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BIOSECURITY ACT 2015 - SECT 450

Asking questions relating to biosecurity emergencies

  (1)   During a biosecurity emergency period, the Agriculture Minister may require a person who the Minister suspects, on reasonable grounds, has information relevant to the biosecurity emergency to answer questions, or provide information in writing, in relation to the biosecurity emergency.

Note 1:   This power may be delegated and subdelegated (see sections   453 and 454).

Note 2:   A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section   137.1 of the Criminal Code and section   532 of this Act).

  (2)   A requirement imposed on a person under subsection   (1) during a biosecurity emergency period continues to have effect, whether or not the period has ended, until:

  (a)   the person complies with the requirement; or

  (b)   the Agriculture Minister or a biosecurity officer informs the person that the answer or information is no longer required.

Fault - based offence

  (3)   A person commits an offence if:

  (a)   the person is required to answer questions, or provide information in writing, under subsection   (1); and

  (b)   the person fails to comply with the requirement.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

  (4)   A person who is required to answer questions, or provide information in writing, under subsection   (1) must comply with the requirement.

Civil penalty:   120 penalty units.

Note:   This section is not subject to the privilege against self - incrimination (see section   635).


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