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BIOSECURITY ACT 2015 - SECT 372

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

             (1)  This section applies if a biosecurity officer enters premises in a biosecurity response zone, as authorised by section 371, for the purpose of exercising powers in accordance with section 370 in relation to goods or premises (the relevant goods or premises ) in the zone.

             (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 370, the biosecurity officer suspects, on reasonable grounds, that:

                              (i)  another disease or pest (other than a disease or pest to which the biosecurity response zone determination 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 response zone warrant, in order to manage the biosecurity risk posed by the other disease or pest.

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

Note:       See also Division 4 of Part 2 and Division 5 of Part 3 for other offences and civil penalty provisions.



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