CTHIn ForceLegislation
Biosecurity Regulation 2016
78Other biosecurity measures relating to goods or conveyances—export from Australian territory
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#### 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