Quarantine Act 1877 (SA)
ANNO QUSDKAGESIBIO ET QUADRAGESIMO PRIM0
A.D. 1877.
An Act to amend the .T,'ln'ws relat iy to Qunmntine.
[Assented to, 21 st December,
HEREAS it is expedient to mend the Laws now in forcePreamble. respecting Quarantine-- Be it therefore Enacted by the Governor of the Province of South Austmlia, with the advice and consent of the Legislative Council and EIouse of Assembly of the mid Province, in this present Ir'arliament assembled, as follows:
1. This Act may be cited for all purposes as "Th-c Quarantine Act, | short title. |
1877,"
beyond the seas is infectcd with small-pox, cholera, or other in- fmm fectious or contagious discasc, and that it is probable such disease | vessels, | |||
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may be brought from such place
to South Australia, immediately navb, eammunica- after such notification all vessels whatever arriving from or having ~!;l~tI,h~~~Pbe touched at any such place, and all vessels and boats receiving any quarantine.person or thing whatsoever from or out of any vessel so coming from or having touched at such infected place as aforesaid, whether such person or thing shall have come or been brought in such vessel, or such person shall have gone or have been put on board the same either before or after the arrival of such vessel at any place in South Australia, and whether such vessel was or was not bound to any place in South Australia; and all persons and things whatsoever on board of any vessel so coming from or having touched at such infected place its aforesaid, or on board of any such receiving vessels or boats
as aforesaid, shall be liable to quarantine within themeaning
meaning of this Act, and of
any order made by the Governor and notified by Proclamation concerning quarantine and the prevention of infection from the time of the departure of such vessels from such infected place as aforesaid, or from the time such persons or things
shall have been received on board respectively. |
4. |
All such vessels and boats as aforesaid, and a11 persons (as well vessels or boats from such infected place as aforesaid, or going or being put on board the same either before or after the arrival of such vessels or boats at any place in South Australia, and a11 persons and things as aforesaid on board such receiving vessel or boat as aforesaid shall upon their arrival at
any place in South Australia be required to perform quarantine in such places for such time and in such manner as shall be from time to time directed by the Chicf Secretary until such vessels and boats, persons and things as aforesaid shall have respectively performed and shall be duly discharged fram quarantine; no such persons or things shall either before or nftcr the arrival of such vessels or boats atany place in South Australia come or be brought on shore, or go or be put on board any other vessel or boat in order to come or be brought on shore in auy such place unlcss in such manner, and in such cases, andby such licence as shallbc directed
be put on shore until
others) and all things whether coming or brought in such | |
or permitted by any such ordcr as aforesaid.
place as aforesaid or being otherwise liable to quarantine as aforesaid, |
of Governor. 01 other persons having the chargc or conimand of any such vessels
or boats, whether cornng from any infected place or being otherwise liable to quarantine as aforesaid, shall be subject to all the provi- sions, rules, regulations a i d restrictions, contained in this Act or in
any orders which shall be made bp the Governor as aforesaid, con- |
cerning quarantine and prevention of infection.
6 The Governor may in any order niadc undcr the provision9 of this Act, attach a penalty not exceeding the slim | |
of the regulations therein contained; and the person disobeying | |
any such order, or breaking any such regulations, shall be punishable thercfor as if such penalty or term oi imprisonment provided as aforesaid had been provided by this Act as the pullishment for the offence committed by such person; and when no penalty or term of -imprisonment, provided as aforesaid had been provided by this Act :as the punishment for the offence committed by such person, and when no penalty or term of imprisonment shall be provided by sdch | |
corder as aforesaid for disobedience thereof, or for breach of any regu- |
lation
The Quarantine Act.1877. lation therein contained, the person so offending shall forfeit and
pay for every such offence a sum not exceeding Twenty Pounds.
