New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 24

24 Mandatory measures

(1) The regulations may require persons who deal with biosecurity matter or carriers to take specified actions to prevent, eliminate or minimise a biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing. Those requirements are
"mandatory measures" .

(2) The mandatory measures may apply in relation to all or any specified class of persons, dealings, biosecurity matter or carriers.

(3) A person who deals with biosecurity matter or a carrier and who contravenes any mandatory measures that are applicable to the biosecurity matter, carrier or dealing is taken to have failed to ensure that, so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing is prevented, eliminated or minimised.

Note : Accordingly, the person could be charged with an offence under section 23 in respect of that failure.

(4) The mandatory measures may be specified to be minimum mandatory measures, in which case compliance with those measures does not, of itself, demonstrate that a person ensured that, so far as is reasonably practicable, the biosecurity risk posed or likely to be posed by the biosecurity matter, carrier or dealing was prevented, eliminated or minimised.

(5) In this section,
"actions" include--

(a) refraining from doing a thing, and

(b) adopting any procedures or programs.