sec.31Chief executive may make emergency prohibited matter declaration          

### sec.31 Chief executive may make emergency prohibited matter declaration           The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration )— declare any of the following to be prohibited matter— biosecurity matter not mentioned in schedule 1 ; biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter. The chief executive may make an emergency prohibited matter declaration under subsection (1) (a) only if the chief executive is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and urgent action is required to declare the biosecurity matter to be prohibited matter. The chief executive may make an emergency prohibited matter declaration under subsection (1) (b) only if the chief executive is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and urgent action is required to declare the biosecurity matter not to be prohibited matter. The chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made. As soon as practicable after making an emergency prohibited matter declaration, the chief executive must— publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; automated telephoning. An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5) . s 31 amd 2024 No. 17 s 111 (uncommenced amendment) (sec.31-ssec.1) The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration )— declare any of the following to be prohibited matter— biosecurity matter not mentioned in schedule 1 ; biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter. (sec.31-ssec.2) The chief executive may make an emergency prohibited matter declaration under subsection (1) (a) only if the chief executive is satisfied that— the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and urgent action is required to declare the biosecurity matter to be prohibited matter. (sec.31-ssec.3) The chief executive may make an emergency prohibited matter declaration under subsection (1) (b) only if the chief executive is satisfied that— 1 or more of the following applies— the biosecurity matter is no longer contained and can not be eradicated; the biosecurity matter has spread and is in a large area of the State; the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and urgent action is required to declare the biosecurity matter not to be prohibited matter. (sec.31-ssec.4) The chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made. (sec.31-ssec.5) As soon as practicable after making an emergency prohibited matter declaration, the chief executive must— publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— advertising in newspapers, on radio and on television; electronically using emails and text messages; automated telephoning. (sec.31-ssec.6) An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5) . - (a) declare any of the following to be prohibited matter— (i) biosecurity matter not mentioned in schedule 1 ; (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. - (i) biosecurity matter not mentioned in schedule 1 ; - (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. - (b) declare that particular biosecurity matter mentioned in schedule 1 , or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter. - (i) biosecurity matter not mentioned in schedule 1 ; - (ii) biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or Note— Subsection (1) (a) (ii) allows biosecurity matter that is included in schedule 1 , but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter. - (a) the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20 ; and - (b) urgent action is required to declare the biosecurity matter to be prohibited matter. - (a) 1 or more of the following applies— (i) the biosecurity matter is no longer contained and can not be eradicated; (ii) the biosecurity matter has spread and is in a large area of the State; (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and - (i) the biosecurity matter is no longer contained and can not be eradicated; - (ii) the biosecurity matter has spread and is in a large area of the State; - (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; - (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and - (b) urgent action is required to declare the biosecurity matter not to be prohibited matter. - (i) the biosecurity matter is no longer contained and can not be eradicated; - (ii) the biosecurity matter has spread and is in a large area of the State; - (iii) the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State; - (iv) for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and - (a) publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and - (b) take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following— (i) advertising in newspapers, on radio and on television; (ii) electronically using emails and text messages; (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails and text messages; - (iii) automated telephoning. - (i) advertising in newspapers, on radio and on television; - (ii) electronically using emails and text messages; - (iii) automated telephoning.