Part I
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
No plain-English breakdown of this one yet.
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Direct links to the current provisions in Quarantine Act 1908.
This Act may be cited as the Quarantine Act 1908.
This Act shall commence on a day to be fixed by proclamation.
(1) Whenever the Governor‑General is satisfied that an emergency exists which makes it necessary to do so, he or she may, by proclamation, declare that any or all measures of quarantine prescribed by or under any State Act shall, for such period as is specified in the proclamation, cease to have effect, and such measure shall thereupon cease to have effect accordingly. (2) The Governor‑General may at any time revoke or vary any such proclamation.
(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.
(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.
(1) In this Act, quarantine includes, but is not limited to, measures: (a) for, or in relation to: (i) the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things; or (ii) the seizure and destruction of animals, plants, or other goods or things; or (iii) the destruction of premises comprising buildings or other structures when treatment of these premises is not practicable; and (b) having as their object the prevention or control of the introduction, establishment or spread of diseases or pests that will or could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities. (2) Without otherwise limiting the nature of any quarantine measure, or measure incidental to quarantine: (a) by way of a direction that a person may be authorised to give; or (b) by way of an action that a person may be authorised to take; either as a result of a Ministerial authorisation under subsection 3(1) or as a result of an authorisation by the executive head of a national response agency under subsection 3(2), that direction or action must be no more than is reasonably appropriate and adapted: (c) to the control and eradication of the epidemic; or (d) to the removal of the danger of the epidemic; in respect of which the authorisation was given.
(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 and Greenhouse Gas Storage 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.
Australian waters means:
(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.
authorised person means a person authorised 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.
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 and Greenhouse Gas Storage 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.
Environment related activity has the same meaning as in the Sea Installations Act.
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.
Examine includes:
(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.
goods includes:
(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.
Installation means:
(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 website (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, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.
Master means:
(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.
operator means:
(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.
police officer means:
(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.
port includes:
(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.
PPSA security interest means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009.
Pratique means:
(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 the Secretary of 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.
unauthorised person means a person not authorised 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.
vessel means:
(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.
(1) A reference to a quarantine officer in a context that relates only to human quarantine is a reference to a quarantine officer (human quarantine). (2) A reference to a quarantine officer in a context that relates only to animals is a reference to a quarantine officer (animals). (3) A reference to a quarantine officer in a context that relates only to plants is a reference to a quarantine officer (plants). (4) A reference to a quarantine officer in any other case is a reference to a quarantine officer (human quarantine), a quarantine officer (animals) or a quarantine officer (plants).
The Minister may, by notice published in the Gazette, declare an area described in the notice: (a) to be a Special Quarantine Zone in respect of Australia; or (b) to be a Special Quarantine Zone in respect of the Cocos Islands; or (c) to be a Special Quarantine Zone in respect of Christmas Island; for the purposes of this Act.
(1) For the purposes of this Act, a person or thing is taken to have been exposed to another person or to a thing if the first‑mentioned person or thing has been, or is likely to have been: (a) in physical contact with; or (b) in close proximity to; or (c) exposed to contamination, infestation or infection from; the other person or thing or a person or thing to which the other person or thing is taken by this subsection to have been exposed. (2) In this section:
thing includes any vessel, installation, premises, vehicle or goods.
(1) To avoid doubt: (a) subject to subsection (2), a person (the first person) who has power, or is required, under this Act to do a thing has power to cause another person to do the thing on behalf of the first person or can comply with the requirement by causing another person to do the thing on behalf of the first person, as the case may be; and (b) a person who has power, or is required, under this Act to cause or direct a thing to be done has power to do the thing himself or herself or can comply with the requirement by doing the thing himself or herself, as the case may be. (2) The reference in paragraph (1)(a) to a power or requirement to do a thing does not include a reference to a power or requirement to give a direction.
A reference in this Act to a level of quarantine risk is a reference to: (a) the probability of: (i) a disease or pest being introduced, established or spread in Australia, the Cocos Islands or Christmas Island; and (ii) the disease or pest causing harm to human beings, animals, plants, other aspects of the environment, or economic activities; and (b) the probable extent of the harm.
The express references in this Act to aircraft and the commander of an aircraft do not imply that references in this Act to vessels and the master of a vessel do not also include references to aircraft and the commander of an aircraft, respectively.
(1) This Act extends to the Cocos Islands and to Christmas Island. (2) Any references in provisions of this Act to the Cocos Islands do not imply that references to Australia or to the Commonwealth in other provisions of this Act do not also include references to the Cocos Islands. (3) Any references in provisions of this Act to Christmas Island do not imply that references to Australia or to the Commonwealth in other provisions of this Act do not also include references to Christmas Island.
