48Positive pratique

48  Positive pratique

 (1) An operator of an incoming aircraft or vessel, or the person in charge of an incoming aircraft or vessel, that arrives at a landing place or port in Australian territory in accordance with Division 2 or 3 of Part 4 of Chapter 4 must not allow:

 (a) any thing to be unloaded from or loaded onto the aircraft or vessel; or

 (b) any person to disembark from or embark onto the aircraft or vessel;

unless pratique has been granted under subsection (2) or 49(4).

Civil penalty:

 (a) for an operator of the aircraft or vessel—1,000 penalty units; or

 (b) for the person in charge of the aircraft or vessel—300 penalty units.

Note: Even if pratique has been granted, a person may still be prevented from unloading goods under Division 6 of Part 1 of Chapter 3.

 (2) Pratique is granted in relation to an incoming aircraft or vessel by force of this subsection at the time the aircraft or vessel arrives at a landing place or port in Australian territory, unless the aircraft or vessel is in a class of aircraft or vessels specified for the purposes of paragraph 49(1)(a).

 (3) Subsection (1) does not apply to the unloading or loading of a thing, or the disembarkation or embarkation of a person, that is authorised by or under this Act or another Australian law.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).