Quarantine Act 1915

Legislation au C1915A00042 Not in force Act

Legislation content

QUARANTINE.

 

No. 42 of 1915.

An Act to amend the Quarantine Act 1908-1912.

[Assented to 15th November, 1915.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Quarantine Act 1915.

(2.) The Quarantine Act 1908-1912 is the Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Quarantine Act 1908-1915.

Amendment of s. 4.

2. Section four of the Principal Act is amended by inserting therein, after the word protection,, the word treatment,.

Amendment of s. 13.

3. Section thirteen of the Principal Act is amended by inserting in paragraph (i) of sub-section (1.) thereof, after the words declare that any , the word vessel,.

Amendment of s. 28.

4. Section twenty-eight of the Principal Act is amended by inserting in sub-section (1.) thereof, after the word voyage,, the words touching the sanitary condition of the vessel during the voyage”.

Amendment of s. 35a.

5. Section thirty-five a of the Principal Act is amended—

(a) by inserting, in sub-section (1.) thereof, after the words of the vessel, the words and all such other measures of quarantine;

(b) by inserting in that sub-section, after the words from the disease, the words or who have been exposed to infection from the disease may be ordered into quarantine and; and

(c) by adding at the end of the section the following sub-sections:—

(3.) No person suffering from or suspected to be suffering from a communicable (infectious) disease shall quit the vessel on which he arrives in Australia without the written permission of a quarantine officer.

Penalty: Five hundred pounds.

(4.) No person who is in charge of any person suffering from or suspected to be suffering from any communicable (infectious)


disease shall permit the person to quit the vessel upon which he arrives in Australia without the written permission of a quarantine officer.

Penalty: Five hundred pounds.

Amendment of s. 45.

6. Section forty-five of the Principal Act is amended—

(a) by omitting from sub-section (1.) thereof the words be detained on board the vessel or in a quarantine station, and inserting in their stead the following words:—

(a) be detained on board the vessel.

(b) be detained upon the premises upon which they are found, or

(c) be removed to and detained in a quarantine station, and

(b) by omitting from sub-section (3.) thereof the words permit the person to leave the ship or quarantine station and inserting in their stead the words release the person”.

Amendment of s. 73.

7. Section seventy-three of the Principal Act is amended by adding thereto the following sub-sections:—

(2.) A quarantine officer may ask any person subject to quarantine any questions concerning his personal health or liability to infection, and the person shall, to the best of his knowledge, information, and belief, truly answer the questions asked him by the quarantine officer.

Penalty: One hundred pounds.

(3.) A quarantine officer may, if he thinks fit, require a person, who has been asked questions in pursuance of this section, to verify, by statutory declaration, the answers given to the questions, and any person who refuses to comply with any such requirement shall be guilty of an offence.

Penalty: One hundred pounds.

Amendment of s. 78a.

8. Section seventy-eight a of the Principal Act is amended—

(a) by omitting the words to be taken to any prescribed place and;

(b) by omitting the words to be taken to that place and”; and

(c) by adding at the end of the section, the following sub-sections:—

(2.) A quarantine officer may, subject to the regulations, order any such vessel to be taken to an appointed place for the purpose of cleansing, fumigation, disinfection or treatment, and the master of the vessel shall cause her to be taken to that place.

Penalty: One hundred pounds.

(3.) The Minister may order any vessel in any port in Australia to be taken to any other port in Australia for the purpose of cleansing, fumigation, disinfection or treatment and the master of the vessel shall cause her to be taken to that port accordingly.

Penalty: One hundred pounds.


Amendment to s. 87.

