28NAuthorised officer may give directions

28N Authorised officer may give directions

(1)  When performing or exercising, or as a result of the performance or exercise of, any functions or powers under this Part in relation to a GMO or thing containing, or that may contain, a GMO, an authorised officer may give written directions to one or more of the following persons:

(a) the responsible person for the GMO or thing;

(b) a person who is apparently in charge of the premises or area inspected;

(c) a person apparently employed by the responsible person for the GMO or thing or in the premises or area inspected;

(d) the operator of, or a person who is apparently in charge of or employed in, an approved quarantine place.

(2)  Without limiting the directions that may be given under subsection (1) , those directions may include directions directing the person to whom they are given to take any actions or measures to ensure that –

(a) a contravention of this Part; or

(b) a contravention of a condition or restriction to which the importation into the State of a GMO or thing, or a permit or exemption, is subject –

does not occur or does not continue to occur.

(3)  A person given a direction under subsection (1) must comply with the direction.

Penalty:  Fine not exceeding 50 penalty units.

(4)  On convicting a person of an offence under subsection (3) , in addition to or in instead of imposing a penalty the court may order the person to comply with the direction in respect of which the offence was committed.