Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) the operator of an aircraft or vessel gives a report in relation to the aircraft or vessel under subsection 193(1) or (1A); and
(b) the person in charge or the operator of the aircraft or vessel becomes aware that the information included in the report was incomplete or incorrect;
the operator must as soon as practicable give a biosecurity officer the additional or corrected information.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Note 2: The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the person in charge or the operator of the aircraft or vessel becomes aware that the information included in a report given under section 193 was incomplete or incorrect (see subsection (5) of this section).
(1A) The regulations may:
(a) prescribe the circumstances in which the operator of an aircraft or vessel, that has given a report in relation to the aircraft or vessel under subsection 193(1) or (1A), must give a biosecurity officer further information in relation to that report; and
(b) prescribe the kind of further information that the operator is required to give a biosecurity officer; and
(c) prescribe when the operator must give that further information to a biosecurity officer.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
Note 2: The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the operator of the aircraft or vessel is required to give the further information (see subsection (5)).
Failure to give information
(2) A person contravenes this subsection if:
(a) the person is required to give information to a biosecurity officer under subsection (1); and
(b) the person does not give the information to a biosecurity officer as required by that subsection.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
(2A) A person contravenes this subsection if:
(a) the person is required to give information under regulations made for the purposes of subsection (1A); and
(b) the person does not give the information to a biosecurity officer as required by those regulations.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (2) or (2A).
Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.
(4) A person is liable to a civil penalty if the person contravenes subsection (2) or (2A).
Civil penalty: 1,000 penalty units.
Application to persons within and outside Australian territory
(5) Subsections (2), (2A), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.
Note: This section is not subject to the privilege against self - incrimination (see section 635).