sec.114Matters for inclusion in biosecurity emergency order

### sec.114 Matters for inclusion in biosecurity emergency order A biosecurity emergency order must include provisions that state— the nature and apparent extent of the biosecurity emergency the subject of the order; and the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and the duties and obligations imposed on— occupiers of any place within the biosecurity emergency area or a part of the area; and other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and when the order expires if it is not sooner revoked; and any conditions relating to the conduct of the response to the biosecurity emergency. Without limiting subsection (1) , a biosecurity emergency order may include any of the following— a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration; a prohibition on dealing with biosecurity matter or a carrier; a prohibition or restriction on the movement of biosecurity matter or of a carrier— into the State; or into or out of the biosecurity emergency area; or into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or within the biosecurity emergency area; conditions that must be complied with for movement of a type mentioned in paragraph (c) ; requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made; The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home. actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter; requirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area— to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order; requirements for notifying an inspector about the presence of particular biosecurity matter; a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order; an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier; a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order; requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier; methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order. Also, a biosecurity emergency order may— establish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints. Without limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following— an area outlined on a map; coordinates located using global positioning systems; real property descriptions; local government area boundaries or boundaries of divisions within a local government’s area; electoral boundaries applying for State or Commonwealth elections; geographical features, including, for example, roads and rivers. s 114 amd 2024 No. 17 s 88 (sec.114-ssec.1) A biosecurity emergency order must include provisions that state— the nature and apparent extent of the biosecurity emergency the subject of the order; and the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and the duties and obligations imposed on— occupiers of any place within the biosecurity emergency area or a part of the area; and other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and when the order expires if it is not sooner revoked; and any conditions relating to the conduct of the response to the biosecurity emergency. (sec.114-ssec.2) Without limiting subsection (1) , a biosecurity emergency order may include any of the following— a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration; a prohibition on dealing with biosecurity matter or a carrier; a prohibition or restriction on the movement of biosecurity matter or of a carrier— into the State; or into or out of the biosecurity emergency area; or into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or within the biosecurity emergency area; conditions that must be complied with for movement of a type mentioned in paragraph (c) ; requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made; The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home. actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter; requirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area— to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order; requirements for notifying an inspector about the presence of particular biosecurity matter; a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order; an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier; a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order; requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier; methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order. (sec.114-ssec.3) Also, a biosecurity emergency order may— establish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints. (sec.114-ssec.4) Without limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following— an area outlined on a map; coordinates located using global positioning systems; real property descriptions; local government area boundaries or boundaries of divisions within a local government’s area; electoral boundaries applying for State or Commonwealth elections; geographical features, including, for example, roads and rivers. - (a) the nature and apparent extent of the biosecurity emergency the subject of the order; and - (b) the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and - (c) the duties and obligations imposed on— (i) occupiers of any place within the biosecurity emergency area or a part of the area; and (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and - (i) occupiers of any place within the biosecurity emergency area or a part of the area; and - (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and - (d) when the order expires if it is not sooner revoked; and - (e) any conditions relating to the conduct of the response to the biosecurity emergency. - (i) occupiers of any place within the biosecurity emergency area or a part of the area; and - (ii) other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and - (a) a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration; - (b) a prohibition on dealing with biosecurity matter or a carrier; - (c) a prohibition or restriction on the movement of biosecurity matter or of a carrier— (i) into the State; or (ii) into or out of the biosecurity emergency area; or (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or (v) within the biosecurity emergency area; - (i) into the State; or - (ii) into or out of the biosecurity emergency area; or - (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or - (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or - (v) within the biosecurity emergency area; - (d) conditions that must be complied with for movement of a type mentioned in paragraph (c) ; - (e) requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made; Example— The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home. - (f) actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter; - (g) requirements for a person (the relevant person ), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area— (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; - (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or - (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or - (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; - (h) a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order; - (i) requirements for notifying an inspector about the presence of particular biosecurity matter; - (j) a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order; - (k) an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier; - (l) a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order; - (m) requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier; - (n) methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order. - (i) into the State; or - (ii) into or out of the biosecurity emergency area; or - (iii) into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or - (iv) out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or - (v) within the biosecurity emergency area; - (i) to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or - (ii) to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person; or - (iii) to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order; - (a) establish checkpoints ( biosecurity emergency checkpoints ) within or near the biosecurity emergency area for the order; and - (b) include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints. - (a) an area outlined on a map; - (b) coordinates located using global positioning systems; - (c) real property descriptions; - (d) local government area boundaries or boundaries of divisions within a local government’s area; - (e) electoral boundaries applying for State or Commonwealth elections; - (f) geographical features, including, for example, roads and rivers.