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BIOSECURITY ACT 2015 - SECT 138

Powers of biosecurity officer if biosecurity measures are required

  (1)   If a biosecurity officer requires a biosecurity measure to be taken in relation to goods under section   132 (movement), section   133 (treatment), section   136 (destruction) or a regulation made for the purposes of section   137, a biosecurity officer may:

  (a)   direct a person in charge of the goods to carry out the biosecurity measure; or

  (b)   carry out the biosecurity measure; or

  (c)   arrange for another person with appropriate qualifications or expertise to carry out the biosecurity measure.

Note 1:   Section   136 sets out prerequisites to a biosecurity officer taking certain actions under this section in relation to a requirement under section   136 to destroy high - value goods.

Note 2:   A person who is given a direction under paragraph   (1)(a) of this section may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section   140).

Note 3:   See also section   572 (general provisions relating to directions).

  (2)   If, under this section, a biosecurity officer:

  (a)   gives a direction to a person to carry out a biosecurity measure; or

  (b)   arranges for another person with appropriate qualifications or expertise to carry out a biosecurity measure;

a biosecurity officer may supervise the taking of the biosecurity measure.


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