29AAnimal or thing that has been exposed to an animal that has been killed or has died not to be removed from an overseas vessel or an overseas installation without permission

#### 29A Animal or thing that has been exposed to an animal that has been killed or has died not to be removed from an overseas vessel or an overseas installation without permission Animal or thing exposed to dead animal not to be removed (1) Except as provided by subsection (2), none of the following may be removed from an overseas vessel or an overseas installation that is at a port or other place in Australia, the Cocos Islands or Christmas Island: (a) an animal that has been killed, or has died, on the vessel or installation; (b) any thing that has been exposed to an animal that has been so killed or has so died. > Note: As to the circumstances in which a thing is taken to have been exposed to an animal or a carcase of an animal, see section 5B. Animal or thing may be removed with permission (2) Subsection (1) does not apply if a quarantine officer has given permission under subsection (3) for the removal. Quarantine officer may give permission (3) A quarantine officer has power to give a written permission for a specified act, or a specified class of acts, to be done during a specified period for the purposes of this section. Offences (4) The master of an overseas vessel or overseas installation that is at a port or other place in Australia, the Cocos Islands or Christmas Island is guilty of an offence if: (a) the master causes or permits another person to remove any animal or thing referred to in paragraph (1)(a) or (b) from the vessel or installation; or (b) if a permission mentioned in subsection (4A) has been given by a quarantine officer for the removal of any animal or thing from the vessel or installation and the permission is subject to a condition: (i) the condition has not been complied with; and (ii) the master is negligent as to whether or not the condition has been complied with. Maximum penalty: Imprisonment for 2 years. Exception (4A) Paragraph (4)(a) does not apply if the removal is made with the written permission of a quarantine officer. > Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code). Definition (5) In this section: > overseas vessel includes: (a) in relation to Australia: (i) a vessel that travels to or from a place in Australia that is in the Protected Zone; and (ii) a vessel that travels from or through a Special Quarantine Zone in respect of Australia; and (b) in relation to the Cocos Islands—a vessel that travels from or through a Special Quarantine Zone in relation to the Cocos Islands; and (c) in relation to Christmas Island—a vessel that travels from or through a Special Quarantine Zone in respect of Christmas Island.