Note: Under section 2B of the Acts Interpretation Act 1901, in any Act Australia and Commonwealth include the Cocos Islands and Christmas Island unless the contrary intention appears.
This Act extends to the Territory of Ashmore and Cartier Islands.
The regulations may provide that this Act, or a specified provision of this Act, has effect in relation to: (a) all resources installations attached to the seabed in the Joint Petroleum Development Area; or (b) a specified resources installation attached to the seabed in the Joint Petroleum Development Area; and so has effect: (c) to the extent specified in the regulations; or (d) subject to such modifications as are specified in the regulations.
(1) If: (a) a provision of this Act refers to a Proclamation, order, determination or declaration made, an approval, direction, authorisation, permission or permit given, or any other act done, by the Governor‑General, the Minister or the Secretary or by a Director of Quarantine, Chief Quarantine Officer, quarantine officer or another person; and (b) there is no other provision of this Act expressly conferring power on the Governor‑General, Minister, Secretary, Director of Quarantine, Chief Quarantine Officer, quarantine officer or other person to make such a Proclamation, order, determination or declaration, give such an approval, direction, authorisation, permission or permit or do such an act; the Governor‑General, Minister, Secretary, Director of Quarantine, Chief Quarantine Officer, quarantine officer or other person has power by this subsection to make such a Proclamation, order, determination or declaration, give such an approval, direction, authorisation, permission or permit or do such an act, as the case requires. (2) If the Governor‑General, the Minister or the Secretary or a Director of Quarantine, Chief Quarantine Officer, quarantine officer or other person has power under a provision of this Act (including power under subsection (1)) to make a Proclamation, order, determination or declaration, give an approval, direction, authorisation, permission or permit or do any other act, the power may, unless the contrary intention appears, be exercised subject to conditions, restrictions or requirements. (3) Unless the contrary intention appears, any power conferred by this Act, by a Proclamation under this Act, by the regulations or by a compliance agreement, to make a Proclamation, order, determination or declaration or give an approval, direction, authorisation, permission or permit includes: (a) the power to suspend (for a period of not more than one year or until the happening of an event occurring within such a period) a Proclamation, order, determination or declaration so made or an approval, direction, authorisation, permission or permit so given and to revoke such a suspension; and (b) the power to vary or revoke a Proclamation, order, determination or declaration so made or an approval, direction, authorisation, permission or permit so given (including the power to vary or revoke at a time when the relevant instrument is suspended under paragraph (a)). (4) However, if a provision conferring a power to make a Proclamation, order, determination or declaration, or give an approval, direction, authorisation, permission or permit, allows a suspension, variation or revocation only in particular circumstances, on particular grounds, subject to particular conditions or after taking particular matters into account, subsection (3) only permits a suspension, variation or revocation under the power in those circumstances, on those grounds, subject to those conditions or after taking those matters into account.
If a provision of this Act, the regulations or a Proclamation under this Act allows, or authorises a person to allow, the importation of any thing, or provides for the making of a Proclamation, order, determination or declaration, the giving of an approval, direction, authorisation, permission or permit, or the doing of any other act, subject to a condition, restriction or requirement, then, unless the contrary intention appears: (a) the provision extends to the imposition of such a condition, restriction or requirement either before or after the importation of the thing, or at or after the time of the making of the Proclamation, order, determination or declaration, the giving of the approval, direction, authorisation, permission or permit or the doing of the other act, as the case may be; and (b) any reference in the provision to compliance with such a condition, restriction or requirement is a reference to compliance either before or after the importation of the thing, or at or after the time of the making of the Proclamation, order, determination or declaration, the giving of the approval, direction, authorisation, permission or permit or the doing of the other act, as the case may be.
Nothing in this Act shall be taken to be an appropriation of any public moneys.
(1) There shall be a Director of Human Quarantine, who shall, under the Minister, be charged with the execution of this Act, and any regulations and proclamations in force under this Act, in relation to human quarantine. (2) The Minister may, by writing, determine that there are to be one or more Chief Quarantine Officers (Human Quarantine). (3) Each Chief Quarantine Officer (Human Quarantine) is to perform his or her functions and exercise his or her powers under, and subject to the directions of, the Director of Human Quarantine. (4) The Director of Human Quarantine has all the functions and powers of a Chief Quarantine Officer (Human Quarantine) or of a quarantine officer (human quarantine) under this Act and the regulations and proclamations referred to in subsection (1). (5) A Chief Quarantine Officer (Human Quarantine) has all the functions and powers of a quarantine officer (human quarantine) under this Act and the regulations and proclamations referred to in subsection (1). (6) Each quarantine officer (human quarantine) is to perform functions and may exercise powers under, and subject to the directions of, a Chief Quarantine Officer (Human Quarantine) or the Director of Human Quarantine.
