Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 238

  (1)   If:

  (a)   an aircraft that is subject to biosecurity control has landed at a first point of entry for the aircraft; and

  (b)   there is a biosecurity entry point for the aircraft at the first point of entry;

the aircraft must be brought to that biosecurity entry point as soon as practicable.

Note:   Goods that are to be unloaded from the aircraft must generally be brought to a biosecurity entry point (if any) for the goods (see sections   147 and 148).

Fault - based offences

  (2)   A person commits an offence if:

  (a)   the person is the person in charge or the operator of an aircraft; and

  (b)   the aircraft is subject to biosecurity control; and

  (c)   the aircraft has landed at a first point of entry for the aircraft; and

  (d)   there is a biosecurity entry point for the aircraft at the first point of entry; and

  (e)   the person does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (3)   The person in charge of an aircraft commits an offence if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   the aircraft has landed at a first point of entry for the aircraft; and

  (c)   there is a biosecurity entry point for the aircraft at the first point of entry; and

  (d)   the operator of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

  (4)   The operator of an aircraft commits an offence if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   the aircraft has landed at a first point of entry for the aircraft; and

  (c)   there is a biosecurity entry point for the aircraft at the first point of entry; and

  (d)   the person in charge of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provision

  (5)   The person in charge and the operator of an aircraft are each liable to a civil penalty if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   the aircraft has landed at a first point of entry for the aircraft; and

  (c)   there is a biosecurity entry point for the aircraft at the first point of entry; and

  (d)   the aircraft is not brought to that biosecurity entry point as soon as practicable.

Civil penalty:   300 penalty units.