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BIOSECURITY ACT 2015 - SECT 195

Power to obtain extra information relating to an aircraft or vessel covered by a pre-arrival report

             (1)  A biosecurity officer may exercise the powers under subsections (2), (3) and (4) for the purpose of assessing the level of biosecurity risk associated with an aircraft or vessel that is the subject of a report under paragraph 193(1)(a) but was not subject to biosecurity control when the report was given and has not become subject to biosecurity control since.

Power to require information or answers to questions

             (2)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the aircraft or vessel to answer questions, or provide information in writing, in relation to the aircraft or vessel.

Note 1:       The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).

Power to require production of documents

             (3)  A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the aircraft or vessel to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.

Note 1:       The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).

Note 2:       A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).

Power to deal with documents

             (4)  A biosecurity officer:

                     (a)  may make copies of, or take extracts from, a document produced under subsection (3); and

                     (b)  for that purpose, may remove the document from the place at which it was produced.

Complying with requirements

             (5)  A person contravenes this subsection if:

                     (a)  the person is required:

                              (i)  to answer questions or give information to a biosecurity officer under subsection (2); or

                             (ii)  to produce documents to a biosecurity officer under subsection (3); and

                     (b)  the person does not comply with the requirement.

Note:          The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).

Fault-based offence

             (6)  A person commits an offence if the person contravenes subsection (5).

Penalty:  Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.

Application to persons within and outside Australian territory

             (8)  Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the person is required to answer the questions, give the information or produce the documents.

Note:          This section is not subject to the privilege against self-incrimination (see section 635).



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