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BIOSECURITY ACT 2015 - SECT 139

Biosecurity officer may affix notice to goods

             (1)  A biosecurity officer may affix a notice to, or as near as reasonably practicable to, goods in relation to which biosecurity measures have been required under:

                     (a)  this Division; or

                     (b)  a regulation made for the purposes of section 137.

             (2)  The notice must state:

                     (a)  that the level of biosecurity risk associated with the goods is unacceptable; and

                     (b)  that biosecurity measures have been required in relation to the goods, in accordance with this Chapter, for the purpose of managing that biosecurity risk; and

                     (c)  the effect of subsections (3) and (4) of this section and section 141.

Civil penalty provision

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

                     (a)  a notice is affixed to, or as near as reasonably practicable to, goods under subsection (1); and

                     (b)  the person interferes with, removes or defaces the notice; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) 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:          120 penalty units.

             (4)  Subsection (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph (3)(b) 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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