Biosecurity Act 2019

A relevant officer may give an individual biosecurity direction by giving the direction to the person who is the subject of the direction – orally, while in the presence of the person, if – the relevant officer is authorised, under his or her instrument of appointment as an authorised officer, to give such a direction orally; or the relevant officer is giving the individual biosecurity direction in an emergency; or by written notice served on the person.

A relevant officer may, in an emergency, give an individual biosecurity direction to an occupier of premises by displaying notice of the direction in a prominent place on or adjacent to the premises.

Written confirmation of any individual biosecurity direction that is given orally or in the manner referred to in subsection (2) is to be served on the person who is the subject of the direction within 7 days after it is so given, unless the direction has already been complied with.

If a relevant officer gives an individual biosecurity direction in an emergency, the direction is to include a warning that the direction is being given in an emergency.

A failure to comply with subsection (4) in respect of a biosecurity direction does not affect the validity of the biosecurity direction.

Without limiting the generality of this Division, an individual biosecurity direction may include provisions that prohibit, regulate or control, or that require, any of the following:the use of any premises, vehicle or equipment for any dealing with any biosecurity matter or other thing; the isolation, confinement or detention of any biosecurity matter or other thing; the erection or repair of fencing, gates or any other method of enclosure, or other specified security or containment measures in relation to any premises, biosecurity matter or other thing; the erection of signs; the movement of any biosecurity matter, carrier, potential carrier or other thing; treatment in relation to any biosecurity matter, carrier, potential carrier, premises or other thing; 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 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 thing; any other matters expressly authorised by an emergency order, control order or the regulations.

A power under subsection (6) to require a person to do something includes a power to require a person to arrange for, or cause, that thing to be done.