sec.119Additional powers of inspector for place within a biosecurity emergency area

### sec.119 Additional powers of inspector for place within a biosecurity emergency area Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following— enter and re-enter the place with or without consent; if the place is private property, inspect any vehicle at the place; establish an area on or over the place to isolate biosecurity matter or a carrier; give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place; direct a person to move biosecurity matter or a carrier from the place to another place; direct a person at the place to answer questions about the place or anything that has happened at the place; demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard; clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place; destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place; direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place; remove biosecurity matter or a carrier from the place; make, or direct a person at the place to make, equipment at the place inoperable; dismantle the equipment or take away a component of the equipment direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document; take any other action reasonably necessary for managing the biosecurity emergency. Subsection (1) does not authorise the entry of a residence. An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order. Subject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances. A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. For this section, a place is private property if it is not a place— that is open to, or used by, the public; or that the public is entitled to use. A structure or other property may be demolished, or be directed to be demolished, under subsection (1) (g) only with the written approval of the chief executive. This section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10 , part 1 , division 3 , for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment. s 119 amd 2016 No. 27 s 31 (sec.119-ssec.1) Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following— enter and re-enter the place with or without consent; if the place is private property, inspect any vehicle at the place; establish an area on or over the place to isolate biosecurity matter or a carrier; give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place; direct a person to move biosecurity matter or a carrier from the place to another place; direct a person at the place to answer questions about the place or anything that has happened at the place; demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard; clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place; destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place; direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place; remove biosecurity matter or a carrier from the place; make, or direct a person at the place to make, equipment at the place inoperable; dismantle the equipment or take away a component of the equipment direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document; take any other action reasonably necessary for managing the biosecurity emergency. (sec.119-ssec.2) Subsection (1) does not authorise the entry of a residence. (sec.119-ssec.3) An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order. (sec.119-ssec.4) Subject to subsection (3) , an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances. (sec.119-ssec.5) A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. (sec.119-ssec.6) For this section, a place is private property if it is not a place— that is open to, or used by, the public; or that the public is entitled to use. (sec.119-ssec.7) A structure or other property may be demolished, or be directed to be demolished, under subsection (1) (g) only with the written approval of the chief executive. (sec.119-ssec.8) This section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10 , part 1 , division 3 , for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment. - (a) enter and re-enter the place with or without consent; - (b) if the place is private property, inspect any vehicle at the place; - (c) establish an area on or over the place to isolate biosecurity matter or a carrier; - (d) give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c) , or direct a person to stay at or in another stated place; - (e) direct a person to move biosecurity matter or a carrier from the place to another place; - (f) direct a person at the place to answer questions about the place or anything that has happened at the place; - (g) demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard; - (h) clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place; - (i) destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place; - (j) direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place; - (k) remove biosecurity matter or a carrier from the place; - (l) make, or direct a person at the place to make, equipment at the place inoperable; Example— dismantle the equipment or take away a component of the equipment - (m) direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document; - (n) take any other action reasonably necessary for managing the biosecurity emergency. - (a) that is open to, or used by, the public; or - (b) that the public is entitled to use.