Commonwealth Consolidated Acts

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Unauthorised persons must not interfere with etc. equipment etc. set up in permanent biosecurity monitoring zone

Civil penalty provision

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

                     (a)  a biosecurity officer has set a trap or has set up equipment or another structure in a permanent biosecurity monitoring zone; and

                     (b)  the person interferes with, removes or defaces the trap, equipment or other structure; 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 that subsection 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).

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