AustLII Tasmanian Numbered Acts

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BIOSECURITY ACT 2019 (NO. 22 OF 2019) - SECT 73

Division 2 - Notification of biosecurity events Notification of biosecurity event

(1)  Each of the following persons must notify an authorised officer of the occurrence of, or likely occurrence of, a biosecurity event as soon as practicable after the person becomes aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event:
(a) the owner, occupier or person in charge of, or who has the care, custody or control of, premises on which, or in relation to which, the biosecurity event has occurred, is occurring or is about to occur;
(b) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any inspection, analysis, consultation, communication, transaction or other activity undertaken by the person in a professional capacity;
(c) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any dealing with biosecurity matter, or a carrier, undertaken by the person;
(d) a prescribed person, or prescribed class of persons, in prescribed circumstances.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 3 750 penalty units; or
(b) an individual, a fine not exceeding 750 penalty units or a term of imprisonment not exceeding 24 months, or both.
(2)  A notification under subsection (1) must be in accordance with this Act.
(3)  The regulations may prescribe the following:
(a) the form, content and manner of a notification to be made in respect of a biosecurity event;
(b) the procedure for requesting or providing further information in respect of a biosecurity event;
(c) other matters or procedures in relation to a biosecurity event generally or a class of biosecurity events.
(4)  In any proceedings for an offence under this section in respect of a biosecurity event, evidence that a reasonable person with the capacity, and in the circumstances, of the defendant ought to have known of, or suspected, the occurrence or likely occurrence of the biosecurity event is evidence, unless the contrary is proven, that the defendant held such knowledge or suspicion.
(5)  It is a defence to proceedings for an offence under this section if the defendant establishes that he or she did not notify an authorised officer in respect of a biosecurity event, as required under this section, because the defendant had reasonable grounds to believe that the biosecurity event was widely and publicly known at the time the defendant allegedly committed the offence.
(6)  Notification of a biosecurity event given by a person under this section is not admissible in evidence against that person in any criminal proceedings, or other proceedings for the imposition of a penalty, other than proceedings for –
(a) an offence under this section; or
(b) an offence under this Act that involves furnishing false or misleading information or failing to furnish material information; or
(c) an offence relating to resisting or obstructing an authorised officer under this Act; or
(d) an offence relating to assaulting, abusing or threatening an authorised officer under this Act.


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