Quarantine Act 1908
No. 3, 1908
Compilation No. 44
Compilation date: 1 May 2016
Includes amendments up to: Act No. 26, 2016
Registered: 8 June 2016
About this compilation
This compilation
This is a compilation of the Quarantine Act 1908 that shows the text of the law as amended and in force on 1 May 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Introductory
1 Short title
2 Commencement
2A Power to supersede Quarantine measures under State Acts
2B Proclamation in event of epidemic
3 Coordinated response powers
4 Scope of quarantine
5 Interpretation
5AA References to quarantine officer
5A Special Quarantine Zones
5B When person or thing is taken to have been exposed to another person or thing
5C Power or requirement to do or cause a thing to be done
5D Level of quarantine risk
5E References to aircraft and commander of an aircraft
6 Extension of Act to Cocos Islands and Christmas Island
6AB Extension of Act to Ashmore and Cartier Islands
6A Special provision regarding resources installations in the Joint Petroleum Development Area
6B Power to make, vary, suspend or revoke various instruments etc.
6C Provisions relating to conditions, restrictions or requirements
7 No appropriation
Part II—Administration
8A Officers responsible for human quarantine
8B Officers responsible for animal and plant quarantine
9 Appointment of officers responsible for human quarantine
9AA Appointment of officers responsible for animal and plant quarantine
9A Temporary quarantine officers
10 Delegation by Minister
10A Delegation by Secretary
10B Delegation by Director of Quarantine
11 Arrangements with State and Territory Governments to aid in…
Overview
The Quarantine Act 1908 was enacted by the Commonwealth Parliament to establish a legal framework for preventing the introduction and spread of quarantinable diseases and pests into Australia. The Act was originally introduced to address the need to protect Australia's agricultural and human health from potential threats posed by foreign vessels, persons, and goods. Over the years, the Act has been amended to respond to emerging threats and to align with international standards and practices. The legislative objective of the Quarantine Act 1908 is to safeguard Australia's borders against the introduction and spread of diseases and pests that could harm the nation's economy, environment, and public health. The Act provides the Commonwealth Government with the authority to implement quarantine measures, including the inspection and examination of vessels, persons, and goods entering Australia, and to enforce penalties for non-compliance. The Act also facilitates cooperation with state and territory governments to ensure a coordinated response to potential health emergencies.
Scope and Application
The Quarantine Act 1908, as amended and consolidated, applies to vessels, installations, persons, and goods entering or leaving Australia, including the Cocos Islands and Christmas Island, and to transactions involving the import or export of animals, plants, and other goods to and from Australia, the Cocos Islands, and Christmas Island. The Act also extends to Ashmore and Cartier Islands and may apply to resources installations in the Joint Petroleum Development Area. The Act is administered by quarantine officers and other designated officials, who are granted various powers to enforce quarantine measures, including boarding vessels, inspecting goods, and imposing quarantine on individuals and animals suspected of carrying quarantinable diseases or pests. It provides for the imposition of fines and other penalties for breaches of quarantine laws, and sets out procedures for the examination, treatment, and destruction of goods or animals that pose a quarantine risk. Certain vessels and goods are exempt from the provisions of the Act under specific conditions, such as those trading exclusively within Australian waters or under certain treaties. The Act also outlines the procedures for the appointment of quarantine officers, the delegation of powers, and the making of regulations to further specify the operation of the Act. Through subordinate instruments, the Act extends and refines its application, allowing for the declaration of emergency quarantine measures, the establishment of special quarantine zones, and the making of additional regulations to address specific threats or operational requirements.
Key Provisions
- The Quarantine Act 1908 provides a comprehensive framework for the prevention, detection, and control of quarantinable diseases and pests in Australia, including its territories. The Act's main operative sections (sections 2A to 6) allow the Governor-General to declare emergencies and supersede state quarantine measures, issue proclamations in the event of an epidemic, and coordinate responses to epidemics, including the establishment of Special Quarantine Zones and the extension of the Act's application to certain areas like the Cocos Islands and Christmas Island. These provisions enable a rapid and effective response to health threats by providing authorities with the tools to implement stringent quarantine measures and control the spread of diseases.
- The Quarantine Act imposes several obligations and requirements on parties and entities it governs. The Act mandates that quarantine officers and other authorised officials perform duties related to the examination and surveillance of vessels, installations, animals, plants, and goods to ensure compliance with quarantine regulations. Masters, owners, and agents of vessels entering Australian waters or ports are required to follow specific protocols, such as displaying quarantine signals and providing necessary information about the vessel and its cargo. The Act also empowers the Minister to direct the performance of quarantine, the issuance of pratique, and the apprehension of individuals and goods that pose a quarantine risk. Furthermore, it mandates that vessels and installations must comply with quarantine signals, and that people and goods subject to quarantine cannot be removed without permission.
- Breaches of the Quarantine Act can result in significant civil, criminal, or administrative penalties. For instance, failure to comply with a quarantine direction (section 12) or an emergency quarantine measure (section 12A) carries a maximum penalty of imprisonment for 10 years. Other offences include entering a declared quarantine area without permission (section 76), providing false or misleading information to a quarantine officer (section 70E), and contravening a condition of a compliance agreement (section 67). The Act also imposes strict liability for certain actions, such as the unlawful importation of goods (section 67) and the unlawful removal of quarantined animals, plants, or goods (section 69). These offences are not only subject to criminal penalties but also to the imposition of fines and the potential seizure and destruction of non-compliant goods. Additionally, the Act allows for the recovery of expenses related to quarantine measures (sections 65 and 66) and provides mechanisms for the payment of compensation in certain circumstances (section 69A).
- In summary, the Quarantine Act 1908 sets out detailed provisions for the management of quarantine-related activities in Australia. It defines the scope of quarantine, establishes the roles and responsibilities of quarantine officers and other authorised personnel, and outlines the obligations of vessel masters, owners, and agents. The Act also delineates the consequences for non-compliance, including both criminal penalties and administrative measures. These provisions collectively aim to safeguard Australia's biosecurity by preventing the introduction and spread of quarantinable diseases and pests.
- Area of Law
- Environmental Law
- Health Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards
- Offence Provisions
- Civil Penalty Provisions