Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a relevant court is satisfied that:
(a) a person, who is or was a biosecurity industry participant covered by an approved arrangement, failed to carry out biosecurity activities in accordance with the arrangement or failed to comply with a condition or other requirement of the arrangement (other than to the extent necessary to comply with a direction given under subsection 429(1)); and
(b) an incident (a biosecurity incident ) occurred in relation to the operation of the approved arrangement; and
(c) the biosecurity incident was caused by the failure referred to in paragraph (a); and
(d) the Commonwealth incurred costs in dealing with the biosecurity incident;
the court may, on application by the relevant Director, make an order (a costs order ) requiring the person to pay to the Commonwealth the whole, or a part, of the costs incurred by the Commonwealth.
(2) An application by the relevant Director for a costs order in relation to a biosecurity incident must be made within 6 years after the biosecurity incident occurred.
(3) In deciding whether to make a costs order in relation to a biosecurity incident, the relevant court may have regard to the following matters:
(a) the nature and extent of the failure referred to in paragraph (1)(a);
(b) the circumstances in which the biosecurity incident occurred;
(c) the nature and extent of any damage caused by the failure referred to in paragraph (1)(a);
(d) the level of biosecurity risk associated with the biosecurity incident;
(e) the amount of the costs incurred by the Commonwealth in dealing with the biosecurity incident;
(f) whether a costs order under this section has previously been made against the person in relation to any other biosecurity incident;
(g) any other matter the court considers relevant.