Federal Register of Legislation - Australian Government

Primary content

Quarantine Act 1908

Act No. 3 of 1908 as amended, taking into account amendments up to Act No. 99 of 1988
Registered 07 Dec 2009
Start Date 02 Dec 1988
End Date 17 Feb 1991
Date of repeal 16 Jun 2016
Repealed by Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015

QUARANTINE ACT 1908
- Reprinted as at 30 November 1989 (HISTACT CHAP 139 #DATE 30:11:1989)

*1*The Quarantine Act 1908 as shown in this reprint comprises Act No. 3, 1908 amended as indicated in the Tables below.
Table of Acts
Act
Number Date of Date of commencement Application,
and year Assent saving or
transitional
provisions
Quarantine Act 1908
3, 1908 30 Mar 1908 1 July 1909 (see Gazette
1909,
p. 1175)
Quarantine Act 1912
15, 1912 6 Nov 1912 6 Nov 1912 -
Quarantine Act 1915
42, 1915 15 Nov 1915 15 Nov 1915 -
Quarantine Act 1920
47, 1920 2 Dec 1920 2 Dec 1920 -
Quarantine Act 1924
30, 1924 26 Sept 26 Sept 1924 -
1924
Quarantine Act 1947
19, 1947 4 June 1947 4 June 1947 -
Quarantine Act (No. 2) 1947
92, 1947 11 Dec 1947 11 Dec 1947 -
Statute Law Revision Act 1950
80, 1950 16 Dec 1950 31 Dec 1950 S. 16
Quarantine Act 1961
61, 1961 24 Oct 1961 24 Oct 1961 -
Quarantine Act 1966
12, 1966 13 May 1966 1 Aug 1968 (see Gazette 1968, -
p. 4213)
Quarantine Act 1969
1, 1969 14 Mar 1969 14 Mar 1969 S. 7 (2)
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and
10
as amended by
20, 1974 25 July 1974 31 Dec 1973 -
Quarantine Amendment Act 1979
1, 1979 27 Feb 1979 27 Feb 1979 S. 7
Quarantine Amendment Act (No. 2) 1979
105, 1979 25 Oct 1979 25 Oct 1979 -
Australian Federal Police (Consequential Amendments) Act 1979
155, 1979 28 Nov 1979 19 Oct 1979 (see s. 2 and -
Gazette 1979, No. S206,
p. 1)
Australian Federal Police (Consequential Amendments) Act 1980
70, 1980 28 May 1980 28 May 1980 -
Quarantine Amendment Act 1981
54, 1981 25 May 1981 22 June 1981 Ss. 7 (2),
11 (2) and
16 (2)
Off-shore Installations (Miscellaneous Amendments) Act 1982
51, 1982 16 June Part VII (ss. 52-112): 14 -
1982 July 1982 (a)
Migration (Miscellaneous Amendments) Act 1983
84, 1983 14 Nov 1983 Part IX (ss. 28 and 29): -
2 Apr 1984 (b)
Quarantine Amendment Act 1984
19, 1984 26 Apr 1984 Ss. 1, 2 and 27: Royal Assent Ss. 4 (2),
Ss. 20-21: 1 Aug 1984 (see 5 (2), 6 (2)
Gazette, 1984 No. 291, and 26 (2)
p. 1)
Remainder: 24 May 1984
as amended
by Statute Law
(Miscellaneous
Provisions) Act
(No. 2) 1984
165, 1984 25 Oct 1984 S. 3: (c) Ss. 2 (32)
and 6 (1)
Torres Strait Treaty (Miscellaneous Amendments) Act 1984
22, 1984 26 Apr 1984 15 Feb 1985 (see s. 2 and -
Gazette 1985, No. S538,
p. 1)
Quarantine Amendment Act 1985
2, 1985 29 Mar 1985 29 Mar 1985 Ss. 5 (2)
- (4), 25
and 26
Sea Installations (Miscellaneous Amendments) Act 1987
104, 1987 6 Nov 1987 Parts I-V (ss. 1-30) and -
VIII (s. 57): 15 Oct 1987
Remainder: 6 Nov 1987 (see
s. 2 (2))
as amended by
Community
Services and
Health Legislation
Amendment Act
(No. 2) 1988
155, 1988 26 Dec 1988 S. 41 (3): 6 Nov -
1987 (d)
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: Royal Assent (e) S. 5 (1)
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
______________________________________________________________________________ __ (a) The Quarantine Act 1908 was amended by Part VII (sections 52-112) only of the Off-shore Installations (Miscellaneous Amendments) Act 1982, subsection 2 (1) of which provides as follows:
'(1) Subject to subsection (2), this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.'
(b) The Quarantine Act 1908 was amended by Part IX (sections 28 and 29) only of the Migration (Miscellaneous Amendments) Act 1983, subsection 2 (1) of which provides as follows:
'(1) Subject to subsection (2), this Act shall come into operation on the day on which the Migration Amendment Act 1983 comes into operation.'
(c) The Quarantine Amendment Act 1984 was amended by section 3 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (22) of which provides as follows:
'(22) The amendment of the Quarantine Amendment Act 1984 made by this Act shall be deemed to have come into operation on 26 April 1984.'
(d) The Sea Installations (Miscellaneous Amendments) Act 1987 was amended
by section 41 (3) only of the Community Services and Health Legislation Amendment Act (No. 2) 1988, subsection 2 (7) of which provides as follows:
'(7) Subsection 41 (3) shall be taken to have commenced on 6 November 1987.'
(e) The Quarantine Act 1908 was amended by Section 3 only of the Statute
Law (Miscellaneous Provisions) Act 1987, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________ __ Provision affected
How affected
S. 2A
ad. No. 47, 1920
S. 2B
ad. No. 92, 1947
am. No. 54, 1981; No. 19, 1984
S. 3
rs. No. 61, 1961
rep. No. 216, 1973
S.4
am. No. 15, 1912; No. 42, 1915; No. 51, 1982; No. 2, 1985
S. 5
am. No. 15, 1912; No. 47, 1920; No. 30, 1924; Nos. 19 and 92, 1947;
No. 1, 1969; No. 54, 1981; No. 51, 1982; Nos. 19 and 22, 1984; No. 2,
1985; No. 104, 1987 (as am. by No. 155, 1988)
S. 6
rep. No. 15, 1912
ad. No. 54, 1981
S. 8
rep. No. 47, 1920
S. 8A .
ad. No. 15, 1912
am. No. 47, 1920; No. 216, 1973; No. 19, 1984
rs. No. 2, 1985
S. 8B
ad. No. 2, 1985
S. 9
rs. No. 19, 1984; No. 2, 1985
S. 9AA
ad. No. 2, 1985
S. 9A
ad. No. 47, 1920
am. No. 92, 1947; No. 1, 1979; No. 54, 1981; No. 19, 1984
S. 10
am. No. 54, 1981; No. 51, 1982
S. 10A
ad. No. 47, 1920
S. 10B
ad. No. 2, 1985
S. 12A
ad. No. 92, 1947
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 12B
ad. No. 92, 1947
S. 13
am. No. 15, 1912; No. 42, 1915; No. 47, 1920; No. 30, 1924; Nos. 19
and 92, 1947; No. 216, 1973 (as am. by No. 20, 1974); No. 54, 1981;
Nos. 19 and 22, 1984; No. 2, 1985
S. 13A
ad. No. 15, 1912
am. No. 51, 1982
S. 14
am. No. 54, 1981; No. 51, 1982
S. 14A
ad. No. 22, 1984
S. 15
am. No. 15, 1912; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19,
1984
S. 15A
ad. No. 15, 1912
am. No. 47, 1920; No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 54,
1981; No. 19, 1984
S. 16
am. No. 47, 1920; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19,
1984
S. 16AA
ad. No. 51, 1982
am. No. 104, 1987
S. 16AAA
ad. No. 104, 1987
S. 16AB
ad. No. 51, 1982
am. No. 104, 1987
Div. 1A of Part IV (s. 16A)
ad. No. 54, 1981
S. 16A
ad. No. 54, 1981
S. 17
am. No. 15, 1912; No. 54, 1981; No. 51, 1982
S. 18
am. No. 92, 1947; No. 54, 1981; No. 51, 1982; No. 19, 1984; No. 104,
1987
S. 18A
ad. No. 92, 1947
am. No. 1, 1969; No. 1, 1979
rep. No. 105, 1979
S. 19
rs. No. 54, 1981
S. 19A
ad. No. 54, 1981
am. No. 51, 1982
S. 20
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51, 1982; No. 19,
1984
S. 20A
ad. No. 47, 1920
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51, 1982; No. 19,
1984
S. 20AA
ad. No. 51, 1982
am. No. 2, 1985
S. 20B
ad. No. 92, 1947
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19, 1984
S. 20C
ad. No. 92, 1947
am. No. 54, 1981; No. 51, 1982
S. 21
am. No. 47, 1920; No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 54,
1981; No. 51, 1982; No. 19, 1984
S. 22
am. No. 15, 1912; No. 47, 1920; No. 1, 1969; No. 1, 1979; No. 51,
1982; No. 19, 1984; No. 104, 1987
S. 23
am. No. 47, 1920
S. 24
am. No. 47, 1920; No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 51,
1982; No. 19, 1984
S. 25
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 25A
ad. No. 51, 1982
am. No. 19, 1984; No. 104, 1987
S. 26
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 26A
ad. No. 15, 1912
am. No. 47, 1920
rs. No. 1, 1969
am. No. 1, 1979; No. 19, 1984
S. 27
am. No. 1, 1969; No. 1, 1979; No. 54, 1981
rs. No. 51, 1982
am. No. 19, 1984; No. 2, 1985
S. 27A
ad. No. 15, 1912
am. No. 47, 1920
rep. No. 92, 1947
S. 28
am. No. 15, 1912; No. 42, 1915; No. 19, 1947; No. 1, 1969; No. 1,
1979; No. 54, 1981; No. 51, 1982; No. 19, 1984
S. 29
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 30
rs. No. 92, 1947
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 31
am. No. 92, 1947; No. 1, 1969; No. 216, 1973; No. 155, 1979; No. 70,
1980; No. 51, 1982
S. 32
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19, 1984; No. 2, 1985
S. 33
am. No. 15, 1912
rs. No. 54, 1981
am. No. 51, 1982; No. 19, 1984; No. 2, 1985
S. 33A
ad. No. 51, 1982
am. No. 19, 1984; No. 2, 1985; No. 104, 1987
S. 34
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19, 1984; No. 2, 1985
S. 35
am. Nos. 19 and 92, 1947; No. 54, 1981; No. 51, 1982; No. 2, 1985;
No. 104, 1987
S. 35AA
ad. No. 12, 1966
am. No. 216, 1973; No. 1, 1979; No. 84, 1983; No. 19, 1984; No. 2,
1985
S. 35A

ad. No. 15, 1912
am. No. 42, 1915; No. 47, 1920; No. 1, 1969; No. 1, 1979; No. 51,
1982; No. 19, 1984; No. 2, 1985; No. 104, 1987
S. 36
am. No. 15, 1912; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51,
1982; No. 19, 1984
S. 37
am. No. 51, 1982
S. 38
am. No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51,
1982; No. 19, 1984
S. 39
am. No. 54, 1981; No. 51, 1982
S. 40
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 42
am. No. 92, 1947; No. 2, 1985
S. 43
am. No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19,
1984
S. 44
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
Ss. 44A, 44B
ad. No. 54, 1981
am. No. 51, 1982; No. 19, 1984
Ss. 44C, 44D
ad. No. 54, 1981
S. 45
am. No. 42, 1915; No. 47, 1920; No. 92, 1947; No. 1, 1969; No. 1,
1979; No. 51, 1982; No. 19, 1984
S. 46
am. No. 51, 1982; No. 141, 1987
S. 46A
ad. No. 1, 1969
am. No. 1, 1979; No. 19, 1984
S. 47
am. No. 51, 1982
S. 48
am. No. 1, 1969; Nos. 1 and 105, 1979; No. 54, 1981; No. 19, 1984;
No. 2, 1985
S. 48A
ad. No. 54, 1981
S. 49
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 50
am. No. 15, 1912; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51,
1982; No. 19, 1984
S. 51
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 52
am. No. 47, 1920; No. 1, 1969; No. 1, 1979
rs. No. 54, 1981
S. 52A
ad. No. 51, 1982
S. 53
am. No. 15, 1912
rs. No. 54, 1981
S. 54
rs. No. 54, 1981
S. 55
rep. No. 54, 1981
S. 55A
ad. No. 15, 1912
am. No. 1, 1969; No. 216, 1973 (as am. by No. 20, 1974); No. 54,
1981; No. 51, 1982; No. 104, 1987
S. 56
am. No. 15, 1912; No. 92, 1947; No. 54, 1981
S. 57
am. No. 92, 1947
rep. No. 105, 1979
S. 58
am. No. 15, 1912; No. 47, 1920
S. 58A
ad. No. 51, 1982
S. 59
rs. No. 15, 1912
am. No. 47, 1920; No. 54, 1981; No. 51, 1982; No. 2, 1985; No. 104,
1987
S. 59A
ad. No. 15, 1912
am. No. 47, 1920
S. 59B
ad. No. 15, 1912
S. 61
am. No. 51, 1982
S. 64
am. No. 15, 1912; No. 47, 1920; No. 1, 1979
S. 66
am. No. 1, 1979
S. 67
am. No. 19, 1947; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19,
1984
S. 67A
ad. No. 92, 1947
am. No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 19, 1984
S. 68
am. No. 19, 1947; No. 1, 1969; No. 54, 1981
S. 68A
ad. No. 19, 1947
am. No. 54, 1981
S. 69A
ad. No. 105, 1979
am. No. 54, 1981; No. 19, 1984
S. 70
am. No. 92, 1947; No. 61, 1961; No. 1, 1969; No. 1, 1979; No. 54,
1981; No. 19, 1984; No. 2, 1985
S. 70AA
ad. No. 51, 1982
am. No. 19, 1984; No. 2, 1985
S. 70A
ad. No. 105, 1979
am. No. 51, 1982; No. 19, 1984; No. 141, 1987
S. 70B
ad. No. 54, 1981
Ss. 70C, 70D
ad. No. 54, 1981
am. No. 19, 1984
S. 71
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 72
am. No. 15, 1912
rs. No. 61, 1961
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984
S. 73
am. No. 42, 1915; No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19,
1984
S. 74
am. No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19,
1984
S. 74AA
ad. No. 54, 1981
am. No. 51, 1982; No. 19, 1984; No. 2, 1985
S. 74AB
ad. No. 54, 1981
am. No. 51, 1982
S. 74A
ad. No. 105, 1979
am. No. 54, 1981; No. 51, 1982
S. 74B
ad. No. 105, 1979
am. No. 19, 1984
S. 74BA
ad. No. 19, 1984
S. 74C
ad. No. 105, 1979
am. No. 19, 1984
S. 74D
ad. No. 54, 1981
am. No. 51, 1982; No. 19, 1984
S. 74E
ad. No. 54, 1981
am. No. 19, 1984
S. 75
am. No. 47, 1920; No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 19,
1984 (as am. by No. 165, 1984)
S. 75A
ad. No. 54, 1981
am. No. 19, 1984; No. 2, 1985
S. 75B
ad. No. 54, 1981
S. 76
am. No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 77
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 78
am. No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 78A
ad. No. 15, 1912
am. No. 42, 1915; No. 92, 1947; No. 1, 1969; No. 1, 1979; No. 54,
1981; No. 51, 1982; No. 19, 1984; No. 104, 1987
S. 78B
ad. No. 54, 1981
am. No. 19, 1984
S. 79
am. No. 1, 1969; No. 1, 1979
S. 80
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 81
am. No. 47, 1920; No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 82
am. No. 1, 1969; No. 1, 1979; No. 19, 1984
S. 83
am. No. 1, 1969; No. 1, 1979; No. 51, 1982; No. 19, 1984; No. 104,
1987
S. 84
am. No. 1, 1969; No. 1, 1979; No. 51, 1982
S. 85
rep. No. 80, 1950
ad. No. 1, 1969
am. No. 1, 1979; No. 19, 1984
S. 86
rep. No. 80, 1950
S. 86A
ad. No. 15, 1912
S. 86B
ad. No. 15, 1912
rep. No. 1, 1969
ad. No. 51, 1982
S. 86C
ad. No. 15, 1912
S. 86D
ad. No. 47, 1920
S. 86E
ad. No. 47, 1920
am. No. 1, 1969; No. 1, 1979
rs. No. 19, 1984
am. No. 99, 1988
S. 87
am. No. 15, 1912; No. 42, 1915; No. 47, 1920; No. 30, 1924; No. 92,
1947; No. 1, 1969; No. 1, 1979; No. 54, 1981; No. 51, 1982; No. 19,
1984; No. 2, 1985; No. 104, 1987

QUARANTINE ACT 1908 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

PART I-INTRODUCTORY

1. Short title

2. Commencement

2A. Power to supersede Quarantine measures under State Acts

2B. Proclamation in event of epidemic

4. Scope of quarantine

5. Interpretation

6. Extension of Act to Cocos Islands

7. No appropriation

PART II-ADMINISTRATION

8A. Officers responsible for human quarantine

8B. Officers responsible for animal and plant quarantine

9. Appointment of officers responsible for human quarantine

9AA. Appointment of officers responsible for animal and plant quarantine

9A. Temporary quarantine officers

10. Delegation of authority

10A. Revocation of delegation

10B. Delegation by Director of Quarantine

11. Arrangements with State Governments to aid in carrying out this Act

PART III-GENERAL PROVISIONS

12. Proclaimed places

12A. Minister may take measures for the diagnosis of quarantinable disease
etc.

