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Quarantine Amendment Act 1981

  • - C2004A02432
  • In force - Latest Version
Act No. 54 of 1981 as made
An Act to amend the Quarantine Act 1908
Administered by: Agriculture
Date of Assent 25 May 1981
 

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - TABLE OF PROVISIONS


QUARANTINE AMENDMENT ACT 1981
No. 54, 1981

TABLE OF PROVISIONS

Section
1. Short title, &c.
2. Proclamation in event of epidemic
3. Interpretation
4. Extension of Act to Cocos Islands
5. Temporary Quarantine Officers
6. Delegation of authority
7. Proclamation of ports of entry, &c.
8. Exemption of certain vessels and goods
9. Vessels may be ordered to carry disinfecting apparatus
10. Cleansing, &c., of vessels
11. Part applies to animals and plants
12. When vessel subject to quarantine
13. Persons and goods subject to quarantine
14. Repeal of section 19 and substitution of new sections-

19. Revival of quarantine
19A. Continuance of liability to quarantine

15. Vessels to enter certain ports
16. Prohibition of entry by air from proclaimed places
17. Mooring of vessels from proclaimed places
18. Pratique
19. Quarantine surveillance
20. Order to perform quarantine
21. Master, when so ordered, to convey vessel into quarantine
22. Particulars to be given at quarantine station
23. Performance of quarantine by vessel
24. Insertion of new sections-

44A. Removal from vessels of goods in quarantine
44B. Landed cargo in quarantine
44C. Examination of goods on importation
44D. Examination of imported goods

25. Goods may be destroyed
26. Abandoned goods may be destroyed
Section
27. Repeal of sections 52, 53, 54 and 55 and substitution of new sections-

52. Examination of animals on importation
53. Examination of plants on importation
54. Examination of imported animals and plants

28. Power to order goods into quarantine
29. Performance of quarantine
30. Liability of owner or agent for expenses of quarantine
31. Penalty for importing, &c., contrary to proclamation
32. Destruction of certain animals
33. Compensation for destroyed goods
34. Insertion of new sections-

70B. Powers of officers in relation to goods
70C. Offences in relation to goods
70D. Directions relating to the movement of persons and goods subject to
quarantine

35. Insertion of new sections-

74AA. Quarantine information to be given to travellers to Australia
74AB. Entry to premises for purposes of examinations

36. Quarantine Warrants, &c.
37. Insertion of new sections-

74D. Powers relating to vehicles
74E. Persons to assist officers

38. Insertion of new sections-

75A. Vessels involved in certain offences
75B. Animals on boats


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39. Mooring of insanitary vessels
40. Regulations
41. Additional amendments

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 1.
Short title.

QUARANTINE AMENDMENT ACT 1981
No. 54, 1981

AN ACT TO AMEND THE QUARANTINE ACT 1908

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Quarantine Amendment Act 1981.*1*

(2) The Quarantine Act 1908 *2* is in this Act referred to as the Principal Act.

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 2.
Proclamation in event of epidemic

2. Section 2B of the Principal Act is amended by adding at the end thereof the following sub-section:

"(4) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 3.
Interpretation

3. Section 5 of the Principal Act is amended-

(a) by inserting after the definition of "By authority" the following definitions:

"'Cocos Islands' means the Territory of Cocos (Keeling) Islands;

"'Cocos Islands vessel' means a vessel which does not voyage or ply to or from any place outside the Cocos Islands;";

(b) by inserting before definition of "First port of entry" the following definition:

"'Examine' includes-

(a) in relation to an animal - carry out tests on, take samples from, or carry out a vetinary procedure on, the animal;

(b) in relation to a plant - carry out tests on, take samples from, establish, cultivate, or undertake procedures for the diagnosis of a disease of, the plant; and

(c) in relation to any other goods - carry out tests on, or take samples from, the goods;";

(c) by inserting after the definition of "First port of entry" the following definition:

"'First Cocos Islands port of entry', in relation to a vessel, means a first port of entry in the Cocos Islands for that vessel;";

(d) by inserting after the definition of "Goods" the following definition:

"'Imported', in relation to an animal, a plant or other goods, means imported into Australia or into the Cocos Islands;";

(e) by omitting the definition of "Oversea vessel" and substituting the following definition:

"'Oversea vessel' means any vessel other than -

(a) an Australian vessel; or

(b) a Cocos Islands vessel;";

(f) by omitting the definition of "Pratique" and substituting the following definition:

"'Pratique', in relation to a vessel, means pratique granted by a quarantine officer since the last arrival of the vessel from -

(a) in the case of a vessel in, or about to arrive in, Australiaplaces outside Australia; or

(b) in the case of a vessel in, or about to arrive in, the Cocos Islands
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- places outside the Cocos Islands,

and having effect at the port where the vessel is for the time being or is about to arrive;";

(g) by inserting "or the Cocos Islands" after "Commonwealth" in the definition of "Quarantine area"; and

(h) by adding at the end thereof the following sub-section:

"(2) Where 2 or more persons are, or behave as if they are, in charge of a vessel, each of those persons shall, for the purposes of this Act, be taken to be in charge, and to be the master, of the vessel, but, where a notice or other document is required by this Act to be served on the master of the vessel, it is sufficient compliance with that requirement if the document is served on one of those persons.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 4.

4. After section 5 of the Principal Act the following section is inserted:
Extension of Act to Cocos Islands
"6. This Act extends to the Cocos Islands.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 5.
Temporary Quarantine Officers

5. Section 9A of the Principal Act is amended by adding at the end thereof the following sub-section:

"(4) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 6.
Delegation of authority

6. Section 10 of the Principal Act is amended by inserting", Territory" after "State" (wherever occurring).

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 7.
Proclamation of ports of entry, &c.

