Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) During a biosecurity emergency period, a biosecurity officer or biosecurity enforcement officer may (subject to subsection (2)) enter any premises for any or all of the following purposes:
(a) if no relevant biosecurity control order (see subsection (3)) is in force in relation to the premises or goods on the premises--to exercise powers in accordance with Division 3 of Part 2 of Chapter 6 (biosecurity risk assessment powers) in relation to the declaration disease or pest;
(b) if a relevant biosecurity control order is in force in relation to the premises or goods on the premises--to exercise powers in accordance with section 360 in relation to the premises or goods (as the case requires) for the following purpose:
(i) for orders made under section 353 without the modifications provided by section 461--managing the biosecurity risk posed by the declaration disease or pest;
(ii) for orders made under section 353 with the modifications provided by section 461--preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory;
(c) if the premises are in a relevant biosecurity response zone (see subsection (4))--to exercise powers in accordance with section 370 in relation to the premises or goods (as the case requires) for the following purpose:
(i) for biosecurity response zone determinations made under section 365 without the modifications provided by section 465--managing the biosecurity risk posed by the declaration disease or pest;
(ii) for biosecurity response zone determinations made under section 365 with the modifications provided by section 465--preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory;
(d) in any case--to set traps or set up equipment or other structures in relation to the declaration disease or pest in accordance with section 466.
Note 1: For the obligations and powers of biosecurity enforcement officers in entering premises under this section, see Division 3 of Part 5 of Chapter 9.
Note 2: For modifications of Chapter 6 (managing biosecurity risks: monitoring, control and response) in relation to premises entered in accordance with this section, see section 471.
Note 3: Premises includes a conveyance (see paragraph (a) of the definition of premises in section 9).
(2) A biosecurity officer or biosecurity enforcement officer is not authorised to enter premises under subsection (1) unless:
(a) the biosecurity officer suspects, on reasonable grounds, that the declaration disease or pest may be present in or on the premises or goods on the premises; and
(b) a biosecurity enforcement officer accompanies the biosecurity officer for the purposes of assisting in entering the premises and exercising the powers in accordance with subsection (1).
(3) A relevant biosecurity control order is a biosecurity control order:
(a) that is made under section 353 during a biosecurity emergency period (whether or not with the modifications provided by section 461); and
(b) that relates to the declaration disease or pest.
(4) A relevant biosecurity response zone is a biosecurity response zone specified in a biosecurity response zone determination:
(a) that is determined under section 365 during a biosecurity emergency period (whether or not with the modifications provided by section 465); and
(b) that relates to the declaration disease or pest.
Entry without a warrant or consent
(5) To avoid doubt, a biosecurity officer or biosecurity enforcement officer may enter premises in accordance with subsection (1) despite subsections 315(2), 361(2), 371(2), 380(2) and 390(2).
(6) If the premises are a conveyance, a
biosecurity enforcement officer may stop and detain the conveyance for a
purpose referred to in subsection (1).