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Quarantine Amendment Act 1984

Act No. 19 of 1984 as made
An Act to amend the Quarantine Act 1908, and for related purposes
Administered by: Agriculture and Water Resources; Health
Date of Assent 26 Apr 1984
 

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 1.
Short title.

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

(Assented to 26 April 1984)
Short title, &c.

1. (1) This Act may be cited as the Quarantine Amendment Act 1984.

(2) The Quarantine Act 1908*1* is in this Act referred to as the Principal Act.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 2.
Commencement


2. (1) Section 1, this section and section 27 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 20, 21 and 22 shall come into operation on a day to be fixed by Proclamation.

(3) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 3.
Interpretation


3. Section 5 of the Principal Act is amended-

(a) by omitting ''small-pox,'' from the definition of ''Quarantinable disease'' in sub-section (1); and

(b) by omitting from sub-paragraph (7) (b) (ii) ''wih'' and substituting ''with''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 4.
Director of Quarantine, Chief Quarantine Officers and quarantine officers

4. (1) Section 8A of the Principal Act is amended-

(a) by omitting from sub-section (2) ''Governor-General thinks fit'' and substituting ''Minister determines by writing signed by him'';

(b) by omitting from sub-section (3) ''quarantine officers (including Chief Quarantine Officers)'' and substituting ''Chief Quarantine Officers'';

(c) by omitting from sub-section (3) ''Quarantine Officer'' (first occurring) and substituting ''quarantine officer''; and

(d) by inserting after sub-section (3) the following sub-section:

''(4) Each quarantine officer (other than a Chief Quarantine Officer) shall exercise his powers and perform his functions under and subject to the directions of the Chief Quarantine Officer for the division or divisions of quarantine for which that quarantine officer is appointed.''.

(2) A determination made by the Governor-General pursuant to sub-section 8A (2) of the Principal Act that was in force immediately before the commencement of this section shall be deemed to be a determination made by the Minister under sub-section 8A (2) of the Principal Act as amended by this Act.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 5.

5. (1) Section 9 of the Principal Act is repealed and the following section is substituted:
Appointment of officers

''9. (1) The Director of Quarantine and the Chief Quarantine Officers shall be appointed by the Minister by writing signed by him.

''(2) The Director of Quarantine may, by writing signed by him, appoint a person to be a quarantine officer.

''(3) A quarantine officer shall be appointed to a division or divisions of quarantine for which a Chief Quarantine Officer is appointed.''.

(2) A person holding office immediately before the commencement of this section as the Director of Quarantine, a Chief Quarantine Officer or a quarantine officer under section 9 of the Principal Act shall, subject to the Principal Act as amended by this Act, continue to hold that office after the commencement of this section as if he had been appointed under section 9 of the Principal Act as amended by this Act.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 6.
Temporary quarantine officers


6. (1) Section 9A of the Principal Act is amended-

(a) by omitting from sub-section (1) ''Minister may appoint temporary Quarantine Officers'' and substituting ''Director of Quarantine may, by writing signed by him, appoint temporary quarantine officers'';

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(b) by omitting from sub-section (1A) ''Minister'' and substituting ''Director of Quarantine'';

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

''(1B) A temporary quarantine officer appointed under sub-section (1) or (1A) shall be appointed to a division or divisions of quarantine for which a Chief Quarantine Officer is appointed and shall, in the exercise of his powers and the performance of his functions, be subject to the directions of that Chief Quarantine Officer.'';

(d) by omitting from sub-section (2) ''Quarantine Officers'' and substituting ''quarantine officers''; and

(e) by omitting from sub-section (2) ''Quarantine Officer appointed under the last preceding section'' and substituting ''quarantine officer appointed under section 9''.

(2) A person holding office immediately before the commencement of this section as a temporary quarantine officer under section 9A of the Principal Act shall, subject to the Principal Act as amended by this Act, continue to hold office as a temporary quarantine officer after the commencement of this section as if he had been appointed under section 9A of the Principal Act as amended by this Act.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 7.
Proclamation of ports of entry, &c.


7. Section 13 of the Principal Act is amended by inserting after sub-section (2) the following sub-sections:

''(2A) A proclamation under sub-section (1) prohibiting the importation into Australia or the Cocos Islands of any thing may provide that the importation of that thing is prohibited unless a permit granting permission to import that thing is granted by the Director of Quarantine or by a person authorized in writing by the Director of Quarantine to grant such a permit.

