Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 552

Functions etc. relating to goods

  (1)   If:

  (a)   a biosecurity official or a human biosecurity official is performing functions or duties or exercising powers under this Act in relation to goods that are subject to biosecurity control; and

  (b)   the official is satisfied, on reasonable grounds, that a person in charge of the goods (the responsible person ), or an agent of that person, is able to provide reasonable assistance to the official, or to any other person who is performing functions or duties or exercising powers under this Act, in relation to the goods;

the official may direct the responsible person or the agent to provide that assistance.

Note:   See also section   572 (general provisions relating to directions).

Functions etc. relating to conveyances

  (2)   If:

  (a)   a biosecurity official or a human biosecurity official is performing functions or duties or exercising powers under this Act in relation to:

  (i)   a conveyance that is subject to biosecurity control; or

  (ii)   a person (the relevant person ) who, or thing that, is on such a conveyance; and

  (b)   the official is satisfied, on reasonable grounds, that the person in charge of the conveyance is able to provide reasonable assistance to the official, or to any other person who is performing functions or duties or exercising powers under this Act, in relation to the conveyance, the relevant person or the thing;

the official may direct the person in charge of the conveyance to provide that assistance.

  (3)   A person who is given a direction under subsection   (1) or (2) must comply with the direction.

Fault - based offence

  (4)   A person commits an offence if:

  (a)   the person is given a direction under subsection   (1) or (2); and

  (b)   the person engages in conduct; and

  (c)   the conduct contravenes the direction.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   (3).

Civil penalty:   30 penalty units.

Meaning of human biosecurity official

  (6)   In this section:

"human biosecurity official" means any of the following:

  (a)   a human biosecurity officer;

  (b)   a chief human biosecurity officer;

  (c)   the Director of Human Biosecurity.