Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies during a biosecurity emergency period in relation to a biosecurity control order:
(a) that is made during that period under section 353 (whether or not with the modifications provided by section 461); and
(b) that relates to the declaration disease or pest.
(2) The Director of Biosecurity may vary the biosecurity control order if the Director is satisfied that:
(a) the powers specified in the order under paragraph 354(2)(d), (e) or (f) need to be varied (including by specifying additional powers referred to in those paragraphs) to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory; or
(b) a power specified in the order under paragraph 354(2)(d), (e) or (f) no longer contributes to:
(i) preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory; or
(ii) managing the biosecurity risk posed by the declaration disease or pest.
Note: For modifications of Part 4 of Chapter 6 (biosecurity control orders) in relation to biosecurity control orders varied in accordance with this section, see section 464.
(3) To avoid doubt, a biosecurity control order may be varied in accordance with subsection (2) despite subsection 358(1).
Note: Biosecurity control orders can also be varied under subsection 358(1) without the modifications provided by this section (see subsection 458(2)).
(4) For the purposes of this Act, a biosecurity control order
that is varied in accordance with subsection (2) is taken to have been
varied under subsection 358(1).