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Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

157: Penalties

You could also call this:

"What happens if you break the Biosecurity Act 1993 rules: penalties and fines"

If you break the law under the Biosecurity Act 1993, you might get a penalty. The penalty you get depends on what you did and whether you are an individual or a corporation. You can be fined or imprisoned, or both, depending on the offence.

If you commit an offence against section 154O(1) to (15), you can be imprisoned for up to 5 years or fined up to $100,000, or both, if you are an individual. If you are a corporation, you can be fined up to $200,000.

If you try to commit an offence against section 154O(15), you can also be imprisoned for up to 5 years or fined up to $100,000, or both, if you are an individual. If you are a corporation, you can be fined up to $200,000.

There are different penalties for different offences, such as those against section 154N(6) or (7) or 154O(16) to (18). For these offences, you can be imprisoned for up to 12 months or fined up to $50,000, or both, if you are an individual. If you are a corporation, you can be fined up to $100,000.

For some offences, like those against section 154N(8) to (11), you can be imprisoned for up to 3 months or fined up to $50,000, or both, if you are an individual. If you are a corporation, you can be fined up to $100,000.

For other offences, like those against section 154M, 154N(12) to (20), or 154O(19) to (21), you can be fined up to $5,000 if you are an individual. If you are a corporation, you can be fined up to $15,000.

If you break the rules made under this Act, you can be fined up to $5,000 if you are an individual. If you are a corporation, you can be fined up to $15,000.

There are also special penalties for some offences, like those against section 154N(20A) or section 154N(21). For these offences, you can be fined up to $1,000 if you are an individual. If you are a corporation, you can be fined up to $5,000 for an offence against section 154N(20A).

If you commit an offence against section 154NA(2) and you ought to have known the information was wrong, you can be fined up to $1,000 if you are an individual. If you are a corporation, you can be fined up to $5,000.

If you commit an offence against section 154NA(2) and you knew the information was wrong, you can be imprisoned for up to 6 months or fined up to $10,000 if you are an individual. If you are a corporation, you can be fined up to $50,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316723.

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Part 8Enforcement, offences, and penalties
Offences

157Penalties

  1. Every person who commits an offence against any of section 154O(1) to (15) is liable on conviction,—

  2. in the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
    1. in the case of a corporation, to a fine not exceeding $200,000.

      1. Every person who attempts to commit an offence against section 154O(15) is liable on conviction,—

      2. in the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
        1. in the case of a corporation, to a fine not exceeding $200,000.

          1. Every person who commits an offence against any of section 154N(6) or (7) or 154O(16) to (18) is liable on conviction,—

          2. in the case of an individual person, to imprisonment for a term not exceeding 12 months, a fine not exceeding $50,000, or both:
            1. in the case of a corporation, to a fine not exceeding $100,000.

              1. Every person who commits an offence against section 154N(8) to (11) is liable on conviction,—

              2. in the case of an individual person, to imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both:
                1. in the case of a corporation, to a fine not exceeding $100,000.

                  1. Every person who commits an offence against any of section 154M, 154N(12) to (20), or 154O(19) to (21) is liable on conviction,—

                  2. in the case of an individual person, to a fine not exceeding $5,000:
                    1. in the case of a corporation, to a fine not exceeding $15,000.

                      1. Every person who commits an offence against any regulations made under this Act is liable on conviction,—

                      2. in the case of an individual person, to a fine not exceeding $5,000:
                        1. in the case of a corporation, to a fine not exceeding $15,000.

                          1. Every person who commits an offence against section 154N(20A) is liable on conviction,—

                          2. in the case of an individual person, to a fine not exceeding $1,000:
                            1. in the case of a corporation, to a fine not exceeding $5,000.

                              1. Every person who commits an offence against section 154N(21) is liable on conviction to a fine not exceeding $1,000.

                              2. Every person who commits an offence against section 154NA(2), and in doing so under section 154NA(2)(a) ought reasonably to have known that the information had become erroneous or misleading in a material particular, is liable on conviction,—

                              3. in the case of an individual, to a fine not exceeding $1,000; or
                                1. in the case of a body corporate, to a fine not exceeding $5,000.

                                  1. Every person who commits an offence against section 154NA(2), and in doing so under section 154NA(2)(a) knew that the information had become erroneous or misleading in a material particular, is liable on conviction,—

                                  2. in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
                                    1. in the case of a body corporate, to a fine not exceeding $50,000.

                                      Notes
                                      • Section 157: replaced, on , by section 103 of the Biosecurity Amendment Act 1997 (1997 No 89).
                                      • Section 157(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(1): amended, on , by section 67(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(2): amended, on , by section 67(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(3): amended, on , by section 67(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(4): amended, on , by section 67(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(5): amended, on , by section 67(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(6A): inserted, on , by section 6 of the Biosecurity (Information for Incoming Passengers) Amendment Act 2022 (2022 No 55).
                                      • Section 157(7): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                                      • Section 157(7): amended, on , by section 67(6) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                                      • Section 157(7): amended, on , by section 5 of the Biosecurity Amendment Act 2009 (2009 No 66).
                                      • Section 157(8): inserted, on , by section 13 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).
                                      • Section 157(9): inserted, on , by section 13 of the Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 (2014 No 11).