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Biosecurity Act 2015
305Offence—contravening a direction
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305 Offence—contravening a direction
(1) A person commits an offence of strict liability if:
(a) the person is the person in charge or operator of a vessel; and
(b) the person is given a direction under Division 2 or this Division; and
(c) the person fails to comply with the direction.
Exceptions
(2) Subsection (1) does not apply if the failure to comply with the direction is necessary for the purpose of:
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
(3) Subsection (1) does not apply if:
(a) the failure to comply with the direction is accidental and results from damage to the vessel or its equipment; and
(b) all reasonable efforts are made to comply with the direction; and
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
(4) Subsection (1) does not apply if the failure to comply with the direction is for the purpose of avoiding or minimising pollution from the vessel.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).