Quarantine Amendment Proclamation 2003 (No. 3)

Administered by Department of Agriculture

Legislation au F2004B00001 Not in force Legislative Instrument

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Quarantine Act 1908

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make this Proclamation under section 13 of the Quarantine Act 1908.

Signed and sealed with the
Great Seal of Australia
on 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

Warren truss

Minister for Agriculture, Fisheries and Forestry

1 Name of Proclamation

This Proclamation is the Quarantine Amendment Proclamation 2003 (No. 3).

2 Commencement

This Proclamation commences on gazettal.

3 Amendment of Quarantine Proclamation 1998

Schedule 1 amends the Quarantine Proclamation 1998.

Schedule 1 Amendments

(section 3)

[1] Reader’s guide, paragraph 3.1, quoted section 4 of Quarantine Act

substitute

4 Scope of quarantine

(1) In this Act, quarantine includes, but is not limited to, measures:

(a) for, or in relation to:

(i) the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things; or

(ii) the seizure and destruction of animals, plants, or other goods or things; or

(iii) the destruction of premises comprising buildings or other structures when treatment of these premises is not practicable; 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.

(2) Without otherwise limiting the nature of any quarantine measure, or measure incidental to quarantine:

(a) by way of a direction that a person may be authorised to give; or

(b) by way of an action that a person may be authorised to take;

either as a result of a Ministerial authorisation under subsection 3(1) or as a result of an authorisation by the executive head of a national response agency under subsection 3(2), that direction or action must be no more than is reasonably appropriate and adapted:

(d) to the removal of the danger of the epidemic;

in respect of which the authorisation was given.

[2] Reader’s guide, paragraph 3.2

omit

Quarantine (Cocos Islands) Regulations.

insert

Quarantine (Cocos Islands) Regulations 1982.

[3] Reader’s guide, paragraph 8.3

omit

Cairns Airport	Animals from NZ only (see table 4 in s 11)	Yes	Yes
Horn Island Airport

insert

Cairns Airport	Animals from NZ only (see table 4 in s 11)	Yes	Yes
Coolangatta Airport
Horn Island Airport

[4] Reader’s guide, paragraph 9.1, quoted section 67 of Quarantine Act

substitute

67 Penalties for certain acts done in contravention of Act

Basic illegal importation offence

(1) A person is guilty of an offence against this subsection if:

(a) the person imports, introduces, or brings into any port or other place in Australia or the Cocos Islands any thing; and

(b) the person knows that the thing is:

(i) a disease or pest; or

(ii) a substance or article containing a disease or pest; or

(iii) an animal, plant or other goods; and

Maximum penalty: Imprisonment for 10 years.

Strict liability applies to paragraph (1)(c)

(2) For the purposes of an offence against subsection (1), strict liability applies to paragraph (1)(c).

Aggravated illegal importation offence

(3) A person is guilty of aggravated illegal importation if:

(a) the person imports, introduces, or brings into any port or other place in Australia or the Cocos Islands any thing; and

(b) the person knows that the thing is:

(i) a disease or pest; or

(ii) a substance or article containing a disease or pest; or

(iii) an animal, plant or other goods; and

(d) the person obtains, or is likely to obtain, a commercial advantage over the person’s competitors or potential competitors.

Maximum penalty:

(a) if the offender is an individual—imprisonment for 10 years or a fine of 2,000 penalty units, or both; and

(b) if the offender is a body corporate—a fine of 10,000 penalty units.

Examples of commercial advantage

(4) The following are examples of a commercial advantage as referred to in subsection (3):

(a) the avoidance of business costs associated with obtaining an import permit or meeting quarantine requirements; or

(b) the avoidance of delays necessarily involved in compliance with applicable quarantine measures.

Strict liability applies to paragraph (3)(c)

(4A) For the purposes of an offence against subsection (3), strict liability applies to paragraph (3)(c).

