Western Australian Current Acts

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BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 - SECT 26

26 .         Duty to report declared pest

        (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).]



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