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BIOSECURITY ACT 2015 - SECT 622

Release from biosecurity control if aircraft or vessel leaves destination part

  (1)   This section applies if an aircraft or vessel:

  (a)   becomes subject to biosecurity control because of the application (the basic application ) of the affected provisions as described in section   620 in relation to a movement (the basic movement ) of the aircraft or vessel from the origin part to the destination part; and

  (b)   the aircraft or vessel leaves the destination part.

  (2)   When the aircraft or vessel leaves the destination part, the aircraft or vessel is taken to be released under section   218 from the biosecurity control to which it was subject because of the basic application.

  (3)   If, when the aircraft or vessel leaves the destination part, it also leaves Australian territory as described in subsection   191(4), the aircraft or vessel does not become subject to biosecurity control again because of that subsection and the fact that the aircraft or vessel was subject to biosecurity control because of the basic application.

  (4)   To avoid doubt, subsection   (2) does not affect the status of the aircraft or vessel being or becoming subject to biosecurity control for reasons other than the basic application.

Example 1:   If the aircraft was subject to biosecurity control while in the destination part for reasons other than the basic application (such as having entered Australian territory from a foreign country when the aircraft entered the origin part), subsection   (2) does not treat the aircraft as being released from that control when the aircraft leaves the destination part.

Example 2:   Subsection   (2) does not prevent the vessel from becoming subject to biosecurity control because of an application, other than the basic application, of the affected provisions as described in section   620 in relation to the movement (the leaving movement ) involving leaving the destination part for the basic movement if:

(a)   the destination part for the basic movement is the origin part for the leaving movement; and

(b)   the leaving movement involves moving directly from the origin part for the leaving movement into the destination part for the leaving movement (whether or not the destination part for the leaving movement is the origin part for the basic movement).


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