''(2B) A permit granted pursuant to a proclamation made in accordance with sub-section (2A) may be granted subject to compliance with conditions or requirements, either before or after the importation of the thing to which the permit relates, by the holder of the permit, being conditions or requirements set out in the permit.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 8.
Persons and goods subject to quarantine


8. Section 18 of the Principal Act is amended-

(a) by omitting from paragraph (1)(c) ''and''; and

(b) by adding at the end of sub-section (1) the following word and paragraph:

''; and (e) every person who enters Australia or the Cocos Islands unlawfully.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 9.
Vessels to enter certain ports


9. Section 20 of the Principal Act is amended by omitting from paragraph (2)(b) all the words after ''landward side of'' and substituting ''the baseline of the territorial sea of Australia or of the Cocos Islands, as the case may be,''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 10.
Vessels to be brought to mooring grounds


10. Section 26A of the Principal Act is amended-

(a) by omitting from paragraph (b) ''authorized in writing by the Director of Quarantine to grant approvals under this section''; and

(b) by omitting from paragraph (b) ''under the regulations''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 11.
Health reports


11. Section 27 of the Principal Act is amended by omitting ''the prescribed form signed by him'' and substituting ''a form approved by the Director of Quarantine signed by the master''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 12.
Pratique


12. Section 33 of the Principal Act is amended-

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

''(1A) Subject to sub-section (2), where-

(a) an oversea vessel is-

(i) in accordance with the permission of the Minister given under section 20AA; or

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

at, or about to arrive at, a place in Australia or the Cocos Islands other than a port declared to be a first port of entry or a first Cocos Islands port of entry, as the case may be; and

(b) a quarantine officer is satisfied that the vessel is free from infection,

the quarantine officer shall grant the vessel pratique having effect in that place and at such ports as he considers appropriate.'';

(b) by omitting from sub-section (3) ''the prescribed form'' (wherever occurring) and substituting ''a form approved by the Director of Quarantine''; and

(c) by omitting from sub-section (3) ''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'' and substituting ''the first port or place in which the pratique has effect''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 13.
Grant of pratique to installations


13. Section 33A of the Principal Act is amended by omitting from sub-section (2) ''the prescribed form'' (wherever occurring) and substituting ''a form approved by the Director of Quarantine''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 14.
Quarantine surveillance


14. Section 34 of the Principal Act is amended by inserting after paragraph (1)(c) the following paragraph:

''(ca) permit any members of the crew and their effects to leave the vessel; or''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 15.
Removal from vessels or installations of goods in quarantine


15. Section 44A of the Principal Act is amended by omitting paragraph (5)(b) and substituting the following paragraph:

''(b) where the vessel has, in accordance with the permission of the Minister given under section 20AA, been brought to an Australian installation-a part of the installation approved for the purposes of this sub-section by the Minister.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 16.
Goods ordered into quarantine


16. Section 48 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections:

''(2) Subject to sub-section (4), if the quarantine officer in charge of any goods (not being live animals) ordered into quarantine under this Act believes on reasonable grounds that the goods cannot be effectively treated or disinfected, and ought not to be released from quarantine, he may cause the goods to be destroyed.

''(3) Subject to sub-section (4), if a Chief Quarantine Officer or a person authorized by a Chief Quarantine Officer to perform duties under this sub-section believes on reasonable grounds that any live animals ordered into quarantine under this Act cannot be effectively treated or disinfected, and ought not to be released from quarantine, he may cause the animals to be destroyed.

''(4) Where the value of any goods to which sub-section (2) or (3) applies exceeds $200, the goods shall not be destroyed without the written approval of the Minister.

''(5) Where the quarantine officer in charge of any goods ordered into quarantine under this Act believes on reasonable grounds that the goods cannot be effectively treated or disinfected without damaging the goods, the
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quarantine officer may, by notice in writing given to the owner of the goods, notify the owner that the treatment or disinfection of the goods is likely to damage the goods and request the owner to agree to the goods being treated or disinfected.

