"engage in conduct" has the same meaning as in the Criminal Code .

2 Subsection 5(1) (paragraph (b) of the definition of offence against this Act)

Omit "section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 ", substitute " section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code ".

3 Subsection 20(1)

Repeal the subsection, substitute:

(1)

The master of an overseas vessel arriving in Australia, the Cocos Islands or Christmas Island is guilty of an offence if the master permits the vessel to enter a place in Australia, the Cocos Islands or Christmas Island other than a port declared to be a first port of entry, a first Cocos Islands port of entry or a first Christmas Island port of entry, as the case may be.

Maximum penalty: Imprisonment for 5 years.

(1A)

Subsection (1) does not apply if the entry is made with the permission of the Minister given under section 20AA.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

4 Section 20A

Repeal the section, substitute:

20A Overseas aircraft to land only at landing places unless permission given

(1)

The commander of an overseas aircraft is guilty of an offence if the commander permits the aircraft to land in Australia, the Cocos Islands or Christmas Island at a place other than a landing place.

Maximum penalty: Imprisonment for 5 years.

Note: The commander will not be guilty of an offence if the landing was due to sudden or extraordinary emergency (see section 10.3 of the Criminal Code ).

(2)

Subsection (1) does not apply if the landing is made with the permission of the Minister given under section 20AA.

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

5 Subsection 20B(2)

Repeal the subsection, substitute:

Offence by commander of aircraft

(2)

The commander of any aircraft entering Australia, the Cocos Islands or Christmas Island is guilty of an offence if the commander permits the aircraft to enter from or through a place declared under subsection (1) to be a place in relation to which this section applies in respect of Australia, the Cocos Islands or Christmas Island, as the case may be.

Maximum penalty: Imprisonment for 10 years.

Offence by operator of aircraft

(2A)

The operator of any aircraft entering Australia, the Cocos Islands or Christmas Island is guilty of an offence if the operator permits the aircraft to enter from or through a place declared under subsection (1) to be a place in relation to which this section applies in respect of Australia, the Cocos Islands or Christmas Island, as the case may be.

Maximum penalty: Imprisonment for 10 years.

6 Subsections 24(1) and (2)

Repeal the subsections, substitute:

(1)

An unauthorised person must not:

(a) go on board or alongside any vessel subject to quarantine or on which the quarantine signal is displayed; or
(b) approach within 30 metres of any prescribed signal on a landing place.

Maximum penalty: 50 penalty units.

(1A)

Subsection (1) does not apply if the person does the things mentioned in that subsection as the master or a member of the crew of a tug that is carrying out operations as a tug.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

(2)

An unauthorised person must not go on board or alongside any installation subject to quarantine or on which the quarantine signal is displayed.

Maximum penalty: 50 penalty units.

(2A)

Subsection (2) does not apply if the person goes on board or alongside the installation as the master or a member of the crew of a tug that is carrying out operations as a tug.

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

7 Subsections 25A(1) and (2)

Omit "for the purpose of", substitute "to achieve the result of".

8 Subsection 26(1)

Omit "except for the purpose of complying with section 26A".

9 After subsection 26(1)

Insert:

(1A)

Subsection (1) does not apply if the master's intention in allowing the vessel to be brought into the port is to comply with section 26A.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

10 Subsection 29(1)

Omit "without the written permission of a quarantine officer".

11 After subsection 29(1)

Insert:

Exception

(1A)

Subsection (1) does not apply if the master leaves the vessel or installation with the written permission of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

12 Paragraph 29A(4)(a)

Omit "without the permission in writing of a quarantine officer".

13 Paragraph 29A(4)(b)

Omit "where a permission in writing", substitute "if a permission mentioned in subsection (4A) has been".

14 Paragraph 29A(4)(b)

After "installation", insert "and the permission".

15 After subsection 29A(4)

Insert:

Exception

(4A)

Paragraph (4)(a) does not apply if the removal is made with the written permission of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code ).

16 Subsection 30(1)

Omit "shall not (unless authorized by a quarantine officer to do so)", substitute "must not".

17 After subsection 30(1)

Insert:

(1A)

Subsection (1) does not apply if the person leaves the vessel or quarantine area with the authorisation of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

18 Paragraphs 35A(7)(b), (8)(b), (9)(b) and (10)(b)

Omit "without the permission of a quarantine officer (human quarantine)".

