Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 446

  (1)   During a biosecurity emergency period, the Agriculture Minister may:

  (a)   give any direction to any person; or

  (b)   take any action;

that the Agriculture Minister is satisfied is appropriate and adapted to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory.

Note 1:   For limits on this power, see sections   447 and 448.

Note 2:   A person who fails to comply with a direction given under this subsection may commit an offence or be liable to a civil penalty (see section   449).

Note 3:   This power may be delegated and subdelegated (see sections   453 and 454).

Note 4:   See also section   572 (general provisions relating to directions) and subsection   644(4) (protection from civil proceedings).

  (2)   Without limiting subsection   (1), the directions that the Agriculture Minister may give under paragraph   (1)(a) include the following:

  (a)   a direction requiring a person to treat goods in a specified way or to destroy goods;

  (b)   a direction requiring a person to secure goods or a conveyance;

  (c)   a direction not to move, deal with or interfere with goods or a conveyance;

  (d)   any direction relating to the movement of goods or a conveyance (including a direction to move the goods or conveyance, or not to do so);

  (e)   a direction requiring a person not to enter or interfere with specified premises;

  (f)   a direction requiring a person leaving specified premises to leave the premises only at a specified place or specified places;

  (g)   a direction to a person who is in a position to close specified premises, or prevent access to specified premises, to do so;

  (h)   despite anything in section   543--a direction of a general or specific nature to the Director of Biosecurity about the performance of his or her functions or the exercise of his or her powers;

  (i)   a direction of a general or specific nature to an officer or employee of the Commonwealth (including a biosecurity officer or a biosecurity enforcement officer) about the performance of his or her functions or the exercise of his or her powers;

  (j)   any other direction for the purposes of giving effect to or enforcing a requirement determined under section   445.

  (3)   Without limiting subsection   (1), the actions that the Agriculture Minister may take under paragraph   (1)(b) include the following:

  (a)   moving goods or a conveyance, or causing goods or a conveyance to be moved;

  (b)   treating or destroying goods, or causing goods to be treated or destroyed;

  (c)   any other action for the purposes of giving effect to or enforcing a requirement determined under section   445, or a direction given under subsection   (1) of this section.

  (4)   A direction may be given, or an action taken, under subsection   (1) despite any provision of any other Australian law.

  (5)   A direction of a kind referred to in paragraph   (2)(i) may be given to a biosecurity officer or a biosecurity enforcement officer despite any restriction specified in the officer's instrument of authorisation under subsection   550(2) or 551(2).

When direction ceases to have effect

  (6)   A direction given under subsection   (1) ceases to have effect at the end of the biosecurity emergency period, unless it is revoked earlier.