38Emergency declarations

38 Emergency declarations (1) If the Minister is satisfied, or reasonably suspects, that there is a current or likely to happen biosecurity risk that may have a significant biosecurity impact, the Minister may declare a biosecurity emergency (an emergency declaration). (2) An emergency declaration must state the following: (a) the biosecurity risk that is the subject of the emergency, including the biosecurity matter (if known) and the biosecurity impact (if known); (b) the measures the Minister considers reasonably necessary to respond to the emergency (the emergency measures); (c) the area or premises where the emergency measures apply (the emergency zone); (d) the people to whom the emergency measures apply; (e) when the declaration expires. (3) An emergency declaration may be made for 1 or more of the following purposes: (a) to prevent the spread of the biosecurity matter; (b) to eradicate the biosecurity matter (if practicable); (c) for any other purpose the Minister considers necessary.

(4) An emergency declaration is a notifiable instrument unless— (a) the emergency declaration applies only to stated premises (a property-specific emergency declaration); and (b) the Minister considers that it is appropriate to not notify the declaration.