Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 441

Protection from civil proceedings

Protection for Commonwealth and biosecurity industry participants

             (1)  No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant (the first person ), in relation to anything done, or omitted to be done, in good faith:

                     (a)  by the first person:

                              (i)  in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the first person; or

                             (ii)  in complying with a direction given by a biosecurity officer under subsection 429(1); or

                     (b)  by another person in providing, or purporting to provide, assistance to the first person in carrying out biosecurity activities, or in complying with a direction, as referred to in paragraph (a).

             (2)  No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant, in relation to anything done by an animal used by the person:

                     (a)  in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the person; or

                     (b)  in complying with a direction given by a biosecurity officer under subsection 429(1).

Protection for persons assisting biosecurity industry participants

             (3)  No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance to a biosecurity industry participant:

                     (a)  in carrying out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; or

                     (b)  in complying with a direction given by a biosecurity officer under subsection 429(1).

             (4)  This section is subject to the following provisions:

                     (a)  section 27 (acquisition of property);

                     (b)  section 307 (undue detention or delay of vessel);

                     (c)  section 326 (damage to electronic equipment).



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