The Biosecurity Act contains the requirements that must be met for an industry organisation to sign the Deed. 

The five core requirements, which are outlined in s 100ZA, are:

1. Legal entity: an eligible industry organisation needs to be a body corporate 
2. Sector representation: the industry organisation must be able to demonstrate it represents the interests of the sector it wishes to represent. 
3. Funding arrangements: arrangements for meeting the organisation's minimum commitments and cost sharing commitments must be evident.
4. Consultation: the industry organisation needs to adequately consult the individuals they wish to represent. The consultation must explain and invite feedback on: 
   1. The proposal that the organisation become a party to the GIA; and
   2. The way in which it is proposed that the sector's views will be represented by the organisation during joint decision-making under the GIA; and
   3. The arrangements proposed to fund the organisation’s commitments under the GIA
5.  Sector feedback: the organisation must be able to show it has had due regard to the views of the sector that it received during consultation. The application should include a summary of the feedback received during consultation and how it was addressed.

What this means in practice is that an industry organisation must define the sector it represents, consult with sector participants to gain their support to sign the Deed and their acceptance of funding and representation arrangements and then apply to the Minister for Primary Industries for confirmation that it may sign the Deed. The application must include sufficient written evidence to show the requirements of s 100ZA have been satisfied.

Section 100ZA of the Biosecurity Act 1993

1. An industry organisation is an organisation named in a notice published under subsection (2).
2. If the Minister is satisfied that an organisation meets the criteria in subsections (3), (4), (6), (7), and (9), the Minister must publish a notice in the Gazette stating that the organisation named in the notice represents the sector specified in the notice for the purposes of this Part.
3. The organisation must be a body corporate.
4. The organisation must represent the interests of a sector.
5. In deciding whether an organisation represents the interests of a sector, the Minister may include the following among the factors that the Minister takes into account:
   1. whether the businesses that comprise the sector that the organisation claims to represent are able to be members of the organisation or another body that is a member of the organisation:
   2. the proportion of businesses that comprise the sector that are members of the organisation or another body that is a member of the organisation:
   3. how accountable the executive of the organisation is to members of the organisation.
6. The organisation must have consulted the sector that would be affected by the organisation becoming a party to the agreement about the following matters:
   1. the proposal that the organisation become a party to the agreement; and
   2. the way in which it is proposed that the sector's views will be represented by the organisation during joint decision-making under the agreement; and
   3. the arrangements proposed to fund the organisation’s commitments under the agreement.
7. The organisation must have had due regard to the views expressed during the consultation.
8. In deciding whether an organisation has had due regard to the views expressed during the consultation, the Minister must also have regard to the views expressed during the consultation.
9. The organisation must—
   1. have arrangements in place to fund its commitments under the agreement; or
   2. have an adequate plan as to how it is going to fund its commitments under the agreement.

​This page was last reviewed April 2023