Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_20b
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 20B
Character Range: 49484–51885

20B  Prohibition of entry by air from proclaimed places

Proclamation of place

 (1) If the Governor‑General is of the opinion that there is danger of the introduction into Australia or the Cocos Islands by aircraft of disease from any place outside Australia or the Cocos Islands, as the case may be, he or she may, by Proclamation, declare the place to be a place in relation to which this section applies in respect of Australia or in respect of the Cocos Islands, as the case may be.

Offences by commander and operator of aircraft

 (2) The commander and the operator of any aircraft that enters Australia or the Cocos Islands from or through a place declared under subsection (1) to be a place in relation to which this section applies in respect of Australia or the Cocos Islands, as the case may be, are each guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

Proclamation of conditions of entry

 (3) The Governor‑General may, by Proclamation, declare that a person must not, so long as the Proclamation remains in force, enter Australia or the Cocos Islands by an aircraft from any place outside Australia or the Cocos Islands, as the case may be, specified in the Proclamation unless the person has complied with the conditions stated in the Proclamation.

Conditions that may be proclaimed

 (4) The conditions stated in a Proclamation under subsection (3) are such conditions as the Governor‑General thinks necessary or desirable for avoiding the possibility of the entry into Australia or the Cocos Islands of people suffering from, or capable of communicating, any disease.

Offence by person entering in reckless contravention of condition

 (5) A person is guilty of an offence if:
 (a) the person enters Australia or the Cocos Islands in contravention of a condition stated in a Proclamation made under subsection (3); and
 (b) the person is reckless as to whether or not the condition is contravened.

Maximum penalty: Imprisonment for 10 years.

Meaning of entry from place outside Australia or Cocos Islands

 (6) For the purposes of this section, and of any Proclamation under this section, a person is taken to enter Australia or the Cocos Islands from a place outside Australia or the Cocos Islands, as the case may be, if he or she has been in that place within 21 days before his or her arrival in Australia or the Cocos Islands, as the case may be.