154NSection 154N offences

1. The offences in this section are strict liability offences.

2. The prosecution is not required to prove that the defendant intended to commit an offence.

3. The defendant has a defence if the defendant proves that—

4. the action or event to which the prosecution relates was due to—
   1. the act or omission of another person; or
   2. an accident; or
   3. some other cause or circumstance outside the defendant's control; and
5. the defendant took all reasonable precautions and exercised due diligence to avoid—
   1. the commission of the particular offence; or
   2. the commission of offences of the same kind.

6. The defendant also has a defence if the defendant proves that—

7. the defendant's action was necessary for the purpose of—
   1. saving or protecting life or health; or
   2. preventing serious damage to property; or
   3. avoiding an actual or likely adverse effect on a natural and physical resource or human health; and
8. the defendant's action was reasonable in all the circumstances; and
9. the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the action after it occurred.

10. The defences in subsections (3) and (4) are available only if the defendant—

11. prepares a written notice for the prosecutor that—
    1. states the defendant's intention to rely on the defence; and
    2. includes the facts that support the defence; and
12. gives the notice to the prosecutor—
    1. at least 15 working days before the hearing date; or
    2. within another time that the court allows.

13. A person commits an offence against this Act who fails to comply with any of sections 16A, 18, 19, 25, 29(1), 30(2), 35(1), (3), (5), and (7), 35A, 40(6), 51(1), and 121B(2).

14. A person commits an offence against this Act who fails to comply with a condition imposed under section 27A or 29(2).

15. A person commits an offence against this Act who fails to comply with section 134(1)(b) or (1A).

16. A person commits an offence against this Act who fails to comply with a reasonable requirement made of him or her in accordance with and for the purposes of this Act by—

17. an official; or
18. an automated electronic system.

19. A person commits an offence against this Act who fails to comply with a reasonable direction given to him or her in accordance with and for the purposes of this Act by—

20. an official; or
21. an automated electronic system.

22. A person commits an offence against this Act who fails to comply with a compliance order.

23. A person commits an offence against this Act who fails to comply with—

24. any of sections 17, 17A, 34, 36, 51(3), 121(2), 121A(3), 132(9), and 141D(5):
25. a requirement imposed under section 100Q(2)(a) or 100ZG(2)(a) by an auditor acting under an authorisation:
26. regulations made under section 165(1) or (2).

27. A person commits an offence against this Act who provides false information, if an import health standard requires the person to provide information.

28. A person commits an offence against this Act who—

29. fails to make the declaration required by section 24J(b) or 24K(8)(b), if an inspector requires the person to make the declaration:
30. makes a false declaration under section 24J or 24K, if an inspector requires the person to make the declaration.

31. A person commits an offence against this Act who fails to keep statements, accounts, or records of leviable activity carried on by the person sufficient to satisfy the requirements of an order made under any of sections 100L, 100ZB, 137, and 140AA.

32. A person commits an offence against this Act who fails to maintain statements, accounts, or records of leviable activity carried on by the person to a sufficient standard to satisfy the requirements of an order made under any of sections 100L, 100ZB, 137, and 140AA.

33. A person commits an offence against this Act in the following circumstances:

34. the person operates or purports to operate a transitional facility or a containment facility; and
35. the person—
    1. is not approved as the facility operator of the facility; or
    2. has had the person's approval as the facility operator of the facility suspended; or
    3. operates or purports to operate a facility that does not have a facility approval; or
    4. operates or purports to operate a facility that has had its facility approval suspended; or
    5. does not comply with the operating standards for the facility.

36. A person commits an offence against this Act who fails to comply with a rule in a national pest management plan or a national pathway management plan that specifies that a contravention of the rule creates an offence against this Act.

37. A person commits an offence against this Act who fails to comply with a rule in a regional pest management plan or a regional pathway management plan that specifies that a contravention of the rule creates an offence against this Act.

38. A person commits an offence against this Act who—

39. is in a biosecurity control area; and
40. is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or itinerary of risk goods; and
41. fails—
    1. to answer the question within a reasonable time of its being asked; or
    2. to answer the question completely within a reasonable time of its being asked.

42. A person commits an offence against this Act who fails to comply with—

43. section 17AA; or
44. regulations made under section 165(1AA).

45. A person commits an offence against this Act who erroneously declares that he or she is not in possession of any or all of the goods specified in a declaration that the person is required to make about the goods.