Document ID: chunk:federal_register_of_legislation:C2025C00015:section:245:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 245 (pt 1/2)
Character Range: 414895–417414

245  Vessel must be moored at first point of entry
 (1) A vessel that is subject to biosecurity control must not be moored at a port in Australian territory that is not a first point of entry for the vessel, unless:
 (a) permission has been given under subsection 247(2) for the vessel to be moored at that port; or
 (b) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.

Fault‑based offences
 (2) A person commits an offence if:
 (a) the person is the person in charge or the operator of a vessel; and
 (b) the vessel is subject to biosecurity control; and
 (c) the person permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
 (d) neither of the following applies:
 (i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
 (ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (3) The person in charge of a vessel commits an offence if:
 (a) the vessel is subject to biosecurity control; and
 (b) the operator of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
 (c) neither of the following applies:
 (i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
 (ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (4) The operator of a vessel commits an offence if:
 (a) the vessel is subject to biosecurity control; and
 (b) the person in charge of the vessel permits the vessel to be moored at a port in Australian territory that is not a first point of entry for the vessel; and
 (c) neither of the following applies:
 (i) permission has been given under subsection 247(2) for the vessel to be moored at that port;
 (ii) a direction has been given under paragraph 248(1)(a) or 250(1)(a) requiring the vessel to be moored at that port.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provision
 (5) The person in charge and the operator of a vessel are each liable to a civil penalty if:
 (a) the vessel is subject to biosecurity control; and
 (b) the vessel is moored at a port in Australian territory that is not a first