nor to prevent |
expedient upon any unforeseen emergency, or in particular cases, tion in
cases of emer-cut off all communication between any persons infected with any such disease and the rest of Her Majesty's subjects as shall appea,r necessary and expedient for that purpose; and may likewise make such orders as the Governor may deem fit for shortening the time of quarantine to be performed by particular vessels or particular pcrsons or things, or for absolutely or conditionltlly releasing them or any of them from quarantine: and all such orders so made as aforcsaid, slvall be as good, valid, and effectual to a11 intents and purposes, as well with respect to the master or other person having charge of any vessel and all other persons on board the same, as with respect to any other persons having any intercourse or com- munication with them, and to the peldties and punishments to which they may respectively become liable, as any order concerning quarantine, made by the Govcrnor and notified as aforesaid: Pro- vided, however, that all unnecessary hardship or inconvenience may be prevcnted, it shall bc lawful for thc Governor to allow such persons suffering from contagious or infectious diseases to be visited
with respect to any vessel arriving and having any such infcc- gency.
tious or contagious disease on board, or on board of which any
such infectious or contagious disease may have appeared in the
course of the voyage, o r arriving under any other alarming or
suspicious circumstances as to infection or contagion, although such
vesscl shall not have arrived from any place from which thc G overnor
may have declared it probable that any such infectious diseasc
may Fe brought; and also with respect to the pcrsons and things
as aforesaid on board the same, and may rcquire all or any persons
on board of any such vessel to be vaccinated. In case of any such
infectious disease appearing or breaking out in South Australia, the
under the recommendation or request of the Colonial Surgeon or of | by their friends, relations, or privatc medical adviscr at any time, |
the President of the Board of Hcalth. |
8. The Governor may from time to time, by any order notified by
Governorto appoint Proclamation, appoint certain S tations or places within or near any
~:;;~f"o;~P.",la~es harbor or place within South Australia, for the performance of quaran- quarantine.
tine under this Act, where allvessels liable to quarantine,and the crews,
passcngers, and persons on board thcreof s l d l perform the same; and
also, if necessary, appoint lazarets and other places where the crews,
passengers, and other persons, and the things which shall or may be on
board the said vessels shall be detained and kept for the performance
of quarantine. All persons liable to perform quarantine, and all persons
having had any intercourse with them (whether in vessels, or in a lazaret,
or elsewhere), shall be subject, during the time they are liable to quar-
antine, to such ordcrs as they sI~a.11 receive from the person in charge
of such station, lazaret, or place, or his assistant; and the said officers
are
are required to cnforce all necessary obedience to the said orders, and in case of necessity, to call in others to their assistance; and such officers shall compel all pcrsons liable to quarantine, and persons having had any intercourse with them, to repair to such station, lazaret, or place; and if any person liable to perform quarantine, or any person having had any intercourse with him, shall wilfully refuse or neglect to repair, when required by such officers or either of them, to the said station, lazaret, or place appointed, or having been placed in the said station, lazarct, or place, shall escape, or attempt to escape out of the same before quarantinc duty performed, the said officers, or either of them, and also the watchman and othcr persons appointed may, by such necessary force as the case shall require, compel every person so refusing, or neglecting, escaping, or attempt- ing to cscape, to repair, or rcturn to such station, lazaret, or place; and every person so refusing, or neglecting, and also every pcrson actually escaping, shall forfeit a sum not exceeding Two Hundred Pounds, or in default of payment shall be imprisoned for any period not exceeding six months.
9. No person shall with any boat whatever, other than the boat belonging'to th. pilots, t h ~ |
PO& | Office, tllc police, and the Customs. | |
board or go alongside of any vessel arriving in any harbor of the said Province from any place other than those cominrr: within the exemp- tion contained in last preceding section, ungl such vcssel shdl have been boarded by the Health Officer, and the vkiting flag shall have been hauled down; and r).o person other than | ||
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Medical otrlcer may be appointed for 10. In case it shall be deernd necessary by the Governor to
peraone in querantino appoint any medical officer to take chnrgc ofaliy ~f the crew and
at |
the said Governor to fix the amount of remuneration to be paid to such medical officer for his services, and to cause the same to be paid by the Treasurer, and the amount so paid shall be repaid to the said Treasurer by the owners or agents of such vessel before she shall be permitted to clcar out and leave the port in which she shall then be: Provided that this enactm.ent shall not apply to any vessel chartered by the Government for the conveyance of immigrants.
