Document ID: chunk:federal_register_of_legislation:F2024C00829:reg:78
Version: federal_register_of_legislation:F2024C00829
Segment Type: reg
Provision Reference: reg 78
Character Range: 150083–152490

78  Other biosecurity measures relating to goods or conveyances—export from Australian territory
 (1) This section applies in relation to the following goods or conveyances:
 (a) goods that have been released from biosecurity control;
 (b) goods that include, or have been constructed or manufactured using, goods that have been released from biosecurity control;
 (c) a conveyance that has been released from biosecurity control;
 (d) a conveyance that has on board, or has been built or manufactured using, goods that have been released from biosecurity control.
 (2) For section 346 of the Act, a biosecurity officer may require the goods or conveyance to be exported from Australian territory.
Note 1: Limitations apply to the exercise of a power provided by this subsection (see subsection 346(5) of the Act).
Note 2: Division 4 of Part 3 of Chapter 6 of the Act provides for other powers that may be exercised in relation to goods or a conveyance in relation to which the biosecurity measure under this subsection has been required.
Note 3: Division 5 of Part 3 of Chapter 6 of the Act provides for offences and civil penalty provisions that may apply if the biosecurity measure under this subsection has been required to be taken in relation to goods or a conveyance. These are in addition to subsections (5) and (6) of this section.
 (3) If a biosecurity officer requires a conveyance to be exported from Australian territory, a biosecurity officer may direct the owner of the conveyance to arrange for the conveyance to be exported from Australian territory.
Note: The power in this subsection is in addition to the power given by subparagraph 347(1)(b)(i) of the Act. Under that subparagraph, a biosecurity officer may direct the person in charge or the operator of the conveyance to arrange for the conveyance to be exported from Australian territory.
 (4) A person who is given a direction under subsection (3) must comply with the direction.

Fault‑based offence
 (5) A person commits an offence if:
 (a) the person is given a direction under subsection (3); and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the direction.
Penalty: 50 penalty units.

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

Chapter 6—Approved arrangements

Part 1—Approval of proposed arrangement