Biosecurity (Status of Specified Ports) Amendment Act 2005

1: Title
1: This Act is the Biosecurity (Status of Specified Ports) Amendment Act 2005.
2: In this Act, the Biosecurity Act 1993 the principal Act
2: Commencement
This Act comes into force on 13 December 2005.
3: Purpose
The purpose of this Act is to state—
a: the status under section 37
b: the consequences of the statements of status.
4: New section 184A inserted
The principal Act is amended by inserting, after section 184
184A: Designated as approved, or approved, ports
1: For the ports specified in Part A of Schedule 9
a: for the period between 1 July 1995 and 25 November 1997, each port is treated as having been designated as approved under section 37
b: for the period between 26 November 1997 and the date after 26 November 1997 on which the Director-General approves the port under section 37 section 37
c: for the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves a port under section 37 section 37
2: The effect of subsection (1) Schedule 9
a: the time occurred in the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves the port under section 37
b: throughout the time, the port had a place that—
i: was part of the port; and
ii: was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.
3: For the ports specified in Part B of Schedule 9 section 37
a: each port is treated as having been approved under section 37
b: every requirement of section 37
4: The effect of subsection (3) Schedule 9
a: the time occurred in the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves the port under section 37
b: throughout the time, the port had a place that—
i: was part of the port; and
ii: was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.
5: The ports specified in Schedule 9 section 37
a: for all kinds of aircraft, for each airport; and
b: for all kinds of vessels, for each other port.
6: The following provisions apply to a designation or an approval to which this section applies:
a: after consulting under section 37D section 37B
b: the designation or approval ceases to have effect in the manner and at the time stated in the suspension or revocation.
7: Subsections (1) to (6)
a: do not apply in civil proceedings commenced before 13 December 2005; and
b: apply in civil proceedings commenced on or after 13 December 2005; and
c: do not apply to conduct that—
i: resulted or could result in the entry of a conviction or the entry of a conviction and the imposition of a sentence; and
ii: occurred at a port before or in the period described for the port in subsection (8)
d: apply to conduct that occurs at a port after the period described for the port in subsection (8)
8: The periods are,—
a: for each port specified in Part A of Schedule 9
i: the date after 1 July 1995 on which the Director-General approves the port under section 37
ii: the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent; and
b: for each port specified in Part B of Schedule 9
i: the date after 25 May 1998 on which the Director-General approves the port under section 37
ii: the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent.
5: New Schedule 9 added
The principal Act is amended by adding the Schedule 9 set out in the Schedule.