Document ID: chunk:federal_register_of_legislation:C2025C00015:section:14
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 14
Character Range: 129544–131488

14                                                    Power of Director of Biosecurity to deal with a forfeited conveyance                                                                                                                        Section 630

Principles affecting decision‑making
 (2) Before the biosecurity official makes the decision, the biosecurity official must be satisfied of all of the following:
 (a) that exercising the power is likely to be effective in, or to contribute to, achieving the purpose for which the power is to be exercised;
 (b) that exercising the power is appropriate and adapted to achieve that purpose;
 (c) that the manner in which the power is to be exercised is no more restrictive or intrusive than is required in the circumstances;
 (d) if the power is to be exercised in relation to an individual—that the power is no more restrictive or intrusive than is required in the circumstances;
 (e) if the power is to be exercised during a period—that the period is only as long as is necessary.

Powers that are to be exercised in relation to a conveyance
 (3) If the power is to be exercised in relation to a conveyance, the biosecurity official must consider the impact of the exercise of the power on the health and safety of any persons on board the conveyance.

Exceptions to application of the principles
 (4) Subsection (2) does not apply in relation to the making of a biosecurity control order or the making of a legislative instrument under Chapter 6 (including a biosecurity control order or a legislative instrument made under that Chapter in accordance with Division 5 or 6 of Part 1 of Chapter 8 (biosecurity emergencies)).
Note: For principles affecting the exercise of a power under Chapter 2 (managing biosecurity risks: human health), see section 34.

Chapter 2—Managing biosecurity risks: human health

Part 1—General protections and listing human diseases

Division 1—Introduction