New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 280

280 Maximum penalty for category 2 offence

(1) The maximum penalty for a category 2 offence is, subject to subsection (2)--

(a) in the case of an individual--$220,000 and, in the case of a continuing offence, a further penalty of $55,000 for each day the offence continues, or

(b) in the case of a corporation--$440,000 and, in the case of a continuing offence, a further penalty of $110,000 for each day the offence continues.

(2) The maximum penalty for a category 2 offence that is committed negligently is--

(a) in the case of an individual--$1,100,000 and, in the case of a continuing offence, a further penalty of $137,500 for each day the offence continues, or

(b) in the case of a corporation--$2,200,000 and, in the case of a continuing offence, a further penalty of $275,000 for each day the offence continues.

(3) An offence is
"committed negligently" if the court that finds the person guilty of the offence is satisfied (to the criminal standard of proof) that the person committed the offence negligently.

(4) A court cannot impose a penalty for an offence on the basis of subsection (2) unless the process by which the proceedings are commenced specifies that the offence is alleged to have been committed negligently and the factors that were alleged to constitute negligence.