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BIOSECURITY ACT 2015 - SECT 32

The principles

             (1)  This section applies (subject to subsection (4)) to a biosecurity official who is making a decision to exercise a power in accordance with a provision of this Act referred to in the following table or an instrument in force under such a provision.

 

Provisions to which decision-making principles apply

Item

Power

Provision

1

Power of Director of Biosecurity to give approval for requiring high-value goods to be destroyed

Subsection 136(2)

2

Power of Director of Biosecurity to give approval for a direction requiring an aircraft or vessel to be moved to a place outside Australian territory

Paragraph 206(3)(a)

3

Power of Director of Biosecurity to give approval to cause an aircraft or vessel to be moved to a place outside Australian territory

Paragraph 206(3)(b)

4

Power of Director of Biosecurity to give approval for a conveyance to be removed from Australian territory, destroyed or otherwise disposed of

Paragraph 209(5)(d)

5

Power of Director of Biosecurity to give approval for requiring a conveyance to be destroyed and for destroying it

Subsection 210(2) and paragraph 210(5)(e)

6

Power of Director of Biosecurity to give approval for a direction requiring an aircraft not to land at any landing place in Australian territory

Subsection 241(2)

7

Power of Director of Biosecurity to give approval for a direction requiring a vessel not to be moored at any port in Australian territory

Subsection 249(2)

8

Power of biosecurity officer or biosecurity enforcement officer to enter premises at a landing place or port in Australian territory

Subsection 252(2)

9

Power of Director of Biosecurity to give a direction about movement of a vessel that may have been involved in the commission of an offence against Chapter 5 (ballast water and sediment)

Section 303

10

Any power that may be exercised by a biosecurity official

Chapter 6 (managing biosecurity risks: monitoring, control and response)

11

Any power that may be exercised by a biosecurity official

Divisions 5 and 6 of Part 1 of Chapter 8 (biosecurity emergencies)

12

Any power that may be exercised by a biosecurity official

Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination)

13

Power of Director of Biosecurity to deal with an abandoned conveyance

Section 629

14

Power of Director of Biosecurity to deal with a forfeited conveyance

Section 630

Principles affecting decision-making

             (2)  Before the biosecurity official makes the decision, the biosecurity official must be satisfied of all of the following:

                     (a)  that exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised;

                     (b)  that exercising the power is appropriate and adapted to achieve that purpose;

                     (c)  that the manner in which the power is to be exercised is no more restrictive or intrusive than is required in the circumstances;

                     (d)  if the power is to be exercised in relation to an individual--that the power is no more restrictive or intrusive than is required in the circumstances;

                     (e)  if the power is to be exercised during a period--that the period is only as long as is necessary.

Powers that are to be exercised in relation to a conveyance

             (3)  If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.

Exceptions to application of the principles

             (4)  Subsection (2) does not apply in relation to the making of a biosecurity control order or the making of a legislative instrument under Chapter 6 (including a biosecurity control order or a legislative instrument made under that Chapter in accordance with Division 5 or 6 of Part 1 of Chapter 8 (biosecurity emergencies)).

Note:          For principles affecting the exercise of a power under Chapter 2 (managing biosecurity risks: human health), see section 34.



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