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Biosecurity Regulation 2016
17Other biosecurity measures relating to goods—isolation
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#### 17 Other biosecurity measures relating to goods—isolation
Biosecurity officer may require goods to be isolated
(1) For section 137 of the Act, a biosecurity officer may require goods to which section 131 of the Act applies to be isolated in or on premises specified by the biosecurity officer during a period (the isolation period) specified by the biosecurity officer.
> Note 1: Premises include a conveyance (see paragraph (a) of the definition of premises in section 9 of the Act).
> Note 2: A reference to premises in this section includes a reference to a part of the premises (see subsection (9)).
> Note 3: The following provisions of the Act apply if a biosecurity officer requires goods to be isolated for a period under this subsection:
(a) section 138 (powers of biosecurity officer if biosecurity measures are required);
(b) section 139 (biosecurity officer may affix notice to goods);
(c) section 140 (person must comply with direction to take biosecurity measures);
(d) section 141 (unauthorised persons must not move etc. goods to which notice has been affixed).
Notice may be affixed to goods or at entry and exit of premises
(2) If a biosecurity officer requires goods to be isolated in or on premises under subsection (1), a biosecurity officer may:
(a) direct a person in charge of the goods to do either or both of the following:
(i) affix a notice to, or as near as reasonably practicable to, the goods;
(ii) affix a notice at each entry and exit point of the premises; or
(b) affix a notice at each entry and exit point of the premises.
> Note: A biosecurity officer may also affix a notice to, or as near as reasonably practicable to, the goods under section 139 of the Act.
(3) An isolation notice in relation to goods that are required to be isolated in or on premises under subsection (1) must state the following:
(a) the goods to which the notice applies;
(b) that the level of biosecurity risk associated with the goods is unacceptable;
(c) that the goods have been required to be isolated in accordance with Chapter 3 of the Act for the purpose of managing that biosecurity risk;
(d) the premises in or on which the goods are required to be isolated;
(e) the isolation period;
(f) any requirements imposed under subsection (4);
(g) the effect of sections 18 to 21.
Requirements that may be imposed in relation to isolated goods
(4) If a biosecurity officer requires goods to be isolated in or on premises under subsection (1), a biosecurity officer may impose any of the following requirements in relation to the premises in or on which the goods are to be isolated:
(a) a requirement that persons entering or leaving the premises do so at specified places;
(b) a requirement that specified classes of persons not enter the premises;
(c) a requirement that persons entering, or in, the premises wear specified clothing or equipment (or both) that is designed to prevent a disease or pest from entering the premises, or establishing itself or spreading in, on or outside the premises;
(d) a requirement that persons not interfere with the premises;
(e) a requirement that persons bringing goods on to the premises do so at specified places;
(f) a requirement that specified classes of goods not be brought on to the premises;
(g) a requirement that conveyances entering or leaving the premises do so at specified places;
(h) a requirement that specified classes of conveyances not enter the premises.
(5) If the requirement referred to in paragraph (4)(c) is imposed, an isolation notice must also state the following:
(a) the circumstances in which a person is required to wear the clothing or equipment;
(b) the period during which, or the times at which, the person is required to wear the clothing or equipment;
(c) instructions for wearing the clothing or equipment.
(6) Except as permitted by paragraph (4)(b) or (c), a biosecurity officer must not require an individual to be subject to a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 of the Act.
> Note: That Subdivision sets out the biosecurity measures that may be included in a human biosecurity control order.
(7) However, subsection (6) does not prevent the Director of Biosecurity or a biosecurity officer exercising a power under Subdivision B of Division 2 of Part 4 of Chapter 10 of the Act.
> Note: Under that Subdivision, a biosecurity officer may request an individual to be decontaminated, and may require an individual’s clothing and any personal effects to be decontaminated.
Extension of isolation period
(8) A biosecurity officer may extend the isolation period in relation to goods that are subject to a requirement under subsection (1) if the biosecurity officer continues to suspect, on reasonable grounds, that the level of biosecurity risk associated with the goods is unacceptable.
References to premises
(9) In this section, a reference to premises includes a reference to a part of the premises.