Part 11Orders and directions

Part 11—Orders and directions Division 1—Emergency orders 173—Emergency orders (1) The Minister may, by order— (a) declare a biosecurity emergency; and (b) establish measures to respond to that biosecurity emergency. (2) Subject to this Division, an order under subsection (1) must specify each of the following: (a) the purpose of the order; (b) the biosecurity matter, biosecurity risk or biosecurity impact that is the subject of the emergency; (c) the emergency zone or zones to which the order relates; (d) the emergency measures to be followed; (e) the persons or class of persons to whom the emergency measures apply; (f) when the emergency order takes effect; (g) the duration of the emergency order. (3) The Minister may only make an order under subsection (1) if the Minister is satisfied, or reasonably suspects, that there is a current or imminent biosecurity risk that may have a significant biosecurity impact. (4) An order under subsection (1) may be made for 1 or more of the following reasons: (a) to isolate an emergency zone or biosecurity matter; (b) to prevent the spread of biosecurity matter; (c) to eradicate biosecurity matter (if practicable or insofar as is reasonably practicable); (d) for any other reason the Minister considers necessary. 174—Duration of emergency order (1) An emergency order remains in force for the period specified in the order, not exceeding 12 months from the date on which the order is published or served under this Division. (2) The Minister may, by making an order that amends an emergency order, extend the period during which an emergency order remains in force for a further period not exceeding 6 months. (3) The duration of an emergency order may be extended under subsection (2) as many times as the Minister considers necessary. (4) If the Minister extends the duration of an emergency order so that it will be in force for more than 18 months, the Minister must cause a written report on the making and extension of the emergency order to be laid before both Houses of Parliament within 12 sitting days after that extension is made by the Minister. 175—Notice of emergency order generally (1) The Minister must give notice of an emergency order by causing a copy of the order to be published— (b) in the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website. (2) The Minister must take reasonable steps to ensure that all persons who are likely to be directly affected by an emergency order are made aware of the order. (3) This section does not apply if notice is given under section 176. 176—Notice of emergency order relating to specific property (1) If the Minister makes an emergency order that is property-specific, the Minister may give notice of the order by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the property. (2) For the purposes of subsection (1), an emergency order is property-specific if it only relates to specified premises, specified biosecurity matter or any other specified thing. 177—Emergency zones (1) For the purposes of this Act, an area is an emergency zone if the Minister specifies the area as an emergency zone as part of an emergency order in respect of the area. (2) An emergency zone may be made up of 1 or more of the following, as specified in an emergency order: (a) any premises, group of premises or part of premises; (b) any place, area or region; (3) An emergency order may provide for more than 1 emergency zone and for different classes of emergency zones. 178—Emergency measures (1) For the purposes of this Act, a measure to be followed that is specified by the Minister in an emergency order is an emergency measure. (2) The Minister may specify in an emergency order any measures that the Minister considers are reasonably necessary to respond to the biosecurity emergency to which the order relates. (3) An emergency measure specified in an emergency order is to be no more onerous than the Minister considers reasonably necessary in the circumstances, having regard to the nature of the biosecurity emergency to which the order relates. (4) In deciding on the emergency measures to be specified in an emergency order, the Minister must have regard to the matters referred to in section 173 and any other matters that the Minister considers relevant. (5) The emergency measures may apply— (a) within an emergency zone; and (b) outside an emergency zone, but only if the Minister considers that to be reasonably necessary having regard to the nature of the biosecurity emergency to which the emergency order relates. (6) An emergency measure may— (a) prohibit, regulate or control the doing of any thing; or (b) require or authorise the doing of any thing (including so as to require a person to arrange for something to be done). (7) Without limiting the generality of this section, an emergency measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3. 179—Additional emergency measures (1) In addition to section 178, emergency measures may do 1 or more of the following: (a) prohibit, regulate or control entry into, or exit from, any specified area or premises; (b) prohibit, regulate or control the use of any road within, or going into or out of, any specified area or premises (including by closing roads); (c) require persons entering or leaving any specified area or premises in a vehicle to stop and, if required by an authorised officer— (i) to allow the vehicle to be inspected; and (ii) to allow treatment measures to be carried out in relation to the vehicle; (d) require persons entering or leaving any specified area or premises to stop and, if required by an authorised officer— (i) to allow the person and any thing in their care, custody or control to be inspected; and (ii) to carry out or enable external treatment measures to be carried out in relation to the person and any thing in their care, custody or control; (e) prohibit persons from entering or leaving any specified area or premises unless the person has done either or both of the following: (i) carried out, in relation to themselves, any specified external treatment measure; (ii) carried out, in relation to any thing in the person's care, custody or control, any specified treatment measure. (2) An emergency order may not prohibit, regulate or control the movement of a person, except as expressly authorised by this section. (3) Subsection (2) does not prevent an emergency measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, activity or other thing, that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person. 