Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 193

Initial report

  (1)   The operator of an aircraft or vessel must give a report if:

  (a)   it is intended that the aircraft or vessel enter, or the aircraft or vessel enters, Australian territory:

  (i)   on a flight or voyage that commenced outside Australian territory; or

  (ii)   after being exposed to another conveyance while outside Australian territory; or

  (b)   it is intended that the aircraft or vessel be, or the aircraft or vessel is, exposed to:

  (i)   a conveyance that is subject to biosecurity control; or

  (ii)   goods referred to in subparagraph   192(1)(a)(iii).

Note 1:   A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections   137.1 and 137.2 of the Criminal Code and sections   532 and 533 of this Act).

Note 2:   The obligation in this subsection applies whether or not the operator of the aircraft or vessel is in Australian territory when the operator is required to give the report (see subsection   (7) of this section).

Other reports

  (1A)   The operator of the aircraft or vessel must give one or more other reports, as required by the regulations, in relation to the aircraft or vessel:

  (a)   if the aircraft or vessel is included in a class of aircraft or vessels that is prescribed by the regulations for the purposes of this paragraph; or

  (b)   in the circumstances prescribed by the regulations for the purposes of this paragraph.

Requirements for reports

  (2)   A report under this section must:

  (a)   include the information in relation to the aircraft or vessel that is prescribed by the regulations; and

  (b)   be given in the manner, and to the person, prescribed by the regulations; and

  (c)   be given at a time, or during the period, prescribed by the regulations (which may be before or after the aircraft or vessel enters Australian territory, or is exposed to another conveyance in Australian territory, as referred to in subsection   (1)); and

  (d)   be in a form or forms approved by the Director of Biosecurity.

Note:   The regulations may prescribe different requirements for reports for different classes of aircraft or vessels (see subsection   33(3A) of the Acts Interpretation Act 1901 ).

  (3)   The regulations may prescribe exceptions to the requirement to give a report under this section.

Note:   A defendant bears an evidential burden in relation to any exception prescribed for the purposes of this subsection   (see subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

Failure to give report

  (4)   A person contravenes this subsection if:

  (a)   the person is required to give a report under subsection   (1) or (1A); and

  (b)   the person does not give the report in accordance with subsection   (2).

Note:   The physical elements of an offence against subsection   (5) are set out in this subsection   (see section   534).

Fault - based offence

  (5)   A person commits an offence if the person contravenes subsection   (4).

Penalty:   Imprisonment for 2 years or 1,000 penalty units, or both.

Civil penalty provision

  (6)   A person is liable to a civil penalty if the person contravenes subsection   (4).

Civil penalty:   1,000 penalty units.

Application to persons within and outside Australian territory

  (7)   Subsections   (4), (5) and (6) apply whether or not the person is in Australian territory when the person is required to give the report.

Note:   This section is not subject to the privilege against self - incrimination (see section   635).