Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) During a biosecurity emergency period, the Agriculture Minister may determine any requirement that he or she is satisfied is appropriate and adapted to prevent or control the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory.
Note 1: For a limit on requiring individuals to be subject to certain biosecurity measures, see section 448.
Note 2: A person who fails to comply with a requirement determined under this subsection may commit an offence or contravene a civil penalty provision (see section 449).
Note 3: This power may be delegated (see section 453).
(2) A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
(3) Without limiting subsection (1), the requirements that the Agriculture Minister may determine include the following:
(a) requirements that apply to persons, goods or conveyances when entering or leaving specified places;
(b) requirements that restrict or prevent the movement of persons, goods or conveyances in or between specified places;
(c) requirements for specified places to be evacuated;
(d) requirements for goods or conveyances to be removed from specified places;
(e) requirements that goods be treated in a specified way or destroyed.
(4) A requirement determined under subsection (1) has effect despite any provision of any other Australian law.
When determination ceases to have effect
(5) A determination made under subsection (1) ceases to have effect at the end of the biosecurity emergency period, unless it is revoked earlier.