27APre‑arrival and pre‑departure reports by certain vessels (other than aircraft) and installations

#### 27A Pre‑arrival and pre‑departure reports by certain vessels (other than aircraft) and installations Vessels from which reports are required (1) This section applies to the master of: (a) an overseas vessel (other than an aircraft) that is intended to arrive at a place in Australia, the Cocos Islands or Christmas Island; or (b) an overseas installation that: (i) is intended to arrive at a place in Australia, the Cocos Islands or Christmas Island from a place outside Australia, the Cocos Islands and Christmas Island; or (ii) is intended to arrive at a place in the Cocos Islands from a place in Australia or in Christmas Island; or (iii) is intended to arrive at a place in Christmas Island from a place in Australia or in the Cocos Islands; or (c) a vessel (other than a overseas vessel or an aircraft), or an installation (other than an overseas installation) that is intended to arrive: (i) at a place in Australia from a place in the Cocos Islands or in Christmas Island; or (ii) at a place in the Cocos Islands from a place in Australia or Christmas Island; or (iii) at a place in Christmas Island from a place in Australia or the Cocos Islands; or (d) a vessel (other than an overseas vessel, an aircraft or a prescribed vessel) that is intended to arrive: (i) at a place in Australia (other than a place in a Special Quarantine Zone declared in respect of Australia or the Protected Zone) from a place in any of those zones; or (ii) at a place in the Cocos Islands (other than a place in a Special Quarantine Zone declared in respect of the Cocos Islands) from a place in such a zone; or (iii) at a place in Christmas Island (other than a place in a Special Quarantine Zone declared in respect of Christmas Island) from a place in such a zone. Quarantine officer to whom pre‑arrival report to be sent (2) The master of the vessel or installation must cause the prescribed information to be given, in a form approved by a Director of Quarantine, in the prescribed manner and during the prescribed period, to a quarantine officer: (a) in respect of a vessel or installation that is intended to arrive at a place in Australia: (i) if that place is a first port of entry for overseas vessels—at that port; or (ii) otherwise—at a port that is declared by Proclamation to be a first port of entry for overseas vessels; or (b) in respect of a vessel or installation that is intended to arrive at a place in the Cocos Islands—at that place; or (c) in respect of a vessel or installation that is intended to arrive at a place in Christmas Island—at that place. Action to be taken if report afterwards found to be incomplete or incorrect (3) If, after any of the prescribed information is given to a quarantine officer under subsection (2), the master or operator of the vessel or installation becomes aware that the information is incomplete or incorrect, the master or operator, as the case may be, must cause the additional or correct information to be given to a quarantine officer as soon as practicable. Pre‑departure report (4) If: (a) after the period within which the master of the vessel or installation was required to cause the prescribed information to be given to a quarantine officer under subsection (2); and (b) before the vessel or installation departs from its last port in Australia, the Cocos Islands or Christmas Island in the course of the relevant voyage; any people on the vessel or installation are found to be suffering from a disease prescribed for the purposes of this section, the master must immediately cause particulars of the disease, and the number of people suffering from it, to be given to a quarantine officer. Failure to give information (5) A person is guilty of an offence if: (a) a requirement of this section applies to the person; and (b) the person fails to comply with the requirement. Maximum penalty: Imprisonment for 2 years. > Note: Subsection (5) is not subject to the privilege against self incrimination but a use derivative‑use indemnity applies (see subsections 79A(1) and (2)). Knowingly giving false or misleading information (6) A person is guilty of an offence if: (a) the person gives information, or causes information to be given, to a quarantine officer under a requirement made by this section (whether the requirement is made of that person or of another person); and (b) the information is false or misleading in a material particular; and (c) the person knows that the information is false or misleading in that particular. Maximum penalty: Imprisonment for one year. Negligently giving false or misleading information (7) A person is guilty of an offence if: (a) the person gives information, or causes information to be given, to a quarantine officer under a requirement made by this section (whether the requirement is made of that person or of another person); and (b) the information is false or misleading in a material particular; and (c) the person is negligent as to whether or not the information is false or misleading in that particular. Maximum penalty for an offence against this subsection: Imprisonment for 6 months.