Variations, changes, suspensions and revocations to class 19 approved arrangements

The department must make a decision to either approve or refuse your application to vary within 90 days of receipt of your complete application. Please note, where your application is incomplete, the 90 day consideration period does not commence and we will return your application for completing.

If the department does not make a decision within this time your application will be refused. If you want to continue with your application after it has been refused due to the consideration period lapsing, you will need to lodge a new application.

The consideration period is a legislative requirement, the department is required to make a decision on your application within this timeframe. Requests to reduce or extend a consideration period from an applicant cannot be facilitated.

Note: Applications are generally processed within the consideration period.

If the department requires further information from you to support your application, you will receive a formal notice requesting this information. The request will include the date by which the information must be provided to the department.

The date will generally be 14 calendar days from the date of the request. The 90 day consideration period will be extended by the amount of time it takes you to provide the requested information (up to the maximum time stated in the notice).

If you do not supply the information by the date on the request your application may be refused. If you want to continue with your application after it has been refused, you will need to lodge a new application.

To obtain approval of an application to vary, you will need to:

• complete an application to vary, which includes the fit and proper person test
• satisfy the conditions as detailed in the approved arrangement general policies and applicable class conditions
• meet any other requirements, conditions or directions as set by the department.

Applications are subject to approval by the Director of Biosecurity and will be assessed on their individual merits, with consideration being given to the:

• capability of the applicant to carry out the arrangement
• applicant having any necessary equipment and facilities to carry out the arrangement
• applicant being a fit and proper person
• level of biosecurity risk associated with the proposed arrangement
• capability of the arrangement to be monitored for compliance with the Biosecurity Act 2015.

An entity debt check is conducted as part of the fit and proper person test. An application will not be approved if the entity has overdue debt with the department. Please ensure you check your entities debt status before completing your fit and proper persons questionnaire, you can contact Accounts Receivable for this information, please phone 1800 647 531 or email AR helpdesk.

For a complete application the following process will apply:

• an initial assessment of your application and accompanying documentation is conducted
• where an application is complete the department will notify you that the consideration period has commenced
• fit and proper person status is assessed
• requests for information are issued (as required)
• when the full assessment process is complete, a notice of approval or refusal of the application is issued
• where an additional class has been requested once a variation is approved the additional classes are activated and the industry participant can start operating under the arrangement
• where there has been a change to the approved arrangement manager once a variation is approved the person becomes responsible for the approved arrangement
• fees are applied in accordance with the charging guidelines

For an incomplete application the following process will apply:

• an initial assessment of your application and accompanying documentation is conducted
• where an application is found to be incomplete you will be contacted to provide details for the incomplete information
• your application is then placed on hold pending receipt of the incomplete information
• if the incorrect application has been used, you will be required to complete the correct one
• upon receipt of the additional information required, your application will be re-assessed
• if the application is found to be complete after re-assessment, the department will notify you that the consideration period has commenced the complete application process applies
  • where the additional information supplied is still incomplete, further details will be requested and the application put on hold until sufficient information has been provided.

Any time prior to your consideration periods end date, you may request to have your application withdrawn.

Withdrawn applications will not impact on future fit and proper person assessments for future applications. If an application is not withdrawn and it is refused by the delegate, future fit and proper person assessments will consider the refusal.

The approved arrangement manager or declarant listed on the application must make the withdrawal request in writing to the AEP Arrangements team.

Applications will be approved for ten years from the date of approval, unless specified otherwise by the delegate.

Variation applications will be charged fee-for-service rates for the time taken to assess the application. Information about current fees and levies are available on the department’s website.

To revoke the suspension before the end of the suspension period, contact the AEP Arrangements team at least 15 business days prior to the proposed date the suspension is to be lifted.

Suspensions will be charged fee-for-service rates for the time taken to conduct the assessment. The average assessment time for suspensions is one hour although some requests may take longer. If the assessment time is expected to be longer than five hours, the department will contact you to see if you wish to proceed.

Information about current fees and levies are available in the department’s charging guidelines.