Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 322

  (1)   A biosecurity officer may affix a notice to, or as near as reasonably practicable to:

  (a)   goods or a conveyance that have been secured in accordance with a direction given under subsection   317(1) or (2); or

  (b)   goods or a conveyance in relation to which a direction relating to movement has been given under paragraph   321(1)(a); or

  (c)   goods or a conveyance that have been moved under paragraph   321(1)(b).

  (2)   The notice must state:

  (a)   that a disease or pest may be present in or on the goods or conveyance; and

  (b)   that the disease or pest may pose an unacceptable level of biosecurity risk; and

  (c)   that the goods or conveyance have been secured or moved (as the case may be), in accordance with this Chapter, to enable a biosecurity officer to exercise powers under this Chapter; and

  (d)   the effect of subsections   (3) and (4) and sections   323 and 330.

Civil penalty provision

  (3)   A person is liable to a civil penalty if:

  (a)   a notice is affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection   (1); and

  (b)   the person interferes with, removes or defaces the notice; 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.

Civil penalty:   120 penalty units.

  (4)   Subsection   (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph   (3)(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 section   96 of the Regulatory Powers Act).