13Proclamation of ports of entry etc.

#### 13 Proclamation of ports of entry etc. (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).