Document ID: chunk:federal_register_of_legislation:C2004A03513:body:0:p10
Version: federal_register_of_legislation:C2004A03513
Segment Type: other
Provision Reference: 
Character Range: 23571–26174

the installation to the place;
are each guilty of an offence against this section.
"(5) Subject to subsection (6), where goods:
     (a) are sent from a sea installation installed in an adjacent area in respect of a State, of the Northern Territory or of the Territory of Ashmore and Cartier Islands or in a coastal area to an external place (whether or not the goods are sent on from that place); and
     (b) have not been available for examination in Australia for the purposes of this Act after leaving the installation and before arriving in the place;
then:
     (c) the person who sent the goods;
     (d) the holder of the permit for the installation or, if there is no such holder, the owner of the installation; and
     (e) the owner and person in charge of a ship or aircraft on which the goods were transported from the installation to the place;
are each guilty of an offence against this section.
"(6) It is a defence to a charge of an offence against this section if it is established that the journey because of which the offence would have been committed:
     (a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life;
     (b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of a sea installation; or
     (c) was authorised in writing, by the Comptroller, and was carried out in accordance with the conditions (if any) specified in that authorisation.
"(7) Subsection (6) shall not be taken to limit by implication any defence that would, but for the subsection, be available to a person charged with an offence against this section.
"(8) For the purposes of this section:

     (a) a person shall not be taken to travel from or to an external place or a sea installation because only of having been in an aircraft flying over, or on a landing place in, the place or installation; and
     (b) goods shall not be taken to have been brought from, or sent to, an external place or a sea installation because only of being in an aircraft flying over, or on a landing place in, the place or installation.
Penalty: $10,000.".

Ships and aircraft to obey signals
13. Section 59 of the Principal Act is amended:
     (a) by omitting from paragraphs (1) (b) and (2) (b) "installation" and substituting "resources installation or an Australian sea installation"; and
     (b) by omitting from subparagraph (4) (b) (iii) "installation" and substituting "resources installation or an Australian sea installation".

Facility for boarding
14. Section 61