Australian Advocacy Group

a Latin phrase meaning ‘beyond the powers’, describes an act or decision made without the legal authority to do so.

Regarding my properties forced entry, resulting in a medically treated injury, forced toxic chemical disribution on private land, where no fire ants where evident, and subsequent arrest for obstructing police the term ultra vires barely starts to discrib the reckless, irresponsible and draconian, heavy handed approach by both the biosecurity officers, police and employee’s commisioned to strip me of my fundamental human rights, private property rights and individual choice to toxic chemcial exposure, which has been reported, with strong evidence, to be causing harm to my susceptible Galloway Cattle.

The disturbing thing about this matter is I am not alone. This approach has been used thousands of times to Queenslanders in the eradication zones and subsequent zones allocated as areas where human rights and privacy on private land was stripped by greedy corporations under the guise of biosecurity and supported by our governing departments and elected members, suggesting corporate capture is ripe in Australian governments and regulatory entities of all levels.

At the mention on Monday, 13 October 2025, the presiding Magistrate noted that a pre-requisite ultra vires hearing could be conducted prior to the hearing of the police obstruction charges. The Summary Trial, together with the ultra vires hearing, was subsequently listed for 15 January 2026.

Following that listing, Acting Senior Sergeant Brad Dick (email dated 11 November 2025) advised the Court that one of the police officers would be on leave overseas and sought an adjournment of the Summary Trial. As such, another mentioned has been listed for Monday 24 November 2025.

Correspondence from Senior Sergeant Adam Marre, OIC Ipswich Police Prosecutions (26 August 2025, exhibit 31) confirms that the statutory provisions underpinning police attendance and assistance to Biosecurity Officers are s 16 of the Police Powers and Responsibilities Act 2000 (Qld) and s 261 of the Biosecurity Act 2014 (Qld). Police powers are derivative of the Biosecurity Officer’s statutory authority and do not create independent authority.

Should this matter proceed to trial I will aim to articulate ultra vires using both case and legislative law to demonstrate QPS not only overreached their powers but were in fact willingly coerced to do so by the Department of Primary Industries (DPI).

Legal Basis (Some of the MAIN points)

1. Derivative Powers of Police – s 16 PPRA
   • Police powers are derivative of the public officer’s powers when assisting them.
   • Biosecurity Officer Morris holds primary statutory authority relevant to this incident.
   • The absence of a police officer does not impede the lawful exercise of powers, which are exercisable directly by the Biosecurity Officer under the Biosecurity Act 2014 (Qld).
2. Ultra Vires Considerations – Biosecurity Act 2014
   • The Prevention and Control Program relied upon by the officers is invalid under s 236(1)(d) and s 236(2) because it fails to specify a defined period over which the program is to be carried out (1(d)) and therefore cannot be limited to what is reasonably necessary to achieve its purpose (2) (Exhibit 37).
   • Officers did not prove appointment by an entity authorising the program as required under s 255(3). Identification cards alone are insufficient.
   • No biosecurity matter or risk existed on 16 April 2025 (ss 6, 15, 16), and therefore prophylactic treatment exceeded the Act’s powers.
   • The Prevention and Control Program was authorised in 2016, but scientific knowledge and strategic approaches to fire ant management have evolved significantly since then, as demonstrated by the 2021 Strategic Review and the 2023–2027 Compliance and Enforcement Strategy (Exhibit 38). Reliance on an outdated program further undermines the legal validity of the officers’ actions.
   • Entry without consent was trespassory under the principle in Plenty v Dillon (1991) 171 CLR 635.
   • Officers failed to consider my reasonable excuse, contrary to Kioa v West (1985) 159 CLR 550, amounting to denial of procedural fairness.
   • The officers’ actions were inconsistent with the Department’s own Compliance and Enforcement Strategy 2023–27 (Exhibit 38), which emphasises voluntary compliance, risk-based prioritisation, and procedural fairness. Specifically, the stated objectives of compliance activities are to:
     1. Promote voluntary compliance through raising awareness of legislation, and
     2. Achieve compliance by working with stakeholders to develop and assess alternative risk mitigation strategies.

The forced entry and disregard of a reasonable excuse on 16 April 2025 are directly at odds with these objectives, demonstrating a departure from the Department’s stated policy and best practice.

What do you guys think of this? See all my documented evidence and relevant legislative Acts below.

Biosecurity Act 2014 (QLD)

Reprint current from 26 April 2024 to date (accessed 15 November 2025 at 17:02)

261       Power to enter place under biosecurity program

1. This section applies to a place situated in an area to which a biosecurity program applies.
2. However, this section does not apply to the carrying out of an aerial control measure for biosecurity matter under section 294 that is authorised by a biosecurity program in relation to a place.
3. An authorised officer may, at reasonable times, enter the place to take any action authorised by the biosecurity program.

