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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Quarantine
Amendment Bill 1998
No. ,
1998
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Quarantine Act 1908, and for related purposes
ISBN: 0642
378703
Contents
A Bill for an Act to amend the Quarantine Act
1908, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Quarantine Amendment Act
1998.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Item 86 of Schedule 1 commences on the same day as the Environment
Protection and Biodiversity Conservation Act 1998.
(3) The remaining items of Schedule 1 commence on a day to be fixed by
Proclamation.
(4) If those remaining items of Schedule 1 do not commence under
subsection (3) within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, they commence on the first day after the end of
that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 2B(1)
After “quarantinable disease”, insert “or quarantinable
pest”.
2 Subsections 2B(3) and (4)
Repeal the subsections, substitute:
(3) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (2); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 10 years.
3 Section 4
Repeal the section, substitute:
In this Act, quarantine includes, but is not limited to,
measures:
(a) for, or in relation to, the examination, exclusion, detention,
observation, segregation, isolation, protection, treatment and regulation of
vessels, installations, human beings, animals, plants or other goods or things;
and
(b) having as their object the prevention or control of the introduction,
establishment or spread of diseases or pests that will or could cause
significant damage to human beings, animals, plants, other aspects of the
environment or economic activities.
4 Subsection 5(1)
Insert:
aircraft means any machine or craft that can derive support
in the atmosphere from the reactions of the air or from buoyancy but does not
include an air cushion vehicle.
5 Subsection 5(1)
Insert:
analyst means a person appointed under section
86DA.
6 Subsection 5(1)
Insert:
animals, plants or goods or animals, plants or other
goods includes, to avoid doubt, any goods as defined by this
subsection.
7 Subsection 5(1)
Insert:
area in the vicinity of the Protected Zone means an area
adjacent to the Protected Zone that is declared by the Minister under subsection
(8) to be an area in the vicinity of the Protected Zone.
8 Subsection 5(1)
Insert:
Australia, when used in a geographical sense, includes the
Territory of Ashmore and Cartier Islands but does not include the Territory of
Christmas Island.
9 Subsection 5(1)
Insert:
ballast water means water (including sediment that is or has
been contained in water) used as ballast.
10 Subsection 5(1)
Insert:
commander, in relation to an aircraft, means the person in
charge or command of the aircraft.
11 Subsection 5(1)
Insert:
Commonwealth, when used in a geographical sense, includes the
Territory of Ashmore and Cartier Islands but does not include the Territory of
Christmas Island.
12 Subsection 5(1)
Insert:
compliance with this Act has the meaning given by subsection
5(1A).
13 Subsection 5(1)
Insert:
compliance agreement has the meaning given by section
66B.
14 Subsection 5(1)
Insert:
contravention of this Act has the meaning given by subsection
5(1A).
15 Subsection 5(1)
Insert:
discharge, in relation to a vessel or installation, includes
any escape, spilling, leaking, pumping, emptying or other release, however
caused, from the vessel or installation.
16 Subsection 5(1) (definition of
disease, in relation to animals)
Repeal the definition.
17 Subsection 5(1) (definition of
disease, in relation to plants)
Repeal the definition.
18 Subsection 5(1)
Insert:
disease includes a micro-organism, a disease agent, an
infectious agent and a parasite.
19 Subsection 5(1)
Insert:
document includes a book and any record.
20 Subsection 5(1)
Insert:
enter:
(a) in relation to a port that is a place at which aircraft can land,
includes land at; and
(b) in relation to a vessel or vehicle, includes go on board.
21 Subsection 5(1)
Insert:
environment includes all aspects of the surroundings of human
beings, whether natural surroundings or surroundings created by human beings
themselves, and whether affecting them as individuals or in social
groupings.
22 Subsection 5(1)
Insert:
evidential material means any of the following things,
including such a thing in electronic form:
(a) a thing with respect to which an offence against this Act has been
committed or is suspected, on reasonable grounds, to have been committed;
(b) a thing that there are reasonable grounds for suspecting will afford
evidence as to the commission of an offence against this Act;
(c) a thing that there are reasonable grounds for suspecting is intended
to be used for the purpose of committing an offence against this Act.
23 Subsection 5(1) (at the end of the definition
of examine)
Add:
; and (d) in relation to a vessel, installation or premises—carry
out tests on, or take samples from, the vessel, installation or
premises.
24 Subsection 5(1)
Insert:
executing officer, for a warrant, means the person named in
the warrant as being responsible for executing the warrant.
25 Subsection 5(1)
Insert:
exposed has the meaning given by section 5B.
26 Subsection 5(1)
Insert:
give includes grant.
27 Subsection 5(1) (definition of
goods)
Repeal the definition, substitute:
goods includes:
(a) an animal; and
(b) a plant (whether moveable or not); and
(c) any other article, substance or thing (including, but not limited to,
any kind of moveable property);
and, to avoid doubt, includes mail of any kind and ballast water.
28 Subsection 5(1)
Insert:
grant includes give.
29 Subsection 5(1)
Insert:
in quarantine, in relation to a vessel or installation, has a
meaning affected by section 37.
30 Subsection 5(1) (definition of landing
place)
Omit “vessels engaged in navigation by air”, substitute
“aircraft”.
31 Subsection 5(1)
Insert:
level of quarantine risk has the meaning given by section
5D.
32 Subsection 5(1)
Insert:
magistrate means any magistrate, whether remunerated by
salary or not.
33 Subsection 5(1) (paragraph (a) of the
definition of master)
Repeal the paragraph, substitute:
(a) in relation to a vessel other than an aircraft—the person (other
than a ship’s pilot) in charge or command of the vessel; and
(aa) in relation to an aircraft—the commander of the aircraft;
and
34 Subsection 5(1)
Insert:
occupier of premises:
(a) means the person in charge of the premises; and
(b) in Part VIA, includes the person apparently in charge of the
premises.
35 Subsection 5(1)
Insert:
offence against this Act includes:
(a) an offence against the regulations; and
(b) an offence against section 6, 7 or 7A or subsection 86(1) of the
Crimes Act 1914 in relation to an offence against this Act or the
regulations.
36 Subsection 5(1)
Insert:
officer assisting, in relation to a warrant, means:
(a) a quarantine officer who is assisting in executing the warrant;
or
(b) a person who is not a quarantine officer but has been authorised by
the relevant executing officer to assist in executing the warrant.
37 Subsection 5(1)
Insert:
officer of Customs has the same meaning as in the Customs
Act 1901.
38 Subsection 5(1)
Insert:
on, in relation to premises, includes in.
39 Subsection 5(1)
Insert:
operator means:
(a) in relation to a vessel (other than an aircraft) or installation that
is in the course of, or has completed, a voyage:
(i) if a person is or was responsible for the operation of the vessel or
installation during the voyage under a charter party or similar
agreement—that person; or
(ii) otherwise—the owner of the vessel or installation; or
(b) in relation to an aircraft that is in the course of, or has completed,
a flight:
(i) if a person is or was responsible for the operation of the aircraft
during the flight under an agreement entered into with the owner of the aircraft
for the hire or charter of the aircraft—that person; or
(ii) otherwise—the owner of the aircraft.
40 Subsection 5(1)
Insert:
overseas aircraft means an overseas vessel that is an
aircraft.
41 Subsection 5(1) (definition of oversea
vessel)
Repeal the definition.
42 Subsection 5(1)
Insert:
overseas vessel means a vessel other than:
(a) an Australian vessel; or
(b) a Cocos Islands vessel;
and includes a vessel that is on a voyage from Australia to the Cocos
Islands or from the Cocos Islands to Australia.
43 Transitional provision relating to overseas
vessels
A reference to an oversea vessel in any Proclamation, order, determination,
declaration or other document that was in force under the Quarantine Act
1908 immediately before the commencement of this Schedule is taken to be a
reference to an overseas vessel.
44 Subsection 5(1) (definition of
pest)
Repeal the definition, substitute:
pest includes any animal, or any plant, that is a
pest.
45 Subsection 5(1)
Insert:
police officer means:
(a) a member or special member of the Australian Federal Police;
or
(b) a member of the police force or police service of a State or
Territory.
46 Subsection 5(1) (definition of
port)
Repeal the definition, substitute:
port includes:
(a) in relation to aircraft—any place at which an aircraft can land,
whether a landing place or not; and
(b) in relation to a vessel in respect of which a permission is in force
under subsection 20AA(1)—the place to which the vessel may be brought
under the permission.
