This Act is the Biosecurity Amendment Act (No 2) 2008.

This Act comes into force on the day after the date on which it receives the Royal assent.

This Act amends the Biosecurity Act 1993.

Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order:

Section 22 is amended by inserting the following subsection after subsection (1):

The following section is inserted after section 22:

Section 28 is amended by inserting the following subsection after subsection (1):

(1) Every import health standard issued before the commencement of this Act (including, but not limited to, the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia, dated 2 August 2006) is, and has always been, as valid and effectual as if this Act had come into force on 29 July 1998.

(2) However, a validation of an import health standard under subsection (1) only applies if, and to the extent that, the import health standard is invalid because it applies to goods the importation of which involves, or might involve, an incidentally imported new organism.

Despite section 8, no biosecurity clearance may be given under section 26 of the principal Act for any goods to which the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia, dated 2 August 2006 applies, until the Director-General has—

• (a) received a report from an independent review panel set up in consultation with the National Beekeepers Association of New Zealand to consider the scientific evidence in dispute in relation to that import health standard; and

• (b) determined whether any amendment to that import health standard is necessary to achieve the purpose of Part 3 of the principal Act; and

• (c) publicly notified that determination.

(1) Any biosecurity clearances or the exercise of other powers under Part 3 of the principal Act before the commencement of this Act (including, but not limited to, biosecurity clearances given in accordance with the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia, dated 2 August 2006) are, and always have been, as valid and effectual as if this Act had come into force on 29 July 1998.

(2) However, a validation under subsection (1) only applies to a biosecurity clearance or exercise of other power if, and to the extent that, the clearance or exercise of other powers is invalid because it applies to goods—

• (a) the importation of which involves, or might involve, an incidentally imported new organism; and

• (b) whose movement and use includes any new organisms incidentally imported while they remain in or on those goods.