Quarantine Amendment Act 1999 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Quarantine Amendment Act 1999 .
(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 1999 .(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Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
After “quarantinable disease”, insert “or quarantinable pest”.
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.
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.
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.
Insert:
analyst means a person appointed under section 86DA.
Insert:
animals, plants or goods oranimals, plants or other goods includes, to avoid doubt, any goods as defined by this subsection.
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.
Insert:
Australia , when used in a geographical sense:
(a) includes the Territory of Ashmore and Cartier Islands; but
(b) so long as this Act or a part of this Act does not extend to the Territory of Christmas Island, does not include that Territory or that part of that Territory, as the case may be.
Insert:
ballast water means water (including sediment that is or has been contained in water) used as ballast.
Insert:
commander , in relation to an aircraft, means the person in charge or command of the aircraft.
Insert:
Commonwealth , when used in a geographical sense:
(a) includes the Territory of Ashmore and Cartier Islands; but
(b) so long as this Act or a part of this Act does not extend to the Territory of Christmas Island, does not include that Territory or that part of that Territory, as the case may be.
Insert:
compliance with this Act has the meaning given by subsection 5(1A).
Insert:
compliance agreement has the meaning given by section 66B.
Insert:
contravention of this Act has the meaning given by subsection 5(1A).
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.
Insert:
disease includes a micro‑organism, a disease agent, an infectious agent and a parasite.
Insert:
document includes a book and any record.
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.
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.
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.
Insert:
executing officer , for a warrant, means the person named in the warrant as being responsible for executing the warrant.
Insert:
exposed has the meaning given by section 5B.
Insert:
give includes grant.
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.
Insert:
grant includes give.
Insert:
in quarantine , in relation to a vessel or installation, has a meaning affected by section 37.
Omit “vessels engaged in navigation by air”, substitute “aircraft”.
Insert:
level of quarantine risk has the meaning given by section 5D.
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
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.
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.
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.
Insert:
officer of Customs has the same meaning as in theCustoms Act 1901 .
Insert:
on , in relation to premises, includes in.
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.
Insert:
overseas aircraft means an overseas vessel that is an aircraft.
Repeal the definition.
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.
Repeal the definition, substitute:
pest includes any animal, or any plant, that is a pest.
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.
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.
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).
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”.
A Proclamation made by the Governor‑General for the purposes of the definition of
quarantinable disease in subsection 5(1) of theQuarantine 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.
Insert:
quarantinable pest means any pest declared by the Governor‑General, by Proclamation, to be a quarantinable pest.
Insert:
Secretary means Secretary to the Department.
Insert:
Special Quarantine Zone means an area declared by the Minister under section 5A to be a Special Quarantine Zone.
Insert:
thing includes any goods.
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.
Insert:
under this Act has the meaning given by subsection 5(1A).
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.
Insert:
voyage , in relation to a vessel that is an aircraft, means flight.
Insert:
(1A) In this Act, unless the contrary intention appears, references to
under this Act,contravention of this Act andcompliance 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.
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.
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 ActAustralia andthe Commonwealth include the Cocos Islands unless the contrary intention appears.
Repeal the section, substitute:
This Act extends to the Territory of Ashmore and Cartier Islands.
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.
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
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.
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.
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.
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.
Omit “All”, substitute “Any”.
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.
Omit “the Chief”, substitute “any Chief”.
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.
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.
Repeal the subsection, substitute:
(2) The Minister may, by writing, appoint Chief Quarantine Officers (Animals) or Chief Quarantine Officers (Plants).
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”.
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.
Omit “The Director”, substitute “A Director”.
Omit “the Director”, substitute “a Director”.
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.
Repeal the subsection.
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.
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.
(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.
Repeal the section, substitute:
11 Arrangements with State and Territory Governments to aid in carrying out this Act
(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.
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.
Insert:
In this Part:
Environment Minister means the Minister administering theEnvironment Protection and Biodiversity Conservation Act 1999 .
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 1999 .
(1) 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 comply with the requirements of this section.
(2) The Director of Quarantine must give written notice to the Environment Minister:
(a) stating that consideration is to be given to the making of such a decision; and
(b) requesting the Environment Minister to give advice to the Director as to the adequacy of the risk assessment process that is proposed to be followed in assessing the risk of harm to the environment.
(3) After preliminary findings have been made as a result of the risk assessment process, the Director of Quarantine must give written notice to the Environment Minister requesting the Environment Minister to give advice to the Director as to the adequacy of the preliminary findings in relation to the protection of the environment.
