Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry
246 Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry
If:
a vessel that is subject to biosecurity control has been moored at a first point of entry for the vessel; and
there is a biosecurity entry point for the vessel at the first point of entry;
the vessel must be brought to that biosecurity entry point as soon as practicable.
Goods that are to be unloaded from the vessel must generally be brought to a biosecurity entry point (if any) for the goods (see sections 147 and 148).
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 vessel has been moored at a first point of entry for the vessel; and
there is a biosecurity entry point for the vessel at the first point of entry; and
the person does not ensure that the vessel is brought to that biosecurity entry point as soon as practicable.
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 vessel has been moored at a first point of entry for the vessel; and
there is a biosecurity entry point for the vessel at the first point of entry; and
the operator of the vessel does not ensure that the vessel is brought to that biosecurity entry point as soon as practicable.
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 vessel has been moored at a first point of entry for the vessel; and
there is a biosecurity entry point for the vessel at the first point of entry; and
the person in charge of the vessel does not ensure that the vessel 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
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 has been moored at a first point of entry for the vessel; and
there is a biosecurity entry point for the vessel at the first point of entry; and
the vessel is not brought to that biosecurity entry point as soon as practicable.
Civil penalty: 300 penalty units.
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