''(6) Where-

(a) a notice is given to the owner of goods pursuant to sub-section (5); and

(b) the owner does not, before the expiration of 30 days after receiving the notice, give notice in writing to the Director of Quarantine stating that the owner agrees to the goods being treated or disinfected,
the goods are forfeited to the Commonwealth and a Chief Quarantine Officer may cause the goods to be destroyed or otherwise disposed of.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 17.
Penalty for importing, &c., contrary to proclamation


17. Section 67 of the Principal Act is amended by inserting after sub-section (1A) the following sub-section:

''(1B) A person shall not refuse or fail to comply with conditions or requirements set out in a permit granted pursuant to a proclamation made in accordance with sub-section 13 (2A).

Penalty-

(a) if the offender is a natural person-$50,000 or imprisonment for 10 years, or both; or

(b) if the offender is a body corporate-$200,000.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 18.
Powers of inspection


18. Section 70 of the Principal Act is amended-

(a) by omitting sub-section (1) and substituting the following sub-section:

''(1) A quarantine officer may board any vessel that-

(a) is in a port or place in Australia or the Cocos Islands; or

(b) is-

(i) on the seaward side of the outer limits of the territorial sea of Australia or the Cocos Islands and is within 9 nautical miles, or such greater distance as the Governor-General, by proclamation, declares, of those outer limits; and

(ii) bound for a port or place in Australia or the Cocos Islands,

and may, after boarding the vessel-

(c) enter and inspect any part of the vessel;

(d) inspect any animals or goods on board the vessel; and

(e) inspect the passenger list, log, manifest, journal and any other papers relating to the vessel or to any persons, animals or goods on board the vessel.'';

(b) by omitting from sub-section (2) ''paragraph (c) of the last preceding sub-section'' and substituting ''paragraph (1) (e)''; and

(c) by omitting sub-section (3) and substituting the following sub-section:

''(3) A person authorized in writing by the Director of Quarantine to act under this sub-section may board any vessel that-

(a) is in a port or place in Australia or the Cocos Islands; or

(b) is-

(i) on the seaward side of the outer limits of the territorial sea of Australia or the Cocos Islands and is within 9 nautical miles, or such greater distance as the Governor-General, by proclamation, declares, of those outer limits; and


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(ii) bound for a port or place in Australia or the Cocos Islands,

and may, after boarding the vessel, enter and inspect any part of the vessel and all animals, plants and goods on board the vessel.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 19.
Offences in relation to goods


19. Section 70C of the Principal Act is amended by omitting paragraph (2) (b) and substituting the following paragraph:

''(b) conceal or attempt to conceal from a quarantine officer the nature of any goods or any other fact or matter relating to the nature of the goods;''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 20.
Power to search premises for documents


20. Section 74B of the Principal Act is amended by adding at the end of the definition of ''examinable documents'' in sub-section (5) '', or relating to domestic animals that are in the Cocos Islands''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 21.

21. After section 74B of the Principal Act, the following section is inserted:
Powers of search relating to domestic animals in the Cocos Islands

''74BA. (1) A quarantine officer may, with the consent of the occupier of any land or premises in the Cocos Islands, enter the land or premises and exercise the functions of a quarantine officer under this section.

''(2) Where a quarantine officer has reasonable grounds to believe that there may be, at that time or within the next following 24 hours, upon any land, or upon or in any premises, in the Cocos Islands a domestic animal, the quarantine officer may apply to a Justice of the Peace for a warrant authorizing the quarantine officer to enter the land or premises and to exercise the functions of a quarantine officer under this section in relation to that land or those premises.

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

(a) there are reasonable grounds for believing that there may be, at that time or within the next following 24 hours, upon that land or upon or in those premises, a domestic animal; and

(b) the issue of a warrant is reasonably required for the purposes of this Act,
the Justice of the Peace shall grant a warrant authorizing the quarantine officer, with such assistance as the quarantine officer thinks necessary and if necessary by force, to exercise the functions of a quarantine officer under this section in relation to that land or those premises.

''(4) A warrant issued under this section shall-

(a) state whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night; and

(b) specify a date, not being later than one month after the day of issue, upon which the warrant ceases to have effect.