12B. Laboratories etc.

13. Proclamation of ports of entry etc.

13A. Emergency quarantine grounds

14. Exemption of certain vessels and goods

14A. Exemptions pursuant to Torres Strait Treaty

15. Vessels may be ordered to carry disinfecting apparatus

15A. Disinfecting apparatus to be carried on vessels

16. Cleansing etc. of vessels

16AA. Certain resources installations to be part of Australia

16AAA. Certain sea installations to be part of Australia

16AB. Certain goods deemed to be imported into Australia

PART IV-QUARANTINE OF VESSELS, PERSONS AND GOODS

Division 1A-Application

16A. Part applies to animals and plants

Division 1-Liability to Quarantine

17. Vessels or installation subject to quarantine

18. Persons and goods subject to quarantine

19. Revival of quarantine

19A. Continuance of liability to quarantine

20. Vessels to enter certain ports

20A. Landing places for aircraft

20AA. Permission to enter place other than first port of entry

20B. Prohibition of entry by air from proclaimed places

20C. Aircraft landing at places other than landing places

21. Quarantine signals on vessels and installations

22. Notification of outbreak of a disease

23. Signal

24. Unauthorised person not to board or approach vessel or installation

25. When required vessel to be brought to

25A. Boarding of installations

26. Limit in port for vessels subject to quarantine

26A. Vessels to be brought to mooring grounds

27. Health reports

28. Master and medical officer to answer questions

29. No person to be allowed to quit vessel or installation subject to
quarantine

30. Persons prohibited from quitting vessels, installations and quarantine
areas

31. Apprehension of persons liable to quarantine

32. Mooring of vessels from proclaimed places

33. Pratique

33A. Grant of pratique to installations

34. Quarantine surveillance

Division 2-Performance of Quarantine

35. Order to perform quarantine

35AA. Medical examination for possible pulmonary tuberculosis

35A. Vessel or installation having a communicable disease on board

36. Master, when so ordered, to convey vessel or installation into
quarantine

37. When vessel or installation deemed to be in quarantine

38. Particulars to be given

39. Performance of quarantine by vessel or installation

40. Vessel or installation in quarantine not to be moved except in
accordance with Act

41. Removal from vessel to perform quarantine

42. Power to permit vessel to proceed on voyage

43. Cleansing and disinfecting vessels and installations

44. Goods not to be removed

44A. Removal from vessels or installations of goods in quarantine

44B. Landed cargo in quarantine

44C. Examination of goods on importation

44D. Examination of imported goods

45. Performance of quarantine by persons

46. Release from quarantine

46A. Approval of places for the performance of quarantine by goods

47. Performance of quarantine by goods

48. Goods ordered into quarantine

48A. Abandoned goods may be destroyed

49. Unlawful damage by officers

PART V-QUARANTINE OF ANIMALS AND PLANTS

50. Animals or plants to be landed at declared port

51. Quarantine control of imported animals

52. Examination of animals on importation

52A. Examination of animals or plants on installations

53. Examination of plants on importation

54. Examination of imported animals and plants

55A. Power to order goods into quarantine

56. Performance of quarantine

58. Power to destroy diseased plants

PART VI-EXPENSES OF QUARANTINE

58A. Interpretation

59. Liability of owner etc. for expenses of quarantine

59A. Liability for costs of disinfection etc.

59B. Security for carrying out responsibilities

60. Liability of ship-owners as to pilotage

61. Liability of owners etc. for expenses of passages

62. Persons in quarantine able to support themselves

63. Owners of vessel quarantined liable for services of medical officer

64. Quarantine expenses in case of animals and plants

65. Expenses to be a charge upon vessel

66. Recovery of expenses

PART VII-MISCELLANEOUS

67. Penalty for importing etc. contrary to proclamation

67A. Liability of master or owner of vessel for importation of prohibited
animals

68. Forfeiture of animals, plants etc. unlawfully imported etc.

68A. Destruction of certain animals

69. Seizure of forfeited animals etc.

69A. Compensation for destroyed goods

70. Powers of inspection

70AA. Inspection of installations

70A. Power to search baggage

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

71. Boarding vessel or installation

72. Medical inspections and examinations

73. Quarantine officer may make inquiries at any time

74. Power to affix notices

74AA. Quarantine information to be given to travellers to Australia

74AB. Entry to premises for purposes of examinations

74A. Quarantine Warrants etc.

74B. Power to search premises for documents

74BA. Powers of search relating to domestic animals in the Cocos Islands

74C. Obstruction of officers and non-compliance with directions

74D. Powers relating to vehicles

74E. Persons to assist officers

75. Persons may be vaccinated

75A. Vessels involved in certain offences

75B. Animals on boats

76. Trespassing on quarantine stations

77. Pilot to incur penalty on wrongly conducting vessel

78. Penalty for entering port, other than first port of entry, having
disease on board

78A. Cleansing and disinfection of insanitary vessels or installations

78B. Mooring of insanitary vessels

79. Offences as to documents

80. Penalty for desertion

81. Bribing, assaulting, obstructing, or intimidating officers

82. Officers taking bribes

83. Master, medical officer or agent misleading quarantine officer

84. Maliciously ordering vessels etc. into quarantine

85. Proceedings in respect of offences

86A. Venue in summary prosecution

86B. Jurisdiction of courts

86C. Power to administer oaths or take declarations

86D. Averment of prosecution sufficient

86E. Fees

87. Regulations

QUARANTINE ACT 1908 - LONG TITLE

SECT

An Act relating to Quarantine

QUARANTINE ACT 1908 - PART I
PART I-INTRODUCTORY

QUARANTINE ACT 1908 - SECT 1
Short title

SECT

1. This Act may be cited as the Quarantine Act 1908.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

QUARANTINE ACT 1908 - SECT 2
Commencement

SECT

2. This Act shall commence on a day to be fixed by proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

QUARANTINE ACT 1908 - SECT 2A
Power to supersede Quarantine measures under State Acts

SECT

2A.(1) Whenever the Governor-General is satisfied that an emergency exists which makes it necessary to do so, he may, by proclamation, declare that any or all measures of quarantine prescribed by or under any State Act shall, for such period as is specified in the proclamation, cease to have effect, and such measure shall thereupon cease to have effect accordingly.
(2) The Governor-General may at any time revoke or vary any such proclamation.

QUARANTINE ACT 1908 - SECT 2B
Proclamation in event of epidemic

SECT

2B.(1) Where the Governor-General is satisfied that an epidemic caused by a quarantinable disease or danger of such an epidemic exists in a part of the Commonwealth, the Governor-General may, by proclamation, declare the existence in that part of the Commonwealth of that epidemic or of the danger of that epidemic.
(2) Upon the issue of a proclamation under subsection (1) the Minister may, during the period the proclamation remains in force, give such directions and take such action as he thinks necessary to control and eradicate the epidemic, or to remove the danger of the epidemic, by quarantine measures or measures incidental to quarantine.
(3) A person who refuses or fails to comply with any direction given under subsection (2), or who hinders or obstructs the taking of any action under that subsection, shall be guilty of an offence.
(4) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.

QUARANTINE ACT 1908 - SECT 4
Scope of quarantine

SECT

4. In this Act, Quarantine has relation to measures for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation, and disinfection of vessels, installations, persons, goods, things, animals, or plants, and having as their object the prevention of the introduction or spread of diseases or pests affecting human beings, animals, or plants.

QUARANTINE ACT 1908 - SECT 5
Interpretation

SECT

5.(1) In this Act, unless the contrary intention appears:
'Adjacent area' means an adjacent area in respect of a State, of the Northern Territory of the Territory of Ashmore and Cartier Islands or of the Territory of the Cocos Islands, as determined in accordance with section 5 of the Sea Installations Act;
'Animal' includes a dead animal and any part of an animal;
'Area in the vicinity of the Protected Zone' means an area in respect of which a notice is in force under subsection (8);
'Australian installation' means:
(a) an Australian resources installation; or
(b) an Australian sea installation;
'Australian resources installation' means an installation that is deemed to be part of Australia because of the operation of section 16AA;
'Australian seabed' means so much of the seabed adjacent to Australia as is:
(a) within the area comprising:
(i) the areas described in Schedule 2 to the Petroleum
(Submerged Lands) Act 1967; and
(ii) the Coral Sea area; and
(b) part of:
(i) the continental shelf of Australia;
(ii) the seabed beneath the territorial sea of Australia
(including the territorial sea adjacent to any island forming
part of Australia); or
(iii) the seabed beneath waters of the sea that are on the
landward side of the territorial sea of Australia and are not
within the limits of a State or Territory;
'Australian sea installation' means a sea installation that is deemed to be part of Australia because of the operation of section 16AAA;
'Australian vessel' means a vessel which does not voyage or ply to or from any place outside Australia;
'Australian waters' means:
(a) in relation to a resources installation-waters above the
Australian seabed; and
(b) in relation to a sea installation-waters comprising all of the
adjacent areas and the coastal area;
'Authorized person' means a person authorized by this Act or the regulations, or by the Minister or a quarantine officer, to do the act in relation to which the expression is used;
'Brought into physical contact' has the same meaning as in the Sea Installations Act;
'By authority' means by the authority of the Minister, or of a quarantine officer, or of an officer under this Act doing duty in the matter in relation to which the expression is used;
'Chief Quarantine Officer' means:
(a) where the expression is used in a context that relates only to
human quarantine-a Chief Quarantine Officer (Human Quarantine);
(b) where the expression is used in a context that relates only to
animals-a Chief Quarantine Officer (Animals);
(c) where the expression is used in a context that relates only to
plants-a Chief Quarantine Officer (Plants); or
(d) in any other case-a Chief Quarantine Officer (Human Quarantine), a
Chief Quarantine Officer (Animals) or a Chief Quarantine Officer (Plants);
'Coastal area' has the same meaning as in the Customs Act 1901;
'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;
'Continental Shelf' has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;
'Coral Sea area' has the same meaning as in the Petroleum (Submerged Lands) Act 1967;
'Director of Quarantine' means:
(a) where the expression is used in a context that relates only to
human quarantine-the Director of Human Quarantine;
(b) where the expression is used in a context that relates only to
animals or plants or both-the Director of Animal and Plant Quarantine; or
(c) in any other case-the Director of Human Quarantine or the Director
of Animal and Plant Quarantine;
'Disease' in relation to animals, means glanders, farcy, pleuro-pneumonia contagiosa, foot and mouth disease, rinderpest, anthrax, Texas or tick fever, hog cholera, swine plague, mange, scab, surra, dourine, rabies, tuberculosis, actinomycosis, variola ovina, or any disease, parasite or pest declared by the Governor-General by proclamation to be a disease affecting animals;
'Disease', in relation to plants, means any disease, pest or plant declared by the Governor-General by proclamation, or by the Minister by notice published in the Gazette, to be a disease or pest affecting plants or a noxious plant;
'Environment related activity' has the same meaning as in the Sea Installations Act;
'Examine' includes:
(a) in relation to an animal-carry out tests on, take samples from, or
carry out a veterinary 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;
'First port of entry' in relation to a vessel means a first port of entry for that vessel;
'First Cocos Islands port of entry', in relation to a vessel, means a first port of entry in the Cocos Islands for that vessel;
'Goods' includes animals and plants and any other kind of movable property;
'Imported', in relation to an animal, a plant or other goods, means imported into Australia or into the Cocos Islands;
'Installation' means:
(a) a resources installation; or
(b) a sea installation;
'Landing place' means any place declared by proclamation to be a landing place for vessels engaged in navigation by air;
'Master' means:
(a) in relation to a vessel-the person (other than a ship's pilot) in
charge or command of the vessel; and
(b) in relation to an installation-the person (other than a ship's
pilot) in charge or command of the installation;
'Medical Officer' in relation to a vessel means any person on the vessel acting as the medical officer, doctor, or surgeon of the vessel;
'Natural resources' means the mineral and other non-living resources of the seabed and its subsoil;
'Officer' means a quarantine officer or other officer appointed under this Act;
'Overseas installation' means:
(a) an overseas resources installation; or
(b) an overseas sea installation;
'Overseas resources installation' means a resources installation that:
(a) is in Australian waters; and
(b) has been brought into Australian waters from a place (including a
place at sea) outside the outer limits of Australian waters for the purpose of becoming attached to the Australian seabed;
but does not include an Australian resources installation;
'Overseas sea installation' means a sea installation that:
(a) is in an adjacent area or a coastal area;
(b) has been brought into the adjacent area or coastal area, as the
case may be, from a place outside the outer limits of Australian waters;
but does not include an Australian sea installation;
'Oversea vessel' means any vessel other than:
(a) an Australian vessel; or
(b) a Cocos Islands vessel;
'Package' includes every means by which plants are cased, covered, enclosed, contained, or packed for carriage;
'Pest' includes 'weed pest' and 'insect pest';
'Plant' includes a dead plant and any part of a plant;
'Port' includes landing place;
'Port of departure' in relation to a vessel means the port at which the vessel commenced its current voyage;
'Pratique' means:
(a) in relation to a vessel-pratique granted by a quarantine officer
since the last arrival of the vessel from:
(i) in the case of a vessel in, or about to arrive in,
Australia-places outside Australia; or
(ii) in the case of a vessel in, or about to arrive in, the
Cocos Islands-places outside the Cocos Islands;
and having effect at the port where the vessel is for the time being or is about to arrive; and
(b) in relation to an overseas installation-pratique granted by a
quarantine officer since the last arrival of the installation from a place (including a place at sea) outside the outer limits of Australian waters and having effect in the place (including a place at sea) where the installation is for the time being or is about to be taken;
'Protected Zone' means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty;
'Protected Zone vessel' means a vessel of a kind used in navigation by sea that is owned or operated by a traditional inhabitant;
'Quarantinable disease' means plague, cholera, yellow fever, typhus fever, or leprosy, or any disease declared by the Governor-General, by proclamation, to be a quarantinable disease;
'Quarantine area' means any part of the Commonwealth or the Cocos Islands which, in pursuance of this Act, is declared to be a quarantine area;
'Quarantine officer' means:
(a) where the expression is used in a context that relates only to
human quarantine-a quarantine officer (human quarantine);
(b) where the expression is used in a context that relates only to
animals-a quarantine officer (animals);
(c) where the expression is used in a context that relates only to
plants-a quarantine officer (plants); or
(d) in any other case-a quarantine officer (human quarantine), a
quarantine officer (animals) or a quarantine officer (plants);
'Resources installation' means:
(a) a resources industry fixed structure within the meaning of
subsection (3); or
(b) a resources industry mobile unit within the meaning of subsection
(4);
'Sea installation' has the same meaning as in the Sea Installations Act;
'Sea Installations Act' means the Sea Installations Act 1987;
'Torres Strait Treaty' means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978;
'Traditional activities' has the same meaning as in the Torres Strait Treaty; 'Traditional inhabitants' has the same meaning as in the Torres Strait Fisheries Act 1984;
'Unauthorized person' means a person not authorized by this Act or the Regulations, or by the Minister or a quarantine officer, to do the act in relation to which the expression is used;
'Vessel' means any ship, boat, or other description of vessel or vehicle used in navigation by sea or air, and includes an off-shore industry mobile unit (being an overseas installation) that is bound for, or is at, a port.
(2) Where 2 or more persons are, or behave as if they are, in charge of a vessel or installation, 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 or installation, but, where a notice or other document is required by this Act to be served on the master of the vessel or installation, it is sufficient compliance with that requirement if the document is served on one of those persons.
(3) A reference in this Act to a resources industry fixed structure shall be read as a reference to a structure (including a pipeline) that:
(a) is not able to move or be moved as an entity from one place to another;
and
(b) is used or is to be used off-shore in or in any operations or activities
associated with, or incidental to, exploring or exploiting natural resources.
(4) A reference in this Act to a resources industry mobile unit shall be read as a reference to:
(a) a vessel that is used or is to be used wholly or principally in:
(i) exploring or exploiting natural resources by drilling the seabed
or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or
(ii) operations or activities associated with, or incidental to,
activities of the kind referred to in subparagraph (i); or
(b) a structure (not being a vessel) that:
(i) is able to float or be floated;
(ii) is able to move or be moved as an entity from one place to
another; and
(iii) is used or is to be used off-shore wholly or principally in:
(A) exploring or exploiting natural resources by drilling the
seabed or its subsoil with equipment on or forming part of the
structure or by obtaining substantial quantities of material
from the seabed or its subsoil with equipment of that kind; or
(B) operations or activities associated with, or incidental to,
activities of the kind referred to in subsubparagraph (A).
(5) A vessel of a kind referred to in paragraph (4) (a) or a structure of a kind referred to in paragraph (4) (b) shall not be taken not to be a resources industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.
(6) The reference in subparagraph (4) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (4) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in:
(a) transporting persons or goods to or from a resources installation; or
(b) manoeuvring a resources installation, or in operations relating to the
attachment of a resources installation to the Australian seabed.
(7) A resources installation shall be taken to be attached to the Australian seabed if:
(a) the installation:
(i) is in physical contact with, or is brought into physical contact
with, a part of the Australian seabed; and
(ii) is used or is to be used, at that part of the Australian seabed,
wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or
(b) the installation:
(i) is in physical contact with, or is brought into physical contact
with, another resources installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and
(ii) is used or is to be used, at the place where it is brought into
physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.
(7A) Subject to subsection (7C), for the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area if:
(a) the installation is in, or is brought into, physical contact with a part
of the seabed in the adjacent area; or
(b) the installation is in, or is brought into, physical contact with
another sea installation that is to be taken to be installed in the adjacent area because of paragraph (a).
(7B) For the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area at a particular time if the whole or part of the installation:
(a) is in that adjacent area at that time; and
(b) has been in a particular locality:
(i) that is circular and has a radius of 20 nautical miles; and
(ii) the whole or part of which is in that adjacent area;
for:
(iii) a continuous period, of at least 30 days, that immediately
precedes that time; or
(iv) one or more periods, during the 60 days that immediately precede
that time, that in sum amount to at least 40 days.
(7C) Where a sea installation, being a ship or an aircraft:
(a) is brought into physical contact with a part of the seabed in an
adjacent area; or
(b) is in, or is brought into, physical contact with another sea
installation that is to be taken to be installed in an adjacent area;
for less than:
(c) in the case of a ship, or an aircraft, registered under the law of a
foreign country-30 days; or
(d) in any other case-5 days;
it shall not be taken to be installed in that adjacent area under subsection (7A).
(7D) A sea installation shall not be taken to be installed in an adjacent area for the purposes of this Act unless it is to be taken to be so installed under this section.
(7E) Subject to subsection (7G), for the purposes of this Act, a sea installation shall be taken to be installed in a coastal area if:
(a) the installation is in, or is brought into, physical contact with a part
of the seabed in the coastal area; or
(b) the installation is in, or is brought into, physical contact with
another sea installation that is to be taken to be installed in the coastal area because of paragraph (a).
(7F) For the purposes of this Act, a sea installation (other than an installation installed in an adjacent area) shall be taken to be installed in a coastal area at a particular time if the whole or part of the installation:
(a) is in that coastal area at that time; and
(b) has been in a particular locality:
(i) that is circular and has a radius of 20 nautical miles; and
(ii) the whole or part of which is in that coastal area;
for:
(iii) a continuous period, of at least 30 days, that immediately
precedes that time; or
(iv) one or more periods, during the 60 days that immediately precede
that time, that in sum amount to at least 40 days.
(7G) Where a sea installation, being a ship or an aircraft:
(a) is brought into physical contact with a part of the seabed in a coastal
area; or
(b) is in or is brought into, physical contact with another sea installation
that is to be taken to be installed in a coastal area;
for less than:
(c) in the case of a ship, or an aircraft, registered under the law of a
foreign country-30 days; or
(d) in any other case-5 days;
it shall not be taken to be installed in that adjacent area under subsection (7E).
(7H) A sea installation shall not be taken to be installed in a coastal area for the purposes of this Act unless it is to be taken to be so installed under this section.
(8) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone to be an area in the vicinity of the Protected Zone for the purposes of this Act.
(9) A vessel that enters a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone shall not be taken to be a Protected Zone vessel if the vessel had, at any time during the period of 3 months ending on the day on which the vessel so entered Australia, voyaged to or from a place (other than a place in Australia) that is outside:
(a) the Protected Zone; and
(b) any area in the vicinity of the Protected Zone.

