New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 102

102 Powers that can be exercised on premises

(1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection (2).

(2) An authorised officer may do any or all of the following--

(a) examine and inspect any thing,

(b) take and remove samples of a thing,

(c) make any examinations, inquiries or tests that the authorised officer considers necessary,

(d) carry out any treatment measures in relation to any biosecurity matter, carrier, potential carrier, premises or other thing,

(e) isolate, confine or detain any biosecurity matter or other thing,

(f) erect or repair fencing, gates or any other method of enclosure, or carry out any other security or containment measures in relation to any premises, biosecurity matter or other thing,

(g) erect signs,

(h) move any biosecurity matter or other thing,

(i) install or use a device for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing,

(j) install devices for the purpose of capturing any biosecurity matter or other thing,

(k) take any photographs or other recordings that the authorised officer considers necessary,

(l) require records to be produced for inspection,

(m) examine and inspect any records,

(n) copy any records,

(o) seize any biosecurity matter or other thing if the authorised officer has reasonable grounds for believing that seizure of the biosecurity matter or other thing is necessary to prevent, eliminate or minimise a biosecurity risk posed by or in relation to the biosecurity matter or thing,

(p) seize any thing that the authorised officer has reasonable grounds for believing is connected with an offence against this Act or the regulations,

(q) move any seized thing from the place where it is seized or leave it at the place where it is seized and take reasonable action to restrict access to the thing,

(r) direct the occupier of the premises where a thing is seized to retain it at those premises or at another place under the control of the occupier,

(s) destroy, dispose of or eradicate any thing,

(t) do anything else authorised by or under this Act.

(3) The power to examine and inspect any thing includes a power to use reasonable force to break open or otherwise access a container or other thing being used, or suspected of being used, to hold or contain another thing.

(4) The power to seize any thing connected with an offence includes a power to seize--

(a) a thing with respect to which the offence has been committed, and

(b) a thing that will afford evidence of the commission of the offence, and

(c) a thing that was used for the purpose of committing the offence.

(5) The power to do a thing under this section includes a power to arrange for that thing to be done.

(6) A power to do something under this section in relation to a thing may be exercised without the consent of the owner of the thing.

(7) The power to destroy a thing is subject to the other provisions of this Part.

Note : See Division 6.

(8) In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.