Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 34

The principles

             (1)  This section applies (subject to subsections (3) and (4)) to a person who is making a decision to exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter, in order to manage the risk of:

                     (a)  contagion of a listed human disease; or

                     (b)  a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory.

Note:          A person may exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter during a human biosecurity emergency (see Part 2 of Chapter 8).

Principles affecting decision-making

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

                     (a)  that exercising the power, or imposing the biosecurity measure, is likely to be effective in, or to contribute to, managing the risk;

                     (b)  that exercising the power, or imposing the biosecurity measure, is appropriate and adapted to manage the risk;

                     (c)  that the circumstances are sufficiently serious to justify exercising the power, or imposing the biosecurity measure;

                     (d)  that the power, or the biosecurity measure, is no more restrictive or intrusive than is required in the circumstances;

                     (e)  that the manner in which the power is to be exercised, or the biosecurity measure is to be imposed, is no more restrictive or intrusive than is required in the circumstances;

                      (f)  if the power is to be exercised or the biosecurity measure imposed during a period--that the period is only as long as is necessary.

             (3)  Subsection (2) does not apply in relation to the making of a legislative instrument under this Chapter in relation to a class of individuals.

             (4)  Subsection (2) does not apply in relation to the making of a decision to require answers to questions or written information under Division 6 of Part 2.



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