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BIOSECURITY ACT 2015 - SECT 238

Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry

             (1)  If:

                     (a)  an aircraft that is subject to biosecurity control has landed at a first point of entry for the aircraft; and

                     (b)  there is a biosecurity entry point for the aircraft at the first point of entry;

the aircraft must be brought to that biosecurity entry point as soon as practicable.

Note:          Goods that are to be unloaded from the aircraft must generally be brought to a biosecurity entry point (if any) for the goods (see sections 147 and 148).

Fault-based offences

             (2)  A person commits an offence if:

                     (a)  the person is the person in charge or the operator of an aircraft; and

                     (b)  the aircraft is subject to biosecurity control; and

                     (c)  the aircraft has landed at a first point of entry for the aircraft; and

                     (d)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (e)  the person does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (3)  The person in charge of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the operator of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (4)  The operator of an aircraft commits an offence if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the person in charge of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision

             (5)  The person in charge and the operator of an aircraft are each liable to a civil penalty if:

                     (a)  the aircraft is subject to biosecurity control; and

                     (b)  the aircraft has landed at a first point of entry for the aircraft; and

                     (c)  there is a biosecurity entry point for the aircraft at the first point of entry; and

                     (d)  the aircraft is not brought to that biosecurity entry point as soon as practicable.

Civil penalty:          120 penalty units.



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