''(5) The functions of a quarantine officer under this section in relation to land or premises are-

(a) to search the land or premises for domestic animals and, for that purpose, to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, upon the land or upon or in the premises;

(b) where a domestic animal is found upon the land or upon or in the premises-

(i) to cause an examination of the domestic animal and of the land or premises to be carried out to ensure that the animal is healthy and that the land or premises is or are clean and free from infection;

(ii) to take whatever measures are required to improve the health of the domestic animal, including the disinfection, vaccination, testing and veterinary treatment of the domestic animal;

(iii) to take whatever measures are required to clean and disinfect the land or premises; and


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(iv) to give to any person upon the land or upon or in the premises any directions that the quarantine officer considers necessary to enable him to carry out the functions referred to in sub-paragraphs (i), (ii) and (iii).

''(6) A person shall not, without reasonable excuse, fail to comply with a direction given to him under sub-paragraph (5) (b) (iv).

Penalty: $2,000.

''(7) Nothing in this section authorizes the exclusion of the occupier of land or premises from that land or those premises while the land or premises is or are being searched.

''(8) Nothing in this section authorizes the exclusion from a dwelling of a person who usually resides in that dwelling.

''(9) This section does not limit the powers of a quarantine officer or any other person under any other provision of this Act.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 22.
Obstruction of officers and non-compliance with directions


22. Section 74C of the Principal Act is amended by omitting from sub-section (1) ''or 74B (1) or in pursuance of a warrant granted under sub-section 74A (3) or 74B (3)'' and substituting '', 74B (1) or 74BA (1) or in pursuance of a warrant granted under sub-section 74A (3), 74B (3) or 74BA (3)''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 23.
Master, medical officer or agent misleading quarantine officer


23. Section 83 of the Principal Act is amended by inserting '', or any agent of any such vessel or installation,'' after ''Australian seabed''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 24.
Proceedings in respect of offences


24. Section 85 of the Principal Act is amended-

(a) by omitting from paragraph (1) (b) ''or is'' and substituting '', is'';

(b) by adding at the end of paragraph (1) (b) ''or is punishable by a fine not exceeding $5,000''; and

(c) by adding at the end of paragraph (2) (b) ''or by a fine exceeding $5,000''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 25.

25. Section 86E of the Principal Act is repealed and the following section is inserted:
Fees

''86E. (1) The Minister may, by notice published in the Gazette, determine that fees of amounts set out in the notice are payable in respect of-

(a) specified examinations or services carried out or provided by or under this Act;

(b) the issue by quarantine officers of specified certificates by or under this Act;

(c) the management and maintenance of animals at a quarantine station in the Cocos Islands; and

(d) the granting of approvals by a Chief Quarantine Officer under sub-section 44A (5) or 44B (1).

''(2) A notice under sub-section (1) may specify the persons by whom fees are payable.

''(3) A determination under sub-section (1) takes effect on the day on which the notice of the determination is published in the Gazette.

''(4) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901
apply in relation to determinations under this section as if-

(a) references in those provisions to regulations were references to determinations and references to a regulation were references to a provision of a determination; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of a determination or of a provision of a
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determination, as the case requires.''.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 26.
Regulations


26. (1) Section 87 of the Principal Act is amended-

(a) by inserting in paragraph (1) (1b) ''by persons authorized by a Chief Quarantine Officer or'' after ''to be taken'';

(b) by omitting paragraphs (1) (o) and (oa);

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

''(qa) for prescribing methods of controlling the storage, use, movement and disposal in Australia or the Cocos Islands of goods that-

(i) have been imported into Australia or the Cocos Islands, being goods the importation of which without the approval of the Minister or the Director of Quarantine is prohibited by a proclamation under section 13 or the importation of which without a permit granted pursuant to a proclamation made in accordance with sub-section 13 (2A) is prohibited; or

(ii) are disease agents produced in Australia from goods of the kind referred to in sub-paragraph (i);''; and

(d) by omitting sub-section (1D).

(2) Fees prescribed by regulations under paragraph 87 (1) (o) or (oa) of the Principal Act shall, after the commencement of this section, be deemed to be fees determined by the Minister under section 86E of the Principal Act as amended by this Act.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 27.
Penalties


27. The Principal Act is amended as set out in Schedule 1.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SECT. 28.
Formal amendments


28. The Principal Act is amended as set out in Schedule 2.

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SCHEDULE 1

SCHEDULE 1
Section 27
AMENDMENTS RELATING TO PENALTIES
--------------------------------------------------------------------------------
Provision Amendment
--------------------------------------------------------------------------------
Sub-section 12A (2) . Omit ''$10,000 or imprisonment for a period not
exceeding 5 years'', substitute ''$100,000 or
imprisonment for a period not exceeding 10 years, or
both''.

