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BIOSECURITY ACT 2015 - SECT 152

Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal

             (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).

Fault-based offence

             (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.



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