Document ID: chunk:federal_register_of_legislation:C2025C00015:section:429
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 429
Character Range: 679379–681234

429  Biosecurity officer may give direction to biosecurity industry participant to manage biosecurity risks
 (1) If a biosecurity officer is satisfied that it is necessary to do so to manage biosecurity risks associated with the operation of an approved arrangement, a biosecurity officer may give the biosecurity industry participant covered by the arrangement a direction in relation to the operation of the arrangement.
 (2) A direction under subsection (1) may require the biosecurity industry participant:
 (a) to carry out an activity other than in accordance with an approved arrangement covering the biosecurity industry participant; or
 (b) not to carry out an activity in accordance with an approved arrangement covering the biosecurity industry participant.
 (3) However, a direction under subsection (1) must not require the biosecurity industry participant to carry out an activity that the biosecurity industry participant is not qualified, or does not have the expertise or resources, to carry out.
Note: See also section 572 (general provisions relating to directions).
 (4) A person who is given a direction under subsection (1) must comply with the direction.

Fault‑based offence
 (5) A person commits an offence if:
 (a) the person is given a direction under subsection (1); and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the direction.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

Strict liability offence
 (5A) A person commits an offence of strict liability if:
 (a) the person is given a direction under subsection (1); and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the direction.
Penalty: 60 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (4).
Civil penalty: 1,000 penalty units.