Biosecurity Act 2015 No 24

Currency

As amended to Biosecurity Amendment (Pest Management) Regulation 2018 (No 311). commenced 1 July 2018. Current to 14 August 2018.

Jurisdiction

Section 283: Proceedings for an offence against this Act or the regulations are to be dealt with summarily by the Local Court or before the Supreme Court in its summary jurisdiction. The maximum penalty if proceedings are brought before the Local Court, is $22,000 or 2 years imprisonment or the maximum term of imprisonment provided for by law, whichever is the lesser.

Section 284: Proceedings for a category 1 offence may be commenced within 3 years after the date of the alleged offence. Proceedings for a category 2 offence may be commenced within 2 years after the date of the alleged offence.

Section 279: Maximum penalty for category 1 offence, in the case of an individual – $1,100,000 or imprisonment for 3 years or both, and in the case of a continuing offence $137,500 for each day the offence continues.

Section 279: Maximum penalty for category 1 offence, in the case of a corporation – $2,200,000 and in the case of a continuing offence $275,000 for each day the offence continues.

Section 280(1): Maximum penalty for category 2 offence, in the case of an individual – $220,000 and in the case of a continuing offence $55,000 for each day the offence continues.

Section 280(1): Maximum penalty for category 2 offence, in the case of a corporation – $440,000 and in the case of a continuing offence $110,000 for each day the offence continues.

Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case of an individual – $1,100,000 and, in the case of a continuing offence, a further penalty of $137,500 for each day the offence continues.

Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case of a corporation – $2,200,000 and, in the case of a continuing offence, a further penalty of $275,000 for each day the offence continues.

Section 280(4): A court cannot impose a penalty for an offence on the basis of s 280(2) unless the process by which the proceedings are commenced specifies that the offence is alleged to have been committed negligently and the factors that were alleged to constitute negligence.

SECTION DESCRIPTION PENALTY (MAX)
23 Failure to discharge biosecurity duty –
Category 1 offence if the failure is intentional or reckless and the failure caused,
or was likely to cause, a significant biosecurity impact;
in any other case, the offence is a category 2 offence
Corp/Indiv
$22,000 or 2 yrs*
28 Dealing with prohibited matter –
Category 1 offence if the offence is committed intentionally or recklessly;
in any other case, the offence is a category 2 offence
Corp/Indiv
$22,000 or 2 yrs*
32 Failure to notify presence of prohibited matter –
Category 1 offence if the failure is intentional or reckless;
in any other case, the offence is a category 2 offence
Corp/Indiv
$22,000 or 2 yrs*
37 Failure to prevent, eliminate or minimise risk posed by prohibited matter –
Category 1 offence if the failure is intentional or reckless;
in any other case, the offence is a category 2 offence
Corp/Indiv
$22,000 or 2 yrs*
40 Failure to notify of biosecurity event –
Category 1 offence if the failure is intentional or reckless;
in any other case, the offence is a category 2 offence
Corp/Indiv
$22,000 or 2 yrs*
75 Contravening a control order – Category 2 offence Corp/Indiv
$22,000 or 2 yrs*
116 Failure to comply with requirement of authorised officer – Category 2 offence Corp/Indiv
$22,000 or 2 yrs*
138 Failure to comply with biosecurity direction – Category 2 offence Corp/Indiv
$22,000 or 2 yrs*

* Maximum penalty in the Local Court: s 283.