BIOSECURITY ACT 2025 - SECT 237 (2025)

South Australian Current Acts

BIOSECURITY ACT 2025 - SECT 237

237—Powers that can be exercised on premises or in relation to a vehicle

(1) Anauthorised officer may do anything that in the opinion of theauthorised officer is reasonably necessary to be done for anauthorised purpose, including (but not limited to) the things specified insubsection (2).

(2) An authorisedofficer may do any or all of the following:

(a) enter, inspect and search and, if necessary, use reasonable force to breakinto or open—

(i) any premises or vehicle; or

(ii) part of, or anything in or on, any premises or vehicle;

(b) require a vehicle to stop, or to be presented at a place and time specified bythe authorised officer, and board any vessel or craft;

(c) givedirections with respect to the stopping, securing or movement of a vehicle,plant, equipment or other thing;

(d) aspart of an inspection, require a person to produce a document, record or otherinformation, including a document, record or other information that is storedby in an electronic or other form;

(e) examine, copy or take extracts from a document, record or other information soproduced or require a person to provide a copy of any such document, record orother information;

(f) bring any vehicle onto any premises;

(g) bring any equipment or other thing onto any premises or onto or into anyvehicle, and use that equipment;

(h) examine and inspect any thing;

(i) take and remove samples of any thing (including any thingunder land);

(j) makeany examinations, inquiries or tests;

(k) carry out measures in relation to any biosecurity matter, carrier, potentialcarrier, premises, vehicle or other thing, including to cleanse, disinfect orotherwise treat any such thing or to subject any such thing to anytreatment measure;

(l) isolate, confine or detain any biosecurity matter, carrier or other thing;

(m) construct, reinforce or repair any building, fencing, gates, structures,barriers or other methods of enclosure, or carry out any other security orcontainment measures in relation to any premises, biosecurity matter, carrieror other thing;

(n) erect signs;

(o) moveany biosecurity matter, carrier or other thing;

(p) apply, install, inspect, use or retrieve any device, bait, lure, trap or otherequipment for the purpose of detecting, identifying, monitoring, controlling,capturing, suppressing, destroying or eradicating any biosecurity matter,carrier or other thing;

(q) carry out any activity, work or operation as may be necessary for thedetection, identification, monitoring, controlling, capture, suppression,disposal, destruction or eradication of any biosecurity matter, carrier orother thing;

(r) verify that the packaging or labelling of any animal or plant, oranimal product or plant product, complies with this Act or a correspondinglaw;

(s) evaluate any facilities or equipment used in or in connection with, orprocesses or procedures carried out at or on, any premises or vehicle,including at any artificial breeding centre or veterinary diagnosticlaboratory;

(t) takeany photographs, films or audio, video or other recordings;

(u) seize any biosecurity matter, carrier or other thing if the authorised officerhas reasonable grounds for believing that seizure of the biosecurity matter,carrier or other thing is necessary to prevent, eliminate, minimise, controlor manage a biosecurity risk posed by or in relation to thebiosecurity matter, carrier or thing;

(v) seize any thing that the authorised officer hasreasonable grounds for believing—

(i) is connected with an offence under this Act or theregulations; or

(ii) without limiting subparagraph(i), is being held ormaintained contrary to any requirement of this Act, or is prohibited frombeing in the State or a relevant part of the State under this Act;

(w) moveany seized thing from the place where it is seized or leave it at the placewhere it is seized and take reasonable action to restrict access to the thing;

(x) direct an occupier of premises where a thing is seized toretain it at those premises or at another place under the control of theoccupier;

(y) require a person to deliver any biosecurity matter or carrier to aquarantine station, or to any other place specified by the authorised officer;

(z) identify, by marking, branding, tagging, implanting microchips or otherwise,any premises, vehicle, biosecurity matter, carrier or other thing;

(za) usereasonable force to prevent the commission of an offence under this Act;

(zb) doanything else authorised by or under this Act;

(zc) give directions reasonably required in connection with the exercise of a powerconferred by any of the above paragraphs or otherwise in connection with theadministration, operation or enforcement of this Act.

(3) Anauthorised officer may only use force under subsection(2)(a) to breakinto premises or a vehicle on the authority of a warrant or in circumstancewhere the authorised officer is acting in the case of an emergency.

(4) Subject tosubsection(5), if an authorised officer seizes any biosecurity matter,carrier or other thing under subsection(2)(u), the authorised officermay do 1 or more of the following in relation to the biosecurity matter,carrier or other thing:

(a) retain it;

(b) cleanse, disinfect or otherwise treat it or subject it to anytreatment measure;

(c) submit it for testing and analysis;

(d) return it to its owner subject to any specified conditions.

(5) If anauthorised officer seizes anything under subsection(2)(v) or acts in thecircumstances described in subsection(2)(u) and has (at the time of soacting or subsequently) reasonable grounds for believing that the thing is orwas also liable to seizure under subsection(2)(v)—

(a) theauthorised officer may retain it and do 1 or both of the following in relationto the biosecurity matter, carrier or other thing:

(i) cleanse, disinfect or otherwise treat it or subject it toany treatment measures;

(ii) submit it for testing and analysis; and

(b) section239 applies in relation to the seizure.

(6) Despite apreceding subsection, if any biosecurity matter, carrier or other thing hasbeen seized by an authorised officer, the biosecurity matter, carrier or otherthing may be destroyed or disposed of in such manner as the Chief Executiveapproves if the Chief Executive believes on reasonable grounds that suchaction should be taken.

(7) The power to seizeany thing in connection with an offence includes the power to seize—

(a) athing with respect to which the offence has been committed;

(b) athing that will afford evidence of the commission of the offence;

(c) athing that was used for the purpose of committing the offence.

(8) In this section, areference to an offence includes a reference to an offence that there arereasonable grounds for believing has been committed.

(9) A power to dosomething under this section in relation to a thing may be exercised withoutthe consent of the owner of the thing.

(10) The power to do athing under this section includes the power to arrange for that thing to bedone.

(11) Anauthorised officer who is not a veterinary surgeon must not carry out anyveterinary treatment within the meaning of the Veterinary Practice Act2003 unless authorised to do so by the Chief Veterinary Officer tocarry out veterinary treatment of that kind.