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Biosecurity Act 2015
322Biosecurity officer may affix notice to goods or conveyance
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322 Biosecurity officer may affix notice to goods or conveyance
(1) A biosecurity officer may affix a notice to, or as near as reasonably practicable to:
(a) goods or a conveyance that have been secured in accordance with a direction given under subsection 317(1) or (2); or
(b) goods or a conveyance in relation to which a direction relating to movement has been given under paragraph 321(1)(a); or
(c) goods or a conveyance that have been moved under paragraph 321(1)(b).
(a) that a disease or pest may be present in or on the goods or conveyance; and
(b) that the disease or pest may pose an unacceptable level of biosecurity risk; and
(c) that the goods or conveyance have been secured or moved (as the case may be), in accordance with this Chapter, to enable a biosecurity officer to exercise powers under this Chapter; and
(d) the effect of subsections (3) and (4) and sections 323 and 330.
(a) a notice is affixed to, or as near as reasonably practicable to, goods or a conveyance under subsection (1); and
(i) the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;
(ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
(4) Subsection (3) does not apply if the person is authorised to engage in the conduct referred to in paragraph (3)(b) under this Act or under another Australian law.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).