Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_46a:p2
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 46A (pt 2/4)
Character Range: 96133–98772

regard to the nature of the goods, the proposed procedures and the level of quarantine risk; and
 (c) whether the location of the place is appropriate, and whether the construction of the premises, equipment and other facilities and the services provided at the place are adequate, having regard to the nature of the goods, the proposed procedures and the level of quarantine risk; and
 (d) whether the place is sufficiently close to the nearest place where duties are regularly performed by quarantine officers who could appropriately be called upon to check whether this Act is being complied with in relation to the place and the goods; and
 (e) whether the applicant has the capacity to comply with the proposed procedures; and
 (f) whether any person who manages or controls, or is an occupier of, the place or would be carrying out the proposed procedures, has, subject to Part VIIC of the Crimes Act 1914, been convicted of:
 (i) an offence against this Act; or
 (ii) an offence against the Customs Act 1901 in relation to the importation or movement of, or an interference with, goods; or
 (iii) an offence against any other Act prescribed for the purposes of this section; and
 (g) any other matters that the Director thinks relevant.

Period of approval

 (5) An approval has effect for a period (not exceeding one year) specified in the approval but, subject to subsection (6), may be renewed on one or more occasions.

When application to be made

 (6) An application for the renewal of an approval is to be made:
 (a) within the period of 3 months immediately before the end of the period of approval; or
 (b) if a Director of Quarantine consents, after the end of the period of approval.

Renewal given after expiry of approval to have retrospective effect

 (7) If an approval is renewed at any time after the end of the period of approval, the period for which the renewed approval has effect is taken to have begun at the end of the period of the previous approval.

Offences for recklessly contravening conditions

 (8) A person is guilty of an offence if:
 (a) an approval was given to the person subject to a condition; and
 (b) the condition is contravened; and
 (c) the person is reckless as to whether or not the condition is contravened.

Maximum penalty: Imprisonment for 2 years.

Criteria for suspending or revoking approvals

 (9) The grounds on which a Director of Quarantine may suspend or revoke an approval are:
 (a) that any of the procedures (the procedures) carried out in relation to the goods at the approved place:
 (i) cannot be carried out without an unacceptably high level of quarantine risk;