180—Measures which may not be emergency measures (1) An emergency order may not include the following measures: (a) a requirement for a treatment measure, other than an external treatment measure, to be carried out on a person; (b) a requirement for a person 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 must 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. 181—Inspection of persons A requirement in an emergency order that a person is to allow themselves to be inspected by an authorised officer only authorises the authorised officer 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, accessories 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. 182—Emergency order prevails designated Act means any of the following: (a) the Aboriginal Heritage Act 1988; (b) the Animal Welfare Act 1985; (c) the Aquaculture Act 2001; (d) the Dog and Cat Management Act 1995 (e) the Environment Protection Act 1993; (f) the Fisheries Management Act 2007; (g) the Heritage Places Act 1993; (h) the Landscape South Australia Act 2019; (i) the Local Government Act 1999; (j) the Marine Parks Act 2007; (k) the Mining Act 1971; (l) the National Parks and Wildlife Act 1972; (m) the Native Vegetation Act 1991; (n) the Pastoral Land Management and Conservation Act 1989; (o) the Phylloxera and Grape Industry Act 1995; (p) the Veterinary Practice Act 2003; (q) the Wilderness Protection Act 1992; (r) any other Act specified by the regulations as being included within the ambit of this definition. (2) An emergency order prevails, to the extent of any inconsistency, over the following: (a) the regulations; (b) a registration, authorisation, approval, exemption or other right or instrument granted, or in effect, under this Act; (c) a permit granted or in effect under this Act, other than an emergency permit given in relation to the emergency that is the subject of the emergency order; (d) a biosecurity program or biosecurity control agreement made, or in effect, under this Act; (e) a control order; (f) a biosecurity direction, other than an emergency biosecurity direction given in relation to the emergency that is the subject of the emergency order; (g) a provision of a designated Act. (3) Subsection (2)(g) applies despite the provisions of the designated Act. 183—Offences (1) A person must not contravene an emergency order. (3) Subject to subsection (4), the owner of premises in relation to which an emergency order is in force must notify the relevant Chief Officer of an intended sale of the premises or part of the premises— (a) unless paragraph (b) applies—no less than 28 days before the date of settlement; or (b) if the date of settlement is less than 28 days from the date on which the emergency order applied in relation to the premises (the relevant date)—within 7 days from the relevant date. (4) Subsection (3) does not apply in circumstances prescribed by the regulations. (5) It is a defence in proceedings for an offence against subsection (1) or (3) if the defendant establishes that, at the time of the alleged offence— (a) notice of the emergency order had not been published in accordance with this Division; and (b) an authorised officer had not notified the person orally, or in writing or otherwise, of the making of the emergency order. (6) A person must not, without reasonable excuse, hinder or obstruct another person complying with an emergency order. 184—Variation or revocation of emergency order (1) The Minister may vary or revoke an emergency order. (2) A variation to an emergency order may make provision for any matter for which an emergency order may make provision. (3) A variation to, or revocation of, an emergency order takes effect, and must be notified, in the same way as an emergency order. 185—SA Police A member of SA Police (within the meaning of the Police Act 1998) has all the powers of an authorised officer during the declaration of a biosecurity emergency in relation to the emergency (and, without limiting this provision, a reference to an authorised officer in this Division will be taken to include a reference to a member of SA Police). Division 2—Control orders 186—Control orders (1) The Minister may, by order— (a) establish 1 or more control zones; and (b) establish control measures, in connection with a control zone, to prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, or a biosecurity impact. (2) The Minister may make an order under subsection (1) if the Minister is satisfied that the order is necessary to guard against, prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, or a biosecurity impact. 187—Content of control orders Subject to this Division, a control order must specify each of the following: (a) the purpose of the order; (b) the biosecurity matter, biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the control order relates; (c) the control zone or zones; (d) the control measures; (e) the persons or class of persons to whom the control measures apply; (f) when the control order takes effect, or the circumstances under which the control order takes effect. 