Biosecurity Act 2019

For the purposes of this Act, a measure to be followed that is specified by the Minister in an emergency order is an emergency measure.

The Minister may specify in an emergency order any measures that the Minister decides are reasonably necessary to respond to the biosecurity emergency to which the order relates.

An emergency measure specified in an emergency order is to be no more onerous than the Minister considers necessary in the circumstances, having regard to the nature of the biosecurity emergency to which the order relates.

In deciding on the emergency measures to be specified in an emergency order, the Minister is to have regard to the matters referred to in section 163 and any other matters that the Minister considers relevant.

The emergency measures may apply – within an emergency zone; and outside an emergency zone, but only if the Minister considers that to be reasonably necessary having regard to the nature of the biosecurity emergency to which the order relates.

The emergency measures may – prohibit, regulate or control the doing of any thing; or require or authorise the doing of any thing.

Emergency measures may include, but are not limited to, provisions that prohibit, regulate or control, or that require or authorise, any of the following:activities that involve biosecurity matter, a carrier or a potential carrier; the use of premises for an activity that involves biosecurity matter, a carrier or a potential carrier; the movement of any biosecurity matter, carrier, potential carrier or other thing; the isolation, confinement or detention of any biosecurity matter or other thing; treatment to be carried out in relation to biosecurity matter, a carrier, a potential carrier, premises or other thing; the erection or repair of fencing, gates or any other method of enclosure, or the taking of any other specified security or containment measures in relation to any premises, biosecurity matter or other thing; the erection of signs; the provision of samples of any biosecurity matter or other thing; the testing of any biosecurity matter or other thing; the obtaining of a biosecurity certificate in relation to any biosecurity matter or other thing; the installation or use of a device at any premises, for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing or capturing any biosecurity matter or other thing; the destruction, disposal or eradication of any biosecurity matter or other thing (including by specifying the manner of destruction, disposal or eradication); any other prescribed matters.