Part 6Administrative provisions
Administrative powers
121BProhibition or control of certain tests
The Governor-General may by Order in Council, prohibit any test, or control the use of any test by making that test subject to conditions imposed by a chief technical officer if the prohibition or control of that test is necessary for—
- the eradication or effective management of any pest or unwanted organism; or
- the provision of assurances and certificates in relation to exports of organisms and their products.
No person may—
- carry out any test prohibited by an Order in Council made under this section:
- carry out any test controlled by an Order in Council made under this section other than in accordance with the conditions imposed by a chief technical officer.
No person may act in a manner that the person knows or suspects is likely to alter a response to a controlled test.
For the purposes of this section a test means a test carried out for any of the purposes specified in section 121(1A).
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 121B: inserted, on , by section 82 of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 121B(1)(a): amended, on , by section 51(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 121B(4): amended, on , by section 51(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 121B(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).