Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 432

Costs of dealing with biosecurity incidents

             (1)  If a relevant court is satisfied that:

                     (a)  a person, who is or was a biosecurity industry participant covered by an approved arrangement, failed to carry out biosecurity activities in accordance with the arrangement or failed to comply with a condition or other requirement of the arrangement (other than to the extent necessary to comply with a direction given under subsection 429(1)); and

                     (b)  an incident (a biosecurity incident ) occurred in relation to the operation of the approved arrangement; and

                     (c)  the biosecurity incident was caused by the failure referred to in paragraph (a); and

                     (d)  the Commonwealth incurred costs in dealing with the biosecurity incident;

the court may, on application by the relevant Director, make an order (a costs order ) requiring the person to pay to the Commonwealth the whole, or a part, of the costs incurred by the Commonwealth.

             (2)  An application by the relevant Director for a costs order in relation to a biosecurity incident must be made within 6 years after the biosecurity incident occurred.

             (3)  In deciding whether to make a costs order in relation to a biosecurity incident, the relevant court may have regard to the following matters:

                     (a)  the nature and extent of the failure referred to in paragraph (1)(a);

                     (b)  the circumstances in which the biosecurity incident occurred;

                     (c)  the nature and extent of any damage caused by the failure referred to in paragraph (1)(a);

                     (d)  the level of biosecurity risk associated with the biosecurity incident;

                     (e)  the amount of the costs incurred by the Commonwealth in dealing with the biosecurity incident;

                      (f)  whether a costs order under this section has previously been made against the person in relation to any other biosecurity incident;

                     (g)  any other matter the court considers relevant.



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