(1) There shall be a Director of Animal and Plant Quarantine, who shall, under the Minister, be charged with the execution of this Act, and any regulations and proclamations in force under this Act, in relation to animal and plant quarantine. (2) The Minister may, by writing, determine that there are to be Chief Quarantine Officers (Animals) or Chief Quarantine Officers (Plants) for a division or divisions of animal quarantine or plant quarantine, as the case may be, specified in the determination. (3) Any Chief Quarantine Officers (Animals) and Chief Quarantine Officers (Plants) shall perform their functions and exercise their powers under, and subject to the directions of, the Director of Animal and Plant Quarantine. (4) The Director of Animal and Plant Quarantine has all the functions and powers of a Chief Quarantine Officer (Animals), of a Chief Quarantine Officer (Plants), of a quarantine officer (animals) and of a quarantine officer (plants) under this Act and the regulations and proclamations referred to in subsection (1). (5) A Chief Quarantine Officer (Animals) has all the functions and powers of a quarantine officer (animals) under this Act and the regulations and proclamations referred to in subsection (1) and a Chief Quarantine Officer (Plants) has all the functions and powers of a quarantine officer (plants) under this Act and the regulations and proclamations referred to in subsection (1). (6) Each quarantine officer (animals) or quarantine officer (plants) is to perform functions and may exercise powers, for a division of quarantine for which he or she is appointed, under, and subject to the directions of: (a) the Chief Quarantine Officer for the division; or (b) if there is no such Chief Quarantine Officer—the Director of Animal and Plant Quarantine. (7) For the purposes of this section, any branch or subject in relation to animals or plants and a territorial division or locality shall be a division of quarantine.
(1) The Director of Human Quarantine and any Chief Quarantine Officers (Human Quarantine) shall be appointed by the Minister by writing. (2) The Director of Human Quarantine may, by writing, appoint to be a quarantine officer (human quarantine): (a) an APS employee; or (b) a State officer; or (c) a police officer; or (d) a protective service officer; or (e) an employee of a body corporate established or continued in existence for a public purpose by or under a Commonwealth law, if the body corporate is prescribed for the purposes of this paragraph. (4) A State officer may be appointed to be a Chief Quarantine Officer under this section.
(1) The person for the time being holding, or performing the duties of, the office of Secretary of the Department that deals with animal and plant quarantine shall be the Director of Animal and Plant Quarantine. (2) The Minister may, by writing, appoint Chief Quarantine Officers (Animals) or Chief Quarantine Officers (Plants). (3) The Director of Animal and Plant Quarantine may, by writing, appoint: (a) an APS employee; or (b) a State officer; or (c) a police officer; or (ca) a protective service officer; or (cb) an employee of a body corporate established or continued in existence for a public purpose by or under a Commonwealth law, if the body corporate is prescribed for the purposes of this paragraph; to be either or both of the following: (d) a quarantine officer (animals); (e) a quarantine officer (plants). (4) A person appointed under subsection (3) must be appointed to a division or divisions of animal quarantine, plant quarantine or both, as the case may be, specified in the instrument of appointment. (5) A State officer may be appointed to be a Chief Quarantine Officer under this section.
(1) A Director of Quarantine may, by writing signed by him or her, appoint: (a) an APS employee; or (b) a State officer; or (c) a police officer; or (d) a protective service officer; or (e) an employee of a body corporate established or continued in existence for a public purpose by or under a Commonwealth law, if the body corporate is prescribed for the purposes of this paragraph; to be a temporary quarantine officer for such period as he or she thinks necessary. (1A) Where the Governor‑General has, in pursuance of section 2B, declared the existence of an epidemic or the danger of an epidemic in any part of the Commonwealth, any person thereto authorised in writing by a Director of Quarantine may, either orally or in writing, authorise any person to act during any specified period as a temporary quarantine officer in that part of the Commonwealth. (1B) A person appointed as a temporary quarantine officer under subsection (1) or authorised to act as a temporary quarantine officer under subsection (1A) is, in the performance of his or her functions and in the exercise of his or her powers, subject to the directions of a Chief Quarantine Officer or the relevant Director of Quarantine. (2) Temporary quarantine officers shall, for the period of their appointment or authority to act, have all the powers of a quarantine officer appointed under section 9. (3) Any appointment made or authority given in pursuance of this section shall not confer on the person appointed or authorised any claim to be permanently appointed in any capacity.
The Minister may, by signed writing, delegate to the Secretary, a Director of Quarantine or an officer all or any of his or her powers under this Act.
The Secretary may, by signed writing, delegate to a Director of Quarantine or an officer all or any of his or her powers under this Act.
A Director of Quarantine may, by signed writing, delegate to an officer all or any of his or her powers under this Act.