11. It shall be the duty of the owncrs and agents of an? vessel |
medicines | ' |
placed in quarantinc to supply the crew and passengers thereof with |
40' & 41'
VICTORIB, No, 64.
The Quarantine Act.-1877.
such wholesome ancl suitable provisions and rnedicincs as shall be reqnired by the medical practitioner in charge; and if such provisions and medicines are not forthwith supplicd accordingly, the same may be provided nndrr the order of the Chief Secrctary, and thc cost thereof, including the conveyance of the same, shall be paid by the said owners or agonts into the l~mcts of tlle Treasurer bcforc such vcssel shall be perinittud tu clear out or leave the port in which shc shall then be: Provided that nothing herein contained shall apply to or in respect of immigrants conveyed at the cllarge of the Go- vernment undcr charters by which the owners arc exempted from liability for the maintenance and care of such imn~igrnuts whilst under quarantine.
12. Thc master, or person (excepting the pilot) having the charge Masters and others
of any vcsscl, and the surgeon. dispenser, or other medical officer | ~ | ~ | : | , | " | ~ | 8 | ~ | ~ | ~ | ~ | ~ | ~ | d |
of any vessel coming from parts beyond seas, shall give to the person Health Officer.
for the time being authorized to act as the Health Officer, or on behalf
of the Health Officer of the p ~ r t at which such vessel shall arrive, either
alongsirde or on board such vessel as such Health Officer may desire, a
written paper containing a true account of thc name or names of the
place or places at which such vcsscl shall have loadcd, or shall have
touched on the voyagc to South Australia, and of thc health of the crew
and passcngcrs of suchvesscl during thc voyage, and the causc of death
of any person who shall have died on sllch voyagc; and also true
answers to the questions contained in the form providcd by the First
Schedule hereto, or in such othcr form as shall be prescribed from | Schc"U'o* |
time to time by the Governor in that behalf, ancl published in the |
they fail, |
said, or any such wrgron, dispmwr, or othcr mrdiral officer who shall refuse to answer such qlwstions as shall be so put to him, or shall | make any false answer to any question put to him as aforesaid, shall | be guilty of a misdemeanor, ancl shall, on corzviction thereof, be |
imprisoned with or without hard labor for anypc~iocl not exceeding two years, or fined in any sum not exceeding Three Hundred Pouails at the discretion of the Court or Judge before whom he shall be convicted. |
14. Such master, or person in charge
of such vessel as aforesaid, Inspectionof ahip,
shall permit thc Hralth Officer to inspect any part of | the veswl, |
all or any of thc passengers or crew of such vessrl; any mastcr, or other person in charge of such vessel, refusing to permit tiuch inspcc- tim, or obstructing the Health Officcr thcrcin, shdl for every such offcnce bc liable to a penalty not cxcccding Fifty Pounds, or in default
of payment shall be imprisoned for any period not exceeding three months.
15. If it shall appear to the Health Officer that such vessel is not When v e s d not.
liable to perform quarantine, he shall give to the master, or other |
person in charge of such vessel as aforesaid,
a clean bill of health,be given.
i
in the form in the Second Schedule hereto, or in such other form as | |
shall be from timc to time prescribed in that behalf by the Governor, and published in the Government Gazette. | |
Penalty |
any YCSSCI | linblc to the performance of quarantine | |
into any place not specidly appointed for the reception of | vessels so |
liable, unless com~elled | theyeto by stress of weather, adverse winds, |
or accidents of the sea, he shdi for every such offence forfeit
sum not exceeding Two Hundreds Pounds, or in default of payment
shall be imprisoned for any period not exceeding six months. |
18. If | any vessel shall arrive from parts bcyond the seas, in any |
port or harbor of South Australia, and if during the voyage there shall have bccn, or at the time of arrival there ~ h a u he on board such vessel, any illfectious or contagious disease, or if such vessel shall have sailed from, or touched at any place during the voyage where any such disease shall have prevailed, or shall have communicated with any othcr vessel on board which any such disease may have existed, and if any legally qualified medical practitioner, or the surgeon or medical officer of such vessel, shall certify in writing that danger may reasonably be apprehended to the public health from the immediate admission of such vessel to entry, any two Justices of the Peace may, by writing undcr their hands, order such vessel into qva- rantine; and every such vessel so placed in quarantine with the contents thereof, and every person on board (whether such person shall belong to or | |
The Quarantine Act.-1877.
to the san~e laws, rules, and penalties in all respects as are in force with respect to vessels, prsons, and things placed in quarantine under thc provisions of this Act, until rclcascd thercundcr, or by an ordcr under the hands of the Just,ices of the Peacc making such first mentioned order.
