39Providing sustenance for animals and plants

39 Providing sustenance for animals and plants

(1) This section provides for the Commonwealth to arrange for or require sustenance to be provided for an animal or plant if: (a) the animal or plant is, or has been, subject to quarantine; and (b) the animal or plant is in the possession or control of the Commonwealth, including because the animal or plant: (i) has been withheld under section 18; or (ii) is on board a vessel that has been detained under section 24; and (c) the owner of the animal or plant, or the owner or operator of the vessel mentioned in subparagraph (b)(ii), is liable to pay, or has paid, a quarantine charge or late payment fee (whether or not the charge or fee relates to the animal or plant, or the vessel). Providing sustenance by agreement (2) The Commonwealth may enter into an agreement with another person for the person to provide sustenance, on the terms and conditions set out in the agreement, for the animal or plant for all or part of a period during which the animal or plant is in the possession or control of the Commonwealth. (3) An agreement may be entered into under subsection (2) in relation to an animal or plant that is to be subject to quarantine before paragraph (1)(a) begins to apply to the animal or plant. Direction to provide sustenance (4) A Director of Quarantine may, by written notice, direct the owner of the animal or plant to provide sustenance for the animal or plant for all or a part of a period during which the animal or plant is in the possession or control of the Commonwealth. Offence (5) A person commits an offence if: (a) the person is given a direction under subsection (4); and (b) the person engages in conduct; and (c) the conduct contravenes the direction.

Penalty: 50 penalty units.