78Other biosecurity measures relating to goods or conveyances—export from Australian territory

78 Other biosecurity measures relating to goods or conveyances—export from Australian territory

(1) This section applies in relation to the following goods or conveyances: (a) goods that have been released from biosecurity control; (b) goods that include, or have been constructed or manufactured using, goods that have been released from biosecurity control; (c) a conveyance that has been released from biosecurity control; (d) a conveyance that has on board, or has been built or manufactured using, goods that have been released from biosecurity control. (2) For section 346 of the Act, a biosecurity officer may require the goods or conveyance to be exported from Australian territory.

Note 1: Limitations apply to the exercise of a power provided by this subsection (see subsection 346(5) of the Act).

Note 2: Division 4 of Part 3 of Chapter 6 of the Act provides for other powers that may be exercised in relation to goods or a conveyance in relation to which the biosecurity measure under this subsection has been required.

Note 3: Division 5 of Part 3 of Chapter 6 of the Act provides for offences and civil penalty provisions that may apply if the biosecurity measure under this subsection has been required to be taken in relation to goods or a conveyance. These are in addition to subsections (5) and (6) of this section.

(3) If a biosecurity officer requires a conveyance to be exported from Australian territory, a biosecurity officer may direct the owner of the conveyance to arrange for the conveyance to be exported from Australian territory.

Note: The power in this subsection is in addition to the power given by subparagraph 347(1)(b)(i) of the Act. Under that subparagraph, a biosecurity officer may direct the person in charge or the operator of the conveyance to arrange for the conveyance to be exported from Australian territory.

(4) A person who is given a direction under subsection (3) must comply with the direction. Fault‑based offence (5) A person commits an offence if: (a) the person is given a direction under subsection (3); and (b) the person engages in conduct; and (c) the conduct contravenes the direction.

Penalty: 50 penalty units.

Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 50 penalty units.

Chapter 6—Approved arrangements