47 Subsection 5(1)
Insert:
premises includes any place (whether enclosed or built on, or
not) and, in particular, includes:
(a) a building, wharf or other structure; and
(b) a vessel; and
(c) an Australian installation; and
(d) a vehicle; and
(e) a part of premises (including a part of any of the above).
48 Subsection 5(1)
Insert:
proclaimed place has the meaning given by section
12.
49 Subsection 5(1) (definition of
quarantinable disease)
Omit “plague, cholera, yellow fever, typhus fever, or leprosy,
or”.
50 Saving of Proclamations
A Proclamation made by the Governor-General for the purposes of the
definition of quarantinable disease in subsection 5(1) of the
Quarantine Act 1908 that was in force immediately before the commencement
of this Schedule continues in force and is taken to have been made for the
purposes of that definition as amended by item 49.
51 Subsection 5(1)
Insert:
quarantinable pest means any pest declared by the
Governor-General, by Proclamation, to be a quarantinable pest.
52 Subsection 5(1)
Insert:
Secretary means Secretary to the Department.
53 Subsection 5(1)
Insert:
Special Quarantine Zone means an area declared by the
Minister under section 5A to be a Special Quarantine Zone.
54 Subsection 5(1)
Insert:
thing includes any goods.
55 Subsection 5(1)
Insert:
treatment means any process for controlling or eliminating a
disease or pest and:
(a) in relation to a vessel, installation or premises, includes
examination, spraying, fumigation, disinfection, denaturing and cleaning;
and
(b) in relation to a person, includes examination, spraying, fumigation,
disinfection and cleaning; and
(c) in relation to an animal, includes examination, disinfection,
denaturing, vaccination, testing and veterinary treatment; and
(d) in relation to a plant or other goods, includes examination, spraying,
fumigation, disinfection, denaturing, sorting, cleaning and repacking.
56 Subsection 5(1)
Insert:
under this Act has the meaning given by subsection
5(1A).
57 Subsection 5(1) (definition of
vessel)
Repeal the definition, substitute:
vessel means:
(a) a ship, boat or other description of vessel used in navigation by sea;
or
(b) an aircraft; or
(c) an air cushion vehicle; or
(d) an off-shore industry mobile unit (being an overseas installation)
that is bound for, or is at, a port;
and includes a part of any of the above.
58 Subsection 5(1)
Insert:
voyage, in relation to a vessel that is an aircraft, means
flight.
59 After subsection 5(1)
Insert:
(1A) In this Act, unless the contrary intention appears, references to
under this Act, contravention of this Act and
compliance with this Act are taken to be references to under,
contravention of, or compliance with, as the case may be:
(a) this Act, the regulations, a Proclamation under this Act or a term of
a compliance agreement; or
(b) an order, determination or declaration made, or an approval,
direction, authorisation, permission or permit given, under this Act, the
regulations, such a Proclamation or a term of such an agreement; or
(c) a condition, restriction or requirement imposed under any of the
above.
60 After section 5
Insert:
The Minister may, by notice published in the Gazette, declare an
area described in the notice to be a Special Quarantine Zone for the purposes of
this Act.
(1) For the purposes of this Act, a person or thing is taken to have been
exposed to another person or to a thing if the first-mentioned
person or thing has been, or is likely to have been:
(a) in physical contact with; or
(b) in close proximity to; or
(c) exposed to contamination, infestation or infection from;
the other person or thing or a person or thing to which the other person or
thing is taken by this subsection to have been exposed.
(2) In this section:
thing includes any vessel, installation, premises, vehicle or
goods.
(1) To avoid doubt:
(a) subject to subsection (2), a person (the first person)
who has power, or is required, under this Act to do a thing has power to cause
another person to do the thing on behalf of the first person or can comply with
the requirement by causing another person to do the thing on behalf of the first
person, as the case may be; and
(b) a person who has power, or is required, under this Act to cause or
direct a thing to be done has power to do the thing himself or herself or can
comply with the requirement by doing the thing himself or herself, as the case
may be.
(2) The reference in paragraph (1)(a) to a power or requirement to do a
thing does not include a reference to a power or requirement to give a
direction.
A reference in this Act to a level of quarantine risk is a
reference to:
(a) the probability of:
(i) a disease or pest being introduced, established or spread in Australia
or the Cocos Islands; and
(ii) the disease or pest causing harm to human beings, animals, plants,
other aspects of the environment, or economic activities; and
(b) the probable extent of the harm.
The express references in this Act to aircraft and the commander of an
aircraft do not imply that references in this Act to vessels and the master of a
vessel do not also include references to aircraft and the commander of an
aircraft, respectively.
61 At the end of section 6
Add:
(2) Any references in provisions of this Act to the Cocos Islands do not
imply that references to Australia or to the Commonwealth in other provisions of
this Act do not also include references to the Cocos Islands.
Note: Under paragraph 17(a) of the Acts Interpretation
Act 1901, in any Act Australia and the
Commonwealth include the Cocos Islands unless the contrary intention
appears.
62 Sections 6AA and 6AB
Repeal the sections, substitute:
This Act does not extend to the Territory of Christmas Island.
This Act extends to the Territory of Ashmore and Cartier
Islands.
63 After section 6A
Insert:
(1) If:
(a) a provision of this Act refers to a Proclamation, order, determination
or declaration made, an approval, direction, authorisation, permission or permit
given, or any other act done, by the Governor-General, the Minister or the
Secretary or by a Director of Quarantine, Chief Quarantine Officer, quarantine
officer or another person; and
(b) there is no other provision of this Act expressly conferring power on
the Governor-General, Minister, Secretary, Director of Quarantine, Chief
Quarantine Officer, quarantine officer or other person to make such a
Proclamation, order, determination or declaration, give such an approval,
direction, authorisation, permission or permit or do such an act;
the Governor-General, Minister, Secretary, Director of Quarantine, Chief
Quarantine Officer, quarantine officer or other person has power by this
subsection to make such a Proclamation, order, determination or declaration,
give such an approval, direction, authorisation, permission or permit or do such
an act, as the case requires.
(2) If the Governor-General, the Minister or the Secretary or a Director
of Quarantine, Chief Quarantine Officer, quarantine officer or other person has
power under a provision of this Act (including power under subsection (1)) to
make a Proclamation, order, determination or declaration, give an approval,
direction, authorisation, permission or permit or do any other act, the power
may, unless the contrary intention appears, be exercised subject to conditions,
restrictions or requirements.
(3) Unless the contrary intention appears, any power conferred by this
Act, by a Proclamation under this Act, by the regulations or by a compliance
agreement, to make a Proclamation, order, determination or declaration or give
an approval, direction, authorisation, permission or permit includes:
(a) the power to suspend (for a period of not more than one year or until
the happening of an event occurring within such a period) a Proclamation, order,
determination or declaration so made or an approval, direction, authorisation,
permission or permit so given and to revoke such a suspension; and
(b) the power to vary or revoke a Proclamation, order, determination or
declaration so made or an approval, direction, authorisation, permission or
permit so given (including the power to vary or revoke at a time when the
relevant instrument is suspended under paragraph (a)).
(4) However, if a provision conferring a power to make a Proclamation,
order, determination or declaration, or give an approval, direction,
authorisation, permission or permit, allows a suspension, variation or
revocation only in particular circumstances, on particular grounds, subject to
particular conditions or after taking particular matters into account,
subsection (3) only permits a suspension, variation or revocation under the
power in those circumstances, on those grounds, subject to those conditions or
after taking those matters into account.
If a provision of this Act allows, or authorises a person to allow, the
importation of any thing, or provides for the making of a Proclamation, order,
determination or declaration, the giving of an approval, direction,
authorisation, permission or permit, or the doing of any other act, subject to a
condition, restriction or requirement, then, unless the contrary intention
appears:
(a) the provision extends to the imposition of such a condition,
restriction or requirement either before or after the importation of the thing,
or at or after the time of the making of the Proclamation, order, determination
or declaration, the giving of the approval, direction, authorisation, permission
or permit or the doing of the other act, as the case may be; and
(b) any reference in the provision to compliance with such a condition,
restriction or requirement is a reference to compliance either before or after
the importation of the thing, or at or after the time of the making of the
Proclamation, order, determination or declaration, the giving of the approval,
direction, authorisation, permission or permit or the doing of the other act, as
the case may be.
64 Subsections 8A(2) and
(3)
Repeal the subsections, substitute:
(2) The Minister may, by writing, determine that there are to be one or
more Chief Quarantine Officers (Human Quarantine) for a division or divisions of
human quarantine specified in the determination.
