Biosecurity Act 2025

An authorised officer may do anything that in the opinion of the authorised officer is reasonably necessary to be done for an authorised purpose, including (but not limited to) the things specified in subsection

.

An authorised officer may do any or all of the following:

enter, inspect and search and, if necessary, use reasonable force to break into or open—

any premises or vehicle; or

part of, or anything in or on, any premises or vehicle;

require a vehicle to stop, or to be presented at a place and time specified by the authorised officer, and board any vessel or craft;

give directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing;

as

part of an inspection, require a person to produce a document, record or other information, including a document, record or other information that is stored by in an electronic or other form;

examine, copy or take extracts from a document, record or other information so produced or require a person to provide a copy of any such document, record or other information;

bring any vehicle onto any premises;

bring any equipment or other thing onto any premises or onto or into any vehicle, and use that equipment;

examine and inspect any thing;

take and remove samples of any thing (including any thing under land);

make any examinations, inquiries or tests;

carry out measures in relation to any biosecurity matter, carrier, potential carrier, premises, vehicle or other thing, including to cleanse, disinfect or otherwise treat any such thing or to subject any such thing to any treatment measure;

isolate, confine or detain any biosecurity matter, carrier or other thing;

construct, reinforce or repair any building, fencing, gates, structures, barriers or other methods of enclosure, or carry out any other security or containment measures in relation to any premises, biosecurity matter, carrier or other thing;

erect signs;

move any biosecurity matter, carrier or other thing;

apply, install, inspect, use or retrieve any device, bait, lure, trap or other equipment for the purpose of detecting, identifying, monitoring, controlling, capturing, suppressing, destroying or eradicating any biosecurity matter, carrier or other thing;

carry out any activity, work or operation as may be necessary for the detection, identification, monitoring, controlling, capture, suppression, disposal, destruction or eradication of any biosecurity matter, carrier or other thing;

verify that the packaging or labelling of any animal or plant, or animal product or plant product, complies with this Act or a corresponding law;

evaluate any facilities or equipment used in or in connection with, or processes or procedures carried out at or on, any premises or vehicle, including at any artificial breeding centre or veterinary diagnostic laboratory;

take any photographs, films or audio, video or other recordings;

seize any biosecurity matter, carrier or other thing if the authorised officer has reasonable grounds for believing that seizure of the biosecurity matter, carrier or other thing is necessary to prevent, eliminate, minimise, control or manage a biosecurity risk posed by or in relation to the biosecurity matter, carrier or thing;

seize any thing that the authorised officer has reasonable grounds for believing—

is connected with an offence under this Act or the regulations; or

without limiting subparagraph (i), is being held or maintained contrary to any requirement of this Act, or is prohibited from being in the State or a relevant part of the

State under this Act;

move any seized thing from the place where it is seized or leave it at the place where it is seized and take reasonable action to restrict access to the thing;

direct an occupier of premises where a thing is seized to retain it at those premises or at another place under the control of the occupier;

require a person to deliver any biosecurity matter or carrier to a quarantine station, or to any other place specified by the authorised officer;

identify, by marking, branding, tagging, implanting microchips or otherwise, any premises, vehicle, biosecurity matter, carrier or other thing;

use reasonable force to prevent the commission of an offence under this

Act;

do anything else authorised by or under this Act;

give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this

Act.

An authorised officer may only use force under subsection (2)(a) to break into premises or a vehicle on the authority of a warrant or in circumstance where the authorised officer is acting in the case of an emergency.

Subject to subsection (5), if an authorised officer seizes any biosecurity matter, carrier or other thing under subsection (2)(u), the authorised officer may do 1 or more of the following in relation to the biosecurity matter, carrier or other thing:

retain it;

cleanse, disinfect or otherwise treat it or subject it to any treatment measure;

submit it for testing and analysis;

return it to its owner subject to any specified conditions.

If an authorised officer seizes anything under subsection (2)(v) or acts in the circumstances described in subsection (2)(u) and has (at the time of so acting or subsequently) reasonable grounds for believing that the thing is or was also liable to seizure under subsection (2)(v)—

the authorised officer may retain it and do 1 or both of the following in relation to the biosecurity matter, carrier or other thing:

cleanse, disinfect or otherwise treat it or subject it to any treatment measures;

submit it for testing and analysis; and

section 239 applies in relation to the seizure.

Despite a preceding subsection, if any biosecurity matter, carrier or other thing has been seized by an authorised officer, the biosecurity matter, carrier or other thing may be destroyed or disposed of in such manner as the Chief Executive approves if the Chief Executive believes on reasonable grounds that such action should be taken.

The power to seize any thing in connection with an offence includes the power to seize—

a thing with respect to which the offence has been committed;

a thing that will afford evidence of the commission of the offence;

a thing that was used for the purpose of committing the offence.

In this section, a reference to an offence includes a reference to an offence that there are reasonable grounds for believing has been committed.

A power to do something under this section in relation to a thing may be exercised without the consent of the owner of the thing.

The power to do a thing under this section includes the power to arrange for that thing to be done.

An authorised officer who is not a veterinary surgeon must not carry out any veterinary treatment within the meaning of the Veterinary

Practice Act 2003 unless authorised to do so by the Chief Veterinary Officer to carry out veterinary treatment of that kind.