Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 188

Strict liability offence

  (1)   A person commits an offence of strict liability if:

  (a)   the person receives, or has in the person's possession, goods; and

  (b)   the goods are:

  (i)   prohibited goods; or

  (ii)   suspended goods.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Penalty:   60 penalty units.

Exception

  (2)   Subsection   (1) does not apply if:

  (a)   the goods were not brought or imported into Australian territory; or

  (b)   the goods were brought or imported into Australian territory but, at the time they were brought or imported into Australian territory, they were not:

  (i)   prohibited goods; or

  (ii)   suspended goods; or

  (c)   the goods are the progeny of other goods that were legally brought or imported into Australian territory.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code ).