Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person unloads goods from a vessel in Australian territory; and
(b) the goods are subject to biosecurity control; and
(c) the vessel is displaying the prescribed quarantine signal; and
(d) none of the following applies:
(i) the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;
(ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
(iii) the person has been given permission to engage in that conduct under section 557.
Note 1: See section 221 in relation to when a vessel must display the prescribed quarantine signal.
Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
(2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(a) under this Act or under another Australian law.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Fault - based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.