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Biosecurity Act 2015
195Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report
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195 Power to obtain extra information relating to an aircraft or vessel covered by a pre‑arrival report
(1) A biosecurity officer may exercise the powers under subsections (2), (3) and (4) for the purpose of assessing the level of biosecurity risk associated with an aircraft or vessel that is the subject of a report under paragraph 193(1)(a), or a report under subsection 193(1A) where paragraph 193(1)(a) applies, but was not subject to biosecurity control when the report was given and has not become subject to biosecurity control since.
Power to require information or answers to questions
(2) A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has information in relation to the aircraft or vessel to answer questions, or provide information in writing, in relation to the aircraft or vessel.
Note 1: The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).
Power to require production of documents
(3) A biosecurity officer may require a person who the biosecurity officer suspects, on reasonable grounds, has the custody or control of documents in relation to the aircraft or vessel to produce to the biosecurity officer such of those documents as are specified by the biosecurity officer.
Note 1: The obligation in this subsection applies whether or not the person is in Australian territory when the requirement is made (see subsection (8)).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).
Power to deal with documents
(4) A biosecurity officer:
(a) may make copies of, or take extracts from, a document produced under subsection (3); and
Complying with requirements
(a) the person is required:
(i) to answer questions or give information to a biosecurity officer under subsection (2); or
(ii) to produce documents to a biosecurity officer under subsection (3); and
(b) the person does not comply with the requirement.
Note: The physical elements of an offence against subsection (6) are set out in this subsection (see section 534).
(8) Subsections (5), (6) and (7) apply whether or not the person is in Australian territory when the person is required to answer the questions, give the information or produce the documents.
196 Persons on incoming aircraft or vessel may be required to provide information or travel documents to assess biosecurity risk
(1) This section applies in relation to persons who:
(a) intend to enter, or enter, Australian territory on an incoming aircraft or vessel; and
(b) are included in a prescribed class of persons.
(2) The Director of Biosecurity may require any person covered by subsection (1), or each person included in a class of persons covered by subsection (1), to provide information (including by answering questions) for the purpose of assessing the level of biosecurity risk associated with the person and any goods that the person has with him or her.
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section 137.1 of the Criminal Code and section 532 of this Act).
(3) The information required under subsection (2) must be provided in the manner approved by the Director of Biosecurity.
Production and scanning of travel documents
(3A) The Director of Biosecurity may do the following:
(a) require any person covered by subsection (1), or each person included in a class of persons covered by subsection (1), to produce a document covered by subsection (3B) to the Director for either or both of the following purposes:
(i) assessing the level of biosecurity risk associated with the person and any goods that the person has with the person;
(ii) the future profiling, or future assessment, of biosecurity risks;
(b) scan any document so produced for either or both of those purposes;
(c) collect and retain personal information obtained as part of that production or scanning for either or both of those purposes.
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 533 of this Act).
(3B) For the purposes of paragraph (3A)(a), the documents covered by this subsection are the following:
(a) the person’s Australian travel document (within the meaning of the Australian Passports Act 2005);
(b) a passport, or other travel document, issued to the person by or on behalf of the government of a foreign country.
Civil penalty provisions
(4) A person who is required to provide information under subsection (2) must comply with the requirement.
(5) A person who is required to produce a document under paragraph (3A)(a) must comply with the requirement.