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BIOSECURITY ACT 2015 - SECT 451

Requiring documents relating to biosecurity emergencies

  (1)   During a biosecurity emergency, the Agriculture Minister may require a person who the Minister suspects, on reasonable grounds, has the custody or control of documents relating to the biosecurity emergency to produce to the Minister such of those documents as are specified by the Minister.

Note 1:   This power may be delegated and subdelegated (see sections   453 and 454).

Note 2:   A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section   137.2 of the Criminal Code and section   533 of this Act).

  (2)   The Agriculture Minister or a biosecurity officer:

  (a)   may make copies of, or take extracts from, a document produced under subsection   (1); and

  (b)   for that purpose, may remove the document from the place at which it was produced.

  (3)   A requirement imposed on a person under subsection   (1) during a biosecurity emergency period continues to have effect, whether or not the period has ended, until:

  (a)   the person complies with the requirement; or

  (b)   the Agriculture Minister or a biosecurity officer informs the person that the specified documents are no longer required.

Fault - based offence

  (4)   A person commits an offence if:

  (a)   the person is required to produce documents under subsection   (1); and

  (b)   the person fails to comply with the requirement.

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

  (5)   A person who is required to produce documents under subsection   (1) must comply with the requirement.

Civil penalty:   120 penalty units.

Note:   This section is not subject to the privilege against self - incrimination (see section   635).



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