Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:44
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 44
Character Range: 120590–123163

44  Varying or revoking conditions of, or imposing further conditions on, permit
 (1) This section is made for the purposes of subsection 180(2) of the Act.
 (1A) Before the Director of Biosecurity varies or revokes a condition of a permit, or imposes a further condition on a permit, granted under section 179 of the Act:
 (a) a risk assessment must be conducted by a biosecurity worker in relation to the goods to which the permit relates; and
 (b) the Director of Biosecurity must be satisfied that the ALOP for Australia was applied in the conduct of the risk assessment.
Note: ALOP (short for Appropriate Level of Protection) has the meaning given by section 5 of the Act.
 (2) In deciding whether to vary or revoke a condition of a permit granted under section 179 of the Act, the Director of Biosecurity must consider:
 (aa) the risk assessment that was conducted in relation to the goods to which the permit relates; and
 (a) the level of biosecurity risk associated with the goods to which the permit relates; and
 (b) whether the condition imposed on the permit is necessary to reduce the level of biosecurity risk associated with the goods to an acceptable level; and
 (c) personal information that was required to be provided with the application for the permit under section 531 of the Act.
 (3) In deciding whether to impose a further condition on a permit granted under section 179 of the Act, the Director of Biosecurity must consider:
 (aa) the risk assessment that was conducted in relation to the goods to which the permit relates; and
 (a) the level of biosecurity risk associated with the goods to which the permit relates; and
 (b) whether imposing a further condition on the permit is necessary to reduce the level of biosecurity risk associated with the goods to an acceptable level; and
 (c) personal information that was required to be provided with the application for the permit under section 531 of the Act.
 (5) In deciding whether to vary or revoke a condition of, or impose a further condition on, a permit, the Director of Biosecurity may also consider:
 (a) whether the holder of the permit is a fit and proper person (having regard to the matters referred to in section 530 of the Act); and
 (b) whether the holder of the permit is an associate of a person who applied under section 177 of the Act for a permit and whose application was refused (whether or not the person's application related to goods of the same kind); and
 (c) any other matters relating to the goods or the holder of the permit that the Director considers relevant.