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BIOSECURITY ACT 2015 - SECT 461

Biosecurity control orders--making orders

             (1)  During a biosecurity emergency period, the Director of Biosecurity may make a biosecurity control order under section 353 in relation to goods or premises if the Director is satisfied that biosecurity measures need to be taken in relation to the goods or premises to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory.

Note 1:       During a biosecurity emergency period, the powers specified in a biosecurity control order can be exercised on premises entered without a warrant or consent (see Division 6).

Note 2:       For modifications of Part 4 of Chapter 6 (biosecurity control orders) in relation to biosecurity control orders made in accordance with this section, see section 464.

             (2)  To avoid doubt, a biosecurity control order may be made in accordance with subsection (1) despite subsection 353(1).

Note:          Biosecurity control orders can also be made under subsection 353(1) without the modifications provided by this section (see subsection 458(2)).

             (3)  For the purposes of this Act, a biosecurity control order that is made in accordance with subsection (1) of this section is taken to have been made under subsection 353(1).

             (4)  A biosecurity control order made in accordance with subsection (1) must:

                     (a)  despite subsection 354(1), state that the Director is satisfied that biosecurity measures need to be taken in relation to the goods or premises to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory; and

                     (b)  specify under paragraph 354(2)(b) only the declaration disease or pest.



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