CTHIn ForceAct
Biosecurity Act 2015
149Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division
Start here
Get a plain-English read of 149
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2015.
149 Receiving or possessing goods unloaded from aircraft or vessel in contravention of this Division
(a) the person receives, or has in the person’s possession, goods that have been unloaded from an aircraft or vessel in Australian territory; and
(b) any of the following applies in relation to the goods:
(i) the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3);
(ii) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1);
(iii) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened;
(iv) subsection 147(2) was contravened.
(2) Subsection (1) does not apply if the person did not know, and could not reasonably be expected to have known, that:
(a) the goods were unloaded from the aircraft or vessel in contravention of a direction given under subsection 143(3), 144(3) or (4) or 147(3); or
(b) the goods were unloaded from the aircraft or vessel in contravention of subsection 145(1); or
(c) a condition imposed under subsection 146(3) or 148(3) in relation to the goods was contravened; or
(d) subsection 147(2) was contravened;
as the case may be.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).