Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 362

Power to secure goods or premises to deal with another disease or pest

             (1)  This section applies if:

                     (a)  a biosecurity control order is in force under section 353 in relation to goods or premises (the relevant goods or premises ) and a disease or pest; and

                     (b)  a biosecurity officer enters premises, as authorised by section 361, for the purpose of exercising powers in accordance with section 360 in relation to the relevant goods or premises.

             (2)  The biosecurity officer may secure the relevant goods or premises for up to 24 hours if:

                     (a)  in the course of exercising powers in accordance with section 360, the biosecurity officer suspects, on reasonable grounds, that:

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

                             (ii)  the other disease or pest may pose an unacceptable level of biosecurity risk; and

                     (b)  the biosecurity officer believes, on reasonable grounds, that it is necessary to secure the relevant goods or premises, without the authority of a biosecurity risk assessment warrant or a biosecurity control order warrant, in order to manage the biosecurity risk posed by the other disease or pest.

Note:          The Director of Biosecurity may vary the biosecurity control order under section 358 for the purpose of allowing powers to be exercised to manage any biosecurity risk posed by the other disease or pest. If the order is varied, a new biosecurity control order warrant may be needed to authorise a biosecurity officer to re-enter the premises to exercise powers specified in the varied biosecurity control order to manage the biosecurity risk posed by the other disease or pest.



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