Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_52
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 52
Character Range: 78539–81012

52  Compliance agreements in force before commencement day

Compliance agreements continue as transitional approved arrangements
(1) This item applies in relation to a compliance agreement that was in force, or is taken to have been in force under subitem (2), between the Commonwealth and another person (in this Division called the other party) under section 66B of the Quarantine Act immediately before the commencement day.
Note: A compliance agreement that is taken to have been cancelled under item 55 immediately before the commencement day will not be in force for the purposes of this item.
(2) For the purposes of subitem (1), a compliance agreement is taken to have been in force under section 66B of the Quarantine Act immediately before the commencement day if a Director of Quarantine had decided to enter into the compliance agreement with another party before the commencement day, but the agreement had not been signed by the parties before that day.
(3) The compliance agreement has effect, on and after the commencement day, as if:
 (a) the agreement were an arrangement approved by the Director of Biosecurity, under section 406 of the Biosecurity Act, that provides for the other party to carry out the procedures covered by the agreement to manage biosecurity risks associated with the goods covered by the agreement; and
 (b) the other party were the holder of the approval.
Note: For the purposes of the Biosecurity Act, the arrangement is an approved arrangement and the other party is the biosecurity industry participant covered by the approved arrangement (see sections 10 and 14 of the Biosecurity Act).

Period during which transitional approved arrangement remains in force
(4) The approved arrangement (the transitional approved arrangement) that is taken to exist because of subitem (3) remains in force until the end (the cessation time) of the period of 18 months beginning on the commencement day, unless:
 (a) the period is extended under item 53; or
 (b) the arrangement is revoked earlier under Part 5 of Chapter 7 of the Biosecurity Act; or
 (c) the arrangement ceases to be in force under subitem (5).
(5) If:
 (a) a transitional approved arrangement is a compliance agreement that is taken to have been in force under subitem (2); and
 (b) the arrangement is not signed by the Director of Biosecurity within the period of 90 days beginning on the commencement day;
the arrangement ceases to be in force at the end of that period.