(3) Each Chief Quarantine Officer (Human Quarantine) is to perform his or
her functions and exercise his or her powers under, and subject to the
directions of, the Director of Human Quarantine
65 Saving of determinations
A determination made under subsection 8A(2) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under subsection 8A(2) substituted by
item 64.
66 Subsection 8A(6)
Repeal the subsection, substitute:
(6) Each quarantine officer (human quarantine) is to perform functions and
may exercise powers, for a division of quarantine for which he or she is
appointed, under, and subject to the directions of:
(a) the Chief Quarantine Officer (Human Quarantine) for the division;
or
(b) if there is no such Chief Quarantine Officer (Human
Quarantine)—the Director of Human Quarantine.
67 Subsection 8B(2)
Repeal the subsection, substitute:
(2) The Minister may, by writing, determine that there are to be Chief
Quarantine Officers (Animals) or Chief Quarantine Officers (Plants) for a
division or divisions of animal quarantine or plant quarantine, as the case may
be, specified in the determination.
68 Saving of determinations
A determination made under subsection 8B(2) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under subsection 8B(2) substituted by
item 67.
69 Subsection 8B(3)
Omit “All”, substitute “Any”.
70 Subsection 8B(6)
Repeal the subsection, substitute:
(6) Each quarantine officer (animals) or quarantine officer (plants) is to
perform functions and may exercise powers, for a division of quarantine for
which he or she is appointed, under, and subject to the directions of:
(a) the Chief Quarantine Officer for the division; or
(b) if there is no such Chief Quarantine Officer—the Director of
Animal and Plant Quarantine.
71 Subsection 9(1)
Omit “the Chief”, substitute “any Chief”.
72 Subsection 9(3)
Repeal the subsection, substitute:
(3) A quarantine officer (human quarantine) is to be appointed to a
division or divisions of human quarantine specified in the instrument of
appointment.
73 Saving of appointments
An appointment of a quarantine officer (human quarantine) made under
section 9 of the Quarantine Act 1908 that was in force immediately before
the commencement of this Schedule continues in force as if it had been made
under that section as amended by this Schedule.
74 Subsection 9AA(2)
Repeal the subsection, substitute:
(2) The Minister may, by writing, appoint Chief Quarantine Officers
(Animals) or Chief Quarantine Officers (Plants).
75 Subsection 9AA(4)
Omit “quarantine for which a Chief Quarantine Officer (Animals) or a
Chief Quarantine Officer (Plants), as the case may be, is appointed”,
substitute “animal quarantine or plant quarantine, as the case may be,
specified in the instrument of appointment”.
76 Saving of appointments
An appointment of a quarantine officer (animals) or a quarantine officer
(plants) made under section 9AA of the Quarantine Act 1908 that was in
force immediately before the commencement of this Schedule continues in force as
if it had been made under that section as amended by this Schedule.
77 Subsection 9A(1)
Omit “The Director”, substitute “A
Director”.
78 Subsection 9A(1A)
Omit “the Director”, substitute “a
Director”.
79 Subsection 9A(1B)
Repeal the subsection, substitute:
(1B) A person appointed as a temporary quarantine officer under subsection
(1) or authorised to act as a temporary quarantine officer under subsection
(1A):
(a) is to be appointed to, or authorised to act in, a division or
divisions of quarantine specified in the instrument of appointment;
and
(b) is, in the performance of his or her functions and in the exercise of
his or her powers in respect of a division of quarantine to which he or she is
appointed or in which he or she is authorised to act, subject to the directions
of:
(i) the Chief Quarantine Officer for the division; or
(ii) if there is no such Chief Quarantine Officer—the relevant
Director of Quarantine.
80 Subsection 9A(4)
Repeal the subsection.
81 Saving of appointments and
authorities
An appointment of a person as, or an authority of a person to act as, a
temporary quarantine officer made under section 9A of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under that section as amended by this
Schedule.
82 Sections 10, 10A and 10B
Repeal the sections, substitute:
The Minister may, by signed writing, delegate to the Secretary, a
Director of Quarantine or an officer all or any of his or her powers under this
Act.
The Secretary may, by signed writing, delegate to a Director of
Quarantine or an officer all or any of his or her powers under this
Act.
A Director of Quarantine may, by signed writing, delegate to an officer
all or any of his or her powers under this Act.
83 Saving of delegations
(1) A delegation given by the Minister under section 10 of the
Quarantine Act 1908 that was in force immediately before the commencement
of this Schedule continues in force and is taken to have been given under
section 10 substituted by item 82.
(2) A delegation given by a Director of Quarantine under section 10B of the
Quarantine Act 1908 that was in force immediately before the commencement
of this Schedule continues in force and is taken to have been given under
section 10B substituted by item 82.
84 Section 11
Repeal the section, substitute:
(1) The Governor-General may enter into an arrangement with the Governor
of any State or the Administrator of the Northern Territory with respect to all
or any of the following matters:
(a) the use of any State or Territory quarantine station or other place in
the State or Territory as a quarantine station under this Act, and the control
and management of any such quarantine station;
(b) any matters necessary or convenient to be arranged in order to enable
the Commonwealth quarantine authorities and the State or Territory health or
other authorities to act in aid of each other in preventing the introduction,
establishment or spread of diseases or pests.
(2) The Prime Minister may enter into an arrangement with the Chief
Minister of the Australian Capital Territory with respect to all or any of the
following matters:
(a) the use of any Australian Capital Territory quarantine station or
other place in the Australian Capital Territory as a quarantine station under
this Act, and the control and management of any such quarantine
station;
(b) any matters necessary or convenient to be arranged in order to enable
the Commonwealth quarantine authorities and the Australian Capital Territory
health or other authorities to act in aid of each other in preventing the
introduction, establishment or spread of diseases or pests.
85 Saving of arrangements
An arrangement entered into under section 11 of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force and is taken to have been entered into under subsection 11(1)
substituted by item 84.
86 After Part II
Insert:
In this Part:
Environment Minister means the Minister administering the
Environment Protection and Biodiversity Conservation Act 1998.
To avoid doubt, a decision to do, or not to do, anything under this Act
is taken to be a decision to grant a governmental authorisation for the purposes
of subsection 524(2) of the Environment Protection and Biodiversity Conservation
Act 1998.
Before making a decision under this Act the implementation of which is
likely to result in a significant risk of harm to the environment, a Director of
Quarantine must:
(a) ensure that the Environment Minister is told of the Director’s
intention to make the decision; and
(b) give the Environment Minister an assessment of the potential impact of
the decision on the environment.
If the Environment Minister is told under section 11C of the intention of
a Director of Quarantine to make a decision, the Environment Minister may give
written advice to the Director of Quarantine as to the action that should be
taken to prevent or limit any harm that may be caused to the environment as a
result of the implementation of the decision.
(1) This section applies if the Director of Quarantine receives any advice
from the Environment Minister within 28 days after the Environment Minister was
told under section 11C of the Director’s intention to make a
decision.
(2) The Director of Quarantine must ensure that:
(a) the advice is taken into account in making the decision; and
(b) the Environment Minister is told how the advice has been taken into
account.
87 Section 12
After “quarantinable disease” (wherever occurring), insert
“or quarantinable pest”.
88 Section 12A
Repeal the section, substitute:
(1) If, in the opinion of the Minister, an emergency has arisen that
requires the taking of action not otherwise authorised under this Act, the
Minister may take such quarantine measures, or measures incidental to
quarantine, and give such directions, as he or she thinks necessary or desirable
for the diagnosis, for the prevention or control of the introduction,
establishment or spread, for the eradication, or for the treatment, of any
disease or pest.
(2) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (1); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 10 years.
89 Paragraphs 13(1)(a) and
(aaa)
Omit “oversea” (wherever occurring), substitute
“overseas”.
90 Paragraph 13(1)(aa)
Omit “vessels engaged in navigation by air”, substitute
“aircraft”.
91 Saving of Proclamations
A Proclamation made under paragraph 13(1)(aa) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under that paragraph as amended by
this Schedule and as if references in the Proclamation to vessels engaged in
navigation by air were references to aircraft.
92 Paragraph 13(1)(b)
Repeal the paragraph, substitute:
(b) declare any ports in Australia or the Cocos Islands to be ports where
imported animals, plants or other goods, or imported animals, plants or other
goods of a particular kind or description or having a particular use, may be
landed;
93 Saving of Proclamations
A Proclamation made under paragraph 13(1)(b) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under paragraph 13(1)(b) substituted
by item 92.
