Permission for vessel to be moored at port that is not first point of entry for vessel
247 Permission for vessel to be moored at port that is not first point of entry for vessel
The person in charge or the operator of a vessel that intends to be moored at a port in Australian territory may, in writing, request the Director of Biosecurity or the Director of Human Biosecurity to give permission for the vessel to be moored at a specified port in Australian territory that is not a first point of entry for the vessel.
The person in charge or the operator of the vessel may also request permission for goods to be unloaded at the specified port (see section 146).
If the Director of Biosecurity or the Director of Human Biosecurity receives a request under subsection (1), the Director may, by written notice to the person in charge or the operator of the vessel, give permission for the vessel to be moored at the port specified in the request.
The Director of Biosecurity or the Director of Human Biosecurity may give permission under subsection (2) subject to any conditions specified in the notice giving the permission.
Fault‑based offences
A person commits an offence if:
the person is the person in charge or the operator of a vessel; and
the person has been given a permission under subsection (2); and
the permission is subject to conditions; and
the person engages in conduct; and
the conduct contravenes the conditions.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
The person in charge of a vessel commits an offence if:
the operator of the vessel has been given a permission under subsection (2); and
the permission is subject to conditions; and
the conditions are not complied with.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
The operator of a vessel commits an offence if:
the person in charge of the vessel has been given a permission under subsection (2); and
the permission is subject to conditions; and
the conditions are not complied with.
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 person in charge or the operator of the vessel has been given a permission under subsection (2); and
the permission is subject to conditions; and
the conditions are not complied with.
Civil penalty: 300 penalty units.
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