New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 23

23 Offence of failing to discharge biosecurity duty

(1) A person who fails to discharge the person's biosecurity duty under this Part is guilty of an offence.

(2) An offence against this section is a category 1 offence if--

(a) the failure is intentional or reckless, and

(b) the failure caused, or was likely to cause, a significant biosecurity impact.

(3) In any other case, the offence is a category 2 offence.

(4) An offence against this section is an executive liability offence.

(5) A person who is guilty of a category 1 offence or category 2 offence against this section because the person fails to discharge the person's biosecurity duty under this Part--

(a) continues, until the duty is discharged, to be required to discharge that duty, and

(b) is guilty of a continuing offence (of the same category) for each day the failure continues.