Sub-section 15 (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$5,000; or
(b) if the offender is a body corporate-$25,000.''.

Sub-section 15A (2) . Omit ''$10,000 or imprisonment for a period not
exceeding 5 years'', substitute ''$20,000 or
imprisonment for a period not exceeding 10 years, or
both''.

Sub-section 16 (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$10,000 or
imprisonment for 5 years, or both; or
(b) if the offender is a body corporate-$50,000.''.

Sub-section 20 (1) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.

Sub-section 20 (2) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.

Section 20A . . . . . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.


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Sub-section 20B (2) . Omit ''punishable upon conviction by a fine not
exceeding $10,000 or imprisonment for a period not
exceeding 5 years''.

Sub-section 20B (3) . Omit the penalty set out at the foot thereof.

Sub-section 20B (5) . Omit ''punishable upon conviction by a fine not
exceeding $10,000 or imprisonment for a period not
exceeding 5 years''.

Section 20B . . . . . Add at the foot thereof the following penalty:
''Penalty-
(a) if the offender is a natural person-$20,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$100,000.
''.

Sub-section 21 (1) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 21 (2) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 22 (1) . Omit the penalty set out at the foot thereof.

Sub-section 22 (2) . Omit the penalty set out at the foot thereof.

Section 22 . . . . . Add at the foot thereof the following penalty:
''Penalty: $10,000 or imprisonment for 5 years, or
both.''.

Sub-section 24 (1) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 24 (2) . Omit ''$2,000'', substitute ''$5,000''.

Section 25 . . . . . Insert '', or both'' after ''2 years''.

Section 25A . . . . . Insert '', or both'' after ''2 years''.

Sub-section 26 (1) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Section 26A . . . . . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Section 27 . . . . . Insert '', or both'' after ''2 years''.

Sub-section 28 (1) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Sub-section 28 (1A) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Sub-section 28 (4) . Omit ''$5,000 or imprisonment for a period not
exceeding 2 years'', substitute ''$10,000 or
imprisonment for a period not exceeding5 years, or
both''.

Sub-section 29 (1) . Omit the sub-section, substitute the following
sub-sections:
''(1) Except as prescribed, the master of a vessel
subject to quarantine shall not quit, or knowingly
permit any person to quit, his vessel or knowingly
permit any goods to be removed from his vessel.
Penalty: $20,000 or imprisonment for 10 years, or
both.
''(1A) Where-
(a) a person on board a vessel subject to
quarantine quits the vessel otherwise than in a
prescribed manner; or
(b) goods on board such a vessel are removed from
the vessel otherwisethan in a prescribed manner,
and the master of the vessel was negligent in
permitting that person to quit, or those goods to be
removed from, the vessel in that manner, the
masteris guilty of an offence punishable on
conviction by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 5 years, or

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both.''.

Sub-section 30 (1) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 32 (2) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.

Sub-section 35A (3) . Omit ''$2,000 or imprisonment for one year'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Sub-section 35A (4) . Omit ''$2,000 or imprisonment for one year'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Sub-section 35A (5) . (a) Omit ''or negligently''.
(b) Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.

Section 35A . . . . . After sub-section 35A (5), insert the following
sub-section:
''(5A) When a quarantine officer has given a
certificate in pursuance of sub-section (1), the
master of the vessel shall not negligently allow any
person suffering from, or suspected to be suffering
from, the disease, or who has been exposed to
infection from the disease, to quit the vessel.
Penalty: $10,000 or imprisonment for 5 years, or
both.''.

Sub-section 36 (1) . Omit ''$10,000 or imprisonment for 5 years'',
substitute ''$50,000 or imprisonment for 10 years,
or both''.
Sub-section 36 (2) . Omit ''$10,000 or imprisonment for 5 years'',
substitute ''$50,000 or imprisonment for 10 years,
or both''.

Sub-section 36 (3) . Omit ''$10,000 or imprisonment for 5 years'',
substitute ''$50,000 or imprisonment for 10 years,
or both''.

Sub-section 38 (1) . Omit ''$2,000 or imprisonment for one year'',
substitute ''$5,000 or imprisonment for 2 years, or
both''.

