Document ID: chunk:federal_register_of_legislation:C2025C00015:section:152
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 152
Character Range: 271469–273408

152  Receiving or possessing goods unloaded from vessel displaying prescribed quarantine signal
 (1) A person contravenes this subsection if:
 (a) the person receives, or has in the person's possession, goods; and
 (b) the goods were unloaded from a vessel in Australian territory; and
 (c) the goods are subject to biosecurity control; and
 (d) the vessel was displaying the prescribed quarantine signal when the goods were unloaded; and
 (e) none of the following applies:
 (i) the person is authorised to engage in the conduct referred to in paragraph (a) in accordance with an approved arrangement;
 (ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act by a biosecurity official;
 (iii) the person has been given permission to engage in that conduct under section 557.
Note 1: See section 221 in relation to when a vessel must display the prescribed quarantine signal.
Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 534).
 (2) Subsection (1) does not apply if:
 (a) the person is authorised to engage in the conduct referred to in paragraph (1)(a) under this Act or under another Australian law; or
 (b) the person did not know, and could not reasonably be expected to have known, that the vessel was displaying the prescribed quarantine signal when the goods were unloaded.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence
 (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 120 penalty units.

Division 8—Reporting biosecurity incidents