QUARANTINE ACT 1908 - SECT 6
Extension of Act to Cocos Islands

SECT

6. This Act extends to the Cocos Islands.

QUARANTINE ACT 1908 - SECT 7
No appropriation

SECT

7. Nothing in this Act shall be taken to be an appropriation of any public moneys.

QUARANTINE ACT 1908 - PART II
PART II-ADMINISTRATION

QUARANTINE ACT 1908 - SECT 8A
Officers responsible for human quarantine

SECT

8A.(1) There shall be a Director of Human Quarantine, who shall, under the Minister, be charged with the execution of this Act, and any regulations and proclamations in force under this Act, in relation to human quarantine.
(2) There shall be such Chief Quarantine Officers (Human Quarantine) for such divisions of human quarantine as the Minister determines in writing.
(3) All Chief Quarantine Officers (Human Quarantine) shall perform their functions and exercise their powers under, and subject to the directions of, the Director of Human Quarantine.
(4) The Director of Human Quarantine has all the functions and powers of a Chief Quarantine Officer (Human Quarantine) or of a quarantine officer (human quarantine) under this Act and the regulations and proclamations referred to in subsection (1).
(5) A Chief Quarantine Officer (Human Quarantine) has all the functions and powers of a quarantine officer (human quarantine) under this Act and the regulations and proclamations referred to in subsection (1).
(6) Each quarantine officer (human quarantine) shall perform functions or exercise powers under, and subject to the directions of, the Chief Quarantine Officer (Human Quarantine) for the division or divisions of quarantine for which that quarantine officer (human quarantine) is appointed.
(7) For the purposes of this section, any branch or subject of quarantine in relation to human beings and a territorial division or locality shall be a division of quarantine.

QUARANTINE ACT 1908 - SECT 8B
Officers responsible for animal and plant quarantine

SECT

8B.(1) There shall be a Director of Animal and Plant Quarantine, who shall, under the Minister, be charged with the execution of this Act, and any regulations and proclamations in force under this Act, in relation to animal and plant quarantine.
(2) There shall be such Chief Quarantine Officers (Animals) and Chief Quarantine Officers (Plants) for such divisions of animal quarantine and plant quarantine, respectively, as the Minister determines in writing.
(3) All Chief Quarantine Officers (Animals) and Chief Quarantine Officers (Plants) shall perform their functions and exercise their powers under, and subject to the directions of, the Director of Animal and Plant Quarantine.
(4) The Director of Animal and Plant Quarantine has all the functions and powers of a Chief Quarantine Officer (Animals), of a Chief Quarantine Officer (Plants), of a quarantine officer (animals) and of a quarantine officer (plants) under this Act and the regulations and proclamations referred to in subsection (1).
(5) A Chief Quarantine Officer (Animals) has all the functions and powers of a quarantine officer (animals) under this Act and the regulations and proclamations referred to in subsection (1) and a Chief Quarantine Officer (Plants) has all the functions and powers of a quarantine officer (plants) under this Act and the regulations and proclamations referred to in subsection (1).
(6) Each quarantine officer (animals) or quarantine officer (plants) shall perform functions or exercise powers under, and subject to the directions of, the Chief Quarantine Officer for the division or divisions of quarantine for which that quarantine officer (animals) or quarantine officer (plants) is appointed.
(7) For the purposes of this section, any branch or subject in relation to animals or plants and a territorial division or locality shall be a division of quarantine.

QUARANTINE ACT 1908 - SECT 9
Appointment of officers responsible for human quarantine

SECT

9.(1) The Director of Human Quarantine and the Chief Quarantine Officers (Human Quarantine) shall be appointed by the Minister by writing.
(2) The Director of Human Quarantine may, by writing, appoint a person to be a quarantine officer (human quarantine).
(3) A quarantine officer (human quarantine) shall be appointed to a division or divisions of quarantine for which a Chief Quarantine Officer (Human Quarantine) is appointed.

QUARANTINE ACT 1908 - SECT 9AA
Appointment of officers responsible for animal and plant quarantine

SECT

9AA.(1) The person for the time being holding, or performing the duties of, the office of Secretary to the Department that deals with animal and plant quarantine shall be the Director of Animal and Plant Quarantine.
(2) The Chief Quarantine Officers (Animals) and the Chief Quarantine Officers (Plants) shall be appointed by the Minister by writing.
(3) The Director of Animal and Plant Quarantine may, by writing, appoint a person to be a quarantine officer (animals) or a quarantine officer (plants).
(4) A quarantine officer (animals) or a quarantine officer (plants) shall be appointed to a division or divisions of quarantine for which a Chief Quarantine Officer (Animals) or a Chief Quarantine Officer (Plants), as the case may be, is appointed.

QUARANTINE ACT 1908 - SECT 9A
Temporary quarantine officers

SECT

9A.(1) The Director of Quarantine may, by writing signed by him, appoint temporary quarantine officers for such period as he thinks necessary.
(1A) Where the Governor-General has, in pursuance of section 2B, declared the existence of an epidemic or the danger of an epidemic in any part of the Commonwealth, any person thereto authorized in writing by the Director of Quarantine may, either orally or in writing, authorize any person to act during any specified period as a temporary quarantine officer in that part of the Commonwealth.
(1B) A temporary quarantine officer appointed under subsection (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.
(2) Temporary quarantine officers shall, for the period of their appointment or authority to act, have all the powers of a quarantine officer appointed under section 9.
(3) Any appointment made or authority given in pursuance of this section shall not confer on the person appointed or authorized any claim to be permanently appointed in any capacity.
(4) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.

QUARANTINE ACT 1908 - SECT 10
Delegation of authority

SECT

10. In relation to any particular matter or class of matters, or as to any particular State, Territory, installation or port, the Minister may by writing under his hand delegate any of his powers under this Act (except this power of delegation) so that the delegated powers may be exercised by the delegate with respect to the matter or class of matters, or the State, Territory, installation or port specified in the instrument of delegation.

QUARANTINE ACT 1908 - SECT 10A
Revocation of delegation

SECT

10A. Every delegation by the Minister shall be revocable in writing at will and no delegation shall prevent the exercise of any power by the Minister.

QUARANTINE ACT 1908 - SECT 10B
Delegation by Director of Quarantine

SECT

10B.(1) A Director of Quarantine may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Director of Quarantine, delegate to a person all or any of the powers of that Director of Quarantine under this Act, the regulations or any proclamation or other instrument under this Act or the regulations, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Director of Quarantine by whom the power was delegated.
(3) A delegation under this section does not prevent the exercise of a power by a Director of Quarantine.

QUARANTINE ACT 1908 - SECT 11
Arrangements with State Governments to aid in carrying out this Act

SECT

11. The Governor-General may enter into an arrangement with the Governor of any State in respect of all or any of the following matters:
(a) The use of any State quarantine station or other place as a quarantine
station under this Act, and the control and management of any such quarantine station;
(b) Any matters necessary or convenient to be arranged in order to enable
the Commonwealth quarantine authorities and the State health or other authorities to act in aid of each other in preventing the introduction or spread of diseases affecting man, animals, or plants.

QUARANTINE ACT 1908 - PART III
PART III-GENERAL PROVISIONS

QUARANTINE ACT 1908 - SECT 12
Proclaimed places

SECT

12. The Governor-General may, by proclamation, declare that any place beyond or in Australia is infected with a quarantinable disease, or that a quarantinable disease may be brought or carried from or through that place, and thereupon, and so long as the proclamation remains in force, that place shall be a proclaimed place within the meaning of this Act.

QUARANTINE ACT 1908 - SECT 12A
Minister may take measures for the diagnosis of quarantinable disease etc.

SECT

12A. (1) Where, in the opinion of the Minister, an emergency has arisen which requires the taking of action not otherwise authorized by this Act, he may take such quarantine measures, or measures incidental to quarantine, as he thinks necessary or desirable for the diagnosis, prevention and treatment of any quarantinable disease.
(2) A person who refuses or fails to comply with a direction given in pursuance of subsection (1), or who hinders or obstructs the taking of any action under that subsection, shall be guilty of an offence against this Act punishable upon conviction by a fine not exceeding $100,000 or imprisonment for a period not exceeding 10 years, or both.

QUARANTINE ACT 1908 - SECT 12B
Laboratories etc.

SECT

12B. The Minister may establish and use laboratories and facilities for the diagnosis of disease for purposes of, or incidental to, quarantine and may:
(a) lease, rent, purchase or erect premises; or
(b) enter into an agreement with any State or with any hospital authority
for the use of buildings;
for the purpose of any such diagnosis.

QUARANTINE ACT 1908 - SECT 13
Proclamation of ports of entry etc.

SECT

13.(1) The Governor-General may, by proclamation:
(a) declare any ports in Australia to be first ports of entry for oversea
vessels;
(aaa) declare any ports in the Cocos Islands to be first Cocos Islands ports
of entry for oversea vessels;
(aa) declare any place or area in Australia or the Cocos Islands to be a
landing place for vessels engaged in navigation by air;
(b) declare any ports in Australia or the Cocos Islands to be ports where
imported animals and plants or any particular kinds of imported animals or plants may be landed;
(c) appoint places on land or sea to be quarantine stations for the
performance of quarantine by vessels, persons, goods, animals, or plants;
(d) prohibit the introduction into Australia, or prohibit the introduction
into the Cocos Islands, of any noxious insect, or any pest, or any disease germ or microbe, or any disease agent, or any culture virus or substance or article containing, or likely to contain, any noxious insect, pest, disease germ, microbe, or disease agent;
(e) prohibit the importation into Australia, or prohibit the importation
into the Cocos Islands, of any articles likely, in his opinion, to introduce any infectious or contagious disease, or disease or pest affecting persons, animals or plants;
(f) prohibit the importation into Australia, or prohibit the importation
into the Cocos Islands, of any animals or plants, or any parts of animals or plants;
(fa) prohibit the bringing into any port or place in Australia or the Cocos
Islands of any animals;
(g) prohibit the removal of any animals, plants or goods, or parts of
animals or plants from any part of the Commonwealth to any other part of the Commonwealth or from any part of the Cocos Islands to any other part of the Cocos Islands;
(h) declare any part of the Commonwealth or of the Cocos Islands in which
any quarantinable disease or any disease or pest affecting animals or plants exists, or is suspected to exist, to be a quarantine area; or
(i) declare that any vessel, persons, animals, plants, or goods in any
quarantine area, or in any part of the Commonwealth or of the Cocos Islands in which any quarantinable disease, or any disease or pest affecting plants or animals, exists, or is suspected to exist, shall be subject to quarantine.
(1A) The power to declare first ports of entry shall extend to authorize the declaration of a port to be a first port of entry for all oversea vessels, or for oversea vessels from any particular place, or for any class of oversea vessels.
(1B) The power to declare first Cocos Islands ports 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.
(2) The power of prohibition under this section shall extend to authorize prohibition generally or with limitations as to place and subject matter, and either absolutely or subject to any specified conditions or restrictions.
(2A) A proclamation under subsection (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 a Director of Quarantine or by a person authorized in writing by a Director of Quarantine to grant such a permit.
(2B) A permit granted pursuant to a proclamation made in accordance with subsection (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.
(3) The powers conferred on the Governor-General by this section, in relation to the matters specified in paragraphs (g), (h), and (i) of subsection (1), so far as they relate to animals, plants or goods, or any disease or pest affecting animals or plants, shall only be exercised in relation to the Commonwealth in cases where the Governor-General is satisfied that the exercise of those powers is necessary for the purpose of preventing the spread of a quarantinable disease, or a disease or pest affecting animals or plants.
(4) Where there is in force a Proclamation (in this subsection referred to as the 'relevant Proclamation') under subsection (1) (whether made before or after the commencement of this subsection) prohibiting the importation into Australia of any articles, animals or plants, the Governor-General may, by Proclamation (in this subsection referred to as the 'exempting Proclamation'), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation articles, animals or plants of a kind specified in the exempting Proclamation, being articles, animals or plants that:
(a) are brought into a part of Australia that is in the Protected Zone or in
an area in the vicinity of the Protected Zone on board a Protected Zone vessel; and
(b) are owned by, or are under the control of, a traditional inhabitant who
is on board that vessel and have been used, are being used or are intended to be used by him in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone.
(5) A Proclamation made under subsection (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any articles, animals or plants specified in the Proclamation, being articles, animals or plants in respect of which an exemption may be granted under subsection (4).

QUARANTINE ACT 1908 - SECT 13A
Emergency quarantine grounds

SECT

13A. The Minister may appoint any place to be a temporary quarantine station for such period as he thinks necessary, for the performance of quarantine by any vessel, installation, persons, goods, animals, or plants, and the place so appointed shall be deemed to be a quarantine station accordingly.

QUARANTINE ACT 1908 - SECT 14
Exemption of certain vessels and goods

SECT

14. The Governor-General may exempt, for such time and subject to such conditions as he thinks fit, from all or any of the provisions of this Act:
(a) any ship of war;
(b) any vessels trading exclusively:
(i) between Australian ports;
(ia) between Australian ports and Australian installations;
(ii) between ports in the Cocos Islands;
(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;
(c) any particular vessel or class of vessels, and
(d) any persons, animals, plants, or goods.

