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BIOSECURITY ACT 2015 - SECT 88
Secretary may authorise required actions and recover costs
88 Secretary may authorise required actions and recover costs
(1) If a person (the
"liable person" ) fails to comply with a biosecurity zone regulation, 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 regulation 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 biosecurity zone regulation.
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