Document ID: chunk:federal_register_of_legislation:C2004C01375:clause:1_55d
Version: federal_register_of_legislation:C2004C01375
Segment Type: clause
Provision Reference: sch 1 cl 55D
Character Range: 17937–18927

55D  Private property—direction to owner or controller to carry out vector monitoring and control activities

 (1) The Director of Quarantine (Human Quarantine) or a Chief Quarantine Officer (Human Quarantine) may, in writing, direct a person who owns, or has control over, private property to carry out vector monitoring and control activities on the property if:
 (a) the property is, or is within, a monitoring and control area; and
 (b) the Director or Chief Quarantine Officer has reasonable grounds to believe that carrying out those activities on the property is necessary to ensure that a vector has not spread onto, or is not likely to become established on, the property.

 (2) The person must comply with the direction.

Maximum penalty: Imprisonment for 5 years.

 (3) Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).