Biosecurity Act 2023

An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises:

inspect anything, including using reasonable force to break open or otherwise access a container, vehicle or other thing being used, or suspected of being used, to hold or contain another thing;

inspect and copy, or take extracts from, documents relating to a failure to comply, or likely failure to comply, with this Act;

take images or other recordings;

move any biosecurity matter or other thing;

isolate, confine or detain any biosecurity matter or other thing;

carry out a treatment measure in relation to any biosecurity matter, premises or other thing;

erect or repair any fencing, gate or any other method of enclosure, or carry out any other security or containment measure in relation to the premises or any biosecurity matter or other thing;

erect signs;

take and remove samples of anything;

carry out any tests that the authorised person considers necessary;

mark, brand, tag, or attach a device or other identifier to any biosecurity matter or carrier to identify or trace the biosecurity matter or carrier;

install or use a device at the premises to detect or monitor the presence of any biosecurity matter or other thing;

install or use a device or bait at the premises to capture, kill or otherwise control any biosecurity matter or other thing;

destroy, dispose of or eradicate anything, in accordance with this Act;

do anything else prescribed by regulation.

A person commits an offence if the person interferes with a sign, device, or any other equipment placed by an authorised person under subsection (1).

A person commits an offence if the person intentionally or negligently interferes with a sign, device, or any other equipment placed by an authorised person under subsection (1).

An offence against subsection (2) is a strict liability offence.

It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that they had a reasonable excuse for interfering with the sign, device or other equipment.

The defendant has a legal burden in relation to the matters mentioned in s (5) (see Criminal Code, s 59).