198Measures not to be included in biosecurity direction

198 Measures not to be included in biosecurity direction

(1)  A relevant officer may not include any of the following measures in a biosecurity direction, except as expressly authorised by this Act in an emergency:

(a) prohibit, regulate or control the movement of a person;

(b) require an individual to undergo any treatment or require treatment to be carried out in relation to a person.

(2)  A relevant officer may not, as part of a biosecurity direction, require an individual to provide samples of the person’s blood, hair, saliva or any other body part or body fluid.

(3)  Subsection (1)(a) does not prevent a biosecurity direction being imposed, in relation to any biosecurity matter, premises, activity or other thing, that has an impact on the movement of a person but is not imposed for the purpose of restricting the movement of a person.

(4)  A function conferred by this Division to require an individual to submit to an inspection is a function to require the person to do any of the following:

(a) to submit to a visual inspection (including of the exterior of the person’s clothing and shoes);

(b) to shake, or otherwise move, the person’s hair;

(c) to make available for inspection any thing in the person’s possession.

(5)  A relevant officer may only direct the destruction of a thing under this Division if –

(a) the thing is, or is reasonably suspected of being, prohibited matter; or

(b) the thing is a pest; or

(c) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter that poses a biosecurity risk and there is no other reasonably practicable and available treatment that could eliminate the biosecurity risk posed by the biosecurity matter; or

(d) the destruction is expressly authorised or required by an emergency order, control order or the regulations.