Document ID: chunk:federal_register_of_legislation:C2024C00510:section:60b
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 60B
Character Range: 137497–139485

60B  Variation or revocation of suspension
 (1) The Minister may, by legislative instrument, vary or revoke a legislative instrument (the principal instrument) made under subsection 60A(1A), (1) or (1B) (whether or not the principal instrument has been varied under this section before).

Preconditions for variation
 (2) The Minister may vary the principal instrument only if:
 (a) the Minister has considered advice about the variation from the persons whose advice was considered for the purposes of making the principal instrument; and
 (b) the Minister is satisfied that the principal instrument as varied would help to reduce the threat to which the principal instrument relates and maintain adequate controls for the security of all security‑sensitive biological agents.

Preconditions for revocation
 (3) The Minister may revoke the principal instrument only if, after considering further advice from the persons whose advice was considered for the purposes of making the principal instrument:
 (a) the Minister is satisfied that the threat, or one of the threats, to which the principal instrument relates:
 (i) no longer exists; or
 (ii) is no longer such as to require the principal instrument to be in force to address that threat; or
 (b) the Minister is no longer satisfied that the principal instrument adequately addresses the threat, or one of the threats, to which it relates.

When variation or revocation commences
 (4) The variation or revocation commences:
 (a) on the day on which the instrument is made; or
 (b) if the instrument specifies a later day as the day on which it commences, on that day.
 (5) Subsection (4) has effect despite section 12 of the Legislation Act 2003.
 (5A) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to the variation or revocation.

Relationship between subsection (1) and subsections (2) and (3)
 (6) Subsection (1) has effect subject to subsections (2) and (3).