sec.28Defence of due diligence

### sec.28 Defence of due diligence 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; 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. (sec.28-ssec.1) 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. (sec.28-ssec.2) 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; 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. (sec.28-ssec.3) 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. (sec.28-ssec.4) This section is not intended to exclude the operation of the Criminal Code , section 24 . (sec.28-ssec.5) 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. - (a) the conduct alleged to constitute the offence was due to— (i) an act or default of another person; or (ii) reliance on information supplied by another person; and - (i) an act or default of another person; or - (ii) reliance on information supplied by another person; and - (b) the person made all reasonable enquiries about— (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and - (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and - (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and - (c) any of the following applied— (i) 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; (ii) 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 (iii) 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 - (i) 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; - (ii) 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 - (iii) 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 - (d) the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter. - (i) an act or default of another person; or - (ii) reliance on information supplied by another person; and - (i) whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and - (ii) any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and - (i) 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; - (ii) 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 - (iii) 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 - (a) 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 - (b) 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. - (a) an employee or agent of the defendant; - (b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.