Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A vessel that is subject to biosecurity control must not be moored at a port in Australian territory that is not a first point of entry for the vessel, unless:
(a) permission has been given under subsection 247(2) for the vessel to be moored at that port; or
(b) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Fault - based offences
(2) A person commits an offence if:
(a) the person is the person in charge or the operator of a vessel; and
(b) the vessel is subject to biosecurity control; and
(c) the person permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
(d) neither of the following applies:
(i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
(ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(3) The person in charge of a vessel commits an offence if:
(a) the vessel is subject to biosecurity control; and
(b) the operator of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
(c) neither of the following applies:
(i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
(ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(4) The operator of a vessel commits an offence if:
(a) the vessel is subject to biosecurity control; and
(b) the person in charge of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
(c) neither of the following applies:
(i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
(ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
(5) The person in charge and the operator of a vessel are each liable to a civil penalty if:
(a) the vessel is subject to biosecurity control; and
(b) the vessel is moored at a port in Australian territory that is not a first point of entry for the vessel; and
(c) neither of the following applies:
(i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
(ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Civil penalty: 300 penalty units.