Commonwealth Numbered Acts

QUARANTINE AMENDMENT ACT (No. 2) 1979 No. 105, 1979 - SECT 8

8. After section 74 of the Principal Act the following sections are inserted:
Quarantine Warrants, &c.
''74A. (1) A quarantine officer may, with the consent of the occupier of any
premises, enter the premises and exercise the functions of a quarantine
officer under this section in relation to those premises.

''(2) Where a quarantine officer has reason to believe that premises contain
infected goods, the quarantine officer may make an application to a Justice of
the Peace for a warrant (to be known as a 'Quarantine Warrant') authorizing
the quarantine officer to enter the premises and to exercise the functions of
a quarantine officer under this section in relation to those premises.

''(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied, by information on oath or affirmation, that there is reasonable
ground for believing that the premises to which the application relates are
premises on which there are infected goods, the Justice of the Peace shall
grant a Quarantine Warrant authorizing the quarantine officer, with such
assistance as the quarantine officer thinks necessary, to enter the premises,
during such hours of the day or night as the warrant specifies, or, if the
warrant so specifies, at any time, if necessary by force, and to exercise the
functions of a quarantine officer under this section in relation to those
premises.

''(4) The functions of a quarantine officer under this section in relation to
premises are-

   (a)  to search the premises for infected goods and, for that purpose, to
        break open and search any cupboard, drawer, chest, trunk, box, package
        or other receptacle, whether a fixture or not, on the premises;

   (b)  to order into quarantine any infected goods found on the premises;

   (c)  to carry out prescribed measures for regulating or preventing persons,
        vehicles or goods entering or leaving the premises or prescribed
        measures of quarantine on or relating to the premises during-

        (i)    the search of the premises for infected goods;

        (ii)   any period that infected goods found on the premises remain on
               the premises, whether by virtue of an approval of the premises
               under section 46A or otherwise; and

        (iii)  such period after the treatment, disinfection, removal or
               destruction of infected goods found on the premises as the
               quarantine officer considers, on reasonable grounds, to be a
               period during which there is danger of the spread of infection
               by reason of those goods having been on the premises;

   (d)  to affix prescribed notices in relation to quarantine on or near the
        premises;

   (e)  to trap or destroy wild animals on the premises;

   (f)  to ask questions and inspect documents relating to the movement of
        persons, vehicles or goods onto or from the premises; and

   (g)  to exercise any other powers that the quarantine officer has under
        this Act in respect of the premises or infected goods found on the
        premises, and include the functions of a quarantine officer under
        section 74B.

''(5) If, while a quarantine officer is entitled to exercise the functions of
a quarantine officer in relation to premises, any vehicle leaves those
premises without the permission of the quarantine officer, the quarantine
officer may exercise those functions, so far as relevant, in relation to the
vehicle as if it were part of those premises.

''(6) Nothing in this section authorizes the exclusion of the occupier of
premises from those premises while they are being searched.

''(7) Nothing in this section authorizes the exclusion from a dwelling of a
person who usually resides in that dwelling.

''(8) This section does not limit the powers of a quarantine officer or other
person under any other provision of this Act.

''(9) In this section-

'infected goods' means-

   (a)  goods infected with a quarantinable disease;

   (b)  goods that a quarantine officer suspects, on reasonable grounds, are
        likely to be infected with a quarantinable disease;

   (c)  goods that have been exposed to infection with a quarantinable
        disease;

   (d)  goods that have been-

        (i)    imported into Australia;

        (ii)   brought into any port or place in Australia; or

        (iii)  removed from a part of Australia to another part of Australia,

in contravention of this Act or any proclamation under this Act; or

   (e)  subject to sub-section (10), goods that have been in contact with, or
        that a quarantine officer suspects, on reasonable grounds, have been
        in contact with, goods referred to in paragraph (a), (b), (c) or (d);

'premises' includes-

   (a)  an area of land that is not associated with any building; and

   (b)  a vessel,

but does not include a quarantine station or quarantine area.

''(10) For the purposes of this section-

   (a)  goods shall be deemed to have been in contact with each other if they
        have been in close proximity to each other;

   (b)  an animal shall be deemed to have been in contact with any animal of
        which it is the progeny;

   (c)  a plant shall be deemed to have been in contact with any plant of
        which it is the progeny, including any plant of which it was a cutting
        or from which it was otherwise derived; and

   (d)  goods that have been in contact with other goods shall be deemed to
        have been in contact with any goods with which those other goods have
        been in contact (including any goods with which those other goods are
        deemed to have been in contact by virtue of this sub-section). Power
        to search premises for documents
''74B. (1) A quarantine officer may, with the consent of the occupier of any
premises, enter the premises and exercise the functions of a quarantine
officer under this section.

''(2) Where a quarantine officer has reason to believe that there are on
premises any examinable documents, the quarantine officer may make an
application to a Justice of the Peace for a warrant authorizing the quarantine
officer to enter the premises and to exercise the functions of a quarantine
officer under this section in relation to those premises.

''(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied, by information on oath or affirmation-

   (a)  that there is reasonable ground for believing that there are on those
        premises any examinable documents; and

   (b)  that the issue of the warrant is reasonably required for the purposes
        of this Act, the Justice of the Peace shall grant a warrant
        authorizing the quarantine officer, with such assistance as the
        quarantine officer thinks necessary, to enter the premises, during
        such hours of the day or night as the warrant specifies, or, if the
        warrant so specifies, at any time, if necessary by force, and to
        exercise the functions of a quarantine officer under this section in
        relation to those premises.

''(4) The functions of a quarantine officer under this section in relation to
premises are-

   (a)  to search the premises for examinable documents and, for that purpose,
        to break open and search any cupboard, drawer, chest, trunk, box,
        package or other receptacle, whether a fixture or not, on the
        premises; and

   (b)  to inspect, take extracts from and make copies of any examinable
        documents found on the premises.

''(5) In this section-

'examinable documents' means any books, documents or papers relating to goods
that are infected goods within the meaning of section 74A;

'premises' has the same meaning as in section 74A. Obstruction of officers
''74C. (1) A person shall not, without reasonable excuse, obstruct or hinder a
quarantine officer acting in pursuance of sub-section 74A (1) or 74B (1) or in
pursuance of a warrant granted under sub-section 74A (3) or 74B (3).

Penalty: $2,000.

''(2) A person shall not-

   (a)  without reasonable excuse, refuse or fail to answer a question put to
        him under paragraph 74A (4) (f); or

   (b)  in answer to such a question, make a statement that is false or
        misleading in a material particular.

Penalty: $2,000.''.
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