Document ID: chunk:federal_register_of_legislation:C2025C00015:section:238:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 238 (pt 1/2)
Character Range: 403017–405547

238  Aircraft must be brought to relevant biosecurity entry point (if any) at first point of entry
 (1) If:
 (a) an aircraft that is subject to biosecurity control has landed at a first point of entry for the aircraft; and
 (b) there is a biosecurity entry point for the aircraft at the first point of entry;
the aircraft must be brought to that biosecurity entry point as soon as practicable.
Note: Goods that are to be unloaded from the aircraft must generally be brought to a biosecurity entry point (if any) for the goods (see sections 147 and 148).

Fault‑based offences
 (2) A person commits an offence if:
 (a) the person is the person in charge or the operator of an aircraft; and
 (b) the aircraft is subject to biosecurity control; and
 (c) the aircraft has landed at a first point of entry for the aircraft; and
 (d) there is a biosecurity entry point for the aircraft at the first point of entry; and
 (e) the person does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (3) The person in charge of an aircraft commits an offence if:
 (a) the aircraft is subject to biosecurity control; and
 (b) the aircraft has landed at a first point of entry for the aircraft; and
 (c) there is a biosecurity entry point for the aircraft at the first point of entry; and
 (d) the operator of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (4) The operator of an aircraft commits an offence if:
 (a) the aircraft is subject to biosecurity control; and
 (b) the aircraft has landed at a first point of entry for the aircraft; and
 (c) there is a biosecurity entry point for the aircraft at the first point of entry; and
 (d) the person in charge of the aircraft does not ensure that the aircraft is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provision
 (5) The person in charge and the operator of an aircraft are each liable to a civil penalty if:
 (a) the aircraft is subject to biosecurity control; and
 (b) the aircraft has landed at a first point of entry for the aircraft; and
 (c) there is a biosecurity entry point for the aircraft at the first point of entry; and
 (d) the aircraft is not brought to that biosecurity entry point as soon as practicable.
Civil penalty: 300