Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 185

  (1)   A person contravenes this subsection if:

  (a)   the person brings or imports goods into Australian territory; and

  (b)   the goods are:

  (i)   prohibited goods; or

  (ii)   suspended goods.

Note:   The physical elements of an offence against subsections   (2) and (2A) are set out in this subsection   (see section   534).

Basic fault - based offence

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

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

Strict liability offence

  (2A)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   60 penalty units.

Civil penalty provision

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

Civil penalty:   1,000 penalty units.

Fault - based offence involving obtaining commercial advantage

  (4)   A person commits an offence if:

  (a)   the person brings or imports goods into Australian territory; and

  (b)   the goods are:

  (i)   prohibited goods; or

  (ii)   suspended goods; and

  (c)   as a result of bringing or importing the goods into Australian territory, the person obtains, or may obtain, a commercial advantage over the person's competitors or potential competitors.

Penalty:   Imprisonment for 10 years or 5,000 penalty units, or both.

Fault - based offence involving harm to the environment or economic consequences

  (5)   A person commits an offence if:

  (a)   the person brings or imports goods into Australian territory; and

  (b)   the goods are:

  (i)   prohibited goods; or

  (ii)   suspended goods; and

  (c)   the bringing or importation of the goods into Australian territory:

  (i)   has caused, or has the potential to cause, harm to the environment; or

  (ii)   has had, or has the potential to have, economic consequences.

Penalty:   Imprisonment for 10 years or 2,000 penalty units, or both.

Alternative verdict

  (6)   In a trial for an offence against subsection   (4) or (5), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection   (2) if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   (4) or (5); and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   (2); and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.