(1) The Governor‑General may enter into an arrangement with the Governor of any State or the Administrator of the Northern Territory with respect to all or any of the following matters: (a) the use of any State or Territory quarantine station or other place in the State or Territory as a quarantine station under this Act, and the control and management of any such quarantine station; (aa) the exercise of functions and powers by State officers who are appointed as quarantine officers or Chief Quarantine Officers; (b) any matters necessary or convenient to be arranged in order to enable the Commonwealth quarantine authorities and the State or Territory health or other authorities to act in aid of each other in preventing the introduction, establishment or spread of diseases or pests; (c) if the Commonwealth is a party to any international agreement requiring the certification of export products—any matters necessary or convenient to be arranged to assist authorities of that State or Territory in the implementation and monitoring, in that State or Territory, of arrangements to enable that certification, and in providing reports to the Commonwealth concerning such arrangements. (2) The Prime Minister may enter into an arrangement with the Chief Minister of the Australian Capital Territory with respect to all or any of the following matters: (a) the use of any Australian Capital Territory quarantine station or other place in the Australian Capital Territory as a quarantine station under this Act, and the control and management of any such quarantine station; (b) any matters necessary or convenient to be arranged in order to enable the Commonwealth quarantine authorities and the Australian Capital Territory health or other authorities to act in aid of each other in preventing the introduction, establishment or spread of diseases or pests; (c) if the Commonwealth is a party to any international agreement requiring the certification of export products—any matters necessary or convenient to be arranged to assist authorities of the Australian Capital Territory in the implementation and monitoring, in the Australian Capital Territory, of arrangements to enable that certification, and in providing reports to the Commonwealth concerning such arrangements.
Note: Section 71 of the Public Service Act 1999 also provides for the making of arrangements with a State or Territory for State or Territory officers to perform Commonwealth functions.
In this Part:
Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.
To avoid doubt, a decision to do, or not to do, anything under this Act is taken to be a decision to grant a governmental authorisation for the purposes of subsection 524(2) of the Environment Protection and Biodiversity Conservation Act 1999.
(1) Before making a decision under this Act, the implementation of which is likely to result in a significant risk of harm to the environment, a Director of Quarantine must comply with the requirements of this section. (2) The Director of Quarantine must give written notice to the Environment Minister: (a) stating that consideration is to be given to the making of such a decision; and (b) requesting the Environment Minister to give advice to the Director as to the adequacy of the risk assessment process that is proposed to be followed in assessing the risk of harm to the environment. (3) After preliminary findings have been made as a result of the risk assessment process, the Director of Quarantine must give written notice to the Environment Minister requesting the Environment Minister to give advice to the Director as to the adequacy of the preliminary findings in relation to the protection of the environment.
(1) If a Director of Quarantine gives to the Environment Minister a notice in accordance with section 11C requesting advice as to a matter, the Environment Minister may give written advice to the Director about that matter. (2) Any such advice is to be given within 28 days after the notice was given.
If the Director of Quarantine receives any advice from the Environment Minister within 28 days after the notice requesting the advice was given to the Environment Minister in accordance with section 11C, the Director must: (a) ensure that the advice is taken into account in making the relevant decision; and (b) inform the Environment Minister in writing as to how the advice was taken into account.
(1) The Minister may, by notice published in the Gazette, declare that a place beyond or in Australia is infected with a quarantinable disease or quarantinable pest, or that a quarantinable disease or quarantinable pest may be brought or carried from or through that place. (2) For the purposes of this Act, a place is a declared place while the declaration remains in force.
(1) If, in the opinion of the Minister, an emergency has arisen that requires the taking of action not otherwise authorised under this Act, the Minister may take such quarantine measures, or measures incidental to quarantine, and give such directions, as he or she thinks necessary or desirable for the diagnosis, for the prevention or control of the introduction, establishment or spread, for the eradication, or for the treatment, of any disease or pest. (2) A person is guilty of an offence if: (a) a direction is given to the person under subsection (1); and (b) the person fails to comply with the direction.
Maximum penalty: Imprisonment for 10 years.
The Minister may establish and use laboratories and facilities for the diagnosis of disease for purposes of, or incidental to, quarantine and may: (a) lease, rent, purchase or erect premises; or (b) enter into an agreement with any State or with any hospital authority for the use of buildings; for the purpose of any such diagnosis.