(1) If a Director of Quarantine gives to the Environment Minister a notice in accordance with section 11C requesting advice as to a matter, the Environment Minister may give written advice to the Director about that matter.
(2) Any such advice is to be given within 28 days after the notice was given.
If the Director of Quarantine receives any advice from the Environment Minister within 28 days after the notice requesting the advice was given to the Environment Minister in accordance with section 11C, the Director must:
(a) ensure that the advice is taken into account in making the relevant decision; and
(b) inform the Environment Minister in writing as to how the advice was taken into account.
After “quarantinable disease” (wherever occurring), insert “or quarantinable pest”.
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.
Omit “oversea” (wherever occurring), substitute “overseas”.
Omit “vessels engaged in navigation by air”, substitute “aircraft”.
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.
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;
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.
Insert:
(ca) declare a disease or pest to be a quarantinable disease or quarantinable pest, as the case may be;
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;
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.
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;
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.
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;
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;
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;
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.
Omit “oversea” (wherever occurring), substitute “overseas”.
Omit “or with limitations as to place and subject matter, and”, substitute “or as otherwise provided by the instrument authorising the prohibition, including prohibition”.
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.
Omit “importation”, substitute “introduction, importation, bringing”.
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
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.
Omit “articles, animals or plants” (wherever occurring), substitute “animals, plants or other goods”.
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).
Omit “, or goods”, substitute “or goods or any classes of persons, animals, plants or other goods”.
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.
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.
If an order made by the Minister under subsection 15(1) of the
Quarantine Act 1908 (therepealed 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.
Repeal the section.
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.
Omit “within the meaning of the
Customs Act 1901 ”.
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.
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.
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)).
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
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.
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.
Omit “Every” (wherever occurring), substitute “every”.
Omit “oversea”, substitute “overseas”.
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,”.
Omit “and” (last occurring).
Omit “Every” (wherever occurring), substitute “every”.
Omit “oversea”, substitute “overseas”.
After “disease”, insert “or quarantinable pest”.
Omit “and”.
Add:
; (f) every person who is ordered into quarantine by a quarantine officer.
Omit “All” (wherever occurring), substitute “all”.
After “disease”, insert “or quarantinable pest”.
After “disease”, insert “or quarantinable pest”.
Omit “and”.
Add:
; (f) any goods that are ordered into quarantine by a quarantine officer.
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 ).
20A Overseas aircraft to land only at landing places unless permission given 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 ).
Omit “oversea”, substitute “overseas”.
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.
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.
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.
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.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Add:
(3) An offence against this section is an offence of strict liability.
Add “or a quarantinable pest”.
Add:
Maximum penalty: Imprisonment for 5 years.
Repeal the subsection.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
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.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Add:
(3) An offence against this section is an offence of strict liability.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 1 year.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
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”.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
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.
27B Pre‑arrival and pre‑departure reports by certain aircraft
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.
28 Quarantine officer may require master and medical officer of vessel or installation to answer questions
Quarantine officer may require master or 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)).
29 People not to leave, or to remove goods from, vessel or installation that is subject to quarantine
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.
29B Directions about animals on vessels or installations
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.
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.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
Omit “constable”, substitute “police officer”.
Omit “Justice of the Peace”, substitute “magistrate”.
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.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
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.
Omit “oversea”, substitute “overseas”.
Insert:
(aa) all places in Australia; or
170
At the end of paragraphs 33(4)(a), (b), (c), (d), (e) and (f) Add “or”.
Insert:
(da) all places in the Cocos Islands; or
Repeal the penalty, substitute:
Maximum penalty: 20 penalty units.
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.
After “quarantinable disease” (wherever occurring), insert “or quarantinable pest”.
Omit “affecting animals or plants”, substitute “or pest”.
Omit “oversea”, substitute “overseas”.
Omit “owner”, substitute “importer, owner,”.
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
Maximum penalty: Imprisonment for 2 years.
(5) An offence against subsection (3) is an offence of strict liability.
Note: This section is subject to the privilege against self incrimination (see subsection 79A(3)).
Insert:
Note: It is an offence to fail to answer, or to give a false or misleading answer to, a question asked under this subsection (see section 74C).
Omit “or other records” (wherever occurring).
Insert:
Note: It is an offence to fail to produce, or to fail to correct false or misleading information in, a document required to be produced under this subsection (see section 74C).
Omit “in contact with”, substitute “exposed to”.
Insert:
Note: It is an offence to fail to deliver a sample required to be delivered under this subsection (see section 74C).
Repeal the subsections, substitute:
(5) A quarantine officer may make copies of, or take extracts from, any documents produced under subsection (3) and, for the purpose of making a copy of, or taking an extract from, a document, may remove the document from the place at which it was produced.
