Power to obtain extra information relating to goods covered by a notice under section 120
122 Power to obtain extra information relating to goods covered by a notice under section 120
A biosecurity officer may exercise the powers under subsections (2), (3) and (4) for the purpose of assessing the level of biosecurity risk associated with goods that are the subject of a notice under section 120 (notice of goods to be unloaded in Australian territory) but have not become subject to biosecurity control.
Power to require information or answers to questions
A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the goods to answer questions, or provide information in writing, in relation to the goods.
A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).
Power to require production of documents
A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the goods to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.
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).
Power to deal with documents
A biosecurity officer:
may make copies of, or take extracts from, a document produced under subsection (3); and
for that purpose, may remove the document from the place at which it was produced.
Complying with requirements
A person contravenes this subsection if:
the person is required:
to answer questions or give information to a biosecurity officer under subsection (2); or
to produce documents to a biosecurity officer under subsection (3); and
the person does not comply with the requirement.
The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).
The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).
Fault‑based offence
A person commits an offence if the person contravenes subsection (5).
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 (5).
Civil penalty: 300 penalty units.
Application to persons within and outside Australian territory
Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the person is required to answer the questions, give the information or produce the documents.
This section is not subject to the privilege against self‑incrimination (see section 635).
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