Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 502

Entry warrants

  (1)   Before a biosecurity enforcement officer or biosecurity officer enters premises under an entry warrant, the biosecurity enforcement officer must:

  (a)   announce that he or she is authorised to enter the premises; and

  (b)   if an appropriate person for the premises is present at the premises:

  (i)   ensure that the identity card of the biosecurity enforcement officer is shown to the appropriate person; and

  (ii)   give any person present at the premises an opportunity to allow entry to the premises; and

  (c)   if the warrant is a biosecurity risk assessment warrant, biosecurity control order warrant, biosecurity response zone warrant or biosecurity monitoring zone warrant--ensure that the identity card of the biosecurity officer is also shown to the appropriate person.

Exception for some adjacent premises warrants

  (2)   However, a biosecurity enforcement officer is not required to comply with subsection   (1) if:

  (a)   entry is to be made under an adjacent premises warrant, to the extent that the warrant authorises entry to premises for the purposes of executing an investigation warrant or monitoring warrant on other premises; and

  (b)   the biosecurity enforcement officer believes on reasonable grounds that immediate entry to the premises is required:

  (i)   to ensure the safety of a person; or

  (ii)   to ensure that the effective execution of the investigation warrant or monitoring warrant is not frustrated.

  (3)   If:

  (a)   a biosecurity enforcement officer does not comply with subsection   (1) because of subsection   (2); and

  (b)   an appropriate person for the premises is present at the premises;

the biosecurity enforcement officer must, as soon as practicable after entering the premises, show his or her identity card to the appropriate person.

Possession warrants

  (4)   Before taking possession of premises or a conveyance under a possession warrant, a biosecurity enforcement officer executing the warrant must:

  (a)   announce that he or she is authorised to take possession of the premises or conveyance (as the case requires); and

  (b)   if an appropriate person for the premises or conveyance is present at the premises or on board the conveyance--show his or her identity card to the appropriate person.