Unauthorised persons must not move etc. goods to which notice has been affixed
141 Unauthorised persons must not move etc. goods to which notice has been affixed
A person contravenes this subsection if:
a notice has been affixed to, or as near as reasonably practicable to, goods under subsection 139(1); and
the person moves, deals with or interferes with the goods; and
none of the following applies:
the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;
the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
the person has been given permission to engage in that conduct under section 557.
The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under this Act or under another Australian law.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 300 penalty units.
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