Biosecurity Act 2014

In a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.

Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that—

the conduct alleged to constitute the offence was due to—

an act or default of another person; or

reliance on information supplied by another person; and

the person made all reasonable enquiries about—

whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and

any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and

any of the following applied—

the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;

if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person;Example—checks carried out by a veterinary surgeon

it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and

the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.

Also, without limiting the ways in which a person proves the matter stated in subsection (1) or (2)(c)(i), a person proves the matter if the person proves that—

if a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or

if a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.

This section is not intended to exclude the operation of the Criminal Code, section 24.

In subsection (2)(a) and (c)—another person does not include a following person—

an employee or agent of the defendant;

in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.