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BIOSECURITY ACT 2015 - SECT 347

Powers of biosecurity officer if biosecurity measures are required

  (1)   If a biosecurity officer requires a biosecurity measure to be taken in relation to goods, a conveyance or premises under Subdivision C (treatment powers) or Subdivision D (destruction powers) of Division   2 of this Part, or under a regulation made for the purposes of section   346, a biosecurity officer may:

  (a)   if the biosecurity measure is required in relation to goods--direct a person in charge of the goods to carry out the biosecurity measure; or

  (b)   if the biosecurity measure is required in relation to a conveyance:

  (i)   direct the person in charge or the operator of the conveyance to carry out the biosecurity measure, unless it is destruction of the conveyance; or

  (ii)   if the measure is destruction of the conveyance--direct the operator or the owner of the conveyance to carry out the measure; or

  (c)   if the biosecurity measure is required in relation to premises--direct the owner of the premises to carry out the biosecurity measure; or

  (d)   in any case:

  (i)   carry out the biosecurity measure; or

  (ii)   arrange for another person with appropriate qualifications or expertise to carry out the biosecurity measure.

Note:   A person who is given a direction under paragraph   (1)(a), (b) or (c) may commit an offence or contravene a civil penalty provision for failing to comply with the direction (see section   350).

  (2)   If, under this section, a biosecurity officer:

  (a)   gives a direction to a person to carry out a biosecurity measure; or

  (b)   arranges for another person with appropriate qualifications or expertise to carry out a biosecurity measure;

a biosecurity officer may supervise the taking of the biosecurity measure.


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