Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information
121 Notice of goods to be unloaded in Australian territory—requirement to give additional or corrected information
If:
a person gives a notice in relation to goods under section 120; and
after giving the notice, the person becomes aware that the information included in the notice was incomplete or incorrect;
the person must as soon as practicable give a biosecurity officer the additional or corrected information, to the extent that it is relevant to assessing the level of biosecurity risk associated with the goods.
A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 532 and 533 of this Act).
The obligation in this subsection applies whether or not the person is in Australian territory when the person becomes aware that the information included in a notice given under section 120 was incomplete or incorrect (see subsection (5) of this section).
See also Division 8 which deals with reporting biosecurity incidents.
A person contravenes this subsection if:
the person is required to give information to a biosecurity officer under subsection (1); and
the person does not give the information to a biosecurity officer as required by that subsection.
The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
Fault‑based offence
A person commits an offence if the person contravenes subsection (2).
Penalty: Imprisonment for 2 years or 300 penalty units, or both.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (2).
Civil penalty: 300 penalty units.
Application to persons within and outside Australian territory
Subsections (2), (3) and (4) apply whether or not the person is in Australian territory when the person is required to give the information.
This section is not subject to the privilege against self‑incrimination (see section 635).
This Act’s bill:Explanatory memorandumSecond reading speech
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