Biosecurity Act 2023

For this Act, an authorised person may—

at any reasonable time, enter premises if the authorised person suspects on reasonable grounds that there is a biosecurity risk at the premises; or

at any reasonable time, enter premises to investigate, monitor or enforce compliance with this Act if the authorised person suspects on reasonable grounds that the premises are occupied by any of the following:

a permit‑holder;

a registered person;

a biosecurity certifier;

a certifier authority;

a biosecurity auditor;

an auditor authority;

a person who is subject to a biosecurity direction;

a person who is subject to an enforceable biosecurity undertaking; or

at any reasonable time, enter premises with a biosecurity auditor to facilitate the conduct of a biosecurity audit; or

at any time, enter premises if the director‑general has given the occupier of the premises notice under section 48 (3) (Emergency declarations—authorising actions and recovering costs); or

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

at any time, enter premises with the occupier’s consent; or

at any time, enter premises if the authorised person believes on reasonable grounds that the risk is so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or

if a vehicle is stopped under section 187 (Direction to stop vehicle)—enter the vehicle; or

enter premises in accordance with a search warrant.

However, subsection (1) (a), (1) (b), (1) (c), (1) (d) or (1) (e) does not authorise entry into a part of the premises that is being used only for residential purposes.

If an authorised person wants to ask for consent to enter a building or other structure on premises, the authorised person may, without the occupier’s consent, enter any land that forms part of the premises to ask for the consent.

To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.

An authorised person may enter premises under subsection (1) (a), (1) (b), (1) (c), (1) (d), (1) (g), (1) (h) or (1) (i) using any necessary and reasonable force.

Entry into premises under this section may include entry on foot, by vehicle or other means.