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Quarantine Amendment Proclamation 2004 (No. 5)

Authoritative Version
  • - F2005B00417
  • No longer in force
Proclamations/Other as made
An amendment to the Quarantine Proclamation 1998 - consequential on the making of the Quarantine (Christmas Island) Proclamation 2004 and the Quarantine (Cocos Islands) Proclamation 2004
Administered by: Agriculture, Fisheries and Forestry
Registered 04 Feb 2005
Tabling HistoryDate
Tabled HR08-Feb-2005
Tabled Senate08-Feb-2005
Gazetted 21 Dec 2004
Date of repeal 19 Jul 2013
Repealed by Agriculture, Fisheries and Forestry (Spent and Redundant Instruments) Repeal Regulation 2013

Quarantine Amendment Proclamation 2004 (No. 5)

Quarantine Act 1908

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

Signed and sealed with the
Great Seal of Australia
on 16 December 2004

P. M. JEFFERY
Governor-General

By His Excellency’s Command

WARREN TRUSS

 


1              Name of this Proclamation

                This Proclamation is the Quarantine Amendment Proclamation 2004 (No. 5).

2              Commencement

                This Proclamation commences on 1 January 2005.

3              Amendment of Quarantine Proclamation 1998

                Schedule 1 amends the Quarantine Proclamation 1998.


Schedule 1        Amendments

(section 3)

  

[1]           Reader’s Guide, clause 3.2

substitute

3.2       The Quarantine Act provides for certain matters to be dealt with by subordinate legislation (that is, Proclamations, Regulations and determinations). There is 1 set of Regulations made under the Quarantine Act: the Quarantine Regulations 2000. This Proclamation is 1 of 3 Quarantine Proclamations now in force. The 2 other Proclamations are the Quarantine (Christmas Island) Proclamation 2004 and the Quarantine (Cocos Islands) Proclamation 2004. The Quarantine Act, Regulations and Proclamations can be accessed through the Australian Quarantine and Inspection Service Internet site at www.aqis.gov.au/law/index.htm or from the SCALEplus website (maintained by the Attorney-General’s Department) at http://scaleplus.law.gov.au.

[2]           Reader’s Guide, clause 4.1, table

omit

Christmas Island

No, but may be extended by regulations — see s 6AA

insert

Christmas Island

Yes — see s 6

[3]           Reader’s Guide, clause 4.1, table

omit

Heard and McDonald Islands

No — see s 17 (a) of the Acts Interpretation Act 1901

insert

Heard Island and McDonald Islands

No — see s 17 (a) of the Acts Interpretation Act 1901

[4]           Reader’s Guide, clause 5

substitute

5              Authority for this Proclamation

5.1       Sections 13, 13A and 14 of the Quarantine Act, so far as relevant, are as follows:

13  Proclamation of ports of entry etc.

             (1)  The Governor-General may, by proclamation:

                     (a)  declare any ports in Australia to be first ports of entry for overseas vessels; or

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

                  (aab)  declare any ports in Christmas Island to be first Christmas Island ports of entry for overseas vessels; or

                    (aa)  declare any place or area in Australia, the Cocos Islands or Christmas Island to be a landing place for aircraft; or

                     (b)  declare any ports in Australia, the Cocos Islands or Christmas Island to be ports where imported animals, plants or other goods, or imported animals, plants or other goods of a particular kind or description or having a particular use, may be landed; or

                     (c)  appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods, animals, or plants; or

                    (ca)  declare a disease or pest to be a quarantinable disease or quarantinable pest, as the case may be; or

                     (d)  prohibit the introduction or importation into Australia, into the Cocos Islands, or into Christmas Island, of any disease or pest or any substance, article or thing containing, or likely to contain, any disease or pest; or

                     (e)  prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any articles or things likely, in his or her opinion, to introduce, establish or spread any disease or pest; or

                      (f)  prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any animals, plants or other goods, or any parts of animals or plants; or

                    (fa)  prohibit the bringing into any port or other place in Australia, the Cocos Islands or into Christmas Island of any animals, plants or other goods, or any parts of animals of plants; or

                     (g)  prohibit the removal of any animals, plants or other goods, or any parts of animals or plants:

                              (i)  from any part of the Commonwealth to any other part of the Commonwealth; or

                             (ii)  from any part of the Cocos Islands to any other part of the Cocos Islands; or

                            (iii)  from any part of Christmas Island to any other part of Christmas Island; or

                    (ga)  prohibit the removal of any animals, plants or other goods, or any parts of animals or plants:

                              (i)  from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or

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

                    (gb)  prohibit the removal of any animals, plants or other goods or any parts of animals or plants:

                              (i)  from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or

                             (ii)  from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

                    (gc)  prohibit the removal of any animals, plants or other goods, or parts of animals or plants:

                              (i)  from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island; or

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

                     (h)  declare any part of the Commonwealth, of the Cocos Islands, or of Christmas Island in which any disease or pest exists, or is suspected to exist, to be a quarantine area; or

                      (i)  declare that any vessel, people, animals, plants or other goods in any quarantine area, or in any part of the Commonwealth, of the Cocos Islands or of Christmas Island in which a disease or pest exists, or is suspected to exist, are to 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 overseas vessels, or for overseas vessels from any particular place, or for any class of overseas 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 overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels.

