Biosecurity Act 1993

Savings and transitional provisions

172: Transition of emergency proclamations

You could also call this:

"What happens to emergency declarations when the Biosecurity Act 1993 starts"

When the Biosecurity Act 1993 starts, you need to know what happens to emergency proclamations that are already in place. If the Governor-General has made a declaration of an animal disease emergency, the proclamation and some parts of the Animals Act 1967 will still apply, even though those parts of the Act are repealed by section 167(1). This will keep happening as long as the proclamation is in force.

If the Governor-General has made a declaration of a plant disease emergency, the proclamation and some parts of the Plants Act 1970 will still apply, even though those parts of the Act are repealed by section 167(1) of the Biosecurity Act 1993. The parts of the Plants Act 1970 that will still apply are sections 12 and 13. This will keep happening as long as the proclamation is in force.

You should understand that these proclamations can stay in effect for a while, even after the Biosecurity Act 1993 commences, as long as they have not been cancelled or changed.

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Part 10Savings and transitional provisions

172Transition of emergency proclamations

  1. If a declaration of an animal disease emergency made by the Governor-General by Proclamation is in force on the commencement of this Act, the Proclamation and sections 30 and 31 of the Animals Act 1967 shall, notwithstanding the repeal of those sections by section 167(1), continue in effect for so long as the Proclamation remains in force.

  2. If a declaration of a plant disease emergency made by the Governor-General by Proclamation is in force on the commencement of this Act, the Proclamation and sections 12 and 13 of the Plants Act 1970 shall, notwithstanding the repeal of those sections by section 167(1) of this Act, continue in effect for so long as the Proclamation remains in force.