Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 217

Person in charge of conveyance may leave conveyance unless directed not to do so

  (1)   The person in charge of a conveyance that is subject to biosecurity control may leave the conveyance unless a biosecurity officer has directed the person not to leave the conveyance.

Note:   If the conveyance is an incoming aircraft or vessel, the person in charge of the aircraft or vessel must not leave the aircraft or vessel unless pratique has been granted in relation to the aircraft or vessel or he or she is authorised to leave by or under this Act or another Australian law (see sections   48 and 49).

  (2)   A biosecurity officer may direct the person in charge of the conveyance not to leave the conveyance for a specified period. The period must not be longer than 24 hours.

Note:   See also section   572 (general provisions relating to directions).

  (3)   A person who is given a direction under subsection   (2) must comply with the direction.

Fault - based offence

  (4)   A person commits an offence if:

  (a)   the person is given a direction under subsection   (2); and

  (b)   the person engages in conduct; and

  (c)   the conduct contravenes the direction.

Penalty:   Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provision

  (5)   A person is liable to a civil penalty if the person contravenes subsection   (3).

Civil penalty:   300 penalty units.


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