CTHRepealedAct
Quarantine Act 1908
66AAGeneral powers of quarantine officers in relation to premises
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#### 66AA General powers of quarantine officers in relation to premises
Nature of powers
(1) The powers that a quarantine officer may exercise under paragraph 66AB(1)(b), subparagraph 66AC(4)(a)(ii) or paragraph 66AE(1)(b) or 66AG(1)(b) in relation to particular premises are as follows:
(a) to search the premises and any thing on the premises;
(b) to examine any thing on the premises;
(c) to take photographs (including video or audio recordings) or to make sketches of the premises or any thing on the premises;
(d) to take extracts from, or make copies of, any document on the premises;
(e) to secure the premises or any thing on the premises;
(f) if tests are to be carried out on samples taken of any thing on the premises and the quarantine officer thinks it is necessary to do so, to remove the samples from the premises for the purpose of conducting the tests;
(g) to order into quarantine any infected goods found on the premises;
(h) if the quarantine officer has reasonable grounds to suspect that infected goods have been or are on the premises—to carry out prescribed measures for regulating or preventing people, vehicles or goods from entering or leaving the premises, or prescribed measures of quarantine on or relating to the premises, during:
(i) the search referred to in paragraph (a) and the examination referred to in paragraph (b); and
(ii) the taking of samples of goods found on the premises or the conducting of tests on such samples; and
(iii) any period for which infected goods found on the premises remain on the premises, whether because of an approval of the premises under section 46A or otherwise; and
(iv) such period after the treatment of infected goods found on the premises as the quarantine officer considers, on reasonable grounds, to be a period during which there is a danger of the spread of diseases or pests because of those goods having been on the premises;
(i) to affix on or near the premises notices in relation to quarantine that have been approved by a Director of Quarantine;
(j) to trap or destroy animals on the premises;
(k) to exercise any other powers that the quarantine officer has under this Act in respect of the premises or infected goods found on the premises.
Powers in respect of vehicles
(2) If, while a quarantine officer is entitled to exercise powers referred to in subsection (1) in relation to premises, any vehicle leaves the premises without the permission of the quarantine officer, the quarantine officer may exercise those powers, so far as relevant, in relation to the vehicle as if it were part of the premises.
Extension of meaning of exposed
(3) For the purposes of this section, but without affecting the operation of section 5B:
(a) an animal is taken to have been exposed to any animal of which it is the progeny; and
(b) a plant is taken to have been exposed to any plant of which it is the progeny, including any plant of which it was a cutting or from which it was otherwise derived.
Prescribed measures
(4) For the purposes of paragraph (1)(h):
(a) each of the following is a prescribed measure for regulating or preventing people, vehicles or goods from entering or leaving the premises:
(i) stopping a person or vehicle;
(ii) prohibiting a person from proceeding, moving goods, or driving or moving a vehicle, beyond a specified point or outside a specified area;
(iii) prohibiting a person from entering, moving goods, or driving or moving a vehicle, into a specified area;
(iv) requiring a person to proceed, move goods, or drive or move a vehicle, along a specified route or to a specified area;
(v) removing a person, a vehicle or goods from any area; and
(b) each of the following is a prescribed measure of quarantine:
(i) treating any person, premises or goods;
(ii) requiring a person to treat himself or herself or any clothes that he or she is wearing or has in his or her possession;
(iii) isolating people, premises or goods;
(iv) examining an animal for the purpose of determining whether it is infected with a disease or pest;
(v) detaining an animal for the purpose of examining it as mentioned in subparagraph (iv);
(vi) detaining any goods for the purpose of carrying out any treatment in relation to a disease or pest.
Infected goods
(5) In this section:
> infected goods means any of the following goods:
(a) goods infected with a quarantinable disease or quarantinable pest;
(b) goods that a quarantine officer suspects, on reasonable grounds, are likely to be infected with a quarantinable disease or a quarantinable pest;
(ba) goods that are quarantinable pests or quarantinable diseases;
(bb) goods that a quarantine officer suspects, on reasonable grounds, to be quarantinable pests or quarantinable diseases;
(c) goods that have been exposed to infection with a quarantinable disease or quarantinable pest;
(d) goods that have been:
(i) imported into Australia, the Cocos Islands or Christmas Island; or
(ii) brought into, or landed at, any port or other place in Australia, the Cocos Islands or Christmas Island; or
(iii) removed from a part of Australia to another part of Australia; or
(iv) removed from a part of the Cocos Islands to another part of the Cocos Islands; or
(v) removed from Australia to the Cocos Islands; or
(vi) removed from the Cocos Islands to Australia;
(vii) removed from the Cocos Islands to Christmas Island; or
(viii) removed from a part of Christmas Island to another part of Christmas Island; or
(ix) removed from Australia to Christmas Island; or
(x) removed from Christmas Island to Australia; or
(xi) removed from Christmas Island to the Cocos Islands;
in contravention of this Act;
(e) goods that have been exposed to, or that a quarantine officer suspects, on reasonable grounds, have been exposed to, goods referred to in paragraph (a), (b), (c) or (d).