7. (1) Section 13 of the Principal Act is amended -

(a) by inserting after paragraph (1) (a) the following paragraph:

"(aaa) declare any ports in the Cocos Islands to be first Cocos Islands ports of entry for oversea vessels;";

(b) by inserting in paragraphs (1) (aa) and (b) "or the Cocos Islands" after "Australia";

(c) by inserting in paragraph (1) (d) ",or prohibit the introduction into the Cocos Islands," after "Australia";

(d) by inserting in paragraphs (1) (e) and (f)", or prohibit the importation into the Cocos Islands," after "Australia";

(e) by inserting in paragraph (1) (fa) "or the Cocos Islands" after "Australia";

(f) by adding at the end of paragraph (1) (g) "or from any part of the Cocos Islands to any other part of the Cocos Islands";

(g) by inserting in paragraphs (1) (h) and (i) "or of the Cocos Islands" after "the Commonwealth";

(h) by inserting after sub-section (1A) the following sub-section:

"(1B) The power to declare first Cocos Islands port of entry shall extend to authorize the declaration of a port to be a first Cocos Islands port of entry for all oversea vessels, or for oversea vessels from any particular place, or for any class of oversea vessels."; and

(j) by inserting in sub-section (3) "in relation to the Commonwealth" after "exercised".

(2) The amendments of section 13 of the Principal Act made by sub-section (1) do not affect any proclamations under that section that were in force immediately before the commencement of this Act.

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 8.
Exemption of certain vessels and goods

8. Section 14 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

"(b) any vessels trading exclusively -

(i) between Australian ports;

(ii) between ports in the Cocos Islands;

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(iii) between Australia and New Zealand;

(iv) between Australia and Fiji;

(v) between Australia and the Cocos Islands; or

(vi) between Australia and another place adjacent to Australia;".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 9.
Vessels may be ordered to carry disinfecting apparatus

9. Section 15 of the Principal Act is amended by adding at the end thereof the following sub-section:

"(2) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 10.
Cleansing, &c., of vessels

10. Section 16 of the Principal Act is amended -

(a) by inserting "or Cocos Islands vessel" after "Australian vessel"; and

(b) by adding at the end thereof the following sub-section:

"(2) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 11.

11. (1) Before Division 1 of Part IV of the Principal Act the following Division is inserted:

"Division 1A - Application
Part applies to animals and plants
"16A. Notwithstanding Part V, this Part applies in relation to animals and plants as well as in relation to other goods.".

(2) Nothing in section 16A of the Principal Act as amended by this Act shall be taken as implying that, before the commencement of that section, Part IV of the Principal Act did not apply in relation to animals or plants.

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 12.
When vessel subject to quarantine

12. Section 17 of the Principal Act is amended by inserting in paragraph (b) ", a Cocos Islands vessel" after "Australian vessel".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 13.
Persons and goods subject to quarantine

13. Section 18 of the Principal Act is amended -

(a) by omitting from paragraph (1) (a) "since her arrival in Australia" and substituting:

"since -

(i) in the case of a vessel that has arrived in Australia from a place outside Australia - her arrival in Australia; or

(ii) in the case of a vessel that has arrived in the Cocos Islands from a place outside the Cocos Islands - her arrival in the Cocos Islands";

(b) by inserting after paragraph (1) (a) the following paragraph:

"(aa) Every person who is on board an Australian vessel, or a Cocos Islands vessel, subject to quarantine, or who has been on board the vessel since her arrival at the port (if any) at which she is subject to quarantine;";

(c) by omitting from paragraph (1) (d) "fourteen" and substituting "21"; and

(d) by omitting paragraph (2) (a) and substituting the following paragraphs:

"(a) All goods which are on board an oversea vessel, or which have been on board the vessel since -

(i) in the case of a vessel that has arrived in Australia from a place outside Australia - her arrival in Australia; or

(ii) in the case of a vessel that has arrived in the Cocos Islands from a place outside the Cocos Islands - her arrival in the Cocos Islands;

"(aa) All goods which are on board an Australian vessel, or a Cocos Islands vessel, subject to quarantine, or which have been on board the vessel since her arrival at the port (if any) at which she is subject to
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quarantine;".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 14.

14. Section 19 of the Principal Act is repealed and the following sections are substituted:
Revival of quarantine
"19. (1) Where a vessel that ceased to be subject to quarantine when in, or about to arrive in, the Cocos Islands is about to arrive in Australia, the vessel again becomes subject to quarantine.

"(2) Where a person who ceased to be subject to quarantine when in, or about to arrive in, the Cocos Islands is about to arrive in Australia, the person again becomes subject to quarantine.

"(3) Where goods that ceased to be subject to quarantine when in, or about to arrive in, the Cocos Islands are about to arrive in Australia, the goods again become subject to quarantine.

"(4) Where a vessel that ceased to be subject to quarantine when in, or about to arrive in, Australia is about to arrive in the Cocos Islands, the vessel again becomes subject to quarantine.

"(5) Where a person who ceased to be subject to quarantine when in, or about to arrive in, Australia is about to arrive in the Cocos Islands, the person again becomes subject to quarantine.

"(6) Where goods that ceased to be subject to quarantine when in, or about to arrive in, Australia are about to arrive in the Cocos Islands, the goods again become subject to quarantine.".
Continuance of liability to quarantine
"19A. (1) Subject to this section, persons who, or vessels or goods that, become subject to quarantine continue to be so subject until they are released from quarantine.

"(2) Where pratique is granted to a vessel, the vessel ceases to be subject to quarantine in the port in which the pratique has effect, but -

(a) if the pratique has effect only for a particular period, the vessel ceases to be subject to quarantine for that period only; and

(b) the obligation to comply with measures of quarantine to which the pratique does not relate (if any) is not affected by the vessel ceasing to be subject to quarantine.

