Biosecurity Amendment Act (No 2) 2008

1: Title
This Act is the Biosecurity Amendment Act (No 2) 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2008-04-09 Biosecurity Act 1993
3: Principal Act amended
This Act Biosecurity Act 1993
4: Interpretation
Section 2(1) incidentally imported new organism .
5: Import health standards
Section 22
1A: An import health standard issued under this section applies to goods the importation of which involves, or might involve, an incidentally imported new organism.
6: New section 22A
The following section is inserted after section 22
22A: Process for independent review panel to be established
1: The Director-General must, by notice in the Gazette
2: The notice required by subsection (1) must cover the following matters:
a: the criteria for setting up an independent review panel; and
b: how the Director-General will appoint an independent review panel, including the knowledge and experience required for appointees; and
c: the procedures to be followed by—
i: a person eligible to seek a review under subsection (1)
ii: an independent review panel, in undertaking its review; and
d: the reporting requirements for an independent review panel.
3: The Director-General must receive any report from an independent review panel and, as soon as is reasonably practicable, determine the issue in dispute after taking into account the findings and recommendations of the independent review panel, giving reasons for that determination.
4: The Director-General must issue a notice under subsection (1) not later than 1 July 2008.
7: Restrictions on giving clearances
Section 28
1A: However, subsection (1) does not prohibit an inspector from giving a biosecurity clearance for goods the importation of which involves, or might involve, an incidentally imported new organism.
8: Validation of import health standards
1: Every import health standard issued before the commencement of this Act (including, but not limited to, the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia,
2: However, a validation of an import health standard under subsection (1)
9: Suspension of power to give biosecurity clearance
Despite section 8 section 26 Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia
a: received a report from an independent review panel set up in consultation with the National Beekeepers Association of New Zealand to consider the scientific evidence in dispute in relation to that import health standard; and
b: determined whether any amendment to that import health standard is necessary to achieve the purpose of Part 3
c: publicly notified that determination.
10: Validation of biosecurity clearances, etc
1: Any biosecurity clearances or the exercise of other powers under Part 3 Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia,
2: However, a validation under subsection (1) only applies to a biosecurity clearance or exercise of other power if, and to the extent that, the clearance or exercise of other powers is invalid because it applies to goods—
a: the importation of which involves, or might involve, an incidentally imported new organism; and
b: whose movement and use includes any new organisms incidentally imported while they remain in or on those goods.