Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:20
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 20
Character Range: 94584–96366

20  Unauthorised persons must not move etc. goods that have been isolated in or on premises where isolation notice has been affixed
 (1) A person contravenes this subsection if:
 (a) an isolation notice has been affixed under subsection 17(2):
 (i) to, or as near as reasonably practicable to, goods; or
 (ii) at an entry or exit point of premises in or on which goods have been isolated; and
 (b) the person moves, deals with or interferes with the goods; and
 (c) none of the following applies:
 (i) the person is authorised to engage in the conduct referred to in paragraph (b) in accordance with an approved arrangement;
 (ii) the person needs to engage in that conduct to comply with a direction given under the Act by a biosecurity official;
 (iii) the person has been given permission to engage in that conduct by a biosecurity officer.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534 of the Act).
 (2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under the Act or under another Australian law.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Note 2: Section 141 of the Act applies if an isolation notice has been affixed by a biosecurity officer to, or as near as reasonably practicable to, the goods under subsection 139(1) of the Act.

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: 50 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 50 penalty units.