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Biosecurity Act 2014
sch.3-sec.132Emergency quarantine notices
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### sch.3-sec.132 Emergency quarantine notices
This section applies if—
under the amended Act, section 90—
the chief executive gives a landowner an emergency quarantine notice; or
the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and
immediately before the commencement, the emergency quarantine notice is still in force.
On the commencement—
the emergency quarantine notice—
is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and
continues to have effect for the period it would have had effect under the amended Act, section 90; and
the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and
the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.
Subsection (4) applies if—
the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and
immediately before the commencement, the authorised person has not taken the action.
On the commencement—
the authorised person may take the action required under that section; and
the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.
(sch.3-sec.132-ssec.1) This section applies if— under the amended Act, section 90— the chief executive gives a landowner an emergency quarantine notice; or the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and immediately before the commencement, the emergency quarantine notice is still in force.
(sch.3-sec.132-ssec.2) On the commencement— the emergency quarantine notice— is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and continues to have effect for the period it would have had effect under the amended Act, section 90; and the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.
(sch.3-sec.132-ssec.3) Subsection (4) applies if— the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and immediately before the commencement, the authorised person has not taken the action.
(sch.3-sec.132-ssec.4) On the commencement— the authorised person may take the action required under that section; and the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.
- (a) under the amended Act, section 90— (i) the chief executive gives a landowner an emergency quarantine notice; or (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and
- (i) the chief executive gives a landowner an emergency quarantine notice; or
- (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and
- (b) immediately before the commencement, the emergency quarantine notice is still in force.
- (i) the chief executive gives a landowner an emergency quarantine notice; or
- (ii) the chief executive officer of a local government gives a landowner in the local government’s area an emergency quarantine notice; and
- (a) the emergency quarantine notice— (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and
- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and
- (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and
- (b) the land to which the notice relates, stated in the notice, is taken to be the biosecurity emergency area for the biosecurity emergency order; and
- (c) the class 1 or class 2 pest, within the meaning of the amended Act, that is identified in the notice is taken to be biosecurity matter associated with the biosecurity event the subject of the biosecurity emergency order.
- (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and
- (ii) continues to have effect for the period it would have had effect under the amended Act, section 90; and
- (a) the chief executive or the chief executive officer directs an authorised person under the amended Act, section 91, to take action that a person was required to take under the emergency quarantine notice; and
- (b) immediately before the commencement, the authorised person has not taken the action.
- (a) the authorised person may take the action required under that section; and
- (b) the amended Act, sections 93 and 295 continue to apply as if this Act had not been enacted.