Quarantine Amendment Act 1999
No. 196, 1999
Quarantine Amendment Act 1999
No. 196, 1999
An Act to amend the Quarantine Act 1908, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Quarantine Act 1908
Quarantine Amendment Act 1999
No. 196, 1999
An Act to amend the Quarantine Act 1908, and for related purposes
[Assented to 23 December 1999]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Quarantine Amendment Act 1999.
2 Commencement
(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.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Quarantine Act 1908
1 Subsection 2B(1)
After “quarantinable disease”, insert “or quarantinable pest”.
2 Subsections 2B(3) and (4)
Repeal the subsections, substitute:
(3) A person is guilty of an offence if:
(a) a direction is given to the person under subsection (2); and
(b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 10 years.
3 Section 4
Repeal the section, substitute:
4 Scope of quarantine
In this Act, quarantine includes, but is not limited to, measures:
(a) for, or in relation to, the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things; and
(b) having as their object the prevention or control of the introduction, establishment or spread of diseases or pests that will or could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities.
4 Subsection 5(1)
Insert:
aircraft means any machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy but does not include an air cushion vehicle.
5 Subsection 5(1)
Insert:
analyst means a person appointed under section 86DA.
6 Subsection 5(1)
Insert:
animals, plants or goods or animals, plants or other goods includes, to avoid doubt, any goods as defined by this subsection.
7 Subsection 5(1)
Insert:
area in the vicinity of the Protected Zone means an area adjacent to the Protected Zone that is declared by the Minister under subsection (8) to be an area in the…
Overview
The Quarantine Amendment Act 1999 was enacted by the Parliament of Australia to amend the Quarantine Act 1908 and address various gaps and problems in the existing legislation. This amendment introduced a range of modifications to update and clarify the original Act, particularly to ensure that it effectively deals with the evolving threats posed by quarantinable pests alongside quarantinable diseases. Among the key changes, the Act expanded the scope of quarantine measures to include the prevention and control of diseases and pests that could cause significant harm to human beings, animals, plants, the environment, or economic activities. It also introduced new definitions and clarified existing ones to better encapsulate the current practices and requirements of quarantine operations. Additionally, the Act revised the penalties for various offences, aligning them with contemporary standards and the severity of the violations. The policy objective behind these amendments was to strengthen Australia's biosecurity framework to better protect its borders from the introduction and spread of harmful diseases and pests, thereby safeguarding public health, agriculture, and the environment.
Scope and Application
The Quarantine Amendment Act 1999 amends the Quarantine Act 1908, expanding the scope and application of the Act. It applies to all individuals and entities involved in the import and export of goods and the movement of vessels and aircraft to and from Australia and the Cocos Islands. This includes persons such as masters, operators, and owners of vessels and aircraft, as well as quarantine officers and other government officials responsible for enforcing the Act. The Act applies to any goods that are subject to quarantine, which includes animals, plants, and other articles or substances. It also applies to the treatment, examination, and regulation of these goods, vessels, and aircraft to prevent the introduction, establishment, or spread of diseases or pests that could harm human beings, animals, plants, the environment, or economic activities. The Act extends to the Territory of Ashmore and Cartier Islands and may be further extended through subordinate instruments such as proclamations, orders, determinations, or declarations made by the Governor-General, the Minister, or the Secretary. The Act does not extend to the Territory of Christmas Island unless specifically mentioned. The Act outlines specific exemptions and thresholds, such as the ability for the Director of Quarantine to grant exemptions from quarantine measures in emergency situations and the requirement for certain vessels to carry disinfecting equipment. The penalties for contravening the Act vary depending on the offence, ranging from fines to imprisonment for up to 10 years. The Act also grants various powers to quarantine officers, including the ability to search, seize, and detain goods and individuals in certain circumstances. The Act allows for the making of compliance agreements with individuals and entities to ensure adherence to quarantine measures. Certain provisions of the Act are subject to the privilege against self-incrimination, while others are not, and the Act provides for the admissibility of evidence obtained through the exercise of its powers.
Key Provisions
- The Quarantine Amendment Act 1999 (No. 196) amends the Quarantine Act 1908 to update and refine its provisions, primarily focusing on definitions, obligations, and penalties. The Act introduces several key changes, including expanded definitions of terms such as "aircraft," "commander," "goods," "quarantinable pest," "vessel," and "voyage." It also redefines "quarantine" to include measures against diseases and pests that could harm human beings, animals, plants, or the environment.
- The Act imposes various obligations on parties and entities. For example, the Minister is authorised to declare areas as Special Quarantine Zones and determine the level of quarantine risk. Quarantine officers, including those in human, animal, and plant quarantine, must perform their functions under the directions of relevant Chiefs or Directors. The master and operator of vessels and aircraft must adhere to quarantine directives, such as displaying quarantine signals and complying with landing and entry requirements. They must also ensure that vessels or installations are kept in sanitary conditions and comply with treatment directives. Individuals and entities must provide necessary information and documentation to quarantine officers upon request, such as pre-arrival and pre-departure reports and details of any disease or pest presence. They are also liable for the costs associated with the quarantining and treatment of animals and goods.
- The Act sets out severe penalties for breaches, including imprisonment and fines. For instance, failing to comply with a quarantine direction results in imprisonment for up to 10 years. The master of a vessel or the commander of an aircraft landing in unauthorised locations can be imprisoned for 5 years. Those who fail to give required information or provide false or misleading statements face penalties ranging from 6 months to 5 years imprisonment, depending on the severity of the offence. Additionally, individuals who knowingly or negligently make false statements about approvals, permits, or compliance agreements can be imprisoned for up to one year. Goods that are illegally imported or removed can be seized and forfeited to the Commonwealth.
- Moreover, the Act includes specific provisions on civil and criminal consequences. It stipulates that certain offences are of strict liability, meaning intent does not need to be proven. For example, failing to comply with a quarantine officer's direction to display a quarantine signal or to give information is an offence of strict liability, with a penalty of up to 50 penalty units. However, some provisions, like those related to providing false information under certain sections, are subject to the privilege against self-incrimination. Conversely, the Act excludes this privilege for specific provisions, such as those requiring information related to the prevention or control of disease or pest introduction. Furthermore, the Act provides immunity from civil liability for officials acting in good faith in their duties, except in cases of malicious conduct or false statements.
- Area of Law
- Environmental Law
- Health Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Compliance Obligations
