CrestWestern Australia
Biosecurity and Agriculture Management Act 2007
Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013
Western Australia
Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013
Contents
-
Citation 1
-
Commencement 1
-
Infringement notices 1
-
Forms 1
Schedule 1 — Prescribed offences and modified penalties
Division 1 — Biosecurity and Agriculture Management Act 2007
Division 2 — Biosecurity and Agriculture Management Regulations 2013
Division 3 — Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013
Division 4 — Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013
Division 5 — Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013
Division 6 — Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020
Schedule 2 — Forms
Notes
Compilation table 19
Biosecurity and Agriculture Management Act 2007
Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013
1. Citation
These regulations are the Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Infringement notices
(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 126 of the Act.
(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 126 of the Act.
4. Forms
For the purposes of sections 126 and 127 of the Act, the forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.
Schedule 1 — Prescribed offences and modified penalties
[r. 3]
Division 1 — Biosecurity and Agriculture Management Act 2007
| Offences under Biosecurity and Agriculture Management Act 2007 | | Modified penalty<br>$ |
|---|
| s. 15(1) | Importing prohibited organism (other than high impact organism) except in accordance with import permit and regulations | 1 000 |
| s. 15(2) | Importing unlisted organism except in accordance with import permit and regulations | 400 |
| s. 15(3) | Importing prescribed potential carrier (other than of a high impact organism) if import not permitted under, or not in accordance with, regulations | 1 000 |
| s. 19(2) | Commercial passenger carrier failing to give passengers prescribed import information | 300 |
| s. 19(3) | Commercial passenger carrier failing to provide secure facility to deposit imported organisms and potential carriers | 300 |
| s. 19(4) | Commercial passenger carrier failing to dispose of organism or potential carrier in accordance with regulations | 400 |
| s. 20(2) | Commercial carrier failing to give notice of transport of declared pest or potential carrier in accordance with regulations | 300 |
| s. 21(3) | Failing to present to inspector imported organism or prescribed potential carrier or import permit, or to provide relevant information | 400 |
| s. 23(1) | Dealing with declared pest (other than high impact organism) in prohibited manner | 1 000 |
| s. 23(3) | Contravening regulations in respect of moving declared pest (other than high impact organism) or animal, plant or thing infected or infested with declared pest (other than high impact organism) | 400 |
| s. 24(2) | Contravening regulations or management plan in relation to introduction of declared pest etc. (other than in relation to high impact organism) | 400 |
| s. 24(4) | Contravening regulations or management plan in relation to supply of declared pest etc. (other than in relation to high impact organism) | 400 |
| s. 25 | Keeping, breeding, cultivating or supplying declared pest (other than high impact organism) contrary to Act or authorisation | 400 |
| s. 29 | Failing to comply with pest exclusion notice |
Division 2 — Biosecurity and Agriculture Management Regulations 2013
| Offences under Biosecurity and Agriculture Management Regulations 2013 | | Modified penalty<br>$ |
|---|
| r. 11(6) | Keeping certain potential carriers other than as authorised by, and in accordance with, permit | 100 |
| r. 24(2) | Inoculating vertebrate with product containing declared pest | 200 |
| r. 26(2) | Advertising supply of declared pest | 100 |
| r. 26(5) | Failing to comply with requirement to discontinue advertisement or publish notice of advice | 100 |
| r. 30(4) | Removing biosecurity sign | 200 |
| r. 32(4) | Holding or participating in exhibition or sale of vertebrates, or causing gathering of vertebrates, in contravention of prohibition or condition | 400 |
| r. 33(1) | Making results of unauthorised test public | 400 |
| r. 34(2) | Moving stock from abattoir without permit | 200 |
| r. 34(3) | Moving stock from feedlot without authority | 200 |
| r. 36(4) | Failing to keep record of search or surveillance | 100 |
| r. 36(5) | Failing to comply with search or surveillance direction | 100 |
| r. 40(2) | Interfering with pest control device | 200 |
| r. 45(2) | Setting trap for vertebrate without permit | 200 |
| r. 45(3) | Failing to take action in relation to trap as required by regulations | 200 |
| r. 48 | Using barrier fence without consent | 200 |
| r. 49 | Damaging or misusing barrier fence | 200 |
| r. 50(1) | Driving or keeping animal near barrier fence | 200 |
| r. 51 | Travelling along barrier fence reserve | 200 |
| r. 54(2) | Making false claim in relation to detection, removal or destruction of declared pest | 200 |
| r. 57 | Failing to comply with quarantine notice |
[Division 2 amended: Gazette 6 Sep 2019 p. 3195.]
