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BIOSECURITY ACT 2015 - SECT 146

Permission to unload goods at landing place or port other than first point of entry for those goods

             (1)  The person in charge or the operator of the aircraft or vessel may, in writing, request the Director of Biosecurity to give permission for the goods to be unloaded at a landing place or port that is not a first point of entry for those goods.

Note:          A request under this subsection may be made at the same time as a request under section 239 or 247 is made for permission to arrive at a landing place or port that is not a first point of entry for the aircraft or vessel.

             (2)  If the Director of Biosecurity receives a request under subsection (1), the Director may, by notice in writing to the person in charge or the operator of the aircraft or vessel, give permission for the goods to be unloaded from the aircraft or vessel at the landing place or port specified in the request.

             (3)  The Director of Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.

Fault-based offences

             (4)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft or vessel; and

                     (b)  the person has been given a permission under subsection (2); and

                     (c)  the permission is subject to conditions; and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the conditions.

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

             (5)  The person in charge of an aircraft or vessel commits an offence if:

                     (a)  the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

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

             (6)  The operator of an aircraft or vessel commits an offence if:

                     (a)  the person in charge of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

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

Civil penalty provision

             (7)  The person in charge and the operator of an aircraft or vessel are each liable to a civil penalty if:

                     (a)  the person in charge or the operator of the aircraft or vessel has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Civil penalty:          120 penalty units.



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