94 After paragraph 13(1)(c)
Insert:
(ca) declare a disease or pest to be a quarantinable disease or
quarantinable pest, as the case may be;
95 Paragraph 13(1)(d)
Repeal the paragraph, substitute:
(d) prohibit the introduction or importation into Australia, or prohibit
the introduction or importation into the Cocos Islands, of any disease or pest
or any substance, article or thing containing, or likely to contain, any disease
or pest;
96 Saving of Proclamations
A Proclamation made under paragraph 13(1)(d) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under paragraph 13(1)(d) substituted
by item 95.
97 Paragraph 13(1)(e)
Repeal the paragraph, substitute:
(e) prohibit the importation into Australia, or prohibit the importation
into the Cocos Islands, of any articles or things likely, in his or her opinion,
to introduce, establish or spread any disease or pest;
98 Saving of Proclamations
A Proclamation made under paragraph 13(1)(e) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been made under paragraph 13(1)(e) substituted
by item 97.
99 Paragraph 13(1)(fa)
Repeal the paragraph, substitute:
(fa) prohibit the bringing into any port or other place in Australia or
the Cocos Islands of any animals, plants or other goods;
100 After paragraph
13(1)(g)
Insert:
(ga) prohibit the removal of any animals, plants or other goods from
Australia or a part of Australia to the Cocos Islands or a part of the Cocos
Islands or from the Cocos Islands or a part of the Cocos Islands to Australia or
a part of Australia;
101 Paragraph 13(1)(h)
Repeal the paragraph, substitute:
(h) declare any part of the Commonwealth or of the Cocos Islands in which
any disease or pest exists, or is suspected to exist, to be a quarantine
area;
102 Paragraph 13(1)(i)
Repeal the paragraph, substitute:
(i) declare that any vessel, people, animals, plants or other goods in any
quarantine area, or in any part of the Commonwealth or of the Cocos Islands in
which a disease or pest exists, or is suspected to exist, are to be subject to
quarantine.
103 Subsections 13(1A) and
(1B)
Omit “oversea” (wherever occurring), substitute
“overseas”.
104 Subsection 13(2)
Omit “or with limitations as to place and subject matter, and”,
substitute “or as otherwise provided by the instrument authorising the
prohibition, including prohibition”.
105 Subsection 13(2A)
Repeal the subsection, substitute:
(2A) A Proclamation under subsection (1):
(a) prohibiting the introduction into Australia or the Cocos Islands of
any thing; or
(b) prohibiting the importation into Australia or the Cocos Islands of any
thing; or
(c) prohibiting the bringing into a port or other place in Australia or
the Cocos Islands of any thing; or
(d) prohibiting the removal of any thing:
(i) from a part of Australia to another part of Australia; or
(ii) from a part of the Cocos Islands to another part of the Cocos
Islands; or
(iii) from Australia or a part of Australia to the Cocos Islands or a part
of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to
Australia or a part of Australia;
may provide that the introduction, importation, bringing or removal of the
thing is prohibited unless a permit to introduce, import, bring or remove the
thing is granted by a Director of Quarantine.
(2AA) A Director of Quarantine may, for the purposes of subsection (2A),
grant a permit that relates to a specified act, or a specified class of acts, in
relation to a specified thing or a specified class of things.
106 Subsection 13(2B)
Omit “importation”, substitute “introduction,
importation, bringing”.
107 Paragraph 13(2C)(a)
Repeal the paragraph, substitute:
(a) that the level of quarantine risk in respect of the introduction,
importation, bringing or removal of the thing or class of things to which the
permit relates has altered; or
108 Subsection 13(3)
Repeal the subsection, substitute:
(3) The powers conferred on the Governor-General by this section, in
relation to the matters specified in paragraphs (1)(g), (ga), (h) and (i), so
far as they relate to vessels, people, animals, plants or other goods, or any
disease or pest, are exercisable in relation to the Commonwealth or the Cocos
Islands only if the Governor-General is satisfied that the exercise of the
powers is necessary for the purpose of preventing the introduction,
establishment or spread of a disease or pest.
109 Subsections 13(4) and
(5)
Omit “articles, animals or plants” (wherever occurring),
substitute “animals, plants or other goods”.
110 At the end of section
13
Add:
(6) If there is in force a Proclamation (the relevant
Proclamation) under subsection (1) (whether made before or after the
commencement of this subsection) prohibiting:
(a) the bringing into a port or other place in Australia of any animals,
plants or other goods; or
(b) the removal of any animals, plants or other goods:
(i) from a part of Australia to another part of Australia; or
(ii) from a part of the Cocos Islands to another part of the Cocos
Islands; or
(iii) from Australia or a part of Australia to the Cocos Islands or a part
of the Cocos Islands; or
(iv) from the Cocos Islands or a part of the Cocos Islands to Australia or
a part of Australia;
the Governor-General may, by Proclamation (the exempting
Proclamation), either generally or subject to such conditions or
restrictions as are specified in the exempting Proclamation, exempt from the
operation of the relevant Proclamation animals, plants or other goods of a kind
specified in the exempting Proclamation, being animals, plants or other goods
that:
(c) are brought or removed, on board a Protected Zone vessel, from a part
of Australia that:
(i) is in the Protected Zone; or
(ii) is in an area in the vicinity of the Protected Zone; or
(iii) is in a Special Quarantine Zone; and
(d) are owned by, or are under the control of, a traditional inhabitant
who is on board that vessel.
(7) A Proclamation made under subsection (1) may, either generally or
subject to such conditions or restrictions as are specified in the Proclamation,
exempt from the operation of the Proclamation any animals, plants or other goods
specified in the Proclamation, being animals, plants or other goods in respect
of which an exemption may be granted under subsection (6).
111 Paragraph 14(d)
Omit “, or goods”, substitute “or goods or any classes of
persons, animals, plants or other goods”.
112 Saving of exemptions
If:
(a) an exemption was in force under section 14 or 14A of the Quarantine
Act 1908 immediately before the commencement of this Schedule in respect of
a provision of that Act as in force at that time; and
(b) the provision is repealed by this Schedule and a corresponding
provision is inserted in the Quarantine Act 1908 by this
Schedule;
the exemption continues in force as if it had been granted under that
section on that commencement in respect of the corresponding
provision.
113 Section 15
Repeal the section, substitute:
(1) A Director of Quarantine may give to the operator or master
of:
(a) a vessel going from one State or part of the Commonwealth to another
State or part of the Commonwealth; or
(b) a vessel carrying passengers and trading regularly with the
Commonwealth; or
(c) a vessel coming from, or which has called at, a proclaimed
place;
a direction to cause to be carried on the vessel, for a period specified in
the direction, such prophylactic agents, efficient disinfecting apparatus or
appliances, and disinfectants, as are so specified.
(2) A person is guilty of an offence if:
(a) a Director of Quarantine gives a direction to the person under
subsection (1); and
(b) the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict
liability.
114 Orders taken to be
directions
If an order made by the Minister under subsection 15(1) of the
Quarantine Act 1908 (the repealed subsection) was in force
immediately before the commencement of this Schedule:
(a) the order continues in force as if it were a direction given by a
Director of Quarantine under subsection 15(1) substituted by item 113;
and
(b) any prophylactic agents that were prescribed, or disinfecting
apparatus or appliances, or disinfectants, that were approved by the Minister,
at that time for the purposes of the repealed subsection are taken to be
specified in the direction; and
(c) the period that was prescribed at that time for the purposes of the
repealed subsection is taken to be specified in the direction.
115 Section 15A
Repeal the section.
116 Subsection 16AC(2) (including the
penalty)
Repeal the subsection and penalty, substitute:
(2) If:
(a) a person imports goods into Australia or the Cocos Islands;
and
(b) notice of the proposed importation of the goods was not given under
subsection (1);
the person must, within the period applicable under subsection (2A), cause
notice of the importation to be given in accordance with this section.
(2A) The period within which notice of the importation of goods is to be
given by a person under subsection (2) is 35 days after:
(a) the day on which the person or an agent of the person receives notice
of the landing of the goods; or
(b) if the person or an agent of the person does not receive notice of the
landing of the goods before the person or agent receives the goods—the day
on which the goods are so received.
(2B) A person is guilty of an offence if:
(a) the person is required by subsection (2) to cause a notice of the
importation of goods to be given in accordance with this section; and
(b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 2 years.
117 Subparagraph
16AC(5)(a)(ii)
Omit “within the meaning of the Customs Act
1901”.
118 Subsection 16AC(6)
Repeal the subsection, substitute:
(5A) Without limiting subsection (5), the regulations may provide that the
doing of something specified in the regulations is, or is in circumstances or
subject to conditions so specified, taken to constitute the giving of a notice
under subsection (1) or (2).
