Document ID: chunk:federal_register_of_legislation:C2004C01404:clause:4_78b
Version: federal_register_of_legislation:C2004C01404
Segment Type: clause
Provision Reference: sch 4 cl 78B
Character Range: 23612–24973

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).