New South Wales Consolidated Acts

BIOSECURITY ACT 2015 - SECT 285

285 Matters to be considered in imposing penalty

(1) In imposing a penalty on a person for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant)--

(a) the extent to which a biosecurity impact was caused or likely to be caused, or a biosecurity risk increased, by the commission of the offence,

(b) the extent to which the person could reasonably have foreseen the biosecurity impact or biosecurity risk caused or likely to be caused by the commission of the offence,

(c) the reasonably practicable measures that may have been taken to prevent, eliminate or minimise that biosecurity impact or biosecurity risk,

(d) the extent to which the person had control over the causes that gave rise to the offence,

(e) the person's intentions in committing the offence,

(f) whether, in committing the offence, the person was complying with orders from an employer or supervising employee.

(2) For the purposes of, but without limiting, section 21A of the Crimes (Sentencing Procedure) Act 1999 , the following aggravating factors are to be taken into account in determining the appropriate sentence for an offence against this Act or the regulations (so far as they are relevant)--

(a) that the conduct was a contravention of an emergency order or a biosecurity direction given in the case of an emergency,

(b) that the offence caused or had the potential to cause a significant biosecurity impact.

(3) The court may take into consideration other matters that it considers relevant.