Document ID: chunk:federal_register_of_legislation:C2025C00015:section:377
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 377
Character Range: 609890–612395

377  Simplified outline of this Part

      This Part provides for certain areas in Australian territory to be biosecurity monitoring zones. Powers may be exercised in these zones for the purpose of monitoring whether a disease or pest that may pose an unacceptable level of biosecurity risk:
             (a) has entered, or has emerged, established itself or spread in, the zone; or
             (b) is likely to enter, or to emerge, establish itself or spread in, the zone.
      There are 2 kinds of biosecurity monitoring zones—permanent biosecurity monitoring zones (see Division 2) and temporary biosecurity monitoring zones (see Division 3).
      Permanent biosecurity monitoring zones are areas in Australian territory that are within the permissible distance of other areas that are considered to have a high level of biosecurity risk associated with them, for example first points of entry for goods being brought into Australian territory or for aircraft or vessels entering Australian territory.
      Division 2 deals with the powers that may be exercised (including in premises) in a permanent biosecurity monitoring zone, and sets out the civil penalty provisions.
      Under Division 3, the Director of Biosecurity may determine that a specified area in Australian territory is a temporary biosecurity monitoring zone if the Director is satisfied it is necessary to do so for the purpose of monitoring whether a disease or pest that may pose an unacceptable level of biosecurity risk:
             (a) has entered, or has emerged, established itself or spread in, the area; or
             (b) is likely to enter, or to emerge, establish itself or spread in, the area.
      Division 3 sets out requirements relating to making a temporary biosecurity monitoring zone determination, including requirements relating to the content of the determination and requirements relating to consultation and notification.
      Division 3 also deals with the powers that may be exercised (including in premises) in accordance with a temporary biosecurity monitoring zone determination and sets out civil penalty provisions.
      Before exercising a power in a permanent biosecurity monitoring zone or in accordance with a temporary biosecurity monitoring zone determination, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).

Division 2—Permanent biosecurity monitoring zones

Subdivision A—Areas that are permanent biosecurity monitoring zones