Quarantine (General) Amendment Regulations 1999 (No. 1) (Cth)

Quarantine (General) Amendment Regulations 1999 (No. 1)

Statutory Rules 1999 No. 308

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Quarantine Act 1908.

Dated 8 December 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Quarantine (General) Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999 No. 3082

made under the

Quarantine Act 1908

   

Contents

Page

• •
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1Name of Regulations

 These Regulations are the Quarantine (General) Amendment Regulations 1999 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Quarantine (General) Regulations

 Schedule 1 amends the Quarantine (General) Regulations.

Schedule 1Amendments

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(regulation 3)

[1]Regulation 1

substitute

1Name of Regulations

 These Regulations are the Quarantine (General) Regulations 1956.

[2]Regulation 84

substitute

84False or misleading Incoming Passenger Card or Master and Crew Declaration Card

• (1)

  A person must not give, to a question about a quarantine matter on an Incoming Passenger Card or a Master and Crew Declaration Card, a false or misleading answer (even if the answer is in relation to somebody else).

  Penalty:   10 penalty units.

• (2)

  A contravention of subregulation (1) is an offence of strict liability.

• (3)

  In subregulation (2), offence of strict liability has the meaning given by section 6.1 of the Criminal Code.

• (4)

  For subregulation (1):

answer includes an answer given by marking a square printed on a card for that purpose.

Incoming Passenger Card means a card in the form approved from time to time as the Incoming Passenger Card by a Director of Quarantine.

Master and Crew Declaration Card means a card in the form approved from time to time as the Master and Crew Declaration Card by a Director of Quarantine.

• (5)

  Nothing in subregulation (4) prevents the approval, as an Incoming Passenger Card or a Master and Crew Declaration Card, of a card in a form that:

  • (a)

    is also approved for another purpose under a Commonwealth law; or

  • (b)

    contains questions about matters arising under a Commonwealth law other than the Act or these Regulations.

[3]Regulation 85, heading

substitute

85Definitions for Part

[4]Regulation 85, definition of infringement notice offence

substitute

infringement notice offence means:

• (a)

  a contravention by a passenger who travelled to Australia on an oversea vessel, or the master or a member of the crew of such a vessel, of subsection 70A (3) or (3A) of the Act, if committed at a landing place, a section 20AA place, or a first port of entry; or

• (b)

  a contravention of subregulation 84 (1).

[5]Regulation 85, after definition of quarantine clearance area

insert

section 20AA place means a place specified in a notice given under section 20AA of the Act.

[6]Regulation 86

omit

If there are

insert

• (1)

  If there are

[7]Regulation 86

insert

• (2)

  However, if a person who has allegedly contravened subsection 70A (3) or (3A) of the Act, or subregulation 84 (1), leaves the port, place of entry or section 20AA place where the contravention allegedly occurred without an infringement notice being served on him or her for the alleged contravention, an infringement notice for the alleged contravention must not be served on him or her subsequently.

[8]Regulations 89, 90 and 91

substitute

89What must be in infringement notices

 (1) An infringement notice must:

• (a)

  be identified by a unique number, or a unique combination of digits and characters; and

• (b)

  give the name of, and be signed by, the quarantine officer who issued it; and

• (c)

  state its date of issue; and

• (d)

  if the quarantine officer knows the name and address in Australia of the person to whom the notice is issued — state the person’s name (or surname and initials) and address in Australia; and

• (e)

  give brief details of the offence alleged to have been committed, including:

  • (i)

    the date of the offence; and

  • (ii)

    where the offence happened; and

  • (iii)

    the provision of the Act or these Regulations contravened; and

• (f)

  state the prescribed penalty payable under the notice; and

• (g)

  state where and how the penalty must be paid; and

• (h)

  tell the person to whom it is issued that if he or she is prosecuted in court and found guilty of the offence, he or she may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; and

• (i)

  tell the person the greatest penalty that a court could impose for the offence; and

• (j)

  tell the person that if he or she does not wish to have the matter dealt with by a court, he or she must (unless a quarantine officer allows more time to pay) pay the prescribed penalty before leaving the quarantine clearance area; and

• (k)

  tell the person that he or she can ask a quarantine officer for more time to pay; and

• (l)

  tell the person that if he or she pays the penalty before leaving the quarantine clearance area, or before any later time allowed for the purpose by a quarantine officer (unless the infringement notice is subsequently withdrawn):

  • (i)

    his or her liability (if any) for the offence will be discharged; and

  • (ii)

    he or she cannot be prosecuted in a court for the offence; and

  • (iii)

    he or she will not be taken to have been convicted of the offence; and

• (m)

  set out how the notice can be withdrawn, and state that, if the notice is withdrawn:

  • (i)

    any amount of penalty paid under the notice must be refunded; and

  • (ii)

    the person may be prosecuted in a court for the offence.

 (2) An infringement notice may contain any other information that the quarantine officer who serves it thinks necessary.

90When prescribed penalty must be paid

• (1)

  The person on whom an infringement notice is served must pay the prescribed penalty payable under the notice before he or she leaves the quarantine clearance area.

• (2)

  However, if a quarantine officer considers that it is proper in all the circumstances to allow the person more time to pay, the officer may do so (whether or not the person has asked for more time to pay).

• (3)

  An officer may do so whether or not the person has left the quarantine area.

• (4)

  If the officer allows more time, the officer must tell the person, in writing, that the officer has done so, and when the time so allowed ends.

91What happens if prescribed penalty is paid

 If the person on whom an infringement notice is served pays the prescribed penalty payable under the notice before he or she leaves the quarantine clearance area, or any later time allowed by an officer under subregulation 90 (2), then, unless the notice is subsequently withdrawn:

• (a)

  the person’s liability (if any) in respect of the offence alleged in the notice is discharged; and

• (b)

  no further proceedings may be taken against him or her for the alleged offence; and

• (c)

  he or she is not taken to have been convicted of the offence.

Notes

1. These Regulations amend Statutory Rules 1956 No. 114, as amended by 1957 No. 13; 1958 No. 34; 1965 Nos. 80 and 188; 1972 Nos. 82, 129 and 190; 1973 No. 252; 1976 No. 193; 1978 No. 167; 1979 Nos. 15 and 286; 1980 Nos. 51 and 116; 1981 Nos 10, 42, 215 and 277; 1984 No. 26; 1985 No. 345; 1986 No. 37; 1987 No. 193; 1988 No. 328; 1990 No. 352; 1994 No. 274; 1997 No. 85.

2. Made by the Governor-General on 8 December 1999, and notified in the Commonwealth of Australia Gazette