BIOSECURITY ACT 2015 - SECT 48 Positive pratique

BIOSECURITY ACT 2015 - SECT 48

  (1)   An operator of an incoming aircraft or vessel, or the person in charge of an incoming aircraft or vessel, that arrives at a landing place or port in Australian territory in accordance with Division   2 or 3 of Part   4 of Chapter   4 must not allow:

  (a)   any thing to be unloaded from or loaded onto the aircraft or vessel; or

  (b)   any person to disembark from or embark onto the aircraft or vessel;

unless pratique has been granted under subsection   (2) or 49(4).

Civil penalty:

  (a)   for an operator of the aircraft or vessel--1,000 penalty units; or

  (b)   for the person in charge of the aircraft or vessel--300 penalty units.

Note:   Even if pratique has been granted, a person may still be prevented from unloading goods under Division   6 of Part   1 of Chapter   3.

  (2)   Pratique is granted in relation to an incoming aircraft or vessel by force of this subsection at the time the aircraft or vessel arrives at a landing place or port in Australian territory, unless the aircraft or vessel is in a class of aircraft or vessels specified for the purposes of paragraph   49(1)(a).

  (3)   Subsection   (1) does not apply to the unloading or loading of a thing, or the disembarkation or embarkation of a person, that is authorised by or under this Act or another Australian law.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers Act).