19, Any Justice of thc Peace making such order as aforesaid placed | Vesselhavine; | in quarantine | been |
imposing quarantine, and any IIcalth OfEcer ordering any vessel into | be | to the |
q~aranfine | as aforesaid, shnll forthwith report the fact that such |
order has been niacle to the CJhicf Xwl.ctnrp in ordcr that further measures may, if necessary, be talcell :~ccor&ng to lam for thc con- tinuance of such vcsscl in quarantine, or the release thcreof.
20. Evcry master or othcr person having chargc of any vessc.1 Masters to delivar>o
which shall be liable to prforrn quarantine as aforesaid, shall, forth- bill |
IIoalth Officer their |
with, after his ttrrival :it the place appoiiitcd for the performance of
qu~rantinc, dclivcr on dcrnand to the Hcalth Officer or his assistant,
or other* officer authorized to act in that behalf (and the Ilealth
Officer, assistant, or othcr officcr, as aforesaid, is 1liwl)y required to make such ctcmand), his bill of health and rnaiiifest, togetlwr with his logbook ancl jmwnal, under pain of forfciting a surn riot cxcccd- ing One Hnnclred Polmds if he shall wilfully refuse or neglect to do so, or, in default of payment, of in~prisonment for any pcriod not exceeding three montlis.
. |
liable to pmforrn rlixt~:antine, shall himself quit, ur shall knowingly $ ~ ~ ~ ~ i ~, $, ~ e p l,
l~errilit | or siltter any person to quit, such vessel by goiilg oil shore, or liablo to qurtrantino. |
by going on board any other vcsscl bcfore such quarantine shull bc fully performed (nnlcss by sncah Iicensc as shall be granted by virtue of any orclcrs made by the C+owrnor as aforesaid); or in
case ally mister or person liixving charge of such ship ;hall not O r n ~ t ~ ~ ~ e ~ i ~ g s u ~ h | ve~gels | t o appointed |
within a convenient time after due nolice given for that purpose, places.
cause such vessel and the lading thereof to bc conveycd into the
then and in every such case every such master or person, for cvcry place appointed for such vcs~cl and lacliilg to perlorm qunrantine, | such offence, shall forfeit and pay a sum not exceeding Four |
Hundred Pounds, or ii: dcfault of payment shall be imprisoned for any period not exceeding six months. |
22. If any person conling in any such vcsscl liable to quarantine Penalty on persona
or | any ~ i l o t | or other person going on board the samc, either bcfore |
or after the arrival of such vessel at any place within South Aus- tralia, shall citllcr bcforc or after such arrival quit such vessel (lulless by such license as aforesaid) by going on shore, or by going on board any other vessel or boat with intcnt to go on shore as dore- said, before such vessel so liable to quarantine as aforesaid shall be regularly discharged from the performancc thercof, any person how- soever may, by any kind of necessary force, compel such pilot or other person so quitting such vessel to return on board the same; and every such pilot or other person so quitting such vessel shall for every such offence suffcr imprisonment for the space of six months, and shall forfeit a sum not excccding Three Hundred Pounds.
