Commonwealth Consolidated Acts

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Direction to individual to be decontaminated

             (1)  This section applies if a biosecurity officer requests, under subsection 558(5), the Director of Biosecurity to give a direction in accordance with paragraph (4)(a) of this section for an individual to be decontaminated.

Considering whether to give direction

             (2)  In considering whether to give a direction, the Director of Biosecurity:

                     (a)  must take into account:

                              (i)  any reason the individual gives for refusing to consent; and

                             (ii)  any factors that may affect the health of the individual; and

                     (b)  may take into account any other matter that the Director of Biosecurity considers relevant.

Test for giving direction

             (3)  The Director of Biosecurity may give a direction in relation to an individual only if:

                     (a)  the Director suspects, on reasonable grounds, that the individual may have been exposed to a disease or pest; and

                     (b)  the Director is satisfied, on reasonable grounds, that decontaminating the individual is likely to be effective in, or to contribute to, managing the level of biosecurity risk of the disease or pest.

Note 1:       Before giving a direction, the Director must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       An individual may be able to apply under the Administrative Decisions (Judicial Review) Act 1977 for review of a decision to give a direction.

Note 3:       If an individual refuses to comply with a direction given under this section, the Director of Biosecurity may be able to apply for an injunction under Part 7 of the Regulatory Powers Act as it applies in relation to this Act.

Giving notice of outcome of consideration

             (4)  Within 72 hours after receiving the request under subsection 558(5), the Director of Biosecurity must cause a notice to be given to the individual that:

                     (a)  directs the individual to be decontaminated; or

                     (b)  informs the individual that he or she is not required to be decontaminated.

             (5)  The notice must also include reasons for the decision.

Fault-based offence

             (6)  An individual commits an offence if:

                     (a)  the individual is given a direction in accordance with paragraph (4)(a); and

                     (b)  the individual engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

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