# Penalty on master, owner, agent and charterer of vessel

> act-s232 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

232 Penalty on master, owner, agent and charterer of vessel
          (1) Where:
                (a) a non-citizen:
                      (i) enters Australia on a vessel; and
                     (ii) because he or she is not the holder of a visa that is in
                          effect, or because of section 173, becomes upon entry
                          an unlawful non-citizen; and
                    (iii) is a person to whom subsection 42(1) applies; or
                (b) a removee or deportee who has been placed on board a vessel
                    for removal or deportation leaves the vessel in Australia
                    otherwise than in immigration detention under this Act;
              the master, owner, agent and charterer of the vessel are each taken
              to commit an offence against this Act punishable by a fine not
              exceeding 100 penalty units.
        (1A) An offence against subsection (1) is an offence of absolute
             liability.
               Note:      For absolute liability, see section 6.2 of the Criminal Code.









        (1B) For the purposes of paragraph (1)(a), the defendant bears an
             evidential burden in relation to establishing that subsection 42(1)
             does not apply to a person because of subsection 42(2) or (2A) or
             regulations made under subsection 42(3).
               Note:      For evidential burden, see section 13.3 of the Criminal Code.

          (2) It is a defence to a prosecution for an offence against subsection (1)
              in relation to the entry of a non-citizen to Australia on a vessel if it
              is established:
                (a) that the non-citizen was, when he or she boarded or last
                     boarded the vessel for travel to Australia, in possession of
                     evidence of a visa that was in effect and that permitted him or
                     her to travel to and enter Australia, being a visa that:
                        (i) did not appear to have been cancelled; and
                       (ii) was expressed to continue in effect until, or at least
                            until, the date of the non-citizen’s expected entry into
                            Australia; or
                (b) that the master of the vessel had reasonable grounds for
                     believing that, when the non-citizen boarded or last boarded
                     the vessel for travelling to and entering Australia, the
                     non-citizen:
                        (i) was eligible for a special category visa; or
                       (ii) was the holder of a special purpose visa; or
                      (iii) would, when entering Australia, be the holder of a
                            special purpose visa; or
                      (iv) was the holder of an enforcement visa; or
                       (v) would, when entering Australia, be the holder of an
                            enforcement visa; or
                (c) that the vessel entered Australia from overseas only because
                     of:
                        (i) the illness of a person on board the vessel; or
                       (ii) stress of weather; or
                      (iii) other circumstances beyond the control of the master.
          (3) A defendant bears a legal burden in relation to the matters in
              subsection (2).