New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 122

122 References to functions exercisable "in the case of an emergency"

(1) A provision of this Part that enables an authorised officer to exercise a function
"in the case of an emergency" enables the authorised officer to exercise that function if--

(a) the authorised officer is required or authorised to exercise the function under an emergency order, or

(b) the authorised officer otherwise reasonably believes it is necessary to exercise the function because--

(i) a biosecurity emergency has occurred, is occurring or is imminent, or

(ii) the authorised officer reasonably suspects a biosecurity emergency has occurred, is occurring or is imminent.

(2) A function under this Part is taken to have been exercised
"in the case of an emergency" if it is exercised by an authorised officer in the circumstances referred to in subsection (1).

(3) The fact that this Part enables an authorised officer to exercise certain functions only in the case of an emergency does not prevent an authorised officer from exercising any other function conferred by this Part in the case of an emergency.