Commonwealth Consolidated Acts

QUARANTINE ACT 1908

TABLE OF PROVISIONS

   PART I--INTRODUCTORY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   2A.     Power to supersede Quarantine measures under State Acts  
   2B.     Proclamation in event of epidemic  
   3.      Coordinated response powers  
   4.      Scope of quarantine  
   5.      Interpretation  
   5AA.    References to quarantine officer  
   5A.     Special Quarantine Zones  
   5B.     When person or thing is taken to have been exposed to another person or thing  
   5C.     Power or requirement to do or cause a thing to be done  
   5D.     Level of quarantine risk  
   5E.     References to aircraft and commander of an aircraft  
   6.      Extension of Act to Cocos Islands and Christmas Island  
   6AB.    Extension of Act to Ashmore and Cartier Islands  
   6A.     Special provision regarding resources installations in the Joint Petroleum Development Area  
   6B.     Power to make, vary, suspend or revoke various instruments etc.  
   6C.     Provisions relating to conditions, restrictions or requirements  
   7.      No appropriation  

   PART II--ADMINISTRATION

   8A.     Officers responsible for human quarantine  
   8B.     Officers responsible for animal and plant quarantine  
   9.      Appointment of officers responsible for human quarantine  
   9AA.    Appointment of officers responsible for animal and plant quarantine  
   9A.     Temporary quarantine officers  
   10.     Delegation by Minister  
   10A.    Delegation by Secretary  
   10B.    Delegation by Director of Quarantine  
   11.     Arrangements with State and Territory Governments to aid in carrying out this Act  

   PART IIA--PROPOSED DECISIONS AFFECTING THE ENVIRONMENT

   11A.    Definitions  
   11B.    Decisions under this Act not to be regarded as actions for the purposes of the Environment Protection and Biodiversity Conservation Act  
   11C.    Requirement to seek from Environment Minister advice about proposed decision involving significant risk of environmental harm  
   11D.    Provision of advice by Environment Minister  
   11E.    Director of Quarantine to take advice into account  

   PART III--GENERAL PROVISIONS

   12.     Declared places  
   12A.    Minister may take quarantine measures in an emergency  
   12B.    Laboratories etc.  
   13.     Proclamation of ports of entry etc.  
   13A.    Emergency quarantine grounds  
   14.     Exemption of certain vessels and goods  
   14A.    Exemptions pursuant to Torres Strait Treaty  
   15.     Vessels may be directed to carry disinfecting equipment  
   16AA.   Certain resources installations to be part of Australia  
   16AAA.  Certain sea installations to be part of Australia  
   16AB.   Certain goods deemed to be imported into Australia  
   16AC.   Notice of proposed importation of goods  
   16AD.   Quarantine officer may require additional information about goods  
   16AE.   False or misleading information  
   16AF.   Manner of communicating decisions by quarantine officers  
   16AG.   Evidence of giving of notices by electronic means  
   16AH.   Vessel arriving illegally at a place other than a port  

   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 (Cocos Islands)  
   19AA.   Revival of quarantine (Christmas Island)  
   19A.    Continuance of liability to quarantine  
   20.     Vessels to enter only first ports of entry unless permission given  
   20A.    Overseas aircraft to land only at landing places unless permission given  
   20AA.   Permission to enter place other than first port of entry  
   20B.    Prohibition of entry by air from proclaimed places  
   20C.    Aircraft landing at places other than landing places  
   20D.    Animals, plants or other goods to be landed at declared port  
   21.     Quarantine signals on vessels and installations  
   22.     Notification of outbreak of a disease  
   23.     Signal  
   24.     Unauthorised person not to board or approach vessel or installation  
   25.     When required vessel to be brought to  
   25A.    Boarding of installations  
   26.     Limit in port for vessels subject to quarantine  
   26A.    Vessels to be brought to mooring grounds  
   27A.    Pre-arrival and pre-departure reports by certain vessels (other than aircraft) and installations  
   27B.    Pre-arrival and pre-departure reports by certain aircraft  
   28.     Quarantine officer may require master and medical officer of vessel or installation to answer questions  
   29.     People not to leave, or to remove goods from, vessel or installation that is subject to quarantine  
   29A.    Animal or thing that has been exposed to an animal that has been killed or has died not to be removed from an overseas vessel or an overseas installation without permission  
   29B.    Directions about animals on vessels or installations  
   30.     Persons prohibited from quitting vessels, installations and quarantine areas  
   31.     Apprehension of persons liable to quarantine  
   32.     Mooring of vessels from declared places  
   32A.    Vessel coming from declared place may be directed not to enter a port  
   32B.    Pratique in relation to certain overseas aircraft  
   33.     Pratique in relation to other overseas vessels  
   33A.    Grant of pratique to installations  
   34.     Quarantine surveillance  

