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BIOSECURITY ACT 2015 - SECT 365

Director of Biosecurity may determine biosecurity response zone

  (1)   The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity response zone if:

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

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

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

  (b)   the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.

Note 1:   This Chapter does not apply in relation to certain goods or conveyances (see section   312).

Note 2:   Premises include a conveyance (see paragraph   (a) of the definition of premises in section   9).

Note 3:   See section   310 in relation to the meaning of biosecurity risk in this Chapter.

Note 4:   For variation and revocation of the determination, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (2)   The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity response zone even if the area, or a part of the area, is part of:

  (a)   another biosecurity response zone; or

  (b)   a biosecurity monitoring zone; or

  (c)   a biosecurity activity zone.

  (3)   A biosecurity response zone determination may relate to more than one disease or pest.

  (4)   A determination made under subsection   (1) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the determination.



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