Quarantine
No. 1 of 1969
An
Act to amend the Quarantine Act 1908-1966.
[Assented to 14 March 1969]
BE it enacted by the Queen’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, as follows:—
Short
title and citation.
1.—(1.) This Act may be cited as the Quarantine Act 1969.
(2.) The Quarantine
Act 1908-1966 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may
be cited as the Quarantine Act 1908-1969.
Commencement.
2. This Act
shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. Section
5 of the Principal Act is amended—
(a)by inserting before the definition of “Australian
vessel” the following definition:—
“‘Animal’ includes a dead animal and any part
of an animal;”;
(b)by omitting the definition of “Goods”
and inserting in its stead the following definition:—
“‘Goods’ includes animals and plants and any
other kind of movable property;”; and
(c)by omitting the definition of “Plants”
and inserting in its stead the following definition:—
“‘Plant’ includes a dead plant and any part of
a plant;”.
Notification
of outbreak of disease on a vessel.
4. Section
22 of the Principal Act is amended—
(a)by omitting from sub-section (1.) the
letter and word “(a)notify” and inserting in their stead
the letter and word “(d) notify”; and
(b)
by omitting from sub-section (1.) the letter and word “(b) display” and inserting in their stead the letter and word “(e) display”.
Unauthorized
person not to board or approach vessel.
5. Section
24 of the Principal Act is amended by inserting after the word “or” (first
occurring) the words “, except as the master or a member of the crew of a tug
that is carrying out operations as a tug,”.
Limit
in port for vessels subject to quarantine.
6. Section
26 of the Principal Act is amended by inserting in sub-section (1.), after the
words “quarantine line”, the words “except for the purpose of complying with
the next succeeding section”.
7.—(1.) Section 26a
of the Principal Act is repealed and the following section inserted in
its stead:—
Vessels
to be brought to mooring grounds.
“26a. The
master of a vessel subject to quarantine (not being a vessel used in navigation
by air) shall, forthwith on arrival at or near a port, bring the vessel—
(a)to a place appointed by the
Governor-General by proclamation to be a mooring ground in relation to the port
for vessels subject to quarantine; or
(b)with the approval of a quarantine
officer authorized in writing by the Director of Quarantine to grant approvals
under this section and on payment of any fee that is payable under the
regulations in respect of the approval, to such place as is specified in the
approval.
Penalty:
One thousand dollars.”.
(2.) A proclamation in force immediately before the
commencement of this Act under sub-section (1.) of section 26a of the Principal Act appointing a
place to be a mooring ground for vessels subject to quarantine has effect after
the commencement of this Act as if it were a proclamation under section 26a of the Principal Act as amended by
this Act.
Apprehension
of persons table to quarantine.
8. Section
31 of the Principal Act is amended by adding at the end thereof the following
sub-section:—
“(3.) In this section, ‘constable’ means a member of
the Commonwealth Police Force or of the Police Force of a State or Territory of
the Commonwealth.”.
9. After
section 46 of the Principal Act the following section is inserted:—
Approval
of places for the performance of quarantine by goods.
“46a.—(1.) Where
goods have been ordered into quarantine, a quarantine officer may, in writing,
approve a place other than a quarantine station as a place where the goods may
perform quarantine.
“(2.) Where, in relation to any goods, a place has
been approved under the last preceding sub-section, any reference in section
forty-seven, fifty-six or sixty-nine of this Act to a quarantine station shall,
in relation to those goods, be read as including a reference to that place.”.
Goods
ordered into quarantine to be treated and disinfected.
10. Section 48 of the Principal Act is amended by
omitting from sub-section (2.) the words “Ten pounds” and inserting in their
stead the words “Twenty dollars”.
Power
to order goods into quarantine.
11. Section 55a
of the Principal Act is amended—
(a)by omitting the words “imported goods”
and inserting in their stead the words “goods to which this section applies”;
and
(b)by adding at the end thereof the
following sub-section:—
“(2.) This section applies to—
(a) imported goods; and
(b)any other goods that have been, or that
an officer has reasonable cause to believe have been, on board—
(i) an overseas vessel; or
(ii) an Australian vessel subject to
quarantine.”.
Penalty
for importing, &c., contrary to proclamation.
12. Section 67 of the Principal Act is amended by
inserting after sub-section (1.) the following sub-section:—
“(1a.) A
person shall not knowingly remove any animal or plant, or part of any animal or
plant, or any other goods, from a part of the Commonwealth to another part of
the Commonwealth in contravention of any proclamation under this Act.
Penalty:
One thousand dollars or imprisonment for one year.”.
Forfeiture
of animals, plants, &c., unlawfully imported, &c.
13. Section 68 of the Principal Act is amended by
inserting after the word “Australia,” (last occurring) the words “or removed
from a part of the Commonwealth to another part of the Commonwealth,”.
Medical
inspections and examinations.
14. Section 72 of the Principal Act is amended by
omitting sub-section (5.) and inserting in its stead the following
sub-sections:—
“(5.) A person on a vessel, or a person who attends
at a place in the vicinity of a vessel in pursuance of sub-section (3.) or (4.)
of this section, shall answer truly to the best of his knowledge all questions
asked him by a quarantine officer concerning his personal health and the
likelihood of his having been exposed to infection.
