Biosecurity Act 2025
Subdiv 2Authority to act
Start here
Get a plain-English read of Subdiv 2
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2025.
Subdivision 2—Authority to act 100—Biosecurity auditors (1) A biosecurity auditor is authorised under this Act to perform— (a) biosecurity audits as required under this Act; and (b) any other functions conferred on a biosecurity auditor by, or under, this Act. (2) The authorisation of a biosecurity auditor to perform biosecurity audits is subject to— (a) any provision made by the responsible accreditation authority as to the class (or classes) of biosecurity audits that the biosecurity auditor is authorised to perform; and (b) any conditions or limitations that apply in relation to the appointment of the biosecurity auditor. 101—Approval of authorised officer to perform functions of biosecurity auditor (1) The Chief Executive may, by written instrument, approve any authorised officer to perform any specified function or functions of a biosecurity auditor. (2) An approval under subsection (1)— (a) may apply to a specified authorised officer or to any class of authorised officers; and (b) may be subject to such conditions or limitations as are specified in the approval. (3) An approval has effect for the period specified in the instrument of approval or, if no period is specified, until revoked by the Chief Executive. (4) The Chief Executive may, by written instrument, revoke or vary an approval under this section at any time. (5) The approval of a person as a biosecurity auditor under this section ceases to be in force if the person— (a) ceases to be an authorised officer; or (b) ceases to be an authorised officer of a particular class specified in the approval. (6) In this Act, a reference to— (a) a biosecurity auditor appointed under this Act; or (b) a person appointed as a biosecurity auditor, includes a reference to a person approved to perform the functions of a biosecurity auditor under this section. 102—Entry to premises by biosecurity auditor (1) A biosecurity auditor who is also an authorised officer may perform their functions as a biosecurity auditor on premises entered under their functions as an authorised officer. (2) A biosecurity auditor who is not an authorised officer may enter premises for the purpose of performing the biosecurity auditor's functions as a biosecurity auditor if accompanying, or being accompanied by, an authorised officer who enters those premises in the performance of their functions as an authorised officer. (3) Nothing in this section prevents a biosecurity auditor from— (a) entering or remaining on premises or doing something else on premises, with the consent of an occupier of the premises; or (b) entering or remaining on any public place while the place is open to the public; or (c) entering or remaining on premises or any public place in circumstances prescribed by the regulations. 103—Use of assistants A biosecurity auditor performing a function conferred by or under this Act may perform the function with the assistance of such other persons as the biosecurity auditor considers necessary in the circumstances (subject to any conditions of appointment as a biosecurity auditor).