(1) The Governor‑General may, by proclamation: (a) declare any ports in Australia to be first ports of entry for overseas vessels; or (aaa) declare any ports in the Cocos Islands to be first Cocos Islands ports of entry for overseas vessels; or (aab) declare any ports in Christmas Island to be first Christmas Island ports of entry for overseas vessels; or (aa) declare any place or area in Australia, the Cocos Islands or Christmas Island to be a landing place for aircraft; or (b) declare any ports in Australia, the Cocos Islands or Christmas Island to be ports where imported animals, plants or other goods, or imported animals, plants or other goods of a particular kind or description or having a particular use, may be landed; or (c) appoint places on land or sea to be quarantine stations for the performance of quarantine by vessels, persons, goods, animals, or plants; or (ca) declare a disease or pest to be a quarantinable disease or quarantinable pest, as the case may be; or (d) prohibit the introduction or importation into Australia, into the Cocos Islands, or into Christmas Island, of any disease or pest or any substance, article or thing containing, or likely to contain, any disease or pest; or (e) prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any articles or things likely, in his or her opinion, to introduce, establish or spread any disease or pest; or (f) prohibit the importation into Australia, into the Cocos Islands, or into Christmas Island, of any animals, plants or other goods, or any parts of animals or plants; or (fa) prohibit the bringing into any port or other place in Australia, the Cocos Islands or into Christmas Island of any animals, plants or other goods, or any parts of animals of plants; or (g) prohibit the removal of any animals, plants or other goods, or any parts of animals or plants: (i) from any part of the Commonwealth to any other part of the Commonwealth; or (ii) from any part of the Cocos Islands to any other part of the Cocos Islands; or (iii) from any part of Christmas Island to any other part of Christmas Island; or (ga) prohibit the removal of any animals, plants or other goods, or any parts of animals or plants: (i) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or (ii) from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or (gb) prohibit the removal of any animals, plants or other goods or any parts of animals or plants: (i) from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or (ii) from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or (gc) prohibit the removal of any animals, plants or other goods, or parts of animals or plants: (i) from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island; or (ii) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands; or (h) declare any part of the Commonwealth, of the Cocos Islands, or of Christmas Island in which any disease or pest exists, or is suspected to exist, to be a quarantine area; or (i) declare that any vessel, people, animals, plants or other goods in any quarantine area, or in any part of the Commonwealth, of the Cocos Islands or of Christmas Island in which a disease or pest exists, or is suspected to exist, are to be subject to quarantine. (1A) The power to declare first ports of entry shall extend to authorise the declaration of a port to be a first port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels. (1B) The power to declare first Cocos Islands ports of entry shall extend to authorise the declaration of a port to be a first Cocos Islands port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels. (1C) The power to declare first Christmas Island ports of entry extends to authorise the declaration of a port to be a first Christmas Island port of entry for all overseas vessels, or for overseas vessels from any particular place, or for any class of overseas vessels. (2) The power of prohibition under this section shall extend to authorise prohibition generally or as otherwise provided by the instrument authorising the prohibition, including prohibition either absolutely or subject to any specified conditions or restrictions. (2A) A Proclamation under subsection (1): (a) prohibiting the introduction into Australia, the Cocos Islands or Christmas Island of any thing; or (b) prohibiting the importation into Australia, the Cocos Islands or Christmas Island of any thing; or (c) prohibiting the bringing into a port or other place in Australia, the Cocos Islands or Christmas Island of any thing; or (d) prohibiting the removal of any thing: (i) from a part of Australia to another part of Australia; or (ii) from a part of the Cocos Islands to another part of the Cocos Islands; or (iii) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or (iv) from a part of Christmas Island to another part of Christmas Island; or (v) from Australia or a part of Australia to Christmas Island or a part of Christmas Island or from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or (vi) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands or from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island; may provide that the introduction, importation, bringing or removal of the thing is prohibited unless a permit to introduce, import, bring or remove the thing is granted by a Director of Quarantine. (2AA) A Director of Quarantine may, for the purposes of subsection (2A), grant a permit that relates to a specified act, or a specified class of acts, in relation to a specified thing or a specified class of things. (2B) A permit granted pursuant to a proclamation made in accordance with subsection (2A) may be granted subject to compliance with conditions or requirements, either before or after the introduction, importation, bringing or removal of the thing to which the permit relates, by the holder of the permit, being conditions or requirements set out in the permit. (2C) If, after the grant of a permit under a Proclamation made in accordance with subsection (2A), a Director of Quarantine is satisfied: (a) that the level of quarantine risk in respect of the introduction, importation, bringing or removal of the thing or class of things to which the permit relates has altered; or (b) that the person to whom the permit was granted has breached a condition of the permit; that Director of Quarantine may, by notice in