Division 3 — Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013
| Offences under Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013 | | Modified penalty<br>$ |
|---|
| r. 10(6) | Failing to comply with duty or obligation in residue quarantine notice | 2 000 |
| r. 20B | Failing to ensure that cattle treated with HGP is marked as required | 500 |
| r. 20C(3) | Failing to ensure that ear punch mark on animal treated with HGP remains permanently identifiable | 500 |
| r. 20D(4) | Declaring animal is HGP free if person has treated animal with HGP or not obtained a declaration that animal is HGP free from previous owner | 500 |
| r. 20D(5) | Making false claim in relation to declaration that animal is HGP free | 500 |
| r. 25 | Failing to produce animal feed in accordance with approved quality assurance scheme | 500 |
| r. 27(1) | Failing to label manufactured animal feed container (weighing 5 kg or more) in accordance with regulations | 200 |
| r. 27(2) | Failing to label manufactured animal feed container (weighing less than 5 kg) in accordance with regulations | 200 |
| r. 27(3) | Failing to include vitamin or mineral information on manufactured animal feed container label | 200 |
| r. 27(4) | Failing to label delivery docket (for bulk supply of manufactured animal feed) in accordance with regulations | 200 |
| r. 27(5) | Failing to label container or docket (for single transaction supply of 500 kg of manufactured animal feed) in accordance with regulations | 200 |
| r. 27(6) | Failing to label container or docket (for manufactured animal feed containing veterinary chemical product) in accordance with regulations | 200 |
| r. 29(1) | Supplying animal feed after expiry date has passed | 200 |
| r. 29(2) | Person who is not manufacturer supplying container of manufactured animal feed contrary to label | 200 |
| r. 29(3) | Supplying animal feed contrary to export label | 200 |
| r. 29(4) | Feeding stock animal feed contrary to export label |
[Division 3 amended: Gazette 16 Jun 2015 p. 2072.]
Division 4 — Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013
| Offences under Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 | | Modified penalty<br>$ |
|---|
| r. 7(1) | Owning or purchasing stock when not registered | 200 |
| r. 10(1) | Operating a non‑farming property when not registered | 200 |
| r. 13(1) | Being or becoming a beekeeper when not registered | 200 |
| r. 18 | Failing to give notice of the movement of stock to farming property in certain circumstances | 200 |
| r. 19(1) | Registered person failing to give notice of change of address | 200 |
| r. 19(2) | Registered beekeeper failing to give notice of change of place of residence or business | 200 |
| r. 38(8) | Permit holder failing to comply with requirement | 200 |
| r. 39 | Failing to give to inspector unused device or identification equipment after registered identifier ceases to be allotted to person | 500 |
| r. 40(1) | Possessing device or identification equipment when not registered owner of the identifier | 200 |
| r. 40(2) | Having on property a device or identification equipment contrary to regulations | 500 |
| r. 40(4) | Removing device or identification equipment from property contrary to regulations | 500 |
| r. 49(1) | Failing to give NLIS device to inspector | 200 |
| r. 62(5) | Failing to retain confirmation of registration record where person supplied with device or identification equipment | 200 |
| r. 62(7) | Failing to comply with direction to give record made under this regulation to approved person | 500 |
| r. 65(2) | Failing to retain confirmation of registration record where person supplied with NLIS device | 200 |
| r. 65(4) | Failing to comply with direction to give record made under this regulation to approved person | 500 |
| r. 67(5) | Failing to retain confirmation of registration record where person supplied with NLIS tag |
[Division 4 amended: Gazette 27 Jun 2019 p. 2452.]
