Western Australia Biosecurity and Agriculture Management Act 2007 Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013 Western Australia Biosecurity and Agriculture Management (Infringement Notices) Regulations 2013 Contents 1. Citation 1 2. Commencement 1 3. Infringement notices 1 4. Forms 1 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 table 19 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 INFRINGEMENT NOTICE 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 $_____ 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, you may be disqualified from holding or obtaining a driver's licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, 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. TAKE NOTICE 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. Tick the relevant box below and post this notice to: [Insert address] I 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. I want to pay the modified penalty by credit card. Please debit my credit card account. Card type _____________________________ How to pay By post 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 1 amended: SL 2020/160 r. 4.] Form 2 — Withdrawal of infringement (section 127) Biosecurity and Agriculture Management Act 2007 section 127 Withdrawal no. WITHDRAWAL OF INFRINGEMENT NOTICE 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 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. Withdrawal of infringement notice *Your refund is enclosed [*Delete whichever is not applicable] 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 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)) Agriculture and Food Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 2 SL 2020/160 25 Sep 2020 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))