writing given to the person to whom the permit was issued, revoke the permit. (3) The powers conferred on the Governor‑General by this section, in relation to the matters specified in paragraphs (1)(g), (ga), (gb), (gc), (h) and (i), so far as they relate to vessels, people, animals, plants or other goods, or any disease or pest, are exercisable in relation to the Commonwealth, the Cocos Islands or Christmas Island only if the Governor‑General is satisfied that the exercise of the powers is necessary for the purpose of preventing the introduction, establishment or spread of a disease or pest. (4) Where there is in force a Proclamation (in this subsection referred to as the relevant Proclamation) under subsection (1) (whether made before or after the commencement of this subsection) prohibiting the importation into Australia of any animals, plants or other goods, the Governor‑General may, by Proclamation (in this subsection referred to as the exempting Proclamation), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods that: (a) are brought into a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone on board a Protected Zone vessel; and (b) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone. (5) A Proclamation made under subsection (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (4). (6) If there is in force a Proclamation (the relevant Proclamation) under subsection (1) (whether made before or after the commencement of this subsection) prohibiting: (a) the bringing into a port or other place in Australia of any animals, plants or other goods; or (b) the removal of any animals, plants or other goods: (i) from a part of Australia to another part of Australia; or (ii) from a part of the Cocos Islands to another part of the Cocos Islands; or (iii) from Australia or a part of Australia to the Cocos Islands or a part of the Cocos Islands; or (iv) from the Cocos Islands or a part of the Cocos Islands to Australia or a part of Australia; or (v) from a part of Christmas Island to another part of Christmas Island; or (vi) from Australia or a part of Australia to Christmas Island or a part of Christmas Island; or (vii) from Christmas Island or a part of Christmas Island to Australia or a part of Australia; or (viii) from Christmas Island or a part of Christmas Island to the Cocos Islands or a part of the Cocos Islands; or (ix) from the Cocos Islands or a part of the Cocos Islands to Christmas Island or a part of Christmas Island; the Governor‑General may, by Proclamation (the exempting Proclamation), either generally or subject to such conditions or restrictions as are specified in the exempting Proclamation, exempt from the operation of the relevant Proclamation animals, plants or other goods of a kind specified in the exempting Proclamation, being animals, plants or other goods that: (c) are brought or removed, on board a Protected Zone vessel, from a part of Australia that: (i) is in the Protected Zone; or (ii) is in an area in the vicinity of the Protected Zone; or (iii) is in a Special Quarantine Zone; and (d) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel. (7) A Proclamation made under subsection (1) may, either generally or subject to such conditions or restrictions as are specified in the Proclamation, exempt from the operation of the Proclamation any animals, plants or other goods specified in the Proclamation, being animals, plants or other goods in respect of which an exemption may be granted under subsection (6).
The Minister may appoint any place to be a temporary quarantine station for such period as he or she thinks necessary, for the performance of quarantine by any vessel, installation, persons, goods, animals, or plants, and the place so appointed shall be deemed to be a quarantine station accordingly.
The Governor‑General may exempt, for such time and subject to such conditions as he or she thinks fit, from all or any of the provisions of this Act: (a) any ship of war; and (b) any vessels trading exclusively: (i) between Australian ports; or (ia) between Australian ports and Australian installations; or (ii) between ports in the Cocos Islands; or (iii) between Australia and New Zealand; or (iv) between Australia and Fiji; or (v) between Australia and the Cocos Islands; or (va) between ports in Christmas Island; or (vb) between Australia and Christmas Island; or (vc) between the Cocos Islands and Christmas Island; or (vi) between Australia and another place adjacent to Australia; (c) any particular vessel or class of vessels; and (d) any persons, animals, plants or goods or any classes of persons, animals, plants or other goods.
(1) Without limiting the power of the Governor‑General to grant exemptions under section 14, the Minister may, by notice published in the Gazette, exempt, subject to such conditions (if any) as are specified in the notice, from all of the provisions of this Act, the regulations or a Proclamation under this Act or from so many of those provisions as are specified in the notice: (a) any Protected Zone vessel that enters a part of Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone, being a vessel: (i) on board which there is at least one traditional inhabitant who is entering that part of Australia in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone; and (ii) no person on board which is a person other than: (A) a person referred to in subparagraph (i); or (B) an employee of the Commonwealth, of Queensland or of Papua New Guinea or of an authority of the Commonwealth, of Queensland or of Papua New Guinea who is entering that part of Australia in connection with the performance of his or her duties; (b) persons on board a vessel of the kind referred to in paragraph (a); or (c) goods on board a vessel of the kind referred to in paragraph (a), being goods that: (i) are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him or her in connection with the performance of traditional activities in the Protected Zone or in an area in the vicinity of the Protected Zone; or (ii) are the personal belongings of a person referred to in subparagraph (a)(ii). (2) An exemption granted under subsection (1) has effect only while the vessels, persons or goods in respect of which the exemption was granted remain in the Protected Zone or in an area in the vicinity of the Protected Zone.
