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Quarantine Act 1908
No longer in force
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Department of Agriculture
Department of Health, Disability and Ageing
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C2016C00597 C44
01 May 2016
-
15 June 2016
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Part I—Introductory
1 Short title
2 Commencement
2A Power to supersede Quarantine measures under State Acts
2B Proclamation in event of epidemic
3 Coordinated response powers
4 Scope of quarantine
5 Interpretation
5AA References to quarantine officer
5A Special Quarantine Zones
5B When person or thing is taken to have been exposed to another person or thing
5C Power or requirement to do or cause a thing to be done
5D Level of quarantine risk
5E References to aircraft and commander of an aircraft
6 Extension of Act to Cocos Islands and Christmas Island
6AB Extension of Act to Ashmore and Cartier Islands
6A Special provision regarding resources installations in the Joint Petroleum Development Area
6B Power to make, vary, suspend or revoke various instruments etc.
6C Provisions relating to conditions, restrictions or requirements
7 No appropriation
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Part II—Administration
8A Officers responsible for human quarantine
8B Officers responsible for animal and plant quarantine
9 Appointment of officers responsible for human quarantine
9AA Appointment of officers responsible for animal and plant quarantine
9A Temporary quarantine officers
10 Delegation by Minister
10A Delegation by Secretary
10B Delegation by Director of Quarantine
11 Arrangements with State and Territory Governments to aid in carrying out this Act
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Part IIA—Proposed decisions affecting the environment
11A Definitions
11B Decisions under this Act not to be regarded as actions for the purposes of the Environment Protection and Biodiversity Conservation Act
11C Requirement to seek from Environment Minister advice about proposed decision involving significant risk of environmental harm
11D Provision of advice by Environment Minister
11E Director of Quarantine to take advice into account
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Part III—General provisions
12 Declared places
12A Minister may take quarantine measures in an emergency
12B Laboratories etc.
13 Proclamation of ports of entry etc.
13A Emergency quarantine grounds
14 Exemption of certain vessels and goods
14A Exemptions pursuant to Torres Strait Treaty
15 Vessels may be directed to carry disinfecting equipment
16AA Certain resources installations to be part of Australia
16AAA Certain sea installations to be part of Australia
16AB Certain goods deemed to be imported into Australia
16AC Notice of proposed importation of goods
16AD Quarantine officer may require additional information about goods
16AE False or misleading information
16AF Manner of communicating decisions by quarantine officers
16AG Evidence of giving of notices by electronic means
16AH Vessel arriving illegally at a place other than a port
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Part IV—Quarantine of vessels, persons and goods
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Division 1A—Application
16A Part applies to animals and plants
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Division 1—Liability to quarantine
17 Vessels or installation subject to quarantine
18 Persons and goods subject to quarantine
19 Revival of Quarantine (Cocos Islands)
19AA Revival of quarantine (Christmas Island)
19A Continuance of liability to quarantine
20 Vessels to enter only first ports of entry unless permission given
20A Overseas aircraft to land only at landing places unless permission given
20AA Permission to enter place other than first port of entry
20B Prohibition of entry by air from proclaimed places
20C Aircraft landing at places other than landing places
20D Animals, plants or other goods to be landed at declared port
21 Quarantine signals on vessels and installations
22 Notification of outbreak of a disease
23 Signal
24 Unauthorised person not to board or approach vessel or installation
25 When required vessel to be brought to
25A Boarding of installations
26 Limit in port for vessels subject to quarantine
26A Vessels to be brought to mooring grounds
27A Pre-arrival and pre-departure reports by certain vessels (other than aircraft) and installations
27B Pre-arrival and pre-departure reports by certain aircraft
28 Quarantine officer may require master and medical officer of vessel or installation to answer questions
29 People not to leave, or to remove goods from, vessel or installation that is subject to quarantine
29A Animal or thing that has been exposed to an animal that has been killed or has died not to be removed from an overseas vessel or an overseas installation without permission
29B Directions about animals on vessels or installations
30 Persons prohibited from quitting vessels, installations and quarantine areas
31 Apprehension of persons liable to quarantine
32 Mooring of vessels from declared places
32A Vessel coming from declared place may be directed not to enter a port
32B Pratique in relation to certain overseas aircraft
33 Pratique in relation to other overseas vessels
33A Grant of pratique to installations
34 Quarantine surveillance
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Division 2—Performance of quarantine
35 Order to perform quarantine
35AA Medical examination for possible pulmonary tuberculosis
35A Vessel or installation having a communicable disease on board
35B Release from quarantine
35C Person ordered into quarantine may seek an independent medical assessment
35D Chief Quarantine Officer (Human Quarantine) must assess whether a person is to remain in quarantine
36 Master may be directed to take vessel or installation into quarantine
37 When vessel or installation deemed to be in quarantine
38 Particulars to be given
39 Performance of quarantine by vessel or installation
40 Vessel or installation in quarantine not to be moved without permission
41 Removal from vessel to perform quarantine
42 Power to permit vessel to proceed on voyage
44 Goods not to be removed
44A Removal from vessels or installations of goods in quarantine
44B Landed cargo in quarantine
44C Examination of goods on importation
44D Examination of imported goods
45 Performance of quarantine by persons
46 Release from quarantine
46A Approvals for the purpose of goods subject to quarantine
48 Goods ordered into quarantine
48AA Treatment and destruction of goods
48AB Treatment of things that have been exposed to animals that were subject to quarantine
48AC Diseased plant grown from another plant
48AD Packages, packing material and other waste material
48A Abandoned goods may be destroyed
49 Unlawful damage by officers
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Part V—Quarantine of animals and plants
52 Examination of animals on importation
52A Examination of animals or plants on installations
53 Examination of plants on importation
54 Examination of imported animals and plants
55A Power to order goods into quarantine
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Part VAA—Vector monitoring and control activities
55B Definitions
55C Vector monitoring and control activities (other than on private property)
55D Private property—direction to owner or controller to carry out vector monitoring and control activities
55E Private property—power of quarantine officer (human quarantine) to carry out vector monitoring and control activities with consent
55F Private property—power of quarantine officer (human quarantine) to carry out vector monitoring and control activities in emergency
55G Private property—power of quarantine officer (human quarantine) to carry out vector monitoring and control activities under warrant
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Part VA—Automated entry processing and release of imported goods
56 Automated entry processing and release of imported goods
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Part VI—Expenses
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Division 1—Interpretation
58A Interpretation
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Division 2—Expenses of quarantine
58B Prescribed health measures provided in relation to travellers
59 Liability of owner etc. for expenses of quarantine
59A Liability for costs of pilotage, treatment etc.
