South Australian Consolidated Acts

BIOLOGICAL CONTROL ACT 1986 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"agent application" means an application under section 20;

"agent organisms" means organisms in respect of which there is in force a declaration by the Authority, under section 27, 28, 29 or 32, that the organisms are agent organisms for the purposes of this Act;

"agent recommendation" means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be agent organisms for the purposes of this Act;

"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 South Australian Biological Control Authority established by section 8;

"Commonwealth Act" means the Biological Control Act 1984 of the Commonwealth as amended from time to time;

"control", in relation to organisms, includes—

            (a)         reduce the number of those organisms; and

            (b)         prevent an increase in the number of those organisms; and

            (c)         reduce the activity or appetite of some or all of those organisms; and

            (d)         modify the behaviour or characteristics of some or all of those organisms;

"Council" means—

            (a)         the body known as the Agriculture and Resource Management Council of Australia and New Zealand; or

            (b)         if another body is prescribed by the regulations for the purposes of this definition, that other body;

"kind", in relation to live organisms, 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);

"organisation" includes—

            (a)         a body corporate; and

            (b)         an association or other body of persons; and

            (c)         an association that consists of 2 or more organisations referred to in paragraphs (a) and (b);

"person" includes an organisation;

"prescribed live organisms" means live organisms other than live vaccines or resistant cultivars;

"relevant law" means a law declared by the Authority under section 5 to be a relevant law for the purposes of this Act;

"State" includes the Northern Territory;

"target application" means an application under section 11;

"target organisms" means organisms in respect of which there is in force a declaration by the Authority, under section 18, 28, 29 or 32, that the organisms are target organisms for the purposes of this Act;

"target recommendation" means a recommendation to the Authority by the Council that organisms of a particular kind should be declared to be target organisms for the purposes of this Act;

"Territory" does not include the Northern Territory.

        (2)         For the purposes of this Act, organisms of a particular kind shall be taken to cause harm if the control of those organisms would be for the public benefit.

        (3)         For the purposes of this Act, organisms of a particular kind shall be taken to cause harm in the State if they cause harm in a part or parts only of the State.

        (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; and

            (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; and

            (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 authorised to act as a member of the Council in place of another person, then, while the firstmentioned person is so acting, the firstmentioned 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 organisms of a particular kind should be declared to be agent organisms for the purposes of this Act includes a reference to a recommendation that organisms of a particular kind should be so declared if organisms to which a target recommendation applies are declared to be target organisms for the purposes of this Act.

        (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.