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BIOSECURITY ACT 2015 - SECT 536

Persons assisting biosecurity officers or biosecurity enforcement officers

             (1)  This section applies if a biosecurity officer or biosecurity enforcement officer is exercising powers or performing functions under any of the following:

                     (a)  Division 3 of Part 2 of Chapter 6 (biosecurity risk assessment powers);

                     (b)  section 360 (biosecurity control order powers);

                     (c)  section 370 (biosecurity response zone powers);

                     (d)  subsection 379(1) or (2) (permanent biosecurity monitoring zone powers);

                     (e)  section 389 (temporary biosecurity monitoring zone powers);

                      (f)  subsection 399(1) or (2) (biosecurity activity zone powers);

                     (g)  Division 5 or 6 of Part 1 of Chapter 8 (exercise of powers during biosecurity emergencies);

                     (h)  Parts 3, 4 and 5.

Biosecurity officers may be assisted by other persons

             (2)  A biosecurity officer may be assisted by other persons in exercising powers and performing functions referred to in subsection (1) if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the biosecurity officer.

Powers of a person assisting the biosecurity officer

             (3)  A person assisting the biosecurity officer:

                     (a)  may enter premises, if it is necessary for the biosecurity officer to enter those premises to exercise powers as referred to in subsection (1); and

                     (b)  may exercise powers as referred to in that subsection for the purposes of assisting the biosecurity officer; and

                     (c)  must enter premises and exercise powers in accordance with any direction given to the person assisting by the biosecurity officer.

Note 1:       Premises includes a conveyance (see paragraph (a) of the definition of premises in section 9).

Note 2:       If a direction is given under paragraph (3)(c) in writing, the direction is not a legislative instrument (see subsection 572(2)).

Biosecurity enforcement officers may be assisted by other persons

             (4)  A biosecurity enforcement officer may be assisted by other persons in entering premises, and exercising powers and performing functions referred to in subsection (1), if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the biosecurity enforcement officer.

Powers of a person assisting the biosecurity enforcement officer

             (5)  A person assisting the biosecurity enforcement officer:

                     (a)  may enter the premises; and

                     (b)  may exercise any powers that may be exercised by the biosecurity enforcement officer on the premises, for the purposes of assisting the biosecurity enforcement officer; and

                     (c)  must enter premises and exercise powers in accordance with any direction given to the person assisting by the biosecurity enforcement officer.

Note 1:       A person assisting a biosecurity enforcement officer may use such force against things as is necessary and reasonable in the circumstances (see sections 505 and 515).

Note 2:       If a direction is given under paragraph (5)(c) of this section in writing, the direction is not a legislative instrument (see subsection 572(2)).

Powers exercised in assisting a biosecurity officer or biosecurity enforcement officer

             (6)  Any power exercised by a person in assisting a biosecurity officer or biosecurity enforcement officer as mentioned in this section is taken for all purposes to have been exercised by the biosecurity officer or biosecurity enforcement officer (as the case requires).



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