Quarantine Amendment (Disallowing Permits) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Quarantine Act 1908,
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and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Quarantine Amendment (Disallowing
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Permits) Act 2011.
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2 Commencement
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This Act commences on the day this Act receives the Royal
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Assent.
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Amendments Schedule 1
Quarantine Amendment (Disallowing Permits) Bill 2011 No. , 2011 3
Schedule 1--Amendments
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Quarantine Act 1908
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1 After subsection 13(2B)
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Insert:
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(2BA) A permit granted pursuant to a Proclamation made in accordance
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with subsection (2A) that provides for:
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(a) the importation of a thing, or a specified class of things, into
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Australia; or
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(b) the removal of a thing, or a specified class of things, from the
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Protected Zone or a Special Quarantine Zone to the rest of
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Australia;
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is a disallowable instrument for the purposes of section 46B of the
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Acts Interpretation Act 1901 unless:
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(c) a Director of Quarantine has made a determination under
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subsection (2BB) that relates to the thing, or class of things;
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and
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(d) the determination has not been disallowed, or taken to have
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been disallowed, under the Legislative Instruments Act 2003;
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and
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(e) the determination is no longer liable to be disallowed under
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that Act; and
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(f) the permit, including any conditions set out in the permit, is
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consistent with the determination.
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(2BB) A Director of Quarantine may, by legislative instrument, make a
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determination in relation to a thing, or a class of things, setting out
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the conditions (if any) to be complied with to limit the level of
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quarantine risk associated with the importation or removal of the
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thing, or class of things, to one that is, in the opinion of the
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Director, acceptably low.
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(2BC) At the same time as a determination under subsection (2BB) is laid
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before each House of the Parliament for the purposes of the
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Legislative Instruments Act 2003, the Minister must:
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(a) cause any risk analysis on which the determination is based
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to also be laid before each House; and
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Schedule 1 Amendments
4 Quarantine Amendment (Disallowing Permits) Bill 2011 No. , 2011
(b) cause a motion to be moved in each House to refer the
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determination to a committee of each House that is
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responsible for agricultural matters, for consideration and
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report to the respective Houses within 15 sitting days of the
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determination being referred.
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Commonwealth of Australia Bills