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BIOSECURITY ACT 2015 - SECT 332

Circumstances in which powers set out in this Division may be exercised

             (1)  A power set out in a provision of this Division must not be exercised in relation to goods or premises in Australian territory unless:

                     (a)  the power is specified in a biosecurity control order that relates to the goods or premises; or

                     (b)  the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone.

Note 1:       A power set out in a provision of this Division that is specified in a biosecurity control order or a biosecurity response zone determination may be exercised for the purpose of managing the biosecurity risk posed by a disease or pest to which the order or determination relates (see sections 360 and 370).

Note 2:       Before exercising a power specified in a biosecurity control order or a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).

Note 3:       Part 5 deals with biosecurity response zones.

             (2)  This section has effect subject to subsection 399(2).

Note:          Subsection 399(2) provides that the powers set out in sections 333 and 334 (entry and exit requirements) may be exercised in relation to premises in a biosecurity activity zone.



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