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BIOSECURITY ACT 2015 - SECT 147

Goods must be brought to biosecurity entry point for those goods at first point of entry

             (1)  This section applies if:

                     (a)  the aircraft or vessel has arrived at a first point of entry for the aircraft or vessel; and

                     (b)  there is a biosecurity entry point at the first point of entry for goods that are to be unloaded from the aircraft or vessel.

Civil penalty provision

             (2)  The person in charge of the aircraft or vessel must ensure that goods that are to be unloaded from the aircraft or vessel are brought to the biosecurity entry point for those goods as soon as practicable, unless:

                     (a)  a biosecurity officer has given a direction under subsection (3) to the person in charge or the operator of the aircraft or vessel to bring the goods to an alternative biosecurity entry point at the first point of entry; or

                     (b)  permission has been given under subsection 148(2) for the goods to be brought to an alternative biosecurity entry point at the first point of entry.

Civil penalty:          120 penalty units.

Note 1:       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).

Note 2:       Goods must not be unloaded from the vessel if a direction has been given under subsection 143(3) or 144(3) or (4) not to unload the goods from the vessel.

Note 3:       Goods must not be unloaded from the vessel if it is displaying the prescribed quarantine signal (see section 151).

             (3)  A biosecurity officer may give the person in charge or the operator of the aircraft or vessel a direction requiring goods that are to be unloaded from the aircraft or vessel to be brought to a biosecurity entry point that is not a biosecurity entry point for those goods.

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

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 direction under subsection (3); and

                     (c)  the person engages in conduct; and

                     (d)  the conduct contravenes the direction.

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 direction under subsection (3); and

                     (b)  the direction is 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 direction under subsection (3); and

                     (b)  the direction is 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 direction under subsection (3); and

                     (b)  the direction is not complied with.

Civil penalty:          120 penalty units.



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