Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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, of the Territory of Cocos (Keeling) Islands or of the Territory of Christmas Island, as determined in accordance with section 5 of the Sea Installations Act.
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy but does not include an air cushion vehicle.
"analyst" means a person appointed under section 86DA.
"Animal" includes a dead animal and any part of an animal.
"animals, plants or goods or animals, plants or other goods" includes, to avoid doubt, any goods as defined by this subsection.
"Area in the vicinity of the Protected Zone" means an area in respect of which a notice is in force under subsection (8).
"area in the vicinity of the Protected Zone" means an area adjacent to the Protected Zone that is declared by the Minister under subsection (8) to be an area in the vicinity of the Protected Zone.
"Australia" , when used in a geographical sense, includes the Territory of Ashmore and Cartier Islands.
"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 (other than the seabed within the Joint Petroleum Development Area) as is:
(a) within the area comprising:
(i) the areas described in Schedule 1 to the Offshore Petroleum Act 2006 ; 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.
(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.
"ballast water" means water (including sediment that is or has been contained in water) used as ballast.
"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).
"Christmas Island" means the Territory of Christmas Island.
"Christmas Island vessel" means a vessel which does not voyage or ply to or from any place outside Christmas Island.
"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.
"commander" , in relation to an aircraft, means the person in charge or command of the aircraft.
"Commissioner" means a person appointed under section 66AY.
"Commission of inquiry" means the inquiry conducted, or to be conducted, by a person appointed under section 66AY.
"Commonwealth" , when used in a geographical sense, includes the Territory of Ashmore and Cartier Islands.
"compliance" with this Act has the meaning given by subsection 5(1A).
"compliance agreement" has the meaning given by section 66B.
"Continental Shelf" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"contravention" of this Act has the meaning given by subsection 5(1A).
"Coral Sea area" has the same meaning as in section 7 of the Offshore Petroleum Act 2006 .
"declared place" has the meaning given by section 12.
"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.
"discharge" , in relation to a vessel or installation, includes any escape, spilling, leaking, pumping, emptying or other release, however caused, from the vessel or installation.
"disease" includes a micro-organism, a disease agent, an infectious agent and a parasite.
"document" includes a book and any record.
"engage in conduct has the same meaning as in the Criminal Code" .
"enter" :
(a) in relation to a port that is a place at which aircraft can land, includes land at; and
(b) in relation to a vessel or vehicle, includes go on board.
"environment" includes all aspects of the surroundings of human beings, whether natural surroundings or surroundings created by human beings themselves, and whether affecting them as individuals or in social groupings.
"evidential material" means any of the following things, including such a thing in electronic form:
(a) a thing with respect to which an offence against this Act has been committed or is suspected, on reasonable grounds, to have been committed;
(b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of an offence against this Act;
(c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing an offence against this Act.
"Environment related activity" has the same meaning as in the Sea Installations Act.
(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; and
(d) in relation to a vessel, installation or premises--carry out tests on, or take samples from, the vessel, installation or premises.
"executing officer" , for a warrant, means the person named in the warrant as being responsible for executing the warrant.
"exposed" has the meaning given by section 5B.
"first Christmas Island port of entry" , in relation to a vessel, means a first port of entry in Christmas Island for that vessel.
"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.
"give" includes grant.
(a) an animal; and
(b) a plant (whether moveable or not); and
(c) any other article, substance or thing (including, but not limited to, any kind of moveable property);
and, to avoid doubt, includes mail of any kind and ballast water.
"grant" includes give.
"Imported" , in relation to an animal, a plant or other goods, means imported into Australia, into the Cocos Islands or into Christmas Island.
"industry of national significance" means any primary industry the disruption of which would be a matter of national significance, whether or not the industry is involved in the export trade.
"in quarantine" , in relation to a vessel or installation, has a meaning affected by section 37.
(a) a resources installation; or
(b) a sea installation.
"International Health Regulations" means the International Health Regulations 2005, done at Geneva on 23 May 2005, as in force for Australia from time to time.
Note: In 2008, the text of the International Health Regulations was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).
"Joint Petroleum Development Area has the same meaning as in the Petroleum ( Timor Sea" Treaty) Act 2003 .
