Biosecurity Act 2023

An emergency declaration must not require or authorise the destruction of any biosecurity matter or other thing unless the Minister is satisfied that—

the destruction is reasonably necessary to manage a significant biosecurity impact; or

the destruction is reasonably necessary to detect, diagnose or determine the cause of a disease; or

if the biosecurity matter to be destroyed is an animal—the destruction is necessary to prevent or minimise an adverse effect on animal welfare, including any distress or likely distress to an animal.

If an emergency declaration requires or authorises the destruction of any biosecurity matter or other thing, the Minister must ensure that a copy of the declaration is given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless—

there appears to be no‑one immediately in control of it, and the owner or person in charge cannot be found after reasonable inquiry; and

the Minister considers that, in the circumstances, the declaration must be carried out without delay or prior notice to the owner or person in charge.