Document ID: chunk:federal_register_of_legislation:C2025C00015:section:346:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 346 (pt 1/2)
Character Range: 564801–567537

346  Regulations may provide for other biosecurity measures
 (1) The regulations may provide that a biosecurity officer may require a specified kind of biosecurity measure (a prescribed biosecurity measure) to be taken in relation to goods or premises in Australian territory.
Note 1: This Chapter does not apply in relation to certain goods or conveyances (see section 312).
Note 2: Premises include a conveyance (see paragraph (a) of the definition of premises in section 9).
Note 3: See section 310 in relation to the meaning of biosecurity risk in this Chapter.
Note 4: Limitations apply to the exercise of a power provided by regulations made for the purposes of this section (see subsection (5)).
 (2) Regulations made for the purposes of this section must not provide for a biosecurity officer to require any of the following kinds of biosecurity measures to be taken:
 (a) a biosecurity measure of a kind set out in Subdivision B of Division 3 of Part 3 of Chapter 2 (biosecurity measures that may be included in a human biosecurity control order);
 (b) a biosecurity measure of a kind set out in Division 3 of Part 2 of this Chapter (biosecurity risk assessment powers);
 (c) a biosecurity measure of a kind set out in Division 2 of this Part (biosecurity measures to manage unacceptable level of biosecurity risk);
 (d) a biosecurity measure or a kind referred to in Subdivision B of Division 2 of Part 4 of Chapter 10 (decontamination).
 (3) Regulations made for the purposes of this section may also provide for, or in relation to, other matters relating to a prescribed biosecurity measure.
 (4) Without limiting subsection (3), regulations made for the purposes of this section may do any of the following:
 (a) provide for persons to be notified, and the circumstances in which the persons must be notified, that a prescribed biosecurity measure is required to be taken;
 (b) if regulations made for the purposes of subsection 574(2) provide that the decision to require a prescribed biosecurity measure to be taken is a reviewable decision—provide that, except in the circumstances (if any) prescribed, the prescribed biosecurity measure must not be taken during the period in which a review of that decision, or any related proceeding (including any appeal), has been finally determined.

Limitation on exercise of powers provided by regulations
 (5) A power provided by regulations made for the purposes of this section must not be exercised in relation to goods or premises in Australian territory unless:
 (a) the power is specified in a biosecurity control order that relates to the goods or premises; or
 (b) the power is specified in a biosecurity response zone determination that relates to the goods or premises