New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 55

55 Destruction requirements

(1) An emergency order cannot require or authorise the destruction of biosecurity matter or any other thing unless--

(a) the Secretary is of the opinion that the destruction is reasonably necessary to prevent, eliminate or minimise a significant biosecurity impact, or

(b) the biosecurity matter to be destroyed is an animal and the Secretary is of the opinion that the destruction is necessary to ensure that the other emergency measures provided for by the emergency order do not have or continue to have an adverse effect on animal welfare.

(2) To avoid doubt, distress or likely distress to an animal is an adverse effect on animal welfare.

(3) Part 2B of the Prevention of Cruelty to Animals Act 1979 does not apply to the destruction of an animal as required or authorised by an emergency order.