Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 247

Permission for vessel to be moored at port that is not first point of entry for vessel

             (1)  The person in charge or the operator of a vessel that intends to be moored at a port in Australian territory may, in writing, request the Director of Biosecurity or the Director of Human Biosecurity to give permission for the vessel to be moored at a specified port in Australian territory that is not a first point of entry for the vessel.

Note:          The person in charge or the operator of the vessel may also request permission for goods to be unloaded at the specified port (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 vessel, give permission for the vessel to be moored at the port 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 a vessel; 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 a vessel commits an offence if:

                     (a)  the operator of the vessel 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 a vessel commits an offence if:

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

                     (a)  the person in charge or the operator of the vessel 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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