QLDIn ForceAct
Biosecurity Act 2014
sec.44Requirement to kill and dispose of category 7 restricted matter
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### sec.44 Requirement to kill and dispose of category 7 restricted matter
A person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter.
Maximum penalty—500 penalty units.
A guideline could apply under chapter 5 about ways to humanely kill noxious fish.
A person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation.
Maximum penalty—500 penalty units.
Subsection (2) applies whether or not the person killed the category 7 restricted matter.
However, a person does not commit an offence against subsection (1) or (2) if—
the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or
the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.
(sec.44-ssec.1) A person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter. Maximum penalty—500 penalty units. A guideline could apply under chapter 5 about ways to humanely kill noxious fish.
(sec.44-ssec.2) A person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation. Maximum penalty—500 penalty units.
(sec.44-ssec.3) Subsection (2) applies whether or not the person killed the category 7 restricted matter.
(sec.44-ssec.4) However, a person does not commit an offence against subsection (1) or (2) if— the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.
- (a) the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or
- (b) the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.