QLDIn ForceAct
Biosecurity Act 2014
sec.45Offences about other categories of restricted matter
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### sec.45 Offences about other categories of restricted matter
A person must not do any of the following—
move, or cause or allow to be moved, category 4 restricted matter;
keep in the person’s possession or under the person’s control category 5 restricted matter;
give food to category 6 restricted matter.
Maximum penalty—500 penalty units.
A person does not commit an offence against subsection (1) if the person’s action is authorised under—
a restricted matter permit; or
another Act or a law of the Commonwealth.
A person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10 as evidence of the commission of an offence.
A person does not commit an offence against subsection (1) (a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.
A person does not commit an offence against subsection (1) (b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.
A person does not commit an offence against subsection (1) (c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.
In this section—
relevant entity means any 1 of the following—
the Board of the Queensland Museum established under the Queensland Museum Act 1970 ;
the department that includes the entity known as the Queensland Herbarium;
another government entity with expertise in the identification of the restricted matter to be moved or kept.
(sec.45-ssec.1) A person must not do any of the following— move, or cause or allow to be moved, category 4 restricted matter; keep in the person’s possession or under the person’s control category 5 restricted matter; give food to category 6 restricted matter. Maximum penalty—500 penalty units.
(sec.45-ssec.2) A person does not commit an offence against subsection (1) if the person’s action is authorised under— a restricted matter permit; or another Act or a law of the Commonwealth.
(sec.45-ssec.3) A person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10 as evidence of the commission of an offence.
(sec.45-ssec.4) A person does not commit an offence against subsection (1) (a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.
(sec.45-ssec.5) A person does not commit an offence against subsection (1) (b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.
(sec.45-ssec.6) A person does not commit an offence against subsection (1) (c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.
(sec.45-ssec.7) In this section— relevant entity means any 1 of the following— the Board of the Queensland Museum established under the Queensland Museum Act 1970 ; the department that includes the entity known as the Queensland Herbarium; another government entity with expertise in the identification of the restricted matter to be moved or kept.
- (a) move, or cause or allow to be moved, category 4 restricted matter;
- (b) keep in the person’s possession or under the person’s control category 5 restricted matter;
- (c) give food to category 6 restricted matter.
- (a) a restricted matter permit; or
- (b) another Act or a law of the Commonwealth.
- (a) the Board of the Queensland Museum established under the Queensland Museum Act 1970 ;
- (b) the department that includes the entity known as the Queensland Herbarium;
- (c) another government entity with expertise in the identification of the restricted matter to be moved or kept.