Persons on incoming aircraft or vessel may be required to provide information or travel documents to assess biosecurity risk
196 Persons on incoming aircraft or vessel may be required to provide information or travel documents to assess biosecurity risk
This section applies in relation to persons who:
intend to enter, or enter, Australian territory on an incoming aircraft or vessel; and
are included in a prescribed class of persons.
The Director of Biosecurity may require any person covered by subsection (1), or each person included in a class of persons covered by subsection (1), to provide information (including by answering questions) for the purpose of assessing the level of biosecurity risk associated with the person and any goods that the person has with him or her.
This section is not subject to the privilege against self‑incrimination (see section 635).
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).
The information required under subsection (2) must be provided in the manner approved by the Director of Biosecurity.
Production and scanning of travel documents
The Director of Biosecurity may do the following:
require any person covered by subsection (1), or each person included in a class of persons covered by subsection (1), to produce a document covered by subsection (3B) to the Director for either or both of the following purposes:
assessing the level of biosecurity risk associated with the person and any goods that the person has with the person;
the future profiling, or future assessment, of biosecurity risks;
scan any document so produced for either or both of those purposes;
collect and retain personal information obtained as part of that production or scanning for either or both of those purposes.
This section is not subject to the privilege against self‑incrimination (see section 635).
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).
For the purposes of paragraph (3A)(a), the documents covered by this subsection are the following:
the person’s Australian travel document (within the meaning of the Australian Passports Act 2005);
a passport, or other travel document, issued to the person by or on behalf of the government of a foreign country.
Civil penalty provisions
A person who is required to provide information under subsection (2) must comply with the requirement.
Civil penalty: 120 penalty units.
A person who is required to produce a document under paragraph (3A)(a) must comply with the requirement.
Civil penalty: 120 penalty units.
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