"(3) Where pratique is granted to a vessel, persons on the vessel cease to be subject to quarantine.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 15.
Vessels to enter certain ports

15. Section 20 of the Principal Act is amended -

(a) by inserting "or the Cocos Islands" after "Australia";

(b) by inserting "or a first Cocos Islands port of entry, as the case may be" after "entry"; and

(c) by adding at the end thereof the following sub-section:

"(2) The master of an oversea vessel arriving in Australia or the Cocos Islands shall not, except by reason of stress of weather or for other reasonable cause, cause or permit the vessel to be -

(a) beached in Australia or the Cocos Islands, as the case may be; or

(b) moored, anchored or otherwise secured in waters on the landward side of the low-water mark around the shore of the continent, or an island, forming part of Australia or of an island forming part of the Cocos Islands, as the case may be,
otherwise than at a port.

Penalty: $5,000 or imprisonment for 2 years.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 16.
Prohibition of entry by air from proclaimed places

16. (1) Section 20B of the Principal Act is amended -

(a) by inserting in sub-section (1) "or the Cocos Islands" after "Australia" (first occurring);

(b) by inserting in sub-section (1) "or the Cocos Islands, as the case may be" after "Australia" (second occurring);

(c) by adding at the end of sub-section (1) "in respect of Australia or in
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respect of the Cocos Islands, as the case may be";

(d) by inserting in sub-section (2) "or the Cocos Islands" after "Australia";

(e) by omitting from sub-section (2) "specified in a proclamation under the last preceding sub-section" and substituting "declared under sub-section (1) to be a place in relation to which this section shall apply in respect of Australia or in respect of the Cocos Islands, as the case may be,";


(f) by inserting in sub-section (3) "or the Cocos Islands" after "Australia" (first occurring);

(g) by inserting in sub-section (3) "or the Cocos Islands, as the case may be," after "Australia" (second occurring);

(h) by inserting in sub-section (3) "or the Cocos Islands" after "Australia" (last occurring);

(j) by inserting in sub-sections (4) and (5) "or the Cocos Islands" after "Australia" (wherever occurring); and

(k) by omitting sub-section (6) and substituting the following sub-section:

"(6) For the purposes of this section and of any proclamation under this section, a person shall be deemed to enter Australia or the Cocos Islands from a place outside Australia or the Cocos Islands, as the case may be, if he has been in that place within 21 days before his arrival in Australia or the Cocos Islands, as the case may be.".

(2) If any proclamation under section 20B of the Principal Act was in force immediately before the commencement of this Act, the proclamation shall continue to have effect after the commencement of this Act until revoked as if it had been made under section 20B of the Principal Act as amended by this Act and had declared the place specified in it to be a place in relation to which that section as so amended shall apply in respect of Australia.

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 17.
Mooring of vessels from proclaimed places

17. Section 32 of the Principal Act is amended by omitting from sub-section (1) "not having a certificate of pratique" and substituting "which has not been granted pratique having effect in that port".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 18.

18. Section 33 of the Principal Act is repealed and the following section substituted:
Pratique

"33. (1) Subject to sub-section (2), where a quarantine officer is satisfied that an overseas vessel at, or about to arrive at, a port in relation to which the vessel has not been granted pratique is free from infection, the quarantine officer shall grant the vessel pratique having effect in that port and such other ports as he considers appropriate.

"(2) A quarantine officer may refuse to grant a vessel pratique if the quarantine officer has reasonable grounds to believe that section 75A applies to the vessel.

"(3) Pratique shall be granted to a vessel by giving the master of the vessel a certificate of pratique in the prescribed form or by giving the master particulars of the pratique by radio message or otherwise, but, where pratique is granted otherwise than by the giving of a certificate of pratique, a quarantine officer shall give the master a certificate of pratique in the prescribed form as soon as practicable after the vessel arrives at the port in which the pratique has effect or, if the pratique has effect in more than one port, at the first of those ports at which the vessel arrives.

"(4) Pratique may be pratique having effect in -

(a) all ports in Australia other than landing places;

(b) all landing places in Australia;

(c) all ports in a State, or part of Australia, specified by the quarantine officer granting the pratique, other than landing places;

(d) all landing places in a State, or part of Australia, specified by the quarantine officer granting the pratique;

(e) all ports in the Cocos Islands, other than landing places;

(f) all landing places in the Cocos Islands; or

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(g) a port, or ports, specified by the quarantine officer granting the pratique.

"(5) Pratique may be pratique having effect for a period specified by the quarantine officer granting it.

"(6) Pratique may relate to all measures of quarantine or to measures of quarantine specified by the quarantine officer granting the pratique.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 19.
Quarantine surveillance

19. Section 34 of the Principal Act is amended by omitting paragraph (1) (a) and substituting the following paragraph:

"(a) refrain from granting pratique;".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 20.
Order to perform quarantine

20. Section 35 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

"(1AA) A quarantine officer may, by order in writing, order into quarantine any goods (whether subject to quarantine or not) in the Cocos Islands that, in his opinion, are, or are likely to be, infected with, or a source of infection with, a disease affecting animals or plants.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 21.
Master, when so ordered, to convey vessel into quarantine

21. Section 36 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

"(1A) Sub-section (1) has effect in relation to a vessel in the Cocos Islands as if the reference in that sub-section to a quarantine station included a reference to a place in the Cocos Islands.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 22.
Particulars to be given at quarantine station

22. Section 38 of the Principal Act is amended by adding at the end thereof the following sub-section:

"(2) Sub-section (1) has effect, in relation to a vessel in the Cocos Islands, as if -

(a) the reference in that sub-section to the appointed quarantine station included a reference to the appointed place in the Cocos Islands; and

(b) the reference in that sub-section to the officer in charge of the quarantine station included a reference to a quarantine officer in the Cocos Islands.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 23.
Performance of quarantine by vessel

23. Section 39 of the Principal Act is amended by adding at the end thereof the following sub-section:

"(2) Sub-section (1) has effect, in relation to a vessel in the Cocos Islands, as if the reference in that sub-section to the appointed quarantine station included a reference to the appointed place in the Cocos Islands.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 24.

