Effect and duration of biosecurity emergency order
115 Effect and duration of biosecurity emergency order
A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.
The chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.
Unless a biosecurity emergency order is sooner revoked under subsection (2), the order expires on—
the day that is 42 days after the order begins to have effect; or
an earlier day stated in the order for that purpose.
Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.
If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force—
another provision of this Act or a regulation under this Act;Example for paragraph (a)—A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46(5).
biosecurity zone regulatory provisions;
a movement control order;
a code of practice.
A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order.Example for subsection (6)—A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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