sec.121Biosecurity emergency order permit

### sec.121 Biosecurity emergency order permit This section applies to a person who is subject to the operation of a biosecurity emergency order. The person may apply to an inspector for a permit (a biosecurity emergency order permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order. The inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit— will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and will not otherwise be detrimental to the effectiveness of the biosecurity emergency order. A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order. A biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3) . A person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit. A biosecurity emergency order permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description. An inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order— change the conditions of the permit; or cancel the permit. An inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel. This section does not apply to an inspector who is also a police officer. (sec.121-ssec.1) This section applies to a person who is subject to the operation of a biosecurity emergency order. (sec.121-ssec.2) The person may apply to an inspector for a permit (a biosecurity emergency order permit ) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order. (sec.121-ssec.3) The inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit— will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and will not otherwise be detrimental to the effectiveness of the biosecurity emergency order. A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order. (sec.121-ssec.4) A biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3) . (sec.121-ssec.5) A person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit. (sec.121-ssec.6) A biosecurity emergency order permit may authorise a person to perform or not to perform— a stated activity; or activities of a stated description. (sec.121-ssec.7) An inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order— change the conditions of the permit; or cancel the permit. (sec.121-ssec.8) An inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel. (sec.121-ssec.9) This section does not apply to an inspector who is also a police officer. - (a) will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and - (b) will not otherwise be detrimental to the effectiveness of the biosecurity emergency order. Example of circumstance in which a permit might be granted— A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order. - (a) a stated activity; or - (b) activities of a stated description. - (a) change the conditions of the permit; or - (b) cancel the permit.