Penalty:
Five hundred dollars.
“(6.) A person on a vessel, or a person who attends
at a place in the vicinity of a vessel in pursuance of sub-section (3.) or (4.)
of this section, shall, if required by a quarantine officer, submit to a
medical examination.
Penalty:
Two hundred dollars.”.
15. After section 84 of the Principal Act the
following section is inserted:—
Proceedings
in respect of offences.
“85.—(1.) An offence against this Act that—
(a)is not expressed to be an indictable
offence; and
(b)is not punishable by imprisonment or is
punishable by imprisonment but for a period not exceeding one year,
shall be prosecuted summarily.
“(2.) An offence against this Act that—
(a)is not expressed to be an indictable
offence; and
(b)is punishable by imprisonment for a
period exceeding one year,
may be prosecuted summarily or upon indictment,
but an offender is not liable to be punished more than once in respect of the
same offence.
“(3.) Where proceedings for an offence against this
Act to which the last preceding sub-section applies are brought in a court of
summary jurisdiction, the court may commit the defendant for trial or, with the
consent of the defendant, determine the proceedings, but, where the court of
summary jurisdiction determines the proceedings, the court shall not impose on
the defendant a fine exceeding One thousand dollars or sentence the defendant
to imprisonment for a period exceeding one year.”.
Adjournment
of proceedings in certain cases.
16. Section 86b
of the Principal Act is repealed.
Regulations.
17. Section 87 of the Principal Act is amended by
omitting from paragraph (s)of sub-section (1.) the words “One
hundred pounds” and inserting in their stead the words “Five hundred dollars”.
Amendments
relating to penalties.
18. The Principal Act is amended as set out in the
Schedule to this Act.
THE
SCHEDULE Section
18.
AMENDMENTS RELATING TO PENALTIES
Provision
amended | Amendment |
Section 12a (2.)............ | After “offence”, insert “against
this Act punishable upon conviction by a fine not exceeding One thousand
dollars or imprisonment for a period not exceeding one year”.
|
Section 15.................... | Omit “Fifty
pounds”, insert “Five hundred dollars”. |
Section 15a (2.)............ | (a) After “offence”, insert “against this Act punishable upon
conviction by a fine not exceeding One thousand dollars or imprisonment for a
period not exceeding one year”;
|
(b) Omit “Penalty: One hundred pounds”. |
Section 16.................... | Omit “Fifty pounds”, insert “Five
hundred dollars”.
|
Section 18a.................. | Omit “One hundred pounds”, insert “Five
hundred dollars”.
|
Section 20.................... | Omit “Five hundred pounds”, insert
“One thousand dollars or imprisonment for one year”.
|
Section 20a.................. | Omit “Five hundred pounds”, insert
“One thousand dollars or imprisonment for one year”.
|
Section 20b (2.)............ | (a) After “offence”, insert “against this Act punishable upon
conviction by a fine not exceeding Two thousand dollars or imprisonment for a
period not exceeding two years”;
|
(b) Omit “Penalty: Five hundred pounds.”
|
Section 20b (3.)............ | Omit “Five hundred pounds”, insert
“Two thousand dollars or imprisonment for two years”.
|
Section 20b (5.)............ | (a) After “offence”, insert “against this Act punishable upon
conviction by a fine not exceeding Two thousand dollars or imprisonment for a
period not exceeding two years”;
|
(b)Omit “Penalty: Five hundred
pounds.”.
|
Section 21.................... | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 22 (1.).............. | Omit “Fifty pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
Section 22 (2.).............. | Omit “Fifty pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
Section 24.................... | Omit “One hundred pounds”, insert “Five
hundred dollars”.
|
Section 25.................... | Omit “Fifty pounds”, insert “One
thousand dollars”.
|
Section 26 (1.).............. | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 27.................... | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 28 (1.).............. | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 28 (4.).............. | (a)After “offence”,
insert “against this Act punishable upon conviction by a fine not exceeding
Two thousand dollars or imprisonment for a period not exceeding two years”;
|
(b)Omit “Penalty:
Imprisonment for two years.”.
|
Section 29 (1.).............. | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 30.................... | Omit “One hundred pounds”, insert “Five
hundred dollars”.
|
Section 32 (2.).............. | Omit” Fifty pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
Section 34 (3.).............. | Omit “One hundred pounds”, insert “One
thousand dollars”.
|
Section 35a (3.)............ | Omit “Five hundred pounds”, insert
“One thousand dollars or imprisonment for one year”.
|
Section 35a (4.)............ | Omit “Five hundred pounds”, insert
“One thousand dollars or imprisonment for one year”.
|
Section 35a (5.)............ | Omit “Five hundred pounds”, insert
“Two thousand dollars or imprisonment for two years”.
|
Section 36 (1.).............. | Omit “Five hundred pounds”, insert
“Two thousand dollars or imprisonment for two years”.
|
Section 36 (2.).............. | Omit “Five hundred pounds”, insert
“Two thousand dollars or imprisonment for two years”.