Illegal removal offence

(4B) A person is guilty of an offence against this subsection if:

(a) the person removes any thing:

(i) from a part of Australia to another part of Australia; or

(ii) from a part of the Cocos Islands to another part of the Cocos Islands; or

(iii) from Australia to the Cocos Islands; or

(iv) from the Cocos Islands to Australia; and

(b) the person knows that the thing is an animal, plant or other goods; and

Maximum penalty: Imprisonment for 10 years.

Strict liability applies to paragraph (4B)(c)

(4C) For the purposes of an offence against subsection (4B), strict liability applies to paragraph (4B)(c).

Non‑compliance with condition of permit granted under Proclamation

(5) A person is guilty of an offence if:

(a) the person fails to comply with a condition or restriction set out in a permit granted under a Proclamation made in accordance with subsection 13(2A); and

(b) the person is reckless as to whether or not the condition or restriction is complied with.

Maximum penalty: Imprisonment for 10 years.

Hindering compliance with Act

(6) A person is guilty of an offence if the person:

(a) does any act that hinders or prevents another person from complying with this Act; and

(b) is reckless as to whether or not the doing of that act hinders or prevents the other person from complying with this Act.

Maximum penalty: Imprisonment for 10 years.

[5] Reader’s guide, paragraph 9.1, quoted section 68 of Quarantine Act

omit

Person to whom notice may be given

(4) A notice under subsection (2) or (3) may be given:

(a) in respect of animals, plants or other goods imported as mentioned in paragraph (1)(a)—to the importer; or

(b) otherwise—to the owner, or the person in possession or control, of the animals, plants or goods.

insert

Person to whom notice may be given

(4) A notice under subsection (2) or (3) may be given:

(a) in respect of animals, plants or other goods imported or introduced into, or brought into any port or other place in, Australia or the Cocos Islands—to the importer or consignee of the goods; or

(b) otherwise—to the owner, or the person in possession or control, of the animals, plants or goods.

[6] Subsection 14 (1), note

omit

[7] Paragraph 15 (a)

omit

Rydalmere

insert

Eastern Creek

[8] Section 15, note

omit

[9] Section 20, note

omit

[10] Schedule 1, Part 2, clause 11

substitute

11 Eastern Creek (New South Wales)

The land in New South Wales in folio identifier 3/262259 at Wallgrove, City of Blacktown, Parish of Melville, County of Cumberland that is Lot 3 in deposited plan 262259

[11] Schedule 5

omit

Allium spp. (other than A. vinale)

insert

Allium spp. (other than A. vineale)

[12] Schedule 5

omit

Annona spp. (other than A. senegalensis)

insert

Annona spp. (other than A. glabra and A. senegalensis)

[13] Schedule 5

omit

Araujia hortorum

[14] Schedule 5

omit

Cleome spp. (other than C. burmanni, C. gynandra and C. rutidosperma)

Cleome gynandra

insert

Cleome spp. (other than C. burmanni and C. rutidosperma)

[15] Schedule 5

omit

Gnetokoktum africanum

insert

Gnetokokotum africanum

[16] Schedule 5

omit

Rodrigueziopsis spp.

Roella ciliata

Roeperocharis spp.

insert

Rodrigueziopsis spp.

Roella ciliata

Roeperocharis spp.

[17] Schedule 5

omit

Rubus spp. (other than R. affinis, R. apetalus, R. argutus, R. caesius, R. cuneifolius, R. longepedicella, R. niveus, R. pinnatus, R. rigidus and R. vitifolius)

insert

Rubus spp. (other than R. affinis, R. apetalus, R. argutus, R. caesius, R. cuneifolius, R. fruticosus L. agg., R. longepedicella, R. niveus, R. pinnatus, R. rigidus and R. vitifolius)

[18] Schedule 5

omit

Solanum hirtum

Solanum jasminoides

Solanum nigrum

Solanum spp. (other than S. alatum, S. cyananthum, S. dimidiatum, S. dubium, S. glaucum, S. gracile, S. grossedentum, S. tampicense, S. tuberosum, S. viarum and S. xanthocarpum)

insert

Solanum hirtum

Solanum jasminoides

Solanum nigrum

[19] Schedule 5

insert each of the following in the appropriate alphabetical position (determined on a letter-by-letter basis)

