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Biosecurity Act 2015
313Simplified outline of this Part
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313 Simplified outline of this Part
This Part deals with assessing the level of biosecurity risk posed by a disease or pest that may be present in or on goods or premises in Australian territory.
Division 2 provides for the circumstances in which powers may be exercised under this Act (including in premises) to assess the level of biosecurity risk posed by a disease or pest that may be present in or on the goods or premises.
Division 3 sets out the powers (the biosecurity risk assessment powers) that may be exercised in relation to the goods or premises if a biosecurity officer suspects, on reasonable grounds, that a disease or pest may be present in or on the goods or premises, and the disease or pest may pose an unacceptable level of biosecurity risk.
The biosecurity risk assessment powers may be exercised for any of the following purposes:
(a) to establish whether the disease or pest is present in or on the goods or premises;
(b) if possible, to identify the disease or pest;
(c) to assess the level of biosecurity risk posed by the disease or pest.
Before exercising a power set out in Division 3, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out offences that apply in relation to contraventions relating to biosecurity risk assessment powers that are exercised in accordance with a biosecurity control order (see Part 4) or a biosecurity response zone determination (see Part 5).
Division 2—Circumstances in which biosecurity risk assessment powers may be exercised
314 Reasonable suspicion that disease or pest may pose unacceptable level of biosecurity risk
If a biosecurity officer suspects, on reasonable grounds, that:
(a) a disease or pest may be present in or on goods or premises in Australian territory; and
(b) the disease or pest may pose an unacceptable level of biosecurity risk;
the powers set out in Division 3 may be exercised for any of the following purposes:
(c) to establish whether the disease or pest is present in or on the goods or premises;
(d) if possible, to identify the disease or pest;
(e) to assess the level of biosecurity risk posed by the disease or pest.
Note 4: A biosecurity officer or biosecurity enforcement officer may be assisted by other persons in exercising powers in accordance with this section (see section 536).
Note 5: Before exercising a power under Division 3, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).