Document ID: chunk:federal_register_of_legislation:C2025C00015:section:470:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 470 (pt 1/2)
Character Range: 744343–747250

470  Entry to premises without warrant or consent during biosecurity emergencies
 (1) During a biosecurity emergency period, a biosecurity officer or biosecurity enforcement officer may (subject to subsection (2)) enter any premises for any or all of the following purposes:
 (a) if no relevant biosecurity control order (see subsection (3)) is in force in relation to the premises or goods on the premises—to exercise powers in accordance with Division 3 of Part 2 of Chapter 6 (biosecurity risk assessment powers) in relation to the declaration disease or pest;
 (b) if a relevant biosecurity control order is in force in relation to the premises or goods on the premises—to exercise powers in accordance with section 360 in relation to the premises or goods (as the case requires) for the following purpose:
 (i) for orders made under section 353 without the modifications provided by section 461—managing the biosecurity risk posed by the declaration disease or pest;
 (ii) for orders made under section 353 with the modifications provided by section 461—preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory;
 (c) if the premises are in a relevant biosecurity response zone (see subsection (4))—to exercise powers in accordance with section 370 in relation to the premises or goods (as the case requires) for the following purpose:
 (i) for biosecurity response zone determinations made under section 365 without the modifications provided by section 465—managing the biosecurity risk posed by the declaration disease or pest;
 (ii) for biosecurity response zone determinations made under section 365 with the modifications provided by section 465—preventing or controlling the establishment or spread of the declaration disease or pest in Australian territory or a part of Australian territory;
 (d) in any case—to set traps or set up equipment or other structures in relation to the declaration disease or pest in accordance with section 466.
Note 1: For the obligations and powers of biosecurity enforcement officers in entering premises under this section, see Division 3 of Part 5 of Chapter 9.
Note 2: For modifications of Chapter 6 (managing biosecurity risks: monitoring, control and response) in relation to premises entered in accordance with this section, see section 471.
Note 3: Premises includes a conveyance (see paragraph (a) of the definition of premises in section 9).
 (2) A biosecurity officer or biosecurity enforcement officer is not authorised to enter premises under subsection (1) unless:
 (a) the biosecurity officer suspects, on reasonable grounds, that the declaration disease or pest may be present in or on the premises or goods on the premises; and
 (b) a biosecurity enforcement officer accompanies the biosecurity officer for the purposes of assisting in entering the premises