Document ID: chunk:federal_register_of_legislation:C2023A00062:clause:2_435a:p1
Version: federal_register_of_legislation:C2023A00062
Segment Type: clause
Provision Reference: sch 2 cl 435A (pt 1/2)
Character Range: 8184–11168

435A  Notice of proposed variation, suspension or revocation
 (1) For the purposes of subsection 413(3), 418(2) or 423(2), the relevant Director must give the biosecurity industry participant covered by an approved arrangement a notice before doing the following things:
 (a) varying under paragraph 413(1)(a) the conditions of the approved arrangement (including by imposing new conditions);
 (b) requiring under paragraph 413(1)(b) the biosecurity industry participant to vary the approved arrangement;
 (c) suspending under subsection 418(1) the approved arrangement or a part of the approved arrangement;
 (d) revoking under subsection 423(1) the approved arrangement.

Contents of notice
 (2) A notice under subsection (1) must:
 (a) be in writing; and
 (b) state the thing or things covered by subsection (1) that the relevant Director is considering doing; and
 (c) state the reasons for the relevant Director giving the notice; and
 (d) subject to subsection (3), invite the biosecurity industry participant to give the relevant Director, within 14 days after the day the notice is given to the biosecurity industry participant, a written submission in relation to the notice; and
 (e) include a statement setting out the biosecurity industry participant's right to seek review of a decision of the relevant Director to do a thing covered by subsection (1).
 (3) A notice under subsection (1) is not required to include the invitation referred to in paragraph (2)(d) in relation to a thing covered by subsection (1) if the relevant Director is satisfied that the grounds for doing that thing are serious and urgent.

Relevant Director may do more than one thing
 (4) If the relevant Director gives a biosecurity industry participant a notice under subsection (1), the relevant Director may do more than one thing covered by subsection (1) in connection with the giving of that notice.
Example: Assume the relevant Director gives a biosecurity industry participant a notice under subsection (1) stating the relevant Director is considering suspending the approved arrangement and is considering revoking the approved arrangement.
 Assume the relevant Director is satisfied the grounds for the suspension are serious and urgent. The relevant Director may decide to immediately suspend the approved arrangement (without inviting the biosecurity industry participant to give a written submission).
 Assume the relevant Director invites the biosecurity industry participant to give a written submission in relation to the revocation. The relevant Director is also able to decide to revoke the approved arrangement.

Reprimand
 (5) The relevant Director may give a biosecurity industry participant a notice in writing that reprimands the biosecurity industry participant for a matter specified in the notice if:
 (a) the relevant Director has given the biosecurity industry participant a notice under subsection (1); and
 (b) the relevant Director does none of the things covered by