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BIOSECURITY ACT 2015 - SECT 460

Application of offences during emergencies

             (1)  This section applies during a biosecurity emergency period if:

                     (a)  a power is exercised under Division 3 of Part 2 of Chapter 6 (biosecurity risk assessment powers) in relation to the declaration disease or pest; and

                     (b)  the power is not exercised in accordance with a biosecurity control order or a biosecurity response zone determination.

Note:          Normally, a person commits an offence for contravening a requirement of Division 3 of Part 2 of Chapter 6 only if the requirement is included in a biosecurity control order or a biosecurity response zone determination. As a result of this section, a person commits an offence for contravening such a requirement during a biosecurity emergency period even if there is no order or determination in force.

             (2)  Section 327 (contravention of direction) applies as if paragraphs 327(a), (b) and (c) were replaced with the following paragraph:

                    "(a)  during a biosecurity emergency period, the person is given a direction under any of the following provisions in relation to the declaration disease or pest:

                              (i)  subsection 317(1) or (2) (direction to secure goods or a conveyance);

                             (ii)  paragraph 318(2)(b) (direction to deliver samples of goods or premises);

                            (iii)  paragraph 321(1)(a) (direction relating to movement of goods or conveyance); and".

             (3)  Section 328 (contravention of requirement to answer questions etc.) applies as if paragraphs 328(a), (b) and (c) were replaced with the following paragraph:

                    "(a)  during a biosecurity emergency period, the person is required under subsection 319(1) to answer a question, or provide information in writing, in relation to the declaration disease or pest; and".

             (4)  Section 329 (contravention of requirement to produce documents) applies as if paragraphs 329(a), (b) and (c) were replaced with the following paragraph:

                    "(a)  during a biosecurity emergency period, the person is required under subsection 320(1) to produce documents in relation to the declaration disease or pest; and".

             (5)  Section 330 (unauthorised persons must not move etc. goods or conveyance to which notice has been affixed) applies as if paragraphs 330(1)(a), (b) and (c) were replaced with the following paragraph:

                    "(a)  during a biosecurity emergency period, a notice has been affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection 322(1) in relation to the declaration disease or pest; and".



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