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BIOSECURITY ACT 2015 - SECT 143

Person in charge may allow goods to be unloaded from aircraft or vessel subject to direction etc.

             (1)  The person in charge of the aircraft or vessel may allow the goods to be unloaded from the aircraft or vessel at the landing place or port at which the aircraft or vessel has arrived.

Note:          Nothing may be unloaded from the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or the unloading is authorised by or under this Act or another Australian law (see sections 48 and 49).

             (2)  Subsection (1) has effect subject to:

                     (a)  sections 145, 146, 147, 148 and 151; and

                     (b)  any direction given under subsection (3) of this section.

             (3)  A biosecurity officer may give the person in charge of the aircraft or vessel a direction relating to the unloading of the goods from the aircraft or vessel (including a direction not to allow some or all of the goods to be unloaded from the aircraft or vessel).

Note:          See also section 572 (general provisions relating to directions).

             (4)  A person who is given a direction under subsection (3) must comply with the direction.

Fault-based offence

             (5)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (3); and

                     (b)  the person engages in conduct; and

                     (c)  the conduct contravenes the direction.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty:          120 penalty units.

             (7)  Subsections (5) and (6) do not apply if:

                     (a)  the person in charge of the aircraft or vessel gave another person a direction (the person in charge's direction ) under subsection 144(4); and

                     (b)  the person in charge's direction was in the same terms as the direction given under subsection (3) of this section; and

                     (c)  the other person did not comply with the person in charge's direction.

Note:          A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).



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