Australian Capital Territory Numbered Acts

BIOSECURITY ACT 2023 (NO. 50 OF 2023) - SECT 48

    (1)     If a person (the liable person ) fails to comply with an emergency declaration, the director-general may authorise a person to—

        (a)     enter premises; and

        (b)     take any action in relation to the premises, or anything at the premises, that the liable person is required by the declaration to take or is otherwise necessary to remedy the failure to comply.

    (2)     The director-general may recover from the liable person the reasonable costs of taking action under this section.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

    (3)     If the director-general authorises a person to enter residential premises to take action under subsection (1), the director-general must give written notice of the entry to an occupier of the premises.

    (4)     The notice must—

        (a)     state the day of entry; and

        (b)     be given to the occupier at least 1 day before the day of entry.

    (5)     However, notice is not required to be given if the person enters the residential premises—

        (a)     with the consent of an occupier of the premises; or

        (b)     under the authority of a warrant.

    (6)     Any action taken under this section for failure to comply with an emergency declaration, is in addition to the taking of a proceeding for an offence of failing to comply with an emergency declaration under section 49.