Australian Capital Territory Numbered Acts

BIOSECURITY ACT 2023 (NO. 50 OF 2023) - SECT 34

    (1)     A person must not deal with prohibited biosecurity matter.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if the person intentionally or negligently deals with prohibited biosecurity matter.

Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.

    (3)     An offence against subsection (1) is a strict liability offence.

    (4)     If, in a prosecution for an offence against this section, it is proved that prohibited biosecurity matter was on land occupied by the defendant, it is presumed, unless the contrary is proved, that the defendant had possession of the prohibited biosecurity matter.

    (5)     It is a defence to a prosecution for an offence against subsection (1) constituted by the defendant having prohibited biosecurity matter in their possession if the defendant proves that they did not know, and could not reasonably be expected to have known, that they had the prohibited biosecurity matter in their possession.

    (6)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

        (a)     they took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence; or

        (b)     they had a reasonable excuse for dealing with the prohibited biosecurity matter.

Note 1     The defendant has a legal burden in relation to the matters mentioned in ss (4), (5) and (6) (see Criminal Code

, s 59).

Note 2     A biosecurity permit may authorise a permit-holder to deal with prohibited biosecurity matter (see  s 62).