Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_44b:p1
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 44B (pt 1/2)
Character Range: 89491–92104

44B  Landed cargo in quarantine

Goods to which section applies

 (1) This section applies to goods that:
 (a) formed part of the cargo of a vessel; and
 (b) are landed in Australia or the Cocos Islands; and
 (c) are subject to quarantine.

Actions to which section applies

 (2) The following are relevant acts in relation to goods:
 (a) moving the goods:
 (i) from the part of the precincts of the wharf or airport, or from the Australian installation, where they were landed; or
 (ii) from a place to which they have been moved with the consent of a quarantine officer;
 (b) dealing with the goods;
 (c) interfering with the goods.

Offence for doing act without permission

 (3) A person is guilty of an offence if:
 (a) the person does a relevant act in relation to goods; and
 (b) the person does not have the permission of a quarantine officer under subsection (6) or of a Director of Quarantine under subsection (7) to do the act.

Maximum penalty: Imprisonment for 10 years.

Offence for doing an act recklessly in contravention of condition of permission

 (4) A person is guilty of an offence if:
 (a) the person does a relevant act in relation to goods; and
 (b) the person has the permission of a quarantine officer under subsection (6) or of a Director of Quarantine under subsection (7) to do the act; and
 (c) the permission is subject to a condition; and
 (d) the condition is contravened; and
 (e) the person is reckless as to whether or not the condition is contravened.

Maximum penalty: Imprisonment for 10 years.

Defence

 (5) It is a defence to a prosecution for an offence against subsection (3) or (4) if the defendant proves that the relevant act was done for the purpose of taking the goods, in accordance with conditions specified by a quarantine officer, from the part of the precincts of the wharf or airport where the goods were landed in Australia or the Cocos Islands to a port at which the goods are permitted to enter Australia or the Cocos Islands, as the case may be.

Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (5) (see subsection 13.4 of the Criminal Code).

Permission by quarantine officer

 (6) A quarantine officer may give permission to a person to do a specified relevant act in relation to specified goods.

Permission by Director of Quarantine

 (7) A Director of Quarantine may give permission to a person to do one or more relevant acts in relation to goods included in a specified class of goods.

No specified criteria for granting permission

 (8) In deciding whether to give permission, a quarantine officer