Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 2B

             (1)  Where the Governor‑General is satisfied that an epidemic caused by a quarantinable disease or quarantinable pest 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 or she thinks necessary to control and eradicate the epidemic, or to remove the danger of the epidemic, by quarantine measures or measures incidental to quarantine.

Note:          Under section 149.1 of the Criminal Code , it is an offence to obstruct a person who is taking any action that the person is authorised to take under this subsection.

          (2A)  If the Governor‑General is satisfied that the epidemic or danger of an epidemic to which a proclamation issued under subsection (1) relates has the potential so to affect an industry of national significance that it calls for the exercise of coordinated response powers in accordance with section 3, the Governor‑General may, in the proclamation issued under subsection (1), declare it to be a proclamation to which section 3 applies.

          (2B)  A direction may be given, or an action taken, by the Minister under subsection (2) despite the provisions of any other Commonwealth law, or of any law of a State or Territory.

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

                     (a)  a direction is given to the person under subsection (2); and

                     (b)  the person fails to comply with the direction.

Maximum penalty:    Imprisonment for 10 years.

             (4)  In paragraph (3)(a), strict liability applies to the physical element of circumstance, that the direction given to the person was under subsection (2).

Note:          For strict liability, see section 6.1 of the Criminal Code .