Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 401

Unauthorised persons must not interfere with etc. notices or markings identifying biosecurity activity zone

Civil penalty provision

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

  (a)   a biosecurity officer has caused a biosecurity activity zone to be identified by:

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

  (ii)   marking the zone; and

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

  (c)   none of the following applies:

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


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