New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 158

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

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

(a) the Secretary reasonably believes it is necessary to exercise the function because of an emergency order, or

(b) the Secretary 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 Secretary 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 the Secretary in the circumstances referred to in subsection (1).