44ARemoval from vessels or installations of goods in quarantine

#### 44A Removal from vessels or installations of goods in quarantine (1) In this section, prescribed vessel means a vessel that is not subject to quarantine. (2) A person must not remove from a prescribed vessel any goods on the vessel that are subject to quarantine. Maximum penalty: Imprisonment for 10 years. (3) The master of a prescribed vessel must not permit to be removed from the vessel any goods on the vessel that are subject to quarantine. Maximum penalty: Imprisonment for 10 years. (3A) Subsections (2) and (3) do not apply if the goods: (a) form part of the cargo of the vessel that is to be landed in the country, being Australia, the Cocos Islands or Christmas Island, where the vessel is; or (b) are removed with the permission of a quarantine officer or in compliance with this Act or the Regulations. > Note: A defendant bears an evidential burden in relation to the matters in subsection (3A) (see subsection 13.3(3) of the Criminal Code). (4) If a quarantine officer so directs, a person shall not land from a prescribed vessel any goods on the vessel that are subject to quarantine and form part of the cargo of the vessel that is to be landed in the country, being Australia, the Cocos Islands or Christmas Island, where the vessel is. Maximum penalty: Imprisonment for 10 years. (5) If a person lands from a prescribed vessel any goods that are subject to quarantine and form part of the cargo of the vessel, he or she shall not land them at a place other than: (a) a part of the precincts of a wharf or airport that is a part approved for the purposes of this subsection by a Director of Quarantine; or (b) where the vessel has, in accordance with the permission of the Minister given under section 20AA, been brought to an Australian installation—a part of the installation approved for the purposes of this subsection by the Minister. Maximum penalty: Imprisonment for 10 years. (6) Subsection (5) does not apply if the person lands the goods at a place with the permission of a quarantine officer. > Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).