71Failure to comply with general biosecurity duty

71 Failure to comply with general biosecurity duty

(1)  A person must not cause a significant biosecurity impact by knowingly, or recklessly, failing to comply with the general biosecurity duty in respect of biosecurity matter, a carrier or a dealing.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 10 000 penalty units; or

(b) an individual, a fine not exceeding 2 500 penalty units or a term of imprisonment not exceeding 48 months.

(2)  A person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 3 750 penalty units; or

(b) an individual, a fine not exceeding 750 penalty units or a term of imprisonment not exceeding 24 months, or both.

(3)  An offence under this section is an indictable offence.

(4)  Notwithstanding that an offence under this section is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if –

(a) the court is satisfied that it is proper to do so; and

(b) the defendant and prosecutor in respect of the offence both consent to the offence being so heard and determined.

(5)  If, in proceedings for an offence under subsection (1) in respect of a person, the court determining the proceedings is not satisfied that the person is guilty of that offence but is satisfied that the person has committed an offence under subsection (2) , the court may find the person guilty of an offence under subsection (2) .