(6) A quarantine officer may carry out tests on any samples delivered under subsection (4).
Repeal the section, substitute:
If a quarantine officer has power under this Act to carry out tests on any samples, the officer has power to carry out tests that result in the destruction, or reduce the value, of the samples or of a package or goods associated with the samples.
(1) A quarantine officer is entitled to be accompanied by, and make use of, an animal to help the officer in:
(a) exercising the power to enter and search a quarantine station, a quarantine area, a place approved under section 46A or another place at which animals, plants or other goods may be detained under this Act; or
(b) examining or inspecting any vessel, installation, premises, vehicle, animals, plants or other goods.
(2) Subsection (1) does not apply unless:
(a) the quarantine officer is authorised by a Director of Quarantine to handle animals in the performance of his or her functions or duties; and
(b) the animal is under the effective control of the quarantine officer.
(3) If the quarantine officer is exercising a power under a warrant, subsection (1) does not apply unless the use of the animal is authorised by the warrant.
False or misleading statement
(1) A person is guilty of an offence if:
(a) the person makes a statement to a quarantine officer in respect of goods; and
(b) the person knows that the statement is false or misleading in a material particular.
Maximum penalty: Imprisonment for 2 years.
Concealment of condition of vessel or nature of goods
(2) A person is guilty of an offence if the person conceals from a quarantine officer the condition of a vessel or the nature of any goods, or any fact or matter relating to the condition of a vessel or the nature of any goods.
Maximum penalty: Imprisonment for 2 years.
Possession or conveyance of illegally imported goods
(3) A person is guilty of an offence if:
(a) the person has in his or her possession, or conveys, any goods; and
(b) the goods have been imported, introduced or otherwise brought into Australia or the Cocos Islands in contravention of this Act.
Maximum penalty: Imprisonment for 2 years.
Making of statements known to be false or misleading
(1) A person is guilty of an offence if:
(a) the person makes an oral or written statement:
(i) that an instrument under this Act has been given to, or on the application of, the person; or
(ii) that an instrument under this Act given to, or on the application of, the person is in force; or
(iii) as to the terms of an instrument under this Act given to, or on the application of, the person; or
(iv) as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or
(v) that the person is a party to a compliance agreement; or
(vi) as to the terms of a compliance agreement to which the person is a party; or
(vii) as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and
(b) the statement is false or misleading in a material particular; and
(c) the person knows that the statement is false or misleading in that particular.
Maximum penalty: Imprisonment for one year.
Negligently making false or misleading statements
(2) A person is guilty of an offence if:
(a) the person makes an oral or written statement:
(i) that an instrument under this Act has been given to, or on the application of, the person; or
(ii) that an instrument under this Act given to, or on the application of, the person is in force; or
(iii) as to the terms of an instrument under this Act given to, or on the application of, the person; or
(iv) as to any conditions to which an instrument mentioned in subparagraph (iii) is subject; or
(v) that the person is a party to a compliance agreement; or
(vi) as to the terms of a compliance agreement to which the person is a party; or
(vii) as to any conditions to which a compliance agreement mentioned in subparagraph (vi) is subject; and
(b) the statement is false or misleading in a material particular; and
(c) the person is negligent as to whether or not the statement is false or misleading in that particular.
Maximum penalty: Imprisonment for 6 months.
Definition
(3) In this section:
instrument under this Act means an approval, authorisation, permission or permit under this Act.
Repeal the subsection and penalty, substitute:
(3) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (1) or (2); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 2 years.
Insert:
(1) For the purpose of achieving the object referred to in section 4, a quarantine officer who is in charge of a quarantine station may give directions to a person in the quarantine station.
(2) For the purpose of achieving the object referred to in section 4, a quarantine officer may give directions to a person who is in a place approved under section 46A.
(3) Without limiting subsections (1) and (2), the directions that may be given under either of those subsections to a person in a quarantine station or a place approved under section 46A may include either or both of the following:
(a) a direction to leave the quarantine station or place;
(b) a direction to subject himself or herself to such treatment as is required by the direction.
(4) 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 2 years.
Repeal the subsection and penalty, substitute:
(1) A quarantine officer who boards a vessel:
(a) may remain on it for such period as the officer thinks necessary or desirable for the purpose of performing his or her duties; and
(b) may direct the master to provide suitable and sufficient food and sleeping accommodation for the officer.
(1A) The master of a vessel is guilty of an offence if:
(a) a direction is given to the master under paragraph (1)(b); and
(b) the master fails to comply with the direction.
