BIOSECURITY ACT 2015 - SECT 489 Test to be met for issue of warrant

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BIOSECURITY ACT 2015 - SECT 489

Test to be met for issue of warrant

The table in this section sets out in column 2 the test that must be met for a warrant of the kind referred to in column 1 to be issued.

Test to be met for issue of warrant

Column 1
Kind of warrant
Column 2
Test for issue
1
A biosecurity risk assessment warrant
(a) there are reasonable grounds for suspecting that:
(i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and
(ii) the disease or pest may pose an unacceptable level of biosecurity risk; and
(b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with Division 3 of Part 2 of Chapter 6 for any of the following purposes:
(i) to establish whether the disease or pest is present in or on the goods or premises (as the case may be);
(ii) if possible, to identify the disease or pest;
(iii) to assess the level of biosecurity risk posed by the disease or pest.
2
A biosecurity control order warrant
(a) there are reasonable grounds for suspecting that:
(i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and
(ii) the disease or pest poses an unacceptable level of biosecurity risk; and
(b) a biosecurity control order is in force under section 353 in relation to the goods or premises and the disease or pest; and
(c) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 360 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
3
A biosecurity response zone warrant
(a) there are reasonable grounds for suspecting that:
(i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and
(ii) the disease or pest poses an unacceptable level of biosecurity risk; and
(b) the premises are in a biosecurity response zone; and
(c) the biosecurity response zone determination relates to the disease or pest; and
(d) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 370 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
4
A biosecurity monitoring zone warrant
(a) the premises are in a permanent biosecurity monitoring zone or a temporary biosecurity monitoring zone; and
(b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers for the purpose of monitoring whether a disease or pest that a biosecurity officer suspects, on reasonable grounds, may pose an unacceptable level of biosecurity risk:
(i) has entered, or has emerged, established itself or spread in, the zone; or
(ii) is likely to enter, or to emerge, establish itself or spread in, the zone.
5
An adjacent premises warrant
it is reasonably necessary that one or more biosecurity enforcement officers should have access to the premises for the purpose of:
(a) gaining access to other premises to perform functions, or exercise powers, as a biosecurity enforcement officer; or
(b) accompanying a biosecurity officer who needs to gain access to other premises to perform functions, or exercise powers, under or for the purposes of this Act.
6
A conveyance possession warrant
(a) a biosecurity officer has, under subsection 209(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed, or removed from Australian territory, within the period specified in the request, and the request has not been complied with; or
(b) a biosecurity officer has, under subsection 338(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or
(c) a notice has been given to the owner or the operator of the conveyance in accordance with subsection 210(3) or 343(3); or
(d) such a notice would have been required to have been given had subsection 210(4) or 343(4) not applied.
7
A premises possession warrant
(a) a biosecurity officer has, under subsection 341(1), requested the owner of the premises to arrange for the premises to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or
(b) a notice has been given to the owner of the premises in accordance with subsection 344(4); or
(c) a certificate in relation to the premises has been issued under paragraph 344(5)(b).

Test to be met for issue of warrant
1	A biosecurity risk assessment warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest may pose an unacceptable level of biosecurity risk; and (b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with Division 3 of Part 2 of Chapter 6 for any of the following purposes: (i) to establish whether the disease or pest is present in or on the goods or premises (as the case may be); (ii) if possible, to identify the disease or pest; (iii) to assess the level of biosecurity risk posed by the disease or pest.
2	A biosecurity control order warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest poses an unacceptable level of biosecurity risk; and (b) a biosecurity control order is in force under section 353 in relation to the goods or premises and the disease or pest; and (c) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 360 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
3	A biosecurity response zone warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest poses an unacceptable level of biosecurity risk; and (b) the premises are in a biosecurity response zone; and (c) the biosecurity response zone determination relates to the disease or pest; and (d) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 370 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
4	A biosecurity monitoring zone warrant	(a) the premises are in a permanent biosecurity monitoring zone or a temporary biosecurity monitoring zone; and (b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers for the purpose of monitoring whether a disease or pest that a biosecurity officer suspects, on reasonable grounds, may pose an unacceptable level of biosecurity risk: (i) has entered, or has emerged, established itself or spread in, the zone; or (ii) is likely to enter, or to emerge, establish itself or spread in, the zone.
5	An adjacent premises warrant	it is reasonably necessary that one or more biosecurity enforcement officers should have access to the premises for the purpose of: (a) gaining access to other premises to perform functions, or exercise powers, as a biosecurity enforcement officer; or (b) accompanying a biosecurity officer who needs to gain access to other premises to perform functions, or exercise powers, under or for the purposes of this Act.
6	A conveyance possession warrant	(a) a biosecurity officer has, under subsection 209(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed, or removed from Australian territory, within the period specified in the request, and the request has not been complied with; or (b) a biosecurity officer has, under subsection 338(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or (c) a notice has been given to the owner or the operator of the conveyance in accordance with subsection 210(3) or 343(3); or (d) such a notice would have been required to have been given had subsection 210(4) or 343(4) not applied.
7	A premises possession warrant	(a) a biosecurity officer has, under subsection 341(1), requested the owner of the premises to arrange for the premises to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or (b) a notice has been given to the owner of the premises in accordance with subsection 344(4); or (c) a certificate in relation to the premises has been issued under paragraph 344(5)(b).

