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Biosecurity Act 2015
364Simplified outline of this Part
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364 Simplified outline of this Part
This Part provides for the Director of Biosecurity to determine that a specified area in Australian territory is a biosecurity response zone if:
(a) a biosecurity officer suspects, on reasonable grounds, that a disease or pest may be present in or on goods or premises in the area and may pose an unacceptable level of biosecurity risk in, or in relation to, the area; and
(b) the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.
Division 2 sets out requirements relating to making a biosecurity response zone determination, including requirements relating to the content of the determination and requirements relating to consultation and notification.
Division 3 deals with the powers that may be exercised (including in premises) in accordance with a biosecurity response zone determination.
Before exercising a power in accordance with a biosecurity response zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Division 4 sets out offences and civil penalty provisions.
Division 2—Biosecurity response zone determinations
365 Director of Biosecurity may determine biosecurity response zone
(1) The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity response zone if:
(i) a disease or pest may be present in or on goods or premises in the area; and
(b) the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing the biosecurity risk posed by the disease or pest.
Note 4: For variation and revocation of the determination, see subsection 33(3) of the Acts Interpretation Act 1901.
(2) The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity response zone even if the area, or a part of the area, is part of:
(a) another biosecurity response zone; or
(b) a biosecurity monitoring zone; or
(c) a biosecurity activity zone.
(3) A biosecurity response zone determination may relate to more than one disease or pest.
(4) A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.