72Specified biosecurity requirements

72 Specified biosecurity requirements

(1)  For the purposes of this Act, a specified biosecurity requirement includes any measure, prescription, rule, duty and other requirement imposed by, or under, this Act or any other Act that requires a person or class of persons to do one or more of the following for the purpose, whether express or implied, of preventing, eliminating or minimising a biosecurity risk or potential biosecurity risk:

(a) to take a specified action or do a specified thing;

(b) to refrain from engaging in a specified action or from doing a specified thing;

(c) to adopt, comply with or implement any standard, rule, code, guideline, program or other specification;

(d) to comply with any undertaking, condition, order, determination, direction, permit, notice or other instrument made or issued under this Act or any other Act.

(2)  For the purposes of this Act –

(a) the general biosecurity duty is not a specified biosecurity requirement; and

(b) a specified biosecurity requirement is part of the general biosecurity duty.

(3)  If –

(a) a person fails to comply with an applicable specified biosecurity requirement in respect of a dealing, biosecurity matter or carrier; and

(b) that failure is an offence under both section 71 and another provision of this Act or any other Act –

the person may be charged with, and convicted of, each applicable offence in respect of the failure but may only be sentenced in respect of the most serious offence.

(4)  For the avoidance of doubt, compliance with each applicable specified biosecurity requirement in respect of a dealing, biosecurity matter or carrier may not, of itself, discharge the general biosecurity duty in respect of that dealing, biosecurity matter or carrier.