Biosecurity Act 2014

The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order) for responding to a biosecurity event.

As soon as practicable after making a biosecurity emergency order, the chief executive must—

publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and

take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—

advertising in newspapers, on radio and on television;

electronically using emails and text messages;Example—SMS messaging in the biosecurity emergency area

automated telephoning.

A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter.

The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary.

However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer.

If it has not been practicable to consult with the Minister or the chief health officer under subsection (5), the chief executive must consult as soon as practicable after the making of the biosecurity emergency order.

A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2), (5) or (6).

To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent.