Biosecurity (Infringement Offences) Amendment Regulations 2018

2018/228

Coat of Arms of New Zealand

Biosecurity (Infringement Offences) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 12th day of November 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 165(14)(c) to (i) of the Biosecurity Act 1993—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Biosecurity made after complying with section 164D of that Act.

Regulations

1 Title

These regulations are the Biosecurity (Infringement Offences) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 13 December 2018.

3 Principal regulations

These regulations amend the Biosecurity (Infringement Offences) Regulations 2010 (the principal regulations).

4 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in the Schedule of these regulations.

5 Schedule 2 amended

(1)

In Schedule 2, form 1, replace “Served by: [full name]” with “Served by: [full name or identifying number]”.

(2)

In Schedule 2, form 2, replace “Served by: [full name]” with “Served by: [full name or identifying number]”.

Schedule Schedule 1 replaced

r 4

Schedule 1 Infringement offences and fees

rr 3, 5

Provision of Biosecurity Act 1993General description of offenceInfringement fee ($)
IndividualCorporation
s 154N(12)(a)Failing to comply with section 17, which relates to providing notice of a craft’s intended arrival in New Zealand400800
s 154N(14)(a)Failing to make the declaration required by section 24J(b) or 24K(8)(b), setting out the steps taken to comply with an applicable craft risk management standard or a craft risk management plan, if an inspector requires the person to make the declaration400800
s 154N(17)(b)(i)Operating or purporting to operate a transitional facility or a containment facility when not approved as the facility’s operator400800
s 154N(17)(b)(v)Not complying with the operating standards for a transitional facility or a containment facility when operating or purporting to operate the facility400800
s 154N(20)Failing to answer within a reasonable time or failing to answer completely within a reasonable time, having been asked a question by an inspector or an automated electronic system while in a biosecurity control area100100
s 154N(21)Making an erroneous declaration that he or she is not in possession of specified goods400

Rachel Hayward,
for the Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 13 December 2018, amend the Biosecurity (Infringement Offences) Regulations 2010 (the principal regulations) by—

  • prescribing infringement offences in relation to a further 4 strict liability offences listed in section 154N of the Biosecurity Act 1993; and

  • setting the infringement fees for those infringement offences; and

  • providing an option on infringement offence forms for the serving officer to be identified by identifying number rather than by name.

Regulatory impact assessment

The Ministry for Primary Industries produced a regulatory impact assessment on 12 September 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact assessment can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 15 November 2018.

These regulations are administered by the Ministry for Primary Industries.