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BIOSECURITY ACT 2015 - SECT 358

Variation of biosecurity control order

Grounds for variation

             (1)  The Director of Biosecurity may vary a biosecurity control order that is in force under section 353 in relation to goods or premises and a disease or pest only if the Director is satisfied that:

                     (a)  the level of biosecurity risk posed by the disease or pest is no longer unacceptable; or

                     (b)  the powers specified in the order under paragraph 354(2)(d), (e) or (f) need to be varied (including by specifying additional powers referred to in those paragraphs) to manage the biosecurity risk posed by the disease or pest; or

                     (c)  the following circumstances apply:

                              (i)  another disease or pest (other than a disease or pest to which the order relates) may be present in or on the goods or premises;

                             (ii)  the other disease or pest is posing an unacceptable level of biosecurity risk;

                            (iii)  biosecurity measures need to be taken in relation to the goods or premises to manage the biosecurity risk posed by the other disease or pest; or

                     (d)  the variation is of a minor technical nature.

Limitation on specifying additional powers

             (2)  A biosecurity control order must not be varied to specify an additional power referred to in paragraph 354(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 variation relates is appropriate and adapted for the purpose of managing the biosecurity risk posed by the disease or pest.

Variation is not a legislative instrument

             (3)  A variation of a biosecurity control order must be in writing, but is not a legislative instrument.

When variation takes effect

             (4)  A variation of a biosecurity control order takes effect immediately after it is made.

Notice of varied order

             (5)  If a biosecurity control order (the original order ) in relation to goods or a conveyance is varied under this section, a biosecurity officer must:

                     (a)  give a copy of the varied order to a person in charge of the goods or conveyance, if it is practicable to do so; and

                     (b)  if it is not practicable to comply with paragraph (a)--affix a copy of the varied order to, or as near as reasonably practicable to, the goods or conveyance; and

                     (c)  remove any copies of the original order that were affixed to, or as near as reasonably practicable to, the goods or conveyance.

             (6)  If a biosecurity control order (the original order ) in relation to premises (other than a conveyance) is varied under this section, a biosecurity officer must:

                     (a)  give a copy of the varied order to the occupier of the premises, or another person who apparently represents the occupier, if it is practicable to do so; and

                     (b)  if it is not practicable to comply with paragraph (a)--affix a copy of the varied order to, or as near as reasonably practicable to, the premises; and

                     (c)  remove any copies of the original order that were affixed to, or as near as reasonably practicable to, the premises.

Note:          A person may contravene a civil penalty provision for interfering with, removing or defacing a copy of a biosecurity control order that is affixed to, or as near as reasonably practicable to, goods or a conveyance or other premises under subsection (5) or (6) (see section 363).



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