Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 216

Unauthorised persons must not move etc. conveyance in relation to which biosecurity measures have been required

             (1)  A person contravenes this subsection if:

                     (a)  a notice has been affixed to, or as near as reasonably practicable to, a conveyance under subsection 214(1); and

                     (b)  the person moves, deals with or interferes with the conveyance; 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.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(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 subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault-based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.



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