Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013

 

Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013

Contents

1.Citation1

2.Commencement1

3.Infringement notices1

4.Forms1

Schedule 1 — Prescribed offences and modified penalties

Division 1 — Biosecurity and Agriculture Management Act 2007

Division 2 — Biosecurity and Agriculture Management Regulations 2013

Division 3 — Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

Division 4 — Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013

Division 5 — Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Division 6 — Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020

Schedule 2 — Forms

Notes

Compilation table19

 

Biosecurity and Agriculture Management Act 2007

Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013

1.Citation

These regulations are the Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day after that day.

3.Infringement notices

(1)The offences specified in Schedule 1 are offences for which an infringement notice may be issued under section 126 of the Act.

(2)The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 126 of the Act.

4.Forms

For the purposes of sections 126 and 127 of the Act, the forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.

 

Schedule 1 — Prescribed offences and modified penalties

[r. 3]

Division 1 — Biosecurity and Agriculture Management Act 2007

Offences under Biosecurity and Agriculture Management Act 2007

Modified penalty

$

s. 15(1)

Importing prohibited organism (other than high impact organism) except in accordance with import permit and regulations



1 000

s. 15(2)

Importing unlisted organism except in accordance with import permit and regulations


400

s. 15(3)

Importing prescribed potential carrier (other than of a high impact organism) if import not permitted under, or not in accordance with, regulations



1 000

s. 19(2)

Commercial passenger carrier failing to give passengers prescribed import information


300

s. 19(3)

Commercial passenger carrier failing to provide secure facility to deposit imported organisms and potential carriers



300

s. 19(4)

Commercial passenger carrier failing to dispose of organism or potential carrier in accordance with regulations



400

s. 20(2)

Commercial carrier failing to give notice of transport of declared pest or potential carrier in accordance with regulations



300

s. 21(3)

Failing to present to inspector imported organism or prescribed potential carrier or import permit, or to provide relevant information



400

s. 23(1)

Dealing with declared pest (other than high impact organism) in prohibited manner


1 000

s. 23(3)

Contravening regulations in respect of moving declared pest (other than high impact organism) or animal, plant or thing infected or infested with declared pest (other than high impact organism)




400

s. 24(2)

Contravening regulations or management plan in relation to introduction of declared pest etc. (other than in relation to high impact organism)



400

s. 24(4)

Contravening regulations or management plan in relation to supply of declared pest etc. (other than in relation to high impact organism)



400

s. 25

Keeping, breeding, cultivating or supplying declared pest (other than high impact organism) contrary to Act or authorisation



400

s. 29

Failing to comply with pest exclusion notice

400

s. 30(2)

Owner or other person in control of organism or thing failing to take prescribed control measures to control declared pest



400

s. 30(3)

Owner or occupier of land failing to take prescribed control measures to control declared pest


400

s. 32

Failing to comply with pest control notice (other than in relation to high impact pest)


1 000

s. 52(4)

Using land in contravention of residue management notice


1 000

s. 56(1)

Dealing with chemical product without prescribed qualification or authorisation


1 000

s. 56(2)

Dealing with chemical product without giving notice in accordance with regulations


1 000

s. 56(3)

Dealing with chemical product other than in accordance with regulations


1 000

s. 56(4)

Advising on dealing with chemical product other than in accordance with regulations


1 000

s. 56(5)

Dealing with chemical product when regulations prohibit dealing


1 000

s. 56(6)

Failing to comply with regulations in relation to keeping records about dealing with chemical product


1 000

s. 57

Failing to comply with regulations providing for dealing with thing treated, or not treated, with chemical product or information about dealing



1 000

s. 92

Contravening section relating to inspectors, directions and information


400

Division 2 — Biosecurity and Agriculture Management Regulations 2013

Offences under Biosecurity and Agriculture Management Regulations 2013

Modified penalty

$

r. 11(6)

Keeping certain potential carriers other than as authorised by, and in accordance with, permit


100

r. 24(2)

Inoculating vertebrate with product containing declared pest


200

r. 26(2)

Advertising supply of declared pest

100

r. 26(5)

Failing to comply with requirement to discontinue advertisement or publish notice of advice


100

r. 30(4)

Removing biosecurity sign

200

r. 32(4)

Holding or participating in exhibition or sale of vertebrates, or causing gathering of vertebrates, in contravention of prohibition or condition



400

r. 33(1)

Making results of unauthorised test public

400

r. 34(2)

Moving stock from abattoir without permit

200

r. 34(3)

Moving stock from feedlot without authority

200

r. 36(4)

Failing to keep record of search or surveillance

100

r. 36(5)

Failing to comply with search or surveillance direction


100

r. 40(2)

Interfering with pest control device

200

r. 45(2)

