CTHIn ForceAct
Biosecurity Act 2015
379Powers that may be exercised—general
Start here
Get a plain-English read of 379
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2015.
379 Powers that may be exercised—general
(1) The powers set out in Division 3 of Part 2 (biosecurity risk assessment powers) (other than the powers set out in section 321 (movement of goods or conveyances) and sections 324 and 325 (operating electronic equipment)) may be exercised in relation to goods or premises in a permanent biosecurity monitoring zone in accordance with that Division.
(2) The following powers may also be exercised by a biosecurity officer in, or in relation to goods or premises in, a permanent biosecurity monitoring zone:
(a) the power to cause the biosecurity monitoring zone to be identified (whether by affixing notices or by markings or otherwise);
(b) the power to cause goods or premises in the biosecurity monitoring zone to be identified (whether by affixing notices or by markings or otherwise);
(c) the power to set traps or set up equipment or other structures in the biosecurity monitoring zone;
(3) Regulations made for the purposes of paragraph (2)(d) must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken:
(a) a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 (biosecurity measures that may be included in a human biosecurity control order);
(b) a biosecurity measure of a kind set out in Division 3 of Part 2 of this Chapter (biosecurity risk assessment powers);
(c) a biosecurity measure of a kind set out in Division 2 of Part 3 of this Chapter (powers to require biosecurity measures to be taken);
(d) a biosecurity measure of a kind provided by regulations made for the purposes of section 346 (other biosecurity measures);
(e) a biosecurity measure of a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).
(4) The powers referred to in subsections (1) and (2) may be exercised in, or in relation to goods or premises in, a permanent biosecurity monitoring zone for the purpose of monitoring whether a disease or pest that a biosecurity officer suspects, on reasonable grounds, may pose an unacceptable level of biosecurity risk:
Note 4: Before exercising a power in a permanent biosecurity monitoring zone, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).
Note 5: A biosecurity officer may be assisted by other persons in exercising powers in a permanent biosecurity monitoring zone (see section 536).
Note 6: See Subdivision C for civil penalty provisions.