Sub-section 38 (1A) . Omit ''$2,000 or imprisonment for one year'',
substitute ''$5,000 or imprisonment for 2 years, or
both''.

Sub-section 40 (1) . Omit ''$10,000 or imprisonment for 5 years'',
substitute ''$50,000 or imprisonment for 10 years,
or both''.

Section 43 . . . . . Omit ''$10,000 or imprisonment for 5 years'',
substitute ''$50,000 or imprisonment for 10 years,
or both''.

Sub-section 44 (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
Penalty-
(a) if the offender is a natural person-$50,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$200,000.
''.

Sub-section 44 (2) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$50,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$200,000.
''.

Section 44A . . . . . Omit the penalty set out at the foot thereof,
substitute thefollowing penalty:
''Penalty-
(a) if the offender is a natural person-$20,000 or
imprisonment for 10 years, or both; or

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(b) if the offender is a body corporate-$100,000.
''.

Sub-section 44B (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$20,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$100,000.
''.

Sub-section 45 (3A) . Omit ''$2,000'', substitute ''$5,000''.

Section 49 . . . . . Omit ''$2,000 or imprisonment for one year'',
substitute ''$5,000 or imprisonment for 2 years, or
both''.

Sub-section 50 (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$20,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$100,000.
''.

Section 51 . . . . . Omit ''$2,000 or imprisonment for one year'',
substitute ''$5,000 or imprisonment for 2 years, or
both''.

Sub-section 67 (1) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$50,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$200,000.
''.

Sub-section 67 (1A) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$50,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$200,000.
''.

Section 67A . . . . . Omit the penalty set out at the foot thereof,
substitute thefollowing penalty:
''Penalty-
(a) if the offender is a natural person-$20,000 or
imprisonment for 10 years, or both; or
(b) if the offender is a body corporate-$100,000.
''.

Sub-section 69A (12) Omit ''$5,000'', substitute ''$10,000 or
imprisonment for 5 years, or both''.

Sub-section 70 (2) . Omit ''$2,000'', substitute ''$5,000 or imprisonment
for 2 years, or both''.

Sub-section 70AA (3) Omit ''$2,000'', substitute ''$5,000 or imprisonment
for 2 years, or both''.

Sub-section 70A (3) . Omit the sub-section, substitute the following
sub-sections:
''(3) A person shall not, without reasonable
excuse, refuse or fail to answer a question put to
him under sub-section (2).
Penalty: $5,000.
''(3A) A person shall not, in answer to a question
put to him undersub-section (2),make a statement
that is, to his knowledge, false or misleading ina
material particular.
Penalty: $5,000 or imprisonment for 2 years, or
both.''.

Sub-section 70C (1) . Omit the penalty set out at the foot thereof.

Section 70C . . . . . Omit the penalty set out at the foot of sub-section
(2), addat the foot of the section the following
penalty:

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''Penalty-
(a) if the offender is a natural person-$5,000 or
imprisonment for 2 years, or both; or
(b) if the offender is a body corporate-$25,000.''.

Sub-section 70D (3) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$5,000 or
imprisonment for 2 years, or both; or
(b) if the offender is a body corporate-$25,000.''.

Sub-section 71 (1) . Omit ''$200'', substitute ''$1,000''.

Sub-section 72 (2) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 72 (3) . Omit ''$1,000'', substitute ''$2,000''.

Sub-section 72 (4) . Omit ''$1,000'', substitute ''$2,000''.

Sub-section 72 (5) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 72 (6) . Omit ''$1,000'', substitute ''$5,000''.

Sub-section 73 (1) . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$10,000 or imprisonment for 5 years, or
both''.

Sub-section 73 (2) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 73 (3) . Omit''$2,000'', substitute ''$5,000 or imprisonment
for 2 years, or both''.

Sub-section 74 (2) . Omit ''$2,000'', substitute ''$5,000''.

Section 74AA . . . . Omit ''$2,000'', substitute ''$5,000''.

Section 74C . . . . . Omit ''Penalty: $2,000'' (wherever occurring), add
at the foot thereof the following penalty:
''Penalty-
(a) if the offender is a natural person-$5,000 or
imprisonment for 2 years, or both; or
(b) if the offender is a body corporate-$25,000.''.