Setting trap for vertebrate without permit

200

r. 45(3)

Failing to take action in relation to trap as required by regulations


200

r. 48

Using barrier fence without consent

200

r. 49

Damaging or misusing barrier fence

200

r. 50(1)

Driving or keeping animal near barrier fence

200

r. 51

Travelling along barrier fence reserve

200

r. 54(2)

Making false claim in relation to detection, removal or destruction of declared pest


200

r. 57

Failing to comply with quarantine notice

400

r. 58(1)

Failing to give notice or advise of quarantine notice

400

r. 58(2)

Person on quarantined place failing to comply

400

r. 64(7)

Failing to comply with direction about warning sign

200

r. 64(8)

Removing or interfering with warning sign

200

r. 65(4)

Entering quarantined place in contravention of direction


400

r. 66(5)

Moving organism in contravention of movement notice


400

r. 69(1)

Interfering with approved movement of organism of concern or potential carrier


400

r. 69(2)

Interfering with identification on organism of concern or potential carrier


400

r. 70

Outgoing owner failing to notify Director General and new owner


200

r. 75(4)

Failing to give notice of intention to import

300

r. 76

Failing to give notice of intention to import under Commonwealth permit


200

r. 79(6)

Failing to comply with requirements relating to presentation of organism or carrier for inspection


400

r. 82(3)

Failing to comply with requirement of warning sign

400

r. 82(4)

Failing to keep conveyance stationary upon stopping in accordance with warning sign


400

r. 83

Damaging or interfering with warning sign

400

r. 84

Failing to keep conveyance stationary when required to stop by inspector


400

r. 85(2)

Failing to give copy of direction to person to whom control of thing is transferred


400

r. 86(7)

Failing to comply with direction about untended plants, bees or apiaries


200

r. 86A(1)

Failing to keep bees in hive of approved design

200

r. 87(1)

Storing hive without closing entrance

200

r. 87(4)

Failing to comply with notice about storing hive

200

r. 98

Contravening condition on permit

400

r. 104(3)

Permit holder failing to give information as required

100

r. 105

Falsely holding out as permit holder

400

r. 115

Contravening condition of quarantine facility approval

400

r. 119(9)

Failing to comply with requirement in closure notice

400

r. 123(1)

Altering quarantine facility without approval

400

r. 124

Falsely holding out as person in whose name quarantine facility is approved


400

[Division 2 amended: Gazette 6 Sep 2019 p. 3195.]

Division 3 — Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

Offences under Biosecurity and Agriculture Management (Agriculture Standards) Regulations 2013

Modified penalty

$

r. 10(6)

Failing to comply with duty or obligation in residue quarantine notice


2 000

r. 20B

Failing to ensure that cattle treated with HGP is marked as required


500

r. 20C(3)

Failing to ensure that ear punch mark on animal treated with HGP remains permanently identifiable


500

r. 20D(4)

Declaring animal is HGP free if person has treated animal with HGP or not obtained a declaration that animal is HGP free from previous owner



500

r. 20D(5)

Making false claim in relation to declaration that animal is HGP free


500

r. 25

Failing to produce animal feed in accordance with approved quality assurance scheme


500

r. 27(1)

Failing to label manufactured animal feed container (weighing 5 kg or more) in accordance with regulations



200

r. 27(2)

Failing to label manufactured animal feed container (weighing less than 5 kg) in accordance with regulations



200

r. 27(3)

Failing to include vitamin or mineral information on manufactured animal feed container label


200

r. 27(4)

Failing to label delivery docket (for bulk supply of manufactured animal feed) in accordance with regulations



200

r. 27(5)

Failing to label container or docket (for single transaction supply of 500 kg of manufactured animal feed) in accordance with regulations



200

r. 27(6)

Failing to label container or docket (for manufactured animal feed containing veterinary chemical product) in accordance with regulations



200

r. 29(1)

Supplying animal feed after expiry date has passed

200

r. 29(2)

Person who is not manufacturer supplying container of manufactured animal feed contrary to label


200

r. 29(3)

Supplying animal feed contrary to export label

200

r. 29(4)

Feeding stock animal feed contrary to export label

200

r. 29(5)

Storing animal feed contrary to instructions on label or delivery docket


200

r. 31

Failing to hold or store manufactured animal feed in a manner which prevents it coming into contact with restricted animal material



500

r. 32(4)

Giving animal feed containing restricted animal material to ruminant


500

r. 32(5)

Putting animal feed for ruminants in container that has been used for packing restricted animal material


500

r. 33(3)

Failing to label certain manufactured animal feed as containing restricted animal material


200

r. 33(4)

Failing to label certain manufactured animal feed as not containing restricted animal material


200

r. 36

Doing thing in relation to prohibited pig feed in contravention of regulations


500

r. 39

Failing to label fertiliser as required by regulations

200

r. 45

Selling immature citrus fruit intended for consumption as fresh fruit


200

r. 47

Selling immature table grapes intended for consumption as fresh fruit


200

[Division 3 amended: Gazette 16 Jun 2015 p. 2072.]

