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BIOSECURITY ACT 2015 - SECT 239

Permission for aircraft to land at landing place that is not first point of entry for aircraft

             (1)  The person in charge or the operator of an aircraft that intends to land at a landing place in Australian territory may, in writing, request the Director of Biosecurity or the Director of Human Biosecurity to give permission for the aircraft to land at a specified landing place in Australian territory that is not a first point of entry for the aircraft.

Note:          The person in charge and the operator of the aircraft may also request permission for goods to be unloaded at the specified landing place (see section 146).

             (2)  If the Director of Biosecurity or the Director of Human Biosecurity receives a request under subsection (1), the Director may, by written notice to the person in charge or the operator of the aircraft, give permission for the aircraft to land at the landing place specified in the request.

             (3)  The Director of Biosecurity or the Director of Human Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.

Fault-based offences

             (4)  A person commits an offence if:

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

                     (b)  the person has been given a permission under subsection (2); and

                     (c)  the permission is subject to conditions; and

                     (d)  the person engages in conduct; and

                     (e)  the conduct contravenes the conditions.

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

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

                     (a)  the operator of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

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

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

                     (a)  the person in charge of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

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

Civil penalty provision

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

                     (a)  the person in charge or the operator of the aircraft has been given a permission under subsection (2); and

                     (b)  the permission is subject to conditions; and

                     (c)  the conditions are not complied with.

Civil penalty:          120 penalty units.



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