Biosecurity Act 1993

Government/industry agreement for readiness or response

100ZA: Industry organisation

You could also call this:

"Who can represent an industry group under the Biosecurity Act 1993"

The Minister decides if an organisation represents a sector. You are part of a sector when you work in a particular industry. The Minister looks at certain things to make this decision.

The organisation must be a formal company and represent the interests of a sector. When deciding this, the Minister thinks about things like whether businesses in the sector can join the organisation. The Minister also considers how many businesses in the sector are members of the organisation.

The organisation must talk to the sector about becoming part of an agreement. They discuss things like how the organisation will represent the sector's views and how they will pay for their commitments. The organisation must also think carefully about the views expressed during these discussions.

The organisation needs to have a plan to pay for its commitments or already have funding in place. The Minister publishes a notice in the Gazette if they are satisfied with the organisation. This notice says the organisation represents the sector for the purposes of this Part of the law.

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Part 5AGovernment/industry agreement for readiness or response

100ZAIndustry organisation

  1. An industry organisation is an organisation named in a notice published under subsection (2).

  2. If the Minister is satisfied that an organisation meets the criteria in subsections (3), (4), (6), (7), and (9), the Minister must publish a notice in the Gazette stating that the organisation named in the notice represents the sector specified in the notice for the purposes of this Part.

  3. The organisation must be a body corporate.

  4. The organisation must represent the interests of a sector.

  5. In deciding whether an organisation represents the interests of a sector, the Minister may include the following among the factors that the Minister takes into account:

  6. whether the businesses that comprise the sector that the organisation claims to represent are able to be members of the organisation or another body that is a member of the organisation:
    1. the proportion of businesses that comprise the sector that are members of the organisation or another body that is a member of the organisation:
      1. how accountable the executive of the organisation is to members of the organisation.
        1. The organisation must have consulted the sector that would be affected by the organisation becoming a party to the agreement about the following matters:

        2. the proposal that the organisation become a party to the agreement; and
          1. the way in which it is proposed that the sector's views will be represented by the organisation during joint decision-making under the agreement; and
            1. the arrangements proposed to fund the organisation’s commitments under the agreement.
              1. The organisation must have had due regard to the views expressed during the consultation.

              2. In deciding whether an organisation has had due regard to the views expressed during the consultation, the Minister must also have regard to the views expressed during the consultation.

              3. The organisation must—

              4. have arrangements in place to fund its commitments under the agreement; or
                1. have an adequate plan as to how it is going to fund its commitments under the agreement.
                  Notes
                  • Section 100ZA: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).