Maximum penalty: 10 penalty units.
(1B) An offence against subsection (1A) is an offence of strict liability.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Repeal the penalty, substitute:
Maximum penalty: 20 penalty units.
Repeal the penalty, substitute:
Maximum penalty: 20 penalty units.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Add:
Note: This subsection is subject to the privilege against self incrimination (see subsection 79A(3)).
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Insert:
(6A) An offence against subsection (2), (3), (4) or (6) is an offence of strict liability.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for one year.
Omit all the words after “questions” (last occurring).
Insert:
(3A) A person is guilty of an offence if:
(a) a requirement is made of the person under subsection (3); and
(b) the person fails to comply with the requirement.
Maximum penalty: 50 penalty units.
(3B) An offence against subsection (3A) is an offence of strict liability.
Note: This section is subject to the privilege against self incrimination (see subsection 79A(3)).
Repeal the subsection, substitute:
(1) A quarantine officer may affix any notices relating to quarantine that have been approved by a Director of Quarantine:
(a) on any part of a vessel subject to quarantine; and
(b) on any goods subject to quarantine; and
(c) at or near any quarantine station or any place approved under section 46A; and
(d) in any quarantine area; and
(e) in any other place approved for the purposes of this Act or a provision of this Act.
A notice prescribed for the purposes of subsection 74(1) of the
Quarantine Act 1908 immediately before the commencement of this Schedule is taken to have been approved by a Director of Quarantine for the purposes of subsection 74(1) substituted by item 264.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Insert:
(2A) An offence against subsection (2) is an offence of strict liability.
Repeal the penalty, substitute:
Maximum penalty: 50 penalty units.
Add:
(2) An offence against subsection (1) is an offence of strict liability.
Repeal the sections, substitute:
(1) A Director of Quarantine may cause an identity card to be issued to an officer.
(2) An identity card:
(a) is to incorporate a recent photograph of the officer to whom it is issued; and
(b) is to contain:
(i) the officer’s signature; or
(ii) a unique number assigned to the officer by the Director who issued the identity card; and
(c) is to state that the officer is an officer appointed under this Act.
(3) A person who ceases to be a quarantine officer must, as soon as practicable after so ceasing, return his or her identity card to a Director of Quarantine.
(4) A person is guilty of an offence if:
(a) an identity card was issued to the person; and
(b) the person has ceased to be a quarantine officer; and
(c) the person fails to return the identity card as required by subsection (3).
Maximum penalty: One penalty unit.
74BC Power to require information after entering premises with consent or under warrant
(1) Subject to subsection (2), a quarantine officer who has entered premises under subparagraph 66AB(1)(a)(iv) or paragraph 66AE(2)(b) or under a warrant under section 66AC, 66AF or 66AH may, to the extent that it is reasonably necessary for the purpose of deciding whether to exercise any power under this Act or finding out whether this Act has been complied with:
(a) require a person to answer questions relating to the movement of people, vehicles or goods to or from the premises or otherwise relating to the prevention or control of the introduction, establishment or spread of a disease or pest; or
(b) require a person to produce any documents relating to the movement of people, vehicles or goods to or from the premises or otherwise relating to the prevention or control of the introduction, establishment or spread of a disease or pest, and inspect any documents so produced.
(2) A quarantine officer is not entitled to make a requirement of a person under subsection (1) unless the officer produces his or her identity card for inspection by the person.
Note: This section is subject to the privilege against self incrimination (see subsection 79A(3)).
Failure to answer question or produce document
(1) A person is guilty of an offence if:
(a) the person is asked a question or required to produce a document under subsection 70B(2) or (3) or 74BC(1); and
(b) the person fails to answer the question or produce the document.
Maximum penalty: Imprisonment for one year.
Failure to deliver sample
(2) A person is guilty of an offence if:
(a) the person is required under subsection 70B(4) to deliver a sample; and
(b) the person fails to deliver the sample.
Maximum penalty: Imprisonment for one year.
Giving false or misleading answer to question
(3) A person is guilty of an offence if:
(a) the person answers a question asked of him or her under subsection 70B(2) or (3) or 74BC(1); and
(b) the answer contains a statement that the person knows to be false or misleading in a material particular.
Maximum penalty: Imprisonment for 2 years.
Failure to correct false or misleading information in document
(4) A person is guilty of an offence if:
(a) the person produces to a Director of Quarantine or a quarantine officer a document that the person was required under this Act to produce; and
(b) the document contains a statement that the person knows to be false or misleading in a material particular; and
(c) the person does not:
(i) indicate to the person to whom the document is produced that it is false or misleading and the respect in which it is false or misleading; and
(ii) provide correct information to that person if the person producing the document is in possession of, or can reasonably acquire, the correct information.
