sec.124Chief executive may make movement control order

### sec.124 Chief executive may make movement control order The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order ) for managing, reducing or eradicating stated biosecurity matter ( controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier. A movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period. A movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period. The chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order. A movement control order may exclude stated persons, or persons of a particular class, from its operation. A movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter. As soon as practicable after making a movement control order, the chief executive must— publish in the gazette a notice of the making of the movement control 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 or text messages; SMS messaging in an area to which the movement control order relates automated telephoning. A movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5) . A movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order. If a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State. Unless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made. Without limiting the chief executive’s power to revoke a movement control order— if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and a regulation may revoke a movement control order. To remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent. In this section— manage , biosecurity matter, includes— prevent its transmission or spread; and address the biosecurity risk posed by it. restrict includes allow on conditions. (sec.124-ssec.1) The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order ) for managing, reducing or eradicating stated biosecurity matter ( controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier. (sec.124-ssec.2) A movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period. A movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period. (sec.124-ssec.3) The chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order. (sec.124-ssec.4) A movement control order may exclude stated persons, or persons of a particular class, from its operation. A movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter. (sec.124-ssec.5) As soon as practicable after making a movement control order, the chief executive must— publish in the gazette a notice of the making of the movement control 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 or text messages; SMS messaging in an area to which the movement control order relates automated telephoning. (sec.124-ssec.6) A movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5) . (sec.124-ssec.7) A movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order. If a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State. (sec.124-ssec.8) Unless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made. (sec.124-ssec.9) Without limiting the chief executive’s power to revoke a movement control order— if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and a regulation may revoke a movement control order. (sec.124-ssec.10) To remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent. (sec.124-ssec.11) In this section— manage , biosecurity matter, includes— prevent its transmission or spread; and address the biosecurity risk posed by it. restrict includes allow on conditions. - (a) publish in the gazette a notice of the making of the movement control 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 or text messages; Example— SMS messaging in an area to which the movement control order relates (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails or text messages; Example— SMS messaging in an area to which the movement control order relates - (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails or text messages; Example— SMS messaging in an area to which the movement control order relates - (iii) automated telephoning. - (a) if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and - (b) a regulation may revoke a movement control order. - (a) prevent its transmission or spread; and - (b) address the biosecurity risk posed by it.