331Simplified outline of this Part

331  Simplified outline of this Part This Part sets out the powers that may be exercised (including biosecurity measures that may be required to be taken) in relation to goods or premises in Australian territory for the purpose of managing biosecurity risks posed by a disease or pest that may be present in or on the goods or premises. Divisions 2, 3 and 4 set out the powers that may be exercised. They include:  (a) powers relating to persons entering or leaving premises; and  (b) powers relating to treatment of goods or premises; and  (c) powers relating to destruction of goods or premises; and  (d) powers provided by regulations; and  (e) other powers. A power set out in this Part must not be exercised in relation to goods or premises unless:  (b) the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone. Before exercising a power set out in this Part, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles). Division 5 sets out offences and civil penalty provisions. Division 2 of Part 5 of Chapter 11 provides that certain goods and conveyances, in relation to which biosecurity measures have been required under this Chapter, are considered to have been abandoned or forfeited, and provides for how they may be dealt with. Division 2—Powers that may be exercised: general Subdivision A—Circumstances in which powers may be exercised 332  Circumstances in which powers set out in this Division may be exercised  (1) A power set out in a provision of this Division must not be exercised in relation to goods or premises in Australian territory unless:  (b) the power is specified in a biosecurity response zone determination that relates to the goods or premises and the goods or premises are in the biosecurity response zone. Note 1: A power set out in a provision of this Division that is specified in a biosecurity control order or a biosecurity response zone determination may be exercised for the purpose of managing the biosecurity risk posed by a disease or pest to which the order or determination relates (see sections 360 and 370). Note 2: Before exercising a power specified in a biosecurity control order or a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles). Note 3: Part 5 deals with biosecurity response zones.  (2) This section has effect subject to subsection 399(2). Note: Subsection 399(2) provides that the powers set out in sections 333 and 334 (entry and exit requirements) may be exercised in relation to premises in a biosecurity activity zone. Subdivision B—Powers relating to entry to and exit from premises 333  Entry and exit etc. requirements—persons Requirements may be imposed by notice in writing  (1) A biosecurity officer may, by notice in writing, impose any of the following requirements in relation to premises:  (a) a requirement that persons entering or leaving the premises do so at specified places;  (b) a requirement that specified classes of persons not enter the premises;  (c) a requirement that persons entering, or in, the premises wear specified clothing or equipment (or both) that is designed to prevent a disease or pest from emerging, establishing itself or spreading in the premises;  (d) a requirement that persons not interfere with the premises. Note 2: The powers in this section may also be exercised in relation to premises in a biosecurity activity zone (see subsection 399(2)). Note 3: A person may commit an offence or contravene a civil penalty provision if the person fails to comply with a requirement imposed under this subsection that applies to the person (see section 349).  (2) If a notice under subsection (1) imposes the requirement referred to in paragraph (1)(c), the notice must also specify the following:  (a) the circumstances in which a person is required to wear the clothing or equipment;  (b) the period during which, or the times at which, the person is required to wear the clothing or equipment;  (c) instructions for wearing the clothing or equipment.  (3) Except as permitted by paragraph (1)(b) or (c), a notice under subsection (1) must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2. Note: That Subdivision sets out the biosecurity measures that may be included in a human biosecurity control order.  (4) However, subsection (3) does not prevent the Director of Biosecurity or a biosecurity officer exercising a power under Subdivision B of Division 2 of Part 4 of Chapter 10. Note: Under that Subdivision, a biosecurity officer may request an individual to be decontaminated, and may require an individual’s clothing and any personal effects to be decontaminated. Notice must be affixed to premises  (5) A notice under subsection (1) in relation to premises must be affixed at each entry and exit point of the premises. Notice is not a legislative instrument  (6) A notice under subsection (1) is not a legislative instrument. 334  Entry and exit etc. requirements—goods and conveyances Requirements may be imposed by notice in writing  (1) A biosecurity officer may, by notice in writing, impose any of the following requirements in relation to premises:  (a) a requirement that persons bringing goods on to the premises do so at specified places;  (b) a requirement that specified classes of goods not be brought on to the premises;  (c) a requirement that conveyances entering or leaving the premises do so at specified places;  (d) a requirement that specified classes of conveyances not enter the premises. Note 2: The powers in this section may also be exercised in relation to premises in a biosecurity activity zone (see subsection 399(2)). Note 3: A person may commit an offence or contravene a civil penalty provision if the person fails to comply with a requirement imposed under this subsection that applies to the person (see section 349). Notice must be affixed to premises  (2) A notice under subsection (1) in relation to premises must be affixed at each entry and exit point of the premises. Notice is not a legislative instrument  (3) A notice under subsection (1) is not a legislative instrument. Subdivision C—Powers relating to treatment of goods, conveyances and other premises