Quarantine Amendment (Commission of Inquiry) Act 2007

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2007A00158 In force Act

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Quarantine Amendment (Commission of Inquiry) Act 2007

 

No. 158, 2007

 

 

 

 

 

An Act to amend the Quarantine Act 1908, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Quarantine Act 1908

Schedule 2—Other amendments

Archives Act 1983

Freedom of Information Act 1982

Privacy Act 1988

 

 

 

Quarantine Amendment (Commission of Inquiry) Act 2007

No. 158, 2007

 

 

 

An Act to amend the Quarantine Act 1908, and for other purposes

[Assented to 24 September 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Quarantine Amendment (Commission of Inquiry) Act 2007.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 5(1)

Insert:

Commissioner means a person appointed under section 66AY.

2  Subsection 5(1)

Insert:

Commission of inquiry means the inquiry conducted, or to be conducted, by a person appointed under section 66AY.

3  Subsection 5(1) (at the end of the definition of quarantine officer)

Add “and, to the extent that the Director of Quarantine has determined under section 66AZC that a person (or a person included in a specified class of persons) has functions and/or powers of a quarantine officer under this Act, includes such a person”.

4  Subsection 5(1)

Insert:

Royal Commission has the meaning given by the Royal Commissions Act 1902.

5  After Part VIA

Insert:

Part VIB—Commission of inquiry into equine influenza outbreak

 

66AY  Appointment of Commissioner

 (1) The Minister may, in writing, appoint a person to:

 (a) conduct a Commission of inquiry into matters specified in the instrument of appointment relating to all or any of the following:

 (i) the outbreak of equine influenza in Australia in 2007;

 (ii) quarantine requirements and practices relating to the outbreak;

 (iii) any matters incidental to the matters referred to in subparagraphs (i) and (ii); and

 (b) report to the Minister on the matters (including any recommendations relating to the matters) on or before a day specified in the instrument of appointment.

 (2) The appointment takes effect on the day of effect specified in the instrument of appointment. The day of effect must not be earlier than the day on which the instrument is made.

 (3) A copy of the instrument must be published in the Gazette.

 (4) The Commissioner’s report is not a legislative instrument.

66AZ  Hearings

 (1) The Commissioner may hold hearings for the purposes of the Commission of inquiry.

 (2) The hearings may be held at such places, whether within or outside Australia, as the Commissioner determines.

 (3) Subject to this Act, the procedure at a hearing is to be such as the Commissioner determines.

66AZA  Commissioner not bound by the rules of evidence

  The Commissioner is not bound by the rules of evidence and may inform himself or herself on any matter in such manner as he or she thinks fit.

66AZB  Quarantine officers

 (1) The Director of Quarantine may enter into an arrangement with the Commissioner to make quarantine officers available, for a period not exceeding the duration of the Commission of inquiry, to assist with the conduct of the Commission of inquiry.

 (2) In performing functions and exercising powers to the extent reasonably necessary to assist with the conduct of the Commission of inquiry, a quarantine officer made available under such an arrangement:

 (a) is subject to the directions of the Commissioner; and

 (b) despite subsection 8A(6) or 8B(6), is not subject to the directions of a Chief Quarantine Officer or Director of Quarantine.

66AZC  Conferral of quarantine powers

 (1) The Director of Quarantine may, in writing, determine that a specified person, or a person included in a specified class of persons, who is engaged by the Commonwealth to assist with the conduct of the Commission of inquiry has all the functions and powers of, or specified functions and/or powers of, a quarantine officer under this Act.

 (2) The person is taken, for the purposes of this Act, to be a quarantine officer in connection with the performance of those functions and the exercise of those powers.

 (3) In performing those functions and exercising those powers, the person:

 (a) is subject to the directions of the Commissioner; and

 (b) is not subject to the directions of a Chief Quarantine Officer or Director of Quarantine.

 (4) A determination made under subsection (1) is not a legislative instrument.

