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BIOSECURITY ACT 2015 - SECT 133
Taking of required actions and recovery of costs
133 Taking of required actions and recovery of costs
(1) If a person (the
"liable person" ) fails to comply with an individual biosecurity direction, an
authorised officer may enter or authorise any person to enter premises and
take any actions in relation to those premises or any thing on those premises
that the liable person is required to take by the direction or that are
otherwise necessary to remedy that failure.
(2) The Secretary may charge the
liable person a fee for action taken under this section.
(3) The fee is to be
no more than is reasonable to cover the costs and expenses incurred in
connection with the action.
(4) Costs and expenses incurred include costs and
expenses incurred by or on behalf of any government agency.
(5) The fee is--
(a) a recoverable amount that is payable to the Secretary, and
(b)
recoverable from the liable person.
Note : See Part 20, which provides for
the recovery of recoverable amounts.
(6) An authorised officer must give an
occupier of premises used for residential purposes written notice of an
intention to enter any part of the premises used only for residential purposes
under this section.
(7) The notice must specify the day on which the premises
are intended to be entered and must be given before that day.
(8) Notice is
not required to be given if-- (a) entry is made with the consent of the
occupier of the premises, or
(b) entry is made under the authority of a
search warrant.
(9) This section does not prevent the taking of proceedings
for an offence of contravening a biosecurity direction.
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