Sub-section 74D (2) . Omit the penalty set out at the foot thereof,
substitute the following penalty:
''Penalty-
(a) if the offender is a natural person-$10,000 or
imprisonment for 5 years, or both; or
(b) if the offender is a body corporate-$50,000.''.

Sub-section 74E (1) . Omit ''$2,000'', substitute ''$5,000''.

Sub-section 75 (1) . Omit ''1,000'', substitute ''$2,000''.

Sub-section 75A (6) . Omit ''$10,000 or imprisonment for a period not
exceeding 5 years'', substitute ''$20,000 or
imprisonment for a period not exceeding 10 years, or
both''.

Sub-section 76 (1) . Omit ''$2,000 or imprisonment for one year'',
substitute $5,000 or imprisonment for 2 years, or
both''.

Section 77 . . . . . Add at the end of the penalty set out at the foot
thereof '',or both''.

Section 78 . . . . . Omit ''$10,000 or imprisonment for a period not
exceeding 5 years'', substitute ''$50,000 or
imprisonment for a period not exceeding 10 years, or
both''.

Section 78A . . . . . Omit ''Penalty: $5,000 or imprisonment for 2 years''
(wherever occurring), add at the foot thereof the
following penalty:
''Penalty: $20,000 or imprisonment for 10 years,
or both.''.

Section 78B . . . . . Omit ''$5,000 or imprisonment for 2 years'',
substitute ''$20,000 or imprisonment for 10 years,
or both''.

Section 80 . . . . . Omit ''2'', substitute ''5''.

Paragraph 81 (1) (c) Omit ''or'' (last occurring).

Paragraph 81 (1) (d) Omit the paragraph.

Sub-section 81 (1) . Add at the foot thereof the following penalty:
''Penalty-
(a) if the offender is a natural person-$10,000 or
imprisonment for 5 years, or both; or
(b) if the offender is a body corporate-$50,000.''.

Sub-section 81 (2) . Omit the sub-section, substitute the following
sub-section:
''(2) A person who assaults or by force molests,
obstructs or intimidates an officer in the
performance of his duty is guilty of an offence
against this Act punishable, on conviction, by a
fine not exceeding $10,000 or imprisonment for a
period not exceeding 5 years, or both.''.

Section 82 . . . . . Add at the end thereof '', or both''.

Section 83 . . . . . Omit ''$5,000 or imprisonment for a period not
exceeding 2 years'', substitute ''$10,000 or
imprisonment for a period not exceeding 5 years, or
both''.

Sub-section 85 (4) . (a) Omit ''$2,000'', substitute ''$5,000''.
(b) Omit ''one year'', substitute ''2 years''.
--------------------------------------------------------------------------------

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - SCHEDULE 2

SCHEDULE 2
Section 28
FORMAL AMENDMENTS
--------------------------------------------------------------------------------
Provision Omit Substitute
--------------------------------------------------------------------------------
Sub-section 2B (2) . . . the last preceding
sub-section sub-section (1)
Sub-section 2B (3) . . . the last preceding
sub-section sub-section (2)
Sub-section 5 (1)
(definition of
''Quarantine Officer'') Officer officer
Sub-section 12A (2) . . . the last preceding
sub-section sub-section (1)
Sub-section 15A (2) . . . the preceding sub-section sub-section (1)
Sub-section 20B (4) . . . the last preceding
sub-section sub-section (3)
Sub-section 26 (1) . . . the next succeeding section section 26A
Sub-section 35AA (1) . . the next succeeding
sub-section sub-section (2)
Sub-section 35AA (2) . . the last preceding
sub-section sub-section (1)
Sub-section 45 (3A) . . . the last preceding
sub-section sub-section (3)
Sub-section 46A (2) . . . the last preceding
sub-section sub-section (1)
Paragraph 69A (5) (b) . . two 2
Sub-section 72 (2) . . . the last preceding
sub-section sub-section (1)
Sub-section 87 (2) . . . paragraph (v) of sub-section
(1) paragraph (1) (v)
Sub-section 87 (3) . . . the last preceding
sub-section sub-section (2)
--------------------------------------------------------------------------------

QUARANTIME AMENDMENT ACT 1984 No. 19, 1984 - NOTE


NOTE
1. 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 (as amended by No. 20, 1974); Nos. 1, 105 and 155, 1979; No. 70, 1980; No. 54, 1981; No. 51, 1982; and No. 84, 1983.