New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 52

52 Special powers

(1) In addition, the emergency measures may do any of the following--

(a) prohibit, regulate or control entry to or exit from any specified premises or area,

(b) prohibit, regulate or control the use of any road within or going into or out of a specified premises or area (including by closing roads),

(c) require persons entering or leaving any specified premises or area in a vehicle to stop and, if required by an authorised officer--

(i) permit the vehicle to be inspected, and

(ii) permit treatment measures to be carried out in relation to the vehicle,

(d) require persons entering or leaving any specified premises or area to stop and, if required by an authorised officer--

(i) permit themselves and any thing in their care, custody or control to be inspected, and

(ii) carry out or permit external treatment measures to be carried out in relation to themselves and any thing in their care, custody or control,

(e) prohibit a person from entering or leaving any specified premises or area unless the person has done either or both of the following--

(i) carried out, in relation to himself or herself, any specified external treatment measure,

(ii) carried out, in relation to any thing in the person's care, custody or control, any specified treatment measure.

(2) An emergency order cannot prohibit, regulate or control the movement of a person, except as expressly provided for by this section.

(3) Subsection (2) does not prevent emergency measures being imposed in relation to any biosecurity matter, premises, activity or thing that have an impact on the movement of a person but that are not imposed for the purpose of restricting the movement of a person.

Note : For example, emergency measures could prohibit persons from taking a particular animal or plant out of premises. This measure may have an impact on the movement of a person but is not imposed for that purpose.