46AApprovals for the purpose of goods subject to quarantine

#### 46A Approvals for the purpose of goods subject to quarantine Giving of approvals (1) A Director of Quarantine may, on application by the owner or occupier of a place and on payment of the prescribed fee, by writing: (a) approve the place as a place where goods of a specified class that are subject to quarantine may be treated or otherwise dealt with; and (b) if a place is so approved—approve goods of that class being moved, dealt with or interfered with in a way set out in the approval while they are at that place. Applications for approvals (2) Applications for approvals are to contain such information, and be accompanied by such documents, as a Director of Quarantine determines. Applicant may be required to make declaration (3) Without limiting subsection (2) but subject to Part VIIC of the Crimes Act 1914, a Director of Quarantine may require a person who applies for an approval to make and sign a written declaration before an officer stating: (a) whether the person has been convicted of: (i) an offence against this Act; or (ii) an offence against the Customs Act 1901 in relation to the importation or movement of, or an interference with, goods; or (iii) an offence against any other law of the Commonwealth prescribed for the purposes of this section; or (iv) an offence against any law of a State or a Territory prescribed for the purposes of this section; and (b) whether a previous application under subsection (1) by the person has been granted or refused; and (c) whether any approval given under this section or under any other provision of this Act to, or on the application of, the person has been suspended or revoked. Criteria for giving approvals (4) In deciding whether to give an approval, the Director of Quarantine must take into account: (a) whether the procedures proposed in the application to be carried out (the proposed procedures) in relation to the goods at the place: (i) can be carried out without an unacceptably high level of quarantine risk; and (ii) can be carried out without any contravention of this Act; and (iii) will be capable of being effectively monitored to determine whether this Act is being complied with; and (iv) will be of such a nature as will enable the correctness of any oral or written statements made in connection with the application for the approval to be determined; and (b) whether the proposed arrangements for the management and control of the place and the operational practices proposed to be carried out at the place are adequate, having regard to the nature of the goods, the proposed procedures and the level of quarantine risk; and (c) whether the location of the place is appropriate, and whether the construction of the premises, equipment and other facilities and the services provided at the place are adequate, having regard to the nature of the goods, the proposed procedures and the level of quarantine risk; and (d) whether the place is sufficiently close to the nearest place where duties are regularly performed by quarantine officers who could appropriately be called upon to check whether this Act is being complied with in relation to the place and the goods; and (e) whether the applicant has the capacity to comply with the proposed procedures; and (f) whether any person who manages or controls, or is an occupier of, the place or would be carrying out the proposed procedures, has, subject to Part VIIC of the Crimes Act 1914, been convicted of: (i) an offence against this Act; or (ii) an offence against the Customs Act 1901 in relation to the importation or movement of, or an interference with, goods; or (iii) an offence against any other law of the Commonwealth prescribed for the purposes of this section; or (iv) an offence against any law of a State or a Territory prescribed for the purposes of this section; and (g) any other matters that the Director thinks relevant. Period of approval (5) An approval has effect for a period (not exceeding one year) specified in the approval but, subject to subsection (6), may be renewed on one or more occasions. When application to be made (6) An application for the renewal of an approval is to be made: (a) within the period of 3 months immediately before the end of the period of approval; or (b) if a Director of Quarantine consents, after the end of the period of approval. Renewal given after expiry of approval to have retrospective effect (7) If an approval is renewed at any time after the end of the period of approval, the period for which the renewed approval has effect is taken to have begun at the end of the period of the previous approval. Offences for recklessly contravening conditions (8) A person is guilty of an offence if: (a) an approval was given to the person subject to a condition; and (b) the condition is contravened; and (c) the person is reckless as to whether or not the condition is contravened. Maximum penalty: Imprisonment for 2 years. Criteria for suspending or revoking approvals (9) The grounds on which a Director of Quarantine may suspend or revoke an approval are: (a) that any of the procedures (the procedures) carried out in relation to the goods at the approved place: (i) cannot be carried out without an unacceptably high level of quarantine risk; or (ii) cannot be carried out without a contravention of this Act; or (iii) are not capable of being effectively monitored to determine whether this Act is being complied with; or (iv) are of such a nature as will not enable the correctness of an oral or written statement made in connection with the application for the approval to be determined; or (b) that the arrangements for the management and control of the place or the operational practices carried out at the place are not adequate, having regard to the nature of the goods, the procedures and the level of quarantine risk; or (c) that the location of the place is not appropriate, or the construction of the premises, equipment or other facilities or the nature of the services provided at the place is not adequate, having regard to the nature of the goods, the procedures and the level of quarantine risk; or (d) that the place is not sufficiently close to the nearest place where duties are regularly performed by quarantine officers who could appropriately be called upon to check whether this Act is being complied with in relation to the place and the goods; or (e) that the applicant has not complied with any one or more of the procedures; or (f) that a person who manages or controls, or is an occupier of, the place or is carrying out any of the procedures, has, subject to Part VIIC of the Crimes Act 1914, been convicted of: (i) an offence against this Act; or (ii) an offence against the Customs Act 1901 in relation to the importation or movement of, or an interference with, goods; or (iii) an offence against any other law of the Commonwealth prescribed for the purposes of this section; or (iv) an offence against any law of a State or a Territory prescribed for the purposes of this section; or (g) that a condition to which the approval of the place is subject has been contravened; or (h) any other matter that the Director thinks relevant. Notice of suspension, variation or revocation (10) If an approval is suspended, varied or revoked , written notice of the suspension, variation or revocation, stating the grounds for it, is to be given as soon as practicable to the person who applied for the approval. Action to be taken if approval expires or is suspended or revoked (11) If an approval expires, or is suspended or revoked, a Director of Quarantine: (a) may, by written notice given to the person who applied for the approval, require the person to take, within a period stated in the notice: (i) if the approval was an approval of a place—such action with respect to the place or goods at the place as is so stated; or (ii) if the approval was an approval of a class of goods—such action with respect to goods of that class at the place as is so stated; and (b) if the action is not taken within the stated period—may, by written notice given to another person who is able to take the action, direct the other person to take the action within a period stated in the notice. Offence for failing to take action (12) A person is guilty of an offence if: (a) a notice is given to the person under subsection (11); and (b) the person fails to comply with the notice. Maximum penalty: Imprisonment for 2 years. Application of section to renewal of approval (13) This section applies to an application for, to the giving of, and to the suspension, variation or revocation of, the renewal of an approval in the same way as it applies to an application for, to the giving of, and to the suspension, variation or revocation of, an approval. Definition (14) In this section: > goods has the meaning given by subsection 5(1), and includes a vessel. Interpretation (15) Subsection (14) does not affect the meaning of goods in any other provision of this Act.