66AZD  Disclosure of personal information

  The disclosure of personal information (within the meaning of the Privacy Act 1988) by:

 (a) a quarantine officer; or

 (b) a person engaged under the Public Service Act 1999;

for the purposes of assisting with the conduct of the Commission of inquiry is taken to be authorised by law.

Note: The effect of this section includes (but is not limited to) an authorisation for the purposes of paragraph (1)(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988.

66AZE  Application of the Royal Commissions Act 1902

 (1) Subject to this section, the Royal Commissions Act 1902, other than sections 4 and 5, applies in relation to the Commission of inquiry, and to the Commissioner conducting it, as if:

 (a) the Commission of inquiry were a Royal Commission; and

 (b) the Commissioner were a member of a Royal Commission; and

 (c) that Act bound the Crown in each of its capacities.

 (2) This section does not make the Crown liable to be prosecuted for an offence.

 (3) The regulations may, for the purposes of the application of section 9 of the Royal Commissions Act 1902 in accordance with subsection (1) of this section, provide for or specify matters of the kind referred to in subsection 9(2) of that Act.

 (4) Section 9 of the Royal Commissions Act 1902, in its application in accordance with subsection (1) of this section, has effect as if those regulations were regulations made for the purposes of subsection 9(2) of that Act.

 (5) Sections 10 and 15 of the Royal Commissions Act 1902, in their application in accordance with subsection (1) of this section, have effect as if references in those sections to offences against that Act included references to such offences as apply in accordance with subsection (1) of this section.

66AZF  Application of laws relating to disclosure

  A law of the Commonwealth that relates to the disclosure of information applies in relation to disclosure of information to the Commission of inquiry in the same way that it would apply to disclosure of the information to a Royal Commission.


Schedule 2—Other amendments

 

Archives Act 1983

1  Subsection 3(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908.

2  Subsection 22(1)

Repeal the subsection, substitute:

 (1) This section applies to:

 (a) the records kept by a Royal Commission, whether the inquiry commenced or was completed before or after the commencement of this Part; and

 (b) the records kept by the Commission of inquiry.

Note: The heading to section 22 is altered by adding at the end “etc.”.

3  Subsections 22(2) and (4)

After “Royal Commission”, insert “, or by the Commission of inquiry,”.

4  Subsection 22(5)

Repeal the subsection, substitute:

 (5) For the purposes of this Act:

 (a) the Minister administering the Royal Commissions Act 1902 is taken to be the responsible Minister in relation to the records of a Royal Commission; and

 (b) the Minister administering the Quarantine Act 1908 is taken to be the responsible Minister in relation to the records of the Commission of inquiry.

Freedom of Information Act 1982

5  Subsection 4(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908.

6  Subsection 4(1) (at the end of subparagraphs (a)(i) to (iv) of the definition of prescribed authority)

Add “or”.

7  Subsection 4(1) (at the end of paragraph (a) of the definition of prescribed authority)

Add:

 ; or (vii) the Commission of inquiry;

8  Subsection 13(3)

Repeal the subsection, substitute:

 (3) Despite subsections (1) and (2):

 (a) records of a Royal Commission that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902; and

 (b) records of the Commission of inquiry that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Quarantine Act 1908.

Privacy Act 1988

9  Subsection 6(1)

Insert:

Commission of inquiry has the same meaning as it has in the Quarantine Act 1908.

10  At the end of paragraph 7(1)(a)

Add:

 (vi) the Commission of inquiry; or

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 September 2007

Senate on 18 September 2007]

(176/07)

 

Overview

The Quarantine Amendment (Commission of Inquiry) Act 2007 was enacted by the Parliament of Australia to address the need for a comprehensive inquiry into the equine influenza outbreak that occurred in Australia in 2007. The Act amends the Quarantine Act 1908 to introduce provisions that allow the Minister to appoint a Commissioner to conduct a Commission of inquiry into the outbreak, quarantine requirements, and related matters. This inquiry is intended to provide recommendations to the Minister on how to improve Australia's response to similar future outbreaks. The policy objective of the Act is to ensure that a thorough investigation is conducted to understand the causes and implications of the outbreak, and to enhance the country’s preparedness and response mechanisms for equine influenza and other similar health crises. The application of the Royal Commissions Act 1902 to the Commission of inquiry ensures that the inquiry is conducted with appropriate powers and authority, facilitating a robust and transparent investigation.

