40Vessel or installation in quarantine not to be moved without permission

40 Vessel or installation in quarantine not to be moved without permission

(1) The master of a vessel or installation that is in quarantine is guilty of an offence if he or she allows the vessel or installation to be moved.

Maximum penalty: Imprisonment for 2 years.

(1A) Subsection (1) does not apply if the vessel or installation is moved with the written permission of a quarantine officer.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) A quarantine officer may give permission for a vessel or installation that is in quarantine to be moved. (3) The master of a vessel or installation that is in quarantine is guilty of an offence if: (a) a permission given by a quarantine officer for the movement of the vessel or installation is subject to a condition; and (b) the condition has not been complied with; and (c) the master is negligent as to whether or not the condition has been complied with.

Maximum penalty: Imprisonment for 2 years.