25Moving or interfering with detained vessel

25 Moving or interfering with detained vessel

(1) A person commits an offence if: (a) a direction given in relation to a vessel under subsection 24(4) is in effect; and (b) the person moves, deals with or interferes with the vessel; and (c) neither of the following applies: (i) the person is authorised to engage in the conduct referred to in paragraph (b) of this subsection in accordance with an approval under section 46A of the Quarantine Act 1908 or a compliance agreement; (ii) the person needs to engage in that conduct to comply with a direction given under another provision of this Act or the Quarantine Act 1908 by a quarantine official.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if the person is authorised to engage in the conduct referred to in paragraph (1)(b) under this Act or the Quarantine Act 1908, or under another Australian law.

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