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MIGRATION ACT 1958 - SECT 247

Vessels to enter ports and be brought to boarding stations

             (1)  The master of a vessel which has entered Australia from overseas shall not suffer the vessel to enter any place other than a port.

Penalty:  200 penalty units.

             (2)  The master of a vessel (other than an aircraft) from overseas bound to or calling at a port:

                     (a)  shall, if so required by the Secretary or Australian Border Force Commissioner, bring the vessel (other than an aircraft) to for boarding under this Act at the boarding station appointed for that port; and

                     (b)  shall not move the vessel (other than an aircraft) from that boarding station until permitted to do so by the Secretary or Australian Border Force Commissioner.

Penalty:  200 penalty units.

          (2A)  Subsection (2) does not apply if the master moves the vessel from the boarding station with the intention of leaving the port.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

             (3)  The master of an aircraft from overseas arriving in Australia shall not suffer the aircraft to land at any other proclaimed airport until the aircraft has first landed:

                     (a)  at such proclaimed airport for which a boarding station is appointed as is nearest to the place at which the aircraft entered Australia; or

                     (b)  at such other airport for which a boarding station is appointed as has been approved by the Secretary or Australian Border Force Commissioner, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from overseas.

Penalty:  200 penalty units.

             (4)  The master of an aircraft which is engaged on an air service or flight from a place overseas to a place in Australia:

                     (a)  shall not suffer the aircraft to land at a proclaimed airport for which a boarding station is not appointed;

                     (b)  shall, as soon as practicable after the aircraft lands at a proclaimed airport, bring the aircraft for boarding to the boarding station appointed for that airport; and

                     (c)  shall not move the aircraft from that boarding station until permitted to do so by the Secretary or Australian Border Force Commissioner.

Penalty:  200 penalty units.

             (5)  It is a defence to a prosecution for an offence against subsection (1), (3) or (4) if the person charged proves that he or she was prevented from complying with the subsection by stress of weather or other reasonable cause.

Note:          A defendant bears a legal burden in relation to the matters in subsection (5) (see section 13.4 of the Criminal Code ).

          (5A)  An offence against any of subsections (1) to (4) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (6)  While a vessel is at a boarding station, an officer may go and remain on board the vessel for the purposes of this Act.

             (7)  The master of a vessel shall do all things reasonably required by an officer to facilitate the boarding of the vessel under this section and the performance by the officer of duties for the purposes of this Act.

Penalty for any contravention of this subsection: 100 penalty units.

             (8)  An offence against subsection (7) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .



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