Maximum penalty for an offence against this subsection: Imprisonment for 2 years.
Note: Subsections (1) and (2) are subject to the privilege against self incrimination (see subsection 79A(3)).
(1) A warrant issued under section 74AB, 74A, 74B or 74BA of the
Quarantine Act 1908 that was in force immediately before the repeal of that section continues in force, and may be executed, as if that section had not been repealed.(2) A consent given by the occupier of any premises under section 74AB, 74A, 74B or 74BA of the
Quarantine Act 1908 before the repeal of that section that had not been revoked before that repeal is taken to have been given under the corresponding section of Part VIA of that Act inserted by this Schedule.(3) A notice prescribed for the purposes of paragraph 74A(4)(d) of the
Quarantine Act 1908 immediately before the repeal of section 74A of that Act is taken to have been approved by a Director of Quarantine for the purposes of paragraph 66AA(1)(i) of that Act inserted by this Schedule.
Repeal the section, substitute:
(1) If a quarantine officer believes on reasonable grounds that a vessel or vehicle is carrying, or will carry, infected goods or goods subject to quarantine in a manner that could result in the introduction, establishment or spread of a disease or pest, the officer may give the master of the vessel or the person in control of the vehicle directions to take measures in respect of the vessel or vehicle, or the goods, that the officer thinks necessary to prevent the introduction, establishment or spread of the disease or pest.
(2) The directions that may be given under subsection (1) include, without limiting the generality of that subsection, any of the following:
(a) directions relating to the movement of the vessel or vehicle (including a direction to cause the vessel or vehicle to stop);
(b) directions for the performance of work on the vessel or vehicle;
(c) directions for the treatment of the vessel, vehicle or goods.
(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 5 years.
(4) In this section:
infected goods has the same meaning as in section 66AA.
(1) A quarantine officer may direct the master or owner of a vessel or installation:
(a) that is subject to quarantine; or
(b) on which a person is performing quarantine;
to provide such help as is reasonable, and is stated in the direction, to any officer performing functions or duties or exercising powers under this Act in relation to the vessel or installation or in relation to any person who, or thing that, is on the vessel or installation.
(2) 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 6 months.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 6 months.
Repeal the subsection and penalty, substitute:
(1) A quarantine officer may require a person who is subject to quarantine or performing quarantine to submit himself or herself to vaccination or inoculation with any prophylactic or curative vaccine.
(1A) A person is guilty of an offence if:
(a) a requirement is made of the person under subsection (1); and
(b) the person fails to comply with the requirement.
Maximum penalty: 20 penalty units.
(1B) An offence against subsection (1A) is an offence of strict liability.
275
Subsection 75A(1) (at the end of paragraphs (a) and (b) of the definition of approved person ) Add “or”.
276
Subsection 75A(1) (paragraphs (c) and (d) of the definition of approved person ) Repeal the paragraphs, substitute:
(c) a police officer; or
277
Subsection 75A(1) (definition of officer of Customs ) Repeal the definition.
278
Subsection 75A(1) (paragraph (b) of the definition of prescribed vessel ) Repeal the paragraph, substitute:
(b) an aircraft.
279
At the end of paragraphs 75A(2)(a), (b), (c), (d) and (e) Add “and”.
Omit “a vessel used in navigation by air”, substitute “an aircraft”.
Omit “50”, substitute “20D”.
Omit “a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both”, substitute “imprisonment for not more than 10 years”.
Omit “oversea”, substitute “overseas”.
284
Subsection 75B(2) (definition of prescribed oversea vessel ) Repeal the definition.
Insert:
prescribed overseas vessel means an overseas vessel (other than a vessel detained under section 75A or an overseas aircraft) the maximum overall length of the hull proper of which is 45 metres or less.
Repeal the sections, substitute:
Definition
(1) In this section:
relevant act means any of the following:
(a) entering or trespassing on, or leaving, a quarantine station or quarantine area;
(b) taking any animal, plant or other goods into or out of a quarantine station or quarantine area;
(c) interfering with any animals, plants or other goods that are subject to quarantine.
Offence to act without permission
(2) A person is guilty of an offence if:
(a) the person does a relevant act; and
(b) the person does not have the written permission of a quarantine officer to do the act.
Maximum penalty: Imprisonment for 2 years.