Division 5 — Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013
| Offences under Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013 | | Modified penalty<br>$ |
|---|
| r. 15(3) | Failing to return accreditation document | 100 |
| r. 17 | Contravening accreditation condition | 200 |
| r. 18(1) | Giving assurance certificate without authority | 400 |
Division 6 — Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020
[Heading inserted: SL 2020/130 r. 7.]
| Offence under Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020 | | Modified penalty<br>$ |
|---|
| r. 4(1) | Failing to ensure record of use of agricultural chemical product is made no later than 7 days after the use and to keep record for 2 years | 400 |
[Division 6 inserted: SL 2020/130 r. 7.]
Schedule 2 — Forms
[r. 4]
Form 1 — Infringement notice (section 126)
- Biosecurity and Agriculture Management Act 2007 section 126****INFRINGEMENT NOTICE Infringement
notice no.
- Alleged offender Name
- Address
- Details of alleged offence Date or period
- Place
- Written law contravened
- Details of offence
- Date Date of notice
- Inspector Name
- Signature
- Modified penalty $_________
- Penalty Individual $_____ You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.
- Body corporate $_____
- TAKE NOTICE It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Director General within 28 days after the date of this notice.If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If you need more time to pay the modified penalty, you should contact the Director General at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.If you want this matter to be dealt with by prosecution in court, sign and date here:
__________________________________ / /20
and post this notice to the Director General at the address below within 28 days after the date of this notice.If you consider that you have good reason to have this notice withdrawn, you can write to the Director General at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
- How to pay By post Tick the relevant box below and post this notice to: [Insert address] I want to pay the modified penalty. A cheque or money order (payable to the Director General, Department of Agriculture and Food) for the modified penalty is enclosed. I want to pay the modified penalty by credit card. Please debit my credit card account.Card type _____________________________Cardholder name _______________________Card number[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]Expiry date of card _____/_____Amount $__________Signature ____________________Complete all details
- In person Pay the cashier at: [Insert address]
- Method of service Date of service
[Form 1 amended: SL 2020/160 r. 4.]
Form 2 — Withdrawal of infringement (section 127)
- Biosecurity and Agriculture Management Act 2007 section 127****WITHDRAWAL OF INFRINGEMENT NOTICE Withdrawal no.
- Alleged offender Name
- Address
- Details of infringement notice Infringement notice no.
- Date of issue
- Details of alleged offence Date or period
- Place
- Written law contravened
- Details of offence
- Signature of Director General or delegate Name
- Signature
- Date Date of withdrawal
- Withdrawal of infringement notice*[Delete whichever is not applicable] The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.**Your refund is enclosedor**If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:[Insert address]
- Your signature Date
dline
Notes
This is a compilation of the Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
| Citation | Published | Commencement |
|---|
| Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013 | 24 Sep 2013 p. 4417-35 | r. 1 and 2: 24 Sep 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2013 (see r. 2(b)) |
| Biosecurity and Agriculture Management (Infringement Notices) Amendment Regulations 2015 | 16 Jun 2015 p. 2072 | r. 1 and 2: 16 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Jun 2015 (see r. 2(b)) |
| Biosecurity and Agriculture Management Regulations Amendment Regulations (No. 2) 2019 Pt. 3 | 27 Jun 2019 p. 2407‑54 | 28 Jun 2019 (see r. 2(b)) |
| Biosecurity and Agriculture Management Regulations Amendment Regulations 2019 Pt. 3 | 6 Sep 2019 p. 3195 | 7 Sep 2019 (see r. 2(b)) |
| Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020 Pt. 3 | SL 2020/130 14 Aug 2020 | 11 Sep 2020 (see r. 2(b)) |
| Agriculture and Food Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 2 | SL 2020/160 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |