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BIOSECURITY ACT 2015 - SECT 245

Vessel must be moored at first point of entry

             (1)  A vessel that is subject to biosecurity control must not be moored at a port in Australian territory that is not a first point of entry for the vessel, unless:

                     (a)  permission has been given under subsection 247(2) for the vessel to be moored at that port; or

                     (b)  a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

Fault-based offences

             (2)  A person commits an offence if:

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

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

                     (c)  the person permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and

                     (d)  neither of the following applies:

                              (i)  permission has been given under subsection 247(2) for the vessel to be moored at that port;

                             (ii)  a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

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

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

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

                     (b)  the operator of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 247(2) for the vessel to be moored at that port;

                             (ii)  a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

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

             (4)  The operator of a vessel commits an offence if:

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

                     (b)  the person in charge of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 247(2) for the vessel to be moored at that port;

                             (ii)  a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

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

Civil penalty provision

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

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

                     (b)  the vessel is moored at a port in Australian territory that is not a first point of entry for the vessel; and

                     (c)  neither of the following applies:

                              (i)  permission has been given under subsection 247(2) for the vessel to be moored at that port;

                             (ii)  a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

Civil penalty:          120 penalty units.



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