sec.42Reporting presence of category 1 or 2 restricted matter

### sec.42 Reporting presence of category 1 or 2 restricted matter This section applies to a person if the person becomes aware of the presence of biosecurity matter that is category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 restricted 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 appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1) . Maximum penalty— for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or for a breach in relation to category 2 restricted matter—200 penalty units. However, the person is not required to advise an appropriate authorised officer under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted 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 appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person. A person would not be required to advise an appropriate authorised officer of the presence of category 1 or category 2 restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer 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 restricted matter. Maximum penalty—750 penalty units. In this section— appropriate authorised officer means— if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer. s 42 amd 2015 No. 15 s 42 ; 2024 No. 17 s 85 (sec.42-ssec.1) This section applies to a person if the person becomes aware of the presence of biosecurity matter that is category 1 or category 2 restricted matter, or that the person believes or ought reasonably to believe is category 1 or category 2 restricted 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.42-ssec.2) If the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1) . Maximum penalty— for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or for a breach in relation to category 2 restricted matter—200 penalty units. (sec.42-ssec.3) However, the person is not required to advise an appropriate authorised officer under subsection (2) if— the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted 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.42-ssec.4) Also, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person. A person would not be required to advise an appropriate authorised officer of the presence of category 1 or category 2 restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made. (sec.42-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 restricted matter. Maximum penalty—750 penalty units. (sec.42-ssec.6) In this section— appropriate authorised officer means— if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer. - (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) for a breach in relation to category 1 restricted matter—750 penalty units or 6 months imprisonment; or - (b) for a breach in relation to category 2 restricted matter—200 penalty units. - (a) the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted 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. - (a) if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or - (b) if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.