24. After section 44 of the Principal Act the following sections are inserted:
Removal from vessels of goods in quarantine

"44A. (1) In this section, 'prescribed vessel' means a vessel that is not subject to quarantine.

"(2) Except with the permission of a quarantine officer or in compliance with this Act or the Regulations, a person shall not remove from a prescribed vessel any goods on the vessel that are subject to quarantine unless they form part of the cargo of the vessel that is to be landed in the country, being Australia or the Cocos Islands, where the vessel is.

"(3) Except with the permission of a quarantine officer or in compliance with this Act or the Regulations, the master of a prescribed vessel shall not permit to be removed from the vessel any goods on the vessel that are subject to quarantine unless they form part of the cargo of the vessel that is to be landed in the country, being Australia or the Cocos Islands, where the vessel is.

"(4) If a quarantine officer so directs, a person shall not land from a prescribed vessel any goods on the vessel that are subject to quarantine and form part of the cargo of the vessel that is to be landed in the country, being Australia or the Cocos Islands, where the vessel is.


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"(5) Except with the permission of a quarantine officer, where a person lands from a prescribed vessel any goods that are subject to quarantine and form part of the cargo of the vessel, he shall not land them at a place other than a part of the precincts of a wharf or airport that is a part approved for the purposes of this sub-section by a Chief Quarantine Officer.

Penalty: $10,000 or imprisonment for 5 years.
Landed cargo in quarantine

"44B. (1) Subject to sub-section (2), where goods that are subject to quarantine and formed part of the cargo of a vessel are landed in Australia or the Cocos Islands, a person shall not, except with the permission of a quarantine officer or for the purpose of taking the goods to a place approved for the purposes of this sub-section by a Chief Quarantine Officer -

(a) move the goods from the part of the precincts of the wharf or airport where the goods were landed;

(b) move the goods from any place to which they have been moved with the consent of a quarantine officer;

(c) move the goods from a place approved for the purposes of this sub-section by a Chief Quarantine Officer; or

(d) deal with, or interfere with, the goods, until they cease to be subject to quarantine.

Penalty: $10,000 or imprisonment for 5 years.

"(2) Nothing in sub-section (1) prevents a person transmitting, in accordance with conditions specified by a quarantine officer, goods referred to in that sub-section from the part of the precincts of the wharf or airport where the goods were landed in Australia or the Cocos Islands to a port at which the goods are permitted to enter Australia or the Cocos Islands, as the case may be.
Examination of goods on importation

"44C. (1) A quarantine officer or an authorized person may examine any imported goods that have not been released from quarantine.

"(2) Subject to the regulations, where a quarantine officer is satisfied that goods imported into Australia or the Cocos Islands may be delivered to the importer of the goods without the risk of bringing a disease affecting persons, animals or plants into Australia or the Cocos Islands, as the case may be, he may release the goods from quarantine and permit the goods to be delivered to the importer of the goods.

"(3) Where a quarantine officer does not release goods from quarantine the officer shall order the goods into quarantine.

"(4) Permission under this section for goods to be delivered to the importer of the goods is subject to the condition that authority for the goods to be so delivered is given under the Customs Act 1901, and, for the purposes of this Act, the permission shall be deemed not to have been given unless and until that authority has been given.

"(5) In this section, 'goods' does not include an animal within the meaning of section 52 or a plant.
Examination of imported goods

"44D. (1) A quarantine officer or an authorized person may examine any imported goods that have been released from quarantine.

"(2) If, after the examination of goods under sub-section (1), a quarantine officer is of the opinion that there is a danger of the goods spreading a disease affecting persons, animals or plants, the officer may order the goods into quarantine.

"(3) In this section, 'goods' does not include an animal within the meaning of section 52 or a plant.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 25.
Goods may be destroyed

25. Section 48 of the Principal Act is amended -

(a) by omitting from sub-section (1) "shall" and substituting "under this Act may"; and
(b) by inserting in sub-section (2) "under this Act" after "ordered into quarantine".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 26.

26. After section 48 of the Principal Act the following section is
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inserted:
Abandoned goods may be destroyed
"48A. (1) If the owner of goods that are performing quarantine notifies a Chief Quarantine Officer in writing that he does not wish to take possession of them, the goods are forfeited to the Commonwealth and may be destroyed or otherwise disposed of.

"(2) Where -

(a) a quarantine officer has notified the owner of goods ordered into quarantine that the goods may be released from quarantine and collected by the owner; and

(b) the owner has failed to collect the goods within 30 days after the date on which the notification was given,
the goods are forfeited to the Commonwealth and may be destroyed or otherwise disposed of.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 27.

27. Sections 52, 53, 54 and 55 of the Principal Act are repealed and the following sections substituted:
Examination of animals on importation
"52. (1) A quarantine officer prescribed for the purpose, or a person authorized by such an officer to do so, may examine an imported animal that has not been released from quarantine.

"(2) Subject to the regulations, where a quarantine officer is of the opinion that there is no reason to suspect that an animal -

(a) imported into Australia; or

(b) imported into the Cocos Islands otherwise than for the purpose of performing quarantine before being imported into Australia,
that has not been released from quarantine is suffering from any disease or is a source of infection of a disease, the quarantine officer may permit the animal to be delivered to the importer of the animal.

"(3) Where, under sub-section (2), a quarantine officer permits an animal to be delivered to the importer of the animal, the officer may release the animal from quarantine or release the animal under quarantine surveillance.

"(4) Where a quarantine officer does not permit an imported animal to be delivered to the importer of the animal under sub-section (2), the officer shall order the animal into quarantine.

"(5) Permission under this section for an animal to be delivered to the importer of the animal is subject to the condition that authority for the animal to be so delivered is given under the Customs Act 1901, and, for the purposes of this Act, except sub-sections (3) and (4), the permission shall be deemed not to have been given unless and until that authority has been given.

