Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 333

Requirements may be imposed by notice in writing

  (1)   A biosecurity officer may, by notice in writing, impose any of the following requirements in relation to premises:

  (a)   a requirement that persons entering or leaving the premises do so at specified places;

  (b)   a requirement that specified classes of persons not enter the premises;

  (c)   a requirement that persons entering, or in, the premises wear specified clothing or equipment (or both) that is designed to prevent a disease or pest from emerging, establishing itself or spreading in the premises;

  (d)   a requirement that persons not interfere with the premises.

Note 1:   Premises include a conveyance (see paragraph   (a) of the definition of premises in section   9).

Note 2:   The powers in this section may also be exercised in relation to premises in a biosecurity activity zone (see subsection   399(2)).

Note 3:   A person may commit an offence or contravene a civil penalty provision if the person fails to comply with a requirement imposed under this subsection that applies to the person (see section   349).

  (2)   If a notice under subsection   (1) imposes the requirement referred to in paragraph   (1)(c), the notice must also specify the following:

  (a)   the circumstances in which a person is required to wear the clothing or equipment;

  (b)   the period during which, or the times at which, the person is required to wear the clothing or equipment;

  (c)   instructions for wearing the clothing or equipment.

  (3)   Except as permitted by paragraph   (1)(b) or (c), a notice under subsection   (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division   3 of Part   3 of Chapter   2.

Note:   That Subdivision sets out the biosecurity measures that may be included in a human biosecurity control order.

  (4)   However, subsection   (3) does not prevent the Director of Biosecurity or a biosecurity officer exercising a power under Subdivision B of Division   2 of Part   4 of Chapter   10.

Note:   Under that Subdivision, a biosecurity officer may request an individual to be decontaminated, and may require an individual's clothing and any personal effects to be decontaminated.

Notice must be affixed to premises

  (5)   A notice under subsection   (1) in relation to premises must be affixed at each entry and exit point of the premises.

Notice is not a legislative instrument

  (6)   A notice under subsection   (1) is not a legislative instrument.