188—Duration of control orders (1) A control order remains in force for the period specified in the order, not exceeding 5 years from the date on which the order takes effect. (2) The Minister may, by making an order that amends a control order, extend the period during which a control order remains in force for a further period not exceeding 5 years. (3) The duration of a control order may be extended under subsection (2) as many times as the Minister considers necessary. (4) If the Minister extends the duration of a control order so that it will be in force for more than 10 years, the Minister must cause a written report on the making and extension of the control order to be laid before both Houses of Parliament within 12 sitting days after that extension is made by the Minister. 189—Notice of control orders generally (1) The Minister must give notice of a control order by causing a copy of the order to be published— (b) in the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website. (2) The Minister must take reasonable steps to ensure that all persons who are likely to be directly affected by a control order are made aware of the order. (3) This section does not apply if notice is given under section 190. 190—Notice of control orders relating to specific property (1) If the Minister makes a control order that is property-specific, the Minister may give notice of the order by causing a copy of the order to be served on the owner, occupier or person apparently in charge of the property. (2) For the purposes of subsection (1), a control order is property-specific if it only relates to specified premises, specified biosecurity matter or any other specified thing. 191—Control zones (1) For the purposes of this Act, a control zone is the area or areas— (a) specified in a control order; and (b) in relation to which, in the opinion of the Minister, control measures are required to be established. (2) A control zone may be made up of 1 or more of the following, as specified in a control order: (a) any premises, group of premises or part of premises; (b) any place, area or region; (3) A control order may provide for more than 1 control zone and for different classes of control zones. 192—Control measures (1) For the purposes of this Act, a control measure is a measure that the Minister establishes to guard against, prevent, eliminate, minimise, control or manage the biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the order relates. (2) The Minister may specify, as control measures under a control order, any measures that the Minister considers are reasonably necessary to prevent, eliminate, minimise, control or manage the biosecurity risk or suspected biosecurity risk, or biosecurity impact, to which the order relates. (3) The control measures are to be no more onerous than the Minister considers reasonably necessary in the circumstances. (4) In deciding on the control measures to be specified in a control order, the Minister is to have regard to the principal objects of the order and any other matters that the Minister considers relevant. (5) A control measure may apply— (a) within a control zone; and (b) outside a control zone, but only if the Minister considers that to be reasonably necessary having regard to the nature of the biosecurity risk or suspected biosecurity risk, or biosecurity impact. (6) A control measure may— (a) prohibit, regulate or control the doing of any thing; or (b) require or authorise the doing of any thing (including so as to require a person to arrange for something to be done). (7) Without limiting the generality of this section, a control measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3. 193—Measures which may not be control measures (1) A control order may not— (a) prohibit, regulate or control the movement of a person; or (b) require any treatment measure to be carried out on a person. (2) A control order may not require a person 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 control measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, 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. 194—Destruction requirements (1) A control order may not require or authorise the destruction of a thing unless— (c) the thing is, or is reasonably suspected of being, a pest to which the control order relates; or (d) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter to which the control order relates and there are no other reasonably practicable and available— (i) treatment measures that could eliminate, minimise, control or manage the biosecurity risk or potential biosecurity risk posed by the biosecurity matter; or (ii) means of determining or confirming whether the thing is infected or infested with, or harbouring, the biosecurity matter; or (e) the thing is reasonably suspected of being— (i) abandoned; or (ii) biosecurity matter to which the control order relates or a carrier of biosecurity matter to which the control order relates. reasonably practicable means reasonably practicable in the opinion of the Minister or an authorised officer; reasonably suspected means reasonably suspected in the opinion of the Minister or an authorised officer. 195—Consultation requirements (1) The Minister must, before making a control order that would adversely affect any animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972, consult with the Minister for the time being administering that Act. (2) The Minister must, before making a control order that would result in the clearance of any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991, consult with the Minister for the time being administering that Act. (3) The Minister must, before making a control order that would adversely affect any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993, consult with the Minister for the time being administering that Act. (4) The Minister must, before making a control order that would adversely affect any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal Heritage Act 1988, consult with the Minister for the time being administering that Act. (5) The Minister must, before making a control order that would adversely affect a protected species under the Fisheries Management Act 2007, consult with the Minister for the time being administering that Act . (6) A failure to comply with this section does not affect the validity of a control order. 