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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 300 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 300 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 300 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 300 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 300 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:          120 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:          120 penalty units.



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