Document ID: chunk:federal_register_of_legislation:C2025C00015:section:312c
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 312C
Character Range: 503711–505933

312C  Requirement to notify of information about goods that have become prohibited goods
 (1) This section applies if the Director of Biosecurity and the Director of Human Biosecurity jointly determine, under subsection 173(1), that specified goods or a specified class of goods (prohibited goods) must not be brought or imported into Australian territory.
Note: The Director of Biosecurity and the Director of Human Biosecurity may make a determination under subsection 173(1) in relation to specified goods, or a specified class of goods, only if each Director is satisfied of certain matters (see subsection 173(3)).
 (2) The Director of Biosecurity or the Director of Human Biosecurity may require a person in charge of goods that:
 (a) are of the same kind as the prohibited goods; and
 (b) were brought or imported into Australian territory before the goods became subject to a determination under subsection 173(1); and
 (c) have been released from biosecurity control;
to notify the Director of Biosecurity or the Director of Human Biosecurity (as the case may be), 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 or the Director of Human Biosecurity (as the case may be) considers appropriate.
 (4) The Director of Biosecurity or the Director of Human 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 or the Director of Human Biosecurity of information under subsection (2) must comply with the requirement.
Civil penalty: 120 penalty units.