Part 15Specific biosecurity offences

Part 15—Specific biosecurity offences 247—Interpretation prescribed agent means a disease, disease agent, contaminant, toxin or other harmful agent, organism, substance or material; release includes to inject, feed to, expose to or apply. 248—Act to cause substantial or material harm or risk (1) A person commits an offence if— (a) the person releases a prescribed agent; and (b) the person, in releasing the prescribed agent, intends— (i) to kill, harm, damage, infect or infest 1 or more animals or plants; and (ii) in so doing, to cause substantial harm, or a risk of substantial harm, to— Maximum penalty: $1 000 000 or imprisonment for 10 years or both. (2) A person commits an offence if— (a) the person releases a prescribed agent; and (b) the person, in releasing the prescribed agent, intends— (i) to kill, harm, damage, infect or infest 1 or more animals or plants; and (ii) in so doing, to cause material harm, or a risk of material harm, to— Maximum penalty: $500 000 or imprisonment for 5 years or both. (3) A person commits an offence against subsection (1) or (2)— (a) whether or not any harm is caused to— (iii) the economy or part of the economy of the State; and (4) A person commits an offence if the person releases a prescribed agent with intent to cause harm, or a risk of harm, to an animal or plant. Maximum penalty: $250 000. (5) A person commits an offence against subsection (4)— (a) whether or not any harm is caused to an animal or plant; and (6) It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that the release of the prescribed agent: (a) constituted a recognised and reasonable use of the prescribed agent; or (b) was undertaken in good faith to protect: (iii) the economy or part of the economy of the State; or (c) was authorised by the regulations. 249—Act that may cause harm or risk (1) A person commits an offence if— (a) the person releases a prescribed agent that may kill, harm, damage, infect or infest 1 or more animals or plants; and (b) in so doing, causes substantial or material harm, or a risk of substantial or material harm, to— (iii) the economy or part of the economy of the State. Maximum penalty: $250 000. (2) A person commits an offence if— (a) the person releases a prescribed agent intentionally or recklessly; and (b) the person ought reasonably to know that the release of the prescribed agent will— (i) kill, harm, damage, infect or infest 1 or more animals or plants; and (ii) in so doing, cause substantial or material harm, or a risk of substantial or material harm, to— Maximum penalty: $125 000. (3) A person commits an offence against subsection (1) or (2)— (a) whether or not any harm is caused— (i) to an animal or plant; or (ii) to— (C) the economy or part of the economy of the State; and (4) A person commits an offence if the person releases a prescribed agent that may kill, harm, damage, infect or infest 1 or more animals or plants. (5) A person commits an offence against subsection (4) whether or not any harm is caused to an animal or plant. (6) It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that the release of the prescribed agent: (a) constituted a recognised and reasonable use of the prescribed agent; or (b) was undertaken in good faith to protect: (iii) the economy or part of the economy of the State; or (c) was authorised by the regulations. 250—Substantial harm and material harm (1) For the purposes of this Part, in determining whether harm is (or would be) substantial, the following matters are relevant (but not exclusive): (a) the nature, scale and effects of the harm that may arise; (b) the immediacy and seriousness of any threat caused by a relevant act; (c) the number of animals or plants (as the case may be) affected, or at risk of being affected; (d) the availability and effectiveness of any treatment or measures that may be available to be used to eliminate or reduce the harm. (2) For the purposes of this Part, in determining whether any harm is (or would be) material, it is relevant to consider any impact or potential impact, and the risk of any impact, other than an impact that is or would be trivial or negligible. 251—Alternative finding If in proceedings for an offence against this Part the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against this Part that carries an equal or lower maximum penalty (determined according to the relative maximum monetary penalties), the court may find the defendant guilty of the latter offence.