19 After subsection 35A(10)

Insert:

Exception

(10A)

Subsections (7), (8), (9) and (10) do not apply if the person leaves the vessel or installation with the permission of a quarantine officer (human quarantine).

Note: A defendant bears an evidential burden in relation to the matter in subsection (10A) (see subsection 13.3(3) of the Criminal Code ).

20 Subsection 40(1)

Omit "without the written permission of a quarantine officer".

21 After subsection 40(1)

Insert:

(1A)

Subsection (1) does not apply if the vessel or installation is moved with the written permission of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code ).

22 Subsection 44(2)

Omit "No person shall knowingly", substitute "A person must not".

23 Subsections 44A(2) and (3)

Repeal the subsections, substitute:

(2)

A person must not remove from a prescribed vessel any goods on the vessel that are subject to quarantine.

Maximum penalty: Imprisonment for 10 years.

(3)

The master of a prescribed vessel must not permit to be removed from the vessel any goods on the vessel that are subject to quarantine.

Maximum penalty: Imprisonment for 10 years.

(3A)

Subsections (2) and (3) do not apply if the goods:

(a) form part of the cargo of the vessel that is to be landed in the country, being Australia, the Cocos Islands or Christmas Island, where the vessel is; or
(b) are removed with the permission of a quarantine officer or in compliance with this Act or the Regulations.

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

24 Subsection 44A(5)

Omit "Except with the permission of a quarantine officer, where", substitute "If".

25 At the end of section 44A

Add:

(6)

Subsection (5) does not apply if the person lands the goods at a place with the permission of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).

26 Section 49

Repeal the section, substitute:

49 Unlawful damage by officers

(1)

An officer must not do an act that results in the destruction of, or damage to, any goods under his or her charge in the performance of quarantine.

Maximum penalty: Imprisonment for 2 years.

(2)

Subsection (1) does not apply if the officer is permitted by this Act or any other law to do the act in respect of the goods.

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

27 Subsections 72(3) and (4)

Omit "shall, unless prevented by illness or some other cause,", substitute "must".

28 After subsection 72(4)

Insert:

(4A)

Subsections (3) and (4) do not apply if the person is prevented from attending by illness or some other cause.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code ).

29 Subsection 74(2)

Repeal the subsection, substitute:

(2)

An unauthorised person must not engage in conduct that results in the interference with, removal or defacement of, any notice affixed under this section.

Maximum penalty: 50 penalty units.

30 Subsection 75A(6)

Repeal the subsection, substitute:

(6)

A person (other than an approved person or a person assisting an approved person under subsection (5)) who moves a vessel from the place at which it is detained under subsection (4) is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(6A)

Subsection (6) does not apply if the person moves the vessel with the written permission of an approved person.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6A) (see subsection 13.3(3) of the Criminal Code ).

31 Section 78B

Repeal the section, substitute:

78B Mooring of insanitary vessels

(1)

If, in the opinion of a quarantine officer, a vessel in a port is in an insanitary condition favourable to the spread of communicable disease, the officer may, instead of exercising his or her powers under subsection 78A(2) or 78AA(1), direct the master of the vessel to moor the vessel at a place in the port specified by the officer.

(2)

If a direction is given under subsection (1), the master of the vessel:

(a) must cause the vessel to be taken to, and moored at, the place in the port specified by the officer; and
(b) if the vessel is moored in compliance with paragraph (a), must not move the vessel, or allow the vessel to be moved, from that place.

Maximum penalty: Imprisonment for 2 years.

(3)

Paragraph (2)(a) does not apply if the vessel immediately leaves the port.

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

(4)

Paragraph (2)(b) does not apply if the master moves the vessel:

(a) with the intention of taking the vessel out of the port; or
(b) by reason of stress of weather or for other reasonable cause; or
(c) with the permission of a quarantine officer.

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

32 Paragraph 78C(2)(b)

Omit ", without the permission of a quarantine officer".

33 After subsection 78C(2)

Insert:

(2A)

Subsection (2) does not apply if the person does the things mentioned in paragraph (2)(b) with the permission of a quarantine officer.

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