Division 4 — Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013

Offences under Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013

Modified penalty

$

r. 7(1)

Owning or purchasing stock when not registered

200

r. 10(1)

Operating a non‑farming property when not registered

200

r. 13(1)

Being or becoming a beekeeper when not registered

200

r. 18

Failing to give notice of the movement of stock to farming property in certain circumstances

200

r. 19(1)

Registered person failing to give notice of change of address

200

r. 19(2)

Registered beekeeper failing to give notice of change of place of residence or business

200

r. 38(8)

Permit holder failing to comply with requirement

200

r. 39

Failing to give to inspector unused device or identification equipment after registered identifier ceases to be allotted to person

500

r. 40(1)

Possessing device or identification equipment when not registered owner of the identifier

200

r. 40(2)

Having on property a device or identification equipment contrary to regulations

500

r. 40(4)

Removing device or identification equipment from property contrary to regulations

500

r. 49(1)

Failing to give NLIS device to inspector

200

r. 62(5)

Failing to retain confirmation of registration record where person supplied with device or identification equipment

200

r. 62(7)

Failing to comply with direction to give record made under this regulation to approved person

500

r. 65(2)

Failing to retain confirmation of registration record where person supplied with NLIS device

200

r. 65(4)

Failing to comply with direction to give record made under this regulation to approved person

500

r. 67(5)

Failing to retain confirmation of registration record where person supplied with NLIS tag

200

r. 67(7)

Failing to comply with direction to give record made under this regulation to approved person

500

r. 70(7)

Failing to retain identification exemption certificate for specified time

200

r. 73(1)

Possessing or controlling live animal not identified in accordance with regulations

500

r. 76(1)

Failing to identify certain cattle or buffalo in the south‑west of the State in accordance with regulations

200

r. 76(2)

Failing to identify certain cattle or buffalo in accordance with regulations

200

r. 88(2)

Failing to keep animal without NLIS separate from other animals

200

r. 89(2)

Failing to give information to saleyard operator as required

500

r. 104(1)

Saleyard operator failing to apply NLIS post breeder device to animal or update NLIS database

500

r. 104(3)

Saleyard operator failing to hold animals at saleyard and inform inspector

200

r. 105

Saleyard operator failing to comply with direction of inspector

500

r. 108(1)

Saleyard operator moving animal from saleyard contrary to regulations

500

r. 110(2)

Abattoir operator failing to comply with direction of inspector

500

r. 116(2)

Export depot operator failing to comply with direction of inspector

500

r. 128

Moving sheep or goat from farming property contrary to regulations

500

r. 129A(1)

Moving pig less than 25 kg from farming property contrary to regulations

500

r. 129A(2)

Moving pig 25 kg or more from farming property contrary to regulations

500

r. 135(2)

Failing to give information to saleyard operator as requested

500

r. 143(2)

Holding yard operator failing to comply with direction given by inspector

500

r. 148(2)

Saleyard operator failing to apply NLIS post breeder tag to animal

500

r. 149(2)

Saleyard operator failing to comply with direction given by inspector

500

r. 150

Saleyard operator failing to apply NLIS post breeder tag to animal born at saleyard

500

r. 152(1)

Saleyard operator failing to record movement of consignment of animals to or from saleyard

500

r. 154(2)

Abattoir operator failing to comply with direction given by inspector

500

r. 161(2)

Export depot operator failing to comply with direction given by inspector

500

r. 165(1)

Owner of deer (other than imported deer or deer from pound) failing to identify it in accordance with regulations

200

r. 165(2)

Owner of imported deer failing to identify it in accordance with regulations

200

r. 165(3)

Owner of deer from pound failing to identify it in accordance with regulations

200

r. 170(1)

Owner of horse or donkey kept on property in south‑west of State failing to identify it in accordance with regulations

200

r. 170(2)

Owner of horse or donkey kept on property not in south‑west of State failing to identify it in accordance with regulations

200

r. 170(3)

Owner of imported horse or donkey failing to identify it in accordance with regulations

200

r. 170(4)

Owner of horse or donkey from pound failing to identify it in accordance with regulations

200

r. 181(1)

Owner of South American camelid (other than imported South American camelid or South American camelid from pound) failing to identify it in accordance with regulations

200

r. 181(2)

Owner of imported South American camelid failing to identify it in accordance with regulations

200

r. 181(3)

Owner of South American camelid from pound failing to identify it in accordance with regulations

