Document ID: chunk:federal_register_of_legislation:C2017C00318:clause:4_33
Version: federal_register_of_legislation:C2017C00318
Segment Type: clause
Provision Reference: sch 4 cl 33
Character Range: 57622–58852

33  Application of Biosecurity Act to conveyances in Australian territory on commencement day
(1) Section 191 of the Biosecurity Act applies in relation to an aircraft or vessel that enters Australian territory on or after the commencement day during a flight or voyage that commenced outside Australian territory.
(2) Subsections 191(3) and (4) of the Biosecurity Act also apply to a conveyance that is taken under item 32 to have become subject to biosecurity control. This has effect despite subsection 191(1).
(3) Despite subitem 32(1), a biosecurity officer must not exercise a power under subsection 206(2) (movement of certain aircraft and vessels) of the Biosecurity Act in relation to a conveyance that is subject to biosecurity control because of that subitem unless the conveyance had originally entered Australian territory during a journey that commenced outside Australian territory.
(4) If, because of subitem (3), a biosecurity officer cannot exercise a power under subsection 206(2) of the Biosecurity Act in relation to a conveyance, the biosecurity officer may exercise a power under subsection 207(2) (movement of conveyances) of that Act in relation to the conveyance. This has effect despite subitem 32(1).