QUARANTINE ACT 1908 - SECT 14A
Exemptions pursuant to Torres Strait Treaty

SECT

14A. (1) Without limiting the power of the Governor-General to grant exemptions under section 14, the Minister may, by notice published in the Gazette, exempt, subject to such conditions (if any) as are specified in the notice, from all of the provisions of this Act or the regulations or from so many of those provisions as are specified in the notice:
(a) any Protected Zone vessel that enters a part of Australia that is in the
Protected Zone or in an area in the vicinity of the Protected Zone, being a vessel:
(i) on board which there is at least one traditional inhabitant who is
entering that part of Australia in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone; and
(ii) no person on board which is a person other than:
(A) a person referred to in subparagraph (i); or
(B) an employee of the Commonwealth, of Queensland or of Papua
New Guinea or of an authority of the Commonwealth, of Queensland
or of Papua New Guinea who is entering that part of Australia in
connection with the performance of his duties;
(b) persons on board a vessel of the kind referred to in paragraph (a); or
(c) goods on board a vessel of the kind referred to in paragraph (a), being
goods that:
(i) are owned by, or are under the control of, a traditional
inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone; or
(ii) are the personal belongings of a person referred to in
subparagraph (a)(ii).
(2) An exemption granted under subsection (1) has effect only while the vessels, persons or goods in respect of which the exemption was granted remain in the Protected Zone or in an area in the vicinity of the Protected Zone.

QUARANTINE ACT 1908 - SECT 15
Vessels may be ordered to carry disinfecting apparatus

SECT

15.(1) The owner or master of any vessel going from one State or part of the Commonwealth to another State or part of the Commonwealth, or of any vessel carrying passengers and trading regularly with the Commonwealth, shall, if required by the Minister by order in writing so to do, cause to be carried on the vessel for such time as may be prescribed such prophylactic agents as are prescribed and efficient disinfecting apparatus or appliances and disinfectants approved by him.
Penalty:
(a) if the offender is a natural person-$5,000; or
(b) if the offender is a body corporate-$25,000.
(2) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.

QUARANTINE ACT 1908 - SECT 15A
Disinfecting apparatus to be carried on vessels

SECT

15A.(1) The master of any vessel, bound for any port or place in Australia or the Cocos Islands, which comes from or calls or touches at any proclaimed place, shall, while his vessel is at that proclaimed place and during the voyage to Australia or the Cocos Islands, take, in respect of the vessel her crew passengers and cargo, all prescribed precautionary measures to prevent the introduction into or spread within Australia or the Cocos Islands of any quarantinable disease.
(2) The master of any vessel who, having failed to comply with subsection (1), suffers his vessel to enter any port or place in Australia or the Cocos Islands, shall be guilty of an offence against this Act punishable upon conviction by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both.
(3) In any prosecution under this section, if the master of the vessel satifies the Court that he was not aware of the precautionary measures required to be taken by him, and that he took all reasonable means to ascertain whether any such measures were necessary on his part, he shall not be liable to any penalty.
(4) Where a vessel has arrived from a proclaimed place and the prescribed precautionary measures have not been taken, any prescribed measures for the prevention of the introduction or spread of any quarantinable disease may be carried out by a quarantine officer with respect to the vessel her crew passengers and cargo at the expense of the owner of the vessel.

QUARANTINE ACT 1908 - SECT 16
Cleansing etc. of vessels

SECT

16. (1) The owner or master of any Australian vessel or Cocos Islands vessel or of any vessel going from one port in the Commonwealth to another port in the Commonwealth shall, when required by a quarantine officer by order in writing so to do, cause his vessel to be cleansed, disinfected, fumigated or submitted to any specified process for the destruction of rats, mice, insects, or disease agents in the presence and to the satisfaction of an officer.
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.
(2) For the purposes of this section, the Cocos Islands shall be deemed to form part of the Commonwealth.

QUARANTINE ACT 1908 - SECT 16AA
Certain resources installations to be part of Australia

SECT

16AA.(1) For the purposes of this Act, where:
(a) an overseas resources installation has been attached to the Australian
seabed; and
(b) pratique has been granted to the installation or the installation has
been released from quarantine;
the installation shall, subject to subsection (3), be deemed to be part of Australia.
(2) For the purposes of this Act, a resources installation that:
(a) not being an overseas resources installation, becomes attached to the
Australian seabed after the commencement of this subsection; or
(b) is attached to the Australian seabed at the commencement of this
subsection;
shall, subject to subsection (3), be deemed to be part of Australia.
(3) A resources installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes for this Act, cease to be part of Australia if:
(a) the installation is detached from the Australian seabed, or from another
resources installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or
(b) after having been detached from the Australian seabed otherwise than for
the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

QUARANTINE ACT 1908 - SECT 16AAA
Certain sea installations to be part of Australia

SECT

16AAA.(1) For the purposes of this Act, where:
(a) an overseas sea installation has been installed in an adjacent area or
in a coastal area; and
(b) pratique has been granted to the installation or the installation has
been released from quarantine;
the installation shall, subject to subsection (3), be deemed to be part of Australia.
(2) For the purposes of this Act, a sea installation that:
(a) not being an overseas sea installation, becomes installed in an adjacent
area or in a coastal area after the commencement of this subsection; or
(b) is installed in an adjacent area or in a coastal area at the
commencement of this subsection;
shall, subject to subsection (3), be deemed to be part of Australia.
(3) A sea installation that is deemed to be part of Australia because of the operation of this section, shall, for the purposes of this Act, cease to be part of Australia if:
(a) the installation is detached from its location for the purpose of being
taken to a place outside the outer limits of Australian waters; or
(b) after having been detached from its location otherwise than for the
purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters.

QUARANTINE ACT 1908 - SECT 16AB
Certain goods deemed to be imported into Australia

SECT

16AB.(1) For the purposes of this Act, where an overseas resources installation becomes attached to the Australian seabed, any goods, animals or plants that are on board the installation at the time when it becomes so attached, not being goods, animals or plants that have been brought to the installation from a place in Australia, shall be deemed to be imported into Australia at that time.
(1A) For the purposes of this Act, where an overseas sea installation is installed in an adjacent area or in a coastal area, any goods, animals or plants that are on board the installation at the time when it becomes so installed, not being goods, animals or plants that have been brought to the installation from a place in Australia, shall be deemed to be imported into Australia at that time.
(2) For the purposes of this Act, where goods, animals or plants are taken from a place other than a place in Australia on to an Australian installation, the goods, animals or plants shall be deemed to have been imported into Australia at the time when they are taken on to the installation.

QUARANTINE ACT 1908 - PART IV
PART IV-QUARANTINE OF VESSELS, PERSONS AND GOODS

QUARANTINE ACT 1908 - DIVISION 1A
Division 1A-Application

QUARANTINE ACT 1908 - SECT 16A
Part applies to animals and plants

SECT

16A. Notwithstanding Part V, this Part applies in relation to animals and plants as well as in relation to other goods.

QUARANTINE ACT 1908 - DIVISION 1
Division 1-Liability to Quarantine

QUARANTINE ACT 1908 - SECT 17
Vessels or installation subject to quarantine

SECT

17. (1) The following vessels shall be subject to quarantine:
(a) Every oversea vessel until pratique has been granted or until she has
been released from quarantine;
(b) Every vessel (whether an Australian vessel, a Cocos Islands vessel or an
oversea vessel) on board which any quarantinable disease or disease which there is reason to believe or suspect to be a quarantinable disease has broken out or been discovered (notwithstanding that pratique has been granted or that she has been released from quarantine); and
(c) Every vessel which is ordered into quarantine by a quarantine officer.
(2) The following installations shall be subject to quarantine:
(a) any overseas installation;
(b) any Australian installation and any installation that is in Australian
waters for the purpose of becoming attached to the Australian seabed, being an installation on board which any quarantinable disease or disease which there is reason to believe or suspect to be a quarantinable disease has broken out or been discovered; and
(c) any installation which is ordered into quarantine by a quarantine
officer.

QUARANTINE ACT 1908 - SECT 18
Persons and goods subject to quarantine

SECT

18.(1) The following persons shall be subject to quarantine:
(a) Every person who is on board a vessel subject to quarantine, or who has
been on board the vessel (being an oversea 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) 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;
(ab) Every person who is on board an installation subject to quarantine;
(b) Every person infected with a quarantinable disease;
(c) Every person who has been in contact with or exposed to, infection from
any person or goods subject to quarantine;
(d) Every person who is, or has been within a period of 21 days, in an area
which is a quarantine area; and
(e) every person who enters Australia or the Cocos Islands unlawfully.
(2) The following goods shall be subject to quarantine:
(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 quarantine;
(ab) All goods which are on board an installation subject to quarantine;
(b) All goods infected with a quarantinable disease;
(c) All goods which have been in contact with or exposed to infection from a
quarantinable disease or from any person or goods subject to quarantine;
(d) All animals which are on board an Australian resources installation or a
resources installation that is in Australian waters for the purpose of being attached to the Australian seabed, being animals which arrived at the installation otherwise than on board a vessel; and
(e) all animals which are on board an Australian sea installation or a sea
installation that is in Australian waters for the purpose of being installed in an adjacent area or in a coastal area, being animals which arrived at the installation otherwise than on board a vessel.

QUARANTINE ACT 1908 - SECT 19
Revival of quarantine

SECT

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.

QUARANTINE ACT 1908 - SECT 19A
Continuance of liability to quarantine

SECT

19A.(1) Subject to this section, persons who, or vessels, installations 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 from 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.
(2A) Where pratique is granted to an installation, the installation ceases to be subject to quarantine at the place at which the pratique has effect, but:
(a) if the pratique has effect only for a particular period, the
installation ceases to be subject to quarantine for that period only; and
(b) the obligation to comply with measures of quarantine (if any) to which
the pratique does not relate is not affected by the installation ceasing to be subject to quarantine.
(3) Where pratique is granted to a vessel, persons on the vessel cease to be subject to quarantine.
(4) Where pratique is granted to an installation, persons on the installation cease to be subject to quarantine.

QUARANTINE ACT 1908 - SECT 20
Vessels to enter certain ports

SECT

20.(1) The master of an oversea vessel arriving in Australia or the Cocos Islands shall not, unless from stress of weather or other reasonable cause or in accordance with the permission of the Minister given under section 20AA, suffer the vessel to enter any place in Australia or in the Cocos Islands, as the case may be, 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.
Penalty: $20,000 or imprisonment for 10 years, or both.
(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 baseline of the territorial sea of Australia or of the Cocos Islands, as the case may be;
otherwise than at a port.
Penalty: $20,000 or imprisonment for 10 years, or both.

QUARANTINE ACT 1908 - SECT 20A
Landing places for aircraft

SECT

20A. The master of any oversea vessel engaged in navigation by air shall not, unless from stress of weather or other reasonable cause or in accordance with the permission of the Minister given under section 20AA, suffer the vessel to land in Australia or the Cocos Islands at any place other than a landing place.
Penalty: $20,000 or imprisonment for 10 years, or both.

QUARANTINE ACT 1908 - SECT 20AA
Permission to enter place other than first port of entry

SECT

20AA. The Minister administering the Department that deals with human quarantine may, upon application being made in writing by the master, owner or agent of an oversea vessel, by notice in writing given to the person who made the application, give permission, subject to such conditions (if any) as are specified in the notice, for the vessel to be brought to a place in Australia or in the Cocos Islands specified in the notice, being a place other than a first port of entry, a first Cocos Islands port of entry or a landing place.

QUARANTINE ACT 1908 - SECT 20B
Prohibition of entry by air from proclaimed places

SECT

20B.(1) Where the Governor-General is of opinion that there is danger of the introduction into Australia or the Cocos Islands by vessels used in navigation by air of disease from any place beyond Australia or the Cocos Islands, as the case may be he may, by proclamation, declare the place 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.
(2) The master and owner of any vessel used in navigation by air which enters Australia or the Cocos Islands from or through a place declared under subsection (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, shall be guilty of an offence against this Act.
(3) The Governor-General may by proclamation declare that a person shall not, so long as the proclamation remains in force, enter Australia or the Cocos Islands, by any vessel used in navigation by air, from any place beyond Australia or the Cocos Islands, as the case may be, specified in the proclamation unless that person has complied with the conditions specified in the proclamation, and a person shall not enter Australia or the Cocos Islands in contravention of any such proclamation.
(4) The conditions specified in a proclamation under subsection (3) shall be such conditions as the Governor-General considers necessary or expedient for avoiding the possibility of the entry into Australia or the Cocos Islands of persons suffering from, or capable of communicating, any disease of persons, animals or plants.
(5) The master and owner of a vessel used in navigation by air by which any person enters Australia or the Cocos Islands in contravention of a proclamation under subsection (3) shall be guilty of an offence against this Act.
(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.
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.

QUARANTINE ACT 1908 - SECT 20C
Aircraft landing at places other than landing places

SECT

20C. (1) If any vessel engaged in navigation by air and subject to quarantine makes a landing at any part of Australia or the Cocos Islands which is not a landing place, the vessel and any person, goods, animal or plant on board shall, for the purposes of this Act, be deemed to be ordered into quarantine and shall be dealt with as prescribed.
(2) Subsection (1) does not apply in relation to a vessel that lands at a place other than a landing place in accordance with the permission of the Minister given under section 20AA.

QUARANTINE ACT 1908 - SECT 21
Quarantine signals on vessels and installations

SECT

21.(1) The master of every vessel subject to quarantine shall:
(a) display the quarantine signal on his vessel before she comes within 3
nautical miles of any port or within 500 metres of an Australian installation;
(b) keep the quarantine signal displayed on his vessel while entering or
being in any port or quarantine station or being at an Australian installation; and
(c) in the case of a vessel engaged in navigation by air, display and keep
displayed the prescribed signal and, on arrival at the first landing place in Australia or the Cocos Islands or on arrival at an Australian installation and at each landing place subsequently called at, cause his vessel to come to a stop as near as possible to a spot marked by the prescribed signal on the landing place.
Penalty: $5,000.
(2) The master of an installation subject to quarantine shall:
(a) display the quarantine signal on the installation; and
(b) keep the quarantine signal displayed on the installation until pratique
is granted or until the installation is released from quarantine.
Penalty: $5,000.

QUARANTINE ACT 1908 - SECT 22
Notification of outbreak of a disease

SECT

22. (1) When:
(a) any eruptive disease; or
(b) any disease attended with fever and glandular swellings; or
(c) any disease which he believes or suspects, or has reason to believe or
suspect, to be a quarantinable disease;
has broken out on board any vessel, the master of the vessel shall forthwith (unless the vessel is actually performing quarantine under the supervision of a quarantine officer):
(d) notify a quarantine officer of the breaking out of the disease, and
(e) display the quarantine signal on his vessel, and keep it so displayed
until he is authorized by a Quarantine Officer to remove it or until the vessel is released from quarantine.
(1A) A reference in subsection (1) to a vessel includes a reference to:
(a) an Australian resources installation or a resources installation that is
in Australian waters for the purpose of becoming attached to the Australian seabed; or
(b) an Australian sea installation or a sea installation that is in
Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area.
(2) The master of a vessel in port shall forthwith give notice in writing to a quarantine officer of every case of any prescribed disease which was on his vessel when she arrived in the port or which has arisen on his vessel since she arrived in the port.
Penalty: $10,000 or imprisonment for 5 years, or both.

QUARANTINE ACT 1908 - SECT 23
Signal

SECT

23. The quarantine signal shall be as prescribed and shall be displayed in the prescribed manner.

QUARANTINE ACT 1908 - SECT 24
Unauthorised person not to board or approach vessel or installation

SECT

24. (1) No unauthorized person shall go on board or, except as the master or a member of the crew of a tug that is carrying out operations as a tug, alongside of any vessel subject to quarantine or while the quarantine signal is displayed on the vessel or shall approach within 30 metres of any prescribed signal on a landing place.
Penalty: $5,000.
(2) No unauthorized person shall go on board, or, except as the master or a member of the crew of a tug that is carrying out operations as a tug, alongside of, any installation subject to quarantine or while the quarantine signal is displayed on the installation.
Penalty: $5,000.

QUARANTINE ACT 1908 - SECT 25
When required vessel to be brought to

SECT

25. The master of a vessel shall, on being so required by a quarantine officer, bring the vessel to, and shall by all reasonable means facilitate the boarding of the vessel by the quarantine officer.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 25A
Boarding of installations

SECT

25A.(1) The master of an Australian resources installation or a resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed shall, upon being so required by a quarantine officer, permit the quarantine officer to go on board the installation and shall, by all reasonable means, facilitate the boarding of the installation by the quarantine officer.
(2) The master of an Australian sea installation or a sea installation that is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area shall, upon being so required by a quarantine officer, permit the quarantine officer to go on board the installation and shall, by all reasonable means, facilitate the boarding of the installation by the quarantine officer.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 26
Limit in port for vessels subject to quarantine

SECT

26.(1) The master of a vessel subject to quarantine shall not allow the vessel to be brought into any part of the port within the quarantine line except for the purpose of complying with section 26A.
Penalty: $10,000 or imprisonment for 5 years, or both.
(2) The Governor-General may by proclamation fix the position of the quarantine line for any port.