9. Section eighty-seven of the Principal Act is amended—

(a).by adding at the end of paragraph (c) the words and for prescribing measures of quarantine within any quarantine area;

(b) by adding at the end of paragraph (e) the words or within any specified part of Australia or within any quarantine area;

(c) by omitting paragraphs (f), (g) and (h) and inserting in their stead the following paragraphs:—

(f) for prescribing the precautions to be taken to prevent the ingress to or egress from a vessel, of rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease;

(g) for prescribing the measures to be taken by the masters or owners of vessels to destroy rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease, which may exist on the vessels;

(h) for prescribing and for establishing and maintaining on vessels or within any quarantine area of conditions unfavorable to, and to the migration of, rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease, for fixing the time limit for the completion of any work necessary for the purpose of establishing such conditions, and for empowering the Minister, in case of default by the owner or master, to carry out any such work at the expense of the owner or master;;

(d) by inserting in paragraph (i), after the words from proclaimed places, the words and on voyages between Australian ports,;

(e) by inserting in paragraph (i), after the word Australia the words , or spread,;

(f) by omitting paragraph (j);

(g) by omitting from paragraph (n) the word and; and

(h) by adding at the end thereof the following paragraphs:—

(p) for prescribing the movements of any person subject to quarantine;

(q) for prescribing measures of disinfection, fumigation, and other measures of quarantine which persons or goods subject to quarantine shall carry out or be subjected to; and

(r) for prescribing the conditions under which any prophylactic or curative vaccine or serum may be prepared and offered for sale; and

(s) for prescribing penalties not exceeding One hundred pounds for breaches of the regulations.

Overview

The Quarantine Act 1915 was enacted to amend the Quarantine Act 1908-1912, addressing the need for more stringent measures in response to emerging infectious diseases. This Act was introduced to better protect Australia from the introduction and spread of communicable diseases through maritime travel. The Act was assented to by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 15th November 1915. The policy objective of this legislation was to provide enhanced powers to quarantine officers and the Minister, allowing for more effective control over the movement and treatment of persons and vessels suspected of carrying infectious diseases. The Act sought to ensure the health and safety of the Australian population by strengthening the enforcement mechanisms against the ingress of contagious diseases.

Scope and Application

The Quarantine Act 1915 applies to individuals, vessels, and their operators within the Commonwealth of Australia, providing regulations for the prevention and control of infectious diseases. It encompasses the treatment and protection of individuals and vessels potentially carrying contagious diseases, including the sanitary conditions of vessels during voyages. The Act also imposes obligations on quarantine officers to question individuals about their health and requires individuals to answer truthfully. Furthermore, it mandates the cleansing, fumigation, disinfection, and treatment of vessels, as well as the detention and movement restrictions of individuals subject to quarantine. The Act extends its application to any quarantine area within Australia, including ports, and can be enforced through subordinate regulations. Exclusions or exemptions are not explicitly stated within the provided text, but penalties are outlined for non-compliance with the Act's provisions.

Key Provisions

The Quarantine Act 1915 amends the Quarantine Act 1908-1912, introducing several key changes. Firstly, it expands the scope of the Act by adding "treatment" to the term "protection" in section 4 (subsection 2). It also includes "vessel" in the declaration authority under section 13 (subsection 3). Section 28 is amended to include the sanitary condition of a vessel during the voyage (subsection 4). Under section 35a, the Act now mandates quarantine for individuals exposed to infectious diseases and prohibits disembarkation without a quarantine officer's permission, with a penalty of five hundred pounds for non-compliance (subsection 3). It further requires those in charge of such individuals to ensure they do not disembark without permission, also subject to a five hundred pounds penalty (subsection 4). The detention provisions under section 45 have been expanded to include detention on the premises where the individual is found or in a quarantine station (subsection 6). Additionally, section 73 allows quarantine officers to ask individuals about their health and mandates truthful responses, with a penalty of one hundred pounds for non-compliance. It also allows for verification of responses by statutory declaration, with a one hundred pounds penalty for refusal. Lastly, section 78a permits quarantine officers to order vessels to specific locations for cleansing and disinfection, with the master required to comply and a one hundred pounds penalty for non-compliance (subsection 8). The Minister can also order vessels to other ports for similar purposes, with the same penalty for non-compliance. The Act further enhances the Minister’s authority to prescribe measures to prevent the spread of diseases and to regulate the disinfection and fumigation of vessels and quarantine areas.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.