Notes—

1    See, however, the restrictions on entry under section 259(2).

2    See section 270 for the procedure for entry under this section.

259       General power to enter places

• For subsection (1)(d) and (e), entry to a place does not include entry to a part of the place where a person resides (a residence) without the person’s consent or a warrant.
• The following do not form part of a  residence —
  • a carport, other than a carport to which access is restricted;
  • the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;
  • the area underneath the  residence  to which access is not restricted and no provision is made to restrict access;
  • any other external part of the  residence , including, for example, the residence’s gutters;
  • land around the  residence.

13          Definitions

residence  means a premises or a part of premises that is a  residence within the meaning of section 259(2) and (3)

270 Entry of place under ss 261 and 262

1. This section applies to an authorised officer intending to enter a place under section 261 or 262.
2. The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and advise the occupier of the officer’s intention to enter the place.
3. The authorised officer may enter the place if the officer is unable to locate an occupier after making a reasonable attempt to do so.
4. If the authorised officer finds an occupier present at the place, whether before or after entering the place, the officer must make reasonable attempts to—
   1. produce the authorised officer’s identity card for the occupier’s inspection; and
   1. inform the occupier—
      1. of the reason for entering the place; and
      1. that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and
      1. if the entry relates to a biosecurity program—
         1. of any steps taken, or to be taken, under the biosecurity program; and
         1. if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.

Note—

See, however, the restrictions on entry under section 259(2).

• If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4)(b).

255       Powers of particular authorised officers limited

1. An authorised person appointed by the chief executive officer of a local government or by the chief executive officers of 2 or more local governments may exercise the powers of an authorised person under this Act only—
   1. in the local government area or local governments’ areas; and
   1. in relation to invasive biosecurity matter for its area or their areas.
2. An authorised person appointed by an invasive animal board may exercise the powers of an authorised person under this Act only—
   1. in an area within—
      1. if the board has an operational area—the operational area; or
      1. otherwise—within 20m of the part of the barrier fence for which the board is responsible; and
   1. in relation to the invasive animal managed by the board.
3. An authorised officer may exercise the powers of an authorised officer under this Act in relation to a biosecurity program only if the authorised officer is appointed by at least 1 of the entities that authorised the biosecurity program.

PART 2 AUTHORISING AND ENFORCING BIOSECURITY PROGRAMS

235       Authorising and carrying out biosecurity program 

1. Any of the following may authorise and carry out a biosecurity program (a program authorisation)—
   1. the chief executive;
   1. a local government;
   1. the chief executive and 1 or more local governments, if the chief executive officer of each local government agrees;
   1. 2 or more local governments, if the chief executive officer of each local government agrees;
   1. an invasive animal board if an operational area is prescribed for the board.
2. A program authorisation must be authorised—
   1. for a program authorisation made by the chief executive—in writing; or
   1. for a program authorisation made by a local government—by a resolution of the local government; or
   1. for a program authorisation made by an invasive animal board—by a resolution of the board.
3. However, a program authorisation for a prevention and control program may be made only if each relevant person for the program authorisation is satisfied—
   1. there is, or is likely to be, prohibited matter in an area; or
   1. there is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Examples of biosecurity matter that pose or are likely to pose a significant biosecurity risk—

• a colony of red imported fire ants
• a plague of locusts
• an infestation of water mimosa
  • measures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Example of measures required to prevent the entry or establishment in an area of biosecurity matter—

surveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area.

• after consultation with an industry group or community (each an interested entity), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.
• Each relevant person for a program authorisation must ensure that each authorised officer who is proposed by the relevant person to act under a biosecurity program is informed of the contents of the program authorisation for the program.
• A program authorisation—
  • if given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or
  • if given by an invasive animal board—may relate only to places in the board’s operational area.
• In this section—

relevant person, for a program authorisation, means any 1 or more of the following—

1. if the chief executive authorised the program—the chief executive;
2. if a local government authorised the program—the chief executive officer of the local government;
3. if an invasive animal board authorised the program—the chairperson of the board.

236       What program authorisation must state

1. A program authorisation for a biosecurity program must state each of the following—
   1. the biosecurity matter to which the program relates;
   1. the purpose of the program;
   1. when the program starts;
   1. the period over which the program is to be carried out;
   1. for a biosecurity program that is a surveillance program—
      1. if the program is directed at monitoring compliance with this Act—
         1. objective criteria for selecting places to be entered and inspected; and
         1. a description of the area in which the places are situated; or
      1. if the program is directed at deciding the presence or extent of the spread of biosecurity matter—
         1. the parts of the State to which it applies; and
         1. if the program applies only to a particular type of place in the State or a part of the State—a description of the type;
   1. for a biosecurity program that is a prevention and control program—
      1. the nature and extent of the program, including—
         1. the parts of the State to which it applies; and
         1. if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and
      1. if a particular type of place is to be entered and inspected—a description of the type;
   1. the powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program;

Examples of a measure an authorised officer may take under a surveillance program—

• monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants
• use baits and lures to check for the presence of fruit fly in an area
• trap and test mosquitoes to find carriers of arboviruses
• take samples from cattle to decide the presence or absence of Johne’s disease

Examples of a measure an authorised officer may take under a prevention and control program—

• spray pesticides on a locust swarm
• vaccinate animals to slow the spread of equine influenza
• check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide
  • the obligations that may be imposed upon a person who is an owner or occupier of a place to which the program applies.