23. Any
liable per- |
form quarantine may |
be | contrary to the provisions of this Act, have pi t ted or come on shore from any vessel liable to perform quarantine, or who shall have cscaped from or quitted anv vessel under quarantine, or from any lazaret, vessel, or placc apyointcd in that behalf, for the purpose of carrying such person before any Justicc of' the Pcacc; and any Justice of the Peacc may grant his warrant for the appre- hending and conveying of any such person to the vespl from which he shall have come on shore, or to any vessel performing quarantine or lazaret from which he shall have escaped, or for confining any such person in any such place of safc custody (not being a public: gaol), and under such restricticns as to having communication with any other persons as may to such Justice of the Peace appear proper, until such person can si;fely and securely be conveyed to some place appointed for the pe~fo'o'mance of qua- rantine, or until directions can be obtained frmn the Governor as to the disposd of any such person, and may mnke any further ordcr that may be necessary in that Fc:half. |
Intercourse with |
lazarets and stations |
hibit all persons, vessels, ancl boats from going, under any pretence whatgoevcr, within thc limits of any station which by any order of |
the | hibitcd by | be | pro- |
Governor. | the Governor as aforesaid has been 07: may bc assigned for thc per- formance of cluarantine; and if any person whosocvcr, after such notification of any such order, shall go within the limits of any such station, he shall for every such 08cncc forfeit and pay | |
Penalty | 25. If m y person ~vhosoewcr, whose duty it may bc to execute any order made OF to be mide conccrning quarantine, and notified as aforesaid, or to see tbe same put in execution, shall linowingly and wilfully be guilty of u y breach or neglect of his duty in respect of the vessels, persons, or things pelftorrning quarantine, every person | |
neglecting their duty, | ||
| ||
when enlployed as aforesaid, or shall knowingly a.nd ndlingly permit any pcrson, vessel, or thing to depart or be conveyed out of the said lazaret, vessel, or other place as aforesaid, unless by permission under the order of the Governor, or if any person hereby authorized and directed to givc a certificate of a vessel having duly performed quarantine, shall knowingly give | ||
Or dama@g | imprisoned for any term not exceeding ten years; and if any such pcrson shall knowingly or tvilfully damage any goods performing quarantine under his direction hc shall be liable to pay Onc Hun- dred Pounds damages and costs of suit to the owner of the same., | |
formrtnce of |
&%v | proof of per- | 26. After quarantine shall have been duly pcrformcd by any |
tine ve9,1, | ,,,, | vessel or pereon obliged to perform qn~amntine | as aforesaid according |
shallbe liable to | to this |
Officer
The Quarantine Act.--1877. Officer or person acting for him shdl give a certificate thereof under his hand; and upon the same being approved and allowed by the Chief Sccrctary, every such vessel and all and cvcry such person so having performed quluumtinr shall bc liable to no furtlicr restraint or detention upon the same account for which such vessel or person shall have perf ormccl quarantine as aforesaid.
27. All things liable to q~larantiiie, | as aforesaid, | shall be | opened | liabla t o |
and aired in such placc, and for wch time, and in such mal?ner as | , | " | ~ | t | ~ | i | ~ | ~ | ~ | ~ | ~ |
shall be directed by the Govcrnor, by any such order to be certain places
to bemade as aforesaid; and after such ordcr shall have bccri duly
appointed. complied with, then, and in cwry such casc, the pcrson in charge of the lazmet, or vessel, or other place in \vhich the things shall have been opened or nircd, shall grant
:l certificate to sucli effect under his hand; and upon the same bcing appro~ '~(1 and allowed by the Chief Secretary, thcn such things shall he liable to no further restraint or detention either at the place where such quarantine shall have been performed, or at any other place within South Australia whereto they may bc afterwards conveyed,28.
