Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) During a biosecurity emergency period, a person who is exercising powers or performing functions under a delegation made under section 453 or a subdelegation made under section 454 may affix a notice to, or as near as reasonably practicable to, goods or a conveyance:
(a) that is secured in accordance with a direction given under section 446; or
(b) that a person has been directed under section 446 not to move, deal with or interfere with; or
(c) in relation to which any other direction relating to movement has been given under section 446; or
(d) that has been moved under section 446.
(2) The notice must state:
(a) that a biosecurity emergency has been declared; and
(b) the nature of the power under section 446 that has been exercised in relation to the goods or conveyance; and
(c) the effect of subsections (3) to (5) of this section, and section 457.
(3) A person is liable to a civil penalty if:
(a) during a biosecurity emergency period, a notice is affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection (1); and
(b) during the biosecurity emergency period, the person interferes with, removes or defaces, the notice; and
(c) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (b) of this subsection 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 the Agriculture Minister or a biosecurity official;
(iii) the person has been given permission to engage in that conduct under subsection (4), or by a biosecurity officer under section 557.
Civil penalty: 120 penalty units.
(4) A person who is exercising powers or performing functions under a delegation made under section 453 or a subdelegation made under section 454 may, for the purposes of subparagraph (3)(c)(iii) of this section, give a person permission to engage in the conduct referred to in paragraph (3)(b).
(5) Subsection (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph (3)(b) under this Act or under another Australian law.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).