(6) If a notice under this section:
(a) is given to an officer of Customs; or
(b) is given by the lodging of an entry under the Customs Act 1901
as mentioned in paragraph (5)(b); or
(c) is taken to be given by the doing of something specified in
regulations under subsection (5A);
a person to whom section 16 of the Customs Administration Act 1985
applies may, despite that section, give the notice, particulars of the entry, or
particulars of the thing the doing of which is taken to constitute the giving of
the notice, as the case may be, to a quarantine officer.
119 Saving of regulations
A regulation purporting to make a provision of a kind mentioned in
subsection 16AC(5A) substituted by item 118 that purported to be in force
immediately before the commencement of this Schedule is as valid as it would
have been if it had been made after that commencement.
120 Subsection 16AD(4) (including the
penalty)
Repeal the subsection and penalty, substitute:
(4) A person is guilty of an offence if:
(a) a notice is given to the person under subsection (1); and
(b) the person fails to comply with the notice.
Maximum penalty: 120 penalty units.
Note: This section is subject to the privilege against self
incrimination (see subsection 79A(3)).
121 Section 16AE (penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
122 Subsection 16AF(2) (including the
penalty)
Repeal the subsection and penalty, substitute:
(2) A notice given to a person under subsection (1) may require the person
to do a specified thing for the purpose of giving effect to the
decision.
(3) A person is guilty of an offence if:
(a) a notice given to the person under subsection (1) requires the person
to do a specified thing; and
(b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 5 years.
123 At the end of Part III
Add:
If a vessel that is at a place in Australia other than a port arrived at
the place (whether before or after the commencement of this section) in
contravention of this Act, an officer may perform any functions or exercise any
powers under this Act in relation to the vessel, its operator, master, crew or
passengers, or any goods on it, that he or she could have performed or exercised
if the vessel were at a port.
124 Subsection 17(1)
Omit “Every” (wherever occurring), substitute
“every”.
125 Paragraphs 17(1)(a) and
(b)
Omit “oversea”, substitute “overseas”.
126 Paragraphs 17(1)(b) and
(2)(b)
Omit “or disease which there is reason to believe or suspect to be a
quarantinable disease”, substitute “or quarantinable pest, or
disease or pest that there is reason to believe or suspect to be a quarantinable
disease or a quarantinable pest,”.
127 Paragraphs 17(1)(b) and
17(2)(b)
Omit “and” (last occurring).
128 Subsection 18(1)
Omit “Every” (wherever occurring), substitute
“every”.
129 Paragraphs 18(1)(a) and
(2)(a)
Omit “oversea”, substitute “overseas”.
130 Paragraph 18(1)(b)
After “disease”, insert “or quarantinable
pest”.
131 Paragraph 18(1)(d)
Omit “and”.
132 At the end of subsection
18(1)
Add:
; (f) every person who is ordered into quarantine by a quarantine
officer.
133 Subsection 18(2)
Omit “All” (wherever occurring), substitute
“all”.
134 Paragraph 18(2)(b)
After “disease”, insert “or quarantinable
pest”.
135 Paragraph 18(2)(c)
After “disease”, insert “or quarantinable
pest”.
136 Paragraph 18(2)(d)
Omit “and”.
137 At the end of subsection
18(2)
Add:
; (f) any goods that are ordered into quarantine by a quarantine
officer.
138 Sections 20 and 20A
Repeal the sections, substitute:
(1) The master of an overseas vessel arriving in Australia or the Cocos
Islands is guilty of an offence if:
(a) the master permits the vessel to enter a place in Australia or the
Cocos Islands other than a port declared to be a first port of entry or a first
Cocos Islands port of entry, as the case may be; and
(b) the entry was made without the permission of the Minister under
section 20AA.
Maximum penalty: Imprisonment for 5 years.
(2) The master of an overseas vessel arriving in Australia or the Cocos
Islands is guilty of an offence if the master permits the vessel to
be:
(a) beached in Australia or the Cocos Islands; or
(b) moored, anchored or otherwise secured in waters on the landward side
of the baseline of the territorial sea of Australia or of the Cocos
Islands;
otherwise than at a port.
Maximum penalty: Imprisonment for 5 years.
Note: The master will not be guilty of an offence if the
prohibited conduct was due to sudden or extraordinary emergency (see section
10.3 of the Criminal Code).
The commander of an overseas aircraft is guilty of an offence
if:
(a) the commander permits the aircraft to land in Australia or the Cocos
Islands at a place other than a landing place; and
(b) the landing was made without the permission of the Minister given
under section 20AA.
Maximum penalty: Imprisonment for 5 years.
Note: The commander will not be guilty of an offence if the
landing was due to sudden or extraordinary emergency (see section 10.3 of the
Criminal Code).
139 Section 20AA
Omit “oversea”, substitute “overseas”.
140 At the end of section
20AA
Add:
(2) A person is guilty of an offence if:
(a) the person is, under subsection (1), given a permission that is
subject to a condition; and
(b) the condition is contravened; and
(c) the person is reckless as to whether or not the condition is
contravened.
Maximum penalty: Imprisonment for 5 years.
141 Sections 20B and 20C
Repeal the sections, substitute:
Proclamation of place
(1) If the Governor-General is of the opinion that there is danger of the
introduction into Australia or the Cocos Islands by aircraft of disease from any
place outside Australia or the Cocos Islands, as the case may be, he or she may,
by Proclamation, declare the place to be a place in relation to which this
section applies in respect of Australia or in respect of the Cocos Islands, as
the case may be.
Offences by commander and operator of aircraft
(2) The commander and the operator of any aircraft that enters Australia
or the Cocos Islands from or through a place declared under subsection
(1) to be a place in relation to which this section applies in respect of
Australia or the Cocos Islands, as the case may be, are each guilty of an
offence.
Maximum penalty: Imprisonment for 10 years.
Proclamation of conditions of entry
(3) The Governor-General may, by Proclamation, declare that a person must
not, so long as the Proclamation remains in force, enter Australia or the Cocos
Islands by an aircraft from any place outside Australia or the Cocos
Islands, as the case may be, specified in the Proclamation unless the
person has complied with the conditions stated in the Proclamation.
Conditions that may be proclaimed
(4) The conditions stated in a Proclamation under subsection (3) are such
conditions as the Governor-General thinks necessary or desirable for avoiding
the possibility of the entry into Australia or the Cocos Islands of people
suffering from, or capable of communicating, any disease.
Offence by person entering in reckless contravention of
condition
(5) A person is guilty of an offence if:
(a) the person enters Australia or the Cocos Islands in contravention of a
condition stated in a Proclamation made under subsection (3); and
(b) the person is reckless as to whether or not the condition is
contravened.
Maximum penalty: Imprisonment for 10 years.
Meaning of entry from place outside Australia or Cocos
Islands
(6) For the purposes of this section, and of any Proclamation under this
section, a person is taken to enter Australia or the Cocos Islands from a
place outside Australia or the Cocos Islands, as the case may be, if he
or she has been in that place within 21 days before his or her arrival in
Australia or the Cocos Islands, as the case may be.
Aircraft etc. may be ordered into quarantine
(1) If an aircraft that is subject to quarantine makes a landing at any
place in Australia or the Cocos Islands that is not a landing place, the
aircraft and any person, animal, plant or other goods on board are taken, for
the purposes of this Act, to be ordered into quarantine.
Direction for dealing with aircraft etc.
(2) A Director of Quarantine may give directions as to how an aircraft, a
person, an animal, a plant or other goods referred to in subsection (1) are to
be dealt with.
To whom directions may be given
(3) A direction under subsection (2) may be given, as appropriate,
to:
(a) the operator or commander of the aircraft; or
(b) any person who is on board the aircraft or was on board it when it
landed; or
(c) the importer of, or any person in control of, the animal, plant or
other goods.
Exception for aircraft landing with permission
(4) Subsection (1) does not apply in relation to an aircraft that lands at
a place other than a landing place in accordance with the permission of the
Minister given under section 20AA.
Exception not to apply if condition of permission is
contravened
(5) However, subsection (1) is not precluded by subsection (4) from
applying in relation to the aircraft if:
(a) the permission is subject to a condition; and
(b) the condition is contravened.
Offence for failing to comply with direction
(6) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (2); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 5 years.
Goods may only be landed at declared port
(1) Except as provided by subsection (2), imported animals, plants or
other goods must not be landed at a place in Australia or the Cocos Islands
other than a port declared by Proclamation to be a port at which they may be
landed.
