Document ID: chunk:federal_register_of_legislation:C2025C00015:section:164
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 164
Character Range: 285401–287532

164  Revoking notice or declaration releasing goods from biosecurity control

Revoking notice given by biosecurity officer
 (1) A biosecurity officer may revoke a notice releasing goods from biosecurity control for the purposes of paragraph 162(1)(a) that was given to a person, by informing the person in writing or orally of the revocation. It does not matter whether the notice was given in writing (including by an automated electronic system) or orally.

Revoking notice given by biosecurity industry participant
 (2) If a biosecurity industry participant gave a person in charge of goods a written notice for the purposes of subparagraph 162(1)(b)(i) releasing them from biosecurity control, the biosecurity industry participant or a biosecurity officer may revoke the notice by informing the person in writing of the revocation.

Revoking declaration made by biosecurity industry participant
 (2A) If a biosecurity industry participant made a written declaration for the purposes of subparagraph 162(1)(b)(ii) releasing goods from biosecurity control, the biosecurity industry participant may, in writing, revoke the declaration.

Grounds for revocation and timing of revocation
 (3) Despite subsections (1), (2) and (2A), the biosecurity officer or biosecurity industry participant may revoke the notice, or the biosecurity industry participant may revoke the declaration, only if:
 (a) he or she suspects on reasonable grounds that the level of biosecurity risk associated with the goods is unacceptable; and
 (b) the revocation occurs before any of the conditions in paragraphs 162(1)(c), (d) and (e) exist in relation to the goods.

Effect of revocation
 (4) The revoked notice is taken never to have been given or the revoked declaration is taken never to have been made. This has effect for the purposes of this Act, except this section.

Revocation not a legislative instrument
 (5) Neither of the following is a legislative instrument:
 (a) a revocation that is given in writing under subsection (1) or (2);
 (b) a revocation under subsection (2A).

Part 2—Biosecurity Import Risk Analyses

Division 1—Introduction