78CMoving an insanitary vessel

#### 78C Moving an insanitary vessel (1) If a quarantine officer believes, on reasonable grounds, that: (a) a vessel that is in a port or other place is in an insanitary condition or is carrying diseases or pests; and (b) if quarantine measures are not taken there will be an unacceptably high level of quarantine risk; the officer may do either or both of the following: (c) cause the vessel to be moved to another place; (d) cause cargo or other goods or any other thing on the vessel to be removed from the vessel to another place. (2) A person is guilty of an offence if: (a) either of the following happens: (i) a vessel is moved to a place under paragraph (1)(c); (ii) cargo or other goods or any other thing on a vessel is removed from the vessel to a place under paragraph (1)(d); and (b) the person causes the vessel to be moved from the place mentioned in subparagraph (a)(i) or causes the cargo or other goods or other thing on the vessel to be removed from the place mentioned in subparagraph (a)(ii), as the case may be. Maximum penalty: Imprisonment for 2 years. (2A) Subsection (2) does not apply if the person does the things mentioned in paragraph (2)(b) with the permission of a quarantine officer. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).