sec.43Distributing or disposing of category 3 restricted matter

### sec.43 Distributing or disposing of category 3 restricted matter A person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or for a purpose prescribed by regulation. Maximum penalty—500 penalty units. However, subsection (1) does not apply if— the category 3 restricted matter is an invasive plant; and an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal. A person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act. Maximum penalty—500 penalty units. However, subsection (3) does not apply if— a thing is infested with category 3 restricted matter that is an invasive plant; and an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal. In this section— distribute , restricted matter or a thing, includes the following— giving the restricted matter or thing to another person; selling or trading in the restricted matter or thing; releasing the restricted matter or thing into the environment. s 43 amd 2015 No. 15 s 43 ; 2024 No. 17 s 86 (sec.43-ssec.1) A person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or for a purpose prescribed by regulation. Maximum penalty—500 penalty units. (sec.43-ssec.2) However, subsection (1) does not apply if— the category 3 restricted matter is an invasive plant; and an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal. (sec.43-ssec.3) A person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is— performed in the way prescribed under a regulation; or authorised under a restricted matter permit; or performed by an authorised officer in the performance of the authorised officer’s functions under this Act. Maximum penalty—500 penalty units. (sec.43-ssec.4) However, subsection (3) does not apply if— a thing is infested with category 3 restricted matter that is an invasive plant; and an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal. (sec.43-ssec.5) In this section— distribute , restricted matter or a thing, includes the following— giving the restricted matter or thing to another person; selling or trading in the restricted matter or thing; releasing the restricted matter or thing into the environment. - (a) performed in the way prescribed under a regulation; or - (b) authorised under a restricted matter permit; or - (c) performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or - (d) for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or - (e) for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or - (f) for a purpose prescribed by regulation. - (a) the category 3 restricted matter is an invasive plant; and - (b) an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal. - (a) performed in the way prescribed under a regulation; or - (b) authorised under a restricted matter permit; or - (c) performed by an authorised officer in the performance of the authorised officer’s functions under this Act. - (a) a thing is infested with category 3 restricted matter that is an invasive plant; and - (b) an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal. - (a) giving the restricted matter or thing to another person; - (b) selling or trading in the restricted matter or thing; - (c) releasing the restricted matter or thing into the environment.