|
Section 38.................... | Omit “One hundred pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
Section 40.................... | Omit “One hundred pounds”, insert “Two
thousand dollars or imprisonment for two years”.
|
Section 43.................... | Omit “One hundred pounds”, insert “Two
thousand dollars or imprisonment for two years”.
|
Section 44 (1.).............. | Omit “One hundred pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
Section 44 (2.).............. | Omit “One hundred pounds”, insert “One
thousand dollars or imprisonment for one year”.
|
The Schedule—continued
Provision amended | Amendment |
Section 45 (2.).............. | Omit
“One hundred pounds or imprisonment for three months”, insert “One thousand
dollars or imprisonment for one year”.
|
Section 45 (3a.)........... | Omit
“One hundred pounds”, insert “Five hundred dollars”.
|
Section 45 (4.).............. | Omit
“One hundred pounds or imprisonment for three months”, insert “Five hundred
dollars or imprisonment for six months”.
|
Section 49.................... | Omit
“One hundred pounds”, insert “One thousand dollars or imprisonment for one
year”.
|
Section 50.................... | Omit
“One hundred pounds”, insert “Five hundred dollars or imprisonment for six
months”.
|
Section 51.................... | Omit
“One hundred pounds”, insert “Five hundred dollars or imprisonment for six
months”.
|
Section 52.................... | Omit
“One hundred pounds”, insert “Five hundred dollars or imprisonment for six
months”.
|
Section 67 (1.).............. | Omit
“Five hundred pounds”, insert “Two thousand dollars or imprisonment for five
years”.
|
Section 67a.................. | Omit
“One hundred pounds”, insert “One thousand dollars or imprisonment for one
year”.
|
Section 70 (2.).............. | Omit
“Twenty pounds”, insert “Five hundred dollars”.
|
Section 71 (1.).............. | Omit
“Fifty pounds”, insert “Two hundred dollars”.
|
Section 72 (2.).............. | Add
at the end thereof “Penalty: Five hundred dollars.”.
|
Section 72 (3.).............. | Add
at the end thereof “Penalty: Two hundred dollars.”.
|
Section 72 (4.).............. | Add
at the end thereof “Penalty: Two hundred dollars.”.
|
Section 73 (1.).............. | Omit
“One hundred pounds”, insert “One thousand dollars”.
|
Section 73 (2.).............. | Omit
“One hundred pounds”, insert “Five hundred dollars”.
|
Section 73 (3.).............. | (a)After “offence”, insert “against this Act punishable upon conviction by a
fine not exceeding Five hundred dollars”;
|
(b) Omit “Penalty: One hundred pounds.”.
|
Section 74 (2.).............. | Omit
“Ten pounds”, insert “Two hundred dollars”.
|
Section 75 (1.).............. | Add
at the end thereof “Penalty: Two hundred dollars.”.
|
Section 76 (1.).............. | Omit
“Twenty-five pounds”, insert “Five hundred dollars or imprisonment for six
months”.
|
Section 77.................... | Omit
“Fifty pounds”, insert “Five hundred dollars”.
|
Section 78.................... | (a) Omit “an indictable offence”,
insert “an offence against this Act punishable upon conviction by a fine not
exceeding Two thousand dollars or imprisonment for a period not exceeding
three years”;
|
(b) Omit “Penalty: Three years’ imprisonment.”.
|
Section 78a (1.)............ | Omit
“One hundred pounds”, insert “One thousand dollars”.
|
Section 78a (2.)............ | Omit
“One hundred pounds”, insert “One thousand dollars”.
|
Section 78a (3.)............ | Omit
“One hundred pounds”, insert “One thousand dollars”.
|
Section 79.................... | (a) After “offence”, insert “against
this Act punishable upon conviction by imprisonment for a period not
exceeding three years”;
|
(b) Omit “Penalty: Three years’ imprisonment.”.
|
Section 80.................... | (a) After “offence”, insert “against
this Act punishable upon conviction by imprisonment for a period not
exceeding two years”;
|
(b) Omit “Penalty: Two years’ imprisonment.”.
|
Section 81 (1.).............. | After
“offence”, insert “against this Act punishable upon conviction by a fine not
exceeding Two thousand dollars or imprisonment for a period not exceeding two
years”.
|
Section 81 (2.).............. | Omit
the sub-section.
|
Section 81 (3.).............. | Omit
the sub-section.
|
Section 82.................... | (a) After “offence”, insert “against
this Act punishable upon conviction by imprisonment for a period not
exceeding three years”;
|
(b) Omit “Penalty: Three years’ imprisonment.”.
|
Section 83.................... | (a) After “offence”, insert “against
this Act punishable upon conviction by imprisonment for a period not
exceeding two years”;
|
(b) Omit “Penalty: Two years’ imprisonment.”.
|
Section 84.................... | (a) After “offence”, insert “against
this Act punishable upon conviction by imprisonment for a period not
exceeding two years”;
|
(b) Omit “Penalty: Two years’ imprisonment.”.
|
Section 86e.................. | Omit
“One hundred pounds”, insert “Five hundred dollars”.
|