Biosecurity Act 2019

An authorised officer may, in any place or premises lawfully entered, do anything that the authorised officer reasonably believes is necessary to be done for an authorised purpose.

Without limiting subsection (1), an authorised officer may do one or more of the following in a place or premises lawfully entered:examine and inspect any thing; take and remove samples of any thing; make any examinations, inquiries or tests that the authorised officer considers necessary; carry out any treatment in relation to any biosecurity matter, carrier, potential carrier, premises, vehicle or other thing; isolate, confine or detain any biosecurity matter or other thing; erect or repair fencing, gates or any other method of enclosure, or perform any other security or containment measures in relation to any premises, biosecurity matter or other thing; erect signs; move or muster any biosecurity matter or other thing; stop, detain, move, search, examine or inspect a vehicle or direct a person in control, or charge, of a vehicle to stop or move the vehicle; require persons entering or leaving specified premises, or an area, in a vehicle to – stop the vehicle; and allow the vehicle to be inspected; and allow treatment to be carried out in relation to the vehicle; install or use any device, trap, bait or equipment for the purpose of detecting or monitoring the presence of any biosecurity matter or other thing; install any device, trap, bait or equipment for the purpose of capturing or killing, or otherwise controlling, any biosecurity matter or other thing; take any photographs, video or other recordings that the authorised officer considers necessary; require records to be produced for inspection; examine and inspect any records or documents; seize, copy and take extracts of any relevant records or documents; seize any biosecurity matter or other thing if the authorised officer reasonably believes that seizure of the biosecurity matter or other thing is necessary to assess, prevent, eliminate, minimise, control or manage a biosecurity risk posed by or in relation to the biosecurity matter or other thing; seize any thing that the authorised officer reasonably suspects is connected with an offence 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 the occupier of the premises where a thing is seized to retain it at those premises or at another place under the control of the occupier; mark, brand, tag, or affix any device to, biosecurity matter or a carrier for identification or tracing purposes; destroy, dispose of or eradicate any thing, in accordance with this Act; do anything else authorised, or prescribed, by or under this Act.

The power of an authorised officer to examine and inspect any thing includes a power to use reasonable force to break open or otherwise access a container, vehicle or other thing being used, or suspected of being used, to hold or contain any thing.

The power of an authorised officer to seize any thing that an authorised officer reasonably suspects is connected with an offence includes a power to seize – a thing in respect of which the offence may have been, or has been, committed; or a thing that will afford evidence of the commission of the offence; or a thing that may have been used, or was used, for the purpose of committing the offence.

The power of an authorised officer to do a thing under this Act includes a power to arrange for, direct or cause that thing to be done.

The power of an authorised officer to do something under this Act in relation to a thing may be exercised without the consent of the owner of the thing.