Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires —
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 Biological Control Authority
of Western Australia established by section 8;
Commonwealth Act means the Biological Control
Act 1984 of the Commonwealth;
control , in relation to organisms,
includes —
(a)
reduce the number of those organisms;
(b)
prevent an increase in the number of those organisms;
(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)
subject to paragraph (b), the Agriculture and Resource Management Council
of Australia and New Zealand, whether known by that or any other name; or
(b) if
another body is prescribed by 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);
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 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 and the
Australian Capital 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
or the Australian Capital 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;
(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 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.
[Section 3 amended by No. 13 of 1996
s. 4; No. 55 of 2004 s. 64.]