Part 4Biosecurity duties, dealings and measures

Part 4—Biosecurity duties, dealings and measures Division 1—General biosecurity duty 40—General biosecurity duty (1) A person has a duty (the general biosecurity duty) to take, so far as is reasonably practicable, measures to prevent, eliminate, minimise, control or manage a biosecurity risk when dealing with biosecurity matter, or a carrier, if the person knows or reasonably ought to know that the biosecurity matter, carrier or dealing poses a biosecurity risk. (2) Unless otherwise specified and without limiting the general biosecurity duty, a person fails to comply with the general biosecurity duty in respect of biosecurity matter, a carrier or a dealing if the person knowingly, or negligently, fails to comply with any applicable specified biosecurity requirement in respect of the biosecurity matter, carrier or dealing. 41—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. (2) In determining what is a significant biosecurity impact for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to— (a) the potential impact of a failure to comply with the duty; and (b) the economic, environmental, community or practicable implications; and (c) the extent of any risk to public safety; and (d) the nature, extent and duration of any biosecurity impact; and (e) any relevant standard, code, guideline, program or other specification; and (f) any matter prescribed by the regulations. (3) A person must comply with the general biosecurity duty when dealing with biosecurity matter or a carrier. (4) If, in proceedings for an offence against 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 against subsection (3), the court may find the person guilty of an offence under subsection (3). (5) A person who commits an offence under this section because of failing to comply with the general biosecurity duty— (a) continues, until the duty is discharged, to be required to discharge the duty; and (b) is guilty of a continuing offence (of the relevant kind) for each day that the failure continues. 42—Specified biosecurity requirements (1) For the purposes of this Act, a specified biosecurity requirement means any measure, prescription, rule, duty or other requirement imposed by, or under, this Act or any other Act that requires a person or class of persons to do 1 or more of the following for the purpose, whether express or implied, of preventing, eliminating, minimising, controlling or managing a biosecurity risk or potential biosecurity risk: (a) to take specified action or to 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, code, guideline, program or other specification; (d) to comply with any 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 biosecurity matter, carrier or dealing; and (b) that failure is an offence under both section 41 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) To avoid doubt, compliance with each applicable specified biosecurity requirement in respect of biosecurity matter, carrier or dealing may not, of itself, discharge the general biosecurity duty in respect of that biosecurity matter, carrier or dealing. Division 2—Dealings 43—Prohibited matter (1) A person who deals with any biosecurity matter that is prohibited matter throughout the State is guilty of an offence. (2) A person who deals with biosecurity matter is guilty of an offence if— (a) the biosecurity matter is located in a part of the State in which it is prohibited matter; or (b) as a result of the dealing, the biosecurity matter enters or is likely to enter a part of the State in which it is prohibited matter. (3) A person who commits an offence against subsection (1) or (2) because the person deals with biosecurity matter in contravention of that subsection— (a) continues, until the contravention ceases, to be liable for a contravention of the subsection; and (b) is guilty of a continuing offence (of the relevant kind) for each day that the contravention continues. (4) It is a defence to the prosecution of an offence constituted by a person having prohibited matter in the person's possession, care, custody or control if the person charged with the offence proves that the person did not know, and could not reasonably be expected to know, that the person had the prohibited matter in the person's possession, care, custody or control. 44—Prohibited dealings (1) A person must not engage in a prohibited dealing. (2) A person who commits an offence under this section because the person engages in a prohibited dealing in contravention of subsection (1)— 45—Regulated dealings (1) A person must not engage in a regulated dealing unless— (a) the person is a registered entity; and (b) the person's biosecurity registration authorises the person to engage in the regulated dealing; and (c) the dealing is in accordance with the person's biosecurity registration. (2) A person who commits an offence under this section because the person engages in a regulated dealing in contravention of subsection (1)— (3) In proceedings for an offence against this section, it is a defence to the prosecution of the offence if the person who engaged in the regulated dealing proves that— (a) the person did so as an employee or agent of a registered entity; and (b) the biosecurity registration authorises the registered entity to engage in the