New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 147

147 Authorised officer may take or authorise required actions and recover costs

(1) If a person (the
"liable person" ) fails to comply with a biosecurity undertaking, 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 biosecurity undertaking 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 any 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 undertaking.