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BIOSECURITY ACT 2015 - SECT 213

Powers of biosecurity officer if biosecurity measures are required

  (1)   If a biosecurity officer requires a biosecurity measure to be taken in relation to a conveyance under section   208 or 209 (treatment), section   210 (destruction) or a regulation made for the purposes of section   212, a biosecurity officer may:

  (a)   direct the person in charge of the conveyance to carry out the biosecurity measure, unless the measure is destruction of the conveyance; or

  (b)   direct the operator of the conveyance to arrange for the biosecurity measure to be carried out; or

  (c)   direct the owner of the conveyance to arrange for the biosecurity measure to be carried out, if the measure is destruction of the conveyance; or

  (d)   carry out the biosecurity measure; or

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

Note 1:   Sections   210 and 211 set out prerequisites to a biosecurity officer taking certain actions under this section in relation to a requirement under section   210 to destroy a conveyance.

Note 2:   A person who is given a direction under paragraph   (1)(a), (b) or (c) of this section may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section   215).

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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