          (1C)  The power to declare first Christmas Island ports of entry extends to authorize the declaration of a port to be a first Christmas Island port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels.

             (2)  The power of prohibition under this section shall extend to authorize prohibition generally or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to any specified conditions or restrictions.

          (2A)  A Proclamation under subsection (1):

                     (a)  prohibiting the introduction into Australia, the Cocos Islands or Christmas Island of any thing; or

                     (b)  prohibiting the importation into Australia, the Cocos Islands or Christmas Island of any thing; or

                     (c)  prohibiting the bringing into a port or other place in Australia, the Cocos Islands or Christmas Island of any thing; or

                     (d)  prohibiting the removal of any thing:

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

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

                            (iii)  from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or

                            (iv)  from a part of Christmas Island to another part of Christmas Island; or

                             (v)  from Australia or a part of Australia to Christmas Island or a part of Christmas Island or from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

                            (vi)  from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island;

may provide that the introduction, importation, bringing or removal of the thing is prohibited unless a permit to introduce, import, bring or remove the thing is granted by a Director of Quarantine.

       (2AA)  A Director of Quarantine may, for the purposes of subsection (2A), grant a permit that relates to a specified act, or a specified class of acts, in relation to a specified thing or a specified class of things.

          (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 introduction, importation, bringing or removal of the thing to which the permit relates, by the holder of the permit, being conditions or requirements set out in the permit.

          (2C)  If, after the grant of a permit under a Proclamation made in accordance with subsection (2A), a Director of Quarantine is satisfied:

                     (a)  that the level of quarantine risk in respect of the introduction, importation, bringing or removal of the thing or class of things to which the permit relates has altered; or

                     (b)  that the person to whom the permit was granted has breached a condition of the permit;

that Director of Quarantine may, by notice in writing given to the person to whom the permit was issued, revoke the permit.

             (3)  The powers conferred on the Governor-General by this section, in relation to the matters specified in paragraphs (1)(g), (ga), (gb), (gc), (h) and (i), so far as they relate to vessels, people, animals, plants or other goods, or any disease or pest, are exercisable in relation to the Commonwealth, the Cocos Islands or Christmas Island only if the Governor-General is satisfied that the exercise of the powers is necessary for the purpose of preventing the introduction, establishment or spread of a disease or pest.

             (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 animals, plants or other goods, 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 animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods 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 or her 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 animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (4).

             (6)  If there is in force a Proclamation (the relevant Proclamation) under subsection (1) (whether made before or after the commencement of this subsection) prohibiting:

                     (a)  the bringing into a port or other place in Australia of any animals, plants or other goods; or

                     (b)  the removal of any animals, plants or other goods:

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

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

                            (iii)  from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or

                            (iv)  from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or

                             (v)  from a part of Christmas Island to another part of Christmas Island; or

                            (vi)  from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or

                           (vii)  from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or

                           (viii)  from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands; or

                            (ix)  from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island;

the Governor-General may, by Proclamation (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 animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods that:

                     (c)  are brought or removed, on board a Protected Zone vessel, from a part of Australia that:

                              (i)  is in the Protected Zone; or

                             (ii)  is in an area in the vicinity of the Protected Zone; or

                            (iii)  is in a Special Quarantine Zone; and

                     (d)  are owned by, or are under the control of, a traditional inhabitant who is on board that vessel.

             (7)  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 animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (6).

13A  Emergency quarantine grounds

                   The Minister may appoint any place to be a temporary quarantine station for such period as he or she 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.

14  Exemption of certain vessels and goods

                   The Governor-General may exempt, for such time and subject to such conditions as he or she thinks fit, from all or any of the provisions of this Act:

                     (a)  any ship of war; and

                     (b)  any vessels trading exclusively:

                              (i)  between Australian ports; or

                            (ia)  between Australian ports and Australian installations; or

                             (ii)  between ports in the Cocos Islands; or

                            (iii)  between Australia and New Zealand; or

                            (iv)  between Australia and Fiji; or

                             (v)  between Australia and the Cocos Islands; or

                           (va)  between ports in Christmas Island; or

                           (vb)  between Australia and Christmas Island; or

                           (vc)  between the Cocos Islands and Christmas Island; or

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

                     (c)  any particular vessel or class of vessels; and

                     (d)  any persons, animals, plants or goods or any classes of persons, animals, plants or other goods.

