Biosecurity Act 1993

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23 From draft to recommendation

(1)

A chief technical officer begins the process of making an import health standard by analysing or assessing the risks associated with importing a class or description of goods.

(2)

If the officer considers that a standard could effectively manage the risks, the officer may draft a proposed standard.

(3)

The officer must consult the following persons about the draft standard:

(a)

the chief executive of every department whose responsibilities for human health or natural resources may be adversely affected by it; and

(b)

any other persons the officer considers to be representative of the classes of persons having an interest in it.

(4)

In the course of developing the version of the standard for recommendation to the Director-General, the officer—

(a)

must have regard to the matters raised by the persons consulted; and

(b)

must have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard:

(i)

the likelihood that the goods will import organisms:

(ii)

the nature of the organisms that the goods may import:

(iii)

the possible effect on human health, the New Zealand environment, and the New Zealand economy of the organisms that the goods may import:

(iv)

New Zealand’s obligations under international agreements other than the SPS Agreement; and

(c)

must be satisfied that the requirements proposed for inclusion in the standard are consistent with New Zealand’s obligations under the SPS Agreement; and

(d)

must have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:

(i)

the extent to which the requirements reduce or manage the likelihood of adverse effects from organisms that may be imported on the goods or in association with the goods:

(ii)

the extent to which the requirements reduce or manage the impacts of adverse effects from organisms that may be imported on the goods or in association with the goods; and

(e)

may have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:

(i)

the direct cost of the requirements on importers:

(ii)

the direct cost of the requirements on the Crown:

(iii)

other economic factors involved in implementing the requirements:

(iv)

technical and operational factors involved in implementing the requirements; and

(f)

must ensure, in relation to post-clearance requirements proposed for inclusion in the standard, that—

(i)

there is an identifiable class of persons who will be subject to the requirements; and

(ii)

it is reasonably practicable to notify the persons who will be subject to the requirements about the requirements; and

(iii)

the requirements are reasonably capable of being enforced; and

(g)

may have regard to any other matters that the officer considers relevant to achieving the purpose of this Part.

(5)

The officer then recommends to the Director-General that the Director-General issue the standard.

Section 23: replaced, on 18 September 2012, by section 20 of the Biosecurity Law Reform Act 2012 (2012 No 73).