Exception for goods landed with permission
(2) Imported animals, plants or other goods may be landed at a place in
Australia or the Cocos Islands that is not a port declared by Proclamation to be
a port at which they may be landed if:
(a) they are landed from an overseas vessel; and
(b) a Director of Quarantine has, upon application made by the master,
owner or agent of the vessel, given the applicant written permission for them to
be landed at the place; and
(c) where the permission is subject to a condition—the condition is
complied with.
Offence for landing goods without permission
(3) A person is guilty of an offence if:
(a) the person lands any imported animals, plants or other goods in a
place in Australia or the Cocos Islands that is not a port declared by
Proclamation to be a port at which they may be landed; and
(b) no permission is in force under subsection (2) for them to be landed
at the place
Maximum penalty: Imprisonment for 10 years.
Offence for contravening condition of permission
(4) A person is guilty of an offence if:
(a) the person lands any imported animals, plants or other goods at a
place in Australia or the Cocos Islands that is not a port declared by
Proclamation to be a port at which they may be landed; and
(b) a permission is in force under subsection (2) for them to be landed at
the place; and
(c) the permission is subject to a condition that is to be complied with
after they are landed; and
(d) the condition is contravened; and
(e) the person is reckless as to whether or not the condition is
contravened.
Maximum penalty: Imprisonment for 10 years.
142 Subsection 21(1) (including the
penalty)
Repeal the subsection and penalty, substitute:
(1) The master of a vessel (other than an aircraft) subject to quarantine
is guilty of an offence if he or she:
(a) fails to display the quarantine signal on the vessel before it comes
within 3 nautical miles of any port or within 500 metres of an Australian
installation; and
(b) fails to keep the quarantine signal displayed on the vessel while it
enters, or is in, any port or quarantine station or is at an Australian
installation.
Maximum penalty: 50 penalty units.
(1A) The commander of an aircraft subject to quarantine is guilty of an
offence if he or she:
(a) fails to display and keep displayed the prescribed signal;
and
(b) on arrival at the first landing place in Australia or the Cocos
Islands, or on arrival at an Australian installation and at each landing place
afterwards called at, fails to cause the aircraft to come to a stop as near as
possible to a spot marked by the prescribed signal on the landing
place.
Maximum penalty: 50 penalty units.
143 Saving of regulations
Any regulation prescribing a signal for the purposes of paragraph 21(1)(c)
of the Quarantine Act 1908 that was in force immediately before the
commencement of this Schedule continues in force as if it prescribed that signal
for the purposes of subsection 21(1A) inserted by item 142.
144 Subsection 21(2)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
145 At the end of section
21
Add:
(3) An offence against this section is an offence of strict
liability.
146 At the end of paragraph
22(1)(c)
Add “or a quarantinable pest”.
147 At the end of subsection
22(1)
Add:
Maximum penalty: Imprisonment for 5 years.
148 Subsection 22(1A)
Repeal the subsection.
149 Subsection 22(2)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
150 At the end of section
22
Add:
(3) A notice under subsection (2) is to be in accordance with a form
approved by a Director of Quarantine.
(4) In this section:
vessel includes:
(a) an Australian resources installation, or another resources
installation that is in Australian waters for the purpose of becoming attached
to the Australian seabed; and
(b) an Australian sea installation, or another sea installation that is in
Australian waters for the purpose of becoming installed in an adjacent area or
in a coastal area.
151 Subsection 24(1)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
152 Subsection 24(2)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
153 At the end of section
24
Add:
(3) An offence against this section is an offence of strict
liability.
154 Section 25 (penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 1 year.
155 Section 25A (penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
156 Subsection 26(1)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
157 Section 26A
Omit “vessel subject to quarantine (not being a vessel used in
navigation by air)”, substitute “vessel (other than an aircraft)
that is subject to quarantine”.
158 Section 26A (penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
159 Sections 27, 28 and 29
Repeal the sections, substitute:
Vessels from which reports are required
(1) This section applies to the master of:
(a) an overseas vessel (other than an aircraft) that is intended to arrive
at a place in Australia or the Cocos Islands; or
(b) an overseas installation that:
(i) is intended to arrive at a place in Australia or the Cocos Islands
from a place outside Australia and the Cocos Islands; or
(ii) is intended to arrive at a place in the Cocos Islands from a place in
Australia; or
(c) a vessel (other than an overseas vessel or an aircraft), or an
installation (other than an overseas installation), that is intended to arrive
at a place in Australia from a place in the Cocos Islands; or
(d) a vessel (other than an overseas vessel, an aircraft or a prescribed
vessel) that is intended to arrive at a place in Australia (other than a place
in a Special Quarantine Zone or the Protected Zone) or the Cocos Islands from a
place in any of those Zones.
Quarantine officer to whom pre-arrival report to be sent
(2) The master of the vessel or installation must cause the prescribed
information to be given, in a form approved by a Director of Quarantine, in the
prescribed manner and during the prescribed period, to a quarantine
officer:
(a) in respect of a vessel or installation that is intended to arrive at a
place in Australia:
(i) if that place is a first port of entry for overseas vessels—at
that port; or
(ii) otherwise—at a port that is declared by Proclamation to be a
first port of entry for overseas vessels; or
(b) in respect of a vessel or installation that is intended to arrive at a
place in the Cocos Islands—at that place.
Action to be taken if report afterwards found to be incomplete or
incorrect
(3) If, after any of the prescribed information is given to a quarantine
officer under subsection (2), the master or operator of the vessel or
installation becomes aware that the information is incomplete or incorrect, the
master or operator, as the case may be, must cause the additional or correct
information to be given to a quarantine officer as soon as
practicable.
Pre-departure report
(4) If:
(a) after the period within which the master of the vessel or installation
was required to cause the prescribed information to be given to a quarantine
officer under subsection (2); and
(b) before the vessel or installation departs from its last port in
Australia or the Cocos Islands in the course of the relevant voyage;
any people on the vessel or installation are found to be suffering from a
disease prescribed for the purposes of this section, the master must immediately
cause particulars of the disease, and the number of people suffering from it, to
be given to a quarantine officer.
Failure to give information
(5) A person is guilty of an offence if:
(a) a requirement of this section applies to the person; and
(b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 2 years.
Note: Subsection (5) is not subject to the privilege against
self incrimination but a use derivative-use indemnity applies (see subsections
79A(1) and (2)).
Knowingly giving false or misleading information
(6) A person is guilty of an offence if:
(a) the person gives information, or causes information to be given, to a
quarantine officer under a requirement made by this section (whether the
requirement is made of that person or of another person); and
(b) the information is false or misleading in a material particular;
and
(c) the person knows that the information is false or misleading in that
particular.
Maximum penalty: Imprisonment for one year.
Negligently giving false or misleading information
(7) A person is guilty of an offence if:
(a) the person gives information, or causes information to be given, to a
quarantine officer under a requirement made by this section (whether the
requirement is made of that person or of another person); and
(b) the information is false or misleading in a material particular;
and
(c) the person is negligent as to whether or not the information is false
or misleading in that particular.
Maximum penalty for an offence against this subsection: Imprisonment for 6
months.
Aircraft from which reports are required
(1) This section applies to the commander of an aircraft (other than a
prescribed aircraft) that:
(a) is intended to arrive at a place in Australia or the Cocos Islands;
or
(b) is intended to arrive at a place in Australia (other than a place in a
Special Quarantine Zone or the Protected Zone) or the Cocos Islands from a place
in any of those Zones.
Quarantine officer to whom pre-arrival report to be sent
(2) The commander of the aircraft must cause the prescribed information to
be given, in a form approved by a Director of Quarantine, in the prescribed
manner and before the prescribed time, to a quarantine officer located at the
place that is applicable in respect of the aircraft under regulations made for
the purposes of this subsection.
Action to be taken if report afterwards found to be incomplete or
incorrect
(3) If, after any of the prescribed information is given to a quarantine
officer under subsection (2), the commander or operator of the aircraft becomes
aware that the information is incomplete or incorrect, the commander or
operator, as the case may be, must cause the additional or correct information
to be given to a quarantine officer as soon as practicable.
Failure to give information
(4) A person is guilty of an offence if:
(a) a requirement of this section applies to the person; and
(b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 2 years.
Note: Subsection (4) is not subject to the privilege against
self incrimination but a use derivative-use indemnity applies (see subsections
79A(1) and (2)).
Knowingly giving false or misleading information
(5) A person is guilty of an offence if:
(a) the person gives information, or causes information to be given, to a
quarantine officer under a requirement made by this section (whether the
requirement is made of that person or of another person); and
(b) the information is false or misleading in a material particular;
and
(c) the person knows that the information is false or misleading in that
particular.
