Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY ACT 2015 - SECT 379

Powers that may be exercised--general

             (1)  The powers set out in Division 3 of Part 2 (biosecurity risk assessment powers) (other than the powers set out in section 321 (movement of goods or conveyances) and sections 324 and 325 (operating electronic equipment)) may be exercised in relation to goods or premises in a permanent biosecurity monitoring zone in accordance with that Division.

             (2)  The following powers may also be exercised by a biosecurity officer in, or in relation to goods or premises in, a permanent biosecurity monitoring zone:

                     (a)  the power to cause the biosecurity monitoring zone to be identified (whether by affixing notices or by markings or otherwise);

                     (b)  the power to cause goods or premises in the biosecurity monitoring zone to be identified (whether by affixing notices or by markings or otherwise);

                     (c)  the power to set traps or set up equipment or other structures in the biosecurity monitoring zone;

                     (d)  any other power prescribed by the regulations for the purposes of this paragraph.

             (3)  Regulations made for the purposes of paragraph (2)(d) must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken:

                     (a)  a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 (biosecurity measures that may be included in a human biosecurity control order);

                     (b)  a biosecurity measure of a kind set out in Division 3 of Part 2 of this Chapter (biosecurity risk assessment powers);

                     (c)  a biosecurity measure of a kind set out in Division 2 of Part 3 of this Chapter (powers to require biosecurity measures to be taken);

                     (d)  a biosecurity measure of a kind provided by regulations made for the purposes of section 346 (other biosecurity measures);

                     (e)  a biosecurity measure of a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).

             (4)  The powers referred to in subsections (1) and (2) may be exercised in, or in relation to goods or premises in, a permanent biosecurity monitoring zone for the purpose of monitoring whether a disease or pest that a biosecurity officer suspects, on reasonable grounds, may pose an unacceptable level of biosecurity risk:

                     (a)  has entered, or has emerged, established itself or spread in, the zone; or

                     (b)  is likely to enter, or to emerge, establish itself or spread in, the zone.

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:       Before exercising a power in a permanent biosecurity monitoring zone, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).

Note 5:       A biosecurity officer may be assisted by other persons in exercising powers in a permanent biosecurity monitoring zone (see section 536).

Note 6:       See Subdivision C for civil penalty provisions.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback