Offences

In force

(1)

A person must not—

(a)

issue, or purport to issue, a biosecurity certificate or purported biosecurity certificate that is false or misleading in a material particular; or

(b)

alter or amend a biosecurity certificate, or purported biosecurity certificate, so as to make the certificate false or misleading in a material particular.

Maximum penalty:

(a)

for a body corporate—$250 000;

(b)

for a natural person—$50 000.

(2)

A person must not falsely represent that a biosecurity certificate has been issued in respect of any matter.

Maximum penalty:

(a)

for a body corporate—$250 000;

(b)

for a natural person—$50 000.

(3)

A person must not issue, or purport to issue, a biosecurity certificate or purported biosecurity certificate unless the person is a biosecurity certifier authorised to do so under this Act or a corresponding law.

Maximum penalty:

(a)

for a body corporate—$250 000;

(b)

for a natural person—$50 000.

(4)

A person must not alter or amend a biosecurity certificate or purported biosecurity certificate unless—

(a)

the person is a biosecurity certifier authorised to do so under this Act or a corresponding law; or

(b)

the alteration or amendment—

(i)

relates to the splitting of a consignment to which the biosecurity certificate relates; and

(ii)

the person is authorised in writing to make the alteration or amendment by a biosecurity certifier authorised to split consignments under this Act or a corresponding law.

Maximum penalty:

(a)

for a body corporate—$250 000;

(b)

for a natural person—$50 000

(5)

A person must not, in connection with obtaining or the issue of a biosecurity certificate, furnish any information or material that the person knows to be false or misleading in a material particular.

Maximum penalty: $25 000.

(6)

Without limiting a preceding subsection, a person who—

(a)

without reasonable excuse hinders or obstructs a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act; or

(b)

removes, damages or interferes with any notice, sign, identification mark, label, tape, seal, lock or other device used for the purposes of this Act; or

(c)

fails to answer a question put by a biosecurity certifier to the best of the person's knowledge, information or belief; or

(d)

provides an answer to a question put by a biosecurity certifier that the person knows to be false or misleading in a material particular; or

(e)

produces a document or record that the person knows to be false or misleading in a material particular; or

(f)

fails without reasonable excuse to comply with a requirement or direction of a biosecurity certifier in the performance of a function or the exercise of a power under this Act; or

(g)

uses abusive, threatening or insulting language to a biosecurity certifier, or a person assisting a biosecurity certifier, in the performance of a function or the exercise of a power under this Act;

(h)

falsely represents, by words or conduct, that the person is a biosecurity certifier, is guilty of an offence.

Maximum penalty: $25 000.

(7)

For the purposes of this section, a certificate is false or misleading in a material particular if it—

(a)

includes information that is false or misleading in a material particular; or

(b)

omits material information.

(8)

In this section—

biosecurity certifier includes an identified individual with respect to the issuing of biosecurity certificates by a biosecurity certifier.

This Act’s bill:Second reading speech

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131 Offences