QLDIn ForceAct
Biosecurity Act 2014
sec.115Effect and duration of biosecurity emergency order
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### sec.115 Effect and duration of biosecurity emergency order
A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.
The chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.
Unless a biosecurity emergency order is sooner revoked under subsection (2) , the order expires on—
the day that is 42 days after the order begins to have effect; or
an earlier day stated in the order for that purpose.
Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.
If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force—
another provision of this Act or a regulation under this Act;
A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) .
biosecurity zone regulatory provisions;
a movement control order;
a code of practice.
A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order.
A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.
s 115 amd 2015 No. 15 s 45 ; 2016 No. 28 s 37 ; 2024 No. 17 s 89
(sec.115-ssec.1) A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.
(sec.115-ssec.2) The chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.
(sec.115-ssec.3) Unless a biosecurity emergency order is sooner revoked under subsection (2) , the order expires on— the day that is 42 days after the order begins to have effect; or an earlier day stated in the order for that purpose.
(sec.115-ssec.4) Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.
(sec.115-ssec.5) If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force— another provision of this Act or a regulation under this Act; A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) . biosecurity zone regulatory provisions; a movement control order; a code of practice.
(sec.115-ssec.6) A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order. A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.
- (a) the day that is 42 days after the order begins to have effect; or
- (b) an earlier day stated in the order for that purpose.
- (a) another provision of this Act or a regulation under this Act; Example for paragraph (a) — A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46 (5) .
- (b) biosecurity zone regulatory provisions;
- (c) a movement control order;
- (d) a code of practice.