BIOSECURITY ACT 2015 - SECT 312B Requirement to notify of information about goods that have become suspended goods

BIOSECURITY ACT 2015 - SECT 312B

  (1)   This section applies if:

  (a)   the Director of Biosecurity has determined, under subsection   182(1), that specified goods or a specified class of goods ( suspended goods ) must not be brought or imported into Australian territory for a specified period (the suspension period ); and

  (b)   the suspension period has not ended.

Note:   The Director of Biosecurity may make a determination under subsection   182(1) in relation to goods, or a class of goods, only if the Director is satisfied that the level of biosecurity risk associated with the goods, or the class of goods, is unacceptable (see subsection   182(3)).

  (2)   The Director of Biosecurity may require a person in charge of goods that:

  (a)   are of the same kind as the suspended goods; and

  (b)   were brought or imported into Australian territory before the start of the suspension period; and

  (c)   have been released from biosecurity control;

to notify the Director, within a specified period, of the location of the goods and of any other information specified by the Director that the person has in relation to the goods.

Note 1:   A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information (see section   137.1 of the Criminal Code and section   532 of this Act).

Note 2:   This section is not subject to the privilege against self - incrimination (see section   635).

  (3)   A requirement under subsection   (2) may be made by publishing a notice or in any other way the Director of Biosecurity considers appropriate.

  (4)   The Director of Biosecurity may exercise the power under subsection   (2) in relation to goods for the purpose of assessing or managing the level of biosecurity risk associated with the goods.

Civil penalty provision

  (5)   A person who is aware of the requirement to notify the Director of Biosecurity of information under subsection   (2) must comply with the requirement.

Civil penalty:   120 penalty units.