Commonwealth Consolidated Acts

QUARANTINE ACT 1908 - SECT 3

             (1)  If a proclamation under subsection 2B(1) is declared to be a proclamation to which this section applies, the Minister may, during the period the proclamation remains in force, by instrument in writing:

                     (a)  authorise persons who are the executive heads of national response agencies:

                              (i)  to give such directions; and

                             (ii)  to take such action;

                            as the persons think necessary, subject to any conditions or limitations specified under subsection (4):

                            (iii)  to control and eradicate the epidemic; or

                            (iv)  to remove the danger of the epidemic;

                            by quarantine measures or measures incidental to quarantine; or

                     (b)  revoke any authorisation so given.

             (2)  If the Minister, under subsection (1), authorises the executive head of a national response agency to give directions, and to take action, in accordance with that subsection, the executive head of that agency may, while that authorisation remains in force, by instrument in writing:

                     (a)  authorise a person performing duties in that agency:

                              (i)  to give such directions of a kind that the executive head of the agency could give and that are specified in the instrument; or

                             (ii)  to take such action of a kind that the executive head of the agency could take and that is specified in the instrument;

                            as the person considers necessary, subject to any conditions or limitations specified under subsection (4):

                            (iii)  to control and eradicate the epidemic; or

                            (iv)  to remove the danger of the epidemic;

                            by quarantine measures or measures incidental to quarantine; or

                     (b)  revoke any authorisation so given.

             (3)  If an authorisation is given under subsection (1) or (2) to the holder of a specified office or position, the authorisation is to be taken to be an authorisation of any person from time to time holding, occupying, or performing the duties of, that office or position.

             (4)  An authorisation given to a person under subsection (1) or (2) may be expressed to be subject to such conditions or other limitations (if any) as are specified in the authorisation.

             (5)  If a person ceases to be the executive head of a national response agency, any authorisation of other persons in force under subsection (2) immediately before the cessation:

                     (a)  is taken, on and after that cessation, to have been given by the person's successor and, subject to paragraph (b), continues to have effect according to its tenor; and

                     (b)  may, by writing, be varied or revoked by that successor.

             (6)  An authorisation given to a person under subsection (1) or (2) does not affect any power that the person may be authorised to exercise apart from this section.

             (7)  An authorisation given under subsection (1) or (2) in respect of a particular epidemic or danger of an epidemic is taken to be revoked when the proclamation issued under subsection 2B(1) in respect of that epidemic or danger of an epidemic is revoked.

             (8)  A direction may be given, or an action taken, by a person under this section despite the provisions of any other Commonwealth law, or of any law of a State or Territory.

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

                     (a)  a direction is given to the person under this section; and

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

Maximum penalty:    Imprisonment for 10 years.

           (10)  In paragraph (9)(a), strict liability applies to the physical element of circumstance, that the giving of the direction was under this section.

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

           (11)  For the avoidance of doubt, a person (including the Director of Animal and Plant Quarantine, a Chief Quarantine Officer (Animals), a Chief Quarantine Officer (Plants) or a quarantine officer) is not to be taken, when acting under this Act by virtue of:

                     (a)  an authorisation given by the Minister under subsection 3(1); or

                     (b)  an authorisation given by the executive head of a national response agency under subsection 3(2);

to be acting as, exercising the powers of, or performing the functions of, a quarantine officer.

           (12)  In this section, a reference to a person performing duties in an agency includes, but is not limited to:

                     (a)  a person performing duties in the agency under a contract; and

                     (b)  a person performing duties in the agency as a result of an arrangement for the temporary provision to that agency of the services of persons ordinarily performing other duties in the same or in another jurisdiction; and

                     (c)  a person performing duties in the agency on a voluntary basis.

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 section.