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BIOSECURITY ACT 2015 - SECT 323

Unauthorised persons must not move etc. goods or conveyance to which notice has been affixed

Civil penalty provision

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

                     (a)  a notice has been affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection 322(1); and

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

Civil penalty:          120 penalty units.

             (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 1:       A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2:       If a notice is affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection 322(1) in accordance with a biosecurity control order or a biosecurity response zone determination and the person contravenes subsection (1), the person may also commit an offence (see section 330).



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