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BIOSECURITY ACT 2015 - SECT 192

Conveyances exposed to other conveyances that are subject to biosecurity control

             (1)  This section applies in relation to a conveyance that is not already subject to biosecurity control if:

                     (a)  the conveyance is exposed to:

                              (i)  an aircraft or vessel that is subject to biosecurity control because of subsection 191(2) or (4); or

                             (ii)  a conveyance that is subject to biosecurity control because of subsection (2), (3) or (5) of this section; or

                            (iii)  goods that are subject to biosecurity control and are of a kind prescribed by the regulations; or

                     (b)  in the course of a journey by the conveyance:

                              (i)  the conveyance leaves Australian territory; and

                             (ii)  the conveyance is exposed to another conveyance while it is outside Australian territory; and

                            (iii)  after being exposed to the other conveyance, the conveyance re-enters Australian territory.

Note 1:       In this Chapter, a conveyance does not include a conveyance (the carried conveyance ) brought or imported into Australian territory from outside Australian territory on board another conveyance until the carried conveyance is released from biosecurity control as goods (see section 16).

Note 2:       See section 17 for the meaning of exposed to .

             (2)  A conveyance (an exposed conveyance ) that is exposed to an aircraft or vessel, another conveyance or goods as referred to in paragraph (1)(a) becomes subject to biosecurity control when it is exposed to that aircraft, vessel, other conveyance or goods.

             (3)  A conveyance (also an exposed conveyance ) to which paragraph (1)(b) applies becomes subject to biosecurity control when it re-enters Australian territory.

             (4)  An exposed conveyance remains subject to biosecurity control until it is released from biosecurity control.

Note:          Division 7 deals with releasing conveyances from biosecurity control.

             (5)  If an exposed conveyance is released from biosecurity control under paragraph 218(1)(d) by leaving Australian territory during a journey between places in Australian territory, the exposed conveyance becomes subject to biosecurity control again when it re-enters Australian territory during that journey.

Note:          A conveyance is released from biosecurity control under paragraph 218(1)(d) if it leaves Australian territory.

             (6)  The Director of Biosecurity may, by legislative instrument, determine that this section does not apply in relation to:

                     (a)  specified conveyances; or

                     (b)  specified conveyances in specified circumstances.

Note 1:       A determination under this subsection may make different provision with respect to different classes of conveyances (see subsection 33(3A) of the Acts Interpretation Act 1901 ).

Note 2:       For variation and revocation, see subsections 33(3) and (3AA) of the Acts Interpretation Act 1901 .



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