Biosecurity and Other Legislation Amendment Regulation (No. 1) 2016


Queensland Crest

Part 1 Preliminary

1Short title

This regulation may be cited as the Biosecurity and Other Legislation Amendment Regulation (No. 1) 2016 .

Part 2 Amendment of Biosecurity Regulation 2016

2Regulation amended

This part amends the Biosecurity Regulation 2016 .

3Amendment of ch 2, pt 3, div 1, sdiv 1, hdg (Disposing of category 3 restricted matter)

Chapter 2, part 3, division 1, subdivision 1, heading, ‘Disposing of’—
omit, insert—
Ways for disposing

4Insertion of new s 11A

Chapter 2, part 3, division 1, subdivision 1——
insert—

11AWays of disposing of category 3 restricted matter—invasive animals

Category 3 restricted matter that is an invasive animal may be disposed of in a way authorised under another Act or a law of the Commonwealth.

5Insertion of new ch 2, pt 3, div 1, sdivs 1A and 1B

Chapter 2, part 3, division 1—
insert—

Subdivision 1A Purposes for disposing of category 3 restricted matter

11BObject of subdivision

This subdivision prescribes purposes for disposing of category 3 restricted matter for section 43(1)(f) of the Act.

11CDisposing of category 3 restricted matter—purpose authorised under another law

Category 3 restricted matter that is an invasive animal may be disposed of for a purpose authorised under another Act or a law of the Commonwealth.

Subdivision 1B Ways for distributing category 3 restricted matter

11DObject of subdivision

This subdivision prescribes ways for distributing category 3 restricted matter for section 43(1)(a) of the Act.

11EDistributing category 3 restricted matter—way authorised under another law

Category 3 restricted matter that is an invasive animal may be distributed in a way authorised under another Act or a law of the Commonwealth.

6Amendment of ch 2, pt 3, div 1, sdiv 2, hdg (Distributing category 3 restricted matter)

Chapter 2, part 3, division 1, subdivision 2, heading, ‘Distributing’—
omit, insert—
Purposes for distributing

7Insertion of new s 16A

Chapter 2, part 3, division 1, subdivision 2—
insert—

16ADistributing category 3 restricted matter—purpose authorised under another law

Category 3 restricted matter that is an invasive animal may be distributed for a purpose authorised under another Act or a law of the Commonwealth.

8Amendment of s 36 (Positive RAM statement)

Section 36(2), ‘division’—
omit, insert—
part

9Amendment of s 37 (Negative RAM statement)

Section 37(2), ‘division’—
omit, insert—
part

10Amendment of s 38 (Appearance of statement)

Section 38(1), ‘division’—
omit, insert—
part

11Amendment of s 51 (Cucumber green mottle mosaic virus carrier)

Section 51(3), definition cucumber green mottle mosaic virus carrier, paragraph (c), example, ‘harvesting bins,’—
omit.

12Amendment of s 53 (Giant pine scale carrier)

Section 53(4), definition giant pine scale carrier
omit, insert—
giant pine scale carrier means a carrier that is—
(a)a plant of the family Pinaceae; or

Examples of plants of the family Pinaceae—

cedar, fir, pine, spruce
(b)soil that has come into contact with a carrier mentioned in paragraph (a); or
(c)an appliance that has come into contact with a carrier mentioned in paragraph (a) or (b).

13Amendment of s 94 (Moving a sugar cane pest carrier into or from a sugar cane biosecurity zone)

Section 94(1)(b), after ‘the biosecurity zone’—
insert—
but within the State

14Amendment of s 123 (Appointment of inspectors—Act, section 242(1)(f))

(1)Section 123, heading, ‘section’—
omit, insert—
s
(2)Section 123(a)—
omit.
(3)Section 123(b) to (i)—
renumber as section 123(a) to (h).

15Amendment of s 124 (Appointment of authorised persons—Act, section 246(1)(b))

(1)Section 124, heading, ‘section’—
omit, insert—
s
(2)Section 124(a)—
omit, insert—
(a)holders who are individuals, and employees of holders, of a licence to sell S7 poisons, other than for human therapeutic use, granted under the Health (Drugs and Poisons) Regulation 1996 , section 233;

Part 3 Amendment of Chemical Usage (Agricultural and Veterinary) Control Regulation 1999

16Regulation amended

This part amends the Chemical Usage (Agricultural and Veterinary) Control Regulation 1999 .

17Amendment of s 4 (Purpose of pt 3)

Section 4, from ‘prescribes,’—
omit, insert—
prescribes—
(a)for the schedule of the Act, definition maximum residue limit, paragraph (a)—the MRL for the residue of a chemical mentioned in this part in or on agricultural produce; and
(b)for the schedule of the Act, definition maximum residue limit, paragraph (b)—the MRL for the residue of a chemical mentioned in this part in—
(i)the tissue of a trade species animal; or
(ii)a product derived from a trade species animal.