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Biosecurity Act 2015
348Biosecurity officer may affix notice to goods or premises
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348 Biosecurity officer may affix notice to goods or premises
(1) A biosecurity officer may affix a notice to, or as near as reasonably practicable to, goods or premises in relation to which biosecurity measures have been required under:
(a) Division 2; or
(b) a regulation made for the purposes of section 346.
(a) that a disease or pest may be present in or on the goods or premises; and
(b) that the disease or pest may pose an unacceptable level of biosecurity risk; and
(c) that biosecurity measures have been required in relation to the goods or premises, in accordance with this Chapter, for the purpose of managing the biosecurity risk posed by the disease or pest; and
(d) the effect of subsections (3) and (4) and section 351.
(a) a notice is affixed to, or as near as reasonably practicable to, goods or premises 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).