Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 348

  (1)   A biosecurity officer may affix a notice to, or as near as reasonably practicable to, goods or premises in relation to which biosecurity measures have been required under:

  (a)   Division   2; or

  (b)   a regulation made for the purposes of section   346.

Note:   Premises include a conveyance (see paragraph   (a) of the definition of premises in section   9).

  (2)   The notice must state:

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

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

  (c)   that biosecurity measures have been required in relation to the goods or premises, in accordance with this Chapter, for the purpose of managing the biosecurity risk posed by the disease or pest; and

  (d)   the effect of subsections   (3) and (4) and section   351.

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 premises 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).