41Application of provisions of the Quarantine Act 1908 in relation to quarantine charges

41 Application of provisions of the Quarantine Act 1908 in relation to quarantine charges

References in the Quarantine Act 1908 to “this Act” (1) The Quarantine Act 1908 applies (subject to subsection (2)) as if a reference in any of the following provisions to “this Act” included a reference to “the Quarantine Charges (Collection) Act 2014 or the regulations under that Act”: (a) subsection 5(1) (definition of unauthorised person); (b) section 5C (power or requirement to do or cause a thing to be done); (c) section 6B (power to make, vary, suspend or revoke various instruments etc.); (d) section 6C (provisions relating to conditions, restrictions or requirements); (e) section 8A (officers responsible for human quarantine); (f) section 8B (officers responsible for animal and plant quarantine); (g) section 10 (delegation by Minister); (h) section 10B (delegation by Director of Quarantine); (i) Part IIA (proposed decisions affecting the environment); (j) section 14 (exemption of certain vessels and goods); (k) section 14A (exemptions under Torres Strait Treaty); (l) paragraph 44A(3A)(b) (exception to removal of goods offence); (m) section 46A (approvals for the purpose of goods subject to quarantine); (n) subsection 49(2) (exception to unlawful damage offence); (o) subsections 56(9) and (10) (electronic notices); (p) Part VIA (enforcement); (q) subsection 74BC(1) (power to require information after entering premises); (r) subsection 74DA(1) (direction for master or owner of vessel or installation to provide help to quarantine officer); (s) subsection 74E(1) (person in control of imported goods to assist quarantine officers); (t) section 82 (protection from civil proceedings); (u) section 86B (jurisdiction of courts); (v) section 86C (power to administer oaths or take declarations); (w) section 86DA (evidence of analyst); (x) subsections 87(1C) and (1D) (effect of ordinances of Cocos Islands and Christmas Island). References in the Quarantine Act 1908 to “offence against this Act” (2) The Quarantine Act 1908 applies as if a reference in a provision covered by subsection (3) to an “offence against this Act” included a reference to: (a) an offence against the Quarantine Charges (Collection) Act 2014; and (b) an offence against section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence against the Quarantine Charges (Collection) Act 2014. (3) The following provisions of the Quarantine Act 1908 are covered by this subsection: (a) subsection 5(1) (definition of evidential material); (b) section 46A (approvals for the purpose of goods subject to quarantine); (c) Part VIA (enforcement); (d) section 86DA (evidence of analyst). References to “quarantine officer” in this Act (4) Section 5AA of the Quarantine Act 1908 applies in relation to each reference to a “quarantine officer” in this Act in the same way as it applies to references to that term in that Act. Effect of suspension or revocation under this Act of approval under section 46A of the Quarantine Act 1908 (5) Subsections 46A(11), (12) and (13) of the Quarantine Act 1908 apply in relation to a suspension or revocation, under section 14 of this Act, of an approval under section 46A of the Quarantine Act 1908 as if the suspension or revocation were under that section of that Act. Effect of directions under this Act for certain purposes (6) If a quarantine officer directs a person to do a thing in relation to goods under subsection 18(5) of this Act, the quarantine officer is taken to have given the person permission under subsection 44B(6) of the Quarantine Act 1908 to do the thing in relation to the goods.