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BIOSECURITY ACT 2015 - SECT 347

Powers of biosecurity officer if biosecurity measures are required

             (1)  If a biosecurity officer requires a biosecurity measure to be taken in relation to goods, a conveyance or premises under Subdivision C (treatment powers) or Subdivision D (destruction powers) of Division 2 of this Part, or under a regulation made for the purposes of section 346, a biosecurity officer may:

                     (a)  if the biosecurity measure is required in relation to goods--direct a person in charge of the goods to carry out the biosecurity measure; or

                     (b)  if the biosecurity measure is required in relation to a conveyance:

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

                             (ii)  if the measure is destruction of the conveyance--direct the operator or the owner of the conveyance to carry out the measure; or

                     (c)  if the biosecurity measure is required in relation to premises--direct the owner of the premises to carry out the biosecurity measure; or

                     (d)  in any case:

                              (i)  carry out the biosecurity measure; or

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

Note:          A person who is given a direction under paragraph (1)(a), (b) or (c) may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section 350).

             (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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