170Measures which may not be emergency measures

170 Measures which may not be emergency measures

(1)  An emergency order may not include the following measures:

(a) a requirement for a treatment, other than an external treatment measure, to be carried out on an individual;

(b) a requirement for an individual to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.

(2)  An emergency order may not require or authorise the destruction of biosecurity matter or any other thing unless –

(a) the Minister is of the opinion that the destruction is reasonably necessary to assess, prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact; or

(b) the biosecurity matter to be destroyed is an animal, and the Minister, on the advice of the Chief Veterinary Officer, is satisfied that the destruction is necessary –

(i) to prevent or minimise any adverse effect on animal welfare, including any distress or likely distress to an animal; or

(ii) to detect, diagnose or determine the cause of a disease.

(3)  If an emergency order requires or authorises the destruction of biosecurity matter or any other thing, a copy of the order is to be given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless –

(a) there appears to be no-one immediately in control of it, and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located; and

(b) the Minister considers that, in the circumstances, the order must be carried out without delay or prior notice to the owner or person in charge.