QLDIn ForceAct
Biosecurity Act 2014
sec.127AAdditional powers of inspector for place within an area the subject of a movement control order
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### sec.127A Additional powers of inspector for place within an area the subject of a movement control order
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 a place to which a movement control order relates, and to the extent reasonably necessary for managing, reducing or eradicating controlled biosecurity matter, do any of the following—
enter and re-enter the place—
with consent; or
without consent, other than at night;
give a direction restricting the movement of controlled biosecurity matter;
direct a person to move controlled biosecurity matter to a stated area within the place;
remove controlled biosecurity matter from the place;
direct a person to inspect or test controlled biosecurity matter at the place;
direct a person to clean or disinfect the place or any structure or thing at the place;
direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place;
take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.
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 movement control 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.
s 127A ins 2024 No. 17 s 91
(sec.127A-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 a place to which a movement control order relates, and to the extent reasonably necessary for managing, reducing or eradicating controlled biosecurity matter, do any of the following— enter and re-enter the place— with consent; or without consent, other than at night; give a direction restricting the movement of controlled biosecurity matter; direct a person to move controlled biosecurity matter to a stated area within the place; remove controlled biosecurity matter from the place; direct a person to inspect or test controlled biosecurity matter at the place; direct a person to clean or disinfect the place or any structure or thing at the place; direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place; take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.
(sec.127A-ssec.2) Subsection (1) does not authorise the entry of a residence.
(sec.127A-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 movement control order.
(sec.127A-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.127A-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.
- (a) enter and re-enter the place— (i) with consent; or (ii) without consent, other than at night;
- (i) with consent; or
- (ii) without consent, other than at night;
- (b) give a direction restricting the movement of controlled biosecurity matter;
- (c) direct a person to move controlled biosecurity matter to a stated area within the place;
- (d) remove controlled biosecurity matter from the place;
- (e) direct a person to inspect or test controlled biosecurity matter at the place;
- (f) direct a person to clean or disinfect the place or any structure or thing at the place;
- (g) direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place;
- (h) take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.
- (i) with consent; or
- (ii) without consent, other than at night;