sec.36Reporting presence of prohibited matter

### sec.36 Reporting presence of prohibited matter This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter— at a place of which the person is an occupier; or in the person’s possession or under the person’s control; or in or on a carrier at a place of which the person is an occupier; or in or on a carrier in the person’s possession or under the person’s control. If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. However, the person is not required to advise an inspector under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth. Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person. A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made. The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter. Maximum penalty—1,500 penalty units or 1 year’s imprisonment. (sec.36-ssec.1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter— at a place of which the person is an occupier; or in the person’s possession or under the person’s control; or in or on a carrier at a place of which the person is an occupier; or in or on a carrier in the person’s possession or under the person’s control. (sec.36-ssec.2) If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay. Maximum penalty—1,000 penalty units or 1 year’s imprisonment. (sec.36-ssec.3) However, the person is not required to advise an inspector under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth. (sec.36-ssec.4) Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person. A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made. (sec.36-ssec.5) The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter. Maximum penalty—1,500 penalty units or 1 year’s imprisonment. - (a) at a place of which the person is an occupier; or - (b) in the person’s possession or under the person’s control; or - (c) in or on a carrier at a place of which the person is an occupier; or - (d) in or on a carrier in the person’s possession or under the person’s control. - (a) the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or - (b) the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.