"(6) In this section -

'animal' means -

(a) a live animal; or

(b) viable animal material,
and includes the ovum, semen and embryo of an animal but does not include any other biological product;

'biological product' means goods that are, are produced from, or the production of which involves the use of, organisms or the tissue or body fluids of organisms, and includes vaccines and toxoids.
Examination of plants on importation
"53. (1) A quarantine officer or an authorized person may examine any imported plant that has not been released from quarantine.

"(2) Subject to the regulations, where a quarantine officer is satisfied that a plant imported into Australia or the Cocos Islands may be delivered to the importer of the plant without the danger of bringing a disease into Australia or the Cocos Islands, as the case may be, he may release the plant from quarantine and permit the plant to be delivered to the importer of the plant.

"(3) Where a quarantine officer does not release an imported plant from quarantine, the officer shall order the plant into quarantine.

"(4) Permission under this section for a plant to be delivered to the importer of the plant is subject to the condition that authority for the plant to be so delivered is given under the Customs Act 1901, and, for the purposes
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of this Act, the permission shall be deemed not to have been given unless and until that authority has been given.
Examination of imported animals and plants
"54. (1) A quarantine officer or an authorized person may examine an imported animal or plant that has been released from quarantine.

"(2) If, after the examination of animal under sub-section (1), a quarantine officer is of the opinion that the animal is suffering from a disease or is a source of infection of a disease, the officer may order the animal into quarantine.

"(3) Where, after the examination of a plant under sub-section (1), a quarantine officer is of the opinion that there is danger of the plant spreading a disease, the officer may order the plant into quarantine.

"(4) In this section, 'animal' has the same meaning as in section 52.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 28.
Power to order goods into quarantine

28. Section 55A of the Principal Act is amended -

(a) by omitting paragraph (2) (a) and substituting the following paragraphs:

"(a) imported animals and plants, whether subject to quarantine or otherwise;

"(aa) other imported goods, whether subject to quarantine or otherwise; and"; and

(b) by inserting in sub-paragraph (2) (b) (ii) "or a Cocos Islands vessel" after "Australian vessel".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 29.
Performance of quarantine

29. Section 56 of the Principal Act is amended by omitting "All" and substituting "Without limiting section 48, all".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 30.
Liability of owner or agent for expenses of quarantine

30. Section 59 of the Principal Act is amended by omitting from sub-section (2) all the words after "any vessel" and before "the expenses" and substituting the following words and paragraphs:

"trading exclusively -

(a) between Australian ports;

(b) between ports in the Cocos Islands;

(c) between Australia and New Zealand;

(d) between Australia and Fiji;

(e) between Australia and the Cocos Islands; or

(f) between Australia and another place adjacent to Australia,".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 31.
Penalty for importing, &c., contrary to proclamation

31. Section 67 of the Principal Act is amended -

(a) by inserting in sub-section (1) ", the regulations" after "Act" (first occurring); and

(b) by inserting in sub-section (1A)", or from a part of the Cocos Islands to another part of the Cocos Islands," after "Commonwealth" (second occurring).

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 32.
Destruction of certain animals

32. Section 68A of the Principal Act is amended -

(a) by inserting "or the Cocos Islands" after "Australia" (first occurring); and

(b) by inserting "or the Cocos Islands, as the case may be" after "Australia" (last occurring).

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 33.
Compensation for destroyed goods

33. Section 69A of the Principal Act is amended -

(a) by inserting in paragraphs (2) (a) and (b) " or the Cocos Islands" after "Australia";


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(b) by omitting from paragraph (2)(b) "an animal" and substituting "a prescribed animal";

(c) by inserting in sub-section (4) and paragraphs (9)(c) and (13)(b) "or the Cocos Islands" after "Australia" (wherever occurring); and

(d) by adding at the end thereof the following sub-section:

"(15) In this section, 'prescribed animal' means an animal other than any of the following, that is to say -

(a) a horse, an ass, a mule or a pig;

(b) a ruminant;

(c) an animal imported for the purposes of a zoo or circus; or

(d) an animal imported by an organization engaged in scientific research for the purposes of that research.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 34.

34. After section 70A of the Principal Act the following sections are inserted :
Powers of officers in relation to goods

"70B. (1) In this section, 'prescribed goods' means goods that -

(a) are, or have been, subject to quarantine; or

(b) a quarantine officer believes, on reasonable grounds, are, or have been, subject to quarantine.

"(2) A quarantine officer may ask a person who the officer believes on reasonable grounds has information in respect of prescribed goods any question in respect of the goods relating to matters within the functions, duties or powers of the officer.

"(3) A quarantine officer may require a person who the officer believes on reasonable grounds has the custody or control of documents or other records in respect of prescribed goods relating to matters within the functions, duties or powers of the officer to produce to the officer such of those documents or other records as are specified by the officer.

"(4) A quarantine officer may require a person who the officer believes on reasonable grounds is the owner, or the agent of the owner, of prescribed goods or of goods that have been, or that the quarantine officer suspects, or believes on reasonable grounds, have been, in contact with prescribed goods, to deliver to the officer samples of such of those goods owned by him or by his principal as are specified by the officer.

"(5) A quarantine officer may make copies of, or take extracts from, any documents or other records produced in pursuance of sub-section (3) and, for the purpose of making a copy of, or taking an extract from, a document or other record, may remove the document or other record from the place at which it was produced.

"(6) A quarantine officer may carry out tests, or cause test to be carried out, on any samples delivered in pursuance of sub-section (4), including tests that result in the destruction, or reduce the value, of the samples or of a package or goods associated with the samples.
Offences in relation to goods
"70C. (1) A person shall not, without reasonable excuse, refuse or fail to -

(a) answer a question put to him in pursuance of sub-section 70B (2);

(b) produce a document or other record when so required in pursuance of sub-section 70B (3); or

(c) deliver a sample when so required in pursuance of sub-section 70B (4).