Note: For the definition of biosecurity risk in Chapter 6 (managing biosecurity risks: monitoring, control and response), see section 310.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

Test to be met for issue of warrant
	Column 1 Kind of warrant	Column 2 Test for issue
1	A biosecurity risk assessment warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest may pose an unacceptable level of biosecurity risk; and (b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with Division 3 of Part 2 of Chapter 6 for any of the following purposes: (i) to establish whether the disease or pest is present in or on the goods or premises (as the case may be); (ii) if possible, to identify the disease or pest; (iii) to assess the level of biosecurity risk posed by the disease or pest.
2	A biosecurity control order warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest poses an unacceptable level of biosecurity risk; and (b) a biosecurity control order is in force under section 353 in relation to the goods or premises and the disease or pest; and (c) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 360 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
3	A biosecurity response zone warrant	(a) there are reasonable grounds for suspecting that: (i) a disease or pest may be present in or on goods on the premises, or the premises themselves; and (ii) the disease or pest poses an unacceptable level of biosecurity risk; and (b) the premises are in a biosecurity response zone; and (c) the biosecurity response zone determination relates to the disease or pest; and (d) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers in accordance with section 370 in relation to the goods or premises (as the case may be) for the purpose of managing the biosecurity risk posed by the disease or pest.
4	A biosecurity monitoring zone warrant	(a) the premises are in a permanent biosecurity monitoring zone or a temporary biosecurity monitoring zone; and (b) it is reasonably necessary that one or more biosecurity enforcement officers and one or more biosecurity officers should have access to the premises to exercise powers for the purpose of monitoring whether a disease or pest that a biosecurity officer suspects, on reasonable grounds, may pose an unacceptable level of biosecurity risk: (i) has entered, or has emerged, established itself or spread in, the zone; or (ii) is likely to enter, or to emerge, establish itself or spread in, the zone.
5	An adjacent premises warrant	it is reasonably necessary that one or more biosecurity enforcement officers should have access to the premises for the purpose of: (a) gaining access to other premises to perform functions, or exercise powers, as a biosecurity enforcement officer; or (b) accompanying a biosecurity officer who needs to gain access to other premises to perform functions, or exercise powers, under or for the purposes of this Act.
6	A conveyance possession warrant	(a) a biosecurity officer has, under subsection 209(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed, or removed from Australian territory, within the period specified in the request, and the request has not been complied with; or (b) a biosecurity officer has, under subsection 338(4), requested the person in charge or the operator of the conveyance to arrange for the conveyance to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or (c) a notice has been given to the owner or the operator of the conveyance in accordance with subsection 210(3) or 343(3); or (d) such a notice would have been required to have been given had subsection 210(4) or 343(4) not applied.
7	A premises possession warrant	(a) a biosecurity officer has, under subsection 341(1), requested the owner of the premises to arrange for the premises to be dealt with or destroyed within the period specified in the request, and the request has not been complied with; or (b) a notice has been given to the owner of the premises in accordance with subsection 344(4); or (c) a certificate in relation to the premises has been issued under paragraph 344(5)(b).