QUARANTINE ACT 1908 - SECT 26A
Vessels to be brought to mooring grounds

SECT

26A. The master of a vessel subject to quarantine (not being a vessel used in navigation by air) shall, forthwith on arrival at or near a port, bring the vessel:
(a) to a place appointed by the Governor-General by proclamation to be a
mooring ground in relation to the port for vessels subject to quarantine; or
(b) with the approval of a quarantine officer and on payment of any fee that
is payable in respect of the approval, to such place as is specified in the approval.
Penalty: $10,000 or imprisonment for 5 years, or both.

QUARANTINE ACT 1908 - SECT 27
Health reports

SECT

27. The master of:
(a) an oversea vessel arriving at any port in Australia or the Cocos
Islands;
(b) an overseas installation; and
(c) an oversea vessel arriving at an Australian installation;
shall, on being required to do so by a quarantine officer (human quarantine), cause to be delivered to the quarantine officer (human quarantine) a health report in accordance with a form approved by the Director of Human Quarantine signed by the master and, if the vessel or installation carries a medical officer, signed also by the medical officer.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 28
Master and medical officer to answer questions

SECT

28.(1) The medical officer and the master of any oversea vessel arriving at any port in Australia or the Cocos Islands or arriving at an Australian installation shall severally truly answer to the best of their knowledge all questions put to them or either of them by a quarantine officer touching the health of the crew and passengers of the vessel during the voyage, touching the sanitary condition of the vessel during the voyage, and touching the existence of any quarantinable or infectious disease at the ports of departure or call or on board any vessel communicated with, touching the existence, at any time, of any animals on his vessel, or touching the existence on his vessel of any rags or second-hand clothing or other prescribed articles and the ports or places at which they were put on board the vessel.
Penalty: $10,000 or imprisonment for 5 years, or both.
(1A) The master of an overseas installation and, if the installation carries a medical officer, the medical officer, shall truly answer to the best of their knowledge all questions put to them or either of them by a quarantine officer, being questions of a kind referred to in subsection (1).
Penalty: $10,000 or imprisonment for 5 years, or both.
(2) Any questions under this section may be written or oral, and the quarantine officer may require the answers to be given in writing or orally.
(3) A quarantine officer may, if he thinks fit, require the medical officer and the master or either of them to verify any answer to any question asked in pursuance of this section by a declaration in writing signed by him solemnly declaring to the truth of the answer.
(4) Any declaration under this section may be taken before a quarantine officer, and any person who makes any false statement in any such declaration shall be guilty of an indictable offence against this Act punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

QUARANTINE ACT 1908 - SECT 29
No person to be allowed to quit vessel or installation subject to quarantine

SECT

29.(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 otherwise than
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 master is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.
(2) In order to comply with this section, the master of a vessel may detain any person, goods, mails, or loose letters on his vessel, and may use any means reasonably necessary for that purpose.
(3) A reference in this section to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.

QUARANTINE ACT 1908 - SECT 30
Persons prohibited from quitting vessels, installations and quarantine areas

SECT

30.(1) A person (not being a quarantine officer) who is on board a vessel subject to quarantine, or who is in a quarantine area, shall not (unless authorized by a quarantine officer to do so) leave the vessel or quarantine area.
Penalty: $5,000.
(2) A reference in subsection (1) to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.

QUARANTINE ACT 1908 - SECT 31
Apprehension of persons liable to quarantine

SECT

31. (1) Any constable or authorized person may, without warrant, apprehend:
(a) any person who has, in contravention of this Act or the regulations,
quitted any vessel subject to quarantine or any quarantine station; or
(b) any person subject to quarantine (not being a person who is so subject
by reason only of being or having been in a quarantine area) who is found in any place not being in or part of a quarantine station.
(1A) Any constable or authorized person may, without warrant, apprehend any person who is subject to quarantine by reason of having been in a quarantine area and whom he believes to have left that area in contravention of this Act.
(2) Any person apprehended under this section shall be brought before a Justice of the Peace or quarantine officer, who may, on proof to his satisfaction that the person so brought before him is subject to quarantine, order him to be taken to the vessel from which he has landed or to a quarantine station to perform quarantine, or to be taken to the quarantine area from which he came, and may by warrant authorize any constable or other person to take him accordingly, or may order him to be dealt with in accordance with the regulations.
(3) In this section, 'constable' means a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
(4) A reference in this section to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.

QUARANTINE ACT 1908 - SECT 32
Mooring of vessels from proclaimed places

SECT

32.(1) A vessel which has arrived at any port from a proclaimed place and which has not been granted pratique having effect in that port shall be moored or berthed in the port in accordance with the directions of a quarantine officer (human quarantine) or as prescribed.
(2) The master of a vessel shall not suffer or permit her to be moored or berthed in any port in contravention of this section.
Penalty: $20,000 or imprisonment for 10 years, or both.

QUARANTINE ACT 1908 - SECT 33
Pratique

SECT

33.(1) Subject to subsection (2), where a quarantine officer (human quarantine) is satisfied that an oversea 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 (human quarantine) shall grant the vessel pratique having effect in that port and such other ports as he considers appropriate.
(1A) Subject to subsection (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 (human quarantine) is satisfied that the vessel is
free from infection;
the quarantine officer (human quarantine) shall grant the vessel pratique having effect in that place and at such ports as he considers appropriate.
(2) A quarantine officer (human quarantine) may refuse to grant a vessel pratique if the quarantine officer (human quarantine) 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 a form approved by the Director of Human Quarantine 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 (human quarantine) shall give the master a certificate of pratique in a form approved by the Director of Human Quarantine as soon as practicable after the vessel arrives at the first port or place in which the pratique has effect.
(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 (human quarantine) granting the pratique, other than landing places;
(d) all landing places in a State, or part of Australia, specified by the
quarantine officer (human quarantine) granting the pratique;
(e) all ports in the Cocos Islands, other than landing places;
(f) all landing places in the Cocos Islands;
(g) a port, or ports, specified by the quarantine officer (human quarantine)
granting the pratique; or
(h) all Australian installations, or Australian installations specified by
the quarantine officer (human quarantine) granting the pratique.
(5) Pratique may be pratique having effect for a period specified by the quarantine officer (human quarantine) granting it.
(6) Pratique may relate to all measures of quarantine or to measures of quarantine specified by the quarantine officer (human quarantine) granting the pratique.

QUARANTINE ACT 1908 - SECT 33A
Grant of pratique to installations

SECT

33A. (1) Where a quarantine officer (human quarantine) is satisfied that an overseas installation is free from infection, the quarantine officer (human quarantine) shall grant the installation pratique having effect in a place at which the installation is, or is to be, attached or installed, as the case requires, and in such other places (including ports) as he considers appropriate.
(2) Pratique shall be granted to an overseas installation by giving the master of the installation a certificate of pratique in a form approved by the Director of Human Quarantine or by giving the master particulars of the pratique by radio message or otherwise, but, where pratique is granted to an installation otherwise than by the giving of a certificate of pratique, the quarantine officer (human quarantine) shall give the master of the installation a certificate of pratique in a form approved by the Director of Human Quarantine as soon as practicable after the installation is:
(a) if the installation is an overseas resources installation-attached to
the Australian seabed; or
(b) if the installation is an overseas sea installation-installed in an
adjacent area or in a coastal area.
(3) Pratique granted under this section may be pratique having effect for a period specified by the quarantine officer (human quarantine) granting it.
(4) Pratique granted under this section may relate to all measures of quarantine or to measures of quarantine specified by the officer granting the pratique.

QUARANTINE ACT 1908 - SECT 34
Quarantine surveillance

SECT

34.(1) Where a vessel has arrived at any port from a proclaimed place, or is subject to quarantine, and the quarantine officer (human quarantine) is satisfied that no person on board is actually suffering from a quarantinable disease, but is not satisfied that the vessel is free from infection, he may, subject to this section:
(a) refrain from granting pratique;
(b) permit the vessel to proceed on her voyage without performing
quarantine at a quarantine station;
(c) permit any passengers for that port and their effects to be landed;
(ca) permit any members of the crew and their effects to leave the vessel;
or
(d) permit any cargo on the vessel for that port to be landed.
(2) The vessel shall continue to be subject to quarantine until pratique is granted.
(3) All persons landed in pursuance of this section shall continue subject to quarantine until such period as is prescribed, and, while so subject, shall be under quarantine surveillance and shall comply with the regulations relating to quarantine surveillance.
Penalty: $2,000.
(4) All cargo and passengers' effects landed under this section shall be subject to treatment and disinfection as prescribed.

QUARANTINE ACT 1908 - DIVISION 2
Division 2-Performance of Quarantine

QUARANTINE ACT 1908 - SECT 35
Order to perform quarantine

SECT

35.(1) A quarantine officer may, by order in writing, order into quarantine any vessel, Australian installation, resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed, sea installation that is in Australian waters for the purpose of being installed in an adjacent area or in a coastal area, person, or goods (whether subject to quarantine or not), being or likely to be, in his opinion, infected with a quarantinable disease or a source of infection with a quarantinable disease.
(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.
(1A) A quarantine officer (human quarantine) may, by order in writing, order into quarantine any person, being a person who is or has been on board an oversea vessel or overseas installation, who fails to satisfy the quarantine officer (human quarantine) that he has, within the prescribed period, been successfully vaccinated or inoculated against any prescribed disease.
(2) If a vessel has arrived in Australia or the Cocos Islands from a proclaimed place the quarantine officer shall (except as prescribed) order her into quarantine.
(2A) After an overseas installation has arrived in Australian waters from a proclaimed place, the quarantine officer shall (except as prescribed) order the installation into quarantine.
(3) The order may:
(a) in the case of any vessel or installation, and all persons and goods on
board the vessel or installation, be served on the master of the vessel or installation; or
(b) in the case of any person, be served on the person; or
(c) in the case of any goods, be served on the owner consignee or any person
having possession or custody of the goods.
(4) When the order has been served in accordance with this section, the vessel or installation, and all persons and goods on board the vessel or installation, or the person or goods, as the case may be, shall be deemed to be ordered into quarantine.

QUARANTINE ACT 1908 - SECT 35AA
Medical examination for possible pulmonary tuberculosis

SECT

35AA.(1) Where a quarantine officer (human quarantine) is not satisfied that a person, being a non-citizen, is not suffering from active pulmonary tuberculosis, the quarantine officer (human quarantine) may, by order in writing served on the person, require him to undergo, within a time and at a place specified in the order, a medical examination in accordance with subsection (2).
(2) The medical examination referred to in subsection (1) shall:
(a) be carried out by, or under the supervision of, a person registered as a
medical practitioner in a State or Territory, being a person approved by the Minister for the purposes of this section; and
(b) be such examination as that person considers necessary to ascertain
whether or not the person to be examined is suffering from active pulmonary tuberculosis.
(3) If a person fails to comply with an order under subsection (1), a quarantine officer (human quarantine) may, by order in writing served on the person, order him into quarantine.
(4) Where a quarantine officer is of the opinion that a person, being a non-citizen, is, or is likely to be, suffering from active pulmonary tuberculosis, the quarantine officer (human quarantine) may, by order in writing served on the person, order the person into quarantine.
(5) A quarantine officer (human quarantine) may release under quarantine surveillance a person ordered into quarantine under this section.
(6) The regulations may provide that this section does not apply to a person included in a prescribed class of persons.
(7) In this section, 'non-citizen' has the same meaning as in the Migration Act 1958.

QUARANTINE ACT 1908 - SECT 35A
Vessel or installation having a communicable disease on board

SECT

35A.(1) When a vessel subject to quarantine, or any other vessel, has on board any case of communicable (infectious) disease, and a quarantine officer (human quarantine) certifies that measures of quarantine are necessary to prevent the disease from spreading, all such measures for the disinfection of the vessel and all such other measures of quarantine as are prescribed or as a quarantine officer (human quarantine) directs shall be taken, and any persons suffering from or suspected to be suffering from the disease or who have been exposed to infection from the disease may be ordered into quarantine and may be removed to a quarantine station to perform quarantine.
(2) Persons suffering from, or suspected to be suffering from, the disease shall be deemed to be subject to quarantine, notwithstanding that the disease has not been proclaimed to be a quarantinable disease.
(3) No person suffering from or suspected to be suffering from a communicable (infectious) disease shall quit the vessel without the written permission of a quarantine officer (human quarantine).
Penalty: $10,000 or imprisonment for 5 years, or both.
(4) No person who is in charge of any person suffering from or suspected to be suffering from any communicable (infectious) disease shall permit the person to quit the vessel without the written permission of a quarantine officer (human quarantine).
Penalty: $10,000 or imprisonment for 5 years, or both.
(5) When a quarantine officer (human quarantine) has given a certificate in pursuance of subsection (1), the master of the vessel shall not knowingly 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: $20,000 or imprisonment for 10 years, or both.
(5A) When a quarantine officer (human quarantine) has given a certificate in pursuance of subsection (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.
(6) A reference in this section to a vessel includes a reference to:
(a) an Australian resources installation or a resources installation that is
in Australian waters for the purpose of becoming attached to the Australian seabed; and
(b) an Australian sea installation or a sea installation that is in
Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area.

QUARANTINE ACT 1908 - SECT 36
Master, when so ordered, to convey vessel or installation into quarantine

SECT

36.(1) When a vessel is ordered into quarantine, the master thereof shall forthwith cause the vessel and all persons and goods on board the vessel to be conveyed into such quarantine station as the quarantine officer directs, there to perform quarantine.
Penalty: $50,000 or imprisonment for 10 years, or both.
(1A) Subsection (1) has effect in relation to a vessel in the Cocos Islands as if the reference in that subsection to a quarantine station included a reference to a place in the Cocos Islands.
(2) Where a vessel ordered into quarantine has to be cleansed, fumigated, disinfected, or treated in any manner, a quarantine officer may direct the vessel to be taken to any prescribed place for the purpose of being so cleansed, fumigated, disinfected, or treated, and the master of the vessel shall cause the vessel to be taken to the place accordingly.
Penalty: $50,000 or imprisonment for 10 years, or both.
(3) When an installation is ordered into quarantine, the master of the installation shall, if required to do so by the quarantine officer, forthwith cause the installation and all persons and goods on board the installation to be conveyed to such place or places as the quarantine officer directs for the purpose of performing quarantine.
Penalty: $50,000 or imprisonment for 10 years, or both.
(4) A reference in this section to a vessel shall be read as not including a reference to an installation.

QUARANTINE ACT 1908 - SECT 37
When vessel or installation deemed to be in quarantine

SECT

37. A vessel or installation ordered into quarantine, although not actually within a quarantine station, shall be deemed to be in quarantine.

QUARANTINE ACT 1908 - SECT 38
Particulars to be given

SECT

38.(1) When the vessel arrives at the appointed quarantine station, the master shall, on request, produce and deliver to the officer in charge of the quarantine station his passenger list, log, manifest, journal, and other ship's papers.
Penalty: $5,000 or imprisonment for 2 years, or both.
(1A) When an installation has been ordered into quarantine the master shall, on request by the quarantine officer, produce and deliver to the officer such documents in his possession or control as the officer requests.
Penalty: $5,000 or imprisonment for 2 years, or both.
(2) Subsection (1) has effect, in relation to a vessel in the Cocos Islands, as if:
(a) the reference in that subsection to the appointed quarantine station
included a reference to the appointed place in the Cocos Islands; and
(b) the reference in that subsection to the officer in charge of the
quarantine station included a reference to a quarantine officer in the Cocos Islands.

QUARANTINE ACT 1908 - SECT 39
Performance of quarantine by vessel or installation

SECT

39.(1) Every vessel in quarantine shall, subject to this Act, perform quarantine at the appointed quarantine station, and for that purpose may be there detained by a quarantine officer or any authorized person until released in accordance with this Act, and whilst so detained shall be subject to the regulations relating to the performance of quarantine and every installation in quarantine shall, subject to this Act, perform quarantine at such place as the quarantine officer directs and whilst performing quarantine, shall be subject to the regulations relating to the performance of quarantine.
(2) Subsection (1) has effect, in relation to a vessel in the Cocos Islands, as if the reference in that subsection to the appointed quarantine station included a reference to the appointed place in the Cocos Islands.

QUARANTINE ACT 1908 - SECT 40
Vessel or installation in quarantine not to be moved except in accordance
with
Act

SECT

40.(1) When a vessel or installation is in quarantine, the master shall not move the vessel or installation or suffer her to be moved except in accordance with this Act and the regulations.
Penalty: $50,000 or imprisonment for 10 years, or both.
(2) A quarantine officer may permit the master of an installation that is in quarantine to take the installation to the place at which the installation is to be attached to the Australian seabed.

