“184A Designated as approved, or approved, ports

• “(1) For the ports specified in Part A of Schedule 9, the following provisions apply:

  • “(a) for the period between 1 July 1995 and 25 November 1997, each port is treated as having been designated as approved under section 37; and

  • “(b) for the period between 26 November 1997 and the date after 26 November 1997 on which the Director-General approves the port under section 37, each port is treated as having been approved under section 37; and

  • “(c) for the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves a port under section 37, every requirement of section 37 concerning the port is treated as having been satisfied.

  “(2) The effect of subsection (1) is that a biosecurity control area existed at each port specified in Part A of Schedule 9 for the time to which both the following apply:

  • “(a) the time occurred in the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves the port under section 37; and

  • “(b) throughout the time, the port had a place that—

    • “(i) was part of the port; and

    • “(ii) was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.

  “(3) For the ports specified in Part B of Schedule 9, the following provisions apply for the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves each port under section 37:

  • “(a) each port is treated as having been approved under section 37; and

  • “(b) every requirement of section 37 concerning the port is treated as having been satisfied.

  “(4) The effect of subsection (3) is that a biosecurity control area existed at each port specified in Part B of Schedule 9 for the time to which both the following apply:

  • “(a) the time occurred in the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves the port under section 37; and

  • “(b) throughout the time, the port had a place that—

    • “(i) was part of the port; and

    • “(ii) was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.

  “(5) The ports specified in Schedule 9 are treated as having been designated as approved, or approved, under section 37—

  • “(a) for all kinds of aircraft, for each airport; and

  • “(b) for all kinds of vessels, for each other port.

  “(6) The following provisions apply to a designation or an approval to which this section applies:

  • “(a) after consulting under section 37D, the Director-General may suspend or revoke the designation or approval under section 37B; and

  • “(b) the designation or approval ceases to have effect in the manner and at the time stated in the suspension or revocation.

  “(7) Subsections (1) to (6)—

  • “(a) do not apply in civil proceedings commenced before 13 December 2005; and

  • “(b) apply in civil proceedings commenced on or after 13 December 2005; and

  • “(c) do not apply to conduct that—

    • “(i) resulted or could result in the entry of a conviction or the entry of a conviction and the imposition of a sentence; and

    • “(ii) occurred at a port before or in the period described for the port in subsection (8); and

  • “(d) apply to conduct that occurs at a port after the period described for the port in subsection (8).

  “(8) The periods are,—

  • “(a) for each port specified in Part A of Schedule 9, the period that starts on 1 July 1995 and ends on the earlier of the following dates:

    • “(i) the date after 1 July 1995 on which the Director-General approves the port under section 37; and

    • “(ii) the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent; and

  • “(b) for each port specified in Part B of Schedule 9, the period that starts on 25 May 1998 and ends on the earlier of the following dates:

    • “(i) the date after 25 May 1998 on which the Director-General approves the port under section 37; and

    • “(ii) the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 receives the Royal assent.”