196—Offences (1) A person must not contravene a control order. (3) Subject to subsection (4), the owner of premises in relation to which a control order is in force must notify the relevant Chief Officer of an intended sale of the premises or part of the premises— (a) unless paragraph (b) applies—no less than 28 days before the date of settlement; or (b) if the date of settlement is less than 28 days from the date on which the control order applied in relation to the premises (the relevant date)—within 7 days from the relevant date. (4) Subsection (3) does not apply in circumstances prescribed by the regulations. (5) A person must not, without reasonable excuse, hinder or obstruct another person complying with a control order. 197—Variation or revocation of control order (1) The Minister may vary or revoke a control order. (2) A variation to a control order may make provision for any matter for which a control order may make provision. (3) A variation to, or revocation of, a control order takes effect, and must be notified, in the same way as a control order. Division 3—Biosecurity directions 198—Interpretation designated entity means— (b) the relevant Chief Officer; or (c) an authorised officer. 199—Types of biosecurity direction (1) A direction under this Division (a biosecurity direction) may be given as— (a) a general biosecurity direction; or (b) an individual biosecurity direction. (2) A general biosecurity direction is a direction that applies to the public generally or to a specified class of persons such as persons who engage in a specified activity, or who frequent particular premises. (3) An individual biosecurity direction is a direction that applies to a particular person. 200—Period for which biosecurity direction has effect A biosecurity direction must specify— (a) the period for which the direction has effect; or (b) the time within which a requirement under the direction must be complied with (which must be reasonable). 201—Related provision A power to give a biosecurity direction may be exercised whether or not any other power, including a power of entry under Part 14, is being exercised. Subdivision 2—General biosecurity directions 202—General biosecurity direction (1) The Chief Executive may give a general biosecurity direction if the Chief Executive reasonably believes it is necessary to do so for any of the following reasons: (a) to assess, prevent, eliminate, minimise, control, manage or monitor a biosecurity risk or suspected biosecurity risk, or a biosecurity impact; (b) to support a market access arrangement; (c) to enforce, administer or implement this Act, the regulations or any instrument made under this Act. (2) The Chief Executive may, in a general biosecurity direction, prohibit, regulate or control the carrying out of any activity in connection with biosecurity matter, a carrier or a potential carrier. (3) Without limiting the generality of this section, a general biosecurity direction may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3. (4) A general biosecurity direction may be subject to such conditions as the Chief Executive considers reasonable in the circumstances. (5) In an emergency, the Chief Executive may also do 1 or more of the following in a general biosecurity direction: (a) prohibit, regulate or control entry into, or exit from, any specified area or premises; (b) prohibit, regulate or control the use of any road within or going into or out of a specified area or premises (including by closing roads). (6) This section is in addition to, and does not limit, any other functions or powers of the Chief Executive, a Chief Officer or an authorised officer under this Act. (7) In this section— market access arrangement means an arrangement or process for establishing the condition of any— (a) animal, plant or organism; or (b) part of an animal, plant or organism; or (c) animal product or plant product; or (d) property; or (e) thing prescribed by the regulations, as a requirement for access to a market, commercial arrangement, service or facility. 203—How general biosecurity direction is given (1) Subject to subsection (2), a general biosecurity direction may be given by causing a copy of the direction to be published— (b) in the case of an emergency—on the Department website and then in the Gazette within 7 days after its publication on the website. (2) If the Chief Executive considers that giving a general biosecurity direction under this subsection is reasonably necessary, a general biosecurity direction may be given by displaying a copy of the direction in a prominent place on or adjacent to any premises or place to which, or in the vicinity of which, the direction applies. (3) If a general biosecurity direction is given under subsection (2), notice of the direction must be published on the Department website or in the Gazette (or both) as soon as practicable after the direction is made. (4) If a general biosecurity direction is given in an emergency, the direction must include a statement that the direction is being given in an emergency. (5) A failure to comply with this section does not affect the validity of a general biosecurity direction. Subdivision 3—Individual biosecurity directions 204—Individual biosecurity direction (1) A designated entity may give an individual biosecurity direction that prohibits, regulates or controls the doing of any thing by or on behalf of the person to whom the direction is given, if the designated entity reasonably believes that the direction is necessary for any of the following reasons: (a) to prevent the person from contravening or continuing