QUARANTINE ACT 1908 - SECT 41
Removal from vessel to perform quarantine

SECT

41. (1) For the purpose of the performance of quarantine, any persons on board a vessel subject to quarantine may be removed from the vessel by a quarantine officer at any port (notwithstanding that the port is not their port of destination) and conveyed to and detained in a quarantine station there to perform quarantine.
(2) All persons removed from a vessel in pursuance of this section shall be entitled to be provided with free passages to their ports of destination forthwith after being released from quarantine.

QUARANTINE ACT 1908 - SECT 42
Power to permit vessel to proceed on voyage

SECT

42. The Minister administering the Department that deals with human quarantine may, if he thinks fit, permit any vessel in quarantine to proceed on her voyage with her officers, crew, and passengers, or any of them, without performing quarantine at the quarantine station at the port or landing place at which she then is; but the vessel and her officers, crew, and passengers shall not thereby be released from quarantine, but shall, while in Australia and until released from quarantine, be deemed to be in quarantine, and shall, except as prescribed or as ordered by the Minister administering that Department, be subject to this Act and the regulations to the same extent as if they were performing quarantine at a quarantine station.

QUARANTINE ACT 1908 - SECT 43
Cleansing and disinfecting vessels and installations

SECT

43. A quarantine officer may order any vessel or installation in quarantine to be cleansed and disinfected or treated in such manner as he directs, and the master of the vessel or installation shall cause her to be cleansed and disinfected or treated accordingly.
Penalty: $50,000 or imprisonment for 10 years, or both.

QUARANTINE ACT 1908 - SECT 44
Goods not to be removed

SECT

44.(1) When a vessel or installation is in quarantine then, until the vessel or installation is released from quarantine, no unauthorized person shall land or unship, or move with intent to land or unship, any goods from the vessel or installation.
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.

Penalty for receiving quarantinable goods
(2) No person shall knowingly receive or have in his possession any goods landed or unshipped from any vessel or installation in contravention of this section.
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.
(3) In any prosecution under subsection (2), the burden of proving want of knowledge shall lie upon the defendant.

QUARANTINE ACT 1908 - SECT 44A
Removal from vessels or installations of goods in quarantine

SECT

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.
(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) a part of the precincts of a wharf or airport that is a part approved
for the purposes of this subsection by a Chief Quarantine Officer; or
(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 subsection by the Minister.
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.

QUARANTINE ACT 1908 - SECT 44B
Landed cargo in quarantine

SECT

44B.(1) Subject to subsection (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 subsection by a Chief Quarantine Officer:
(a) move the goods from the part of the precincts of the wharf or airport,
or from the Australian installation, 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 subsection
by a Chief Quarantine Officer; or
(d) deal with, or interfere with, the goods;
until they cease to be subject to quarantine.
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.
(2) Nothing in subsection (1) prevents a person transmitting, in accordance with conditions specified by a quarantine officer, goods referred to in that subsection 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.

QUARANTINE ACT 1908 - SECT 44C
Examination of goods on importation

SECT

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.

QUARANTINE ACT 1908 - SECT 44D
Examination of imported goods

SECT

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 subsection (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 ACT 1908 - SECT 45
Performance of quarantine by persons

SECT

45.(1) All persons ordered into quarantine shall perform quarantine, and for that purpose may:
(a) be detained on board the vessel or installation,
(b) be detained upon the premises upon which they are found,
(c) be removed to and detained in a quarantine station, or
(d) be removed to and detained in any suitable place or building approved by
a quarantine officer (which place or building shall, for the purposes of this Act, be deemed to be a quarantine station);
until released in accordance with this Act or the regulations; and while so detained shall be subject to the regulations regulating the performance of quarantine and the government of quarantine stations. Penalty for breach of regulations
(2) No person ordered into quarantine shall commit any breach of the regulations regulating the performance of quarantine or the government of quarantine stations.
Penalty: $2,000.

Quarantine surveillance
(3) Where a person ordered into quarantine is not, in the opinion of a quarantine officer, actually suffering from a quarantinable disease, the quarantine officer may release the person under quarantine surveillance.
(3A) A person released under subsection (3) shall, while he is under quarantine surveillance, report to such person at such times and places as are directed by a quarantine officer.
Penalty: $5,000.
(4) Any person subject to quarantine shall be under quarantine surveillance and shall comply with the regulations relating to quarantine surveillance. Penalty: $2,000.

QUARANTINE ACT 1908 - SECT 46
Release from quarantine

SECT

46. When quarantine has been performed by any vessel, installation or person in accordance with this Act and the regulations, the vessel, installation or person, as the case may be, shall forthwith be released from quarantine.

QUARANTINE ACT 1908 - SECT 46A
Approval of places for the performance of quarantine by goods

SECT

46A.(1) Where goods have been ordered into quarantine, a quarantine officer may, in writing, approve a place other than a quarantine station as a place where the goods may perform quarantine.
(2) Where, in relation to any goods, a place has been approved under subsection (1), any reference in section 47, 56 or 69 to a quarantine station shall, in relation to those goods, be read as including a reference to that place.

QUARANTINE ACT 1908 - SECT 47
Performance of quarantine by goods

SECT

47. All goods ordered into quarantine shall perform quarantine, and for that purpose may be detained on board the vessel or installation or in a quarantine station.

QUARANTINE ACT 1908 - SECT 48
Goods ordered into quarantine

SECT

48.(1) All goods ordered into quarantine under this Act may be treated and disinfected as prescribed, and when so treated and disinfected may be released
from quarantine. (2) Subject to subsection (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 subsection (4), if a Chief Quarantine Officer or a person authorized by a Chief Quarantine Officer to perform duties under this subsection 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 subsection (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 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 subsection (5); and
(b) the owner does not, before the expiration of 30 days after receiving the
notice, give notice in writing to a 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.

QUARANTINE ACT 1908 - SECT 48A
Abandoned goods may be destroyed

SECT

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 ACT 1908 - SECT 49
Unlawful damage by officers

SECT

49. No officer shall unlawfully destroy or damage any goods under his charge in the performance of quarantine.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - PART V
PART V-QUARANTINE OF ANIMALS AND PLANTS

QUARANTINE ACT 1908 - SECT 50
Animals or plants to be landed at declared port

SECT

50.(1) A person shall not, except in accordance with the permission of the Minister given under subsection (2), land any imported animals or plants in any port or place in Australia or the Cocos Islands except a port declared by proclamation to be a port where the imported animals or plants may be landed.
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.
(2) The Minister may, upon application being made in writing by the master, owner or agent of an oversea vessel, by notice in writing given to the person who made the application, give permission, subject to such conditions (if any) as are specified in the notice, for the master to land imported animals or plants at an Australian installation.

QUARANTINE ACT 1908 - SECT 51
Quarantine control of imported animals

SECT

51. No imported animals or plants, and no hay, straw, fodder, litter, fittings, clothing, utensils, appliances or packages used on any vessel or on any overseas installation in connexion with imported animals or plants shall, until released from quarantine, be moved, dealt with, or interfered with except by authority and in accordance with this Act and the regulations.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 52
Examination of animals on importation

SECT

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 subsection (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 subsection (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 subsections (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.

QUARANTINE ACT 1908 - SECT 52A
Examination of animals or plants on installations

SECT

52A.(1) A quarantine officer prescribed for the purpose, or a person authorized by such an officer to do so, may examine any animal or plant that is subject to quarantine and is on board an installation.
(2) Subject to the regulations, where a quarantine officer is of the opinion that there is no reason to suspect that an animal of the kind referred to in subsection (1) is suffering from any disease or is a source of infection of a disease, the quarantine officer may release the animal from quarantine.
(3) Subject to the regulations, where a quarantine officer is of the opinion that a plant of the kind referred to in subsection (1) is free of any risk of bringing disease into Australia, he may release the plant from quarantine.
(4) Where a quarantine officer, after having examined an animal or plant of the kind referred to in subsection (1), does not release the animal or plant, as the case may be, from quarantine, the officer shall order the animal or plant, as the case may be, into quarantine.
(5) In this section, 'animal' has the same meaning as in section 52.

QUARANTINE ACT 1908 - SECT 53
Examination of plants on importation

SECT

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 of this Act, the permission shall be deemed not to have been given unless and until that authority has been given.

QUARANTINE ACT 1908 - SECT 54
Examination of imported animals and plants

SECT

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 an animal under subsection (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 subsection (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 ACT 1908 - SECT 55A
Power to order goods into quarantine

SECT

55A.(1) A quarantine officer may examine and order into quarantine any goods to which this section applies being or likely to be, in his opinion, infected with a disease affecting animals or plants, or which contain or appear to contain any insect or pest or disease agent.
(2) This section applies to:
(a) imported animals and plants, whether subject to quarantine or otherwise;
(aa) other imported goods, whether subject to quarantine or otherwise; and
(b) any other goods that have been, or that an officer has reasonable cause
to believe have been, on board:
(i) an overseas vessel;
(ii) an overseas installation;
(iii) an Australian vessel subject to quarantine;
(iv) a Cocos Islands vessel subject to quarantine;
(v) an Australian resources installation, or a resources installation
that is in Australian waters for the purpose of becoming attached to the Australian seabed, subject to quarantine; or
(vi) an Australian sea installation, or a sea installation that is in
Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area, subject to quarantine.

QUARANTINE ACT 1908 - SECT 56
Performance of quarantine

SECT

56. Without limiting section 48, all animals and plants and goods ordered into quarantine may forthwith be conveyed to a quarantine station, and may be detained there for such period as is prescribed, and, while so detained, shall be dealt with and treated as prescribed or as directed by the Minister.

QUARANTINE ACT 1908 - SECT 58
Power to destroy diseased plants

SECT

58. If a quarantine officer certifies that any plants or goods ordered into quarantine are affected with any disease or with any noxious insect or any pest, or have been exposed to infection from any plant affected, or article contaminated, with any disease or with any noxious insect or any pest, and in his opinion are a source of danger to other plants and ought to be destroyed, the Minister, after notice to the owner or agent, if known, may order them to be destroyed and they shall be destroyed accordingly.

QUARANTINE ACT 1908 - PART VI
PART VI-EXPENSES OF QUARANTINE

QUARANTINE ACT 1908 - SECT 58A
Interpretation

SECT

58A. In this Part, a reference to a vessel shall, unless the contrary intention appears, be read as including a reference to an installation.

QUARANTINE ACT 1908 - SECT 59
Liability of owner etc. for expenses of quarantine

SECT

59.(1) The master, owner, and agent, of any vessel ordered into quarantine, or of any vessel from which any person is removed to perform quarantine, shall severally be responsible for:
(a) the removal of the passengers and crew to the quarantine station;
(b) the care and maintenance of the passengers and crew while detained at
the quarantine station;
(c) the conveyance of the passengers from the quarantine station to their
ports or places of destination;
(d) the medical surveillance of persons released under quarantine
surveillance;
(e) the provision of such medical, nursing and other attendance on the
vessel and at the quarantine station for or in respect of the vessel as the Minister considers necessary; and
(f) the provision of such launch and patrol services and such supervision as
the Minister considers necessary to ensure the satisfactory performance of quarantine by the vessel and the persons and goods thereon;
and shall supply, to the satisfaction of the Minister, all such service, attendance, meals, and other things as are required for those purposes, including domestic and laundry service, medicines, medical comforts, nursing, and attendance for the sick.
(2) The master, owner, or agent, of the vessel may arrange with the Minister for the carrying out of any responsibility under this section and for the payment of the expenses thereof, but in any case the Minister may take action if he thinks it necessary to do so, and any expense incurred shall be paid by the master, owner, or agent, of the vessel to the Commonwealth.
Provided that the Governor-General may direct that, as regards any vessel trading exclusively:
(a) between Australian ports;
(aa) between Australian ports and Australian installations;
(ab) between Australian ports and Australian resources installations;
(ac) between Australian ports and Australian sea installations;
(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;
the expenses of carrying out any responsibility under this section shall be borne by the Commonwealth, and, upon the issue of such direction, the master, owner and agent of any vessel to which the direction relates shall be exempt from liability for the expenses of carrying out that responsibility:
Provided further that the Governor-General may direct that the expenses of overland passengers arising out of regulations relating to human quarantine may be borne by the Commonwealth.
(3) A passenger shall not be liable to compensate the master, owner, or agent for any cost incurred by the master, owner, or agent under this section, and any contract or stipulation purporting to impose any such liability upon him shall to that extent be null and void.

QUARANTINE ACT 1908 - SECT 59A
Liability for costs of disinfection etc.

SECT

59A. The master, owner, or agent, of any vessel ordered into quarantine, or ordered to be cleansed, fumigated, disinfected, or treated, shall pay all costs of removal of cargo or goods from the vessel, and costs incurred in the cleansing, fumigation, disinfection, or treatment, of the vessel, or of any goods or things taken from the vessel.

QUARANTINE ACT 1908 - SECT 59B
Security for carrying out responsibilities

SECT

59B. Before permitting any persons, goods, personal effects, or things to leave or be removed from a vessel ordered into quarantine, the quarantine officer may require the master, owner, or agent, of the vessel to give security to the satisfaction of the quarantine officer that all responsibilities under this Part of the master, owner, and agent, of the vessel in respect of those persons, goods, personal effects, or things shall be faithfully carried out.

QUARANTINE ACT 1908 - SECT 60
Liability of ship-owners as to pilotage

SECT

60. The owners and agents of any vessel ordered into quarantine shall pay to the Commonwealth all charges incurred by the Commonwealth in connexion with the piloting or towing of the vessel into or out of port, or from one place to another in port.

QUARANTINE ACT 1908 - SECT 61
Liability of owners etc. for expenses of passages

SECT

61. The owners and agents of any vessel subject to quarantine shall pay to the Commonwealth all expenses incurred by it in providing persons, who were removed from the vessel in order to perform quarantine, with passages to their ports or places of destination.

QUARANTINE ACT 1908 - SECT 62
Persons in quarantine able to support themselves

SECT

62. Any person detained in quarantine, who is not one of the crew or passengers of a vessel ordered into quarantine, shall, if he is reasonably able so to do, and is thereunto required by the Minister, pay to the Commonwealth the cost of any food and medicines supplied to him and those dependent on him during their removal to or detention in quarantine.

QUARANTINE ACT 1908 - SECT 63
Owners of vessel quarantined liable for services of medical officer

SECT

63. When a vessel is ordered into quarantine, the Minister may:
(a) appoint a medical officer to take charge of the crew and passengers of
the vessel while in quarantine; and
(b) fix the amount of remuneration to be paid to the medical officer for his
services.
Such remuneration shall be paid by the owners or agents of the vessel to the Commonwealth.

QUARANTINE ACT 1908 - SECT 64
Quarantine expenses in case of animals and plants

SECT

64.(1) The expenses connected with the examination of any animals or plants or goods, and of their conveyance to a quarantine station, and of their detention, maintenance, and treatment in quarantine or under quarantine surveillance, and the expenses connected with the removal, disposal, and destruction of any animals, plants or goods ordered to be destroyed in pursuance of this Act shall be paid by the importer or owner of the animals or plants or goods to the Commonwealth, and shall be a charge upon the animals or plants or goods or may be recovered as provided in this Part.
(2) A quarantine officer may refuse to grant a permit for the landing or removal of any animals or plants or goods until security is given to his satisfaction for payment of the expenses payable to the Commonwealth under this section.

QUARANTINE ACT 1908 - SECT 65
Expenses to be a charge upon vessel

SECT

65. Any expenses or charges payable to the Commonwealth under this Part, by the owner or agent of any vessel, shall be a charge upon the vessel, and the vessel may be detained by an officer until the expenses are paid.

QUARANTINE ACT 1908 - SECT 66
Recovery of expenses

SECT

66. Any expenses or charges payable to the Commonwealth under this Part may be recovered by action in a court of competent jurisdiction as a debt due to the Commonwealth.

QUARANTINE ACT 1908 - PART VII
PART VII-MISCELLANEOUS

QUARANTINE ACT 1908 - SECT 67
Penalty for importing etc. contrary to proclamation

SECT

67.(1) No person shall knowingly import, or bring into any port or place in Australia or the Cocos Islands, any noxious insect, or any pest, or any disease germ or microbe, or any disease agent, or any culture virus or substance containing any disease germ or microbe or disease agent, or any goods, or any animal or plant, or any part of any animal or plant, in contravention of this Act, the regulations or any proclamation under this Act.
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.
(1A) A person shall not knowingly remove any animal or plant, or part of any animal or plant, or any other goods, from a part of the Commonwealth to another part of the Commonwealth, or from a part of the Cocos Islands to another part of the Cocos Islands, in contravention of any proclamation under this Act.
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.
(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 subsection 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.
(2) In any prosecution under this section the burden of proving want of knowledge shall lie upon the defendant.

QUARANTINE ACT 1908 - SECT 67A
Liability of master or owner of vessel for importation of prohibited animals

SECT

67A. The master or owner of a vessel shall not bring, or permit to be brought, in the vessel, any animal into any port or place in Australia or the Cocos Islands in contravention of this Act, the regulations or any proclamation under this Act.
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.

QUARANTINE ACT 1908 - SECT 68
Forfeiture of animals, plants etc. unlawfully imported etc.

