Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the power to affix a notice to, or as near as reasonably practicable to, goods or a conveyance under subsection 322(1) is specified in a biosecurity control order or a biosecurity response zone determination; and
(b) a notice has been affixed to, or as near as reasonably practicable to, goods or a conveyance under that subsection; and
(c) the notice was affixed in accordance with the biosecurity control order or the biosecurity response zone determination (as the case may be); and
(d) the person moves, deals with or interferes with the goods or conveyance; and
(e) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (d) in accordance with an approved arrangement;
(ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
(iii) the person has been given permission to engage in that conduct under section 557.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Note: The person may also contravene a civil penalty provision for moving, dealing with or interfering with the goods or conveyance (see subsection 323(1)).
(2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(d) under this Act or under another Australian law.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).