New South Wales Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 32

Offence of failing to discharge biosecurity duty to notify presence of prohibited matter

32 Offence of failing to discharge biosecurity duty to notify presence of prohibited matter

(1) A person who fails to discharge the person's biosecurity duty under this Division is guilty of an offence.
(2) An offence against this section is a category 1 offence if the failure is intentional or reckless.
(3) In any other case, the offence is a category 2 offence.
(4) A category 1 offence against this section is a special executive liability offence.
(5) A category 2 offence against this section is an executive liability offence.
(6) 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 Division--
(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.



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