SECT

68. All animals, plants, or goods imported into Australia or the Cocos Islands, or brought into any port or place in Australia or the Cocos Islands, or removed from a part of the Commonwealth to another part of the Commonwealth, in contravention of this Act, or any proclamation under this Act, and all hay, straw, fodder, litter, fittings, clothing, utensils, appliances, or packages, moved or dealt with in contravention of this Act or any proclamation under this Act or the regulations, shall be forfeited and may be seized by an officer or officer of Customs and disposed of in accordance with the regulations.

QUARANTINE ACT 1908 - SECT 68A
Destruction of certain animals

SECT

68A. Where the master of any vessel fails to comply with the directions of the Chief Quarantine Officer or the prescribed conditions relating to the control or confinement of an animal which has been brought into a port or place in Australia or the Cocos Islands but is not intended or permitted to be imported into Australia or the Cocos Islands, as the case may be, a quarantine officer may destroy that animal.

QUARANTINE ACT 1908 - SECT 69
Seizure of forfeited animals etc.

SECT

69. Any officer or officer of Customs may seize any animals, plants, or goods subject to quarantine which are found outside a quarantine station and may convey them to a quarantine station.

QUARANTINE ACT 1908 - SECT 69A
Compensation for destroyed goods

SECT

69A.(1) Subject to this section, where any goods (including any animal or plant) are destroyed in accordance with section 48 or 58, the Minister may, if he considers it appropriate to do so, approve the payment of compensation under this section in respect of those goods.
(2) The Minister shall not approve the payment of compensation under this section in respect of:
(a) goods unlawfully imported into Australia or the Cocos Islands; or
(b) goods lawfully imported into Australia or the Cocos Islands that were in
quarantine at all times between their importation and destruction, other than a prescribed animal destroyed at a quarantine station.
(3) The Minister shall not approve the payment of compensation under this section in respect of goods where the Minister is satisfied, on reasonable grounds, that:
(a) the goods were destroyed by reason of an act or omission in
contravention of a law of the Commonwealth, a law of a State or a law of a Territory; and
(b) a person who had, or was a member of a partnership that had, an interest
in the goods at the time of their destruction:
(i) was a party to, or was in any way directly or indirectly concerned
in, the act or omission;
(ii) had an interest in the goods at the time when the act or omission
occurred and, at an earlier time, knew, ought to have known, or had reasonable grounds for suspecting, that the act or omission would occur; or
(iii) acquired an interest in the goods after the act or omission
occurred and, at the time when he acquired that interest, knew, ought have known, or had reasonable grounds for suspecting, that the act or omission had occurred.
(4) Where an animal destroyed at a quarantine station had been lawfully imported into Australia or the Cocos Islands and had been in quarantine at all times between its importation and destruction, the Minister shall not approve the payment of compensation under this section in respect of the animal if he is satisfied, on reasonable grounds, that, before the animal left its place of origin for exportation to Australia or the Cocos Islands, the animal was infected, or was likely to be infected, with a disease for reasons relating to which the animal was destroyed.
(5) Subject to this section, compensation approved under this section in respect of goods shall:
(a) where there is only one owner of the goods-be paid to the owner; or
(b) where there are 2 or more owners of the goods-be divided among those
owners in accordance with their interests in the goods at the time of their destruction.
(6) For the purposes of this section, where a quarantine officer who causes goods to be destroyed under section 48 knows, at the time of the destruction of the goods, the name and address of the owner or of any of the owners of the goods at that time, the quarantine officer shall cause written notice of the destruction of the goods to be given to that owner or each of those owners either personally or by post.
(7) An owner is not entitled to compensation under this section in respect of goods unless a claim for compensation in respect of the goods is made by or on behalf of the owner within 12 months after:
(a) if under subsection (6) notice of the destruction of the goods is
required to be given to him-that notice is given; or
(b) in any other case-the goods are destroyed.
(8) A claim for compensation under subsection (7) shall be in a form approved by the Minister and shall be accompanied by such documents as are required by that form to accompany the claim.
(9) The compensation payable under this section in respect of goods is an amount equal to:
(a) except where paragraph (b) or (c) applies-the market value of the goods
immediately before their destruction;
(b) in the case of an animal (other than an animal to which paragraph (c)
applies) destroyed by reason of the animal being infected, or suspected of being infected, with a disease-the market value that the animal would have had at the time of its destruction if it had not been infected or suspected of being infected; or
(c) in the case of an animal imported into Australia or the Cocos Islands
that was in quarantine at all times between its importation and destruction-the sum of the market value of the animal in the country of export at the time of export and the charges for freight, maintenance or similar expenses in respect of the animal incurred after the animal left its place of origin for exportation to Australia or the Cocos Islands and before its destruction.
(10) If the Minister and the owner or the owners entitled to compensation under this section in respect of goods do not agree as to the market value or sum that, in accordance with subsection (9), is to be the amount of that compensation, that market value or sum shall be determined by a person agreed upon by the Minister and by the owner or owners entitled to that compensation.
(11) Where the Minister approves the payment of compensation under this section in respect of goods and:
(a) the Minister and the owner or owners entitled to be paid that
compensation agree on the market value or sum that, in accordance with subsection (9), is to be the amount of that compensation; or
(b) that market value or sum is determined in accordance with subsection
(10);
that amount of compensation is payable to the owner or owners so entitled and the amount so payable to the owner or an owner may be recovered by him by action against the Commonwealth in a court of competent jurisdiction.
(12) A person shall not, for the purpose of obtaining pecuniary benefit for himself or any other person under this section:
(a) make a false or misleading statement, knowing it to be false or
misleading or not believing it to be true; or
(b) do a fraudulent act.
Penalty: $10,000 or imprisonment for 5 years, or both.
(13) For the purposes of this section:
(a) goods subject to quarantine or ordered into quarantine shall be taken to
be in quarantine;
(b) where goods imported into Australia or the Cocos Islands on a vessel are
ordered into quarantine on, or soon after, the granting of pratique in relation to that vessel, the goods shall be deemed to have continued to be subject to quarantine during the period commencing when pratique was granted in relation to the vessel and ending when the goods were ordered into quarantine; and
(c) where goods subject to quarantine or ordered into quarantine are
released from quarantine for the purpose of exportation, the goods shall be deemed to continue to be in quarantine.
(14) In this section, 'owner', in relation to goods that have been destroyed, means a person who, or a partnership which, had an interest in the goods at the time of their destruction, but does not include a person who had such an interest by reason only that he was entitled to the benefit of a mortgage or other charge, or a lien, in respect of the goods unless he was in possession of the goods at that time.
(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 ACT 1908 - SECT 70
Powers of inspection

SECT

70. (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.
(2) The master of a vessel shall, if so required by a quarantine officer, produce to him for inspection the papers referred to in paragraph (1) (e).
Penalty: $5,000 or imprisonment for 2 years, or both.
(3) A person authorized in writing by a Director of Quarantine to act under this subsection 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, enter and inspect any part of the vessel and all animals, plants and goods on board the vessel.

QUARANTINE ACT 1908 - SECT 70AA
Inspection of installations

SECT

70AA.(1) This section applies in relation to:
(a) any Australian installation or any overseas installation; and
(b) any installation (other than an Australian installation or an overseas
installation) on which a quarantine officer has reasonable grounds to believe there are any persons who are, or any animals, plants or goods that are, subject to quarantine.
(2) A quarantine officer may board an installation to which this section applies and:
(a) enter and inspect any part of the installation;
(b) inspect any animals, plants or goods on board the installation; and
(c) inspect any log, manifest, journal and any other papers related to the
installation or to any persons, animals, plants or goods on board the installation.
(3) The master of an installation to which this section applies shall, if so required by a quarantine officer, produce to the officer for inspection the papers referred to in paragraph (2) (c).
Penalty: $5,000 or imprisonment for 2 years, or both.
(4) A person authorized in writing by a Director of Quarantine to act under this subsection may board an installation to which this section applies and may enter and inspect any part of the installation and any animals, plants or goods on board the installation.

QUARANTINE ACT 1908 - SECT 70A
Power to search baggage

SECT

70A.(1) A quarantine officer may search any baggage that has been taken off or out of an oversea vessel (whether it is the baggage of a passenger or member of the crew of that vessel or of another vessel) or any goods that the quarantine officer believes, on reasonable grounds, to be such baggage.
(2) A quarantine officer may ask a person who owns, is carrying or is otherwise associated with, or appears to the quarantine officer to be associated with, baggage that the quarantine officer is searching or entitled to search under subsection (1) any question in respect of that baggage relating to matters within the functions, duties or powers of the quarantine officer.
(3) A person shall not, without reasonable excuse, refuse or fail to answer a question put to him under subsection (2).
Penalty: $5,000.
(3A) A person shall not, in answer to a question put to him under subsection (2), make a statement that is, to his knowledge, false or misleading in a material particular.
Penalty: $5,000 or imprisonment for 2 years, or both.
(4) In this section:
'baggage', in relation to an oversea vessel, includes any parcel or other goods that a passenger or member of the crew of the vessel has had with him on the vessel;
'member of the crew' includes:
(a) in relation to a ship-the master, a mate or an engineer of the
ship; and
(b) in relation to an aircraft-the pilot of the aircraft.
'oversea vessel' includes a vessel that voyages or plys to or from a place in Australia that is in the Protected Zone.
(5) A reference in this section to a vessel or a ship shall be read as including a reference to an overseas installation.

QUARANTINE ACT 1908 - SECT 70B
Powers of officers in relation to goods

SECT

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 subsection (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 tests to be carried out, on any samples delivered in pursuance of subsection (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.

QUARANTINE ACT 1908 - SECT 70C
Offences in relation to goods

SECT

70C.(1) A person shall not, without reasonable excuse, refuse or fail to:
(a) answer a question put to him in pursuance of subsection 70B (2);
(b) produce a document or other record when so required in pursuance of
subsection 70B (3); or
(c) deliver a sample when so required in pursuance of subsection 70B (4).
(2) A person shall not:
(a) in answer to a question put to him in pursuance of subsection 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) 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;
(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:
(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.

QUARANTINE ACT 1908 - SECT 70D
Directions relating to the movement of persons and goods subject to
quarantine

SECT

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 subsection (1) or (2).
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.

QUARANTINE ACT 1908 - SECT 71
Boarding vessel or installation

SECT

71.(1) A quarantine officer boarding any vessel may remain thereon for such time as he considers necessary or desirable, and the master shall, if required by the quarantine officer, provide suitable and sufficient food and sleeping accommodation for him.
Penalty: $1,000.
(2) If the vessel is a passenger vessel, the quarantine officer shall be entitled to all the privileges and accommodation extended to a first-class passenger.
(3) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70AA applies.

QUARANTINE ACT 1908 - SECT 72
Medical inspections and examinations

SECT

72.(1) A quarantine officer may require the master of a vessel to cause all or any of the persons on the vessel to be informed that, for the purposes of quarantine inspection, a muster of those persons will be held at a time, and at a place on or in the vicinity of the vessel, specified by the quarantine officer.
(2) The master of a vessel shall comply with a requirement made by a quarantine officer under subsection (1) and, whether or not such a requirement is made, shall, by all reasonable means, facilitate the inspection by a quarantine officer of persons on the vessel.
Penalty: $5,000.
(3) A person on a vessel shall, unless prevented by illness or some other cause, attend a muster of which he is informed in pursuance of a requirement made under subsection (1).
Penalty: $2,000.
(4) If so required by a quarantine officer, a person on a vessel shall, unless prevented by illness or some other cause, attend, for the purpose of quarantine inspection, at a time, and at a place on or in the vicinity of the vessel, specified by the quarantine officer.
Penalty: $2,000.
(5) A person on a vessel, or a person who attends at a place in the vicinity of a vessel in pursuance of subsection (3) or (4), shall answer truly to the best of his knowledge all questions asked him by a quarantine officer concerning his personal health and the likelihood of his having been exposed to infection.
Penalty: $5,000.
(6) A person on a vessel, or a person who attends at a place in the vicinity of a vessel in pursuance of subsection (3) or (4), shall, if required by a quarantine officer, submit to a medical examination.
Penalty: $5,000.
(7) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70AA applies.

QUARANTINE ACT 1908 - SECT 73
Quarantine officer may make inquiries at any time

SECT

73.(1) A quarantine officer may ask the master or medical officer of any vessel any questions he thinks fit to ask concerning any sickness on board the vessel or the sanitary condition of the vessel, and the master or medical officer shall, to the best of his knowledge, information, and belief, truly answer the questions asked him by the quarantine officer.
Penalty: $10,000 or imprisonment for 5 years, or both.
(2) A quarantine officer may ask any person subject to quarantine any questions concerning his personal health or liability to infection, and the person shall, to the best of his knowledge, information, and belief, truly answer the questions asked him by the quarantine officer.
Penalty: $5,000.
(3) A quarantine officer may, if he thinks fit, require a person, who has been asked questions in pursuance of this section, to verify, by statutory declaration, the answers given to the questions, and any person who refuses to comply with any such requirement shall be guilty of an offence against this Act punishable upon conviction by a fine not exceeding $5,000 or imprisonment for 2 years, or both.
(4) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70AA applies.

QUARANTINE ACT 1908 - SECT 74
Power to affix notices

SECT

74.(1) A quarantine officer may affix any prescribed notices in relation to quarantine on any part of any vessel subject to quarantine, and on or near any quarantine station and in any quarantine area, and on any goods subject to quarantine.
(2) An unauthorized person shall not remove, deface, or interfere with any notice affixed in pursuance of this section.
Penalty: $5,000.
(3) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70AA applies.

QUARANTINE ACT 1908 - SECT 74AA
Quarantine information to be given to travellers to Australia

SECT

74AA. Where a vessel leaves a place outside Australia to travel to a port in Australia or to an Australian installation 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 Human Quarantine and the Director of Animal and Plant Quarantine.
Penalty: $5,000.

QUARANTINE ACT 1908 - SECT 74AB
Entry to premises for purposes of examinations

SECT

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 subsection (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 subsection (1), or by virtue of a warrant granted under subsection (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
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;
(aa) an Australian installation;
(b) a vessel; and
(c) a vehicle;
'prescribed provision of this Act' means section 44C, 44D, 52, 52A, 53, 54 or 55A.

QUARANTINE ACT 1908 - SECT 74A
Quarantine Warrants etc.

SECT

74A.(1) A quarantine officer may, with the consent of the occupier of any premises, enter the premises and exercise the functions of a quarantine officer under this section in relation to those premises.
(2) Where a quarantine officer has reason to believe that premises contain infected goods, the quarantine officer may make an application to a Justice of the Peace for a warrant (to be known as 'Quarantine Warrant') authorizing the quarantine officer to enter the premises and to exercise the functions of a quarantine officer under this section in relation to those premises.
(3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation, that there is reasonable ground for believing that the premises to which the application relates are premises on which there are infected goods, the Justice of the Peace shall grant a Quarantine 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, and to exercise the functions of a quarantine officer under this section in relation to those premises.
(4) The functions of a quarantine officer under this section in relation to premises are:
(a) to search the premises for infected goods and, for that purpose, to
break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on the premises;
(b) to order into quarantine any infected goods found on the premises;
(c) to carry out prescribed measures for regulating or preventing persons,
vehicles or goods entering or leaving the premises or prescribed measures of quarantine on or relating to the premises during:
(i) the search of the premises for infected goods;
(ii) any period that infected goods found on the premises remain on
the premises, whether by virtue of an approval of the premises under section 46A or otherwise; and
(iii) such period after the treatment, disinfection, removal or
destruction of infected goods found on the premises as the quarantine officer considers, on reasonable grounds, to be a period during which there is danger of the spread of infection by reason of those goods having been on the premises;
(d) to affix prescribed notices in relation to quarantine on or near the
premises;
(e) to trap or destroy wild animals on the premises;
(f) to ask questions and inspect documents relating to the movement of
persons, vehicles or goods onto or from the premises; and
(g) to exercise any other powers that the quarantine officer has under this
Act in respect of the premises or infected goods found on the premises;
and include the functions of a quarantine officer under section 74B.
(5) If, while a quarantine officer is entitled to exercise the functions of a quarantine officer in relation to premises, any vehicle leaves those premises without the permission of the quarantine officer, the quarantine officer may exercise those functions, so far as relevant, in relation to the vehicle as if it were part of those premises.
(6) Nothing in this section authorizes the exclusion of the occupier of premises from those premises while they are being searched.
(7) Nothing in this section authorizes the exclusion from a dwelling of a person who usually resides in that dwelling.
(8) This section does not limit the powers of a quarantine officer or other person under any other provision of this Act.
(9) In this section:
'infected goods' means:
(a) goods infected with a quarantinable disease;
(b) goods that a quarantine officer suspects, on reasonable grounds,
are likely to be infected with a quarantinable disease;
(c) goods that have been exposed to infection with a quarantinable
disease;
(d) goods that have been:
(i) imported into Australia or the Cocos Islands;
(ii) brought into any port or place in Australia or the Cocos
Islands;
(iii) removed from a part of Australia to another part of
Australia; or
(iv) removed from a part of the Cocos Islands to another part of
the Cocos Islands;
in contravention of this Act or any proclamation under this Act; or
(e) subject to subsection (10), goods that have been in contact with,
or that a quarantine officer suspects, on reasonable grounds, have been in contact with, goods referred to in paragraph (a), (b), (c) or (d);
'premises' includes:
(a) an area of land that is not associated with any building;
(b) a vessel; and
(c) an Australian installation;
but does not include a quarantine station or quarantine area.
(10) For the purposes of this section:
(a) goods shall be deemed to have been in contact with each other if they
have been in close proximity to each other;
(b) an animal shall be deemed to have been in contact with any animal of
which it is the progeny;
(c) a plant shall be deemed to have been in contact with any plant of which
it is the progeny, including any plant of which it was a cutting or from which it was otherwise derived; and
(d) goods that have been in contact with other goods shall be deemed to have
been in contact with any goods with which those other goods have beenn in contact (including any goods with which those other goods are deemed to have been in contact by virtue of this subsection).

