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BIOSECURITY ACT 2015 - SECT 399

Powers that may be exercised

             (1)  The following powers may be exercised by a biosecurity officer in, or in relation to goods or premises in, a biosecurity activity zone:

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

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

                     (c)  the power to direct a person in the biosecurity activity zone to leave the biosecurity activity zone for a specified period (which must not be longer than 24 hours);

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

             (2)  The powers set out in sections 333 and 334 (entry and exit requirements) may also be exercised in relation to premises in a biosecurity activity zone in accordance with that section.

Note:          A person may commit an offence or contravene a civil penalty provision if the person fails to comply with a requirement imposed under section 333 or 334 that applies to the person (see section 349).

             (3)  Regulations made for the purposes of paragraph (1)(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 biosecurity activity zone for the purpose of managing biosecurity risks associated with the exercise of powers or the performance of functions or duties by, or on behalf of, the Commonwealth under this Act 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 biosecurity activity 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 biosecurity activity zone (see section 536).

Note 6:       See Division 4 for offences and civil penalty provisions.



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