Document ID: chunk:federal_register_of_legislation:C2025C00015:section:428
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 428
Character Range: 677905–679379

428  Biosecurity industry participant must carry out biosecurity activities in accordance with approved arrangement etc.
 (1) A biosecurity industry participant contravenes this subsection if:
 (a) the biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant; and
 (b) the biosecurity industry participant:
 (i) fails to carry out the biosecurity activities in accordance with the arrangement; or
 (ii) fails to comply with any requirements specified in the arrangement; or
 (iii) fails to comply with any conditions to which the arrangement is subject.
Note 1: See section 427 in relation to when a biosecurity industry participant is authorised to carry out biosecurity activities in accordance with an approved arrangement covering the biosecurity industry participant.
Note 2: The physical elements of an offence against subsections (2) and (2A) are set out in this subsection (see section 534).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

Strict liability offence
 (2A) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 1,000 penalty units.