Document ID: chunk:federal_register_of_legislation:C2024C00800:section:232
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 232
Character Range: 631834–634351

232  Penalty on master, owner, agent and charterer of vessel
 (1) Where:
 (a) a non‑citizen:
 (i) enters Australia on a vessel; and
 (ii) because he or she is not the holder of a visa that is in effect, or because of section 173, becomes upon entry an unlawful non‑citizen; and
 (iii) is a person to whom subsection 42(1) applies; or
 (b) a removee or deportee who has been placed on board a vessel for removal or deportation leaves the vessel in Australia otherwise than in immigration detention under this Act;
the master, owner, agent and charterer of the vessel are each taken to commit an offence against this Act punishable by a fine not exceeding 100 penalty units.
 (1A) An offence against subsection (1) is an offence of absolute liability.
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (1B) For the purposes of paragraph (1)(a), the defendant bears an evidential burden in relation to establishing that subsection 42(1) does not apply to a person because of subsection 42(2) or (2A) or regulations made under subsection 42(3).
Note: For evidential burden, see section 13.3 of the Criminal Code.
 (2) It is a defence to a prosecution for an offence against subsection (1) in relation to the entry of a non‑citizen to Australia on a vessel if it is established:
 (a) that the non‑citizen was, when he or she boarded or last boarded the vessel for travel to Australia, in possession of evidence of a visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:
 (i) did not appear to have been cancelled; and
 (ii) was expressed to continue in effect until, or at least until, the date of the non‑citizen's expected entry into Australia; or
 (b) that the master of the vessel had reasonable grounds for believing that, when the non‑citizen boarded or last boarded the vessel for travelling to and entering Australia, the non‑citizen:
 (i) was eligible for a special category visa; or
 (ii) was the holder of a special purpose visa; or
 (iii) would, when entering Australia, be the holder of a special purpose visa; or
 (iv) was the holder of an enforcement visa; or
 (v) would, when entering Australia, be the holder of an enforcement visa; or
 (c) that the vessel entered Australia from overseas only because of:
 (i) the illness of a person on board the vessel; or
 (ii) stress of weather; or
 (iii) other circumstances beyond the control of the master.
 (3) A defendant bears a legal burden in relation to the matters in subsection (2).