Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 457

Moving or interfering with goods or conveyance

             (1)  A person contravenes this subsection if:

                     (a)  during a biosecurity emergency period, a notice has been affixed to or near goods or a conveyance under subsection 456(1); and

                     (b)  during the biosecurity emergency period, the person moves, deals with or interferes with the goods or conveyance; and

                     (c)  none of the following applies:

                              (i)  the person is authorised to engage in the conduct referred to in paragraph (b) of this subsection 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 the Agriculture Minister or a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under subsection (2), or by a biosecurity officer under section 557.

Note:          The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).

             (2)  A person who is exercising powers or performing functions under a delegation made under section 453 or a subdelegation made under section 454 may, for the purposes of subparagraph (1)(c)(iii) of this section, give a person permission to engage in the conduct referred to in paragraph (1)(b).

Fault-based offence

             (3)  A person commits an offence if the person contravenes subsection (1).

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

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          120 penalty units.

Exception

             (5)  Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(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 subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).



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