Jf m y person shall, knowingly or wilfully forge or counter- Persona forging or
f eit, interline, crse, ur dtcr, or laocurt. to be forged or counter- | uttering false |
feited. interlinect, erased, or alterod any ccrtific~atc dircctcd or required to be granted by a11 ordcr of thc Govcrnor hcrcaftcr to be made touching quarantine, or s11aI.l 1mblish any swh forged or coun- terfeited, intrrlinccl, erasrxl, or ;dtcrcrl ccrtificatt, knowing the samc to be forgcd or courlterfeited, intcrlincd, crnsd, or altered, or shall knowingly a i d ~vitfull~; nttcr and l~ublish m y such certificatc with intent to obtain tllc cffcct of a true ccrtificnt:: to bc given thereto, knowjng the contents of such certificatc to bt: false, he shall be guilty of felony, and being convicted thcreo1, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years. |
29. | If any person shall unlawfully land or unshil), or shall move, in Penalty on pcrsons | landing or receiving |
ordcr to the lanclingor unshipping thcreof,;mything from oil board any goods, |
vcssel liablc to pcrforxn c~nnunn | ti nc a s af | shall knowingly vc~sels | liable to per- |
form quarantine, or
receive thc sanx aflrr it ha3 been so 1nn:icd | or unshippcd, cvcry such | them from |
pcrson shall forfeit and pap a sum not cxccccliag Fivc Ilunclrcd ves~clsactually |
Pounds, or in default of payment shall be inlIlrisorlecl for ally pcriod | forming quarantine. |
not exceeding six months; and i P iulv puson s11:~ll | elnililostinely convcy |
"
A or sccrctc, o r i o n c d for the purposc of coilrqing anything from any vessel actwally perfol.ming rj?uirantinc, or fl-oin thc lazaret or other plwe where mch thing shall bc pcrforinirrg quarantine, cvcry person so offending as last aforesd, shall forfeit a sum not exceeding One 11unllrfd Pounds, or in default of payment shall bbe irquisogd for any period not exceeding three months.
30,
All proceedings under this Act, cscept with regard to any Proceedingstobe of"ence hereby declared to
bc felony, shdl be 1lea;l.d and determined taken beforeJuutiaos. before two Justices of the Peace in u summary w-vay, and may be
appealed against iu manr,er provided by Act No. 6 of 1850.
the pro- |
" | '' | visions of this Act, one-half of such penalty shall be paid to the informer, and the other half to the Treasurer for the public uses of the said Province. |
32. No action, suit, or other proceeding shall be brought against any person for any matter or thing done in pursuance of this Act but within six months after such matter or thing shall have been |
ia@uemay | done; and if any action, suit, or other proceeding shall be brought |
pleaded,
or prosecuted against any person for anything clone in pursuance of this Act, the defendant in every such action, suit, or other pro- ceeding may plead the general issue, and may give this Act and the special matter in evidence in any trial to be had thereupon.
Statementofmastex | |
to be |
A cow of this | to | the said Province | |
be |
of any vessel from beyond seas with sickness on board, or on which | |
sickness shall have occurred during the voyage, a copy of this Act shall be given to the master by the pilot, or other person boarding - ,. such vessel, together with |
In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
WM. F, DRUMMOND JERVOIS, Governor.
THE
400 & |
The Quarantine Act.-1877. THE FTRST SCHEDULE.
REPORT | and Answers to Que~tions | as to the arcsent and a r c ~ i o u s | st::te of the Health |
of the Passengers and Crew on b o k l the undLrmentioned Veusel.
-
C'i~ubcr
of | Health |
Persons | of |
Port | Places at | now |
?men-
Departure | which | a Uoitrd | ;em and |
or | 'esscl har |
Landing. | touched. | during |
ioyage. |
Days
Totals. | ,. .. |
Question No. l-Did | any contagious or infections disease prevail a t t he port from |
which you sailed ? | If so, what was the nature of such disease ? |
Anawer-
Question No. 2-Have | l o u had any communication with m y infected port or |
vearel during the voyage ? |
disease infecting such port or r e d ?
Answer-
Question No. 3-Have | you any sickness on board at present? | If eo, what is the |
nature of the sickness, and what number of cases havc you under treatment ? |
Answer-
Question | 4-Has | any case of small-pox, or any form of eruptive |
fever, scarlatina, plague, cholera, or other infectious or contagious disease, or has any case of any other
kind of sickness or disease occurrcd on board during the voyage. If so, state the number of caseti and the dares of attack and convalescence or termination of the first and last cases of each disease ?Answer-
the clothes and bedding used by t h o ~ c | persons who |
suffered from infectious or contagious disease during the voyage been either
destroyed or passed through boiling water ?
Answer-
Question No. &-What means (if
any) have been adopted for preventing the spread of any infectious or contagious disease which has occurred during the voyage, from the person or persons affected, amongst the other persons on board ?Answer-
THE SECOND SCHEDULE.
Clean | to the |
master.
Given | this | day |
Health Officer.
0
0
0