Document ID: chunk:federal_register_of_legislation:C2004C01404:clause:4_23
Version: federal_register_of_legislation:C2004C01404
Segment Type: clause
Provision Reference: sch 4 cl 23
Character Range: 20499–21379

23  Subsections 44A(2) and (3)
Repeal the subsections, substitute:

 (2) A person must not remove from a prescribed vessel any goods on the vessel that are subject to quarantine.

Maximum penalty: Imprisonment for 10 years.

 (3) The master of a prescribed vessel must not permit to be removed from the vessel any goods on the vessel that are subject to quarantine.

Maximum penalty: Imprisonment for 10 years.

 (3A) Subsections (2) and (3) do not apply if the goods:
 (a) form part of the cargo of the vessel that is to be landed in the country, being Australia, the Cocos Islands or Christmas Island, where the vessel is; or
 (b) are removed with the permission of a quarantine officer or in compliance with this Act or the Regulations.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3A) (see subsection 13.3(3) of the Criminal Code).