Biological Control (Miscellaneous) Amendment Act 2016 (SA)

South Australia

Biological Control (Miscellaneous) Amendment Act 2016

An Act to amend the Biological Control Act 1986.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Biological Control (Miscellaneous) Amendment Act 2016.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Biological Control Act 19864Amendment of section 3 – Interpretation

1. (1)

   Section 3(1), definitions of kind and organism—delete the definitions and substitute:

   kind, in relation to live organisms, viruses or sub‑viral agents, means species, sub‑species or variety;

   organism means—

   1. (a)

      an organism (whether alive or dead and whether or not indigenous to Australia) other than a human; or

   2. (b)

      a part of, or matter discharged from, an organism within the meaning of paragraph (a); or

   3. (c)

      a virus or sub‑viral agent;

2. (2)

   Section 3(1), definition of prescribed live organisms—delete the definition and substitute:

   prescribed organisms means organisms that are—

   1. (a)

      live organisms; or

   2. (b)

      viruses or sub‑viral agents,

   but does not include live vaccines or resistant cultivars;

5Amendment of section 4 – Biological control

Section 4—delete "live" and substitute:

prescribed

6Amendment of section 19 – Agent organisms

Section 19(1)—delete "live"

7Amendment of section 20 – Agent application

Section 20(1)—delete "live"

8Amendment of section 24 – Notice of proposed agent organisms

Section 24(1)—delete "live"

9Amendment of section 28 – Emergency declarations

Section 28(1)(b)—delete "live"

10Amendment of section 29 – Declaration of existing released organisms

Section 29(1)(a)—delete "live"

11Amendment of section 32 – Declaration of organisms declared under a relevant law

Section 32(2)(a)—delete "live"

12Amendment of section 35 – No legal proceedings to be instituted in respect of release of agent organisms under a relevant law

Section 35(2)—delete "live"