Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_67:p1
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 67 (pt 1/2)
Character Range: 151639–154258

67  Penalties for certain acts done in contravention of Act

Illegal importation etc.

 (1) A person is guilty of an offence if:
 (a) the person imports or introduces into, or brings into any port or other place in, Australia or the Cocos Islands:
 (i) any disease or pest; or
 (ii) any substance or article containing a disease or pest; or
 (iii) any animal, plant or other goods; and
 (b) the person knows that the importation, introduction or bringing is in contravention of this Act.

Maximum penalty: Imprisonment for 10 years.

Knowledge of contravention presumed to exist in relation to a thing that is concealed or misdescribed

 (2) If:
 (a) a person imports or introduces into, or brings into a port or other place in, Australia or the Cocos Islands any thing mentioned in subparagraph (1)(a)(i), (ii) or (iii); and
 (b) the importation, introduction or bringing is a contravention of this Act; and
 (c) the person:
 (i) conceals the thing or its nature or condition; or
 (ii) conceals a fact or matter relating to the thing or its nature or condition; or
 (iii) gives to a quarantine officer a false or misleading description of the thing;
it is presumed, in the absence of evidence to the contrary, that the person knew that the importation, introduction or bringing was such a contravention.

Note: The defendant bears an evidential burden of proof in respect of evidence to the contrary (see subsection 13(3) of the Criminal Code).

Illegal removal

 (3) A person is guilty of an offence if:
 (a) the person removes any animal, plant or other goods:
 (i) from a part of Australia to another part of Australia; or
 (ii) from a part of the Cocos Islands to another part of the Cocos Islands; or
 (iii) from Australia to the Cocos Islands; or
 (iv) from the Cocos Islands to Australia; and
 (b) the person knows that the removal is a contravention of this Act.

Maximum penalty: Imprisonment for 10 years.

Knowledge of contravention presumed to exist in relation to goods that are concealed or misdescribed

 (4) If:
 (a) a person removes any animal, plant or other goods as mentioned in paragraph (3)(a); and
 (b) the removal is a contravention of this Act; and
 (c) the person:
 (i) conceals the animal, plant or other goods or the nature or condition of the animal, plant or other goods; or
 (ii) conceals a fact or matter relating to the animal, plant or other goods or relating to the nature or condition of the animal, plant or other goods; or
 (iii) gives to a quarantine officer a false or misleading description of the animal, plant or other goods;
it is presumed, in the absence of evidence to