52Examination of animals on importation

#### 52 Examination of animals on importation (1) A person authorised by a Director of Quarantine may examine an imported animal that has not been released from quarantine. (2) Subject to the regulations, where a quarantine officer is of the opinion that there is no reason to suspect that an animal: (a) imported into Australia; or (b) imported into the Cocos Islands otherwise than for the purpose of performing quarantine before being imported into Australia; or (c) imported into Christmas Island otherwise than for the purpose of performing quarantine before being imported into Australia; that has not been released from quarantine is suffering from any disease or is a source of infection of a disease, the quarantine officer may permit the animal to be delivered to the importer of the animal. (3) Where, under subsection (2), a quarantine officer permits an animal to be delivered to the importer of the animal, the officer may release the animal from quarantine or release the animal under quarantine surveillance for such period as the Director of Quarantine determines. (4) Where a quarantine officer does not permit an imported animal to be delivered to the importer of the animal under subsection (2), the officer shall order the animal into quarantine. (5) An animal may be released from quarantine under quarantine surveillance unconditionally or subject to conditions notified by a quarantine officer to the importer of the animal when it is so released or at any time while it is under quarantine surveillance. (5A) If an animal is released from quarantine under quarantine surveillance, a quarantine officer may give to the person to whom the animal is delivered directions about any one or more of the following: (a) where the animal is to be kept; (b) how it is to be kept; (c) how it is to be dealt with; (d) the people who may be given access to it and the times and manner of the access; (e) whether it may be moved and, if so, the manner in which, and the place to which, it may be moved; (f) examination of it; (g) how it is to be treated; (h) tests that may be carried out on it. (5B) A direction given under subsection (5A) may be given when the animal is released or at any time while it is under quarantine surveillance. (5C) A person is guilty of an offence if: (a) a condition is notified to the person under subsection (5) or a direction is given to the person under subsection (5A); and (b) the person fails to comply with the condition or direction. Maximum penalty: Imprisonment for 2 years. (6) In this section: > animal means: (a) a live animal; or (b) viable animal material; and includes the ovum, semen and embryo of an animal but does not include any other biological product. > biological product means goods that are, are produced from, or the production of which involves the use of, organisms or the tissue or body fluids of organisms, and includes vaccines and toxoids.