to contravene this Act; (b) to assess, prevent, eliminate, minimise, control or manage any biosecurity risk or suspected biosecurity risk, or biosecurity impact; (c) to enforce, administer or implement this Act, the regulations or any instrument made under this Act. (2) A designated entity may also give an individual biosecurity direction that requires a person to do a thing (including so as to require the person to arrange for something to be done) if the designated entity reasonably believes that the direction is necessary for 1 or more of the following reasons: (a) to ensure that the person discharges a biosecurity duty imposed on the person by or under this Act; (b) to require or ensure that the person remedies a contravention, suspected contravention or likely contravention by the person of this Act; (c) to prevent, eliminate, minimise, control or manage a biosecurity risk or suspected biosecurity risk, posed by a dealing of the person, or suspected dealing of the person, with biosecurity matter, a carrier or a potential carrier; (d) to enforce, administer or implement this Act, the regulations or any instrument made under this Act. (3) Without limiting the generality of this section, an individual biosecurity direction may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3. (4) An individual biosecurity direction may be subject to such conditions as the designated entity giving the direction considers reasonable in the circumstances. 205—How individual biosecurity direction is given (1) A designated entity may give an individual biosecurity direction by giving the direction to the person who is the subject of the direction— (a) in the case of an authorised officer, orally while in the presence of the person if— (i) the authorised officer is authorised, under their instrument of appointment as an authorised officer, to give such a direction orally; or (ii) the authorised officer is giving the direction in an emergency; or (b) by written notice served on the person. (2) A designated entity may, in an emergency, give an individual biosecurity direction to an occupier of premises by causing notice of the direction to be displayed in a prominent place on or adjacent to the premises. (3) If an individual biosecurity direction is given orally or in the manner referred to in subsection (2), written confirmation of the direction must be served on the person who is the subject of the direction within 72 hours after it is so given, unless the direction has already been complied with. (4) If an individual biosecurity direction is given in an emergency, the direction must include a statement that the direction is being given in an emergency. (5) A failure to comply with this section does not affect the validity of an individual biosecurity direction. 206—Special emergency powers—inspection and treatment measures (1) A designated entity who gives an individual biosecurity direction in an emergency may direct a person to do any of the following: (a) to permit an authorised officer to inspect the person for biosecurity matter, a carrier or a potential carrier; (b) to permit an authorised officer to inspect any thing in the person's possession, care, custody or control, for biosecurity matter, a carrier or a potential carrier; (c) without limiting a preceding paragraph—to require the person, if in control or apparently in control of a vehicle— (i) to stop or secure the vehicle; (ii) to permit the vehicle to be inspected for biosecurity matter, a carrier or a potential carrier; (iii) to carry out treatment measures or permit treatment measures to be carried out in relation to the vehicle; (d) to carry out or permit an external treatment measure to be carried out in relation to the person; (e) to carry out a treatment measure or permit a treatment measure to be carried out in relation to any thing in the person's possession, care, custody or control. (2) This section is in addition to, and does not limit, any other functions or powers of the Chief Executive, a Chief Officer or an authorised officer under this Act. 207—Recovery of costs (1) The Chief Executive may charge the person to whom an individual biosecurity direction is given the reasonable costs of any inspection, test or assessment made by, or on behalf of, a designated entity as part of preparing the direction. (2) Any costs charged under subsection (1) are recoverable in accordance with the regulations. Subdivision 4—Related provisions 208—Measures which may not be included in biosecurity direction (1) A designated entity may not include any of the following measures in a biosecurity direction, except as authorised by this Act in an emergency: (a) prohibit, regulate or control the movement of a person; (b) require a treatment measure, other than an external treatment measure, to be carried out on a person. (2) A biosecurity direction may not require a person 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 an emergency measure being imposed, in relation to any biosecurity matter, premises, vehicle, area, activity or other thing, that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person. (4) A power conferred by this Division to require a person to submit to an inspection is a power 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 designated entity may only direct the destruction of a thing under this Division if— (c) the thing is a pest; or (d) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, biosecurity matter and there are no other reasonably practicable and available treatment measures that could eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter; or (e) the destruction is authorised or required by— (iii) any regulation; or (f) the destruction is authorised by a warrant issued by a magistrate. (6) A magistrate must not issue a warrant under subsection (5)(f) unless satisfied that the warrant is reasonably required in the circumstances of the case. (7) An application to issue a warrant under subsection (5)(f)— (8) In this section— reasonably practicable means reasonably practicable in the opinion of a designated entity; reasonably suspected means reasonably suspected in the opinion of a designated entity. 