QUARANTINE ACT 1908 - SECT 74B
Power to search premises for documents

SECT

74B.(1) A quarantine officer may, with the consent of the occupier of any premises, enter the premises and exercise the functions of a quarantine officer under this section.
(2) Where a quarantine officer has reason to blieve that there are on premises any examinable documents, the quarantine officer may make an application to a Justice of the Peace for a warrant authorizing the quarantine officer to enter the premises and to exercise the functions of a quarantine officer under this section in relation to those premises.
(3) If, on an application under subsection (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 those
premises any examinable documents; and
(b) that the issue of the 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, 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, and to exercise the functions of a quarantine officer under this section in relation to those premises.
(4) The functions of a quarantine officer under this section in relation to premises are:
(a) to search the premises for examinable documents and, for that purpose,
to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on the premises; and
(b) to inspect, take extracts from and make copies of any examinable
documents found on the premises.
(5) In this section:
'examinable documents' means any books, documents or papers relating to goods that are infected goods within the meaning of section 74A, or relating to domestic animals that are in the Cocos Islands;
'premises' has the same meaning as in section 74A.

QUARANTINE ACT 1908 - SECT 74BA
Powers of search relating to domestic animals in the Cocos Islands

SECT

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 subsection (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
(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 subparagraphs (i), (ii) and (iii).
(6) A person shall not, without reasonable excuse, fail to comply with a direction given to him under subparagraph (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.

QUARANTINE ACT 1908 - SECT 74C
Obstruction of officers and non-compliance with directions

SECT

74C.(1) A person shall not, without reasonable excuse, obstruct or hinder a quarantine officer acting in pursuance of subsection 74A (1), 74B (1) or 74BA (1) or in pursuance of a warrant granted under subsection 74A (3), 74B (3) or 74BA (3).
(2) A person shall not:
(a) without reasonable excuse, refuse or fail to answer a question put to
him under paragraph 74A (4) (f); or
(b) in answer to such a question, make a statement that is false or
misleading in a material particular.
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.

QUARANTINE ACT 1908 - SECT 74D
Powers relating to vehicles

SECT

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, without limiting the generality of the foregoing:
(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 subsection (1).
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.
(3) In this section:
'infected goods' has the same meaning as in section 74A;
'vehicle' includes any vessel.

QUARANTINE ACT 1908 - SECT 74E
Persons to assist officers

SECT

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: $5,000.
(2) A reference in subsection (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 ACT 1908 - SECT 75
Persons may be vaccinated

SECT

75.(1) A quarantine officer may require any person subject to quarantine or performing quarantine to be vaccinated or inoculated with any prophylactic or curative vaccine, and any person so required to be vaccinated or inoculated shall submit to be vaccinated or inoculated accordingly.
Penalty: $2,000.
(2) A quarantine officer shall not require any person to be vaccinated or inoculated unless, in his opinion, vaccination or inoculation is necessary for the prevention of the spread of a quarantinable disease.
(3) The Minister may take such action as he thinks fit to ensure the manufacture or importation of any prophylactic vaccine or other biological product required for the prevention or treatment of disease.

QUARANTINE ACT 1908 - SECT 75A
Vessels involved in certain offences

SECT

75A.(1) In this section, unless the contrary intention appears:
'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 administering the Department that deals with human quarantine or the Minister administering the Department that deals with animal and plant quarantine 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 subsection (5)) who moves, participates in the moving of, a vessel from the place at which she is detained under subsection (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 $20,000 or imprisonment for a period not exceeding 10 years, or both.
(7) Where an approved person detains a vessel under subsection (4), that person shall, as soon as practicable, give the Minister particulars of the detention.
(8) Where a vessel has been detained under subsection (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 subsections (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 subsection (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 subsection (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 subparagraph (9) (a) (i) or forfeited to the Crown under subparagraph (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 subsection-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.
(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 purpose of the application of section 31 in relation to a prescribed vessel.

QUARANTINE ACT 1908 - SECT 75B
Animals on boats

SECT

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 ACT 1908 - SECT 76
Trespassing on quarantine stations

SECT

76.(1) An unauthorized person shall not:
(a) enter or trespass on any quarantine station or quarantine area; or
(b) interfere with any goods, animals, or plants subject to quarantine.
Penalty: $5,000 or imprisonment for 2 years, or both.
(2) Any unauthorized person who enters any quarantine station while any person is performing quarantine thereon or enters a quarantine area shall be subject to quarantine, and may be detained at the quarantine station for the performance of quarantine or in the quarantine area, as the case may be.

QUARANTINE ACT 1908 - SECT 77
Pilot to incur penalty on wrongly conducting vessel

SECT

77. A pilot shall not, unless compelled by stress of weather or other reasonable cause, conduct a vessel subject to quarantine into any place other than the proper place for a vessel so subject.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 78
Penalty for entering port, other than first port of entry, having disease on
board

SECT

78. The master of a vessel who, knowing that any quarantinable disease exists on his vessel, suffers his vessel to enter a port, other than a port declared to be a first port of entry, shall be guilty of an offence against this Act punishable upon conviction by a fine not exceeding $50,000 or imprisonment for a period not exceeding 10 years, or both, unless he proves that it was necessary for the vessel to enter the port for the purpose of saving human life.

QUARANTINE ACT 1908 - SECT 78A
Cleansing and disinfection of insanitary vessels or installations

SECT

78A.(1) A quarantine officer may, subject to the regulations, order any vessel in any port in Australia or the Cocos Islands, which vessel is in his opinion in an insanitary condition favourable to the spread of communicable disease, to be cleansed, fumigated, disinfected, or treated to his satisfaction, and the master of the vessel shall cause her to be cleansed, fumigated, disinfected, or treated accordingly.
(2) A quarantine officer may, subject to the regulations, order any such vessel to be taken to an appointed place for the purpose of cleansing, fumigation, disinfection or treatment, and the master of the vessel shall cause her to be taken to that place.
(3) The Minister may order any vessel in any port or place in Australia to be taken to any other port or place in Australia for the purpose of cleansing, fumigation, disinfection, treatment or performance of quarantine, and the master of the vessel shall cause her to be taken to that port or place accordingly.
(4) A quarantine officer may, subject to the regulations, order any Australian resources installation or any resources installation which is in Australian waters for the purpose of becoming attached to the Australian seabed which is, in his opinion, in an insanitary condition favourable to the spread of communicable disease, to be cleansed, fumigated, disinfected or treated to his satisfaction, and the master of the installation shall cause the installation to be cleansed, fumigated, disinfected or treated accordingly.
Penalty: $20,000 or imprisonment for 10 years, or both.
(5) A quarantine officer may, subject to the regulations, order any Australian sea installation, or any sea installation which is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area, which is, in the opinion of the officer, in an insanitary condition favourable to the spread of communicable disease, to be cleansed, fumigated, disinfected or treated to the satisfaction of the officer, and the master of the installation shall cause the installation to be cleansed, fumigated, disinfected or treated accordingly.
Penalty: $5,000 or imprisonment for 2 years, or both.

QUARANTINE ACT 1908 - SECT 78B
Mooring of insanitary vessels

SECT

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 subsection (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: $20,000 or imprisonment for 10 years, or both.

QUARANTINE ACT 1908 - SECT 79
Offences as to documents

SECT

79. Whoever:
(a) forges any document under this Act, or any official copy thereof, or the
signature of any officer performing any duty under this Act; or
(b) utters or puts off, knowing it to be forged, any forged document
purporting to be a document issued under this Act; or
(c) fraudulently lends any certificate or document issued under this Act to
any other person or allows it to be used by any other person;
shall be guilty of an offence against this Act punishable upon conviction by imprisonment for a period not exceeding 10 years.

QUARANTINE ACT 1908 - SECT 80
Penalty for desertion

SECT

80. Any officer who:
(a) wilfully deserts from his duty; or
(b) knowingly and unlawfully permits any person, vessel, animal, plant, or
goods to depart from or be conveyed out of any quarantine station where they are detained;
shall be guilty of an indictable offence against this Act punishable upon conviction by imprisonment for a period not exceeding 5 years.

QUARANTINE ACT 1908 - SECT 81
Bribing, assaulting, obstructing, or intimidating officers

SECT

81.(1) Whoever:
(a) gives or offers, or promises to give or procure to be given, any bribe,
recompense, or reward to any officer, to induce him in any way to neglect or not to perform his duty; or
(b) makes any collusive agreement with an officer to neglect or not to
perform his duty; or
(c) by threats, demands, or promises, attempts to improperly influence an
officer in the performance of his duty;
shall be guilty of an offence against this Act.
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.
(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.

QUARANTINE ACT 1908 - SECT 82
Officers taking bribes

SECT

82. Any officer who:
(a) accepts any bribe, recompense, or reward, for or on account of any
neglect to perform or non-performance of his duty; or
(b) makes any collusive agreement with any person to neglect or not to
perform his duty;
shall be guilty of an indictable offence against this Act punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

QUARANTINE ACT 1908 - SECT 83
Master, medical officer or agent misleading quarantine officer

SECT

83. Any master or medical officer of a vessel or of an Australian installation, a resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed or a sea installation that is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area, or any agent of any such vessel or installation, who:
(a) wilfully makes any false statement in answer to any question asked him
by a quarantine officer under this Act; or
(b) wilfully misleads a quarantine officer in the performance of his duty;
shall be guilty of an offence against this Act punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.

QUARANTINE ACT 1908 - SECT 84
Maliciously ordering vessels etc. into quarantine

SECT

84. Any quarantine officer who maliciously and without reasonable cause orders any vessel, installation, person, goods, animal, or plant into quarantine shall be guilty of an indictable offence against this Act punishable upon conviction by imprisonment for a period not exceeding 2 years.

QUARANTINE ACT 1908 - SECT 85
Proceedings in respect of offences

SECT

85.(1) An offence against this Act that:
(a) is not expressed to be an indictable offence; and
(b) is not punishable by imprisonment, is punishable by imprisonment but for
a period not exceeding one year or is punishable by a fine not exceeding $5,000;
shall be prosecuted summarily.
(2) An offence against this Act that:
(a) is not expressed to be an indictable offence; and
(b) is punishable by imprisonment for a period exceeding one year, or by a
fine exceeding $5,000;
may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.
(3) Where proceedings for an offence referred to in subsection (2) are brought in a court of summary jurisdiction, the court may commit the defendant for trial or to be otherwise dealt with in accordance with law or, if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent to it doing so, may determine the proceedings summarily.
(4) Where a court of summary jurisdiction determines proceedings summarily in accordance with subsection (3), it shall not impose a fine exceeding $5,000 or sentence the defendant to imprisonment for a period exceeding 2 years.

QUARANTINE ACT 1908 - SECT 86A
Venue in summary prosecution

SECT

86A. Proceedings in a court of summary jurisdiction may be instituted either in the State or part of the Commonwealth where the offence was committed, or in the State or part of the Commonwealth in which the defendant is found.

QUARANTINE ACT 1908 - SECT 86B
Jurisdiction of courts

SECT

86B.(1) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.
(2) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under this Act.

QUARANTINE ACT 1908 - SECT 86C
Power to administer oaths or take declarations

SECT

86C. All quarantine officers who are authorized in that behalf by the regulations or by the Minister are hereby authorized to administer oaths or affirmations and to take declarations in all cases in which any answers to questions asked in pursuance of this Act are by this Act or the regulations required to be verified by oath, affirmation, or declaration.

QUARANTINE ACT 1908 - SECT 86D
Averment of prosecution sufficient

SECT

86D. In every prosecution for an offence against this Act or the regulations the averment of the prosecutor contained in the information shall, in the absence of proof to the contrary, be deemed to be proved.

QUARANTINE ACT 1908 - SECT 86E
Fees

SECT

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 subsection
44A (5) or 44B (1).
(2) A notice under subsection (1) may specify the persons by whom fees are payable.
(3) A determination under subsection (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 subsection (2)) and sections 48A, 48B, 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 determination, as the case requires.

QUARANTINE ACT 1908 - SECT 87
Regulations

SECT

87.(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for any of the following matters:
(a) for regulating the performance of quarantine;
(b) for regulating and protecting quarantine stations and quarantine areas;
(c) for regulating or preventing ingress to or egress from any quarantine
area and for prescribing measures of quarantine within any quarantine area;
(d) for regulating or preventing the removal of animals plants mails or
goods from any quarantine area;
(e) for requiring notification to a quarantine officer of each case of a
quarantinable disease which arises in Australia or the Cocos Islands or within any specified part of Australia or the Cocos Islands or within any quarantine area;
(f) for prescribing the precautions to be taken to prevent the ingress to or
egress from a vessel of rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease;
(g) for prescribing the measures to be taken by the masters or owners of
vessels to destroy rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease, which may exist on the vessels;
(h) for prescribing and for establishing and maintaining on vessels or
within any quarantine area of conditions unfavourable to, and to the migration of, rats, mice, mosquitoes or other vermin or species or kinds of animals or insects liable to convey disease, for fixing the time limit for the completion of any work necessary for the purpose of establishing such conditions, and for empowering the Minister, in case of default by the owner or master, to carry out any such work at the expense of the owner or master;
(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;
(iv) on voyages between ports in the Cocos Islands; and
(v) on voyages between Australian ports and Australian installations;
to prevent the introduction into Australia or the Cocos Islands, or the spread, of quarantinable diseases;
(k) for regulating the discharge from vessels of any water, ballast, or
refuse;
(l) for regulating and controlling the sanitary conditions of:
(i) vessels in, or on, ports or landing places;
(ii) wharf areas and landing places which are, or are situated in,
places which are proclaimed places by virtue of section 12 (including buildings and stores on any such wharf areas and landing places) and refuse dumps on or adjacent to any such wharf areas and landing places; and
(iii) Australian installations;
(la) for prescribing measures to be taken for the diagnosis and prevention
of disease for purposes of, or incidental to, quarantine;
(lb) for prescribing measures to be taken by persons authorized by a Chief
Quarantine Officer or by the master of a vessel engaged in navigation by air for the spraying or fumigation of the vessel before and after landing in Australia or the Cocos Islands;
(m) for providing for the examination by quarantine officers of animals or
plants for export from Australia or from the Cocos Islands;
(n) for providing for the granting of certificates by quarantine officers in
relation to any vessels, animals, plants, or goods examined or treated by them or under their supervision;
(p) for prescribing the movements of any person subject to quarantine;
(q) for prescribing measures of disinfection, fumigation, and other measures
of quarantine which persons or goods subject to quarantine shall carry out or be subjected to;
(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 a 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 subsection 13 (2A) is prohibited; or
(ii) are disease agents produced in Australia from goods of the kind
referred to in subparagraph (i);
(r) for prescribing the conditions under which any prophylactic or curative
vaccine or serum may be prepared and offered for sale;
(s) for prescribing penalties not exceeding $2,000 for breaches of the
regulations;
(t) for regulating for the purposes of this Act and the Regulations,
navigation by air;
(u) requiring and prescribing reports from vessels by radio-telegraphy; and
(v) for regulating inter-state traffic and prescribing measures of
quarantine in relation to inter-state traffic for the prevention of the occurrence or spread of communicable diseases or diseases or pests affecting animals or plants.
(1A) Regulations made under subsection (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 subsection (1), regulations may be made under that subsection 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.
(2) Regulations made under paragraph (1) (v):
(a) shall be published in the Gazette;
(b) shall come into force only in pursuance of an order made by the
Minister;
(c) shall be in force in such State, Territory, place, area, or locality
within the Commonwealth as the Minister by order directs; and
(d) shall remain in force for such time as is specified in the order, but
may from time to time, by a further order, be renewed for a further specified period for the same locality or part thereof.
(3) Any order made by the Minister in pursuance of subsection (2) shall set forth the regulations to which the order relates.
(4) A reference in this section to a vessel includes a reference to:
(a) an Australian resources installation or a resources installation that is
in Australian waters for the purposes of becoming attached to the Australian seabed; and
(b) an Australian sea installation or a sea installation that is in
Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area.