200

r. 189

Causing or permitting animal to be moved from property or land without giving carrier a waybill

500

r. 190(5)

Failing to retain copy of waybill or other transport document for specified time

200

r. 192(1)

Purchaser failing to give carrier copies of waybill in certain circumstances

500

r. 192(2)

Carrier failing to attach waybill from purchaser to other waybill

200

r. 196(9)

Failing to comply with direction to give to inspector movement permit or copy

500

r. 199(1)

Possessing or controlling animal being moved without transport document

500

r. 200(3)

Carrier failing to retain copy of transport document for specified time

200

r. 201(3)

Property operator failing to retain copy of transport document for specified time

200

r. 202

Beekeeper failing to identify hives with registered identifier

200

r. 207

Possessing unidentified hive

200

r. 208(1)

Beekeeper failing to display notice

200

r. 209(3)

Beekeeper failing to retain record of establishment, or removal, of apiary

200

r. 210(2)

Beekeeper failing to retain recording confirming registration of other person

200

[Division 4 amended: Gazette 27 Jun 2019 p. 2452.]

Division 5 — Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Offences under Biosecurity and Agriculture Management (Quality Assurance and Accreditation) Regulations 2013

Modified penalty

$

r. 15(3)

Failing to return accreditation document

100

r. 17

Contravening accreditation condition

200

r. 18(1)

Giving assurance certificate without authority

400

Division 6 — Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020

[Heading inserted: SL 2020/130 r. 7.]

Offence under Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020

Modified penalty

$

r. 4(1)

Failing to ensure record of use of agricultural chemical product is made no later than 7 days after the use and to keep record for 2 years

400

[Division 6 inserted: SL 2020/130 r. 7.]

Schedule 2  Forms

[r. 4]

Form 1 — Infringement notice (section 126)


Biosecurity and Agriculture Management Act 2007 section 126

INFRINGEMENT NOTICE

Infringement
notice no.

Alleged offender

Name

 

 

Address

 

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

 

Details of offence

 

 

Date

Date of notice

 

Inspector

Name

 

Signature

 

Modified penalty

$_________

Penalty

Individual

$_____

You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.

Body corporate

$_____

TAKE NOTICE

It is alleged that you have committed the above offence.

If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Director General within 28 days after the date of this notice.

If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.

If you need more time to pay the modified penalty, you should contact the Director General at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.

If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20
and post this notice to the Director General at the address below within 28 days after the date of this notice.

If you consider that you have good reason to have this notice withdrawn, you can write to the Director General at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.

How to pay

 

 

By post

Tick the relevant box below and post this notice to:

[Insert address]

 

rI want to pay the modified penalty. A cheque or money order (payable to the Director General, Department of Agriculture and Food) for the modified penalty is enclosed.

rI want to pay the modified penalty by credit card. Please debit my credit card account.

Card type _____________________________

Cardholder name _______________________

Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Expiry date of card _____/_____

Amount $__________

Signature ____________________

Complete all details

In person

Pay the cashier at:

[Insert address]

 

Method of service

 

Date of service

 

Form 2 — Withdrawal of infringement (section 127)


Biosecurity and Agriculture Management Act 2007 section 127

WITHDRAWAL OF INFRINGEMENT NOTICE

Withdrawal no.

Alleged offender

Name

 

 

Address

 

 

Details of infringement notice

Infringement notice no.

 

Date of issue

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

 

Details of offence

 

 

Signature of Director General or delegate

Name

 

 

Signature

 

Date

Date of withdrawal

 

Withdrawal of infringement notice

[*Delete whichever is not applicable]

 

The above infringement notice issued against you for the above alleged offence has been withdrawn.

If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.

*Your refund is enclosed

or

*If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:

[Insert address]

 

 

 

Your signature

 

Date

 

dline

 

 

Notes

This is a compilation of the Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation

Published

Commencement

Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013

24 Sep 2013 p. 4417-35

r. 1 and 2: 24 Sep 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Sep 2013 (see r. 2(b))

Biosecurity and Agriculture Management (Infringement Notices) Amendment Regulations 2015

16 Jun 2015 p. 2072

r. 1 and 2: 16 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 17 Jun 2015 (see r. 2(b))

Biosecurity and Agriculture Management Regulations Amendment Regulations (No. 2) 2019 Pt. 3

27 Jun 2019 p. 2407‑54

28 Jun 2019 (see r. 2(b))

Biosecurity and Agriculture Management Regulations Amendment Regulations  2019 Pt. 3

6 Sep 2019 p. 3195

7 Sep 2019 (see r. 2(b))

Biosecurity and Agriculture Management (Agricultural Chemical Record Keeping) Regulations 2020 Pt. 3

SL 2020/130 14 Aug 2020

11 Sep 2020 (see r. 2(b))