Limits on power to give directions and take actions
447 Limits on power to give directions and take actions
Before the Agriculture Minister makes a decision to exercise a power under subsection 446(1), the Minister must be satisfied of all of the following:
that exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised;
that the manner in which the power is to be exercised is no more restrictive or intrusive than is required in the circumstances;
if the power is to be exercised in relation to an individual—that the power is no more restrictive or intrusive than is required in the circumstances;
if the power is to be exercised during a period—that the period during which the power is to be exercised is only for as long as is necessary.
This section also applies to a person who is exercising a power under subsection 446(1) in accordance with a delegation or subdelegation under section 453 or 454 (see section 34A of the Acts Interpretation Act 1901).
If the power is to be exercised in relation to a conveyance, the Agriculture Minister must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.
Subsection (1) does not apply in relation to the giving of a direction of a kind referred to in paragraph 446(2)(h) or (i) (directions to Commonwealth officials).
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