8Act not to apply to certain specimens

##### 8 Act not to apply to certain specimens (1) For the purposes of this Act, where a specimen is brought into Australia from a country (other than a prescribed Territory): (a) for the purpose of transhipment to another country; or (b) as part of an aircraft’s stores or ship’s stores; that specimen: (c) shall be taken not to have been imported into Australia; and (d) when it leaves Australia, shall be taken not to be exported from Australia. (2) For the purposes of this Act, where a specimen is brought into an external Territory (other than a prescribed Territory): (a) for the purpose of transhipment to another country; or (b) as part of an aircraft’s stores or ship’s stores; that specimen: (c) shall be taken not to have been imported into that Territory; and (d) when it leaves that Territory, shall be taken not to be exported from that Territory. (3) For the purposes of this Act, where a prescribed organization sends a specimen out of, or brings a specimen into, Australia or an external Territory for the purpose of using the specimen in a diagnostic test that is to be carried out in an endeavour to identify a disease of humans, animals or plants, that specimen shall be taken not to have been exported or imported, as the case may be. (4) For the purposes of this Act, where: (a) a prescribed person or a prescribed organization is satisfied that, in order to meet an emergency involving danger to the life or health of a human or an animal, it is necessary or desirable that a specimen that could be used in treating that person or animal should be sent out of, or brought into, Australia or an external Territory; and (b) that specimen is sent out of, or brought into, Australia or that Territory, as the case requires, to meet that emergency; that specimen shall be taken not to have been exported or imported, as the case may be. (5) Subject to subsections (1), (2), (3) and (4), where, in accordance with the Quarantine Act 1908 or a law of an external Territory relating to quarantine, a person exercising powers under that Act or law imports a specimen that is subject to quarantine, then, for the purposes of this Act, that specimen shall be deemed to have been imported by: (a) where a person holds a permit or an authority to import that specimen—the holder of that permit or authority; or (b) in any other case—a person whose identity is not known; but this subsection shall not affect the commission of any offence committed before the importation of that specimen. (5A) For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if: (a) the specimen is brought into Australia in the course of being transported to an identified person in the other country; and (b) any delay in its leaving Australia will be due solely to the arrangements for its transport; and (c) it will be under the control of the Customs all the time that it is in Australia. (5B) For the purposes of subsection (2), a specimen is to be taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if: (a) the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and (b) any delay in its leaving that Territory will be due solely to the arrangements for its transport; and (c) it will be under the control of an inspector all the time that it is in that Territory. (6) In this section, aircraft’s stores and ship’s stores have the same meanings respectively as they have in Part VII of the Customs Act 1901.