Commonwealth Consolidated Acts

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Entry and exit etc. requirements--persons

Requirements may be imposed by notice in writing

             (1)  A biosecurity officer may, by notice in writing, impose any of the following requirements in relation to premises:

                     (a)  a requirement that persons entering or leaving the premises do so at specified places;

                     (b)  a requirement that specified classes of persons not enter the premises;

                     (c)  a requirement that persons entering, or in, the premises wear specified clothing or equipment (or both) that is designed to prevent a disease or pest from emerging, establishing itself or spreading in the premises;

                     (d)  a requirement that persons not interfere with the premises.

Note 1:       Premises include a conveyance (see paragraph (a) of the definition of premises in section 9).

Note 2:       The powers in this section may also be exercised in relation to premises in a biosecurity activity zone (see subsection 399(2)).

Note 3:       A person may commit an offence or contravene a civil penalty provision if the person fails to comply with a requirement imposed under this subsection that applies to the person (see section 349).

             (2)  If a notice under subsection (1) imposes the requirement referred to in paragraph (1)(c), the notice must also specify the following:

                     (a)  the circumstances in which a person is required to wear the clothing or equipment;

                     (b)  the period during which, or the times at which, the person is required to wear the clothing or equipment;

                     (c)  instructions for wearing the clothing or equipment.

             (3)  Except as permitted by paragraph (1)(b) or (c), a notice under subsection (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2.

Note:          That Subdivision sets out the biosecurity measures that may be included in a human biosecurity control order.

             (4)  However, subsection (3) does not prevent the Director of Biosecurity or a biosecurity officer exercising a power under Subdivision B of Division 2 of Part 4 of Chapter 10.

Note:          Under that Subdivision, a biosecurity officer may request an individual to be decontaminated, and may require an individual's clothing and any personal effects to be decontaminated.

Notice must be affixed to premises

             (5)  A notice under subsection (1) in relation to premises must be affixed at each entry and exit point of the premises.

Notice is not a legislative instrument

             (6)  A notice under subsection (1) is not a legislative instrument.

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