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BIOSECURITY ACT 2015 - SECT 76
Secretary may authorise required actions and recover costs
76 Secretary may authorise required actions and recover costs
(1) If a person (the
"liable person" ) fails to comply with a control order, the Secretary may
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 order 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 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) The Secretary 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 control order.
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