Document ID: chunk:federal_register_of_legislation:C2025C00015:section:246:p1
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 246 (pt 1/2)
Character Range: 417741–420192

246  Vessel must be brought to relevant biosecurity entry point (if any) at first point of entry
 (1) If:
 (a) a vessel that is subject to biosecurity control has been moored at a first point of entry for the vessel; and
 (b) there is a biosecurity entry point for the vessel at the first point of entry;
the vessel must be brought to that biosecurity entry point as soon as practicable.
Note: Goods that are to be unloaded from the vessel must generally be brought to a biosecurity entry point (if any) for the goods (see sections 147 and 148).

Fault‑based offences
 (2) A person commits an offence if:
 (a) the person is the person in charge or the operator of a vessel; and
 (b) the vessel is subject to biosecurity control; and
 (c) the vessel has been moored at a first point of entry for the vessel; and
 (d) there is a biosecurity entry point for the vessel at the first point of entry; and
 (e) the person does not ensure that the vessel is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (3) The person in charge of a vessel commits an offence if:
 (a) the vessel is subject to biosecurity control; and
 (b) the vessel has been moored at a first point of entry for the vessel; and
 (c) there is a biosecurity entry point for the vessel at the first point of entry; and
 (d) the operator of the vessel does not ensure that the vessel is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.
 (4) The operator of a vessel commits an offence if:
 (a) the vessel is subject to biosecurity control; and
 (b) the vessel has been moored at a first point of entry for the vessel; and
 (c) there is a biosecurity entry point for the vessel at the first point of entry; and
 (d) the person in charge of the vessel does not ensure that the vessel is brought to that biosecurity entry point as soon as practicable.
Penalty: Imprisonment for 5 years or 1,000 penalty units, or both.

Civil penalty provision
 (5) The person in charge and the operator of a vessel are each liable to a civil penalty if:
 (a) the vessel is subject to biosecurity control; and
 (b) the vessel has been moored at a first point of entry for the vessel; and
 (c) there is a biosecurity entry point for the vessel at the first point of entry; and
 (d) the vessel is not brought to that biosecurity entry point as soon