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BIOSECURITY ACT 2015 - SECT 215

Person must comply with direction to take biosecurity measures

  (1)   A person who is given a direction in relation to a conveyance under paragraph   206(2)(a), 207(2)(a) or 213(1)(a), (b) or (c) must comply with the direction.

Fault - based offences

  (2)   A person commits an offence if:

  (a)   the person is the person in charge, the operator or the owner of an aircraft or vessel; and

  (b)   the person has been given a direction under paragraph   206(2)(a), 207(2)(a) or 213(1)(a), (b) or (c); and

  (c)   the person engages in conduct; and

  (d)   the conduct contravenes the direction.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (3)   The person in charge of an aircraft or vessel commits an offence if:

  (a)   the operator of the aircraft or vessel has been given a direction under paragraph   206(2)(a), 207(2)(a) or 213(1)(b), other than a direction under paragraph   213(1)(b) to arrange for destruction of the aircraft or vessel to be carried out; and

  (b)   the direction is not complied with.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (4)   The operator of an aircraft or vessel commits an offence if:

  (a)   the person in charge of the aircraft or vessel has been given a direction under paragraph   206(2)(a), 207(2)(a) or 213(1)(a); and

  (b)   the direction is not complied with.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (5)   The operator of an aircraft or vessel commits an offence if:

  (a)   the owner of the aircraft or vessel has been given a direction under paragraph   213(1)(c); and

  (b)   the direction is not complied with.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (6)   The owner of an aircraft or vessel commits an offence if:

  (a)   the operator of the aircraft or vessel has been given a direction under paragraph   213(1)(b) to arrange for the destruction of the aircraft or vessel to be carried out; and

  (b)   the direction is not complied with.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provisions

  (7)   The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

  (a)   the person in charge or the operator of the aircraft or vessel has been given a direction under paragraph   206(2)(a), 207(2)(a) or 213(1)(a) or (b), other than a direction under paragraph   213(1)(b) to arrange for destruction of the aircraft or vessel to be carried out; and

  (b)   the direction is not complied with.

Civil penalty:   300 penalty units.

  (8)   The operator and the owner of an aircraft or vessel are each liable to a civil penalty if:

  (a)   the operator or the owner of the aircraft or vessel has been given a direction under paragraph   213(1)(b) or (c) to arrange for destruction of the aircraft or vessel to be carried out; and

  (b)   the direction is not complied with.

Civil penalty:   300 penalty units.


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