Biosecurity Act 2015

A person is liable to a civil penalty if:

the power referred to in paragraph 386(1)(c) (setting traps or setting up equipment or other structures in a temporary biosecurity monitoring zone) is specified in the temporary biosecurity monitoring zone determination; and

a biosecurity officer has, in accordance with the temporary biosecurity monitoring zone determination, set a trap or set up equipment or another structure in the zone; and

the person interferes with, removes or defaces the trap, equipment or other structure (as the case may be); and

none of the following applies:

the person is authorised to engage in the conduct referred to in paragraph (c) 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.

Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(c) under this Act or under another Australian law.

A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).