Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 428

  (1)   A biosecurity industry participant contravenes this subsection if:

  (a)   the biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; and

  (b)   the biosecurity industry participant:

  (i)   fails to carry out the biosecurity activities in accordance with the arrangement; or

  (ii)   fails to comply with any requirements specified in the arrangement; or

  (iii)   fails to comply with any conditions to which the arrangement is subject.

Note 1:   See section   427 in relation to when a biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant.

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

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.