§ 125 — Direction to deal with hazard or source of contamination

125.—(1) Where the Director‑General —(a)

reasonably suspects (whether or not from the report of an authorised officer or a food inspector) the existence of a hazard or a source of contamination that may adversely affect —(i)

any primary produce or food;

(ii)

any live food producing animal or other thing that may become food; or

(iii)

any regulated food contact article; and

(b)

is satisfied on reasonable grounds that a direction under section 126 or 127 is necessary to minimise, manage or eradicate, over a limited period or over an indefinite period, the risk to human health created by the suspected hazard or the suspected source of contamination,

the Director‑General may give a direction described in section 126 (called a movement control direction), a direction described in section 127 (called a declaration direction), or both those directions, to any person described in section 119(1).

(2) In this section and sections 126 and 127 —“biosecurity carrier” means any animal or plant, or part of any animal or plant, or any other thing —(a)

that is capable of moving a biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place;

(b)

that contains a biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing; or

(c)

that —(i)

is infected with a disease or is reasonably believed to be infected with disease; or

(ii)

may have been in contact with another animal or bird which is infected with disease, or may have been exposed to disease,

but excludes a human or part of a human;

“biosecurity matter” means —(a)

a living thing, other than a human or part of a human;

(b)

a pathogen that can cause disease in —(i)

an animal; or

(ii)

a human, by the transmission of the pathogen from an animal to the human; or

(c)

a disease;

“hazard” means an adverse or injurious health effect on humans that arises or may have the potential to arise from any of the following:(a)

a biosecurity matter, a chemical substance or other matter that —(i)

is in primary produce, food or a regulated food contact article;

(ii)

has the potential to be in primary produce, food or a regulated food contact article;

(iii)

is a condition of primary produce, food or a regulated food contact article; or

(iv)

has the potential to affect the condition of primary produce, food or a regulated food contact article;

(b)

a biosecurity carrier;

(c)

a dealing with a biosecurity matter or a biosecurity carrier;

(d)

a plant pesticide or a residue thereof;

(e)

a failure to comply with an applicable requirement of this Act relating to the slaughter of animals to produce meat or meat products, meat processing, primary production activity, or the supplying or handling of food;

“manage”, in relation to the risk to human health from a hazard or a source of contamination, includes prevent or control the transmission or spread of the hazard or contamination;

“movement”, in relation to any thing or individual, includes —(a)

the transport of the thing by any conveyance;

(b)

the deployment of equipment in more than one premises; and

(c)

the deployment of the individual to work or attend in person in more than one premises or workplaces;

“thing” —(a)

means a thing, whether alive, dead or inanimate; and

(b)

includes a human.

—(1) Where the Director‑General —(a)

reasonably suspects (whether or not from the report of an authorised officer or a food inspector) the existence of a hazard or a source of contamination that may adversely affect —(i)

any primary produce or food;

(ii)

any live food producing animal or other thing that may become food; or

(iii)

any regulated food contact article; and

(b)

is satisfied on reasonable grounds that a direction under section 126 or 127 is necessary to minimise, manage or eradicate, over a limited period or over an indefinite period, the risk to human health created by the suspected hazard or the suspected source of contamination,

the Director‑General may give a direction described in section 126 (called a movement control direction), a direction described in section 127 (called a declaration direction), or both those directions, to any person described in section 119(1).

(2) In this section and sections 126 and 127 —“biosecurity carrier” means any animal or plant, or part of any animal or plant, or any other thing —(a)

that is capable of moving a biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place;

(b)

that contains a biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing; or

(c)

that —(i)

is infected with a disease or is reasonably believed to be infected with disease; or

(ii)

may have been in contact with another animal or bird which is infected with disease, or may have been exposed to disease,

but excludes a human or part of a human;

“biosecurity matter” means —(a)

a living thing, other than a human or part of a human;

(b)

a pathogen that can cause disease in —(i)

an animal; or

(ii)

a human, by the transmission of the pathogen from an animal to the human; or

(c)

a disease;

“hazard” means an adverse or injurious health effect on humans that arises or may have the potential to arise from any of the following:(a)

a biosecurity matter, a chemical substance or other matter that —(i)

is in primary produce, food or a regulated food contact article;

(ii)

has the potential to be in primary produce, food or a regulated food contact article;

(iii)

is a condition of primary produce, food or a regulated food contact article; or

(iv)

has the potential to affect the condition of primary produce, food or a regulated food contact article;

(b)

a biosecurity carrier;

(c)

a dealing with a biosecurity matter or a biosecurity carrier;

(d)

a plant pesticide or a residue thereof;

(e)

a failure to comply with an applicable requirement of this Act relating to the slaughter of animals to produce meat or meat products, meat processing, primary production activity, or the supplying or handling of food;

“manage”, in relation to the risk to human health from a hazard or a source of contamination, includes prevent or control the transmission or spread of the hazard or contamination;

“movement”, in relation to any thing or individual, includes —(a)

the transport of the thing by any conveyance;

(b)

the deployment of equipment in more than one premises; and

(c)

the deployment of the individual to work or attend in person in more than one premises or workplaces;

“thing” —(a)

means a thing, whether alive, dead or inanimate; and

(b)

includes a human.