QLDIn ForceAct
Biosecurity Act 2014
sec.376Requirements for giving biosecurity order
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### sec.376 Requirements for giving biosecurity order
A biosecurity order must be in writing.
However, a biosecurity order may be given orally if—
for any reason it is not practicable to immediately give the order in writing; and
the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.
If the biosecurity order is given in writing, the order must be accompanied by, or include, an information notice for the authorised officer’s decision to give the order.
If the biosecurity order is given orally, the authorised officer must—
when giving the order, tell the recipient that—
the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and
the recipient is entitled to apply for an internal review of the decision to give the order; and
if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and
as soon as practicable after giving the order, confirm the order by giving the recipient a notice that—
states the terms of the order and the date the order was given; and
is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.
s 376 amd 2016 No. 28 s 62
(sec.376-ssec.1) A biosecurity order must be in writing.
(sec.376-ssec.2) However, a biosecurity order may be given orally if— for any reason it is not practicable to immediately give the order in writing; and the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.
(sec.376-ssec.3) If the biosecurity order is given in writing, the order must be accompanied by, or include, an information notice for the authorised officer’s decision to give the order.
(sec.376-ssec.4) If the biosecurity order is given orally, the authorised officer must— when giving the order, tell the recipient that— the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and the recipient is entitled to apply for an internal review of the decision to give the order; and if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and as soon as practicable after giving the order, confirm the order by giving the recipient a notice that— states the terms of the order and the date the order was given; and is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.
- (a) for any reason it is not practicable to immediately give the order in writing; and
- (b) the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.
- (a) when giving the order, tell the recipient that— (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and
- (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and
- (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and
- (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and
- (b) as soon as practicable after giving the order, confirm the order by giving the recipient a notice that— (i) states the terms of the order and the date the order was given; and (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.
- (i) states the terms of the order and the date the order was given; and
- (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.
- (i) the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and
- (ii) the recipient is entitled to apply for an internal review of the decision to give the order; and
- (iii) if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and
- (i) states the terms of the order and the date the order was given; and
- (ii) is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.