Giving biosecurity order
373 Giving biosecurity order
If an authorised officer reasonably believes that a person has failed, or may fail, to discharge the person’s general biosecurity obligation at a place, the authorised officer may give the person (the recipient) an order (a biosecurity order).
The authorised officer may give the person the biosecurity order regardless of the circumstances in which the authorised officer forms the belief.
Examples—
1 An authorised officer enters a place under a biosecurity emergency order made for responding to an outbreak of equine influenza. The authorised officer notices Mexican feather grass (an invasive plant that is restricted matter) at the place. The authorised officer may give the occupier of the place a biosecurity order for the Mexican feather grass.
2 Under a prevention and control program, an authorised officer appointed by the chief executive enters a place to which the program applies. The biosecurity matter the subject of the program is red imported fire ants. The authorised officer notices the person is keeping tilapia at the place. Tilapia is category 7 restricted matter. The authorised officer may give the occupier of the place a biosecurity order for the tilapia.
A biosecurity order must be directed at ensuring the recipient discharges his or her general biosecurity obligation at the place, and may in particular be directed at ensuring the recipient discharges the general biosecurity obligation for particular biosecurity matter.
The biosecurity order may state that an authorised officer proposes, at a stated time or at stated intervals, to enter any of the following where biosecurity matter or a carrier, the subject of the order, is kept to check compliance with the order—
the place;
a vehicle of which the recipient is the person in control;
another place of which the recipient is the occupier.
Note—See section 270 for the procedure for entry to check compliance with a biosecurity order.
The biosecurity order may state how the recipient may show that the stated action has been taken.
This Act’s bill:Explanatory memorandumSecond reading speech
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