Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 607

Moving or interfering with detained conveyance

             (1)  A person is liable to a civil penalty if:

                     (a)  a direction has been given in relation to a conveyance under subsection 606(4); and

                     (b)  the person moves, deals with or interferes with the 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 a biosecurity official;

                            (iii)  the person has been given permission to engage in that conduct under section 557.

Civil penalty:          120 penalty units.

             (2)  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 section 96 of the Regulatory Powers Act).



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