Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 130

Unauthorised persons must not move etc. goods in relation to which direction has been given or notice has been affixed

             (1)  This section applies in relation to:

                     (a)  goods that have been secured in accordance with a direction given under subsection 124(1); or

                     (b)  goods in relation to which a direction relating to movement has been given under paragraph 128(1)(a); or

                     (c)  goods that have been moved under paragraph 128(1)(b); or

                     (d)  goods in relation to which a biosecurity control notice has been affixed under paragraph 129(1)(a).

Civil penalty provision

             (2)  A person is liable to a civil penalty if:

                     (a)  the person moves, deals with or interferes with goods in relation to which this section applies; and

                     (b)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;

                             (ii)  the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          300 penalty units.

             (3)  Subsection (2) does not apply if the person is authorised to engage in the conduct referred to in paragraph (2)(a) under this Act or under another Australian law.

Note:          A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).



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