Document ID: chunk:federal_register_of_legislation:C2025C00015:section:395
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 395
Character Range: 638931–640651

395  Director of Biosecurity may determine biosecurity activity zone
 (1) The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity activity zone if:
 (a) the area is a place where powers are exercised or functions or duties are performed by, or on behalf of, the Commonwealth under this Act; and
 (b) the Director of Biosecurity is satisfied it is necessary to make the determination for the purpose of managing biosecurity risks associated with the exercise of those powers or the performance of those functions or duties.
Note 1: See section 310 in relation to the meaning of biosecurity risk in this Chapter.
Note 2: For variation of a biosecurity activity zone determination, see subsection 33(3) of the Acts Interpretation Act 1901.
Note 3: For revocation of a biosecurity activity zone determination, see section 398.
 (2) Without limiting subsection (1), a specified area may consist of the whole or part of specified premises (other than a conveyance), including premises on which a biosecurity industry participant carries out biosecurity activities as authorised by an approved arrangement covering the biosecurity industry participant.
 (3) The Director of Biosecurity may determine that a specified area in Australian territory is a biosecurity activity zone even if the area, or a part of the area, is part of:
 (a) a biosecurity response zone; or
 (b) a biosecurity monitoring zone.
 (4) A determination made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
 (5) A biosecurity activity zone determination remains in force until it is revoked under section 398.