Offence to contravene condition of permission
(3) A person is guilty of an offence if:
(a) the person does a relevant act; and
(b) the person has the written permission of a quarantine officer to do the act; and
(c) the permission is subject to a condition; 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 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 one or more relevant acts or to do one or more relevant acts during a specified period.
Power to detain unauthorised persons
(5) If an unauthorised person:
(a) enters a quarantine station while anyone is performing quarantine at the station; or
(b) enters a quarantine area;
a quarantine officer may:
(c) detain the person at the quarantine station for the performance of quarantine, or detain the person in the quarantine area, as the case may be, and use any means reasonably necessary to detain the person; and
(d) give such directions to the person as are necessary to prevent or control the introduction, establishment or spread of a disease or pest.
(6) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (5); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 2 years.
A pilot who conducts a vessel that is subject to quarantine into a place that is not the proper place for a vessel subject to quarantine is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
Note: The pilot will not be guilty of an offence if the conducting of the vessel to the place was due to sudden or extraordinary emergency (see section 10.3 of the
Criminal Code ).
The master of a vessel is guilty of an offence if:
(a) the master knows that a quarantinable disease or quarantinable pest exists on the vessel; and
(b) the master causes or permits the vessel to enter a port other than a port declared to be a first port of entry.
Maximum penalty: Imprisonment for 10 years.
Note: The master will not be guilty of an offence if the entry of the vessel to the port was due to circumstances of sudden or extraordinary emergency (see section 10.3 of the
Criminal Code ).
287
Subsection 78A(1) (definition of Commonwealth ) Repeal the definition.
288
Subsection 78A(1) (paragraph (d) of the definition of vessel ) After “port”, insert “or other place”.
289
Subsections 78A(2), (3) and (4) (including the note to subsection (4)) Repeal the subsections and note, substitute:
(2) If a quarantine officer believes, on reasonable grounds, that a vessel or installation is in an insanitary condition, or is likely to be carrying diseases or pests, the quarantine officer may give a direction to the owner or master of the vessel or installation requiring a specified process to be carried out in respect of the vessel or installation in the manner specified in the direction.
(3) Without limiting subsection (2):
(a) the process that may be specified in a direction given under that subsection includes:
(i) subjecting the vessel or installation to specified treatment; and
(ii) storing, discharging, removing, treating or disposing of refuse, organic waste, dunnage, sweepings from the hold or ballast water; and
(iii) keeping food in a hygienic condition; and
(iv) treating any thing on the vessel or installation; and
(v) moving any people on the vessel or installation to a different part of the vessel or installation or causing them to disembark; and
(vi) embarking people on to the vessel or installation; and
(vii) moving or securing any goods on the vessel or installation or causing them to be unloaded; and
(viii) loading goods on to the vessel or installation; and
(ix) producing samples of, or exchanging or treating, ballast water in the vessel; and
(b) the direction may specify where the specified process is to be carried out.
(4) A person is guilty of an offence if:
(a) the person is given a direction under subsection (2); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 2 years.
Note: The heading to section 78A is replaced by the heading “
Treatment of vessels and installations that are believed to be in an insanitary condition or to be likely to be carrying diseases or pests ”.
An order given under section 78A of the
Quarantine Act 1908 that was in force immediately before the commencement of this Schedule continues in force as if it were a direction given under that section as amended by this Schedule.
Insert:
(1) If:
(a) a vessel or installation is subject to quarantine; or
(b) a person who is subject to quarantine is on board a vessel or installation;
a quarantine officer may give to the master of the vessel or installation a direction requiring a specified process to be carried out in respect of the vessel or installation in the manner specified in the direction.
(2) Without limiting subsection (1):
(a) the process that may be specified in a direction under that subsection includes:
(i) subjecting the vessel or installation to specified treatment; and
(ii) storing, discharging, removing, treating or disposing of refuse, organic waste, dunnage, sweepings from the hold or ballast water; and
(iii) keeping food in a hygienic condition; and
(iv) treating any thing on the vessel or installation; and
(v) moving any people on the vessel or installation to a different part of the vessel or installation or causing them to disembark; and
(vi) embarking people on to the vessel or installation; and
(vii) moving or securing any goods on the vessel or installation or causing them to be unloaded; and
(viii) loading goods on to the vessel or installation; and
(ix) producing samples of, or exchanging or treating, ballast water in the vessel; and
(b) the direction may specify where the specified process is to be carried out.
(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.
Omit “subsection (1) of section 78A”, substitute “subsection 78A(2) or 78AA(1)”.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 2 years.
