 Application for internal review
- 96 How to apply for internal review
- 97 Review decision
- 98 Restriction on external review 99. (Repealed) 100. (Repealed) 101. (Repealed) 102. (Repealed)
PART 10 - EXTERNAL REVIEWS
- 103 Review of decision by QCAT 104. (Repealed) 105. (Repealed) 106. (Repealed) 107. (Repealed)
PART 11 - LEGAL PROCEEDINGS
Division 1 - Evidence
Division 2 - Proceedings
- 112 Summary proceedings for offences
- 113 Allegations of false or misleading information or documents
- 114 Responsibility for acts or omissions of representatives
- 115 Liability of executive officer—particular offences committed by corporation 116. (Repealed)
PART 12 - MISCELLANEOUS
Division 1 - Protection of confidentiality
- 117 Disclosure of information about collection authority or agreements
Division 2 - Protection from liability
Division 3 - Other miscellaneous provisions
121. (Repealed)PART 13 - REPEAL AND TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Act No. 19 of 2004
- 124 Existing benefit sharing agreements with State
- 125 Existing permits, licences or other authorities
Division 2 - Repeal
- 136 Repeal
Division 3 - Transitional provisions for Biodiscovery and Other Legislation Amendment Act 2020
- 137 Definition for division
- 138 Liability for traditional knowledge obligation deferred until first code approved
- 139 Effect of traditional knowledge obligation on existing biodiscovery
- 140 Consultation about traditional knowledge code before commencement
- 141 Existing applications for collection authorities