Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 612

Providing sustenance for animals and plants

             (1)  This section provides for the Commonwealth to arrange for or require sustenance to be provided for an animal or plant if:

                     (a)  any of the following applies to the animal or plant:

                              (i)  the animal or plant is subject to biosecurity control;

                             (ii)  an exposed goods order or a biosecurity control order is in force in relation to the animal or plant;

                            (iii)  the animal or plant is in a biosecurity response zone, and biosecurity measures have been required in relation to the animal or plant under a power that is specified in the biosecurity response zone determination under paragraph 366(2)(c) (powers to require biosecurity measures to be taken) or (d) (other biosecurity measures); and

                     (b)  the animal or plant is in the possession or control of the Commonwealth or a biosecurity industry participant as referred to in subsection (2) or (4) of this section.

Providing sustenance by agreement

             (2)  The Commonwealth may enter into an agreement with another person for the person to provide sustenance, on the terms and conditions set out in the agreement, for the animal or plant for all or part of a period during which the animal or plant is in the possession or control of the Commonwealth.

             (3)  An agreement may be entered into under subsection (2) in relation to an animal or plant that is to be subject to biosecurity control before subparagraph (1)(a)(i) or paragraph (1)(b) begins to apply to the animal or plant.

Direction to provide sustenance

             (4)  The Director of Biosecurity may, by written notice, direct the owner of the animal or plant to provide sustenance for the animal or plant for all or a part of a period during which the animal or plant is in the possession or control of:

                     (a)  the Commonwealth; or

                     (b)  a biosecurity industry participant as authorised by an approved arrangement covering the biosecurity industry participant.

             (5)  A person who is given a direction under subsection (4) must comply with the direction.

Fault-based offence

             (6)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (4); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  50 penalty units.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          50 penalty units.



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