Examples of an obligation for paragraph (h)—

1.           A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.

2.           A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.

• The period over which a biosecurity program is to be carried out must be limited to the period reasonably necessary for achieving the program’s purpose.

237       Giving a direction for prevention and control program

1. An authorised officer may do the following, at any reasonable time and at a place situated in an area to which a prevention and control program applies—
   1. direct an owner or occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates;
   1. destroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.
2. Despite subsection (1)(a), the steps a person may be directed to take must be limited to those reasonably necessary for achieving the program’s purpose.
3. When giving a direction under subsection (1)(a), the authorised officer must give the person an offence warning for the direction.
4. This section—
   1. is subject to section 255; and
   1. does not limit the powers of an authorised officer under chapter 10.

Note—

See the following provisions in chapter 10 about powers of authorised officers—

• section 255 for limitations on the powers of authorised officers
• part 2 for the power to enter places
• part 4 for the general powers that can be exercised after entering places.

238       Failure to comply with direction

1. A person who is given a direction under section 237(1)(a) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

• A person does not commit an offence against subsection (1) if the person is not given an offence warning for the direction.

Part 5 Provisions relating to designated officers

Division 4 Other offences relating to designated officers

336       Obstructing designated officer

1. A person must not obstruct a designated officer, or another person or a detection animal helping a designated officer, exercising a power under this Act unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

• If a person has obstructed a designated officer, or another person or a detection animal helping a designated officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that—
  • it is an offence to cause an obstruction unless the person has a reasonable excuse; and
  • the officer considers the person’s conduct an obstruction.

Part 3 Application and Operation of the ACT

6          Scope of Act generally

This Act includes within its scope—

(a)     acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and

(b)     any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.

12        Community involvement in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

Part 4 Interpretation

Division 2 Key Concepts and definitions

15        What is biosecurity matter

1. Biosecurity matter is—
   1. a living thing, other than a human or part of a human; or
   1. a pathogenic agent that can cause disease in—
      1. a living thing, other than a human; or
      1. a human, by the transmission of the pathogenic agent from an animal to the human; or
   1. a disease; or
   1. a contaminant.
2. If biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle.

Examples of stages of the life cycle for particular biosecurity matter—

egg, larva, pupa, adult

• If schedule 1 or 2, a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name.

16          What is a biosecurity risk

A biosecurity risk is a risk of any adverse effect on a biosecurity consideration caused by, or likely to be caused by—

(a) biosecurity matter; or

(b) dealing with biosecurity matter or a carrier; or

(c) carrying out an activity relating to biosecurity matter or a carrier.

Chapter 2 Significant obligations and offences

23          What is a general biosecurity obligation

1. This section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk.
2. The person has an obligation (a general biosecurity obligation) to take all reasonable and practical measures to prevent or minimise the biosecurity risk.
3. Also, the person has an obligation (also a general biosecurity obligation)—
   1. to prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and
   1. to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and
   1. not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration.

Examples of things that may exacerbate the adverse effects, or potential adverse effects, of biosecurity matter, a carrier or an activity—

• failing to isolate an infected animal from a herd
• failing to wash footwear before leaving a property on which anthrax is present
• inappropriately disposing of leaf litter containing a plant virus or disease
• failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops
• failing to manage the impact of invasive plants and animals on a person’s land
• For subsection (1), carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present.

Police Powers and Responsibilities Act 2000 (QLD)

16        Helping public officials exercise powers under other Acts

1. This section applies if an Act (authorising law) authorises a public official to perform functions in relation to a person or thing.
2. However, this section only applies to a police officer who is not a public official for the authorising law.
3. If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law.
4. Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law.
5. If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.
6. The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.
7. Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.

18          Steps police officer may take for obstruction of public official

1. This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.
2. The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.
3. If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.
4. This section does not apply if the public official is a police officer.

790       Offence to assault or obstruct police officer

1. A person must not—
   1. assault a police officer in the performance of the officer’s duties; or
   1. obstruct a police officer in the performance of the officer’s duties.

Maximum penalty—

1. if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or
2. otherwise—40 penalty units or 6 months imprisonment.
3. For subsection (1), a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.

(2A)The Penalties and Sentences Act 1992, section 108B also states a circumstance of aggravation for an offence against this section.

• In this section—

assault has the meaning given by the Criminal Code, section 245.

obstruct includes hinder, resist and attempt to obstruct.