Penalty: $2,000.

"(2) A person shall not -

(a) in answer to a question put to him in pursuance of sub-section 70B (2) or otherwise, make a statement to a quarantine officer in respect of goods that is false or misleading in a material particular;

(b) attempt to avoid any inspection, treatment or other action for the purposes of this Act by concealing or attempting to conceal from a quarantine
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officer the nature of any goods or any other fact or matter;

(c) induce or advise a person to conceal or attempt to conceal from a quarantine officer the nature of any goods or any other fact or matter the revelation of which could result in inspection, treatment or other action for the purposes of this Act; or

(d) have in his possession, or convey, goods imported or otherwise brought into Australia or the Cocos Islands in contravention of this Act.

Penalty: $5,000 or imprisonment for 2 years.
Directions relating to the movement of persons and goods subject to quarantine
"70D. (1) A quarantine officer may give to a person who is subject to quarantine -

(a) a direction to remain at a particular place;

(b) a direction to go to a place specified by the quarantine officer; or

(c) any other directions relating to the movement of the person from a place to another place.

"(2) A quarantine officer may give to a person who is in control of goods that are subject to quarantine -

(a) a direction to leave the goods at a particular place;

(b) a direction to move the goods to a place specified by the quarantine officer; or

(c) any other directions relating to the movement of the goods.

"(3) A person shall not, without reasonable excuse, fail to comply with a direction given to him under sub-section (1) or (2).

Penalty: $2,000 or imprisonment for one year.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 35.

35. After section 74 of the Principal Act the following sections are inserted:
Quarantine information to be given to travellers to Australia
"74AA. Where a vessel leaves a place outside Australia to travel to a port in Australia without stopping at any other place outside Australia, the master of the vessel shall give notice, or cause notice to be given, to all persons travelling on the vessel (including members of the crew) of the quarantine measures required under the laws of the Commonwealth, being notice the content and form of which have been approved by the Director of Quarantine.

Penalty: $2,000.
Entry to premises for purposes of examinations
"74AB. (1) A quarantine officer may, with the consent of the occupier of any premises, enter the premises for the purpose of the examination of goods in pursuance of a prescribed provision of this Act.

"(2) Where a quarantine officer believes on reasonable grounds that there are on premises any goods that should be examined in pursuance of a prescribed provision of this Act, the quarantine officer may make an application to a Justice of the Peace for a warrant authorizing the quarantine officer to enter the premises for the purpose of the examination.

"(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation -

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any goods that should be examined in pursuance of a prescribed provision of this Act; and

(b) that the issue of the warrant is reasonably required for the purposes of the examination,
the Justice of the Peace shall grant a warrant authorizing the quarantine officer, with such assistance as the quarantine officer thinks necessary, to enter the premises during such hours of the day or night as the warrant specifies, or, if the warrant so specifies, at any time, if necessary by force, for the purpose of carrying out the examination.

"(4) The right of a quarantine officer to enter premises under sub-section (1), or by virtue of a warrant granted under sub-section (3), for the purpose of the examination of goods includes the right -

(a) where the examination is to be made by a person other than the
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quarantine officer, to enter the premises accompanied by that other person; and

(b) to search the premises for the goods to be examined and, for that purpose, to break open or unpack and search any receptacle, whether a fixture or not, on the premises.

"(5) In this section -

'premises' includes -

(a) an area of land that is not associated with any building;

(b) a vessel; and

(c) a vehicle;

'prescribed provision of this Act' means section 44C, 44D, 52, 53, 54 or 55A.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 36.
Quarantine Warrants, &c.

36. Section 74A of the Principal Act is amended -

(a) by inserting in sub-paragraphs (9) (d) (i) and (ii) "or the Cocos Islands" after "Australia";

(b) by omitting from sub-paragraph (9) (d) (ii) "or" (last occurring); and

(c) by inserting after sub-paragraph (9) (d) (iii) the following word and sub-paragraph:

"or (iv) removed from a part of the Cocos Islands to another part of the Cocos Islands".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 37.

37. After section 74C of the Principal Act the following sections are inserted:
Powers relating to vehicles
"74D. (1) Where a quarantine officer believes on reasonable grounds that a vehicle is carrying, or will carry, infected goods or goods subject to quarantine in a manner that could result in the spread of disease, the officer may give the person in control of the vehicle directions to take measures in respect of the vehicle or the goods that the quarantine officer considers necessary to prevent the spread of disease, including -

(a) directions for the performance of work on the vehicle; or

(b) directions for the carrying out of disinfection or other treatment of the vehicle or goods,
and for the purpose of giving such directions may stop or detain the vehicle.

"(2) A person shall not, without reasonable excuse, fail to comply with a direction given to him under sub-section (1).

Penalty: $2,000 or imprisonment for one year.

"(3) In this section, 'infected goods' has the same meaning as in section 74A.
Persons to assist officers
"74E. (1) A person in control of imported goods shall, if requested by a quarantine officer to do so, provide reasonable assistance to the officer in the performance of the functions, the carrying out of the duties, or the exercise of the powers, of the officer under this Act in relation to those goods.

Penalty: $2,000.

"(2) A reference in sub-section (1) to a person in control of imported goods shall be read as including a reference to -

(a) the owner of the goods;

(b) the person who imported the goods; and

(c) an agent of a person referred to in paragraph (a) or (b).".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 38.

38. After section 75 of the Principal Act the following sections are inserted:
Vessels involved in certain offences
"75A. (1) In this section, unless the contrary intention appears -


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'approved person' means -

(a) a quarantine officer;

(b) an officer of Customs;

(c) a member or a special member of the Australian Federal Police;

(d) a member of the Police Force of a State or Territory; or

(e) a person (who may be a member of the Defence Force) authorized in writing by the Minister or a quarantine officer to be an approved person for the purposes of this section;

'officer of Customs' has the same meaning as it has in the Customs Act 1901;

'prescribed vessel' means -

(a) a vessel used in navigation by sea the maximum overall length of the hull proper of which is 45 metres or less; or

(b) a vessel used in navigation by air.

