Biosecurity Act 2023
37Alternative verdicts for offences
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37 Alternative verdicts for offences (1) This section applies if, in a prosecution for a relevant offence, the trier of fact— (a) is not satisfied beyond reasonable doubt that the defendant is guilty of the relevant offence; but (b) is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence. (2) The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt. alternative offence, for a relevant offence, means an offence mentioned in table 37, column 3, for the offence. relevant offence means an offence mentioned in table 37, column 2. Table 37 Alternative verdicts for offences—pt 2 item relevant offence alternative offence 1 s 24 (3) comply with general biosecurity duty, cause significant biosecurity impact) s 24 (1) (intentionally fail to comply with general biosecurity duty) s 24 (2) (negligently fail to comply with general biosecurity duty) 2 s 27 (2) notify biosecurity event) s 27 (1) (fail to notify biosecurity event)
Alternative verdicts Division 2.7 item relevant offence alternative offence 3 s 31 (2) notify presence of notifiable biosecurity matter) s 31 (1) (fail to notify presence of notifiable biosecurity matter) 4 s 34 (1) (deal with prohibited biosecurity matter) 5 s 34 (2) (intentionally/negligently deal with prohibited biosecurity matter) s 34 (1) (deal with prohibited biosecurity matter) 6 s 36 (1) (engage in prohibited dealing) 7 s 36 (2) (intentionally/negligently engage in prohibited dealing) s 36 (1) (engage in prohibited dealing)