Document ID: chunk:federal_register_of_legislation:C2025C00015:section:237:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 237 (pt 1/2)
Character Range: 400048–402682

237  Aircraft must land at first point of entry
 (1) An aircraft that is subject to biosecurity control must not land at a landing place in Australian territory that is not a first point of entry for the aircraft, unless:
 (a) permission has been given under subsection 239(2) for the aircraft to land at that landing place; or
 (b) a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.

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 person permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
 (d) neither of the following applies:
 (i) permission has been given under subsection 239(2) for the aircraft to land at that landing place;
 (ii) a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
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 operator of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
 (c) neither of the following applies:
 (i) permission has been given under subsection 239(2) for the aircraft to land at that landing place;
 (ii) a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
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 person in charge of the aircraft permits the aircraft to land at a landing place in Australian territory that is not a first point of entry for the aircraft; and
 (c) neither of the following applies:
 (i) permission has been given under subsection 239(2) for the aircraft to land at that landing place;
 (ii) a direction has been given under paragraph 240(1)(a) or 242(1)(a) requiring the aircraft to land at that landing place.
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 lands at a landing place in Australian territory that is not a first point