Insert:
(1) If a quarantine officer believes, on reasonable grounds, that:
(a) a vessel that is in a port or other place is in an insanitary condition or is carrying diseases or pests; and
(b) if quarantine measures are not taken there will be an unacceptably high level of quarantine risk;
the officer may do either or both of the following:
(c) cause the vessel to be moved to another place;
(d) cause cargo or other goods or any other thing on the vessel to be removed from the vessel to another place.
(2) A person is guilty of an offence if:
(a) either of the following happens:
(i) a vessel is moved to a place under paragraph (1)(c);
(ii) cargo or other goods or any other thing on a vessel is removed from the vessel to a place under paragraph (1)(d); and
(b) the person causes the vessel to be moved from the place mentioned in subparagraph (a)(i) or causes the cargo or other goods or other thing on the vessel to be removed from the place mentioned in subparagraph (a)(ii), as the case may be, without the permission of a quarantine officer.
Maximum penalty: Imprisonment for 2 years.
Insert:
Person not entitled to refuse to give information or documents under certain provisions of the Act
(1) A person is not entitled to refuse to answer a question, give information or produce a document that he or she is required to answer, give or produce by or under section 27A, 27B or 28 or subsection 70(2) or 70AA(3) on the ground that the answer, the information or the production of the document, as the case may be, might tend to incriminate him or her.
Use derivative‑use indemnity applies to information or documents
(2) However, any answer or information so given or the production of such a document, and any information or thing (including any document) obtained as a direct or indirect result of the giving of the answer or information or the production of the document, is not admissible in evidence against the person in:
(a) any criminal proceedings other than a proceeding for an offence against subsection 27A(6) or (7), 27B(5) or (6), 28(8) or (9) or 74C(4); or
(b) any civil proceedings.
Privilege not otherwise affected
(3) Except as provided by subsection (1), nothing in this Act affects the right of a person to refuse to answer a question, give information, or produce a document or thing, on the ground that the answer to the question, the information, or the production of the document or thing, might tend to incriminate him or her or make him or her liable to a penalty.
Omit “wilfully”.
Omit “knowingly and”.
Omit “indictable”.
Repeal the penalty, substitute:
Maximum penalty: Imprisonment for 5 years.
Repeal the subsection.
Note: The heading to section 81 is replaced by the heading “
Bribing or attempting to influence officer ”.
Repeal the sections, substitute:
(1) The Minister, a Director of Quarantine, an officer, an analyst, an authorised person or an approved person referred to in section 75A or 75B is not liable to any action, suit or other civil proceeding for or in relation to anything done or omitted to be done in good faith (whether negligently or not) by the Minister, Director, officer, authorised person or approved person in the performance or purported performance of any function or duty, or the exercise or purported exercise of any power, conferred on the Minister, Director, officer, authorised person or approved person under this Act.
(2) A quarantine officer is not liable to any action, suit or other civil proceeding in relation to:
(a) anything done by an animal used by the officer; or
(b) anything done or omitted to be done (whether negligently or not) by a person providing or purporting to provide help as a result of a request made by the officer;
in the performance or purported performance of any function or duty, or the exercise or purported exercise of any power, conferred on the officer under this Act.
(3) A person who is requested or directed by a quarantine officer to provide help to the officer:
(a) in the performance or purported performance of any function or duty; or
(b) in the exercise or purported exercise of any power;
conferred on the officer under this Act is not liable to any action, suit or other civil proceeding for or in relation to anything done or omitted to be done in good faith (whether negligently or not) by the person in the provision or purported provision of the help.
The master, a medical officer or an agent of:
(a) a vessel; or
(b) an Australian installation; or
(c) a resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed; or
(d) a sea installation that is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal sea;
is guilty of an offence if the master, medical officer or agent, as the case may be:
(e) makes, in an answer to a question asked of him or her by a quarantine officer under this Act, a statement that he or she knows to be false or misleading in a material particular; or
(f) misleads a quarantine officer who is performing duty as such an officer.
Maximum penalty: Imprisonment for 5 years.
A quarantine officer who maliciously orders any vessel, installation or person, or any animal, plant or other goods, into quarantine is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
Repeal the section.
Insert:
Appointment of analyst
(1) The Secretary may appoint a person to be an analyst for the purposes of this Act.
