sec.113Chief executive may make biosecurity emergency order

### sec.113 Chief executive may make biosecurity emergency order The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order ) for responding to a biosecurity event. A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area. A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza. As soon as practicable after making a biosecurity emergency order, the chief executive must— publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; SMS messaging in the biosecurity emergency area automated telephoning. A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter. The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary. The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact. The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all. However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer. If it has not been practicable to consult with the Minister or the chief health officer under subsection (5) , the chief executive must consult as soon as practicable after the making of the biosecurity emergency order. A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2) , (5) or (6) . To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent. (sec.113-ssec.1) The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order ) for responding to a biosecurity event. A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area. A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza. (sec.113-ssec.2) As soon as practicable after making a biosecurity emergency order, the chief executive must— publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; SMS messaging in the biosecurity emergency area automated telephoning. (sec.113-ssec.3) A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter. (sec.113-ssec.4) The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary. The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact. The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all. (sec.113-ssec.5) However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer. (sec.113-ssec.6) If it has not been practicable to consult with the Minister or the chief health officer under subsection (5) , the chief executive must consult as soon as practicable after the making of the biosecurity emergency order. (sec.113-ssec.7) A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2) , (5) or (6) . (sec.113-ssec.8) To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent. - 1 A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area. - 2 A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza. - (a) publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and - (b) take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area - (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails and text messages; Example— SMS messaging in the biosecurity emergency area - (iii) automated telephoning. - 1 The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact. - 2 The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.