Vessel must be moored at first point of entry
245 Vessel must be moored at first point of entry
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:
permission has been given under subsection 247(2) for the vessel to be moored at that port; or
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
A person commits an offence if:
the person is the person in charge or the operator of a vessel; and
the vessel is subject to biosecurity control; and
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
neither of the following applies:
permission has been given under subsection 247(2) for the vessel to be moored at that port;
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.
The person in charge of a vessel commits an offence if:
the vessel is subject to biosecurity control; and
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
neither of the following applies:
permission has been given under subsection 247(2) for the vessel to be moored at that port;
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.
The operator of a vessel commits an offence if:
the vessel is subject to biosecurity control; and
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
neither of the following applies:
permission has been given under subsection 247(2) for the vessel to be moored at that port;
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.
Civil penalty provision
The person in charge and the operator of a vessel are each liable to a civil penalty if:
the vessel is subject to biosecurity control; and
the vessel is moored at a port in Australian territory that is not a first point of entry for the vessel; and
neither of the following applies:
permission has been given under subsection 247(2) for the vessel to be moored at that port;
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.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.