Biosecurity Act 2023
16Reasonable suspicion—pest infestation
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16 Reasonable suspicion—pest infestation (1) An animal or plant may be reasonably suspected of being infested with a pest if there are reasonable grounds for suspecting that the pest is present in or on, or is attached to, the animal or plant. (2) A place or thing (other than an animal or plant) may be reasonably suspected of being infested with a pest if there are reasonable grounds for suspecting that— (a) the pest is present at the place or on the thing; or (b) there is present, at the place or on the thing, a vehicle or other thing that has been at another place when the pest was present at the other place. (3) It is not necessary for an animal, plant, place or other thing to be exhibiting signs of infestation with a pest for a person to form a reasonable suspicion that the animal, plant, place or thing is infested with a pest.
place or other thing is infested with a pest.
Principles applying to biosecurity duties Division 2.1 Division 2.1 Principles applying to biosecurity duties 17 Biosecurity duties not transferable A person’s biosecurity duty cannot be transferred to another person. 18 Person can have more than 1 biosecurity duty A person can have more than 1 biosecurity duty. 19 More than 1 person can have a biosecurity duty (1) More than 1 person can have the same biosecurity duty at the same time. (2) Each person who has a biosecurity duty must comply with the duty to the standard required by this Act even if another person has the same duty. (3) If more than 1 person has a biosecurity duty in relation to the same thing, each person— (a) retains responsibility for the person’s duty in relation to the thing; and (b) must comply with the person’s duty to the extent to which the person has the capacity to influence and control the thing or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.