Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The regulations may provide that a biosecurity officer may require a specified kind of biosecurity measure (a prescribed biosecurity measure ) to be taken in relation to goods or premises in Australian territory.
Note 1: This Chapter does not apply in relation to certain goods or conveyances (see section 312).
Note 2: Premises include a conveyance (see paragraph (a) of the definition of premises in section 9).
Note 3: See section 310 in relation to the meaning of biosecurity risk in this Chapter.
Note 4: Limitations apply to the exercise of a power provided by regulations made for the purposes of this section (see subsection (5)).
(2) Regulations made for the purposes of this section must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken:
(a) a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 (biosecurity measures that may be included in a human biosecurity control order);
(b) a biosecurity measure of a kind set out in Division 3 of Part 2 of this Chapter (biosecurity risk assessment powers);
(c) a biosecurity measure of a kind set out in Division 2 of this Part (biosecurity measures to manage unacceptable level of biosecurity risk);
(d) a biosecurity measure or a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).
(3) Regulations made for the purposes of this section may also provide for, or in relation to, other matters relating to a prescribed biosecurity measure.
(4) Without limiting subsection (3), regulations made for the purposes of this section may do any of the following:
(a) provide for persons to be notified, and the circumstances in which the persons must be notified, that a prescribed biosecurity measure is required to be taken;
(b) if regulations made for the purposes of subsection 574(2) provide that the decision to require a prescribed biosecurity measure to be taken is a reviewable decision--provide that, except in the circumstances (if any) prescribed, the prescribed biosecurity measure must not be taken during the period in which a review of that decision, or any related proceeding (including any appeal), has been finally determined.
Limitation on exercise of powers provided by regulations
(5) A power provided by regulations made for the purposes of this section 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 that is provided by regulations made for the purposes of this section and 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).