Document ID: chunk:federal_register_of_legislation:C2025C00015:section:149
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 149
Character Range: 267889–269440

149  Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division

Civil penalty provision
 (1) A person contravenes this subsection if:
 (a) the person receives, or has in the person's possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and
 (b) any of the following applies in relation to the goods:
 (i) the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3);
 (ii) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1);
 (iii) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened;
 (iv) subsection 147(2) was contravened.
Civil penalty: 300 penalty units.
 (2) Subsection (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:
 (a) the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3); or
 (b) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1); or
 (c) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened; or
 (d) subsection 147(2) was contravened;
as the case may be.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Division 7—Unloading goods from vessel displaying prescribed quarantine signal