Document ID: chunk:federal_register_of_legislation:C2025C00015:section:536:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 536 (pt 1/2)
Character Range: 845892–848854

536  Persons assisting biosecurity officers or biosecurity enforcement officers
 (1) This section applies if a biosecurity officer or biosecurity enforcement officer is exercising powers or performing functions under any of the following:
 (a) Division 3 of Part 2 of Chapter 6 (biosecurity risk assessment powers);
 (b) section 360 (biosecurity control order powers);
 (c) section 370 (biosecurity response zone powers);
 (d) subsection 379(1) or (2) (permanent biosecurity monitoring zone powers);
 (e) section 389 (temporary biosecurity monitoring zone powers);
 (f) subsection 399(1) or (2) (biosecurity activity zone powers);
 (g) Division 5 or 6 of Part 1 of Chapter 8 (exercise of powers during biosecurity emergencies);
 (h) Parts 3, 4 and 5.

Biosecurity officers may be assisted by other persons
 (2) A biosecurity officer may be assisted by other persons in exercising powers and performing functions referred to in subsection (1) if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the biosecurity officer.

Powers of a person assisting the biosecurity officer
 (3) A person assisting the biosecurity officer:
 (a) may enter premises, if it is necessary for the biosecurity officer to enter those premises to exercise powers as referred to in subsection (1); and
 (b) may exercise powers as referred to in that subsection for the purposes of assisting the biosecurity officer; and
 (c) must enter premises and exercise powers in accordance with any direction given to the person assisting by the biosecurity officer.
Note 1: Premises includes a conveyance (see paragraph (a) of the definition of premises in section 9).
Note 2: If a direction is given under paragraph (3)(c) in writing, the direction is not a legislative instrument (see subsection 572(2)).

Biosecurity enforcement officers may be assisted by other persons
 (4) A biosecurity enforcement officer may be assisted by other persons in entering premises, and exercising powers and performing functions referred to in subsection (1), if that assistance is necessary and reasonable. A person giving such assistance is a person assisting the biosecurity enforcement officer.

Powers of a person assisting the biosecurity enforcement officer
 (5) A person assisting the biosecurity enforcement officer:
 (a) may enter the premises; and
 (b) may exercise any powers that may be exercised by the biosecurity enforcement officer on the premises, for the purposes of assisting the biosecurity enforcement officer; and
 (c) must enter premises and exercise powers in accordance with any direction given to the person assisting by the biosecurity enforcement officer.
Note 1: A person assisting a biosecurity enforcement officer may use such force against things as is necessary and reasonable in the circumstances (see sections 505 and 515).
Note 2: If a direction is given under paragraph (5)(c) of this section in writing, the direction is not