Circumstances in which powers set out in this Division may be exercised
332 Circumstances in which powers set out in this Division may be exercised
A power set out in a provision of this Division must not be exercised in relation to goods or premises in Australian territory unless:
the power is specified in a biosecurity control order that relates to the goods or premises; or
the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone.
A power set out in a provision of this Division that is specified in a biosecurity control order or a biosecurity response zone determination may be exercised for the purpose of managing the biosecurity risk posed by a disease or pest to which the order or determination relates (see sections 360 and 370).
Before exercising a power specified in a biosecurity control order or a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Part 5 deals with biosecurity response zones.
This section has effect subject to subsection 399(2).
Subsection 399(2) provides that the powers set out in sections 333 and 334 (entry and exit requirements) may be exercised in relation to premises in a biosecurity activity zone.
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