Failure to comply with general biosecurity duty
41 Failure to comply with general biosecurity duty
A person must not cause a significant biosecurity impact by knowingly, or recklessly, failing to comply with the general biosecurity duty in respect of biosecurity matter, a carrier or a dealing.
Maximum penalty:
for a body corporate—$500 000;
for a natural person—$100 000.
In determining what is a significant biosecurity impact for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this
Act, and to—
the potential impact of a failure to comply with the duty; and
the economic, environmental, community or practicable implications; and
the extent of any risk to public safety; and
the nature, extent and duration of any biosecurity impact; and
any relevant standard, code, guideline, program or other specification;
and
any matter prescribed by the regulations.
A person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier.
Maximum penalty:
for a body corporate—$250 000;
for a natural person—$50 000.
If, in proceedings for an offence against subsection (1) in respect of a person, the court determining the proceedings is not satisfied that the person is guilty of that offence but is satisfied that the person has committed an offence against subsection (3), the court may find the person guilty of an offence under subsection (3).
A person who commits an offence under this section because of failing to comply with the general biosecurity duty—
continues, until the duty is discharged, to be required to discharge the duty;
and
is guilty of a continuing offence (of the relevant kind) for each day that the failure continues.
This Act’s bill:Second reading speech
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