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BIOSECURITY ACT 2015 - SECT 385

Content of a temporary biosecurity monitoring zone determination

             (1)  A temporary biosecurity monitoring zone determination must specify:

                     (a)  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 temporary biosecurity monitoring zone in accordance with that Division; and

                     (b)  each power set out in section 386 (additional temporary biosecurity monitoring zone powers) that may be exercised in, or in relation to goods or premises in, the temporary biosecurity monitoring zone in accordance with that section; and

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

             (2)  The following powers must not be specified in a temporary biosecurity monitoring zone determination under paragraph (1)(a):

                     (a)  the power set out in section 321 (movement of goods or conveyance);

                     (b)  the powers set out in sections 324 and 325 (operation of electronic equipment).

             (3)  The period during which a temporary biosecurity monitoring zone determination may be in force:

                     (a)  must not be longer than the Director of Biosecurity considers necessary to monitor whether a disease or pest that may pose an unacceptable level of biosecurity risk:

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

                             (ii)  is likely to enter, or to emerge, establish itself or spread in, the zone; and

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

             (4)  A power must not be specified in a temporary biosecurity monitoring zone determination under paragraph (1)(a) or (b) unless the Director of Biosecurity is satisfied that the exercise of the power is appropriate and adapted 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.

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



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