BIOSECURITY ACT 2015 - SECT 186A Contravening conditions applying to conditionally non - prohibited goods brought or imported into Australian territory--concealment of goods

BIOSECURITY ACT 2015 - SECT 186A

  (1)   A person is liable to a civil penalty if:

  (a)   the person brings or imports goods into Australian territory; and

  (b)   the goods are conditionally non - prohibited goods; and

  (c)   a condition in relation to the goods specified in a determination in force under subsection   174(1) has not been complied with; and

  (d)   the goods are concealed for the purpose of preventing the goods from being found, or preventing the true nature of the goods from being determined, by a biosecurity official.

Civil penalty:   1,200 penalty units.

  (2)   Conceal goods includes any of the following:

  (a)   concealing or disguising the goods on a person, within any clothing worn by the person, within any other object located on the person or within any other object not located on the person (including by sewing, gluing, fastening, binding, wrapping, covering, enveloping or packaging the goods);

  (b)   incorrectly marking or labelling the goods or any packaging or container in which the goods are located;

  (c)   altering the goods (including by changing or suppressing the appearance, texture, smell or sound of the goods).

Exception

  (3)   Subsection   (1) does not apply if the person:

  (a)   did not do the act, or omit to do the act, that constituted the failure to comply with the condition referred to in paragraph   (1)(c); and

  (b)   did not aid, abet, counsel or procure that act or omission; and

  (c)   was not in any way knowingly concerned in, or party to, that act or omission (whether directly or indirectly and whether by any act or omission of the person).

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see section   96 of the Regulatory Powers Act).