(1) A person contravenes this subsection if:
(a) the person receives, or has in the person's possession, goods; and
(b) the goods were unloaded from a vessel in Australian territory; and
(c) the goods are subject to biosecurity control; and
(d) the vessel was displaying the prescribed quarantine signal when the goods were unloaded; and
(e) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;
.. (ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
(iii) the person has been given permission to engage in that conduct under section 557.
Note 1: See section 221 in relation to when a vessel must display the prescribed quarantine signal.
Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
(2) Subsection (1) does not apply if:
(a) the person is authorised to engage in the conduct referred to in paragraph (1)(a) under this Act or under another Australian law; or
(b) the person did not know, and could not reasonably be expected to have known, that the vessel was displaying the prescribed quarantine signal when the goods were unloaded.
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).
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.