Alternative verdicts for offences
37 Alternative verdicts for offences
This section applies if, in a prosecution for a relevant offence, the trier of fact—
is not satisfied beyond reasonable doubt that the defendant is guilty of the relevant offence; but
is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
In this section:
alternative offence, for a relevant offence, means an offence mentioned in table 37, column 3, for the offence.
relevant offence means an offence mentioned in table 37, column 2.
Table 37 Alternative verdicts for offences—pt 2 column 1 item column 2 relevant offence column 3 alternative offence
1 s 24 (3) (intentionally/negligently fail to comply with general biosecurity duty, cause significant biosecurity impact) s 24 (1) (intentionally fail to comply with general biosecurity duty) s 24 (2) (negligently fail to comply with general biosecurity duty)
2 s 27 (2) (intentionally/negligently fail to notify biosecurity event) s 27 (1) (fail to notify biosecurity event)
3 s 31 (2) (intentionally/negligently fail to notify presence of notifiable biosecurity matter) s 31 (1) (fail to notify presence of notifiable biosecurity matter)
4 s 34 (1) (deal with prohibited biosecurity matter) s 73 (2) (intentionally/negligently fail to comply with permit condition) s 73 (1) (fail to comply with permit condition)
5 s 34 (2) (intentionally/negligently deal with prohibited biosecurity matter) s 34 (1) (deal with prohibited biosecurity matter) s 73 (2) (intentionally/negligently fail to comply with permit condition) s 73 (1) (fail to comply with permit condition)
6 s 36 (1) (engage in prohibited dealing) s 73 (2) (intentionally/negligently fail to comply with permit condition) s 73 (1) (fail to comply with permit condition)
7 s 36 (2) (intentionally/negligently engage in prohibited dealing) s 36 (1) (engage in prohibited dealing) s 73 (2) (intentionally/negligently fail to comply with permit condition) s 73 (1) (fail to comply with permit condition)
This Act’s bill:Explanatory statementSecond reading speech
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