Commonwealth Consolidated Acts Commonwealth Consolidated ActsAdditional monitoring powers
(1) For the purposes of Part 2 of the Regulatory Powers Act, the additional powers mentioned in subsection (2) are also taken to be monitoring powers for the purposes of determining:
(a) whether a provision mentioned in subsection 481(1) has been, or is being, complied with; or
(b) the correctness of information mentioned in subsection 481(2).
(2) The additional monitoring powers are:
(a) the power to sample any thing on premises entered under Part 2 of the Regulatory Powers Act; and
(b) the powers set out in section 553.
Note: Section 553 provides for biosecurity officers and biosecurity enforcement officers to be accompanied by, and to use, an animal to assist them in entering, and exercising powers on, premises that may be entered:
(a) with the consent of the occupier; or
(b) under a monitoring warrant, if the warrant authorises use of the animal.
Monitoring warrant must deal with use of animals
(3) Subsection 32(4) of the Regulatory Powers Act applies in relation to the provisions of this Act as if that subsection also required the warrant:
(a) to state whether biosecurity officers or biosecurity enforcement officers are authorised to use an animal; and
(b) if they are authorised, to specify the kind of animal they may use while they are exercising powers under the warrant.
(4) Part 2 of the Regulatory Powers Act applies in relation to the provisions of this Act as if a reference in that Part to premises were a reference to premises as defined in section 9 of this Act.
(5) However, a monitoring warrant may be executed in relation to premises that are an aircraft or vessel only if the aircraft or vessel is at a landing place or port, or on land, in Australian territory, or the vessel is waiting to arrive at such a port.
Identity cards
(6) Part 2 of the Regulatory Powers Act applies in relation to the provisions of this Act as if a reference in that Part to an identity card were a reference to an identity card issued under section 569 of this Act.
(7) The following provisions of the Regulatory Powers Act do not apply in relation to the provisions of this Act:
(a) the definition of identity card in section 4;
(b) sections 13 and 15;
(c) Division 8 of Part 2.
Use of force in executing a warrant
(8) In executing a monitoring warrant:
(a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and
(b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.
Note: Section 511 widens the application of Part 2 of the Regulatory Powers Act, as it applies in accordance with this Part, to premises entered under that section.