(1) A Director of Quarantine may give to the operator or master of: (a) a vessel going from one State or part of the Commonwealth to another State or part of the Commonwealth; or (b) a vessel carrying passengers and trading regularly with the Commonwealth; or (c) a vessel coming from, or which has called at, a declared place; a direction to cause to be carried on the vessel, for a period specified in the direction, such prophylactic agents, efficient disinfecting apparatus or appliances, and disinfectants, as are so specified. (2) A person is guilty of an offence if: (a) a Director of Quarantine gives a direction to the person under subsection (1); and (b) the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(1) For the purposes of this Act, where: (a) an overseas resources installation has been attached to the Australian seabed; and (b) pratique has been granted to the installation or the installation has been released from quarantine; the installation shall, subject to subsection (3), be deemed to be part of Australia. (2) For the purposes of this Act, a resources installation that: (a) not being an overseas resources installation, becomes attached to the Australian seabed after the commencement of this subsection; or (b) is attached to the Australian seabed at the commencement of this subsection; shall, subject to subsection (3), be deemed to be part of Australia. (3) A resources installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes for this Act, cease to be part of Australia if: (a) the installation is detached from the Australian seabed, or from another resources installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or (b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).
(1) For the purposes of this Act, where: (a) an overseas sea installation has been installed in an adjacent area or in a coastal area; and (b) pratique has been granted to the installation or the installation has been released from quarantine; the installation shall, subject to subsection (3), be deemed to be part of Australia. (2) For the purposes of this Act, a sea installation that: (a) not being an overseas sea installation, becomes installed in an adjacent area or in a coastal area after the commencement of this subsection; or (b) is installed in an adjacent area or in a coastal area at the commencement of this subsection; shall, subject to subsection (3), be deemed to be part of Australia. (3) A sea installation that is deemed to be part of Australia because of the operation of this section, shall, for the purposes of this Act, cease to be part of Australia if: (a) the installation is detached from its location for the purpose of being taken to a place outside the outer limits of Australian waters; or (b) after having been detached from its location otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters.
(1) For the purposes of this Act, where an overseas resources installation becomes attached to the Australian seabed, any goods, animals or plants that are on board the installation at the time when it becomes so attached, not being goods, animals or plants that have been brought to the installation from a place in Australia, shall be deemed to be imported into Australia at that time. (1A) For the purposes of this Act, where an overseas sea installation is installed in an adjacent area or in a coastal area, any goods, animals or plants that are on board the installation at the time when it becomes so installed, not being goods, animals or plants that have been brought to the installation from a place in Australia, shall be deemed to be imported into Australia at that time. (2) For the purposes of this Act, where goods, animals or plants are taken from a place other than a place in Australia on to an Australian installation, the goods, animals or plants shall be deemed to have been imported into Australia at the time when they are taken on to the installation.
(1) If a person proposes to import goods into Australia, the Cocos Islands or Christmas Island, the person, or an agent of the person, may give notice of the proposed importation in accordance with this section. (2) If: (a) a person imports goods into Australia, the Cocos Islands or Christmas Island; and (b) notice of the proposed importation of the goods was not given under subsection (1); the person must, within the period applicable under subsection (2A), cause notice of the importation to be given in accordance with this section. (2A) The period within which notice of the importation of goods is to be given by a person under subsection (2) is 35 days after: (a) the day on which the person or an agent of the person receives notice of the landing of the goods; or (b) if the person or an agent of the person does not receive notice of the landing of the goods before the person or agent receives the goods—the day on which the goods are so received. (2B) A person is guilty of an offence if: (a) the person is required by subsection (2) to cause a notice of the importation of goods to be given in accordance with this section; and (b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 2 years.
(3) Subsection (2) does not apply to goods imported in circumstances prescribed by the regulations if any conditions prescribed by the regulations are complied with. (4) A notice under subsection (1) or (2) must be given in the manner, and must contain the information relating to the goods, that is prescribed by the regulations. (5) The regulations: (a) may provide for a notice under subsection (1) to be given to: (i) an officer; or (ii) an officer of Customs; and (b) may provide that the lodging of an entry, by electronic means or otherwise, under the Customs Act 1901 in relation to goods is to constitute: (i) if the goods have not been imported—the giving of a notice of the proposed importation of the goods under subsection (1); or (ii) if the goods have been imported—the giving of a notice of the importation of the goods under subsection (2); and (c) may provide for a notice under this section to be given by electronic means. (5A) Without limiting subsection (5), the regulations may provide that the doing of something specified in the regulations is, or is in circumstances or subject to conditions so specified, taken to constitute the giving of a notice under subsection (1) or (2). (6) If a notice under this section: (a) is given to an officer of Customs; or (b) is given by the lodging of an entry under the Customs Act 1901 as mentioned in paragraph (5)(b); or (c) is taken to be given by the doing of something specified in regulations under subsection (5A); an entrusted person (within the meaning of the Australian Border Force Act 2015) may, despite Part 6 of the Australian Border Force Act 2015, give the notice, particulars of the entry, or particulars of the thing the doing of which is taken to constitute the giving of the notice, as the case may be, to a quarantine officer.
