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BIOSECURITY ACT 2015 - SECT 206

Movement of certain aircraft and vessels

             (1)  This section applies in relation to an aircraft or vessel that is subject to biosecurity control because of subsection 191(2) or (4) (aircraft and vessels entering Australian territory).

             (2)  Subject to subsection (3), a biosecurity officer may:

                     (a)  give any of the following directions to the person in charge or the operator of the aircraft or vessel:

                              (i)  a direction not to move, deal with or interfere with the aircraft or vessel;

                             (ii)  a direction to move the aircraft or vessel, as soon as practicable, to a place specified by the biosecurity officer (including a place outside Australian territory);

                            (iii)  any other direction relating to the movement of the aircraft or vessel; or

                     (b)  cause the aircraft or vessel to be moved to another place (including a place outside Australian territory).

Note:          If a direction is given under paragraph (2)(a) in relation to an aircraft or vessel, and the direction is not complied with, the person in charge and the operator of the aircraft or vessel may each commit an offence or contravene a civil penalty provision (see section 215).

             (3)  A biosecurity officer must not, without the written approval of the Director of Biosecurity:

                     (a)  give a direction under subparagraph (2)(a)(ii) or (iii) requiring the aircraft or vessel to be moved to a place outside Australian territory; or

                     (b)  under paragraph (2)(b), cause the aircraft or vessel to be moved to a place outside Australian territory.

Note 1:       Before giving an approval under this subsection, the Director of Biosecurity must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       See also section 572 (general provisions relating to directions).



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