Maximum penalty: Imprisonment for one year.
Negligently giving false or misleading information
(6) A person is guilty of an offence if:
(a) the person gives information, or causes information to be given, to a
quarantine officer under a requirement made by this section (whether the
requirement is made of that person or of another person); and
(b) the information is false or misleading in a material particular;
and
(c) the person is negligent as to whether or not the information is false
or misleading in that particular.
Maximum penalty for an offence against this subsection: Imprisonment for 6
months.
Quarantine officer may require master o medical officer to answer
questions
(1) A quarantine officer may require any of the following:
(a) the master of an overseas vessel that has arrived, or is expected to
arrive, at a port in Australia or the Cocos Islands;
(b) the master of a vessel that has arrived, or is expected to arrive, at
a place in Australia or the Cocos Islands (other than a place in the Protected
Zone or a Special Quarantine Zone) from a place in the Protected Zone or a
Special Quarantine Zone;
(c) the master of an overseas installation;
(d) the commander of an overseas aircraft that has landed, or is expected
to land, at a place in Australia or the Cocos Islands that is not a landing
place;
(e) if a vessel, installation or aircraft referred to in paragraph (a),
(b), (c) or (d) carries a medical officer—that medical officer;
(f) the agent of the operator of a vessel, installation or aircraft
referred to in paragraph (a), (b), (c) or (d);
to answer questions asked by the quarantine officer about any prescribed
matters that are relevant to the vessel, installation or aircraft.
How questions to be asked and answers to be given
(2) Any questions asked by a quarantine officer under subsection (1) may
be oral or in writing and the quarantine officer may:
(a) require the answers to be given orally; or
(b) require the answers to be given in writing.
Requirement to verify answer by written declaration
(3) A quarantine officer may require a person who answers a question to
verify the answer by making a written declaration.
Action to be taken if answer found to be incorrect
(4) If, after a person answers a question asked under subsection (1), the
person becomes aware that the answer is incorrect, the person must cause the
correct answer to be sent to a quarantine officer as soon as possible.
Failure to answer orally
(5) A person is guilty of an offence if:
(a) the person is asked a question under subsection (1); and
(b) the person is required to answer the question orally; and
(c) the person fails to comply with the requirement.
Maximum penalty: 50 penalty units.
Failure to answer in writing
(6) A person is guilty of an offence if:
(a) the person is asked a question under subsection (1); and
(b) the person is required to answer the question in writing;
and
(c) the person fails to comply with the requirement.
Maximum penalty: 50 penalty units.
Failure to make written declaration
(7) A person is guilty of an offence if:
(a) the person is required to verify an answer to a question by making a
written declaration; and
(b) the person fails to comply with the requirement.
Maximum penalty: 50 penalty units.
False or misleading answer
(8) A person is guilty of an offence if:
(a) the person is asked a question under subsection (1); and
(b) the person gives an answer that the person knows to be false or
misleading in a material particular.
Maximum penalty: Imprisonment for 5 years.
False or misleading declaration
(9) A person is guilty of an offence if:
(a) the person is asked to verify an answer to a question by making a
written declaration; and
(b) the person makes a statement in the declaration that the person knows
to be false or misleading in a material particular.
Maximum penalty: Imprisonment for 5 years.
Failure to send correct answer
(10) A person is guilty of an offence if:
(a) subsection (4) applies to the person; and
(b) the person fails to comply with that subsection.
Maximum penalty: 50 penalty units.
Definition
(11) In this section:
making a written declaration, in relation to an answer to a
question, means signing before an officer a written declaration as to the truth
of the answer.
Note: The
privilege against self incrimination does not apply in respect of requirements
made under this section but a use derivative-use indemnity applies (see
subsections 79A(1) and (2)).
Master leaving vessel or installation without permission
(1) The master of a vessel or installation that is subject to quarantine
is guilty of an offence if he or she leaves the vessel or installation without
the written permission of a quarantine officer.
Maximum penalty: Imprisonment for 5 years.
Master knowingly allowing person to leave or remove goods
(2) The master of a vessel or installation that is subject to quarantine
is guilty of an offence if:
(a) the master allows a person to leave, or allows a person to remove
goods from, the vessel or installation; and
(b) the master knows that he or she does not have the written permission
of a quarantine officer to allow the person to leave, or to allow the person to
remove goods from, as the case may be, the vessel or installation.
Maximum penalty: Imprisonment for 5 years.
Master negligently allowing person to leave or remove
goods
(3) The master of a vessel or installation that is subject to quarantine
is guilty of an offence if:
(a) the master allows a person to leave, or allows a person to remove
goods from, the vessel or installation; and
(b) a quarantine officer has not given written permission to the master to
allow the person to leave, or to allow the person to remove the goods from, as
the case may be, the vessel or installation; and
(c) the master is negligent as to whether or not the written permission
has been given.
Maximum penalty: Imprisonment for 2 years.
Power to give permissions
(4) A quarantine officer has power to give to a specified person, or to
persons included in a specified class of persons, written permission to do a
specified act, or a specified class of acts, during a specified period for the
purposes of this section.
Contravention of condition of permission
(5) The master of a vessel or installation is guilty of an offence
if:
(a) a permission that is given by a quarantine officer to the master for
the purposes of this section is subject to a condition; and
(b) the condition is contravened.
Maximum penalty: Imprisonment for 2 years.
Power of master to detain person or goods
(6) For the purpose of complying with this section, the master of a vessel
or installation may detain any person or goods on the vessel or installation and
may use any means reasonably necessary for that purpose.
Animal or thing exposed to dead animal not to be removed
(1) Except as provided by subsection (2), none of the following may be
removed from an overseas vessel or an overseas installation that is at a port or
other place in Australia or the Cocos Islands:
(a) an animal that has been killed, or has died, on the vessel or
installation;
(b) any thing that has been exposed to an animal that has been so killed
or has so died.
Note: As to the circumstances in which a thing is taken to
have been exposed to an animal or a carcase of an animal, see section
5B.
Animal or thing may be removed with permission
(2) Subsection (1) does not apply if a quarantine officer has given
permission under subsection (3) for the removal.
Quarantine officer may give permission
(3) A quarantine officer has power to give a written permission for a
specified act, or a specified class of acts, to be done during a specified
period for the purposes of this section.
Offences
(4) The master of an overseas vessel or overseas installation that is at a
port or other place in Australia or the Cocos Islands is guilty of an offence
if:
(a) the master causes or permits another person to remove any animal or
thing referred to in paragraph (1)(a) or (b) from the vessel or installation
without the permission in writing of a quarantine officer; or
(b) where a permission in writing given by a quarantine officer for the
removal of any animal or thing from the vessel or installation is subject to a
condition:
(i) the condition has not been complied with; and
(ii) the master is negligent as to whether or not the condition has been
complied with.
Maximum penalty: Imprisonment for 2 years.
Definition
(5) In this section:
overseas vessel includes:
(a) a vessel that travels to or from a place in Australia that is in the
Protected Zone; and
(b) a vessel that travels from or through a Special Quarantine
Zone.
Directions about animals
(1) A Director of Quarantine may give to the master of a vessel or
installation referred to in subsection (2) that is at a port or other place in
Australia or the Cocos Islands a direction about:
(a) the confinement, isolation or control of an animal that is on board
the vessel or installation; and
(b) the people (if any) who may be granted access to such an animal and
the nature and extent of that access; and
(c) the disposal of an animal that has been killed, or has died, since it
was brought on board the vessel or installation.
Vessels or installation that may be subject to directions
(2) The vessels or installations in respect of which directions may be
given under subsection (1) are:
(a) an overseas vessel or an overseas installation; or
(b) a vessel that travels to or from a place in Australia that is in the
Protected Zone; or
(c) a vessel that travels from or through a Special Quarantine Zone;
or
(d) another vessel or installation on which there are animals subject to
quarantine.
Offences
(3) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (1); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 2 years.
160 Saving of requirements
Any requirement made by a quarantine officer under section 28 of the
Quarantine Act 1908 that was in force immediately before the commencement
of this Schedule continues in force as if it had been made under section 28
substituted by item 159.
161 Subsection 30(1)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
162 Subsections 31(1), (1A) and
(2)
Omit “constable”, substitute “police
officer”.
163 Subsection 31(2)
Omit “Justice of the Peace”, substitute
“magistrate”.
164 Subsection 31(3)
Repeal the subsection.