           Division 2--Performance of quarantine

   35.     Order to perform quarantine  
   35AA.   Medical examination for possible pulmonary tuberculosis  
   35A.    Vessel or installation having a communicable disease on board  
   35B.    Release from quarantine  
   35C.    Person ordered into quarantine may seek an independent medical assessment  
   35D.    Chief Quarantine Officer (Human Quarantine) must assess whether a person is to remain in quarantine  
   36.     Master may be directed to take vessel or installation into quarantine  
   37.     When vessel or installation deemed to be in quarantine  
   38.     Particulars to be given  
   39.     Performance of quarantine by vessel or installation  
   40.     Vessel or installation in quarantine not to be moved without permission  
   41.     Removal from vessel to perform quarantine  
   42.     Power to permit vessel to proceed on voyage  
   44.     Goods not to be removed  
   44A.    Removal from vessels or installations of goods in quarantine  
   44B.    Landed cargo in quarantine  
   44C.    Examination of goods on importation  
   44D.    Examination of imported goods  
   45.     Performance of quarantine by persons  
   46.     Release from quarantine  
   46A.    Approvals for the purpose of goods subject to quarantine  
   48.     Goods ordered into quarantine  
   48AA.   Treatment and destruction of goods  
   48AB.   Treatment of things that have been exposed to animals that were subject to quarantine  
   48AC.   Diseased plant grown from another plant  
   48AD.   Packages, packing material and other waste material  
   48A.    Abandoned goods may be destroyed  
   49.     Unlawful damage by officers  

   PART V--QUARANTINE OF ANIMALS AND PLANTS

   52.     Examination of animals on importation  
   52A.    Examination of animals or plants on installations  
   53.     Examination of plants on importation  
   54.     Examination of imported animals and plants  
   55A.    Power to order goods into quarantine  

   PART VAA--VECTOR MONITORING AND CONTROL ACTIVITIES

   55B.    Definitions  
   55C.    Vector monitoring and control activities (other than on private property)  
   55D.    Private property--direction to owner or controller to carry out vector monitoring and control activities  
   55E.    Private property--power of quarantine officer (human quarantine) to carry out vector monitoring and control activities with consent  
   55F.    Private property--power of quarantine officer (human quarantine) to carry out vector monitoring and control activities in emergency  
   55G.    Private property--power of quarantine officer (human quarantine) to carry out vector monitoring and control activities under warrant  

   PART VA--AUTOMATED ENTRY PROCESSING AND RELEASE OF IMPORTED GOODS

   56.     Automated entry processing and release of imported goods  

   PART VI--EXPENSES

           Division 1--Interpretation

   58A.    Interpretation  

           Division 2--Expenses of quarantine

   58B.    Prescribed health measures provided in relation to travellers  
   59.     Liability of owner etc. for expenses of quarantine  
   59A.    Liability for costs of pilotage, treatment etc.  
   59B.    Security for carrying out responsibilities  
   63.     Owners of vessel quarantined liable for services of medical officer  
   63A.    Provision of sustenance for animals in quarantine  
   63AA.   Additional provisions concerning agent's liability under section 59A or 63  
   64.     Quarantine expenses in case of animals and plants  

           Division 3--Charges for the provision of prescribed health measures in relation to travellers

   64A.    Definition of prescribed health measure  
   64B.    Traveller definitions  
   64C.    Charges for the provision of prescribed health measures in relation to travellers  
   64D.    Tariff of amounts payable for prescribed health measures  

           Division 4--Recovery of expenses

   65.     Expenses to be a charge upon vessel  
   66.     Recovery of expenses  
   66A.    Sale of animals, plants or goods to recover expenses  

   PART VIA--ENFORCEMENT

           Division 1--General powers

   66AA.   General powers of quarantine officers in relation to premises  

           Division 2--Monitoring powers

   66AB.   The monitoring of premises  
   66AC.   Monitoring warrants  
   66AD.   Seizures without offence-related warrant in emergency situations  

