Conditions requiring financial assurances
66 Conditions requiring financial assurances
In this section—
secured event, in relation to a registered entity's biosecurity registration, includes the following events:
the registered entity contravening a condition on the biosecurity registration, other than a condition referred to in subsection (2);
the registered entity placing any biosecurity matter, that the biosecurity registration authorises the registered entity to deal with, in the care of the Chief Executive;
the registered entity engaging in conduct that the registered entity is not, or is no longer, authorised to engage in under the biosecurity registration;
the registered entity being unable, for any reason, to continue to engage in the regulated dealing authorised to be engaged in under the biosecurity registration.
A condition imposed on a registered entity's biosecurity registration may require the registered entity—
to provide financial assurance to secure, or guarantee, funding for or towards the doing of anything required as a result of a secured event; and
to provide evidence of such financial assurance before the relevant
Chief Officer grants, renews, varies, suspends or cancels the biosecurity registration.
A condition imposing a financial assurance may specify the assurance to be in 1 or more of the following forms:
a bank guarantee;
a bond;
a prescribed form;
any other form that is approved by the relevant Chief Officer.
A financial assurance—
may be claimed and realised, despite and without affecting—
any liability of the registered entity for a penalty in respect of an offence that may have occurred as a result of the contravention to which the assurance relates; and
any other action that may be taken, or is required to be taken, in relation to any contravention or other circumstances to which the assurance relates; and
if it is claimed and realised, is in addition to, and does not prevent the imposition of, a penalty imposed for the contravention of this
Act, or a condition of the biosecurity registration, in respect of the contravention to which it relates.
Unless otherwise specified in this Act or the regulations, a condition imposed under this section may make provision for the following matters:
the method of calculating the amount of the financial assurance required;
the circumstances in which all, or any part, of the financial assistance may be claimed, or realised, and the procedure for claiming or realising the financial assurance;
the actions that may be taken following a secured event, including—
the circumstances when those actions may be taken by, or on behalf of, a relevant Chief Officer; and
the circumstances when the relevant Chief Officer, or a person authorised by the relevant Chief Officer, may enter land to take those actions;
the provision of information in specified circumstances;
the audit of actions that may result in the financial assurance being claimed or realised;
the administrative requirements in relation to the financial assurance;
the release of the financial assurance.
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