Analyst’s certificate to be evidence
(2) Subject to subsection (4), in any proceedings for an offence against this Act, a certificate of an analyst in a form approved by a Director of Quarantine stating, in respect of any substance or thing in relation to which the offence is alleged to have been committed, all or any of the following matters:
(a) that the analyst signing the certificate is appointed under subsection (1);
(b) when and from whom the substance or thing was received;
(c) what, if any, labels or other means of identifying the substance or thing accompanied it when it was received;
(d) what container or containers the substance or thing was contained in when it was received;
(e) a description, and the weight, of the substance or thing received;
(f) when the substance or thing, or a portion of it, was analysed;
(g) a description of the method of analysis;
(h) the results of the analysis;
(i) how the substance or thing was dealt with after handling by the analyst, including details of:
(i) the quantity retained; and
(ii) the name of the person, if any, to whom any retained quantity was given; and
(iii) measures taken to secure any retained quantity;
is admissible as prima facie evidence of the matters in the certificate and of the correctness of the result of the analysis.
Proof of certificate
(3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) is, unless the contrary is established, to be taken to be such a certificate and to have been duly given.
Copy of certificate to be given to defendant or defendant’s solicitor
(4) A certificate must not be admitted in evidence under subsection (2) in proceedings for an offence unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.
Analyst may be required to attend for cross‑examination
(5) Subject to subsection (6), if, under subsection (2), a certificate of an analyst is admitted in evidence in proceedings for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate.
Notice to be given to prosecutor
(6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the analyst to be so called; or
(b) the Court, by order, allows the person to require the analyst to be so called.
Omit “in respect of”, substitute “for or in relation to the doing of anything in connection with”.
Repeal the paragraphs, substitute:
(a) specified examinations or services carried out or provided under this Act; and
(b) the issue by quarantine officers of specified certificates under this Act; and
After “Islands”, insert “or at a place approved under section 46A”.
Repeal the paragraph, substitute:
(d) the giving of approvals by a Director of Quarantine under subsection 44A(5) or 46A(1); and
(e) the giving of permissions and permits under this Act; and
(f) the entering into compliance agreements.
Omit “in accordance with an agreement”.
After “quarantine station”, insert “or at a place approved under section 46A”.
Add “or place”.
Add:
(5) A Director of Quarantine may determine that a fee is not payable, in circumstances set out in the determination, for or in relation to the doing of anything in connection with a quarantine service. A determination has effect according to its terms.
Insert:
Chapter 2 of the
Criminal Code applies to all offences against this Act.
After “arises”, insert “, or of a quarantinable pest which occurs,”.
After “disease”, insert “or pests”.
Add “or quarantinable pests”.
Repeal the paragraph, substitute:
(k) for regulating the discharge or removal from a vessel of any thing, for example, ballast water, refuse, and equipment or things used for purposes associated with the transportation of animals, plants or other goods;
Any regulations made under paragraph 87(1)(k) of the
Quarantine Act 1908 that were in force immediately before the commencement of this Schedule continue in force as if they had been made under paragraph 87(1)(k) substituted by item 316.
After “disease”, insert “or pests”.
Repeal the paragraph, substitute:
(lb) for requiring, or requiring arrangements to be made for, the treatment of, or the taking of other measures of quarantine in relation to, aircraft before or after they land in Australia or the Cocos Islands;
Any regulations made under paragraph 87(1)(lb) of the
Quarantine Act 1908 that were in force immediately before the commencement of this Schedule continue in force as if they had been made under paragraph 87(1)(lb) substituted by item 319.
After “agents”, insert “or pests”.
Repeal the paragraphs, substitute:
(ra) for prescribing matters relating to:
(i) the making of an application for any of the following (however described), a permission, permit, authorisation or approval under this Act, the regulations, a Proclamation under this Act or a compliance agreement; and
(ii) the procedures for consideration of such an application and the grant or refusal of the application; and
(iii) the making of an order, determination or declaration under this Act, the regulations, a Proclamation under this Act or a compliance agreement; and
(iv) the giving of a notice or direction, or the making of any other requirement, under this Act, the regulations, a Proclamation under this Act or a compliance agreement;
(rb) for prescribing the manner in which any permission, permit, authorisation, approval, notice, direction, requirement or other instrument granted or given, or any order, determination, declaration or other instrument made, under this Act, the regulations, a Proclamation under this Act or a compliance agreement may be produced to a person or body.
Any regulations made under paragraph 87(1)(ra) or (rb)) of the
Quarantine Act 1908 that were in force immediately before the commencement of this Schedule continue in force as if they had been made under paragraph 87(1)(ra) or (rb), as the case may be, substituted by item 322.
Omit “communicable diseases or diseases or pests affecting animals or plants”, substitute “diseases or pests”.
Omit “animal or plant diseases” (wherever occurring), substitute “diseases or pests”.
Omit “and search”, substitute “, search and examine”.
After “diseases”, insert “or pests”.
[
(228/98) |
0
0
0