32The principles

32  The principles  (1) This section applies (subject to subsection (4)) to a biosecurity official who is making a decision to exercise a power in accordance with a provision of this Act referred to in the following table or an instrument in force under such a provision.   - Provisions to which decision‑making principles apply - Item Power Provision - 1 Power of Director of Biosecurity to give approval for requiring high‑value goods to be destroyed Subsection 136(2) - 2 Power of Director of Biosecurity to give approval for a direction requiring an aircraft or vessel to be moved to a place outside Australian territory Paragraph 206(3)(a) - 3 Power of Director of Biosecurity to give approval to cause an aircraft or vessel to be moved to a place outside Australian territory Paragraph 206(3)(b) - 4 Power of Director of Biosecurity to give approval for a conveyance to be removed from Australian territory, destroyed or otherwise disposed of Paragraph 209(5)(d) - 5 Power of Director of Biosecurity to give approval for requiring a conveyance to be destroyed and for destroying it Subsection 210(2) and paragraph 210(5)(e) - 6 Power of Director of Biosecurity to give approval for a direction requiring an aircraft not to land at any landing place in Australian territory Subsection 241(2) - 7 Power of Director of Biosecurity to give approval for a direction requiring a vessel not to be moored at any port in Australian territory Subsection 249(2) - 8 Power of biosecurity officer or biosecurity enforcement officer to enter premises at a landing place or port in Australian territory Subsection 252(2) - 9 Power of Director of Biosecurity to give a direction about movement of a vessel that may have been involved in the commission of an offence against Chapter 5 (ballast water and sediment) Section 303 - 10 Any power that may be exercised by a biosecurity official Chapter 6 (managing biosecurity risks: monitoring, control and response) - 11 Any power that may be exercised by a biosecurity official Divisions 5 and 6 of Part 1 of Chapter 8 (biosecurity emergencies) - 12 Any power that may be exercised by a biosecurity official Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination) - 13 Power of Director of Biosecurity to deal with an abandoned conveyance Section 629 - 14 Power of Director of Biosecurity to deal with a forfeited conveyance Section 630 Principles affecting decision‑making  (2) Before the biosecurity official makes the decision, the biosecurity official must be satisfied of all of the following:  (a) that exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised;  (b) that exercising the power is appropriate and adapted to achieve that purpose;  (c) that the manner in which the power is to be exercised is no more restrictive or intrusive than is required in the circumstances;  (d) if the power is to be exercised in relation to an individual—that the power is no more restrictive or intrusive than is required in the circumstances;  (e) if the power is to be exercised during a period—that the period is only as long as is necessary. Powers that are to be exercised in relation to a conveyance  (3) If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance. Exceptions to application of the principles  (4) Subsection (2) does not apply in relation to the making of a biosecurity control order or the making of a legislative instrument under Chapter 6 (including a biosecurity control order or a legislative instrument made under that Chapter in accordance with Division 5 or 6 of Part 1 of Chapter 8 (biosecurity emergencies)). Note: For principles affecting the exercise of a power under Chapter 2 (managing biosecurity risks: human health), see section 34. Chapter 2—Managing biosecurity risks: human health Part 1—General protections and listing human diseases 33  Simplified outline of this Part Division 2 contains protections for individuals in relation to whom powers are exercised under this Chapter. Any person who exercises a power, or imposes a biosecurity measure, under this Chapter must first consider the principles set out in Division 2. The principles aim to ensure that a power is exercised, or biosecurity measure imposed, only when circumstances are sufficiently serious to justify it, and only if it would be effective, it is appropriate and adapted for its purpose, and it is no more restrictive or intrusive than is required. Division 2 also ensures that the requirements of this Chapter do not interfere with an individual’s urgent or life‑threatening medical needs, and sets out the protections that this Chapter provides for a child or incapable person who is subject to a requirement under this Chapter. Powers in this Chapter are exercised only in relation to human diseases that cause significant harm to human health. Those diseases must be listed in a legislative instrument that is made by the Director‑General of the CDC under Division 3. Division 2—Protections Subdivision A—General protections 34  The principles  (1) This section applies (subject to subsections (3) and (4)) to a person who is making a decision to exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter, in order to manage the risk of:  (a) contagion of a listed human disease; or  (b) a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory. Note: A person may exercise a power in relation to, or impose a biosecurity measure on, an individual under this Chapter during a human biosecurity emergency (see Part 2 of Chapter 8). Principles affecting decision‑making  (2) Before the person makes the decision, the person must be satisfied of all of the following:  (a) that exercising the power, or imposing the biosecurity measure, is likely to be effective in, or to contribute to, managing the risk;  (b) that exercising the power, or imposing the biosecurity measure, is appropriate and adapted to manage the risk;  (c) that the circumstances are sufficiently serious to justify exercising the power, or imposing the biosecurity measure;  (d) that the power, or the biosecurity measure, is no more restrictive or intrusive than is required in the circumstances;  (e) that the manner in which the power is to be exercised, or the biosecurity measure is to be imposed, is no more restrictive or intrusive than is required in the circumstances;  (f) if the power is to be exercised or the biosecurity measure imposed during a period—that the period is only as long as is necessary.  (3) Subsection (2) does not apply in relation to the making of a legislative instrument under this Chapter in relation to a class of individuals.  (4) Subsection (2) does not apply in relation to the making of a decision to require answers to questions or written information under Division 6 of Part 2. 35  No interference with urgent or life‑threatening medical needs   The exercise of a power, or the imposition of a biosecurity measure, in relation to an individual under this Chapter must not interfere with any urgent or life‑threatening medical needs of the individual. Subdivision B—Protections for children or incapable persons