(1) A quarantine officer may, by written notice given to a person who has imported, or proposes to import, goods into Australia, the Cocos Islands or Christmas Island or to an agent of such a person, require the person to whom the notice is given to give any information about the goods that is stated in the notice. (2) A notice under subsection (1), and any information given in response to such a notice, may be given by electronic means. (3) If a notice under subsection (1) is given by electronic means, the notice is taken to have been given by the principal quarantine officer in the State or Territory in which the notice was sent. (4) A person is guilty of an offence if: (a) a notice is given to the person under subsection (1); and (b) the person fails to comply with the notice.
Maximum penalty: 120 penalty units.
Note: This section is subject to the privilege against self incrimination (see subsection 79A(3)).
A person must not include any information in a notice given under subsection 16AC(1) or (2), or give any information in response to a notice given under subsection 16AD(1), that the person knows to be false or misleading in a material particular.
Maximum penalty: Imprisonment for 2 years.
(1) If a quarantine officer decides to order goods into quarantine, or to authorise goods to be brought into Australia, the Cocos Islands or Christmas Island (whether by releasing the goods from quarantine, granting a permit, giving an authorisation, or otherwise), the decision may be recorded, and notice of the decision may be given to a person affected by it, by electronic means. (2) A notice given to a person under subsection (1) may require the person to do a specified thing for the purpose of giving effect to the decision. (3) A person is guilty of an offence if: (a) a notice given to the person under subsection (1) requires the person to do a specified thing; and (b) the person fails to comply with the requirement.
Maximum penalty: Imprisonment for 5 years.
The regulations may provide for the manner in which evidence may be given in a proceeding for the purpose of proving: (a) that a notice of the proposed importation of goods has, or has not, been given under subsection 16AC(1); or (b) that a notice of the importation of goods has, or has not, been given under subsection 16AC(2); or (c) that a notice has been given under section 16AD requiring a person to give information to a quarantine officer; or (d) that information has, or has not, been given as required by a notice under section 16AD; or (e) the nature of any information given in response to a notice under section 16AD; or (f) that a quarantine officer has authorised goods to be brought into Australia, the Cocos Islands or Christmas Island by releasing the goods from quarantine, granting a permit, giving an authorisation, or otherwise.
If a vessel that is at a place in Australia other than a port arrived at the place (whether before or after the commencement of this section) in contravention of this Act, an officer may perform any functions or exercise any powers under this Act in relation to the vessel, its operator, master, crew or passengers, or any goods on it, that he or she could have performed or exercised if the vessel were at a port.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Quarantine Act 1908.
This Act shall commence on a day to be fixed by proclamation.
(1) Whenever the Governor‑General is satisfied that an emergency exists which makes it necessary to do so, he or she may, by proclamation, declare that any or all measures of quarantine prescribed by or under any State Act shall, for such period as is specified in the proclamation, cease to have effect, and such measure shall thereupon cease to have effect accordingly. (2) The Governor‑General may at any time revoke or vary any such proclamation.
(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.
(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.
(1) In this Act, quarantine includes, but is not limited to, measures: (a) for, or in relation to: (i) the examination, exclusion, detention, observation, segregation, isolation, protection, treatment and regulation of vessels, installations, human beings, animals, plants or other goods or things; or (ii) the seizure and destruction of animals, plants, or other goods or things; or (iii) the destruction of premises comprising buildings or other structures when treatment of these premises is not practicable; and (b) having as their object the prevention or control of the introduction, establishment or spread of diseases or pests that will or could cause significant damage to human beings, animals, plants, other aspects of the environment or economic activities. (2) Without otherwise limiting the nature of any quarantine measure, or measure incidental to quarantine: (a) by way of a direction that a person may be authorised to give; or (b) by way of an action that a person may be authorised to take; either as a result of a Ministerial authorisation under subsection 3(1) or as a result of an authorisation by the executive head of a national response agency under subsection 3(2), that direction or action must be no more than is reasonably appropriate and adapted: (c) to the control and eradication of the epidemic; or (d) to the removal of the danger of the epidemic; in respect of which the authorisation was given.
(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 and Greenhouse Gas Storage 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.
Australian waters means:
(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.
authorised person means a person authorised 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.
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 and Greenhouse Gas Storage 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.
Environment related activity has the same meaning as in the Sea Installations Act.
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.
Examine includes:
(a) in relation to an animal—carr
This is an opening excerpt, not the complete document.