Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 511

  (1)   A biosecurity enforcement officer may enter relevant premises for the following purposes:

  (a)   determining whether this Act has been, or is being, complied with;

  (b)   determining whether information provided for the purposes of this Act is correct;

  (c)   deciding whether to exercise a power under this Act.

Note:   The expression this Act includes the Regulatory Powers Act as it applies in relation to this Act: see the definition of this Act in section   9.

  (2)   The biosecurity enforcement officer may enter the premises during the business hours of the premises.

Note:   For the obligations and powers of biosecurity enforcement officers entering premises under this section, see Division   3.

  (3)   Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act apply in accordance with Part   1 of this Chapter as if:

  (a)   entry to the premises was made under section   18 of that Act under a monitoring warrant; and

  (b)   the purposes for which section   18 of that Act permits the monitoring powers to be exercised included the purpose of deciding whether to exercise a power under this Act; and

  (c)   for the purposes of that Subdivision, relevant data included information relevant to deciding whether to exercise a power under this Act.

Note 1:   Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act are about monitoring powers and compensation for damage to electronic equipment operated under those powers.

Note 2:   Part   1 of this Chapter expands the monitoring powers under Subdivision A of Division   2 of Part   2 of the Regulatory Powers Act.

  (4)   The application of Subdivision A of Division   2 of Part   2, and section   29, of the Regulatory Powers Act under subsection   (3) of this section is in addition to their application under Part   1 of this Chapter.

  (5)   If the relevant premises are a conveyance, a biosecurity enforcement officer may stop and detain the conveyance for the purpose of exercising any of the monitoring powers under Subdivision A of Division   2 of Part   2 of the Regulatory Powers Act as it applies in accordance with Part   1 of this Chapter and subsection   (3) of this section.