Last Updated: 1 August 2021

[BIO 79] Action in a biosecurity emergency area79 

79
(1) In respect of a biosecurity emergency area—
  • (a)the CEO may request the Commissioner of Police and any department of Government or statutory authority to use their powers and resources to assist in the control or eradication of any pest or disease in the area;
  • (b)the CEO may in writing requisition for the use of the Authority any conveyance or equipment which the Authority reasonably considers is necessary or useful for preventing, eradicating or limiting the spread of a pest or disease;
  • (c)a biosecurity officer may enter upon any land at any time in order to ascertain the status of a pest or disease;
  • (d)the CEO may appoint temporary additional personnel, whether or not having the powers of biosecurity officers, to effectively respond to the biosecurity emergency.
(2) In a biosecurity emergency area, the Authority may do or cause to be done any of the following—
  • (a)mark the boundaries of the emergency area;
  • (b)set up roadblocks at all exits from the area;
  • (c)set up facilities for the cleansing and disinfection of all persons and conveyances entering or leaving the area and any other thing likely to spread any pest or disease;
  • (d)disinfect all conveyances, crates, packing, animals, plants and other things which are likely to carry pests or diseases and which are being sent out of the area;
  • (e)inspect and disinfect all persons and their possessions leaving the area so as to prevent any host material that may be infected from leaving the area;
  • (f)for the purposes of paragraphs (d) and (e), detain persons, animals, plants, animal and plant products goods and vehicles for as long as is necessary to minimise or eliminate the biosecurity risk presented by them;
  • (g)perform surveillance activities to ascertain the extent and status of the emergency.
(3) A person who—
  • (a)resists, knowingly obstructs, or knowingly and without reasonable excuse fails to comply with a direction of the Authority, a biosecurity officer or any police officer or other person performing duties under this section;
  • (b)knowingly enters or leaves a biosecurity emergency area except with and in accordance with the permission of the Authority or a biosecurity officer; or
  • (c)knowingly moves any article out of or into a biosecurity emergency area, or from one place within the area to another place within that area, except with and in accordance with the written permission of the Authority or a biosecurity officer,

commits an offence.

(4) Articles moved in contravention of subsection (3)(c) may be seized by a biosecurity officer and—
  • (a)held pending criminal proceedings for the contravention; or
  • (b)if necessary to remove a biosecurity threat, destroyed as the Authority directs, without a court order.
(5) In respect of action taken under this section—
  • (a)the cost of treatment or destruction of any article is to be borne by the Authority;
  • (b)compensation (but not for consequential loss) is payable to the owner of any land, premises, conveyance or article that is used, lost, destroyed or damaged.