[5]           Reader’s Guide, clause 6.1

substitute

6.1       Most of this Proclamation is about things that cannot be imported into Australia. There are also some restrictions on the movement of things within Australia. If a Part contains restrictions on moving things within Australia, those restrictions are in a separate Division. All of the Parts and Divisions have self-explanatory headings that are repeated as running headings at the top of each page within the Part or Division.

[6]           Reader’s Guide, clause 6.4

omit

the proclamation.

insert

this Proclamation.

[7]           Reader’s Guide, clause 6.5

omit

The proclamation

insert

This proclamation

[8]           Reader’s Guide, clause 6.5

omit

Act.

insert

Quarantine Act.

[9]           Reader’s Guide, clause 8, heading

substitute

8              What status has a particular port under this Proclamation?

[10]         Reader’s Guide, clause 8.3, not including the tables

omit

[11]         Reader’s Guide, clause 9

substitute

9              What are the consequences of illegal importation?

9.1       The Quarantine Act creates offences for importing things in contravention of the Quarantine Act or this Proclamation, and for failing to comply with conditions attached to permits granted under this Proclamation. The Quarantine Act also provides for seizure of illegally imported things. The relevant provisions in the Quarantine Act are set out below:

67  Penalties for certain acts done in contravention of Act

                  Basic illegal importation offence

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

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

                     (b)  the person knows that the thing is:

                              (i)  a disease or pest; or

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

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

                     (c)  the importation, introduction or bringing in of the thing is in contravention of this Act.

Maximum penalty:     Imprisonment for 10 years.

                  Strict liability applies to paragraph (1)(c)

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

                  Aggravated illegal importation offence

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

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

                     (b)  the person knows that the thing is:

                              (i)  a disease or pest; or

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

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

                     (c)  the importation, introduction or bringing in of the thing is in contravention of this Act; and

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

Maximum penalty:

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

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

                  Examples of commercial advantage

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

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

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

                  Strict liability applies to paragraph (3)(c)

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

                  Illegal removal offence

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

                     (a)  the person removes any thing:

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

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

                            (iii)  from Australia to the Cocos Islands; or

                            (iv)  from the Cocos Islands to Australia; or

                             (v)  from a part of Christmas Island to another part of Christmas Island; or

                            (vi)  from Australia to Christmas Island; or

                           (vii)  from Christmas Island to Australia; or

                           (viii)  from Christmas Island to the Cocos Islands; and

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

                     (c)  the removal of the thing is in contravention of this Act.

Maximum penalty:     Imprisonment for 10 years.

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

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

                  Non-compliance with condition of permit granted under Proclamation

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

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

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

Maximum penalty:   Imprisonment for 10 years.

                  Hindering compliance with Act

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

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

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

Maximum penalty:   Imprisonment for 10 years.

68  Effect of unlawful importation etc.

                  Circumstances in which section applies

             (1)  This section applies if:

                     (a)  any animals, plants or other goods are imported or introduced into, or brought into any port or other place in, Australia, the Cocos Islands or Christmas Island; or

                     (b)  any animals, plants or other goods are removed:

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

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

                            (iii)  from Australia to the Cocos Islands; or

                            (iv)  from the Cocos Islands to Australia; or

                             (v)  from a part of Christmas Island to another part of Christmas Island; or

                            (vi)  from Australia to Christmas Island; or

                           (vii)  from Christmas Island to Australia; or

                           (viii)  from Christmas Island to the Cocos Islands; or

                            (ix)  from the Cocos Islands to Christmas Island; or

                     (c)  any animals, plants or other goods are moved, interfered with or dealt with;

in contravention of this Act.

                  Seizure of goods

             (2)  A quarantine officer may seize the animals, plants or goods and, if they are seized:

                     (a)  they are forfeited to the Commonwealth; and

                     (b)  the quarantine officer must give a notice to a person referred to in subsection (4) stating that they have been seized and forfeited to the Commonwealth and that they will be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that a Director of Quarantine thinks appropriate; and

                     (c)  a Director of Quarantine may cause the animals, plants or goods to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.

                  Notice by Director of Quarantine where goods not seized

             (3)  If the animals, plants or goods have not been seized under subsection (2), a Director of Quarantine may give a notice to a person referred to in subsection (4) stating that they will be seized, sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of in any way that the Director thinks appropriate unless, within a period set out in the notice:

                     (a)  they are destroyed, exported from Australia, the Cocos Islands or Christmas Island, as the case may be, or otherwise dealt with in a way set out in the notice; and

                     (b)  any other requirements set out in the notice relating to the animals, plants or goods are complied with.

