Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 149

Civil penalty provision

  (1)   A person contravenes this subsection if:

  (a)   the person receives, or has in the person's possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and

  (b)   any of the following applies in relation to the goods:

  (i)   the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection   143(3), 144(3) or (4) or 147(3);

  (ii)   the goods were unloaded from the aircraft or vessel in contravention of subsection   145(1);

  (iii)   a condition imposed under subsection   146(3) or 148(3) in relation to the goods was contravened;

  (iv)   subsection   147(2) was contravened.

Civil penalty:   300 penalty units.

  (2)   Subsection   (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:

  (a)   the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection   143(3), 144(3) or (4) or 147(3); or

  (b)   the goods were unloaded from the aircraft or vessel in contravention of subsection   145(1); or

  (c)   a condition imposed under subsection   146(3) or 148(3) in relation to the goods was contravened; or

  (d)   subsection   147(2) was contravened;

as the case may be.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see section   96 of the Regulatory Powers Act).