Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 439

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

  (a)   the person produces a document to a biosecurity industry participant; and

  (b)   the person does so knowing that the document is false or misleading; and

  (c)   the document is produced in connection with biosecurity activities that are being, or are to be, carried out by the biosecurity industry participant in accordance with an approved arrangement covering the biosecurity industry participant.

Civil penalty:   600 penalty units.

  (2)   Subsection   (1) does not apply if the document is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).

  (3)   Subsection   (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

  (a)   stating that the document is, to the knowledge of the first - mentioned person, false or misleading in a material particular; and

  (b)   setting out, or referring to, the material particular in which the document is, to the knowledge of the first - mentioned person, false or misleading.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).