                  Person to whom notice may be given

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

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

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

                  Notice must not require action involving unacceptably high level of risk

             (5)  A Director of Quarantine must not give a notice under subsection (3) if the Director is not satisfied that:

                     (a)  if the animals, plants or goods are dealt with in the way set out in the notice, there will be no unacceptably high level of quarantine risk; or

                     (b)  the person will either comply with the notice or tell the Director within the period set out in the notice that the person does not wish to deal with the goods as required by the notice.

                  Authorised action will not contravene Act

             (6)  If, the animals, plants or goods have not been released from quarantine, any movement of, interference with, or dealing with, them that is necessary to comply with the notice is not a contravention of this Act.

                  Liability for things done before notice not affected

             (7)  Any civil or criminal liability of the person to whom a notice is given because of a contravention of this Act that occurred in relation to the animals, plants or goods before the notice is given is not affected by the giving of the notice.

                  Further notice may be given

             (8)  At any time before the person to whom a notice under subsection (3) is given complies with the notice, a Director of Quarantine may give a further notice to the person amending or revoking the notice. If the notice is amended, this section applies to the notice as amended in the same way as it applied to the original notice.

                  If notice is not complied with

             (9)  If a notice is given to a person under subsection (3) within the period prescribed by the regulations for the purposes of this subsection, but the person:

                     (a)  does not comply with the notice within the period specified in it; or

                     (b)  tells a Director of Quarantine within that period that the person does not wish to deal with the goods as required by the notice;

the following provisions have effect:

                     (c)  the animals, plants or goods are forfeited to the Commonwealth; and

                     (d)  an officer or an officer of Customs may seize them; and

                     (e)  a Director of Quarantine may cause them to be sold, destroyed, exported from Australia, the Cocos Islands or Christmas Island or otherwise disposed of.

68A  Destruction of certain animals

                   If:

                     (a)  an animal has been brought into a port or other place in Australia, the Cocos Islands or Christmas Island but the animal was not intended, or is not permitted, to be imported into Australia, the Cocos Islands or Christmas Island, as the case may be; and

                     (b)  the master of a vessel or installation fails to comply with:

                              (i)  a direction given by a Director of Quarantine with respect to the animal; or

                             (ii)  any of the prescribed conditions relating to the giving of reports about the animal, or relating to the control or confinement of, or the giving of access to, the animal;

a quarantine officer may destroy the animal.

[12]         Section 3, definition of Australia

substitute

Australia, when used in a geographical sense:

                (a)    includes the Territory of Ashmore and Cartier Islands; but

               (b)    does not include Christmas Island or the Cocos Islands.

[13]         Section 3, after definition of canned

insert

Christmas Island  see section 5 of the Quarantine Act.

Note   The definition is:

Christmas Island means the Territory of Christmas Island.’.

[14]         Part 2, Division 2

omit

[15]         Section 21

omit

disease.

insert

disease for Australia.

[16]         Part 3, Division 3

omit

[17]         Subparagraph 28 (2) (c) (iv)

omit

ganoderma

insert

Ganoderma spp.

[18]         Part 4, Division 3

omit

[19]         Part 5, Division 3

omit

[20]         Section 36

omit

disease.

insert

disease for Australia.

[21]         Part 6, Division 3

omit

[22]         Subsection 58 (1)

omit

disease.

insert

disease for Australia.

[23]         Subsection 58 (1), note

omit

Act,

insert

Quarantine Act,

[24]         Subsection 58 (2)

omit

pest.

insert

pest for Australia.

[25]         Part 7, Division 4

omit

[26]         Section 70

omit

or the Cocos Islands,

[27]         Section 70, note

substitute

Note   Level of quarantine risk is defined in section 5D of the Quarantine Act. The definition is as follows:

5D  Level of quarantine risk

                A reference in this Act to a level of quarantine risk is a reference to:

                    (a)   the probability of:

                             (i)   a disease or pest being introduced, established or spread in Australia, the Cocos Islands or Christmas Island; and

                            (ii)   the disease or pest causing harm to human beings, animals, plants, other aspects of the environment, or economic activities; and

                   (b)   the probable extent of the harm.

[28]         Section 75

substitute

75            Saving of permits already granted

                A permit to import a thing continues to have effect according to its terms if the permit:

                (a)    was granted in accordance with subsection 13 (2A) of the Quarantine Act on or after 7 July 1998; and

               (b)    was in force immediately before 1 January 2005.

[29]         Schedule 1, Part 3

omit