New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 332

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

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

(a) the relevant decision-maker reasonably believes it is necessary to exercise the function because of an emergency order, or

(b) the relevant decision-maker 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 relevant decision-maker 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 relevant decision-maker in the circumstances referred to in subsection (1).