"Landing place" means any place declared by proclamation to be a landing place for aircraft.
"level of quarantine risk" has the meaning given by section 5D.
"magistrate" means any magistrate, whether remunerated by salary or not.
(a) in relation to a vessel other than an aircraft--the person (other than a ship's pilot) in charge or command of the vessel; and
(aa) in relation to an aircraft--the commander of the aircraft; 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.
"national response agency" means:
(a) the Australian Federal Police and the police force of each of the States and the Northern Territory; and
(b) if it is declared by the Minister, by notice published in the Gazette , to be a national response agency for the purposes of subsection 3(1):
(i) any arm or unit of the Australian Defence Force; or
(ii) any department, or part of a department, of the Commonwealth, or of a State or Territory; or
(iii) any other agency or authority, whether incorporated or not, that is established for a public purpose by or under a law of the Commonwealth, or of a State or Territory.
"Natural resources" means the mineral and other non-living resources of the seabed and its subsoil.
"occupier" of premises:
(a) means the person in charge of the premises; and
(b) in Part VIA, includes the person apparently in charge of the premises.
"offence against this Act" includes:
(a) an offence against the regulations; and
(b) an offence against section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence against this Act or the regulations.
"Officer" means a quarantine officer or other officer appointed under this Act.
"officer assisting" , in relation to a warrant, means:
(a) a quarantine officer who is assisting in executing the warrant; or
(b) a person who is not a quarantine officer but has been authorised by the relevant executing officer to assist in executing the warrant.
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"on" , in relation to premises, includes in.
(a) in relation to a vessel (other than an aircraft) or installation that is in the course of, or has completed, a voyage:
(i) if a person is or was responsible for the operation of the vessel or installation during the voyage under a charter party or similar agreement--that person; or
(ii) otherwise--the owner of the vessel or installation; or
(b) in relation to an aircraft that is in the course of, or has completed, a flight:
(i) if a person is or was responsible for the operation of the aircraft during the flight under an agreement entered into with the owner of the aircraft for the hire or charter of the aircraft--that person; or
(ii) otherwise--the owner of the aircraft.
"overseas aircraft" means an overseas vessel that is an aircraft.
"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.
"overseas vessel" means a vessel other than:
(a) an Australian vessel; or
(b) a Cocos Islands vessel; or
(c) a Christmas Island vessel;
and includes a vessel:
(d) that is on a voyage from Australia to the Cocos Islands or from the Cocos Islands to Australia; or
(e) that is on a voyage from Australia to Christmas Island or from Christmas Island to Australia; or
(f) that is on a voyage from the Cocos Islands to Christmas Island or from Christmas Island to the Cocos Islands.
"Package" includes every means by which plants are cased, covered, enclosed, contained, or packed for carriage.
"permanent residence" has the meaning given by subsection 64B(3).
"pest" includes any animal, or any plant, that is a pest.
"Plant" includes a dead plant and any part of a plant.
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force or police service of a State or Territory.
(a) in relation to aircraft--any place at which an aircraft can land, whether a landing place or not; and
(b) in relation to a vessel in respect of which a permission is in force under subsection 20AA(1)--the place to which the vessel may be brought under the permission.
"Port of departure" in relation to a vessel means the port at which the vessel commenced its current voyage.
(a) in relation to a vessel, other than an overseas aircraft to which subsection 32B(1) applies--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; or
(iii) in the case of a vessel in, or about to arrive in, Christmas Island--places outside Christmas Island;
and having effect at the port where the vessel is for the time being or is about to arrive; and
(aa) in relation to an overseas aircraft to which subsection 32B(1) applies--pratique taken to have been granted under subsection 32B(1) since the last arrival of the aircraft from:
(i) in the case of an aircraft in Australia--places outside Australia; or
(ii) in the case of an aircraft in the Cocos Islands--places outside the Cocos Islands; or
(iii) in the case of an aircraft in Christmas Island--places outside Christmas Island;
and having effect at the port where the aircraft is for the time being; 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.
