Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 317

Direction to secure goods or conveyance

Goods

  (1)   A biosecurity officer may direct a person in charge of goods to secure the goods in a manner specified by the biosecurity officer.

Note:   The biosecurity officer may give more than one direction relating to the goods (see subsection   33(1) of the Acts Interpretation Act 1901 ).

Conveyance

  (2)   A biosecurity officer may direct a person in charge of a conveyance to secure the conveyance in a manner, and for a period (which must not exceed 48 hours), specified by the biosecurity officer.

Note:   The biosecurity officer may give more than one direction relating to the conveyance (see subsection   33(1) of the Acts Interpretation Act 1901 ).

Civil penalty provision

  (3)   A person who is given a direction under subsection   (1) or (2) must comply with the direction.

Civil penalty:   120 penalty units.

Note 1:   If a person is given a direction under subsection   (1) or (2) in accordance with a biosecurity control order or a biosecurity response zone determination and the person fails to comply with the direction, the person may also commit an offence (see section   327).

Note 2:   If judicial review is sought in relation to a direction given under subsection   (1) or (2), the direction remains in force unless a court finally determines the validity of the decision to give the direction (see section   538).

Note 3:   See also section   572 (general provisions relating to directions).



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