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BIOSECURITY ACT 2015 - SECT 237

Aircraft must land at first point of entry

  (1)   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:

  (a)   permission has been given under subsection   239(2) for the aircraft to land at that landing place; or

  (b)   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

  (2)   A person commits an offence if:

  (a)   the person is the person in charge or the operator of an aircraft; and

  (b)   the aircraft is subject to biosecurity control; and

  (c)   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

  (d)   neither of the following applies:

  (i)   permission has been given under subsection   239(2) for the aircraft to land at that landing place;

  (ii)   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.

  (3)   The person in charge of an aircraft commits an offence if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   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

  (c)   neither of the following applies:

  (i)   permission has been given under subsection   239(2) for the aircraft to land at that landing place;

  (ii)   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.

  (4)   The operator of an aircraft commits an offence if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   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

  (c)   neither of the following applies:

  (i)   permission has been given under subsection   239(2) for the aircraft to land at that landing place;

  (ii)   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

  (5)   The person in charge and the operator of an aircraft are each liable to a civil penalty if:

  (a)   the aircraft is subject to biosecurity control; and

  (b)   the aircraft lands at a landing place in Australian territory that is not a first point of entry for the aircraft; and

  (c)   neither of the following applies:

  (i)   permission has been given under subsection   239(2) for the aircraft to land at that landing place;

  (ii)   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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