Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 354

  (1)   A biosecurity control order made under section   353 in relation to goods or premises and a disease or pest must state that:

  (a)   a biosecurity officer suspects, on reasonable grounds, that:

  (i)   a disease or pest may be present in or on the goods or premises; and

  (ii)   the disease or pest poses an unacceptable level of biosecurity risk; and

  (b)   the Director of Biosecurity is satisfied that biosecurity measures need to be taken in relation to the goods or premises for the purpose of managing the biosecurity risk posed by the disease or pest.

  (2)   The biosecurity control order must also specify the following:

  (a)   the goods or premises to which the order relates;

  (b)   each disease or pest that:

  (i)   poses an unacceptable level of biosecurity risk; and

  (ii)   has been identified;

  (c)   the nature of the biosecurity risk that needs to be managed;

  (d)   each power set out in Division   2 of Part   3 (powers to require biosecurity measures to be taken) that may be exercised in relation to the goods or premises in accordance with that Division;

  (e)   each power provided by regulations made for the purposes of section   346 (other biosecurity measures) that may be exercised in relation to the goods or premises in accordance with those regulations;

  (f)   each power set out in Division   3 of Part   2 (biosecurity risk assessment powers) that may be exercised in relation to the goods or premises in accordance with that Division;

  (g)   the period during which the order is to be in force.

  (3)   The period during which a biosecurity control order may be in force:

  (a)   must not be longer than the Director of Biosecurity considers necessary to manage the biosecurity risk posed by each disease or pest to which the order relates; and

  (b)   in any case, must not be longer than 12 months.

The period cannot be extended.

  (4)   A power must not be specified in a biosecurity control order under paragraph   (2)(d), (e) or (f) unless the Director of Biosecurity is satisfied that the exercise of the power in relation to the goods or premises and a disease or pest to which the order relates is appropriate and adapted for the purpose of managing the biosecurity risk posed by the disease or pest.

  (5)   If a conveyance is specified in a biosecurity control order under paragraph   (2)(a), the order is taken to also relate to any goods in or on the conveyance.

  (6)   If premises (other than a conveyance) are specified in a biosecurity control order under paragraph   (2)(a), the order is taken to also relate to any goods or conveyances on the premises.