"premises" includes any place (whether enclosed or built on, or not) and, in particular, includes:
(a) a building, wharf or other structure; and
(b) a vessel; and
(c) an Australian installation; and
(d) a vehicle; and
(e) a part of premises (including a part of any of the above).
"prescribed health measure" has the meaning given by section 64A.
"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.
"protective service officer" means a protective service officer within the meaning of the Australian Federal Police Act 1979 .
"Quarantinable disease" means any disease declared by the Governor-General, by proclamation, to be a quarantinable disease.
"quarantinable pest" means any pest declared by the Governor-General, by Proclamation, to be a quarantinable pest.
"Quarantine area" means any part of Australia, the Cocos Islands or Christmas Island which, in pursuance of this Act, is declared to be a quarantine area.
"quarantine officer" means a person appointed under subsection 9(2), 9AA(3) or 9A(1) and, to the extent that the Director of Quarantine has determined under section 66AZC that a person (or a person included in a specified class of persons) has functions and/or powers of a quarantine officer under this Act, includes such a person.
"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).
"Royal Commission" has the meaning given by the Royal Commissions Act 1902 .
"Sea installation" has the same meaning as in the Sea Installations Act.
"Sea Installations Act" means the Sea Installations Act 1987 .
"Secretary" means Secretary to the Department.
"Special Quarantine Zone" means:
(a) in respect of Australia--an area declared by the Minister under section 5A to be a Special Quarantine Zone in respect of Australia; and
(b) in respect of Christmas Island--an area declared by the Minister under section 5A to be a Special Quarantine Zone in respect of Christmas Island; and
(c) in respect of the Cocos Islands--an area declared by the Minister under section 5A to be a Special Quarantine Zone in respect of the Cocos Islands.
"State officer" means:
(a) an employee of a State or Territory, or an employee of an authority of a State or Territory (including a member of the police force or police service of a State or Territory); or
(b) a State or Territory office holder;
who is covered by an arrangement made under:
(c) section 11; or
(d) section 71 of the Public Service Act 1999 in respect of quarantine officer powers and functions.
"temporary residence" has the meaning given by subsection 64B(3).
"thing" includes any goods.
"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 .
"traveller" has the meaning given by section 64B.
"treatment" means any process for controlling or eliminating a disease or pest and:
(a) in relation to a vessel, installation or premises, includes examination, spraying, fumigation, disinfection, denaturing and cleaning; and
(b) in relation to a person, includes examination, spraying, fumigation, disinfection and cleaning; and
(c) in relation to an animal, includes examination, disinfection, denaturing, vaccination, testing and veterinary treatment; and
(d) in relation to a plant or other goods, includes examination, spraying, fumigation, disinfection, denaturing, sorting, cleaning and repacking.
"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.
"under" this Act has the meaning given by subsection 5(1A).
"vector" means anything capable of carrying or transmitting pests, diseases or infections.
(a) a ship, boat or other description of vessel used in navigation by sea; or
(b) an aircraft; or
(c) an air cushion vehicle; or
(d) an off‑shore industry mobile unit (being an overseas installation) that is bound for, or is at, a port;
and includes a part of any of the above.
"voyage" , in relation to a vessel that is an aircraft, means flight.
(1AA) Before declaring any arm or unit of the Australian Defence Force to be a national response agency for the purposes of subsection 3(1), the Minister must consult with the Minister having responsibility for the Defence Force.
(1AB) Before declaring any department or part of a department of the Commonwealth, a State or a Territory, or any other agency or authority established by or under a law of the Commonwealth, a State or a Territory, to be a national response agency for the purposes of subsection 3(1), the Minister must consult with the Minister of the Commonwealth, that State or that Territory having responsibility for the department, agency or other authority concerned.
(1A) In this Act, unless the contrary intention appears, references to under this Act, contravention of this Act and compliance with this Act are taken to be references to under, contravention of, or compliance with, as the case may be:
(a) this Act, the regulations, a Proclamation under this Act or a term of a compliance agreement; or
(b) an order, determination or declaration made, or an approval, direction, authorisation, permission or permit given, under this Act, the regulations, such a Proclamation or a term of such an agreement; or
(c) a condition, restriction or requirement imposed under any of the above.
(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 sub-subparagraph (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.
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