Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 144

Person may unload goods from aircraft or vessel subject to direction etc.

             (1)  A person may unload the goods 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) or (4) of this section.

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

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

             (4)  If the person in charge of the aircraft or vessel has been given a direction under subsection 143(3), the person in charge may, for the purpose of giving effect to that direction, give another person a direction relating to the unloading of the goods from the aircraft or vessel (including a direction not to unload some or all of the goods from the aircraft or vessel).

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

Fault-based offence

             (6)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (3) or (4); 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

             (7)  A person is liable to a civil penalty if the person contravenes subsection (5).

Civil penalty:          120 penalty units.



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