Document ID: chunk:federal_register_of_legislation:C2004C01404:clause:5_4
Version: federal_register_of_legislation:C2004C01404
Segment Type: clause
Provision Reference: sch 5 cl 4
Character Range: 26029–26692

4  Subsection 20(1)
Repeal the subsection, substitute:

 (1) The master of an overseas vessel arriving in Australia or the Cocos Islands is guilty of an offence if the master permits the vessel to enter a place in Australia or the Cocos Islands other than a port declared to be a first port of entry or a first Cocos Islands port of entry, as the case may be.

Maximum penalty: Imprisonment for 5 years.

 (1A) Subsection (1) does not apply if the entry is made with the permission of the Minister given under section 20AA.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).