(1) The Director of Biosecurity may determine that a specified area in Australian territory is a temporary biosecurity monitoring zone if the Director is satisfied it is necessary to do so for the purpose of monitoring whether a disease or pest that may pose an unacceptable level of biosecurity risk:
(a) has entered, or has emerged, established itself or spread in, the area; or
(b) is likely to enter, or to emerge, establish itself or spread in, the area.
Note 1: See section 310 in relation to the meaning of biosecurity risk in this Chapter.
Note 2: For variation and revocation of the determination, see subsection 33(3) of the Acts Interpretation Act 1901 .
(2) Without limiting subsection (1), a specified area may consist of the whole or part of specified premises (other than a conveyance).
(3) The Director of Biosecurity may determine that a specified area in Australian territory is a temporary biosecurity monitoring zone even if the area, or a part of the area, is part of another temporary biosecurity monitoring zone.
(4) A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.