Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 485

Additional investigation powers

  (1)   For the purposes of Part   3 of the Regulatory Powers Act, the additional powers mentioned in subsection   (2) are also taken to be investigation powers in relation to evidential material that relates to a provision mentioned in subsection   484(1).

  (2)   The additional investigation powers are:

  (a)   the power to sample any thing on premises entered under Part   3 of the Regulatory Powers Act; and

  (b)   the powers set out in section   553.

Note:   Section   553 provides for biosecurity officers and biosecurity enforcement officers to be accompanied by, and to use, an animal to assist them in entering, and exercising powers on, premises that may be entered:

(a)   with the consent of the occupier; or

(b)   under an investigation warrant, if the warrant authorises use of the animal.

Investigation warrant must deal with use of animals

  (3)   Subsection   70(4) of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection   484(1) of this Act as if subsection   70(4) of the Regulatory Powers Act also required the warrant:

  (a)   to state whether biosecurity officers or biosecurity enforcement officers are authorised to use an animal; and

  (b)   if they are authorised, to specify the kind of animal they may use while they are exercising powers under the warrant.

Premises

  (4)   Part   3 of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection   484(1) of this Act as if a reference in that Part to premises were a reference to premises as defined in section   9 of this Act.

  (5)   However, an investigation warrant may be executed in relation to premises that are an aircraft or vessel only if the aircraft or vessel is at a landing place or port, or on land, in Australian territory, or the vessel is waiting to arrive at such a port.

Identity cards

  (6)   Part   3 of the Regulatory Powers Act applies in relation to a provision mentioned in subsection   484(1) of this Act as if a reference in that Part to an identity card were a reference to an identity card issued under section   569 of this Act.

  (7)   The following provisions of the Regulatory Powers Act do not apply in relation to a provision mentioned in subsection   484(1) of this Act:

  (a)   the definition of identity card in section   4;

  (b)   section   43;

  (c)   Division   9 of Part   3.

Use of force in executing a warrant

  (8)   In executing an investigation warrant:

  (a)   an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

  (b)   a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.