Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 303

Directions about movement of vessel

             (1)  This section applies if the Director of Biosecurity has clear grounds for believing that an offence against this Chapter, except section 267 or 268, has been committed involving:

                     (a)  an Australian vessel; or

                     (b)  a foreign vessel in Australian seas.

             (2)  The Director of Biosecurity may direct the person in charge of the vessel to do one or more of the following:

                     (a)  remove the vessel from a port or offshore terminal within the outer limits of the exclusive economic zone of Australia as soon as practicable;

                     (b)  keep the vessel out of a port or offshore terminal within the outer limits of the exclusive economic zone of Australia;

                     (c)  take the vessel to the nearest suitable repair yard or sediment reception facility as soon as practicable;

                     (d)  keep the vessel in a specified location.

Note 1:       Before giving a direction under this subsection, a biosecurity official must be satisfied of the matters referred to in section 32 (the principles).

Note 2:       A person who fails to comply with a direction given under this subsection may commit an offence (see section 305).

Note 3:       A decision to give a direction under this subsection is a reviewable decision (see Part 1 of Chapter 11).

             (3)  The person in charge of the vessel must comply with the direction.



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