59B Security for carrying out responsibilities
63 Owners of vessel quarantined liable for services of medical officer
63A Provision of sustenance for animals in quarantine
63AA Additional provisions concerning agent’s liability under section 59A or 63
64 Quarantine expenses in case of animals and plants
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Division 3—Charges for the provision of prescribed health measures in relation to travellers
64A Definition of prescribed health measure
64B Traveller definitions
64C Charges for the provision of prescribed health measures in relation to travellers
64D Tariff of amounts payable for prescribed health measures
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Division 4—Recovery of expenses
65 Expenses to be a charge upon vessel
66 Recovery of expenses
66A Sale of animals, plants or goods to recover expenses
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Part VIA—Enforcement
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Division 1—General powers
66AA General powers of quarantine officers in relation to premises
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Division 2—Monitoring powers
66AB The monitoring of premises
66AC Monitoring warrants
66AD Seizures without offence-related warrant in emergency situations
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Division 3—Offence-related searches and seizures
66AE Offence-related searches and seizures
66AF Offence-related warrants
66AG The things that are authorised by a search warrant
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Division 4—Warrants granted by telephone or other electronic means
66AH Warrants may be granted by telephone or other electronic means
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Division 5—Stopping and searching vessels or vehicles
66AI Searches without warrant in emergency situations
66AJ How a quarantine officer exercises a power under section 66AI
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Division 6—General rules about premises and warrants
66AK Availability of assistance, and use of force, in executing a warrant
66AL Announcement before entry under warrants
66AM Details of warrant to be given to occupier etc.
66AN Occupier to be present during search under warrants
66AO Use of equipment to examine or process things
66AP Use of electronic equipment at premises
66AQ Compensation for damage to equipment
66AR Copies of seized things to be given
66AS Retention of things that are seized
66AT Magistrate may permit a thing to be kept
66AU Release of seized goods
66AV Quarantine officer must produce identity card
66AW Giving of consent
66AX Receipts for things seized or moved
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Part VIB—Commission of inquiry into equine influenza outbreak
66AY Appointment of Commissioner
66AZ Hearings
66AZA Commissioner not bound by the rules of evidence
66AZB Quarantine officers
66AZC Conferral of quarantine powers
66AZD Disclosure of personal information
66AZE Application of the Royal Commissions Act 1902
66AZF Application of laws relating to disclosure
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Part VII—Miscellaneous
66B Compliance agreements
67 Penalties for certain acts done in contravention of Act
67A Liability of master or owner of vessel for importation of prohibited animals
68 Effect of unlawful importation etc.
68A Destruction of certain animals
69 Seizure of animals, plants or other goods
69A Compensation for destroyed goods
70 Power to board vessels and examine things found on them
70AA Power to board installations and examine things found on them
70A Power to search goods
70B Powers of officers in relation to goods
70BA Carrying out tests on samples
70BB Officers may be assisted by animals
70C Offences in relation to goods or vessel
70CA False or misleading statements about approvals, permits, compliance agreements etc.
70D Directions relating to the movement of persons and goods subject to quarantine
70E Directions to people in a quarantine station
71 Boarding vessel or installation
72 Medical inspections and examinations
73 Quarantine officer may make inquiries at any time
74 Power to affix notices
74AA Quarantine information to be given to travellers to Australia
74BB Identity cards
74BC Power to require information after entering premises with consent or under warrant
74C Non-compliance with requirements
74D Powers relating to vessels and vehicles
74DA Master or owner of vessel or installation ordered into quarantine may be directed to help officers
74E Persons to assist officers
75 Persons may be vaccinated etc.
75A Vessels involved in certain offences
75B Animals on boats
76 Unauthorised entry on quarantine station etc.
77 Pilot wrongly conducting vessel subject to quarantine
78 Master not to allow vessel to enter port other than first port of entry if quarantinable disease or pest on board
78A Treatment of vessels and installations that are believed to be in an insanitary condition or to be likely to be carrying diseases or pests
78AA Treatment of vessel or installation subject to quarantine
78B Mooring of insanitary vessels
78C Moving an insanitary vessel
79A Exclusion of privilege against self incrimination in certain circumstances
80 Penalty for desertion
82 Protection from civil proceedings
83 Master, medical officer or agent misleading quarantine officer
84 Maliciously ordering vessel etc. into quarantine
86A Venue in summary prosecution
86B Jurisdiction of courts
86C Power to administer oaths or take declarations
86DA Evidence of analyst
86E Fees and deposits
86EA Commonwealth etc. not liable to pay fees
86F Compensation for acquisition of property
86G Application of the Criminal Code
87 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history