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BIOSECURITY ACT 2015 - SECT 465

Biosecurity response zones

             (1)  During a biosecurity emergency period, the Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity response zone if the Director of Biosecurity is satisfied that it is necessary to make the determination to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory.

Note:          During a biosecurity emergency period, premises in a biosecurity response zone can be entered without a warrant or consent (see Division 6).

             (2)  To avoid doubt, a biosecurity response zone may be determined in accordance with subsection (1) despite subsection 365(1).

Note:          Biosecurity response zones can also be determined in accordance with subsection 365(1) without the modifications provided by this section (see subsection 458(2)).

             (3)  For the purposes of this Act, a determination made in accordance with subsection (1) of this section is taken to have been determined under subsection 365(1).

             (4)  A determination made in accordance with subsection (1) must:

                     (a)  despite subsection 366(1), state that the Director of Biosecurity is satisfied that it is necessary to make the determination 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 366(2)(a) only the declaration disease or pest.

Modification of Part 5 of Chapter 6

             (5)  Part 5 of Chapter 6 (biosecurity response zones) applies, in relation to a biosecurity response zone that is, or is to be, determined in accordance with this section, as if a reference to managing the biosecurity risk to which the biosecurity response zone determination relates included a reference to preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory.

Cessation of biosecurity response zone determination

             (6)  A biosecurity response zone determination ceases to be in force at the end of a biosecurity emergency period if:

                     (a)  the determination is made during that period under section 365 (whether or not with the modifications provided by this section); and

                     (b)  the zone relates to the declaration disease or pest; and

                     (c)  the period is not extended under section 444.

             (7)  However, subsection (6) does not prevent a biosecurity response zone determination being made in relation to the declaration disease or pest after the biosecurity emergency period has ended.



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