209—Interaction with other Acts (1) An authorised officer, other than an authorised officer acting with the approval of the Chief Executive or a Chief Officer, must not in the exercise of a power under this Division direct a person to do any of the following: (a) destroy a fish that is an aquatic resource of a protected species under the Fisheries Management Act 2007; (b) destroy a living thing that is an animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972; (c) clear any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991; (d) damage, destroy or disturb any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993; (e) damage, destroy or disturb any Aboriginal site, object or remains that are subject to any form of protection under the Aboriginal Heritage Act 1988. (2) The Minister must, in connection with the operation of this section, enter into an arrangement with the Minister responsible for the administration of any Act referred to in subsection (1) specifying the circumstances in which that Minister is to be consulted before action is taken under that subsection. (3) The Chief Executive, a Chief Officer or an authorised officer must, when acting under subsection (1), take into account the requirements of an arrangement under subsection (2). (4) An arrangement under subsection (2) does not limit the power of an authorised officer to do anything in the case of an emergency. (5) Furthermore, this section (including an arrangement under subsection (2)) does not limit the power of an authorised officer to do a thing where that action is expressly authorised by— (c) any regulation. (6) This section applies despite the provisions of any Act referred to in subsection (1). 210—Variation or revocation of biosecurity direction (1) A designated entity may vary or revoke a biosecurity direction (although an authorised officer may only vary or revoke an individual biosecurity direction that has been issued by an authorised officer). (2) A variation to a biosecurity direction may make provision for any matter for which a biosecurity direction may make provision. (3) Without limiting subsection (2), a biosecurity direction may be varied by extending the time for complying with the direction. (4) A variation to, or revocation of, a biosecurity direction takes effect, and must be notified, in the same way as a biosecurity direction. 211—Offences (1) A person must not contravene a biosecurity direction. (3) It is a defence in proceedings for an offence against subsection (1) if the defendant establishes— (a) that the defendant had a reasonable excuse for the contravention; or (b) in the case of a general biosecurity direction—that, at the time of the alleged offence— (i) notice of the direction had not been published in accordance with the Division; and (ii) a designated entity, or an authorised officer acting on behalf of a designated entity, had not notified the person orally, or in writing or otherwise, of the making of the direction. (4) A person must not act in contravention of the terms of any sign that has been erected by an authorised officer for the purposes of a biosecurity direction. (5) A person must not, without reasonable excuse, hinder or obstruct another person complying with a biosecurity direction. Division 4—Action on default 212—Action on default designated instrument means— (c) a biosecurity direction. (2) If a person fails to comply with a designated instrument— (a) the Chief Executive may authorise a person to enter premises and to take action required by the designated instrument; or (b) in the case of an individual biosecurity direction issued by an authorised officer—an authorised officer may enter, or authorise a person to enter, premises and take any action in relation to those premises or anything on those premises that was required under the direction or that is otherwise necessary to remedy the failure. (3) The Chief Executive may charge the person who failed to comply with the designated instrument a fee for the reasonable costs and expenses incurred in taking action under this section (including under subsection (2)(b)). (4) A fee charged under subsection (3) is a debt due to the Crown. (5) If, as part of action taken under this section, a person intends to enter residential premises for the purposes of taking the action, notice must be given to an occupier of the premises in accordance with the regulations before the person enters the residential premises. (6) A notice under subsection (5) must— (a) specify the day on which the residential premises are intended to be entered; and (b) be given to an occupier of the residential premises at least 24 hours before the person enters the residential premises. (7) Notice is not required under this section in relation to residential premises if— (a) entry into the premises is made with the consent of an owner, or occupier, of the premises; or (b) entry into the premises is made under the authority of a warrant. (8) Any action under this section for failure to comply with a designated instrument is in addition to the taking of proceedings for an offence of failing to comply with such an instrument. Division 5—Warrants 213—Warrants (1) A warrant required for the purposes of this Part in relation to premises is a warrant issued by a magistrate. (2) A magistrate must not issue a warrant that will allow entry into premises unless satisfied that there are reasonable grounds to believe that the circumstances require entry to the premises without giving the notice otherwise required under this Part. (3) A warrant may authorise the use of reasonable force to break into premises.