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Biosecurity Act 2015
391Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone
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391 Unauthorised persons must not interfere with etc. notices or markings identifying temporary biosecurity monitoring zone
(a) the power referred to in paragraph 386(1)(a) (identification of a temporary biosecurity monitoring zone) is specified in the temporary biosecurity monitoring zone determination; and
(b) a biosecurity officer has, in accordance with the temporary biosecurity monitoring zone determination, caused the zone to be identified by:
(i) the person is authorised to engage in the conduct referred to in paragraph (c) 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;
(2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(c) 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).
392 Unauthorised persons must not interfere with etc. notices or markings identifying goods or premises in temporary biosecurity monitoring zone
(a) the power referred to in paragraph 386(1)(b) (identification of goods or premises in a temporary biosecurity monitoring zone) is specified in the temporary biosecurity monitoring zone determination; and
(b) a biosecurity officer has, in accordance with the temporary biosecurity monitoring zone determination, caused goods or premises in the zone to be identified by:
(i) affixing a notice to, or as near as reasonably practicable to, the goods or premises; or
(i) the person is authorised to engage in the conduct referred to in paragraph (c) 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;
(2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(c) 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).