dealing. Division 3—Other requirements 46—Manifests (1) A person must not bring or introduce any prescribed biosecurity matter into the State for sale or any other commercial purpose unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer. (2) A person must not tranship, or transport through the State, any prescribed biosecurity matter for sale or other commercial purpose in another State unless, before so doing, a manifest that conforms with the requirements of the relevant Chief Officer about its form, contents and the manner in which it is made has been lodged with the relevant Chief Officer in a manner determined by the relevant Chief Officer. (3) A person referred to in subsection (1) or (2) must, at a quarantine station or on the request of an authorised officer, produce a copy of the manifest. 47—Biosecurity matter sold for propagation A person must not sell any prescribed biosecurity matter for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations. 48—Packaging and labelling for sale (1) A person must not pack for sale or sell any prescribed biosecurity matter in packaging unless the packaging— (a) is in good repair; and (b) is clean and free from extraneous visible matter; and (c) is free of any objectionable odour; and (d) is labelled in accordance with the regulation; and (e) complies with any other requirements prescribed by the regulations. (2) A person must not pack for sale or sell any prescribed biosecurity matter in used packaging except in accordance with the regulations (which may prohibit the use of certain used packaging absolutely or subject to conditions). Division 4—Duty to notify biosecurity event 49—Biosecurity duty to notify biosecurity event (1) A person who becomes aware of, or who reasonably suspects, the occurrence or likely occurrence of a biosecurity event has a duty (a biosecurity duty)— (a) to notify the occurrence or likely occurrence of the biosecurity event as soon as reasonably practicable after the person becomes aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event in accordance with the regulations; and (b) to comply with any other requirements prescribed by the regulations. (2) The regulations may prescribe the following: (a) the form, contents and manner of a notification to be made in respect of a biosecurity event; (b) the person or persons to whom a notification must be made; (c) the procedure for requesting or providing further information in respect of a biosecurity event; (d) other matters or procedures in relation to a biosecurity event generally or a class of biosecurity events. (3) A person is not required to notify the occurrence or likely occurrence of a particular biosecurity event under subsection (1) if the person knows or reasonably believes that the biosecurity event has already been notified to a person as envisaged by the regulations under subsection (2). (4) A biosecurity duty arises under this Division only if the person is— (a) the owner, occupier or person in charge of, or who has the care, custody or control of, premises on which, or in relation to which, the biosecurity event has occurred, is occurring or is likely to occur; or (b) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any inspection, analysis, consultation, communication, transaction or other activity undertaken by the person in a professional capacity; (c) a person who is aware of, or reasonably suspects, the occurrence or likely occurrence of the biosecurity event as a result of any dealing with biosecurity matter, or a carrier, undertaken by the person; (d) a prescribed person, or a prescribed class of persons, in prescribed circumstances. 50—Failure to comply with biosecurity duty (1) A person must not fail to discharge the person's biosecurity duty under this Division. (2) A person who commits an offence under this section because of failing to comply with the person's biosecurity duty under this Division— (a) continues, until the duty is discharged, to be required to discharge the duty; and (b) is guilty of a continuing offence for each day that the failure continues. (3) In any proceedings for an offence under this section in respect of a biosecurity event, evidence that a reasonable person with the capacity, and in the circumstances, of the defendant ought to have known, or suspected, the occurrence or likely occurrence of the biosecurity event is evidence, unless the contrary is proven, that the defendant held such knowledge or suspicion. (4) It is a defence to proceedings for an offence under this section in respect of a biosecurity event if the defendant establishes that the defendant did not notify the biosecurity event as required under this Division, because the defendant has reasonable grounds to believe that the biosecurity event was widely and publicly known at the time the defendant allegedly committed the offence. 51—Protection against self-incrimination Notification of a biosecurity event given by a person under this Division is not admissible in evidence against that person in any criminal proceedings, or in other proceedings for the imposition of a penalty, other than proceedings for— (a) an offence under this Division; or (b) an offence under this Act that involves furnishing false or misleading information or failing to furnish material information; or (c) an offence under section 33.