(1) A person who finds
or suspects that, in an area for which an organism is a declared pest, there
is the declared pest on or in a place, or that an organism or thing is
infected or infested with the declared pest, must report, in accordance with
subsection (2), the presence or suspected presence of the declared pest to the
Director General or an inspector.
Penalty:
(a) a
fine of $20 000; or
(b) if
the declared pest is a high impact organism, a fine of $100 000 and
imprisonment for 12 months.
(2) A report —
(a) may
be made orally or in writing; and
(b) must
indicate, as far as practicable, where the declared pest, or the infected or
infested organism or thing, was found, or the reasons for suspecting its
presence; and
(c) must
give any other relevant information within the person’s knowledge; and
(d) must
be made within the prescribed period or, if no period is prescribed, as soon
as practicable after finding the pest or suspecting its presence; and
(e) must
be made in accordance with the regulations (if any).
(3) A veterinarian,
analyst or other person is not excused from compliance with subsection (1) on
the grounds that he or she found or came to suspect the presence of the
declared pest on or in the place, or found or came to suspect that the
organism or thing was infected or infested, in the course of giving
professional or other advice, or providing professional or other services, to
the owner, occupier or other person in control of the place, organism or
thing.
(4) Subsection (3) has
effect whether the advice was sought or given, or the services were provided,
in relation to the place, organism or thing, or in relation to any other
matter.
[Section 26 amended: No. 19 of 2021 s. 227(5).]