Document ID: chunk:federal_register_of_legislation:C2025C00015:section:432
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 432
Character Range: 683827–685740

432  Costs of dealing with biosecurity incidents
 (1) If a relevant court is satisfied that:
 (a) a person, who is or was a biosecurity industry participant covered by an approved arrangement, failed to carry out biosecurity activities in accordance with the arrangement or failed to comply with a condition or other requirement of the arrangement (other than to the extent necessary to comply with a direction given under subsection 429(1)); and
 (b) an incident (a biosecurity incident) occurred in relation to the operation of the approved arrangement; and
 (c) the biosecurity incident was caused by the failure referred to in paragraph (a); and
 (d) the Commonwealth incurred costs in dealing with the biosecurity incident;
the court may, on application by the relevant Director, make an order (a costs order) requiring the person to pay to the Commonwealth the whole, or a part, of the costs incurred by the Commonwealth.
 (2) An application by the relevant Director for a costs order in relation to a biosecurity incident must be made within 6 years after the biosecurity incident occurred.
 (3) In deciding whether to make a costs order in relation to a biosecurity incident, the relevant court may have regard to the following matters:
 (a) the nature and extent of the failure referred to in paragraph (1)(a);
 (b) the circumstances in which the biosecurity incident occurred;
 (c) the nature and extent of any damage caused by the failure referred to in paragraph (1)(a);
 (d) the level of biosecurity risk associated with the biosecurity incident;
 (e) the amount of the costs incurred by the Commonwealth in dealing with the biosecurity incident;
 (f) whether a costs order under this section has previously been made against the person in relation to any other biosecurity incident;
 (g) any other matter the court considers relevant.

Part 7—Other provisions

Division 1—Applications for approval