Aesculus turbinata

Agropyron junceum

Agropyron repens

Aphanes arvensis

Arrhenatherum elatis

Balsamorhiza sericea

Berberis thunbergii var. ‘Bailgreen’ (Jade Carousel)

Berberis thunbergii var. ‘Bailsel’ (Golden Carousel)

Berberis thunbergii var. ‘Tara’ (Emerald Carousel)

Berneuxia thibetica

Bukiniczia cablica

Callicarpa cathayana

Calyptridium umbellatum

Celmisia angustifolia

Celmisia incana

Chenopodium album

Colobanthus muelleri

Craspedia alpina

Deinanthe bifida

Diphylleia grayi

Douglasia montana

Dovyalis caffra

Dryas x suendermannii

Edraianthus serpyllifolius

Elmera racemosa

Entada phaseoloides

Epimedium platypetalum

Euadenia eminens

Euphorbia fulgens

Euphorbia gymnocalycioides

Euphorbia lactea

Euphorbia nicaeensis

Euphorbia rigida

Globularia repens

Haastia palvinaris

Haloragis erecta

Heracleum miminum

Hylocereus triangularis

Iliamna rivularis

Isoplexis isabelliana

Isopyrum thalictroides

Jensenobotrya lossowiana

Kalmiopsis leachiana

Leycesteria crocothyrsos

Ligularia sachalinensis

Lithophragma parviflorum

Lobelia bridgesii

Lobelia excelsa

Lobelia kalmii

Lobelia polyphylla

Lobelia valida

Lonchocarpus violaceus

Mandragora caulescens

Markhamia obtusifolia

Markhamia zanzibarica

Massularia acuminata

Melandrium elisabethae

Melicytus chathamicus

Millettia grandis

Moltkia petraea

Mondarella purpurea

Moringa hildebrandtii

Musschia wollastonii

Nebelia fragarioides

Nymania capensis

Olsynium douglasii

Omphalodes luciliae

Onosma helveticum

Osmitopsis asteriscoides

Petrocoptis glaucifolia

Phyteuma sieberi

Piper longum

Plectranthus australis

Podalyria calyptrata

Polygonum aviculare

Polygonum lapathifolium

Polygonum persicaria

Polyxena corymbosa

Pseudodracontium amomalum

Pseudodracontium fallax

Pseudodracontium lacourii

Pulsatilla rubra

Pulsatilla sukaczevii

Ranunculus buchananii

Ranunculus cortusifolius

Ranunculus pachyrrhizus

Ranunculus repens

Rhinephyllum broomii

Rhodanthemum hosmariense

Rumex obtusifolius

Ryparosa javanica

Sabatia angularis

Scandix pecten-veneris

Senecio vulgaris

Shortia uniflora

Solanum mammosum

Staehelina dubia

Stomatium pyrodorum

Syncarpia glomulifera

Talisia oliviformis

Teucridium parvifolium

Treculia africana

Trichodiadema densum

Uncarina grandidieri

Vallarsia caalthifolia

Vitaliana primuliflora

Vitex lucens

Overview

The Quarantine Amendment Proclamation 2003 (No. 3) is an amendment to the Quarantine Act 1908, introduced to address issues related to the control and prevention of the introduction, establishment or spread of diseases or pests that could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities. This Proclamation was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and commenced on gazettal. The policy objective of this amendment is to provide more comprehensive measures to control and eradicate epidemics, including stricter penalties for illegal importation, removal and non-compliance with the Act, as well as to clarify the scope of quarantine measures. The Quarantine Amendment Proclamation 2003 (No. 3) amends the Quarantine Proclamation 1998 to strengthen the enforcement of quarantine measures and provide greater penalties for violations. The key changes include the introduction of strict liability for certain offences, increased penalties for illegal importation and aggravated illegal importation, and the expansion of the definition of quarantine to encompass a broader range of measures. This amendment aims to improve Australia's ability to prevent and control the introduction and spread of pests and diseases, ultimately protecting the nation's agricultural, environmental and economic interests.

