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Biosecurity Act 2014
sec.338What is a biosecurity response
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### sec.338 What is a biosecurity response
A biosecurity response is any lawful action taken—
by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or
an inspector demolishing an outbuilding at a place within a biosecurity emergency area
by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act.
the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area
A biosecurity response does not include—
any action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or
anything that happens by accident or as a result of negligence.
In this section—
authorised officer does not include an authorised person whose appointment under this Act as an authorised person is by—
the chief executive officer of a local government; or
the chairperson of an invasive animal board.
(sec.338-ssec.1) A biosecurity response is any lawful action taken— by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or an inspector demolishing an outbuilding at a place within a biosecurity emergency area by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act. the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area
(sec.338-ssec.2) A biosecurity response does not include— any action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or anything that happens by accident or as a result of negligence.
(sec.338-ssec.3) In this section— authorised officer does not include an authorised person whose appointment under this Act as an authorised person is by— the chief executive officer of a local government; or the chairperson of an invasive animal board.
- (a) by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or Example of biosecurity response by an inspector for paragraph (a) — an inspector demolishing an outbuilding at a place within a biosecurity emergency area
- (b) by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act. Example of biosecurity response for paragraph (b) — the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area
- (a) any action taken under chapter 13 , including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or
- (b) anything that happens by accident or as a result of negligence.
- (a) the chief executive officer of a local government; or
- (b) the chairperson of an invasive animal board.