Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY ACT 2015 - SECT 512

Offence-related searches and seizures

             (1)  A biosecurity enforcement officer may enter relevant premises if the officer has reasonable grounds for suspecting that there may be, on the premises:

                     (a)  a particular thing with respect to which an offence provision or a civil penalty provision, that is a provision mentioned in subsection 484(1), has been contravened or is suspected, on reasonable grounds, to have been contravened; or

                     (b)  a particular thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision; or

                     (c)  a particular thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision.

Note:          Subsection 484(1) mentions provisions for offences against this Act, provisions for offences against the Crimes Act 1914 or the Criminal Code relating to this Act and civil penalty provisions of this Act.

             (2)  The biosecurity enforcement officer may enter the premises at any time.

Note:          For the obligations and powers of biosecurity enforcement officers entering premises under this section, see Division 3.

             (3)  Divisions 2 and 5 of Part 3, and section 61, of the Regulatory Powers Act apply in accordance with Part 2 of this Chapter as if:

                     (a)  entry to the premises was made under section 48 of that Act under an investigation warrant; and

                     (b)  the thing referred to in subsection (1) of this section were evidential material of a kind specified in an investigation warrant.

Note 1:       Divisions 2 and 5 of Part 3, and section 61, of the Regulatory Powers Act are about investigation powers, seizure and compensation for damage to electronic equipment operated under investigation powers.

Note 2:       Part 2 of this Chapter expands the investigation powers under Subdivision A of Division 2 of Part 3 of the Regulatory Powers Act.

             (4)  The application of Divisions 2 and 5 of Part 3, and section 61, of the Regulatory Powers Act under subsection (3) of this section is in addition to their application under Part 2 of this Chapter.

             (5)  If the relevant premises are a conveyance, a biosecurity enforcement officer may stop and detain the conveyance for the purpose of exercising an investigation power under Division 2 of Part 3 of the Regulatory Powers Act as it applies because of Part 2 of this Chapter and subsection (3) of this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback