Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 391

Civil penalty provision

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

  (a)   the power referred to in paragraph   386(1)(a) (identification of a temporary biosecurity monitoring zone) is specified in the temporary biosecurity monitoring zone determination; and

  (b)   a biosecurity officer has, in accordance with the temporary biosecurity monitoring zone determination, caused the zone to be identified by:

  (i)   affixing a notice to an appropriate place in the zone; or

  (ii)   marking the zone; and

  (c)   the person interferes with, removes or defaces the notice or marking; and

  (d)   none of the following applies:

  (i)   the person is authorised to engage in the conduct referred to in paragraph   (c) 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)(c) 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).