Scope and Application

The Quarantine Amendment (Commission of Inquiry) Act 2007 amends the Quarantine Act 1908 to facilitate a Commission of Inquiry into the 2007 equine influenza outbreak in Australia. This Act applies to the Minister for Agriculture, Fisheries and Forestry, who has the authority to appoint a Commissioner to conduct the inquiry into the outbreak, related quarantine requirements and practices, and any incidental matters. The Commission of Inquiry can be conducted at any location, within or outside Australia, and the Commissioner is not bound by the rules of evidence. The Director of Quarantine can enter into arrangements to make quarantine officers available to assist with the Commission of Inquiry, and may also confer quarantine powers on specified persons or classes of persons to assist with the inquiry. The Act also allows for the application of the Royal Commissions Act 1902 to the Commission of Inquiry and the application of laws relating to disclosure of information to the Commission of Inquiry. The Act extends its reach to the Commonwealth, and its application can be extended or restricted through subordinate instruments.

Key Provisions

The Quarantine Amendment (Commission of Inquiry) Act 2007 (C2007A00158) amends the Quarantine Act 1908 to facilitate the establishment and operation of a Commission of Inquiry into the 2007 outbreak of equine influenza in Australia. Section 66AY allows the Minister to appoint a Commissioner to conduct the inquiry and report on specified matters, including the outbreak, quarantine requirements, and related practices. The inquiry can be held at any location within or outside Australia, and the Commissioner is not bound by the rules of evidence (Section 66AZA). Quarantine officers can be made available to assist with the inquiry under arrangements with the Commissioner (Section 66AZB), and the Director of Quarantine can confer quarantine powers on persons assisting with the inquiry (Section 66AZC). The disclosure of personal information by quarantine officers or public servants for inquiry purposes is authorised (Section 66AZD). The Royal Commissions Act 1902 applies to the Commission of inquiry, except for sections 4 and 5, treating it as a Royal Commission (Section 66AZE). Other relevant laws, such as those pertaining to archives, freedom of information, and privacy, are also amended to include the Commission of inquiry (Schedule 2). The Act imposes several obligations on the parties involved. The Minister is responsible for appointing the Commissioner and specifying the scope and timeline of the inquiry (Section 66AY). The Commissioner must conduct the inquiry according to the determined procedures and report back to the Minister (Section 66AZ). The Director of Quarantine can arrange for quarantine officers to assist with the inquiry and confer quarantine powers on persons assisting with the inquiry (Sections 66AZB and 66AZC). All parties involved in the inquiry must ensure that any personal information disclosed is authorised by law (Section 66AZD). Additionally, the Act mandates that the records of the Commission of inquiry are to be treated in the same manner as those of a Royal Commission under various Acts, including the Archives Act 1983, the Freedom of Information Act 1982, and the Privacy Act 1988 (Schedule 2). Breaches of the provisions under this Act can lead to various consequences. While the Act does not explicitly detail specific offences, the general legal framework implies that non-compliance with the inquiry's directives or misuse of conferred powers could result in legal repercussions. For instance, unauthorised disclosure of personal information could lead to penalties under the Privacy Act 1988. Additionally, failing to comply with the regulations and directives issued under this Act might be subject to the penalties applicable under the relevant sections of the Quarantine Act 1908 or other related Acts. However, the maximum penalties for such offences are not explicitly stated in the Act itself but would be governed by the respective provisions of the Acts mentioned.

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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.