"(2) This section applies to -

(a) a prescribed vessel in relation to which her master has committed an offence against section 20;

(b) a prescribed vessel, being a vessel used in navigation by air, in relation to which her master has committed an offence against section 20A;

(c) a prescribed vessel in relation to which her master has committed an offence against section 29, other than at the first port of entry, or the first Cocos Islands port of entry, of the vessel;

(d) a prescribed vessel in relation to which her master has committed an offence against section 30, other than at the first port of entry, or the first Cocos Islands port of entry, of the vessel;

(e) a prescribed vessel from which a person has landed animals or plants in contravention of section 50, other than at the first port of entry, or the first Cocos Islands port of entry, of the vessel;

(f) a prescribed vessel in relation to which a person has committed an offence against section 67, other than at the first port of entry, or the first Cocos Islands port of entry of the vessel; and

(g) a prescribed vessel in relation to which her master or owner has committed an offence against section 67A, other than at the first port of entry, or the first Cocos Islands port of entry, of the vessel.

"(3) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may board the vessel.

"(4) Where an approved person has reasonable grounds to believe that this section applies to a vessel, that person may -

(a) detain the vessel, or cause the vessel to be detained, at the place where a vessel is found; or

(b) bring the vessel, or cause the vessel to be brought, to such other place or such other places as -

(i) where the approved person is a quarantine officer - the approved person; or
(ii) in any other case - a quarantine officer,
from time to time deems appropriate and detain the vessel or cause the vessel to be detained at that place or at those places.

"(5) For the purposes of the detention and other lawful dealings with a vessel, a person authorized under this section to detain the vessel is entitled to take with him, and to have the assistance of, any members of the Defence Force or other persons that he may think necessary.

"(6) A person (other than an approved person or a person assisting an approved person under sub-section (5)) who moves, or participates in the moving of, a vessel from the place at which she is detained under sub-section (4), except with the permission, in writing, of an approved person, is guilty of an offence and is punishable, upon conviction, by a fine not exceeding
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$10,000 or imprisonment for a period not exceeding 5 years.

"(7) Where an approved person detains a vessel under sub-section (4), that person shall, as soon as practicable, give the Minister particulars of the detention.

"(8) Where a vessel has been detained under sub-section (4), the Minister shall, as soon as practicable after being given particulars of the detention, direct the person detaining the vessel -

(a) if the Minister is not satisfied that this section applies to the vessel - to deliver the vessel to the master or owner of the vessel;

(b) if the Minister is satisfied that this section applies to the vessel but, after considering the offence or offences by reason of the commission of which the section would so apply and any other relevant matters, is satisfied that it would be inappropriate for the vessel to be forfeited under this section - to deliver the vessel to the master or owner of the vessel as soon as all things required to be done in relation to the vessel for the purposes of this Act have been done; or

(c) in any other case - to continue to detain the vessel and to serve on the master or owner of the vessel, either personally or by post, a notice in writing -

(i) stating that the vessel has been detained under this section;

(ii) giving particulars of the offence by reason of which the vessel is alleged to be a vessel to which this section applies; and

(iii) setting out the terms of the provisions of sub-sections (9) and (10),
and, subject to the Customs Act 1901, the person detaining the vessel shall comply with that direction.

"(9) Where a notice under paragraph (c) of sub-section (8) is served in respect of a vessel, the owner of the vessel may, within one month after the service of the notice, bring an action in a court of competent jurisdiction for the delivery of the vessel to him on the ground that the vessel is not a vessel to which this section applies, and -

(a) where the owner of the vessel brings such an action within that period -

(i) if the court finds that this section applies to the vessel - the court shall order the vessel to be forfeited to the Crown; or

(ii) if the action is discontinued - the vessel is forfeited to the Crown; or

(b) where the owner of the vessel does not bring such an action within that period - the vessel is forfeited to the Crown.

"(10) In any action in a court brought under sub-section (9) for the delivery of a vessel, the court may find that a person committed an offence if, and only if -

(a) in the case of a person who has been tried for the offence - the person has been convicted of the offence; or

(b) in any other case - the court is satisfied beyond reasonable doubt that the person committed the offence.

"(11) A vessel ordered to be forfeited to the Crown under sub-paragraph (9) (a) (i) or forfeited to the Crown under sub-paragraph (9) (a) (ii) or under paragraph (9) (b) becomes the property of the Commonwealth and shall be dealt with and disposed of in accordance with the directions of the Minister.

"(12) For the purposes of the application of section 29 of the Acts Interpretation Act 1901 to the service by post on the master or owner of a vessel of a notice referred to in paragraph (8) (c), such a notice posted as a letter addressed to him at -

(a) where he has given the person detaining the vessel an address in Australia or the Cocos Islands for the purposes of this sub-section - that address; or

(b) in any other case - his last address in Australia or the Cocos Islands known to the person detaining the vessel,
shall be deemed to be properly addressed.

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"(13) For the purposes of this section, goods on, and the fittings and equipment of, a vessel detained under this section shall be deemed to be part of the vessel.

"(14) An approved person may destroy -

(a) any animals or plants; or

(b) any goods (other than animals or plants) that he considers could be a source of infection,
that are on board, or that he believes on reasonable grounds have been on board, a vessel detained in Australia or the Cocos Islands under this section.

