Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_188
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 188
Character Range: 88182–89131

188  Subsection 44(3)
Repeal the subsection, substitute:

 (3) If a vessel or installation is displaying flags, lights or other signals that clearly indicate that the vessel or installation is in quarantine:
 (a) any unauthorised person who lands or unships goods from the vessel or installation, or moves goods on the vessel or installation, is presumed, in the absence of evidence to the contrary, to have intended to land or unship the goods, or to have moved the goods in order to land or unship them, as the case may be; and
 (b) any person who receives or has in his or her possession any goods landed or unshipped from the vessel or installation is presumed, in the absence of evidence to the contrary, to have known that the goods were landed or unshipped from the vessel or installation.

Note: In a prosecution for an offence against this section, the defendant bears an evidential burden of proof in respect of evidence to the contrary.