Scope and Application

The Quarantine Amendment Proclamation 2003 (No. 3) amends the Quarantine Proclamation 1998 under the authority of the Quarantine Act 1908. The proclamation applies to the Commonwealth of Australia and the Cocos Islands, targeting the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things. It also includes measures for the seizure and destruction of animals, plants, or other goods or things, and the destruction of premises when treatment is not practicable, with the objective of preventing or controlling the introduction, establishment or spread of diseases or pests that could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities. The proclamation extends to measures authorised by Ministerial direction or by the executive head of a national response agency, provided the measures are reasonably appropriate and adapted to controlling or eradicating an epidemic or removing the danger of an epidemic. The proclamation imposes penalties for illegal importation, aggravated illegal importation, illegal removal, non-compliance with conditions of a permit, and hindering compliance with the Act. Notices under the Act may be given to the importer or consignee of the goods or to the owner or person in possession or control of the animals, plants or goods. The proclamation also includes specific amendments to schedules and regulations, such as the Quarantine (Cocos Islands) Regulations 1982.

Key Provisions

The Quarantine Amendment Proclamation 2003 (No. 3) amends the Quarantine Act 1908 to update the Quarantine Proclamation 1998. This legislative instrument provides a broad definition of quarantine, which includes measures for the examination, exclusion, detention, observation, segregation, isolation, protection, treatment, regulation, seizure, and destruction of vessels, installations, human beings, animals, plants, or other goods or things (section 4(1)). These measures are intended to prevent or control the introduction, establishment, or spread of diseases or pests that could cause significant damage to human beings, animals, plants, the environment, or economic activities (section 4(1)(b)). The scope of quarantine also includes directions or actions that are reasonably appropriate and adapted to the control and eradication of an epidemic or the removal of the danger of an epidemic (section 4(2)). The amended Quarantine Proclamation 1998 imposes obligations on individuals and entities to comply with quarantine measures and permits the Minister for Agriculture, Fisheries and Forestry or the executive head of a national response agency to issue directions or take actions necessary for the control and eradication of epidemics or the removal of the danger of epidemics. These measures must be no more than reasonably appropriate and adapted to their objectives. Entities and individuals are required to adhere to the conditions and restrictions set out in permits granted under the Proclamation and to cooperate with authorities in the enforcement of quarantine measures. The amended Quarantine Proclamation 1998 also introduces several offences and penalties for breach. Individuals and entities found guilty of importing, introducing, or bringing into Australia or the Cocos Islands any disease or pest, substance or article containing a disease or pest, or animal, plant, or other goods in contravention of the Act are subject to a maximum penalty of imprisonment for 10 years (section 67(1)). Strict liability applies to the contravention of the Act (section 67(2)). Those who knowingly engage in illegal importation for commercial advantage face a higher penalty: imprisonment for 10 years, a fine of 2,000 penalty units if the offender is an individual, or a fine of 10,000 penalty units if the offender is a body corporate (section 67(3) and (4A)). Similarly, illegal removal of animals, plants, or other goods within or between Australia and the Cocos Islands is subject to a maximum penalty of imprisonment for 10 years, with strict liability applying to the contravention of the Act (section 67(4B) and (4C)). Failure to comply with conditions or restrictions set out in a permit granted under the Proclamation, if done recklessly, carries a maximum penalty of imprisonment for 10 years (section 67(5)). Additionally, hindering compliance with the Act, when done recklessly, is an offence with a maximum penalty of imprisonment for 10 years (section 67(6)).

Area of Law: Environmental Law; Animal Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Offence Provisions; Civil Penalty Provisions; Enforcement Powers; Compliance Obligations; Prohibited Conduct

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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.

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