"(15) An approved person shall be taken to be an authorized person for the purposes of the application of section 31 in relation to a prescribed vessel.
Animals on boats

"75B. (1) An approved person may destroy any animal on board a prescribed oversea vessel in Australia or the Cocos Islands, being an animal that he believes on reasonable grounds has travelled on that vessel, unless, in his opinion, arrangements exist or are to be made to ensure that while the vessel is in Australia or the Cocos Islands, as the case may be, the animal will not leave the vessel except, in the case of an animal to be lawfully imported, when being landed for the purpose of importation.

"(2) In this section -

'approved person' has the same meaning as in section 75A;

'prescribed oversea vessel' means an oversea vessel used in navigation by sea the maximum overall length of the hull proper of which is 45 metres or less, other than a vessel detained under section 75A.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 39.

39. After section 78A of the Principal Act the following section is inserted:
Mooring of insanitary vessels
"78B. Where, in the opinion of a quarantine officer, a vessel in a port is in an insanitary condition favourable to the spread of communicable disease, the officer may, in lieu of exercising his powers under sub-section (1) of section 78A, direct the master of the vessel to moor the vessel at a place in the port specified by the officer, and if such a direction is given, the master of the vessel -

(a) shall, unless the vessel immediately leaves the port, forthwith cause the vessel to be taken to, and moored at, that place; and

(b) where the vessel is moored in compliance with paragraph (a), shall not move the vessel, or allow the vessel to be moved, from that place except -

(i) for the purpose of taking the vessel out of the port;

(ii) by reason of stress of weather or for other reasonable cause; or

(iii) with the permission of a quarantine officer.

Penalty: $5,000 or imprisonment for 2 years.".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 40.
Regulations

40. Section 87 of the Principal Act is amended -

(a) by omitting paragraph (1) (i) and substituting the following paragraph:

"(j) for prescribing the precautions to be taken by masters of vessels in respect of their vessels and the crews, passengers and cargoes of their vessels -

(i) at proclaimed places;

(ii) on voyages from proclaimed places;

(iii) on voyages between Australian ports; and

(iv) on voyages between ports in the Cocos Islands,
to prevent the introduction into Australia or the Cocos Islands, or the spread, of quarantinable diseases;";

(b) by adding at the end of paragraph (1) (m) "from Australia or from the Cocos Islands";

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(c) by inserting after paragraph (1) (o) the following paragraph:

"(oa) for prescribing fees for the management and maintenance of animals at a quarantine station in the Cocos Islands;";

(d) by inserting after sub-section (1) the following sub-sections:

"(1A) Regulations made under sub-section (1) may -

(a) apply in, or relate to, both Australia and the Cocos Islands;

(b) apply in, or relate to, Australia only; or

(c) apply in, or relate to, the Cocos Islands only.

"(1B) Without limiting the generality of sub-section (1), regulations may be made under that sub-section for the purpose of preventing the spread of animal or plant diseases to, or from, quarantine stations in the Cocos Islands or for the purpose of preventing, eradicating or controlling animal or plant diseases in the Cocos Islands, including regulations -

(a) conferring functions and powers, and imposing duties, upon quarantine officers, including -

(i) powers to enter and search premises;

(ii) powers to question persons; and

(iii) powers to examine animals and plants;

(b) prohibiting the entry of animals into areas adjoining quarantine stations in the Cocos Islands;

(c) requiring the registration of live-stock and other domestic animals in the Cocos Islands;

(d) prohibiting the abandonment of animals in the Cocos Islands;

(e) requiring the notification of diseases in animals and plants in the Cocos Islands;

(f) regulating the disposal of dead animals in the Cocos Islands;

(g) providing for the eradication of vermin in the Cocos Islands;

(h) prohibiting the growing of particular plants in the Cocos Islands or in parts of the Cocos Islands;

(j) providing for the destruction of animals or plants in the Cocos Islands; or

(k) providing for the payment of compensation to the owners of any animals or plants destroyed in pursuance of the regulations.

"(1C) Notwithstanding the generality of section 12 of the Cocos (Keeling) Islands Act 1955, an Ordinance of the Cocos Islands has effect to the extent only that it is capable of operating concurrently with this Act and the regulations.
"(1D) Where a fee is prescribed for the management and maintenance at a quarantine station in the Cocos Islands of animals included in a class of animals, the Minister may, by notice in writing under his hand published in the Gazette, determine a fee (whether higher or lower) in lieu of that prescribed fee, but a determination so made -

(a) does not apply in respect of any animal that left its place of origin for exportation to Australia or the Cocos Islands before the determination of the fee; and

(b) ceases to apply -

(i) if, before the expiration of 6 months after publication in the Gazette of the notice determining the fee, a fee is prescribed for the management of animals included in that class of animals - upon the prescribing of that fee; or

(ii) in any other case - at the expiration of 6 months after the publication in the Gazette of the notice determining the fee."; and

(e) by omitting from sub-section (2) "the last preceding sub-section" and substituting "sub-section (1)".

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SECT. 41.
Additional amendments

41. The Principal Act is amended as set out in the Schedule.

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - SCHEDULE

SCHEDULE Section 41
ADDITIONAL AMENDMENTS

The following provisions of the Principal Act are amended by inserting "or the Cocos Islands"
after "Australia" (wherever occuring):

Section 15A, 20A, 20C, 21 and 27, sub-sections 28 (1) and 35 (2), section 50,
sub-section 67 (1),
section 67A and 68, sub-sections 70 (1) and (3) and 78A (1) and paragraphs 87
(1) (e) and (1b).

QUARANTINE AMENDMENT ACT 1981 No. 54, 1981 - NOTE


NOTE

1. Act No. 54, of 1981; assented to 25 May 1981

2. Date of commencement 23 June 1981.

3. No. 3, 1908, as amended. For previous amendments, see No. 15, 1912; No. 42, 1915; No. 47, 1920; No. 30, 1924; Nos. 19 and 92, 1947; No. 80, 1950; No. 61, 1961; No. 12, 1966; No. 1, 1969; No. 216, 1973; and Nos. 1, 105 and 155, 1979.