           Division 3--Offence-related searches and seizures

   66AE.   Offence-related searches and seizures  
   66AF.   Offence-related warrants  
   66AG.   The things that are authorised by a search warrant  

           Division 4--Warrants granted by telephone or other electronic means

   66AH.   Warrants may be granted by telephone or other electronic means  

           Division 5--Stopping and searching vessels or vehicles

   66AI.   Searches without warrant in emergency situations  
   66AJ.   How a quarantine officer exercises a power under section 66AI  

           Division 6--General rules about premises and warrants

   66AK.   Availability of assistance, and use of force, in executing a warrant  
   66AL.   Announcement before entry under warrants  
   66AM.   Details of warrant to be given to occupier etc.  
   66AN.   Occupier to be present during search under warrants  
   66AO.   Use of equipment to examine or process things  
   66AP.   Use of electronic equipment at premises  
   66AQ.   Compensation for damage to equipment  
   66AR.   Copies of seized things to be given  
   66AS.   Retention of things that are seized  
   66AT.   Magistrate may permit a thing to be kept  
   66AU.   Release of seized goods  
   66AV.   Quarantine officer must produce identity card  
   66AW.   Giving of consent  
   66AX.   Receipts for things seized or moved  

   PART VIB--COMMISSION OF INQUIRY INTO EQUINE INFLUENZA OUTBREAK

   66AY.   Appointment of Commissioner  
   66AZ.   Hearings  
   66AZA.  Commissioner not bound by the rules of evidence  
   66AZB.  Quarantine officers  
   66AZC.  Conferral of quarantine powers  
   66AZD.  Disclosure of personal information  
   66AZE.  Application of the Royal Commissions Act 1902  
   66AZF.  Application of laws relating to disclosure  

   PART VII--MISCELLANEOUS

   66B.    Compliance agreements  
   67.     Penalties for certain acts done in contravention of Act  
   67A.    Liability of master or owner of vessel for importation of prohibited animals  
   68.     Effect of unlawful importation etc.  
   68A.    Destruction of certain animals  
   69.     Seizure of animals, plants or other goods  
   69A.    Compensation for destroyed goods  
   70.     Power to board vessels and examine things found on them  
   70AA.   Power to board installations and examine things found on them  
   70A.    Power to search goods  
   70B.    Powers of officers in relation to goods  
   70BA.   Carrying out tests on samples  
   70BB.   Officers may be assisted by animals  
   70C.    Offences in relation to goods or vessel  
   70CA.   False or misleading statements about approvals, permits, compliance agreements etc.  
   70D.    Directions relating to the movement of persons and goods subject to quarantine  
   70E.    Directions to people in a quarantine station  
   71.     Boarding vessel or installation  
   72.     Medical inspections and examinations  
   73.     Quarantine officer may make inquiries at any time  
   74.     Power to affix notices  
   74AA.   Quarantine information to be given to travellers to Australia  
   74BB.   Identity cards  
   74BC.   Power to require information after entering premises with consent or under warrant  
   74C.    Non-compliance with requirements  
   74D.    Powers relating to vessels and vehicles  
   74DA.   Master or owner of vessel or installation ordered into quarantine may be directed to help officers  
   74E.    Persons to assist officers  
   75.     Persons may be vaccinated etc.  
   75A.    Vessels involved in certain offences  
   75B.    Animals on boats  
   76.     Unauthorised entry on quarantine station etc.  
   77.     Pilot wrongly conducting vessel subject to quarantine  
   78.     Master not to allow vessel to enter port other than first port of entry if quarantinable disease or pest on board  
   78A.    Treatment of vessels and installations that are believed to be in an insanitary condition or to be likely to be carrying diseases or pests  
   78AA.   Treatment of vessel or installation subject to quarantine  
   78B.    Mooring of insanitary vessels  
   78C.    Moving an insanitary vessel  
   79A.    Exclusion of privilege against self incrimination in certain circumstances  
   80.     Penalty for desertion  
   82.     Protection from civil proceedings  
   83.     Master, medical officer or agent misleading quarantine officer  
   84.     Maliciously ordering vessel etc. into quarantine  
   86A.    Venue in summary prosecution  
   86B.    Jurisdiction of courts  
   86C.    Power to administer oaths or take declarations  
   86DA.   Evidence of analyst  
   86E.    Fees and deposits  
   86EA.   Commonwealth etc. not liable to pay fees  
   86F.    Compensation for acquisition of property  
   86G.    Application of the Criminal Code  
   87.     Regulations