Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 441

Protection from civil proceedings

Protection for Commonwealth and biosecurity industry participants

  (1)   No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant (the first person ), in relation to anything done, or omitted to be done, in good faith:

  (a)   by the first person:

  (i)   in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the first person; or

  (ii)   in complying with a direction given by a biosecurity officer under subsection   429(1); or

  (b)   by another person in providing, or purporting to provide, assistance to the first person in carrying out biosecurity activities, or in complying with a direction, as referred to in paragraph   (a).

  (2)   No civil proceeding lies against the Commonwealth, or a person who is or was a biosecurity industry participant, in relation to anything done by an animal used by the person:

  (a)   in carrying out biosecurity activities as a biosecurity industry participant in accordance with an approved arrangement covering the person; or

  (b)   in complying with a direction given by a biosecurity officer under subsection   429(1).

Protection for persons assisting biosecurity industry participants

  (3)   No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance to a biosecurity industry participant:

  (a)   in carrying out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; or

  (b)   in complying with a direction given by a biosecurity officer under subsection   429(1).

  (4)   This section is subject to the following provisions:

  (a)   section   27 (acquisition of property);

  (b)   section   307 (undue detention or delay of vessel);

  (c)   section   326 (damage to electronic equipment).


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