35AVessel or installation having a communicable disease on board

#### 35A Vessel or installation having a communicable disease on board Circumstances in which section applies (1) This section applies if: (a) a vessel or installation has on board any case of communicable disease (the disease); and (b) a quarantine officer (human quarantine) certifies that measures of quarantine are necessary to prevent the disease from spreading. Direction as to measures of quarantine to be taken (2) The Chief Quarantine Officer (Human Quarantine) or a quarantine officer (human quarantine) may direct: (a) the measures to be taken for the treatment of the vessel or installation; and (b) any other measures of quarantine to be taken: (i) in relation to the vessel or installation or any goods on it; or (ii) in relation to any people who are or have been on board the vessel or installation or any of their clothing or personal effects; and may give directions as to the persons who are to take the measures. People may be ordered into quarantine (3) A quarantine officer (human quarantine) may order into quarantine any people who are or have been on board the vessel or installation and are suffering or suspected to be suffering, or have been exposed to infection, from the disease. Medical opinion may be sought (3A) In deciding whether a person is suffering or suspected to be suffering from the disease, a quarantine officer (human quarantine) may seek an opinion from a medical practitioner. Director of Human Quarantine to be notified (3B) If a quarantine officer (human quarantine) orders a person into quarantine under subsection (3), the officer must also: (a) inform the person of his or her right to request an independent medical assessment as allowed by section 35C; and (b) notify the Director of Human Quarantine, in writing, of the order as soon as practicable. People ordered into quarantine may be removed to quarantine station (4) A quarantine officer (human quarantine) may cause any people so ordered into quarantine to be removed to a quarantine station. People subject to quarantine (5) People suffering, or suspected to be suffering, from the disease are taken to be subject to quarantine even if the disease has not been proclaimed to be a quarantinable disease. Offences for failure to take measures (6) A person is guilty of an offence if: (a) a direction is given to the person under subsection (2) to take specified measures; and (b) the person fails to comply with the direction. Maximum penalty: Imprisonment for 2 years. Master knowingly or recklessly permitting person suffering from disease to leave vessel or installation (7) The master of the vessel or installation is guilty of an offence if: (a) a person is suffering from the disease or has been exposed to infection from the disease; and (b) the master permits the person to leave the vessel or installation; and (c) the master knows that, or is reckless as to whether or not, the person is suffering from the disease or has been exposed to infection from the disease. Maximum penalty: Imprisonment for 5 years. Master negligently permitting person suffering from disease to leave vessel or installation (8) The master of the vessel or installation is guilty of an offence if: (a) a person is suffering from the disease or has been exposed to infection from the disease; and (b) the master permits the person to leave the vessel or installation; and (c) the master is negligent as to whether or not the person is suffering from the disease or has been exposed to infection from the disease. Maximum penalty: Imprisonment for 3 years. Person suffering from disease leaving vessel or installation without permission (9) A person is guilty of an offence if: (a) the person is suffering, or suspects that he or she is suffering, from the disease or from any other communicable disease; and (b) the person leaves the vessel or installation. Maximum penalty: Imprisonment for 5 years. Person in charge of another person allowing the other person to leave the vessel or installation without permission (10) A person (the first person) is guilty of an offence if: (a) the first person is in charge of another person who is on board the vessel or installation; and (b) the first person allows the other person to leave the vessel or installation; and (c) the first person knows that, or is reckless as to whether or not, the other person is suffering from the disease or from any other communicable disease. Maximum penalty: Imprisonment for 5 years. Exception (10A) Subsections (7), (8), (9) and (10) do not apply if the person leaves the vessel or installation with the permission of a quarantine officer (human quarantine). > Note: A defendant bears an evidential burden in relation to the matter in subsection (10A) (see subsection 13.3(3) of the Criminal Code). Definition (11) In this section: > installation means: (a) an Australian resources installation; or (b) a resources installation that is in Australian waters for the purpose of becoming attached to the Australian seabed; or (c) an Australian sea installation; or (d) a sea installation that is in Australian waters for the purpose of becoming installed in an adjacent area or in a coastal area. > medical practitioner means a person who is registered as a medical practitioner in a State or Territory.