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BIOSECURITY ACT 2015 - SECT 332

Circumstances in which powers set out in this Division may be exercised

  (1)   A power set out in a provision of this Division must not be exercised in relation to goods or premises in Australian territory unless:

  (a)   the power is specified in a biosecurity control order that relates to the goods or premises; or

  (b)   the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone.

Note 1:   A power set out in a provision of this Division that is specified in a biosecurity control order or a biosecurity response zone determination may be exercised for the purpose of managing the biosecurity risk posed by a disease or pest to which the order or determination relates (see sections   360 and 370).

Note 2:   Before exercising a power specified in a biosecurity control order or a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section   32 (the principles).

Note 3:   Part   5 deals with biosecurity response zones.

  (2)   This section has effect subject to subsection   399(2).

Note:   Subsection   399(2) provides that the powers set out in sections   333 and 334 (entry and exit requirements) may be exercised in relation to premises in a biosecurity activity zone.


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