165 Existing section 31 to continue to apply to
people apprehended before making of amendments
Section 31 of the Quarantine Act 1908 that was in force immediately
before the commencement of this Schedule continues to apply in relation to any
person who was apprehended under that section and brought before a Justice of
the Peace before that commencement.
166 Section 32 (penalty)
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
167 After section 32
Insert:
(1) A Director of Quarantine may direct the master of a vessel
that:
(a) is bound for a port in Australia or the Cocos Islands; and
(b) comes from, or calls or lands at, a proclaimed place;
not to enter any port, or not to enter a specified port, in Australia or
the Cocos Islands.
(2) The master of a vessel is guilty of an offence if:
(a) a direction is given to the master under subsection (1); and
(b) the master fails to comply with the direction.
Penalty: Imprisonment for 5 years.
168 Subsection 33(1) and paragraph
33(1A)(a)
Omit “oversea”, substitute “overseas”.
169 Before paragraph
33(4)(a)
Insert:
(aa) all places in Australia; or
170 At the end of paragraphs 33(4)(a), (b), (c),
(d), (e) and (f)
Add “or”.
171 After paragraph
33(4)(d)
Insert:
(da) all places in the Cocos Islands; or
172 Subsection 34(3)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 20 penalty units.
173 Subsection 34(4)
Repeal the subsection, substitute:
(4) Any cargo or passengers’ effects that are landed under this
section are to be treated in such manner as a quarantine officer
directs.
(5) A person who is the importer, or has control, of any cargo or
passengers’ effects that are landed under this section is guilty of an
offence if:
(a) a direction is given to the person under subsection (4) in relation to
the cargo or effects; and
(b) the person fails to comply with the direction.
Maximum penalty: 20 penalty units.
(6) An offence against this section is an offence of strict
liability.
174 Matters in existing regulations taken to be
included in direction
Any matters relating to the treatment of cargo or passengers’ effects
that were prescribed for the purposes of subsection 34(4) of the Quarantine
Act 1908 immediately before the commencement of this Schedule are taken, in
relation to cargo or passengers’ effects landed before that commencement,
to be specified in a direction, to the person who is the importer, or has
control, of the cargo or passengers’ effects, given by a Director of
Quarantine for the purposes of subsection 34(4) substituted by item
173.
175 Subsection 35(1)
After “quarantinable disease” (wherever occurring), insert
“or quarantinable pest”.
176 Subsection 35(1AA)
Omit “affecting animals or plants”, substitute “or
pest”.
177 Subsection 35(1A)
Omit “oversea”, substitute “overseas”.
178 Paragraph 35(3)(c)
Omit “owner”, substitute “importer,
owner,”.
179 Sections 35A and 36
Repeal the sections, substitute:
Circumstances in which section applies
(1) This section applies if:
(a) a vessel or installation has on board any case of communicable disease
(the disease); and
(b) a quarantine officer (human quarantine) certifies that measures of
quarantine are necessary to prevent the disease from spreading.
Direction as to measures of quarantine to be taken
(2) The Chief Quarantine Officer (Human Quarantine) or a quarantine
officer (human quarantine) may direct:
(a) the measures to be taken for the treatment of the vessel or
installation; and
(b) any other measures of quarantine to be taken:
(i) in relation to the vessel or installation or any goods on it;
or
(ii) in relation to any people who are or have been on board the vessel or
installation or any of their clothing or personal effects;
and may give directions as to the persons who are to take the
measures.
People may be ordered into quarantine
(3) A quarantine officer (human quarantine) may order into quarantine any
people who are or have been on board the vessel or installation and are
suffering or suspected to be suffering, or have been exposed to infection, from
the disease.
People ordered into quarantine may be removed to quarantine
station
(4) A quarantine officer (human quarantine) may cause any people so
ordered into quarantine to be removed to a quarantine station.
People subject to quarantine
(5) People suffering, or suspected to be suffering, from the disease are
taken to be subject to quarantine even if the disease has not been proclaimed to
be a quarantinable disease.
Offences for failure to take measures
(6) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (2) to take
specified measures; and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 2 years.
Master knowingly or recklessly permitting person suffering from disease
to leave vessel or installation
(7) The master of the vessel or installation is guilty of an offence
if:
(a) a person is suffering from the disease or has been exposed to
infection from the disease; and
(b) the master permits the person to leave the vessel or installation
without the permission of a quarantine officer (human quarantine); and
(c) the master knows that, or is reckless as to whether or not, the person
is suffering from the disease or has been exposed to infection from the
disease.
Maximum penalty: Imprisonment for 5 years.
Master negligently permitting person suffering from disease to leave
vessel or installation
(8) The master of the vessel or installation is guilty of an offence
if:
(a) a person is suffering from the disease or has been exposed to
infection from the disease; and
(b) the master permits the person to leave the vessel or installation
without the permission of a quarantine officer (human quarantine); and
(c) the master is negligent as to whether or not the person is suffering
from the disease or has been exposed to infection from the disease.
Maximum penalty: Imprisonment for 3 years.
Person suffering from disease leaving vessel or installation without
permission
(9) A person is guilty of an offence if:
(a) the person is suffering, or suspects that he or she is suffering, from
the disease or from any other communicable disease; and
(b) the person leaves the vessel or installation without the permission of
a quarantine officer (human quarantine).
Maximum penalty: Imprisonment for 5 years.
Person in charge of another person allowing the other person to leave
the vessel or installation without permission
(10) A person (the first person) is guilty of an offence
if:
(a) the first person is in charge of another person who is on board the
vessel or installation; and
(b) the first person allows the other person to leave the vessel or
installation without the permission of a quarantine officer (human quarantine);
and
(c) the first person knows that, or is reckless as to whether or not, the
other person is suffering from the disease or from any other communicable
disease.
Maximum penalty: Imprisonment for 5 years.
Definition
(11) In this section:
installation means:
(a) an Australian resources installation; or
(b) a resources installation that is in Australian waters for the purpose
of becoming attached to the Australian seabed; or
(c) an Australian sea installation; or
(d) a sea installation that is in Australian waters for the purpose of
becoming installed in an adjacent area or in a coastal area.
Direction to take vessel or installation to quarantine station or other
place
(1) When a vessel or installation is ordered into quarantine, a quarantine
officer may direct the master of the vessel or installation to cause it, and all
people and goods on board it, to be immediately taken to such quarantine station
or other place or places as are stated in the direction for the purpose of
performing quarantine.
Direction to take vessel or installation to place for
treatment
(2) When a vessel or installation ordered into quarantine has to be
treated in any way, a quarantine officer may direct the master of the vessel or
installation to take it to a place stated in the direction for the purpose of
being treated.
Offence
(3) A person is guilty of an offence if:
(a) a direction is given to the person under this section; and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 5 years.
180 Saving of instruments
Saving of certificates
(1) Any certificate given under subsection 35A(1) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force as if it had been given under paragraph 35A(1)(b) substituted
by item 179.
Saving of orders
(2) An order into quarantine made under subsection 35A(1) of the
Quarantine Act 1908 that was in force immediately before the commencement
of this Schedule continues in force as if it had been made under subsection
35A(3) substituted by item 179.
Saving of directions
(3) Any direction relating to measures of quarantine given by a quarantine
officer (human quarantine) under subsection 35A(1) of the Quarantine Act
1908 that was in force immediately before the commencement of this Schedule
continues in force and has effect as if:
(a) it were a direction given by the Chief Quarantine Officer (Human
Quarantine) under subsection 35A(2) substituted by item 179; and
(b) the measures of quarantine contained in the direction included any
measures of quarantine that were prescribed for the purposes of subsection
35A(1) of the Quarantine Act 1908 immediately before that
commencement.
Saving of permissions
(4) Any permission given for the purposes of subsection 35A(3) or (4) of
the Quarantine Act 1908 that was in force immediately before the
commencement of this Schedule continues in force as if it had been given for the
purposes of subsection 35A(9) or (10), as the case may be, substituted by item
179.
181 Subsection 38(1)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
182 Subsection 38(1A)
(penalty)
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
183 At the end of section
38
Add:
(3) An offence against this section is an offence of strict
liability.
184 Section 40
Repeal the section, substitute:
(1) The master of a vessel or installation that is in quarantine is guilty
of an offence if he or she allows the vessel or installation to be moved without
the written permission of a quarantine officer.
Maximum penalty: Imprisonment for 2 years.
(2) A quarantine officer may give permission for a vessel or installation
that is in quarantine to be moved.
(3) The master of a vessel or installation that is in quarantine is guilty
of an offence if:
(a) a permission given by a quarantine officer for the movement of the vessel or inst