Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 44

             (1)  When a vessel or installation is in quarantine then, until the vessel or installation is released from quarantine, no unauthorized person shall land or unship, or move with intent to land or unship, any goods from the vessel or installation.

Maximum penalty: Imprisonment for 10 years.

Penalty for receiving quarantinable goods

             (2)  A person must not receive or have in his or her possession any goods landed or unshipped from any vessel or installation in contravention of this section.

Maximum penalty: Imprisonment for 10 years.

             (3)  If a vessel or installation is displaying flags, lights or other signals that clearly indicate that the vessel or installation is in quarantine:

                     (a)  any unauthorised person who lands or unships goods from the vessel or installation, or moves goods on the vessel or installation, is presumed, in the absence of evidence to the contrary, to have intended to land or unship the goods, or to have moved the goods in order to land or unship them, as the case may be; and

                     (b)  any person who receives or has in his or her possession any goods landed or unshipped from the vessel or installation is presumed, in the absence of evidence to the contrary, to have known that the goods were landed or unshipped from the vessel or installation.

Note:          In a prosecution for an offence against this section, the defendant bears an evidential burden of proof in respect of evidence to the contrary.