Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 366

  (1)   A biosecurity response zone determination must state that:

  (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 zone; 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.

  (2)   A biosecurity response zone determination must also specify:

  (a)   each disease or pest that:

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

  (ii)   has been identified; and

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

  (c)   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 goods or premises in the biosecurity response zone in accordance with that Division; and

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

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

  (f)   each power set out in section   367 (additional biosecurity response zone powers) that may be exercised in, or in relation to goods or premises in, the biosecurity response zone in accordance with that section; and

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

  (3)   The period during which a biosecurity response zone determination 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 determination relates; and

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

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

  (5)   If a biosecurity response zone determination ceases to be in force, the Director of Biosecurity may make another biosecurity response zone determination specifying the same area covered by the previous biosecurity response zone determination.