Quarantine (General) Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 85 1

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Quarantine (General) Regulations 2(Amendment)

I, The 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 16 April 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN ANDERSON

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Quarantine (General) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 84

2.1 After regulation 83, insert in Part 8:

Failure to complete quarantine entry statement

 “84. (1) A quarantine officer may require a person who travelled to Australia on an oversea vessel (including the master and a member of the crew of the vessel) to make, and produce, a statement in writing in relation to matters within the functions, duties or powers of the quarantine officer.

 “(2) Without limiting subregulation (1), the officer may require the person to complete those parts of the form known as the Travellers Statement that are relevant to the functions, duties or powers of the officer. 

 “(3) A person must not:

• (a)

  refuse or fail to comply with a requirement made by a quarantine officer under subregulation (1); or

• (b)

  make a written or oral statement for the purpose of subregulation (1) that is false or misleading in a material particular.

Penalty:

20 penalty units.

 “(4)Chapter 2 of the Criminal Code applies to this regulation as if it were in operation.

[NOTE: Chapter 2 of the Criminal Code codifies the general principles of criminal responsibility.]”.

3.   New Part 9

3.1 After Part 8, insert:

“Part 9—Infringement notices

Interpretation

 “85. In this Part:

‘infringement notice’ means a notice under regulation 86;

‘infringement notice offence’ means a contravention, of a minor nature, by a person who travelled to Australia on an oversea vessel (including the master and a member of the crew of the vessel) of:

• (a)

  subsection 70A (3) of the Act; or

• (b)

  regulation 84;

at a landing place, a place specified in a notice given under section 20AA of the Act or a first port of entry;

 

‘prescribed penalty’ means:

• (a)

  in relation to an infringement notice offence involving goods that:

  • (i)

    are prohibited for importation into Australia by a Proclamation under section 13 of the Act; and

  • (ii)

    are subject to forfeiture under section 68 of the Act;

 one penalty unit;

• (b)

  in any other case—half a penalty unit;

‘quarantine clearance area’ means an area where functions under the Act or these Regulations are performed at a landing place, a place specified in a notice given under section 20AA of the Act or a first port of entry.

When can an infringement notice be served?

 “86. If there are reasonable grounds to believe that a person has committed an infringement notice offence, a quarantine officer may cause an infringement notice to be served on the person.

Name and address of person on whom infringement notice is to be served

 “87. If an infringement notice is to be served on a person, a quarantine officer may require the person:

• (a)

  to give to the quarantine officer the person’s name and address in Australia; and

• (b)

  to show to the quarantine officer evidence of the person’s identity. 

Can an infringement notice be withdrawn?

 “88. If an infringement notice has been served on a person, a quarantine officer may withdraw it by notice in writing served on the person, at any time before:

• (a)

  the person leaves the quarantine clearance area; or

• (b)

  if a further period has been allowed under regulation 90—the end of that further period.

What must be included in an infringement notice?

 “89. (1)An infringement notice must be signed by the quarantine officer by whom, or on whose behalf, the notice is served, and must:

• (a)

  state the name of the quarantine officer; and

• (b)

  give brief details of the infringement notice offence that is alleged to have been committed; and

• (c)

  set out:

  • (i)

    the day on which the offence is alleged to have been committed; and

  • (ii)

    the place at which the offence is alleged to have been committed; and

  • (iii)

    if the name and address in Australia of the person alleged to have committed the offence are known to the officer—that name and address;

• (d)

  set out the prescribed penalty for the offence; and

• (e)

  state that, if the person on whom it is served does not wish the matter to be dealt with by a court, the person must pay that penalty before the person leaves the quarantine clearance area unless the notice is withdrawn before that time; and

• (f)

  specify:

  • (i)

    the place in the quarantine clearance area where the penalty may be paid; and

  • (ii)

    how the penalty may be paid; and

• (g)

  set out the procedures relating to the withdrawal of a notice and the consequences of the withdrawal of a notice. 

 “(2) An infringement notice may contain any other particulars that the quarantine officer considers necessary.

Can the time for payment be extended?

 “90. If an infringement notice has been served on a person, a quarantine officer may, if the officer is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the prescribed penalty.

What happens if the prescribed penalty is paid?

 “91.If the person on whom an infringement notice is served pays the prescribed penalty in relation to the infringement notice offence specified in the notice:

• (a)

  before:

  • (i)

    the person leaves the quarantine clearance area; or

  • (ii)

    if a further period has been allowed under regulation 90—the end of that further period; or

• (b)

  before the notice is withdrawn;

whichever happens first, then:

• (c)

  any liability of the person in respect of the offence is discharged; and

• (d)

  no further proceedings may be taken against the person in respect of the offence; and

• (e)

  the person is not to be taken to have been convicted of the offence. 

Refund of prescribed penalty if notice is withdrawn

 “92. If:

• (a)

  an infringement notice has been served on a person; and

• (b)

  the person has paid the prescribed penalty in accordance with the notice; and

• (c)

  the notice is subsequently withdrawn;

a quarantine officer must arrange for the refund to the person of an amount equal to the amount paid.

Evidentiary matters

 “93.(1) At the hearing of a prosecution for an infringement notice offence specified in an infringement notice, a certificate signed by a quarantine officer and stating:

• (a)

  that the quarantine officer did not allow further time under regulation 90 for payment of the prescribed penalty specified in the notice; and

• (b)

  that the prescribed penalty has not been paid in accordance with the notice;

is evidence of those matters.

 “(2) At the hearing of a prosecution for an infringement notice offence specified in an infringement notice, a certificate signed by a quarantine officer and stating:

• (a)

  that the quarantine officer allowed, under regulation 90, the further time specified in the certificate for payment of the prescribed penalty; and

• (b)

  that the prescribed penalty has not been paid in accordance with the notice or within the further time allowed;

is evidence of those matters.

 “(3) At the hearing of a prosecution for an infringement notice offence specified in an infringement notice, a certificate signed by a quarantine officer and stating that the notice was withdrawn on a day specified in the certificate is evidence of that fact. 

 “(4) A certificate that purports to have been signed by a quarantine officer is taken to have been signed by that person unless the contrary is proved.

Can there be more than one infringement notice for the same infringement notice offence?

 “94.This Part does not prevent more than one infringement notice being served on a person for the same infringement notice offence, but regulation 91 applies to the person if the person pays the prescribed penalty in accordance with one of the infringement notices.

What if payment is made by cheque?

 “95. If a cheque is offered as payment of all or part of the amount of a prescribed penalty specified in an infringement notice, payment is taken not to have been made unless the cheque is honoured upon presentation.

What effect does this Part have on the institution and prosecution of proceedings?

 “96. Nothing in this Part:

• (a)

  requires an infringement notice to be served on a person in relation to an infringement notice offence; or

• (b)

  affects the liability of a person to be prosecuted for an infringement notice offence if the person does not comply with an infringement notice; or

• (c)

  affects the liability of a person to be prosecuted for an infringement notice offence if an infringement notice is not served on the person in relation to the offence; or

• (d)

  affects the liability of a person to be prosecuted for an infringement notice offence if an infringement notice is served and withdrawn; or

• (e)

  limits the amount of the fine that may be imposed by a court on a person convicted of an infringement notice offence.”. 

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 April 1997.

2. 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.