Aircraft must land at first point of entry
237 Aircraft must land at first point of entry
An aircraft that is subject to biosecurity control must not land at a landing place in Australian territory that is not a first point of entry for the aircraft, unless:
permission has been given under subsection 239(2) for the aircraft to land at that landing place; or
a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
Fault‑based offences
A person commits an offence if:
the person is the person in charge or the operator of an aircraft; and
the aircraft is subject to biosecurity control; and
the person permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
neither of the following applies:
permission has been given under subsection 239(2) for the aircraft to land at that landing place;
a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
The person in charge of an aircraft commits an offence if:
the aircraft is subject to biosecurity control; and
the operator of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
neither of the following applies:
permission has been given under subsection 239(2) for the aircraft to land at that landing place;
a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
The operator of an aircraft commits an offence if:
the aircraft is subject to biosecurity control; and
the person in charge of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
neither of the following applies:
permission has been given under subsection 239(2) for the aircraft to land at that landing place;
a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
Civil penalty provision
The person in charge and the operator of an aircraft are each liable to a civil penalty if:
the aircraft is subject to biosecurity control; and
the aircraft lands at a landing place in Australian territory that is not a first point of entry for the aircraft; and
neither of the following applies:
permission has been given under subsection 239(2) for the aircraft to land at that landing place;
a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
Civil penalty: 300 penalty units.
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